HomeMy WebLinkAboutCouncil Agenda Packet 09-11-17
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 11, 2017 7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS APPROVAL OF Council Study Notes of August 21, 2017
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.
c. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER. APPROVAL OF AGENDA
1. CONSENT AGENDA a) Resolution 33-2017 – approving the second amended and restated Intergovernmental Agreement between the Juvenile Assessment Center and the
City of Wheat Ridge to provide screening, assessment and services to juveniles
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 16-2017 – approving the rezoning of property located at 6025 West 40th
Avenue from Commercial-One (C-1) to Residential-One C (R-1C) (Case No. WZ-17-
05/Shadow Homes)
CITY COUNCIL AGENDA: September 11, 2017 Page -2-
DECISIONS, RESOLUTIONS AND MOTIONS 3. Resolution 31-2017 – amending the Fiscal Year 2017 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $120,000 for the
purpose of replacing 30 pedestrian lights on 38th Avenue between Harlan Street and
Sheridan Boulevard 4. Resolution 32-2017 – approving an Intergovernmental Agreement between the City of Wheat Ridge and the City and County of Denver concerning additional construction
costs for extending Denver Water Department conduit work in an amount not-to-exceed
$557,335.63 5. Motion to Ratify the Mayoral appointment of Kevin Hood to the vacant District IV seat on the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire
November 30, 2021
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURN to Special Study Session
ITEM NO: DATE: September 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 33-2017 – A RESOLUTION APPROVING
THE SECOND AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT BETWEEN THE JUVENILE ASSESSMENT CENTER AND THE CITY OF WHEAT RIDGE TO PROVIDE SCREENING, ASSESSMENT AND SERVICES TO JUVENILES
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
______________________________ ______________________________
Chief of Police City Manager ISSUE: In 2000, the Wheat Ridge Police Department entered into an Inter-Governmental Agreement
(IGA) with the Juvenile Assessment Center (JAC) to provide screening, assessment, and services to juveniles involved in the criminal justice system, and to provide services to juvenile runaways and other at-risk youth. The JAC has been operating under this IGA since 2000, and is now proposing a new IGA.
PRIOR ACTION: The current IGA between the JAC and the City of Wheat Ridge was approved and signed on December 21, 2000, and included the First Judicial District Attorney’s Office, the Jefferson County Sheriff’s Office, Golden PD, Lakewood PD, Arvada PD, Edgewater PD, Wheat Ridge
PD, Westminster PD, R-1 Schools, and Jefferson County Human Services. The proposed new
IGA incorporates these same entities and also includes the Jefferson Center for Mental Health. FINANCIAL IMPACT: No changes are proposed to the current funding formula. The 2016 assessment was $20,438, the
2017 assessment was $20,870, and the 2018 assessment is estimated to be $22,603. The funding
Council Action Form – JAC Intergovernmental Agreement
September 11, 2017
Page 2 formula is based on the juvenile population of Wheat Ridge relative to the rest of Jefferson
County, combined with actual usage. In 2016, 134 juveniles were taken to the JAC by the
WRPD, putting the average cost per juvenile at $155.75. The JAC currently charges non-member agencies $450.00 per juvenile transported to the center. BACKGROUND: The JAC was created to provide more effective solutions to juvenile offenders, with the goal of
reducing recidivism among this population. Juvenile offenders and their families are screened for needs and then referred to the appropriate agencies for services, such as mental health, Jefferson County Human Services, or other available services. Juveniles may also be taken to the JAC for non-criminal issues such as running away from home, or for a cooling off period
after a family disturbance. Prior to the creation of the JAC, there were few alternatives for law
enforcement regarding the placement of juveniles. The JAC fills this need and provides services to this population. The proposed IGA provides additional clarifying / updated language to reflect current operations,
adds the Jefferson Center for Mental Health as a party to the IGA, and changes the JAC from a
501(c)(3) nonprofit organization to a government entity. The new language states that the JAC, “shall operate as a governmental entity and is governed by the Board as established in this agreement.” There are no other significant changes regarding JAC operations and no changes which affect the City of Wheat Ridge’s responsibilities or funding requirements.
RECOMMENDATIONS: Staff recommends maintaining the partnership with the Jefferson County Juvenile Assessment Center by approving this agreement. The JAC provides valuable services to juveniles within the City, and options to the police department for placement of juvenile offenders, runaways, and
other youth in need of services.
RECOMMENDED MOTION: “I move to approve Resolution No. 33-2017, a resolution approving a second amended and restated intergovernmental agreement between the Juvenile Assessment Center and the City of
Wheat Ridge to provide screening, assessment, and services to juveniles.”
Or, “I move to postpone indefinitely Resolution No. 33-2017, a resolution approving a second amended and restated intergovernmental agreement between the Juvenile Assessment Center and
the City of Wheat Ridge to provide screening, assessment, and services to juveniles for the
following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Mark Moellenberg, Interim Commander
Daniel Brennan, Chief of Police
Patrick Goff, City Manager
Council Action Form – JAC Intergovernmental Agreement
September 11, 2017
Page 3 ATTACHMENTS: 1. Resolution No. 33-2017
2. Juvenile Assessment Center Second Amended and Restated IGA
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 33 Series of 2017
TITLE: A RESOLUTION APPROVING THE SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE JUVENILE ASSESSMENT CENTER AND THE CITY OF WHEAT RIDGE TO PROVIDE SCREENING, ASSESSMENT AND SERVICES TO JUVENILES
WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and
WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., authorizes the City to enter into
agreements with other governmental entities to cooperate in the provision of any function, service, or facility each is authorized to provide; and
WHEREAS, pursuant to this authority, the City previously entered into an agreement with several other area jurisdictions to form the Juvenile Assessment Center
(JAC) to provide a centralized location for the coordinated provision of mental health and
other intervention programs and services for juveniles and their families who are referred to the JAC; and
WHEREAS, the parties to such agreement now wish to adopt certain amendments to more accurately reflect the current practices and policies of the JAC; and
WHEREAS, the Council finds that the City’s participation in and use of the JAC
provides a valuable public resource in the form of intervention, counseling, diversion and assistance specifically tailored for juveniles, and that it would therefore further the health, safety and welfare of City residents to maintain the City’s participation in the JAC; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the
Council, acting by resolution or ordinance, to approve intergovernmental agreements.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The attached Second Amended and Restated Intergovernmental Agreement Establishing the Juvenile Assessment Center is hereby approved. The Mayor and City Clerk are authorized to execute the same.
DONE AND RESOLVED this ____ day of ______________, 2017.
Joyce Jay, Mayor ATTEST:
Janelle Shaver, City Clerk
Attachment 1
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SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
Establishing the Juvenile Assessment Center
This Agreement, dated for reference purposes only June 1, 2017, is entered into by the following Parties
(each, individually, a “Party”):
A. The County of Jefferson, State of Colorado, a body politic and corporate (the “County”) for the use
and benefit of the Office of the District Attorney, First Judicial District (the “District Attorney”) and
the Jefferson County Department of Human Services (“Human Services”);
B. The Jefferson County Sheriff’s Office (the “Sheriff”);
C. Jefferson County School District No. R-1 (“Jeffco Schools”):
D. Jefferson Center for Mental Health (“Mental Health”);
E. The City of Arvada, a municipal corporation (“Arvada”);
F. The City of Edgewater, a municipal corporation (“Edgewater”);
G. The City of Golden, a municipal corporation (“Golden”);
H. The City of Lakewood, a municipal corporation (“Lakewood”);
I. The City of Westminster, a municipal corporation (“Westminster”); and
J. The City of Wheat Ridge, a municipal corporation (“Wheat Ridge”).
RECITALS
A. Part 2 of Article 1 of Title 29, C.R.S., permits and encourages governments to make the most efficient
and effective use of their powers and responsibilities by cooperating and contracting with other
governments.
B. Part 2 of Article 1 of Title 29, C.R.S., authorizes governments to contract with one another to provide
any function, service, or facility lawfully authorized to each of the contracting units through the
establishment of a separate legal entity.
C. It was previously determined it would be in the best interest of all of the Parties to create a separate
legal entity with its own governing board to provide a centralized location for the coordinated
provision of mental health and other intervention programs and services for juveniles and their
families who are referred to the Center.
D. The Juvenile Assessment Center was established as a separate legal entity by an Intergovernmental
Agreement signed by all Parties, effective January 1, 2001, as amended and restated by a First
Amended Intergovernmental Agreement, dated May 1, 2002.
E. Section 19-2-211, C.R.S., allows for the creation of a local “Juvenile Service Planning Committee”
(“JSPC”) appointed by the Chief Judge of a judicial district and Chief Judge’s Order number 2001-2
of the First Judicial District dated September 7, 2001, assigned the responsibilities of the local JSPC
to the governing board of the Juvenile Assessment Center.
F. The Parties desire to enter into a new Agreement herein, which supersedes all prior agreements and
amendments and reflects more accurately the current circumstances, policies and procedures.
Attachment 2
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AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreement of the Parties hereinafter
contained, the receipt and sufficiency of which are hereby confessed, it is understood and agreed as
follows:
I. GENERAL PROVISIONS
A. The Parties hereby affirm the prior establishment and continuing existence of the separate legal entity
known as the “Juvenile Assessment Center” (the “Center”) which shall operate as a governmental
entity and is governed by the Board, as established in this Agreement under the section titled BOARD
OF DIRECTORS.
B. This Agreement shall be in full force and effect upon execution by all Parties and shall continue until
December 31, 2049, or until earlier terminated by a majority of the Parties.
C. This Agreement may be amended at any time in writing by agreement of two-thirds of the Parties
subject to the approval of the various governing bodies of the Parties.
D. This Agreement supersedes and replaces all prior agreements and all amendments thereto including,
but not limited to, the June 1, 2001 Intergovernmental Agreement, May 1, 2002 First Amended
Intergovernmental Agreement, the Partners Agreement and the Law Enforcement Funding Agreement
referred to herein.
II. POWERS OF THE CENTER
A. GENERAL POWERS. The Parties agree the Center shall be empowered with the authority to
maintain, control, regulate, and operate the Center within Jefferson County, Colorado, for the use and
benefit of the Parties and their constituents.
B. SPECIFIC POWERS. The Center shall be authorized to provide or coordinate the provision of the
services identified below to children under the age of eighteen and who reside or are present in the
First Judicial District of Colorado (“Youth”):
1. a centralized location for the coordinated provision of services, as specified by the JSPC, for
Youth and their families who are referred to the Center by any Party;
2. comprehensive screening and assessments of the strengths and needs of Youth and their families;
3. prompt referrals of Youth and their families to appropriate services;
4. crisis intervention and case management for Youth and their families;
5. collect, maintain and share information to facilitate services for Youth in accordance with
applicable laws;
6. assistance with decision-making concerning arrest, detention and intervention for Youth;
7. supporting information for preparation of reports for municipal and state courts;
8. apply for and administer grants and other sources of funding as authorized by the JSPC;
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9. screening of Youth for purposes of determining detention eligibility;
10. if the Center is designated as a shelter by the District Court in the First Judicial District of
Colorado or by the County pursuant to Section 19-2-508, C.R.S., short term holding of Youth (a)
detained or arrested by Law Enforcement; (b) with status, ordinance, misdemeanor or felony level
charges; (c) considered to be “at risk” or “runaway;” or (d) referred to or in the care of Human
Services or Mental Health who are not in immediate danger and who pose no threat to themselves
or others (Youth awaiting placement or family services);
11. any additional services ancillary to the services expressly identified herein and not otherwise in
contradiction with this Agreement;
12. any additional services authorized in writing by all the governing bodies of the Parties.
C. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The Center shall have all the authority
reasonable and necessary to carry out the powers set forth in this Agreement. Such authority shall
include, but not be limited to, the authority to contract and purchase all supplies, equipment,
materials, and services, including professional services, and further to hire and discharge employees
of the Center.
D. POWER TO SET FEES. The fees, if any, to be charged for services provided directly by the Center
shall be established by the Center and shall be uniform and reasonable.
E. POWER TO LEASE PROPERTY. The Parties agree the Center is empowered to negotiate and enter
into leases of property that is suitable for providing the services it is authorized to provide.
F. CONTRACTS FOR USAGE BY OTHER YOUTH. The Center may, by contract with governmental
entities other than the Parties and as approved by the Board, permit such entities to make referrals to
the Center or to permit Youth residing outside the First Judicial District to be referred to the Center.
III. CONTRIBUTIONS OF PARTIES
A. IN-KIND CONTRIBUTION OF CERTAIN PARTIES. In consideration of participation in and
access to the Center services and programs, the following Parties agree to make the following in-kind
contributions to the operation of the Center at no cost to the Center:
1. Jeffco Schools. A school employee with duties to include acting as a liaison between Jeffco
Schools and the Center shall be employed by Jeffco Schools and shall be located at the Center as
feasible. Furniture and equipment necessary to support this position or any other Jeffco Schools
personnel placed at the Center shall also be provided by Jeffco Schools.
2. The County. The County shall provide space sufficient for the Center to operate. The details of
the space, including maintenance, repair, utilities, and the Center’s acceptable use of the space
shall be specified in a separate lease agreement between the County and the Center. The County
agrees that it shall give at least 180 days’ notice of termination of the lease.
3. The District Attorney. The District Attorney shall provide liaison staff at the Center, computers
and related hardware and technical support for the liaison staff with secure and controlled access
to juvenile and crime information databases, and office furniture and equipment for those
positions.
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4. Mental Health. Mental Health will provide mental health evaluation services to the Center.
B. FUNDING PRINCIPLES AND REVIEW. It is the intent of the Parties to distribute the funding
contributions of the Center according to a long-term estimate of each Party’s utilization of the Center
as measured by referrals to the Center and/or replacement or enhancement of the Party’s own
provision of services by services provided through the Center. The current funding distribution was
determined by the Utilizations and Contributions Analysis attached hereto as Exhibit A and
incorporated herein. The Board may direct the Center to revise Exhibit A from time to time, but no
less than once every five calendar years. The Board may elect to change the funding contributions
formula in response to a modified Exhibit A.
C. LAW ENFORCEMENT PARTICIPANTS’ FUNDING CONTRIBUTIONS (40%).
1. Law Enforcement Participants shall be defined as the Sheriff, Arvada, Edgewater, Golden,
Lakewood, Westminster, and Wheat Ridge.
2. Law Enforcement Participants shall pay 40% of the Center’s Annual Assessment as defined
under the section of this Agreement titled BUDGET.
3. The annual contributions of each Law Enforcement Participant shall be calculated as follows by
using a formula that is weighted equally between each Law Enforcement Participant’s Youth
population and the average of the Law Enforcement Participant’s usage of the Center for the three
calendar years preceding the date the preliminary budget is approved (the "Three Year Usage
Period").
4. Youth Population Calculation. One-half of the Law Enforcement Participant’s annual
contribution will be determined as follows:
i. Identify the Youth population figure for each Law Enforcement Participant by determining
the number of Youth who reside within the jurisdiction of each Law Enforcement
Participant and who also reside within the First Judicial District of Colorado. The Sheriff ‘s
jurisdiction shall be the unincorporated portion of Jefferson County. The Youth population
figure shall be determined by using the most current population figures available from the
State Demographer on April 1st of each year the budget is prepared.
ii. All of the Law Enforcement Participants’ population numbers will be added together and
each Law Enforcement Participant’s percentage of the total will determine one-half of its
annual contribution.
5. Program Usage. The remaining one-half of the Law Enforcement Participants’ annual
contributions will be determined as follows:
i. The Center shall keep a record of the number of Youth referred or transported to the Center
by each Law Enforcement Participant and its respective municipal court during each
calendar year (the "Law Enforcement Participant’s Usage Number").
ii. All of the Law Enforcement Participant’s Usage Numbers for the Three Year Usage Period
will be added together (the "Three Year Total Usage Number"). Each Law Enforcement
Participant’s percentage of the Three Year Total Usage Number will determine one-half of
its annual contribution.
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D. REMAINING PARTIES’ FUNDING CONTRIBUTIONS (60%). The remaining Parties shall
contribute 60% of the Center’s Annual Assessment according to the following percentages:
1. District Attorney: 21%.
2. Human Services: 15%.
3. Jeffco Schools: 14%.
4. Mental Health: 10%.
V. APPROPRIATION AND PAYMENTS BY PARTIES OR OTHER ENTITIES.
A. APPROPRIATION AND PAYMENT OF FUNDS. The Parties agree to consider for appropriation
the amounts computed as set forth above by the first day of January of the year during which said
monies are to be expended by the Center. The Parties agree to pay said amounts to the Center by
January 31 of the year during which said monies are to be expended by the Center. The Board may
approve a different payment date upon request of a Party received prior to January 31.
B. CONTRIBUTIONS OF NEW PARTIES. The Board may, by written agreement, permit a
municipality within Jefferson County to join this Agreement as a Law Enforcement Participant. Such
an agreement shall become an amendment to this Agreement. Anew municipality’s share of the
Annual Assessment shall be computed, appropriated and paid as set forth herein. Should any such
municipality be partially within and partially without the territorial limits of the First Judicial District,
its population within the First Judicial District shall be added to the total Youth population set forth in
the Youth Population Calculation, above, to compute the pro-rata shares of the Annual Assessment.
Such municipality shall only refer to the Center Youth apprehended within the boundaries of the First
Judicial District, unless otherwise approved by the Board.
A new municipality’s program usage shall be estimated by the Board until the municipality has been
a Law Enforcement Participant for one full calendar year. Once the municipality has been a Law
Enforcement Participant for a full calendar year, the program usage for that calendar year shall be
used to calculate usage for the next budget. The next year, the municipality’s program usage for two
(2) full calendar years shall be used to determine the municipality’s usage for budget purposes.
Thereafter, program usage for the new municipality shall be calculated in accordance with this
Agreement.
C. CONTRIBUTIONS OF NON-PARTIES. The Center shall have the authority to invoice non-parties
for services provided by the Center. Details of such invoices should be included in annual reports to
the Board.
VI. BOARD OF DIRECTORS
A. POWERS. All powers, privileges and duties vested in the Center shall be exercised and performed by
and through its Board of Directors (the “Board”).
B. MEMBERSHIP.
1. Parties. Each Party shall designate and appoint one Director to serve on the Board in accordance
with the following appointment responsibilities. Directors representing Law Enforcement
Participants shall be appointed by their respective chief of police or the Sheriff. The Director
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representing Human Services shall be appointed by the Director of Human Services. The Director
representing Mental Health shall be appointed by the CEO of Mental Health. The District
Attorney shall appoint a Director. The Director representing the County shall be appointed by the
Board of County Commissioners. The Director representing Jeffco Schools shall be appointed by
the Superintendent of Schools.
2. Non-Parties. The Chief Judge of the First Judicial District Court ("the Court"), the Chief
Probation Officer of the First Judicial District, the Public Defender’s Office, and the Director of
the Central Region of the Colorado Division of Youth Corrections may each appoint one Director
to serve on the Board. A representative of the community-at-large shall be appointed by the other
Directors.
3. Required Representatives. As the JSPC, the Board should include at all times, if practicable, a
representative each from Human Services, Jeffco Schools, a local law enforcement agency, the
First Judicial District Probation Department, the division of youth corrections, private citizens,
the District Attorney, the public defender’s office, community mental health, and Jefferson
County municipalities (each a “Required Representative”), as required by § 19-2-211, C.R.S. To
the extent that the designation of any Party to this Agreement as non-voting would remove a
Required Representative from the JSPC, such Party shall retain voting rights with respect to JSPC
matters.
4. Alternates. Each Director’s appointing entity may also appoint an alternate Director to serve in
the place of such entity’s Director in the event such Director is unable to attend a meeting of the
Board. Alternates shall have the same voting rights as Directors.
C. ELECTION OF OFFICERS. At the annual meeting of the Board of Directors, the Board shall elect
from its membership a Chair, a Vice Chair (and Chair pro tem), a Secretary and a Treasurer, who will
assume their office at the annual meeting. These officers shall serve until their successors have been
elected. The officers shall be elected by an affirmative vote of at least a majority of the board of those
present and voting.
D. BYLAWS AND POLICIES AND PROCEDURES. The Board of Directors shall have the power to
promulgate bylaws and policies and procedures which shall establish the organizational rules and
policies and procedures for the management and operation of the Center.
E. CENTER DIRECTOR. The Board shall have the power to hire a director for the Center to carry out
the powers of Center identified herein or otherwise delegated by the Board. The Director shall have
the duties and responsibilities detailed in Exhibit B, attached hereto and incorporated herein.
VII. CAPITAL IMPROVEMENT FUND
The Board may establish a capital improvement fund with surplus revenues generated by operation of the
Center or funds separately budgeted for capital improvement. The uses to which said fund may be put
include, but are not necessarily limited to, maintenance or replacement of capital equipment, procurement
of new capital equipment, and expansion of the Center facilities.
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VIII. OPERATING RESERVE FUND ESTABLISHED
The Board shall establish an operating reserve fund which shall maintain a balance of at least 25% of the
preceding year’s actual expenditures. The money for said fund may be generated from fees from transfers,
investment income, donations, grants and other incidental sources of revenue. Said contingency fund shall
be used to defray the costs of unanticipated operating expenses. The Board shall establish an Operating
Reserve Policy to govern the maintenance, use, and replenishment of the fund.
IX. BUDGET
A. BUDGET PROCESS. Each year, the Center shall prepare a preliminary budget and submit said
budget to the Board. The budget shall contain detailed estimates of the operating costs for the
subsequent year. The budget shall identify the dollar amount of all revenue sources including the
portion of revenue to be assessed to the Parties (the "Annual Assessment"). The preliminary budget
shall be approved by the Board on or before June 1 of each year. The approved preliminary budget
shall be submitted to each Party’s governing body as soon thereafter as possible.
The governing body of each of the Parties may provide comments or concerns on its Annual
Assessment to the Center’s Board on or before September 1 of each year. The Center’s Board may
adjust the budget based on the comments of the Parties.
The final budget shall then be approved by a two-thirds majority of the Board and certified by the
secretary and treasurer of the Board. A final budget shall be submitted to each of the governing
bodies of the Parties no later than December 15th of each year that this Agreement is in effect.
B. CONTRIBUTIONS TO THE BUDGET. The Parties agree to contribute to the budget based upon the
funding contribution formula in this Agreement.
C. MODIFICATIONS TO THE BUDGET. At any time during the year, the Center may submit for
approval proposed budget modifications to the Board and the Parties in accordance with the approval
procedures outlined in this Section IX.
X. FUNDS AND OPERATIONS
A. DESIGNATION OF FUNDS. The various monies paid to the Center by the Parties, and any monies
generated by the Center itself, shall be placed into a designated fund, and any expenses incurred by
reason of operation of the Center shall be paid from said fund.
B. CHOICE OF DEPOSITORY. All monies belonging to the Center or designated for use by the Center
shall be deposited in the name and to the credit of the Center with such depositories as the Center
shall from time to time designate, in compliance with §§ 24-75-601 et seq., C.R.S.
C. DISBURSEMENT OF FUNDS. No disbursements shall be made from the funds of the Center except
by check or electronic transfer drawn on the depositories as designated by the Center.
D. FISCAL RESPONSIBILITY. The Center shall not borrow money nor shall it approve any claims or
incur any obligations for expenditures unless there is sufficient unencumbered cash in the appropriate
fund, credited to the Center, with which to pay the same.
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E. INSURANCE. The Board shall obtain and maintain adequate insurance coverage to protect against
any claims and liabilities which may arise due to the activities conducted by the Center or the Board.
XI. BOOKS AND RECORDS
A. RECORD KEEPING. The Center shall maintain adequate and correct accounts of its funds,
properties, and business transactions, which accounts shall be open to inspection at any reasonable
time by the Parties, their attorneys, or their agents.
B. ANNUAL AUDIT. The Center shall conduct an annual audit within 90 days after the end of the fiscal
year. Such audit shall be conducted by an independent certified public accountant, registered
accountant, or by certified public accountants, or registered accountants licensed to practice in the
State of Colorado. The Center shall tender a copy of said audit to the governing bodies of the
respective Parties.
C. COMPLIANCE WITH LAW. The Center shall comply with all laws governing entities created
pursuant to Part 2 of Article 1 of Title 29, C.R.S. including, but not limited to, the Local Government
Budget Law of Colorado, the Colorado Local Government Audit Law and the Colorado Local
Government Uniform Accounting Law.
XII. REPORTS
A. ANNUAL REPORT. Annually, the Center shall prepare and present to the Board a comprehensive
written annual report of the Center’s activities and finances during the preceding year. The annual
report shall also be produced upon request of any of the Parties’ governing bodies.
B. REPORTS REQUIRED BY LAW, REGULATION OR CONTRACT. The Center shall also prepare
and present such reports as may be required by law, regulation, or contract to any authorized federal,
state, and/or local officials to which such report is required to be made in the course and operation of
the Center.
C. REPORTS REQUESTED BY THE PARTIES. The Center shall also render to the Parties or the
Board, at reasonable intervals, such reports and accountings as the Parties may from time to time
request.
XIII. TERMINATION OF AGREEMENT
A. TERMINATION FOR DEFAULT IN PERFORMANCE. In the event any Party fails to perform any
of its contribution obligations under this Agreement, or to perform any other covenant or undertaking
under this Agreement, the Board shall cause written notice to be given to the governing body of the
Party of the Board’s intention to terminate said Agreement as to such Party in default, unless such
default is cured within 30 days from the date of such notice, or some other resolution is agreed upon
between the Board and the defaulting Party. Upon failure to cure or otherwise resolve said default
within the thirty-day period, the Board may, at its discretion, take any or all of the following actions:
1. Terminate this Agreement with respect to the defaulting Party;
2. Terminate or limit the defaulting Party’s right to use the Center;
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3. Terminate the voting rights of the defaulting Party’s representative on the Board, subject to the
limitations in Section VI.B.3; or
4. Terminate the defaulting Party’s right to locate any of its employees in the Center.
Furthermore, such defaulting Party which is terminated under this section of this Agreement shall
forfeit all right, title, and interest in and to any property of the Center to which it may otherwise be
entitled upon the dissolution of this Agreement. This Section is not intended to limit the right of any
Party to pursue any or all other remedies it may have for breach of this Agreement.
B. TERMINATION BY WRITTEN NOTICE. This Agreement, or any Party’s participation in this
Agreement, may be terminated effective by written notice from the Party to this Agreement at least 90
days prior to January 1st of any given year. Any Party terminating its participation pursuant to this
provision, shall not be entitled to any reimbursement of its annual operating cost contributions
previously paid to the Center.
C. TERMINATION OF PARTY/LOSS OF FUNDS. Upon termination of a Party, whether by default in
performance or by written notice, the remaining Parties may continue to participate in this
Agreement. The Board, upon such termination of a Party, shall act to adjust the budget or Annual
Assessment to accommodate the loss in funds unless the remaining Parties negotiate an amendment to
the Agreement setting forth revised percentages of participation or the Parties agree to terminate the
Agreement.
D. POWERS OF CENTER UPON TERMINATION BY A MAJORITY. Upon termination by mutual
agreement of a majority of the Parties, the powers granted to the Center under this Agreement shall
continue to the extent necessary to make an effective disposition of the property, equipment, and
assets under this Agreement.
E. IN-KIND CONTRIBUTIONS. In the event of a termination of this Agreement with respect to any in-
kind contributor of personal property, whether identified in this Agreement or not, the Center shall
have a minimum of thirty days to relinquish possession of the contributed property. Failure by the
terminated party to remove contributed property after sixty days shall constitute forfeiture of all right,
title, and interest in and to the property. The Center shall have sixty days to vacate any in-kind
contributions of real property in the event of a termination of this Agreement with respect to the
contributing party.
F. TERMINATION FOR CONVERSION TO NONPROFIT ENTITY. The Board may elect to take
such action required to convert the Center to a nonprofit entity. Prior to such action to convert the
Center, the Board shall give each Party no less than six months’ notice of the intended conversion.
Upon receipt of such notice any Party may terminate its participation without penalty, or participate
in an agreement concerning formation of the nonprofit organization. Any Party electing to terminate
shall be entitled to reimbursement of its annual contribution previously paid to the Center prorated
from the effective date of termination through the remainder of the Center’s fiscal year. Prior to any
conversion to a nonprofit entity, the rights of the Parties under this Agreement shall be addressed by
an amendment to this Agreement or by separate agreement executed by all Parties who have not
terminated their participation. No such conversion shall occur without the unanimous consent of all
the Parties who have not terminated their participation.
Page 10 of 27
XIV. MISCELLANEOUS
A. SEVERABILITY. If any provisions of this Agreement or the application thereof to any Party or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of the
Agreement which can be given effect without the invalid provision or application, and to this end, the
provisions of the Agreement are declared to be severable.
B. EXECUTION BY COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be
signed in counterparts, and each counterpart shall be deemed an original, and all the counterparts
taken as a whole shall constitute one and the same instrument. The Parties approve the use of
electronic signatures for execution of this Agreement. All use of electronic signatures shall be
governed by the Uniform Electronic Transactions Act, §§ 24-71.3-101 to 121, C.R.S. The Agreement
shall not be effective until executed by all Parties.
C. NO THIRD PARTY BENEFICIARIES. Except as otherwise stated herein, this Agreement is
intended to describe the rights and responsibilities of and between the Parties and is not intended to,
and shall not be deemed to, confer rights upon any persons or entities not named as Parties or
Sponsors, limit in any way the rights, protections, limitations and immunities provided to the
governmental Parties as set forth in § 24-10-101, et seq. C.R.S., as same may be amended, and other
limited liability statutes for the protection of the Parties, nor limit the powers and responsibilities of
any other entity not a Party hereto. Nothing contained herein shall be deemed to create a partnership
or joint venture between the Parties with respect to the subject matter hereof. The Parties shall be
responsible for their own negligent acts and the conduct of their respective employees without
waiving any protections afforded by the Governmental Immunity Act.
D. OFFICIALS NOT TO BENEFIT. No elected official or employee or independent contractor of any
Party or other entity participating under this Agreement shall be paid or receive, directly or indirectly,
any share or part of this Agreement or any benefit that may arise therefrom, other than wages,
salaries, and other compensation that individuals who perform services for the Center receive in the
normal course of their office, employment, or contract engagement.
E. NONDISCRIMINATORY POLICY. The Center shall make its services, facilities, and programs
available to all persons regardless of, and shall not refuse to hire, discharge, promote or demote, or
discriminate in matters of compensation against any person otherwise qualified solely because of
race, creed, sex, color, national origin or ancestry, religion, disability, age, sexual orientation, gender
identity, veteran or military status, or any other basis prohibited by federal, state or local law.
F. NO GENERAL OBLIGATION INDEBTEDNESS. Because this Agreement will extend beyond the
current fiscal year, the Parties understand and intend that the obligation of the Parties to pay the
Annual Assessment hereunder constitutes a current expense of the Parties payable exclusively from
the Parties’ funds and appropriated each fiscal year of each Party and shall not in any way be
construed to be a multi-fiscal year obligation or other financial obligations within the meaning of
Article X, Section 20 of the Colorado Constitution; a general obligation indebtedness of the Parties
within the meaning of any provision of Article XI of the Colorado Constitution, or any other
constitutional or statutory indebtedness. None of the Parties has pledged the full faith and credit of the
state, or the Parties to the payment of the charges hereunder, and this Agreement shall not directly or
contingently obligate the Parties to apply money from, or levy or pledge any form of taxation to, the
payment of the annual operating costs.
Page 11 of 27
G. WAIVER. This Agreement or any of its provisions shall not be waived except in writing by a Party’s
Board representative. The failure of a Party to enforce any right arising under this Agreement on one
or more occasions will not operate as a waiver of that or any other right on that or any other occasion.
H. SURVIVAL. Notwithstanding anything to the contrary, the Parties understand and agree that all
terms and conditions of this Agreement that require continued performance or compliance beyond the
termination or expiration of this Agreement shall survive such termination or expiration and shall be
enforceable against a Party if such Party fails to perform or comply with such term or condition.
I. PROPER EXECUTION. Each Party represents that all procedures necessary to authorize such Party’s
execution of this Agreement have been performed and that the person signing for such Party has been
authorized to do so.
IN WITNESS WHEREOF, the Parties have executed this Agreement.
[SIGNATURE PAGES FOLLOW]
Page 12 of 27
COUNTY OF JEFFERSON STATE OF COLORADO By: _____________________________ Peter A. Weir, District Attorney STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this ______ day of ____________, 2017, by Peter A. Weir, District Attorney of the District Attorney’s Office for the County of Jefferson, State of
Colorado. __________________________
Notary’s official signature __________________________ Commission expiration date
APPROVED AS TO FORM: _____________________ Joanne Kortendick Assistant County Attorney
Page 13 of 27
COUNTY OF JEFFERSON, STATE OF COLORADO By: Lynn A. Johnson, Executive Director Department of Human Services STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this ______ day of ______________, 20___, by
Lynn A. Johnson as Executive Director of the Department of Human Services, County of Jefferson, State of Colorado.
__________________________ Notary’s official signature __________________________
Commission expiration date APPROVED AS TO FORM: _____________________ Martin Plate Assistant County Attorney
Page 14 of 27
COUNTY OF JEFFERSON, STATE OF COLORADO By: Jeff Shrader, Sheriff STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this ______ day of ______________, 20___, by Jeff Shrader, Sheriff, County of Jefferson, State of Colorado.
__________________________ Notary’s official signature
__________________________ Commission expiration date
APPROVED AS TO FORM: _____________________ Kurtis D. Behn Assistant County Attorney
Page 15 of 27
JEFFERSON COUNTY R-1 SCHOOL DISTRICT:
By: ____________________________ Terry Elliott, Acting Superintendent STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Agreement was acknowledged before me this ______ day of ______________, 20___, by Terry Elliott, Acting Superintendent of Jefferson County R-1 School District. __________________________ Notary’s official signature __________________________
Commission expiration date
ATTEST:
By: _______________________________ Name: ____________________________ Title: _____________________________
Page 16 of 27
JEFFERSON CENTER FOR MENTAL HEALTH
By
Harriet L. Hall, President
STATE OF COLORADO COUNTY OF JEFFERSON
The foregoing Agreement was acknowledged before me this _____ day of ___________________, 20___, by Harriet L. Hall, as President of Jefferson Center for Mental Health.
Notary’s official signature Commission expiration date
Page 17 of 27
CITY OF ARVADA, a Colorado home rule municipal corporation
________________________________ Marc Williams, Mayor
STATE OF COLORADO COUNTY OF JEFFERSON
The foregoing Agreement was acknowledged before me this _____ day of ___________________, 20___, by Marc Williams, Mayor of the City of Arvada.
Notary’s official signature Commission expiration date
ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________
_________________________, City Attorney
Page 18 of 27
CITY OF EDGEWATER, a Colorado municipal corporation
________________________________ Kris Teegardin, Mayor
STATE OF COLORADO COUNTY OF JEFFERSON
The foregoing Agreement was acknowledged before me this _____ day of ___________________, 20___, by Kris Teegardin, Mayor of the City of Edgewater.
Notary’s official signature Commission expiration date
ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________
_________________, City Attorney
Page 19 of 27
CITY OF GOLDEN, a Colorado municipal corporation
________________________________ Marjorie N. Sloan, Mayor
STATE OF COLORADO
COUNTY OF JEFFERSON
The foregoing Agreement was acknowledged before me this _____ day of ___________________, 20___, by Marjorie N. Sloan, Mayor of the City of Golden. Notary’s official signature Commission expiration date
ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________
_________________, City Attorney
Page 20 of 27
CITY OF LAKEWOOD, a Colorado municipal corporation
________________________________ Adam Paul, Mayor
STATE OF COLORADO COUNTY OF JEFFERSON
The foregoing Agreement was acknowledged before me this _____ day of ___________________, 20___, by Adam Paul, Mayor of the City of Lakewood.
Notary’s official signature Commission expiration date
ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________
_________________, City Attorney
Page 21 of 27
CITY OF WESTMINSTER, a Colorado municipal corporation
________________________________ Herb Atchison, Mayor
STATE OF COLORADO COUNTY OF ___________________
The foregoing Agreement was acknowledged before me this _____ day of ___________________, 20___, by Herb Atchison, Mayor of the City of Westminster.
Notary’s official signature Commission expiration date
ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________
_________________, City Attorney
Page 22 of 27
CITY OF WHEAT RIDGE, a Colorado municipal corporation
________________________________ Joyce Jay, Mayor
STATE OF COLORADO COUNTY OF JEFFERSON
The foregoing Agreement was acknowledged before me this _____ day of ___________________, 20___, by Joyce Jay, Mayor of the City of Wheat Ridge.
Notary’s official signature Commission expiration date
ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: By: ___________________________________
_________________, City Attorney
Page 23 of 27
Page 24 of 27
Exhibit A – JCJAC Utilization & Contributions Analysis of 2015 Data
This information below was reviewed with the JSPC Board on June 14, 2016. The board reviewed the information, a motion was made to adopt the budget breakdown as presented in the new IGA, and the motion was seconded. The motion passed. Craig McPherson and Michael Tessean reviewed all cases that went through the JCJAC in 2015. We assigned point values based on the perceived values to all of the agencies. Points and Explanation
- Law Enforcement
o Youth brought to the JCJAC for the following reasons (1.0)
Misdemeanor/felony criminal charge
Petty offenses
Status offenses
Curfew
Possession
o Youth screened and detained (1.0)
- Department of Human Services (CYF)
o Beyond Control of Parent (1.0)
o Runaway (1.0)
o Welfare placement (1.0)
o Self-referral (1.0)
o Referral and Abuse reports (partial credit, 0.5)
- District Attorney
o Low Risk Offender Program (1.0)
o Pre-File Diversion (1.0)
o Fast-Track (partial credit 0.5)
- Jeffco School
o School behaviors/referral (1.0)
o Truancy (1.0)
o Interference with faculty/staff (1.0)
o Threat assessments (1.0)
o Charges on school grounds (1.0)
- Jefferson Center for Mental Health
o Assessment with referral (partial credit, 0.5)
o MAYSI-2 and SUS screens (partial credit, 0.25)
Page 25 of 27
2015 Utilization Breakdown
2017 Budget Breakdown
21%
42%
20%
7%
10%
District Attorney (698.5)
Law Enforcement & Muni (1354)
Children Youth and Families (659)
Jeffco Schools (212)
Mental Health (329.75)
21%
40%
15%
14%
10%
District Attorney
Law Enforcement & Muni
Children Youth and Family
Jeffco Schools
Mental Health - JCMH
Page 26 of 27
Exhibit B – Duties and Responsibilities of Center Director
General Purpose: The JCJAC Executive Director is responsible for the operation of the Jefferson County Juvenile Assessment Center (JCAC or JAC). Part of the obligation of the Executive Director is the implementation and oversight of the 1st Judicial District Senate Bill 94 Plan (SB94), adopted by the Juvenile Services Planning Committee which includes the Senate Bill 2015 programming. JCJAC Duties/Responsibilities: Program Oversight/Management
1. Oversee implementation of policies, procedures, and services to accomplish the mission and goals of the Juvenile Assessment Center. 2. Determine needs and develop systems to accurately collect and compile needed data concerning
youth and families served by the JAC. 3. Determine and secure the most effective tools to use in the assessment functions at the JCJAC. 4. Develop grant application when directed to do so by the JCJAC Board.
5. Develop and implement program evaluation for the JCJAC. 6. Develop information sharing processes to assist member agencies in making informed decisions.
The Budget 1. In collaboration with the fiscal agent, develop the annual budget to be approved by the JCJAC Board. 2. In collaboration with the fiscal agent, develop procedures for review, monitoring and payment of program expenditures.
The JCJAC Board 1. Staff the JCJAC Board, subcommittees and other meetings as required. 2. Other duties assigned/negotiated with the JCJAC Board.
Employee Supervision/Training
1. Oversee hiring/firing of all JCAC staff. 2. Provide direct supervision (or indirect supervision through a designee) to all JCAC staff. 3. In cooperation with fiscal agent, develop staff job descriptions.
4. Provide training opportunities for JCAC staff. 5. Oversee performance evaluation of all JCAC staff.
Page 27 of 27
SB94 Duties/Responsibilities: The Plan 1. Prepare the annual SB94 Juvenile Services Plan and present the annual SB94 Juvenile Service Plan to the Juvenile Services Planning Committee (JSPC) for approval. Submit approved plan to
the Department of Youth Corrections. 2. Oversee the implementation of the Juvenile Services Plan.
Supervise the SB94 services to pre-adjudicated youth detention.
Supervise the SB94 services to sentenced youth place in the community.
Coordinate screening and referral services.
Collaborate with fiscal agent to develop service descriptions and contract provisions for
purchased services.
Monitor and evaluate purchased services.
Conduct quality assurance initiatives to ensure services and programs are meeting SB94 goals. 3. Manage the detention bed utilization in the 1st Judicial District. 4. Ensure the quality of client data entered into the SB94 Colorado TRAILS database. The Budget 1. Provide input to the fiscal agent in preparation of the annual budget to be approved by the JSPC. 2. In collaboration with the fiscal agent, develop procedures for review, monitoring and payment of
program expenditures.
The Juvenile Services Planning Committee (JSPC)
1. Staff the JSPC, subcommittees and other meetings as required. 2. Serve as the JSPC contact person for the Statewide SB94 Advisory Board and the Division of Youth Corrections.
3. Prepare reports utilizing the Colorado TRAILS client database for the JSPC. 4. Other duties assigned/negotiated with the JSPC.
Employee Supervision/Training 1. Oversee hiring/firing of all SB94 staff. 2. Provide direct supervision (or indirect supervision through a designee) to all SB94 staff. 3. In cooperation with fiscal agent, develop staff job descriptions. 4. Provide training opportunities for SB94 staff. 5. Oversee performance evaluation of all SB94 staff.
ITEM NO: DATE: September 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 16-2017 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6025 WEST
40TH AVENUE FROM COMMERCIAL-ONE (C-1) TO
RESIDENTIAL-ONE C (R-1C) (CASE NO. WZ-17-05/SHADOW
HOMES) PUBLIC HEARING ORDINANCES FOR 1ST READING (8/14/2017)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (9/11/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of a zone change from Commercial-One (C-1) to Residential-One C (R-1C) for property located at 6025 W. 40th Avenue. The proposed rezoning area includes two parcels, with a total size of approximately one-third of
an acre. The purpose of the zone change is to bring the property, and its historical use as a residence, into compliance with the zoning regulations. The zone change will also allow for the future construction of an additional home, pending approval of this zone change and an administrative subdivision review.
PRIOR ACTION: Planning Commission heard the request at a public hearing on August 3, 2017, and recommended approval. The staff report and draft meeting minutes from the Planning Commission hearing are attached. FINANCIAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City. Fees of $865.25 were collected for the review and processing of Case No. WZ-17-05.
Council Action Form – Shadow Homes Rezoning
September 11, 2017
Page 2 BACKGROUND: The property is located at 6025 W. 40th Avenue, just west of Harlan Street, in the northeast
quadrant of the City. The property is currently zoned Commercial-One (C-1) which allows a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region.
The primary structure on the property was built in 1942 and has served as a residence as far back
as City records indicate. Many other properties in the area are zoned commercially, but utilized residentially. These properties were built primarily during two time periods: late 1890s thru early 1900s and the early 1950s. Both periods are prior to the incorporation of the City of Wheat Ridge, and one is prior to the adoption of the original zoning code by Jefferson County in 1941. The
inconsistent zoning is also found in the reverse; a commercial use in the same area is zoned
residential, and was constructed in 1943. This pattern demonstrates the disconnect between land use and zoning that has existed in this isolated part of the City for decades. Surrounding Land Uses
The subject property is zoned Commercial-One (C-1), and surrounding properties, have a mix of
commercial and residential zoning, although predominately residential. To the south and east, is a large area of Residential-Three (R-3) zoned properties, consisting of single-family, duplex, and multi-family development. The neighboring property to the east is currently vacant and zoned Residential-One C (R-1C), the same zone district proposed for the subject property. To the west,
the neighboring property is a single family home zoned C-1, and further west is an area of
Residential-Two (R-2) zoned properties. To the north are more C-1 zoned properties, which are largely utilized for single-family, duplex, and multi-family uses. Current and Proposed Zoning
The proposed zone district, R-1C, is a small-lot, single-family residential zone district. Other
limited uses, such as schools, churches, government buildings, and group homes, are permitted with a Special Use Permit but would require a lot size far larger than the subject parcel. The current zoning, C-1, allows for a wide range of commercial uses, such as offices, general business, retail sales, auto service and other service establishments which are oriented towards the
community or entire region.
A zone change from C-1 to R-1C will bring the property into conformance with its historic and continued use as a residential property. It should be noted that in the C-1 zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential
uses may continue, but new residential uses must be accessory to a commercial use.
The rezoning would allow an additional single-family home to be built, if the zone change is approved by City Council and if an administrative subdivision is approved. The zone change will also provide assurances that the property will not be scraped for a commercial use, as is currently
allowed under the C-1 zoning.
Council Action Form – Shadow Homes Rezoning
September 11, 2017
Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 16-2017 an ordinance approving the rezoning of property
located at 6025 West 40th Avenue from Commercial-One (C-1) to Residential-One C (R-1C) on second reading and that it take effect 15 days after final publication for the following reasons: 1. City Council has conducted a property public hearing that meets all public notice
requirements as required by Section 26-109 of the Code of Laws.
2. The requested rezoning was reviewed by the Planning Commission, which has forwarded its recommendation of 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.”
Or, “I move to deny Council Bill No. 16-2017 an ordinance approving the rezoning of property located at 6025 W. 40th Avenue from Commercial-One (C-1) to Residential-One C (R-1C), on
second reading for the following reasons:
1. 2. 3. ”
REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 16-2017 2. Planning Commission staff report with attachments
3. Planning Commission draft hearing minutes
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 16 ORDINANCE NO. _________ Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 6025 WEST 40TH AVENUE FROM COMMERCIAL-ONE (C-1) TO RESIDENTIAL-ONE C (R-1C) (CASE NO. WZ-17-05 / SHADOW HOMES) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Shadow Homes has submitted a land use application for approval of a zone change to the Residential-One C (R-1C) zone district for property located at 6025 West 40th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which supports opportunities for home ownership and encourages investment in established neighborhoods; and,
WHEREAS, the zone change will align the land use and zoning on the property
and prevent commercial uses in an otherwise established residential neighborhood; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on August 3, 2017 and voted to recommend approval of rezoning the property to Residential-One C (R-1C), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Shadow Homes for approval of a zone change ordinance from Commercial-One (C-1) to Residential-One C (R-1C) for property located at 6025 W. 40th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge
City Council, a zone change is approved for the following described land:
Parcel A: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3 South, Range 69, West of the 6th P.M., described as follows:
Beginning at the SE corner of the above tract, thence due North 75 feet; thence
at right angles due West 297 feet; thence at right angles due South 75 feet; thence at right angles due East 297 feet to the true point of beginning; except that portion of the above property described in deed recorded in Book 830 at page 554 in the records of the office of the Clerk and Recorder of Jefferson
County, County of Jefferson, State of Colorado.
Attachment 1
Parcel B:
That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24,
Township 3, Range 69, West of the 6th P.M., described as follows: Beginning at a point on the North line of said tract, 297 feet West of the NE corner of said tract; thence South 180 feet to the True Point of Beginning; thence East 25 feet; thence South 75 feet; thence West 25 feet; thence North 75 feet to the true point
of beginning, County of Jefferson, State of Colorado.
Parcel C: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3, Range 69, West of the 6th P.M., described as follows: described as
follows, to wit: That portion of the Lot five beginning at a point on the North line of
the above described tract, 214 feet West and 180 South of the NE corner of said above described tracts which is the true point of beginning: thence South 75 feet to a point; thence at right angles West 58 feet to a point; thence at right angles North 765 feet to a point; thence at right angles East 58 feet to the true point of
beginning, County of Jefferson, State of Colorado
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this 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 Ordinance Repealed. If any section,
subsection or clause of the 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 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 7 to 0 on
this 14th day of August, 2017, ordered it published with Public Hearing and
consideration on final passage set for Monday, September 11, 2017 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2017.
SIGNED by the Mayor on this _______ day of _______________, 2017. ______________________________________
Joyce Jay, Mayor
ATTEST:
_______________________________________
Janelle Shaver, City Clerk Approved as to Form
_______________________________________ Gerald Dahl, City Attorney 1st publication: August 17, 2017
2nd publication:
Wheat Ridge Transcript: Effective Date:
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: Zack Wallace Mendez
DATE OF MEETING: August 3, 2017 CASE NO. & NAME: WZ-17-05 / Shadow Homes
ACTION REQUESTED: Approval of a zone change from Commercial-One (C-1) to Residential-One C (R-1C) LOCATION OF REQUEST: 6025 W. 40th Avenue
PROPERTY OWNER: Shadow Homes, Inc. APPROXIMATE AREA: 0.322 acres (14,026 square feet)
PRESENT ZONING: Commercial-One (C-1)
COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD:
COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS
ZONING ORDINANCE DIGITAL PRESENTATION VICINITY MAP
Attachment 2
Planning Commission WZ-17-05 / Shadow Homes
2
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
I. REQUEST The owners of 6025 W. 40th Avenue have submitted this application requesting approval of a zone change from Commercial-One (C-1) to Residential-One C (R-1C) on the property. The
zone change is the first step of the process for approval for the property to be utilized for two
single-family homes. The applicant intends to submit a request for a two-lot subdivision on this property. The goal of the zone change is to bring the lot into conformance with its historic use as a residential property, and to allow for the construction of an additional single-family home (Exhibit 1, Applicant Letter). The future subdivision, if approved, will allow for the construction
of an additional single-family home on its own parcel.
The subdivision has not yet been applied for, but does not require any public hearings. The plat would be reviewed by Staff, and would be required to meet the lot width and lot size requirements of the R-1C zone district, if this rezoning ordinance is approved by City Council.
Specific development standards, such as setbacks, lot coverage, and compliance with the bulk
plane standards would be reviewed during the building permit process, during which time the structures would also be reviewed to ensure compliance with the existing building codes.
II. EXISTING CONDITIONS/PROPERTY HISTORY
The subject property is located at 6025 W. 40th Avenue. The property is approximately 0.322 acres in size and located along 40th Avenue just west of Harlan Street (Exhibit 2, Aerial Photo). Currently the property contains one primary residential structure that has a footprint of
approximately 525 square feet, and was originally built in 1942 according to Jefferson County
Assessor Records. There are also two accessory structures present on the property, one is a detached one-car garage, the other a shed. The site is zoned Commercial-One (C-1), and surrounding properties, though predominately
residential have a mix of commercial and residential zoning. To the south and east, is a large area
of Residential-Three (R-3) zoned properties, consisting of single-family, duplex, and multi-family development. The neighboring property to the east is currently vacant and zoned Residential-One C (R-1C). To the west, the neighboring property is a single family home on C-1 zoned land, and further west is an area of Residential-Two zoned properties. To the north are
more C-1 zoned properties which are largely utilized for single-family, duplex, and multi-family
uses (Exhibit 3, Zoning Map). III. PROPOSED ZONING
The applicants are requesting the property be rezoned to Residential-One C (R-1C), a zone district intended to provide high quality, safe, quiet and stable medium-density single-family residential neighborhoods. In addition to small lot single-family homes, the zone district permits
Planning Commission WZ-17-05 / Shadow Homes
3
churches, schools, government buildings, and group homes. Most uses other than single-family
homes require special use permits and/or larger lot sizes.
The property is currently zoned Commercial-One (C-1). This zone district was established to accommodate a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region.
The applicants are requesting the zone change to R-1C so they can bring the property into conformance with its historic use, and to subdivide the property and build an additional single-family home. While many surrounding properties are zoned commercially, they are also used residentially. The R-1C zoning is more in line with the actual development pattern in the
neighborhood. R-1C will restrict the lot to only single-family homes, which will be subject to the
City’s bulk plane standards. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions.
CURRENT ZONING Commercial-One (C-1) PROPOSED ZONING Residential-One C (R-1C)
Uses
Allows a wide range of commercial uses including office, general business, retail sales, and service establishments
Allows for single-family homes. Also allows for churches, schools, and government buildings with special use permits and/or larger lot sizes.
Architectural Standards
Traditional Overlay ASDM standards apply, including high quality architecture: standards related to articulation, variation, materials, transparency
None
Max. Building Height 50’ 35’ plus bulk plane regulations
Max. Lot coverage 80% 40%
Min. Landscaping 20% 25% of lot and 100% of front yard
Build-to Area 0-12’ along front property line None
Setbacks Front
Side Rear
50’ 0’ if nonflammable or 5’ per story 10’ plus 5’ per story
20’
5’ 5’
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The
Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area.
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The change of zone will not result in adverse effects on the surrounding area. The rezoning
would eliminate the possibility of commercial development on the property and limit the
property to a single-family use. Minimum lot sizes in the R-1C zone district limit this parcel to a maximum of 2 potential single-family homes, once a subdivision of the land is complete. The R-1C zoning is expected to add value to the subject property and also to the surrounding
community. A residential designation will support compatibility between future
redevelopment and existing land uses. Staff concludes that this criterion has been met.
2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity.
All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. A building permit will be required for any future construction on the
property, and fire and building codes are required to be met. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists:
a. The change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area.
Envision Wheat Ridge, the City’s comprehensive plan, identifies this area as a Neighborhood (Exhibit 4, Comprehensive Plan Map). This designation identifies areas where people own homes and thrive and where residents of all ages can live safely and
comfortably. Defining characteristics of an established neighborhood in the
comprehensive plan are: consistent character, mature landscaping, high rates of reinvestment and home ownership, consistent maintenance, and high desirability. City goals that are met with the rezoning proposal include encouraging reinvestment in a
property, maintaining consistent character, and creating opportunities for home
ownership. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps.
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Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area.
Staff finds no evidence of significant changes in the area. The zone change request from C-1 to R-1C neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable.
d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request.
V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109.
A meeting for neighborhood input was held on May 30, 2017. Five people from the neighborhood attended the meeting. In general, attendees supported the request. Some concerns were raised and those are expressed in the meeting summary (Exhibit 6, Neighborhood Meeting Notes)
VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow:
Wheat Ridge Public Works Department: No objection. Wheat Ridge Sanitation District: No objection.
West Metro Fire Protection District: No objection.
Xcel Energy: No objection. Century Link: No objection.
Planning Commission WZ-17-05 / Shadow Homes
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VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff
further concludes that utility infrastructure adequately serves the property, and the applicant will
be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a neighborhood commercial corridor.
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of Case No. WZ-17-05. VIII. SUGGESTED MOTIONS
Option A:
“I move to recommend APPROVAL of Case No. WZ-17-05, a request for approval of a zone change from Commercial-One (C-1) to Residential-One C (R-1C) for property located at 6025 W. 40th Avenue, for the following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the
community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of the surrounding area.
4. The zone change will provide additional opportunity for reinvestment in the area.
5. The criteria used to evaluate a zone change support the request.” Option B: “I move to recommend DENIAL of Case No. WZ-17-05, a request for approval of a zone change
from Commercial-One (C-1) to Residential-One C (R-1C) for property located at 6025 W. 40th
Avenue, for the following reasons: 1.
2. …”
Planning Commission WZ-17-05 / Shadow Homes
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[see attached]
EXHIBIT 1: APPLICANT LETTER
Planning Commission WZ-17-05 / Shadow Homes
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Planning Commission WZ-17-05 / Shadow Homes
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EXHIBIT 2: AERIAL
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EXHIBIT 3: ZONING MAP
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EXHIBIT 4: COMPREHENSIVE PLAN
Subject Property
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EXHIBIT 5: SITE PHOTOS
View of the subject property looking northwest from 40th Avenue. The property stretches from the wooden fence in the foreground to the white fence in the background. The existing residential
structure can be seen in the photo.
View of the subject property northeast from 40th Avenue. The existing structure and detached garage can be seen in the photo. The vacant grassy area is part of the subject parcel.
Planning Commission WZ-17-05 / Shadow Homes
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View of the subject property from 40th Avenue. Residential structure is located to the right of the photo, detached garage to the left. The shed is located behind the wall between the house and garage.
View of Harlan Street from 40th Avenue, just east of the subject property. The red brick apartment building, and white home in the background are some of the many residential structures in the area (in
addition to the subject property) that are zoned commercially.
Planning Commission WZ-17-05 / Shadow Homes
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Meeting Date: May 30, 2017
Attending Staff: Zack Wallace Mendez, Planner II
Location of Meeting: Wheat Ridge Municipal Center
Property Address: 6025 W. 40th Avenue
Property Owner(s): Shadow Homes, Inc.
Property Owner(s) Present? Yes
Applicant: Katie Sorensen, President of Shadow Homes
Applicant Present? Yes
Existing Zoning: Commercial-One (C-1)
Existing Comp. Plan: Neighborhood
Existing Site Conditions: The property is located on W. 40th Avenue two lots to the west of Harlan Street. It is currently
zoned Commercial-One (C-1). A small home built in 1952 and a small garage currently exist on the site. The home and garage have a total footprint of 811 square feet, sitting on a 7,797 square foot lot. A vacant parcel behind the main lot adds 6,229 square feet, totaling 14,026 square feet.
The surrounding properties to the west, north, and northeast are also residential in nature despite
being zoned C-1, and range from single-family to multifamily. Properties further to the west on 40th Avenue are zoned Residential-Two (R-2) and the two vacant lots to the east are zoned Residential-One C (R-1C), which allows small-lot single family homes. Properties across 40th Avenue from the site are also zoned R-3, but abut 39th Place, creating a condition where the rear
yards of these homes abut 40th Avenue. One gravel driveway provides access from 40th Avenue;
no curb, gutter, or sidewalk are present along the street frontage. Applicant/Owner Preliminary Proposal: The applicant has proposed a zone change to allow for an additional unit on the site. The
applicant proposed a rezone to either Residential-One C (R-1C) or Residential-Two A (R-2A),
but concluded that R-1C was more appropriate following comments from staff. The applicant favored the option of two single-family homes on the site over adding a duplex.
EXHIBIT 6: NEIGHBORHOOD MEETING
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The applicant is considering preserving the existing home but expanding the garage, and
constructing a new home on the west side of the property. A flag lot was also considered, which
would place the new construction in the rear of the site with a long driveway. The applicant more closely considered the option that would divide the site into two narrow lots, with a new home on the empty west lot. Home construction options in a traditional, farmhouse style were presented.
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, six members of the public were in attendance.
• Staff discussed the site, its current zoning, and the proposed R-1C zone district development standards.
• The applicant and members of the public were informed of the process for the rezoning.
• The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the rezoning request and proposed development:
• Concerns about setbacks and density, especially the potential for slot homes (e.g. up to fourteen residences). The applicant responded that their intention is to keep the existing single family home
and build one additional single family home. Staff also added that the requested R-1C
zoning is a single-family only residential district that requires a minimum of 5,000 square feet of land area. The maximum number of houses that could go on this existing piece of land with the R-1C zoning is two. Additionally the R-1C zone district requires a minimum 5 foot rear and side yard setback, and the bulk plane standards also apply.
• What is the timeline?
If approved, the applicant stated they intend to break ground next spring or summer. This also depends on if they sell off the plans after the rezoning and subdivision.
• So if you sell it, then what you are showing may not be built?
The applicant stated they would get the plans approved through the building department
and sell it that way, so what they are showing as concepts will be very similar to what is built.
Aside from the four neighbors at the meeting, staff received no comment from others in the area
regarding the proposal.
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Planning Commission Minutes - 1 – August 3, 2017
PLANNING COMMISSION Minutes of Meeting August 3, 2017 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Dirk Boden Alan Bucknam Emery Dorsey Janet Leo Scott Ohm Amanda Weaver Vivian Vos Commission Members Absent: Donna Kimsey Staff Members Present: Lauren Mikulak, Planning Manager Zack Wallace Mendez, Planner II Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES – June 15, 2017 It was moved by Commissioner BUCKNAM and seconded by Commissioner LEO to approve the minutes of June 15, 2017, as written. Motion carried 6-0-1 with Commissioner OHM abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Attachment 3 Formatted: Centered
Planning Commission Minutes - 2 – August 3, 2017
No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-17-05: an application filed by Shadow Homes, Inc. for approval of a zone change from Commercial-One (C-1) to Residential-Once C (R-1C) for property located at 6025 West 40th Avenue. Mr. Wallace Mendez gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner DORSEY asked if the developer is going to utilize the existing home or tear it down. Mr. Wallace Mendez state that he believes the existing home will be utilized. Commissioner VOS asked about the 105 feet total width of the minimum landscaping. Of the 100% needing to be landscaped, how deep is that and what kind of landscaping does that include. Mr. Wallace Mendez replied that the first 20 feet needs to be 100% landscaped which is the front yard setback. He also explained there is a requirement for street trees and it is 1 tree for every 70 feet. Ms. Mikulak added that the intent of the regulation is for front yards to be improved and not just dirt. Commissioner VOS also asked where the single family boundary of the property will be. Is there going to be two separate ownerships. Mr. Wallace Mendez explained the owner intends to do a minor lot subdivision if the zone change is approved. Commissioner Weaver asked if the subdivision will be administrative. Mr. Wallace Mendez said that is correct. Commissioner OHM asked about the designation of the red color in Exhibit 4. Mr. Wallace Mendez said the red color represents a main street designation. Ms. Mikulak added he is correct and the dash lines are intended to show corridors that are more commercial in nature.
Planning Commission Minutes - 3 – August 3, 2017
Commissioner OHM also asked about the zoning map in Exhibit 3 and the use of this property being very low in intensity, but the zoning to the south is R-3. What is the maximum amount of density in the zone R-3 and how did you come to putting an R-1C among the higher intensity zone districts. Mr. Wallace Mendez explained that R-1C would allow the owners to keep the existing home and allow them to subdivide to create and additional single-family lot. In addition, there is already an R-1C in the area just to the east. Mr. Wallace Mendez added that bulk plane regulations would apply to R-1C so there will be no towering buildings on these properties. Further, the predominant land use in the area is more in line with an R-1C designation, rather than the R-3 designation in the area. Mr. Wallace Mendez stated many of the R-3 zoned properties are utilized by single family homes and are too small to re-develop into multi-family, additionally, there is also a provision in the code against land banking and then building multi-family residences in the R-3 zone district. Commissioner OHM asked about the applicant considering a flag lot. Mr. Wallace Mendez said that flag lots are allowed, but can be difficult with water and sewer service. The applicant does not prefer a flag lot, but we have not seen a subdivision plan yet. Ms. Mikulak added that the provision in the code states that flag lots are not encouraged, but are permitted when the most appropriate development option shall meet the criteria. Katie Sorenson, Shadow Homes, Applicant 5084 Gladiola Way, Golden 80403 Ms. Sorenson answered a few of the Commissioners previous questions and explained the garage is a far distance from the existing house, but their anticipated subdivision would ensure the setbacks for both lots would be met. Concerning a flag lot, we agreed with Staff, that a flag lot is unnecessary. Once a survey was done she concluded a subdivision can be done to make the lots equal parts. She gave a little history about Shadow Homes and said community is important and they want to support growth and affordability. Commissioner VOS asked about the existing house and if the renters will have to leave. Ms. Sorenson stated the tenants have a lease until July of 2018 and we will decide then on how to move forward, but we do intend to leave the house there and some improvements have already been done. After the lot is subdivided the other half will be sold to a developer that they know very well and does good work and we will carry their vision through.
Planning Commission Minutes - 4 – August 3, 2017
It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to APPROVE Case No. WZ-17-05, a request for approval of a zone change from Commercial-One (C-1) for property located at 6025 S. 40th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of the surrounding area. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Commissioner BUCKNAM added that this is a good first step to do what Shadow Homes envisions. He wants staff to take a broader look at the mix of residential and commercial uses in the area and would like to see the zoning conform to the existing uses as well as to the vision of the Comprehensive Plan. Motion carried 7-0
8. OTHER ITEMS 9. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner LEO to adjourn the meeting at 7:29p.m. Motion carried 7-0. __________________________ _______________________________ Scott Ohm, Chair Tammy Odean, Recording Secretary
ITEM NO: DATE: September 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 31-2017 - A RESOLUTION AMENDING THE
FISCAL YEAR 2017 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $120,000 FOR THE PURPOSE OF REPLACING 30 PEDESTRIAN LIGHTS ON 38TH AVENUE BETWEEN HARLAN STREET AND SHERIDAN BOULEVARD
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________ ______________________________
Public Works Director City Manager ISSUE: In May of 2017, the City of Wheat Ridge experienced an extremely damaging hailstorm that
caused extensive losses to public and private property. The majority of the decorative pedestrian
lights on 38th Avenue between Harlan Street and Sheridan Boulevard were damaged. The lights were installed as part of the 38th Avenue Streetscape project (between Sheridan and Harlan) in 2002.
Of the 72 lighting fixtures on this street segment, 42 were damaged beyond repair and are covered
by the City’s insurance carrier for replacement. The 30 remaining lights are still operable, but the
fixtures are no longer manufactured or available.
PRIOR ACTION: At the August 8, 2017 Study Session, Council discussed options for replacing pedestrian lights on 38th Avenue, including the damaged lights as well as the remaining lights. Because the existing
type of fixture was discontinued several years ago, and in order to maintain consistency and
reliable long-term maintenance, Council directed staff to move forward with replacing all of the
Council Action Form – 38th Avenue Street Light Replacements
Sept 11, 2017
Page 2 lights (72) on this particular segment of 38th Avenue with the City’s standard LED ornamental
fixture.
FINANCIAL IMPACT: Additional funding is needed to cover the cost of the additional lighting fixtures. The estimated cost of the 30 additional light fixtures not covered by insurance is $97,020, based on a quotation
provided by the supplier. This price does not include installation costs. However, Public Works
operations staff has reviewed the installation requirements and has determined that the work can be performed in house. Some hardware for retrofitting at the foundations, along with new banner arm fixtures will also be needed. As a result, staff estimates a total cost of $120,000 to complete the installations.
The Public Works Department does not have funding in reserve to complete this work. As directed by Council on August 7, staff has investigated the use of available urban renewal funds to assist in funding this additional work. The Wheat Ridge Urban Renewal Authority (URA) met on September 5, 2017 and authorized the use of URA funds to cover the $120,000 amount.
Council also inquired whether the operable units could be used elsewhere in the City. Staff has not yet determined any appropriate locations. However, the lights will be salvaged and if not useable elsewhere, will be placed on the City’s annual auction list.
Mountain States Electric currently serves as the sole source provider for the City’s adopted
standard LED pedestrian light fixtures and poles. As part of the City’s review in replacing the lights, Mountain States determined that they can modify the mounting plate of the new pole base to match the existing bolt pattern on the existing caisson (light foundation). As a result, Public Works Operations staff will be able to install the new pedestrian lights and poles, eliminating the
significant cost of out-sourced labor and materials to install these lights.
A standardized approach has historically been implemented by the City in order to maintain manufacturer, equipment and connectivity consistency. The primary benefits of this approach is that inventories are minimized and staff repair times are quicker which is critical in minimizing
unnecessary downtime.
BACKGROUND: The May hailstorm caused extensive damage to public and private property, including the majority of the decorative pedestrian lights on 38th Avenue between Harlan Street and Sheridan
Boulevard.
These particular pedestrian lights are unique in that they include a glass globe fixture not used elsewhere in the City. The manufacturer of this fixture went out of business several years ago, and the repairs and replacements to date have only been possible because additional globes were purchased several years ago and held in reserve. The last of the spare units were used some time
ago, and staff has been unsuccessful in locating a similar fixture that will function on the existing
lighting system, which includes the supporting pole and supporting fixture hardware.
Council Action Form – 38th Avenue Street Light Replacements
Sept 11, 2017
Page 3 Of the total 72 lighting units on this segment of roadway, 42 were damaged and are no longer
operable. The City’s insurance carrier (CIRSA) has authorized replacement of the 42 damaged
fixtures at an estimated cost of $3,234 per fixture, totaling $135,828. The other 30 units were not damaged and therefore are not eligible for reimbursement should the City wish to replace them. The $120,000 amount requested is the cost to replace the remaining fixture units and poles with the City’s standard LED ornamental lighting unit, similar to what is used at Town Center North,
Kipling Ridge, and other locations.
As mentioned, the existing globe fixture is no longer available, and staff investigated other options. Although a similar globe-style fixture (LED) including the pole was found to be available at a significantly higher quoted material price, staff recommended replacement of the damaged lights with the City’s standard ornamental (LED). Not only is this fixture readily
available at a reasonable price, installation of these units would assist in streamlining long-term
maintenance and operations by utilizing a consistent unit. Council concurred, and directed staff to replace the other 30 remaining lights with the City’s standard unit.
RECOMMENDATIONS: Staff recommends approval of a budget amendment to allow for installation of the additional
light fixtures.
RECOMMENDED MOTION: “I move to approve Resolution No. 31-2017, a resolution amending the Fiscal Year 2017 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$120,000 for the purpose of replacing 30 pedestrian lights on 38th Avenue between Harlan Street
and 38th Avenue.” Or,
“I move to deny approval of Resolution No. 31-2017, a resolution amending the Fiscal Year
2017 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $120,000 for the purpose of replacing 30 pedestrian lights on 38th Avenue between Harlan Street and 38th Avenue the following reason(s)_________________________________.”
REPORT PREPARED/REVIEWED BY:
Scott Brink, Public Works Director Greg Knudson, Operations Manager Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 31-2017
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 31
Series of 2017 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2017 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $120,000 FOR THE PURPOSE OF REPLACING 30 PEDESTRIAN LIGHTS ON 38TH AVENUE BETWEEN HARLAN STREET AND SHERIDAN BOULEVARD WHEREAS, the City of Wheat Ridge experienced a severe hail storm in May of
2017, resulting in significant damage to public and private property; and
WHEREAS, a majority of the City’s decorative pedestrian lights along 38th Avenue between Harlan Street and Sheridan Boulevard incurred significant damage and are no longer operable; and
WHEREAS, said damaged lights are eligible for replacement and are covered by the City’s insurance; and WHEREAS, said replacement of the damaged lights with the same (existing)
light fixture is not possible as the fixture is no longer available; and
WHEREAS, the City desires to replace all light units (covered and not covered by insurance) with the same available fixture to maintain consistency and streamline long-term operation and maintenance costs; and
WHEREAS, the City desires to replace all light units with the City’s adopted standard fixture; and WHEREAS, additional funding in the amount of $120,000 is needed along with
the available insurance monies in order to replace all of the lighting fixtures; and
WHEREAS, the City of Wheat Ridge Urban Renewal Authority (URA) has authorized releasing $120,000 of URA funds to cover the additional cost of replacing all of the lighting fixtures; 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:
A transfer of $120,000 is hereby approved from the General Fund undesignated reserves to account #01-303-700-761 and the 2017 revenues are amended accordingly.
Attachment 1
DONE AND RESOLVED this 11th day of September, 2017.
______________________________ Joyce Jay, Mayor ATTEST:
______________________________ Janelle Shaver, City Clerk
ITEM NO: DATE: September 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 32-2017 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF WHEAT RIDGE AND THE CITY AND COUNTY OF DENVER CONCERNING ADDITIONAL CONSTRUCTION COSTS FOR EXTENDING DENVER WATER DEPARTMENT CONDUIT WORK IN AN AMOUNT NOT-TO-EXCEED $557,335.63
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO ______________________________ ______________________________
Director of Public Works City Manager
ISSUE: As part of the Clear Creek Crossing project, the City has been working with the property owner and CDOT to design and attain approvals for construction of the I-70 hook-ramps needed to
accommodate the development. An additional variable that has required extensive coordination
among all parties has been Denver Water’s plans to replace a large diameter water distribution main (identified as conduit 16), running between Ralston Reservoir and the Moffat Treatment Plant in Lakewood. The main runs across the site in a diagonal (southeasterly) direction from the northwest corner of the property before crossing beneath I-70.
The construction of the hook ramps and a portion of Denver Water’s work are scheduled to occur at the same time and at the same location. Council discussed this issue on May 8, and as a result, authorized entering into an Intergovernmental Agreement (IGA) that provided a means for re-designing Denver Water’s work to avoid conflicts and allow both activities to proceed
simultaneously.
Since that time, Denver Water has completed a re-design of the work and an estimated cost, which essentially provides for extending the tunneling potion under I-70 further west to avoid
Council Action Form – Denver Water IGA
September 11, 2017
Page 2 conflicts with the hook ramp construction. This extension results in additional construction cost
that requires an IGA in order for construction to proceed. A copy of the proposed IGA and
supporting information (re-design and estimated cost) is attached. PRIOR ACTION: The City Council approved an IGA with Denver Water on May 8, 2017, to provide for
professional services to re-design the tunneling (bore-bit) location. The re-design was necessary
to provide separation of the construction areas of Denver Water’s tunneling work and the hook-ramp construction so that both projects can be constructed simultaneously. FINANCIAL IMPACT: All of the tunneling work as described is located within Denver Water’s utility easement. As
such, the added cost to extend the tunneling work must be assumed by the property owner/developer and/or the City. The attached IGA has been developed by Denver Water and reviewed by the City Attorney. The
IGA provides for the additional construction cost to extend the tunneling portion of the water
main work, estimated at $557,335.63. Because of the tunneling extension into an area with expected high groundwater levels, a very significant portion of this estimated cost includes provisions for dewatering work. However, the
total extent and amount of time required for the dewatering effort is difficult to know at this time.
As a result, the City will only be responsible for the actual amount of dewatering required and will be billed on a time and material basis. In addition, it has been determined that the tunneling extension cost can be funded by use of 2E designated funds.
BACKGROUND:
Denver Water will be replacing a large diameter water distribution main (identified as conduit 16) that runs between Ralston Reservoir and the Moffat Treatment Plant in Lakewood. As part of Denver Water’s project, a new conduit will be tunneled or “bored” from the Clear Creek Crossing property, under I-70 and the Applewood Shopping Center before daylighting on the
east edge of the Applewood property. This tunneling operation requires a “bore-pit” or
excavation point on the west side of I-70 where the operation must stage. The issue at hand is that this excavation (and accompanying construction of a concrete vault) is at the same location as the proposed hook-ramps. While this matter by itself is not necessarily an issue, the critical matter for all parties is that both Denver Water’s work and the critical path of the hook ramp
work are scheduled during the same time period.
Both Denver Water and the developer anticipate commencing work on their respective work tasks (the tunneling and the hook ramps) later this fall and early winter. For the overall development/construction of Clear Creek Crossing, the hook-ramps must be completed first
before much of the other site work can commence.
Council Action Form – Denver Water IGA
September 11, 2017
Page 3 Denver Water’s activity is anticipated to last several months, and waiting for completion of their
work could severely delay and negatively impact the Clear Creek Crossing project. As a result
of discussion between all parties, moving Denver Water’s bore pit excavation about 100 feet to the northwest has been proposed as an alternative solution. This would extend the length of Denver Water’s tunneling operation, but would move their work activity out of the hook-ramp area, allowing both Denver Water and the developer to engage in their respective work activities
at the same time.
RECOMMENDATION: Staff recommends approving the attached resolution authorizing approval of an IGA with the City and County of Denver, and the associated costs, to extend Denver Water Department
conduit work.
RECOMMENDED MOTION: “I move to approve Resolution No. 32-2017 - a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the City and County of Denver concerning
additional construction costs for extending Denver Water Department conduit work in an amount
not-to-exceed $557,335.63.” Or,
“I move to postpone indefinitely Resolution No. 32-2017 - a resolution approving an
Intergovernmental Agreement between the City of Wheat Ridge and the City and County of Denver concerning additional construction costs for extending Denver Water Department conduit work in an amount not-to-exceed $557,335.63 for the following reason(s) ___________________________________.”
REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 32-2017 2. Intergovernmental Agreement 3. Denver Water Draft Diagram
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32
Series of 2017
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY AND COUNTY OF DENVER CONCERNING ADDITIONAL CONSTRUCTION COSTS FOR EXTENDING DENVER WATER DEPARTMENT CONDUIT WORK IN AN
AMOUNT NOT-TO-EXCEED $557,335.63
WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and Denver, Colorado are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to
undertake; and
WHEREAS, Denver has completed design and awarded a contract for the extension of a water supply conduit underneath Interstate 70; and
WHEREAS, Wheat Ridge wishes to assist with modifications to the design and construction in order to permit efficient scheduling of the construction of hook ramps for
the I-70-Youngfield interchange, in order to facilitate development of certain property in Wheat Ridge;
WHEREAS, the City Council desires to approve the terms of an agreement with Denver under which Wheat Ridge may assist in modifying the water supply conduit construction as necessary that will also permit timely construction of the hook ramps.
WHEREAS, in accordance with Section 14.2 of the City’s Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The Intergovernmental Agreement by and between the City and County of Denver and the City of Wheat Ridge concerning additional construction costs for
extending Denver Water Department conduit work, attached to this Resolution and incorporated herein by reference, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same.
DONE AND RESOLVED this _____ day of ____________, 2017.
Joyce Jay, Mayor ATTEST:
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Janelle Shaver, City Clerk Attachment 1
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INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into between the City and County of Denver, acting by and through its Board of Water Commissioners (“Board”), a municipal corporation of the State of Colorado, and the City of Wheat Ridge (“City”), a municipal corporation of the State of Colorado.
RECITALS
1. The City is planning to contract for work related to the Interstate 70 Hook Ramps,which will include extension of the Board’s Conduit 16 I-70 Tunnel in a way that would accommodate the construction of the City’s Hook Ramps. The City’s project requires construction services for the aforementioned tunnel extension (the “Work”).
2.The City and the Board would like the Board’s construction contractor for its
currently active Conduit 16 Tunnels with Open Cut Segments project (“Consultant”) to complete the Work. The total estimated cost for the Work is FIVE HUNDRED FIFTY-SEVEN THOUSAND THREE HUNDRED THIRTY FIVE AND 63/100 DOLLARS ($557,335.63) as shown on Exhibit A attached hereto and incorporated herein by this reference.
3.In accordance with the Colorado Constitution and the Charter of the City and
County of Denver, the City and the Board are authorized to enter into agreements of this nature.
NOW, THEREFORE, the Board and the City agree as follows:
1.COORDINATION AND LIAISON.
A.The Board’s Director of Engineering is the Board’s authorized representative
for purposes of performing the Board’s obligations under this Agreement. The Board may change
its authorized representatives at any time by providing written notice to the City of such change.
2.THE WORK.
A.Subject to the terms and conditions of this agreement, the Board’sContractor will provide construction services for the Work as shown on Exhibit B attached hereto
and incorporated herein by this reference.
3.DESIGN.
A.Board Responsibilities
(1)As requested by the City, Board representatives shall attend anyproject progress meetings scheduled by the City and attend regularly scheduled
construction progress meetings to address issues related to the work.
(2)The Board will contract with its Contractor to perform the Work.
4.REIMBURSEMENT.
A.The City agrees to reimburse the Board for actual costs associated with theWork in the amount of FIVE HUNDRED FIFTY-SEVEN THOUSAND THREE HUNDRED
THIRTY FIVE AND 63/100 DOLLARS ($557,335.63).
Attachment 2
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B. In the event the Board determines that the cost of the Work will exceed
the preceding cost estimate, the Board shall provide notice to the City and shall have no
obligation to proceed further with the Work until the parties amend this Agreement to fund any additional costs of the Work.
C. The dewatering scope of work for the tunnel shaft will be tracked on a Time and Materials basis and billed monthly. In the event that the final cost of the dewatering is less than or more than the stated amount in Exhibit A, an amendment to this
agreement will be executed.
D. The Board shall invoice the City monthly until completion of the Work. The monthly invoice shall include a detailed accounting of the actual cost expended for the Work by the Board. The City shall review the invoice and, unless the City disputes the invoice or the Work
as completed, shall pay the monthly invoice in payment within thirty (30) days of the receipt of
the invoice.
5. RECORDS AND AUDITS. The Board shall at all times maintain a system of accounting records in accordance with its normal procedures, together with supporting documentation for all Work under this Agreement, which shall be made available for audit and
reproduction by the City at the City’s request. The parties agree that, for a period of at least three
(3) years from the final scheduled payment under this Agreement, any duly authorized representative of the City or the Board, including the City Auditor or the City Auditor’s designee, shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the parties involving the transactions and other activities related to this Agreement.
6. BEST EFFORTS. The City and the Board agree to work diligently together, and
in good faith, using their best efforts to resolve any unforeseen issues and disputes regarding the design, construction, completion, and acceptance of the Work.
7. OWNERSHIP AND MAINTENANCE. The Board shall own the completed Work.
8. LIABILITY. Each party shall be liable for the errors and omissions of its agents
and employees to the extent provided by the Colorado Governmental Immunity Act. This obligation shall survive termination of the Agreement.
9. NOTICES. All notices required or given under this Agreement shall be in writing and shall be deemed effective: (a) when delivered personally to the other party; or (b) seven days
after posting in the United States mail, first-class postage prepaid, and properly addressed as
follows; or (c) when sent by email transmission and the receipt is confirmed by return email transmission.
If sent to the City: Scott Brink, City of Wheat Ridge Director of Public Works, 7500W. 29th Avenue, Wheat Ridge, Co 80033-8001; sbrink@ci.wheatridge.co.us_
If sent to the Board: Ryan Haas, Construction Project Manager, Denver Water,
1600 West 12th Avenue, Denver Colorado 80204; ryan.haas@denverwater.org or such other persons or addresses as the parties may have designed in writing.
10. NO DISCRIMINATION IN EMPLOYMENT. In connection with the performance of work under this Agreement, the parties agree not to refuse to hire, discharge,
promote or demote, or to discriminate in matters of compensation against any person otherwise
qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual
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orientation, marital status, or physical or mental disability. The parties further agree to insert the
foregoing or a similar provision in all contracts entered into in furtherance of this Agreement.
11. CONFLICT OF INTEREST. The parties agree that no official, officer, or employee of the City or of the Board shall have any personal or beneficial interest whatsoever in the Work, related services, or property described herein.
12. SUBJECT TO LOCAL LAWS; VENUE. Each and every term, provision, or
condition herein is subject to and shall be construed in accordance with the provisions of Colorado
law, the Charter of the City and County of Denver, and the applicable ordinances, regulations, executive orders, or fiscal rules, enacted or promulgated pursuant thereto. The Charter and Revised Municipal Code of the City and County of Denver, as the same may be amended from time to time, are hereby expressly incorporated into this Agreement as if fully set out herein by this
reference. Venue for any legal action relating to this Agreement shall lie in the District Court in
and for the City and County of Denver, Colorado.
13. GOVERNMENTAL IMMUNITY ACT. The parties understand and agree that the parties are relying upon and have not waived the monetary limitations and all other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101, et seq., as it may be amended from time to time.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Board and the City as to the subject matter hereof, and it replaces all prior written or oral agreements and understandings.
15. NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement shall be strictly
reserved to the City and the Board; nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or third party.
16. EXECUTION OF AGREEMENT. This Agreement is expressly subject to, and shall not be or become effective or binding on the City and the Board until fully executed by all
signatories of the Board and the City.
17. EFFECTIVE DATE AND TERMINATION. This Agreement shall become effective as of the date set out on the first page hereof, upon execution by both parties. This Agreement shall expire, unless earlier terminated or otherwise stated herein, upon completion of the Work. Either party may terminate the Agreement on thirty days’ written notice for cause in the
event the other party fails to comply with any term or condition contained herein.
18. ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS. The Board consents to the use of electronic signatures by the City. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by the City and the Board. The parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in
electronic form or because an electronic record was used in its formation. The parties agree not to
object to the admissibility of the Agreement in the form of an electronic record, a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature on the grounds that it is an electronic record, an electronic signature, that it is not in its original form, or is not an original.
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ITEM NO: DATE: September 11, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO RATIFY THE MAYORAL APPOINTMENT OF KEVIN HOOD TO THE VACANT DISTRICT IV SEAT ON THE WHEAT RIDGE URBAN RENEWAL AUTHORITY dba RENEWAL WHEAT RIDGE, TERM TO EXPIRE NOVEMBER 30, 2021
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager
ISSUE: After Kelly Brooks resignation, his vacancy was advertised in the Wheat Ridge Transcript, Channel 8, City Website and through other printed and electronic media types. Three citizens have applied for the vacant District IV seat on the Wheat Ridge Urban Renewal Authority dba Renewal
Wheat Ridge, term to expire November 30, 2021. After speaking with all of the applicants, Mayor Jay has appointed Kevin Hood to the seat. FINANCIAL IMPACT: None
BACKGROUND: Members of Renewal Wheat Ridge are appointed by the Mayor and ratified by City Council. The applicants are:
• Kevin Hood, 3850 Garland Street, District IV
• Greg Miller, 3780 Tabor Ct., District III
• Allison Nold, 4080 Denver Street, District II
Council Action Form – RWR Appointment
September 11, 2017
Page 2 RECOMMENDATIONS: Mayor Jay is recommending that Kevin Hood be appointed to the Wheat Ridge Urban Renewal
Authority dba Renewal Wheat Ridge representing District IV, term to expire November 30, 2021. RECOMMENDED MOTIONS: “I move to ratify the Mayoral appointment of Kevin Hood to District IV of the Wheat Ridge
Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2021.” Or
“I move to postpone indefinitely the Mayoral appointment of Kevin Hood to District IV of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2021 for the following reason(s) _____________________.”
REPORT PREPARED/REVIEWED BY: Robin Eaton Deputy City Clerk Patrick Goff, City Manager
ATTACHMENTS:
1. Kevin Hood, Application for Appointment 2. Greg Miller, Application for Appointment 3. Allison Nold, Application for Appointment
. " ·ro . . Cely of WlieatRJege
REGt=r tr::. D - ..... � .,J :_._ { Board and Commission Applieationzn11 AUG , , p q: 24
APPLIC�ATH), FOR APPOI.NT.MENT TO TU -t
Renewal Wheat Rirlgt! -Urbran RmBWat Au'lhority
(Eloard/C��ktnl<:o:mndUet�·
DATE: 811.1117 DISTRICT: 4
HOW LONU .tJA\tE 'Un BERN A R.ESUlIN1" OF \VIIEA1' R.IDC;,,ti;'! 16 years
AU \'(IU A REOIST!ERED \'OTER? Yes
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DO V()lJ HAVE EXlP1ERf£NCE IN l"fHS AU.A·! 'fQ. � fl8!'VM cin 1he tocatw,xi;;a Real Eatate Canvntl!&a
HAVE ·,·ou EVER S.ERVi:-D,. O· ARE \''UU CIIRREl\"'ft. V OiN' ABOARD/COMI\USSIONK:'OMI\UTIEE ANO Ul SU"' WtUCH ONE? UlJW WNO?
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Attachment 1
� '4 ... "' City of _P"WheatRL_dge or:r,:of' I ::r•· r\ .... ,t' J .. "'3l"T..�J zun AUG 1joar-0.iand Commission Application
APPLICATION FOR APPOINTMENT TO THE:
Renewal Wheat Ridge Board
(Board/Commission/Committee)
DATE: 08/18/2017 DISTRICT: Ill
HOW LONG HA VE YOU BEEN A RESIDENT OF WHEAT RIDGE? 11 Years
ARE YOU A REGISTERED VOTER? Yes
WHY ARE YOU SEEKING THIS APPOINTMENT?
I want to make a difference in my community. I want to help Wheat Ridge make sound financial decisions, and invest in businesses that will attract new citizens to live and work ... ___ a DO YOU HA VE EXPERIENCE IN THIS AREA?
Yes, I am very involved in residential real estate transactions, and finance.
HA VE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO; WHICH ONE? HOW LONG?
I was a Vestry member and Junior Warden at St John Chrysostom Church in Golden, CO for 7 years. The Vestry handles the financial decisions of the church.
ARE THERE ANY CONFLICTS WIDCH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?
Nothing I can see now, would impede my attendance.
PRINT NAME
Greg Miller
ADDRESS
3780 Tabor Ct Wheat Ridge, CO 80033
HOME PHONE 3035011526 BUSINESS PHONE 3034308305
E-MAIL ADDRESS greg60622@yahoo.com
-Checking here completes your application, constitutes your signature andaffirmation that the statements made are true.
APPLICATION WILL BE KEPT ON FILE FOR ONE YEARCity Clerk's Office, 7500 W. 29th Ave., Wheat Ridge CO 80033
Attachment 2
.. '# ,., . City of =rWheatRigge
RE�1,:l ED Board and Commission Applic1t��Jzlzw A 0; 2s
APPLICATION FOR APPOINTMENT TO THE:
Renewal Wheat Ridge Board
(Board/Commission/Committee)
DATE: 08/23/2017 DISTRICT: II
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? 6 years
ARE YOU A REGISTERED VOTER? Yes
WHY ARE YOU SEEKING Tms APPOINTMENT?
I am invested in the Wheat Ridge community as a homeowner and would like to see continued development and improvement for the city. I am a young professional seeking to provide fresh and creative ideas and concepts to this board.
DO YOU HA VE EXPERIENCE IN THIS AREA?
I have no experience in city development or construction. However, I am a Project Manager in midstream oil and gas and have worked on development and management of projects ranging from $50,000 to $35,000,000. This includes strategy and planning for new projects.
HA VE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG?
I am not currently nor have I been involved in a board/commission or committee for the City of Wheat Ridge. I am familiar with parliamentary procedure having served as President and various other positions for Sigma Kappa Sorority at Colorado School of Mines in Golden, CO.
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?
I am available to attend all meetings at 6pm unless I am out of town for work. I travel about once a month and can attempt to travel on weeks without meetings when possible. I also have a flexible work schedule should there be a need during normal work hours.
PRINT NAME
Allison Nold
ADDRESS
4080 Dover Street, Wheat Ridge, CO 80033
HOME PHONE 12os1ono3 BUSINESS PHONE 3036281428
E-MAIL ADDRESS alli.nold@gmail.comIll Checking here completes your application, constitutes your signature andaffirmation that the statements made are true.
APPLICATION WILL BE KEPT ON FILE FOR ONE YEARCity Clerk's Office, 7500 W. 29th Ave., Wheat Ridge CO 80033
Attachment 3