HomeMy WebLinkAboutCouncil Agenda Packet 08-13-18
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 13, 2018 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 Minutes of July 23, 2018 and Study Session Notes of July 16, 2018 PROCLAMATIONS AND CEREMONIES
CCCMA Trailblazer Award – Heather Geyer
• Second Public Input Opportunity for the 2019 Budget
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 an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC
HEARING ROSTER before the item is called to be heard.
d. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER.
APPROVAL OF AGENDA
CITY COUNCIL AGENDA: August 13, 2018 Page -2-
1. CONSENT AGENDA a. Motion to approve payment to Kaiser Permanente for August 2018 Membership Billing in the amount of $191,451.47 and September Membership Billing in the
amount of $202,189.30
b. Resolution 42-2018 – approving a Memorandum of Understanding between the Wheat Ridge Police Department , the Golden Police Department, and the 1st Judicial District Attorney’s Office, for the establishment of a Body-Worn Camera Program
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 22-2018 – creating a new Section 26-643 of the Wheat Ridge Code of Laws prohibiting the use of Freestanding Emergency Room Facilities
3. Council Bill 19-2018 – approving the rezoning of property located at 4288 Youngfield
Street from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (NU-N) (Case No. WZ-18-12/Copper Forest) 4. Council Bill 20-2018 – approving the rezoning of property located at 6701 West 44th
Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (NU-N) (Case No.
WZ-18-14/Potrykus) 5. Council Bill 21-2018 – adopting a new Section 2-9 of the Wheat Ridge Code of Laws concerning the Retention of Interest Earned on Escrow Accounts held by the City
ORDINANCES ON FIRST READING 6. Council Bill 23-2018 – vacating any interest held by the City of Wheat Ridge in a portion of Miller Street, a Public Roadway, adjacent to 5185 Miller Street (Case No. WV-18-
01/Roush Industries) 7. Council Bill 24-2018 – extinguishing any rights or interest held by the City in a Slope Easement PE-55A associated with Taft Court, a Public Roadway
8. Council Bill 25-2018 – vacating any interest held by the City in a portion of Ridge Road,
a Public Roadway DECISIONS, RESOLUTIONS AND MOTIONS
9. Resolution 48-2018 – approving the Consolidated Service Plan for the Yarrow Gardens
Metropolitan District 10. Resolution 49-2018 – giving notice of and calling for a Special Municipal Election to be held November 6, 2018 and submitting a Ballot Question authorizing the City to provide
High Speed Internet Services
CITY COUNCIL AGENDA: August 13, 2018 Page -3-
DECISIONS, RESOLUTIONS AND MOTIONS cont. 11. Resolution 50-2018 – giving notice of and calling for a Special Municipal Election to be held November 6, 2018 and submitting a Ballot Question authorizing the City to retain
revenues in connection with 2016 Ballot Question 2E CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: SECOND OPPORTUNITY FOR PUBLIC INPUT ON THE 2019 BUDGET
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ _______________________________
Administrative Services Director City Manager
ISSUE: The process for the development of the 2019 budget is underway. An important phase of this
process is offering the public opportunities to provide input to City Council prior to the presentation of the 2019 proposed budget. This public input opportunity at this meeting is the second of two; the first opportunity for public input was held during the regular City Council meeting on Monday, July 9, 2018. Members of the public will also have the opportunity to provide input on the proposed budget at the public hearing. The proposed 2019 Budget is
schedule for public hearing and adoption on Monday, October 8, 2018.
PRIOR ACTION: No prior action was necessary on this item.
FINANCIAL IMPACT: There is no financial impact on this item. BACKGROUND: Each year, the City invites the public to provide input on the budget prior to the budget being
presented to City Council. This community engagement practice is in line with best practices used by local governments across the country and endorsed by the Government Finance
Second Public Input Opportunity on the 2019 Budget
August 13, 2018
Page 2 Officers’ Association (GFOA). Staff includes a summary of all feedback received from these
public input meetings in the presentation of the proposed budget to City Council.
The 2019 Budget is scheduled to be presented to the Mayor and City Council on Monday, September 17, 2018. Following review and direction from City Council, the public hearing and adoption of the proposed 2019 Budget is scheduled for Monday, October 8, 2018. The proposed
budget will be available online on the City website prior to the September 17th meeting. A copy
of the proposed budget will also be available in the City Clerk’s Office for review. The public is invited to provide input on the proposed 2019 Budget at the September 17th and October 8th meetings.
RECOMMENDATIONS:
No recommendation on this item is necessary. RECOMMENDED MOTION: No formal action by City Council is necessary at this time.
REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager
ITEM NO: DATE: August 13, 2018
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO KAISER PERMANENTE FOR AUGUST 2018 MEMBERSHIP BILLING IN THE AMOUNT OF $191,451.47 AND SEPTEMBER MEMBERSHIP BILLING IN THE AMOUNT OF $202,189.30
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager ISSUE: For 2018, the City offers employees two medical plans through Kaiser Permanente; a High Deductible plan and Deductible HMO Plan. Both plans are also offered as COBRA protection for former employees who choose to enroll. August billing is in the amount of $191,451.47 and September billing is in the amount of $202,189.30 which requires City Council approval.
PRIOR ACTION: Approval of August 2018 and September 2018 Kaiser bills.
FINANCIAL IMPACT:
While monthly costs vary depending on the number of employees and dependents enrolled, for 2018 these costs will average around $195,000 per month. The August and September 2018 bills are for active and COBRA membership billing. Monthly bills over $75,000 will be brought to City Council for approval.
BACKGROUND: Kaiser Permanente has been the City of Wheat Ridge’s medical plan provider for several years. Based on the City’s shift to two deductible plans and a robust wellness program, Kaiser plan
Council Action Form – Kaiser August and September 2018 Billing
Page 2
renewals have been minimal compared to the market the past two years. RECOMMENDATIONS: It is our recommendation to pay the August and September 2018 Kaiser bills.
RECOMMENDED MOTION: “I move to pay the August 2018 Kaiser bill in the total amount of $191,451.47 and September 2018 Kaiser bill in the total amount of $202,189.30.”
Or, “I move to deny the payment of the August 2018 Kaiser bill in the amount of $191,451.47 and September 2018 Kaiser bill in the amount of $202,189.30 for the following reason(s)
_______________________________________________.”
REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager
ATTACHMENTS: 1. 2018 August Kaiser Bill 2. 2018 September Kaiser Bill
ATTACHMENT 1
Kaiser PermanenteMembership AdministrationP.O. Box 203009Denver, CO 80220-9009
CITY OF WHEAT RIDGE
CITY OF WHEAT RIDGE ACTIVES
ATTN: CHRISTINE JONES
7500 W 29TH AVE
WHEAT RIDGE, CO 80033-8001
GROUP-BILLGROUP-REGION: 00181-01-16
Invoice Creation Date: August 02, 2018
Bill Period Dates: 09/01/2018-09/30/2018
Invoice Number: 0021616670
Bill Date: 08/02/2018
Amount Due: $404,923.69
PLEASE PAY BY: 08/31/2018
Please send payments only to the following address:Kaiser PermanenteMembership AdministrationKaiser PermanentePO BOX 711697Denver, CO 80271-1697For Billing Inquiry:TABITHA MARIE LEE - CSCCPhone: 866-868-7220Please mail all membership changes to:Kaiser PermanenteMembership AdministrationP.O. Box 203009Denver, CO 80220-9009Or, send membership changes to either:Fax: 866-311-5974Email: csc-den-roc-group@kp.orgDid you know you could process your membership changes online at kaiserpermanente.org?(RETURN THIS PORTION WITH YOUR PAYMENT)GROUP-BILLGROUP-REGION: 00181-01-16CITY OF WHEAT RIDGEATTN: CHRISTINE JONES7500 W 29TH AVEWHEAT RIDGE, CO80033-8001 Invoice Number:0021616670Bill Period Date:09/01/2018
Please pay this amount:$404,923.69
Payment must be received by:08/31/2018
Amount Paid:
Provide Billing Unit number(s) on check and make it payable to:Kaiser PermanentePO BOX 711697Denver, CO 80271-1697160018100000100000000000216166700901201808181000000040492369000000000000007Please send payments only to the following address:
Kaiser Permanente
Membership Administration
Kaiser Permanente
PO BOX 711697
Denver, CO 80271-1697
For Billing Inquiry:
TABITHA MARIE LEE - CSCC
Phone: 866-868-7220
Please mail all membership changes to:
Kaiser Permanente
Membership Administration
P.O. Box 203009
Denver, CO 80220-9009
Or, send membership changes to either:
Fax: 866-311-5974
Email: csc-den-roc-group@kp.org
Did you know you could process your membership changes online at kaiserpermanente.org?
(RETURN THIS PORTION WITH YOUR PAYMENT)GROUP-BILLGROUP-REGION: 00181-01-16
CITY OF WHEAT RIDGE
ATTN: CHRISTINE JONES
7500 W 29TH AVE
WHEAT RIDGE, CO 80033-8001
Invoice Number:0021616670
Bill Period Date:09/01/2018
Please pay this amount:$404,923.69
Payment must be received by:08/31/2018
Amount Paid:
Provide Billing Unit number(s) on check and make it payable to:
Kaiser Permanente
PO BOX 711697
Denver, CO 80271-1697
160018100000100000000000216166700901201808181000000040492369000000000000007
$198060.42
ATTACHMENT 2
Kaiser PermanenteMembership AdministrationP.O. Box 203009Denver, CO 80220-9009
CITY OF WHEAT RIDGE
CITY OF WHEAT RIDGE - COBRA
ATTN: CHRISTINE JONES
7500 W 29TH AVE
WHEAT RIDGE, CO 80033-8001
GROUP-BILLGROUP-REGION: 00181-02-16
Invoice Creation Date: August 02, 2018
Bill Period Dates: 09/01/2018-09/30/2018
Invoice Number: 0021616671
Bill Date: 08/02/2018
Amount Due: $10,489.56
PLEASE PAY BY: 08/31/2018
Please send payments only to the following address:Kaiser PermanenteMembership AdministrationKaiser PermanentePO BOX 711697Denver, CO 80271-1697For Billing Inquiry:TABITHA MARIE LEE - CSCCPhone: 866-868-7220Please mail all membership changes to:Kaiser PermanenteMembership AdministrationP.O. Box 203009Denver, CO 80220-9009Or, send membership changes to either:Fax: 866-311-5974Email: csc-den-roc-group@kp.orgDid you know you could process your membership changes online at kaiserpermanente.org?(RETURN THIS PORTION WITH YOUR PAYMENT)GROUP-BILLGROUP-REGION: 00181-02-16CITY OF WHEAT RIDGEATTN: CHRISTINE JONES7500 W 29TH AVEWHEAT RIDGE, CO80033-8001 Invoice Number:0021616671Bill Period Date:09/01/2018
Please pay this amount:$10,489.56
Payment must be received by:08/31/2018
Amount Paid:
Provide Billing Unit number(s) on check and make it payable to:Kaiser PermanentePO BOX 711697Denver, CO 80271-1697160018100000200000000000216166710901201808181000000001048956000000000000000Please send payments only to the following address:
Kaiser Permanente
Membership Administration
Kaiser Permanente
PO BOX 711697
Denver, CO 80271-1697
For Billing Inquiry:
TABITHA MARIE LEE - CSCC
Phone: 866-868-7220
Please mail all membership changes to:
Kaiser Permanente
Membership Administration
P.O. Box 203009
Denver, CO 80220-9009
Or, send membership changes to either:
Fax: 866-311-5974
Email: csc-den-roc-group@kp.org
Did you know you could process your membership changes online at kaiserpermanente.org?
(RETURN THIS PORTION WITH YOUR PAYMENT)GROUP-BILLGROUP-REGION: 00181-02-16
CITY OF WHEAT RIDGE
ATTN: CHRISTINE JONES
7500 W 29TH AVE
WHEAT RIDGE, CO 80033-8001
Invoice Number:0021616671
Bill Period Date:09/01/2018
Please pay this amount:$10,489.56
Payment must be received by:08/31/2018
Amount Paid:
Provide Billing Unit number(s) on check and make it payable to:
Kaiser Permanente
PO BOX 711697
Denver, CO 80271-1697
160018100000200000000000216166710901201808181000000001048956000000000000000
$4128.88
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 42-2018 – A RESOLUTION APPROVING
A MEMORANDUM OF UNDERSTANDING BETWEEN THE
WHEAT RIDGE POLICE DEPARTMENT, THE GOLDEN POLICE DEPARTMENT, AND THE 1ST JUDICIAL DISTRICT ATTORNEY’S OFFICE, FOR THE ESTABLISHMENT OF A BODY-WORN CAMERA PROGRAM
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Chief of Police City Manager ISSUE: The Wheat Ridge Police Department (WRPD) and the Golden Police Department (GPD) jointly
applied for Bureau of Justice Assistance (BJA) grant funding to implement a Body-Worn Camera (BWC) program for each agency. The funding was approved, with Wheat Ridge listed as the primary award recipient. As such, Wheat Ridge is responsible for the primary administration of grant funds, and will act as a “pass through” agency, to transfer a portion of the funding to Golden.
The 1st Judicial District Attorney’s Office will consult and provide suggestions to both Wheat
Ridge and Golden regarding policy development, system selection, and data retention specifications. A Memorandum of Understanding (MOU) between Wheat Ridge, Golden, and the 1st Judicial District Attorney’s Office is required by the BJA as a condition of grant funding. PRIOR ACTION:
The Police Department began a BWC pilot program in 2015, with favorable results. On October 16, 2017, a staff report was presented to City Council seeking authorization to accept this grant. City Council reached a consensus to have the department accept the grant and move forward with implementing a BWC program.
Council Action Form – MOU for Body-Worn Camera Program
August 13, 2018
Page 2 FINANCIAL IMPACT: There are direct and indirect financial obligations for this grant. The grant will cover the costs of
the cameras, docking/charging stations, and storage costs. Indirect costs are the responsibility of
each agency and for the police department consisting primarily of training, a Records Management Specialist (RMS) position, and workstation. The RMS position was approved in the 2018 budget. The table below summarizes the total estimated costs for the next five years:
COSTS 2018 2019 2020 2021 2022 Hardware and Evidence.com $62,729 $37,992 $37,992 $37,992 $37,992
RMS Salary & Benefits (New
Position)
$56,000 $57,680
$59,410
$61,193
$63,028
Training $9,836 $9,836 0 0 0
Workstation $4,000 0 0 0 0
TOTAL $132,565 $105,508 $97,402 $99,185 $101,020
Grant Pays $62,729 $37,992 0 0 0
City Cost $69,836 $67,516 $97,402 $99,185 $101,020 BACKGROUND: The Wheat Ridge Police Department has a genuine and vested interest in fostering an environment
of trust with the community. The use of BWC by law enforcement has the potential to demonstrate
transparency to the community, to document evidence, and to deter unprofessional, illegal and inappropriate behaviors by both law enforcement and the public. It also comes with challenges in training personnel, additional work requirements, new evidentiary and retention requirements, and adhering to open records laws.
The department launched a pilot program for the use of BWC in 2015. Due to the success of that pilot program, the Wheat Ridge Police Department partnered with the Golden Police Department in 2017 and applied for BJA grant funding for a full BWC program. The application was approved, and a presentation was given to City Council on October 16, 2017, seeking direction on the
acceptance of the grant. City Council reached a consensus to accept the grant. City Council later
approved hiring an additional RMS in 2018, whose duties include managing the video created by this program. Over subsequent months, program managers from both WRPD and GPD have worked to complete
the various requirements governing the award of federal funding. A written Memorandum of
Understanding for services provided between the Wheat Ridge Police Department, the Golden Police Department, and the 1st Judicial District Attorney’s Office is one such requirement of the Bureau of Justice Assistance, and includes:
a. a statement requiring coordination of all grant-related activities through WRPD;
b. a statement requiring abidance by all program parameters by all parties; c. a statement requiring adherence to all terms, conditions, and requirements of any grant award received; d. the utilization of a BWC Program Director;
e. adherence to all BWC program deadlines and budgetary requirements;
Council Action Form – MOU for Body-Worn Camera Program
August 13, 2018
Page 3 f. a stipulation that each agency will support and participate in financial audits; and g. a stipulation that each agency will be responsible for its own liability incurred as a result
of participation in the MOU.
All of the elements listed above are included in this Memorandum of Understanding to ensure compliance with BJA standards. RECOMMENDATIONS:
It is recommended that the City Council approve the Memorandum of Understanding between the Wheat Ridge Police Department, the Golden Police Department, and the 1st Judicial District Attorney’s Office, for the implementation of a Body-Worn Camera program. RECOMMENDED MOTION:
“I move to approve Resolution No. 42-2018, a resolution approving a Memorandum of Understanding between the Wheat Ridge Police Department, the Golden Police Department, and the 1st Judicial District Attorney’s Office, for the establishment of a Body-Worn Camera program.”
Or,
“I move to postpone indefinitely Resolution No. 42-2018, a resolution approving a Memorandum of Understanding between the Wheat Ridge Police Department, the Golden Police Department, and the 1st Judicial District Attorney’s Office, for the establishment of a Body-Worn Camera
program, for the following reason(s) .”
REPORT PREPARED/REVIEWED BY: T. R. Wardell, Commander Daniel Brennan, Chief of Police
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 42-2018 2. Memorandum of Understanding between the Wheat Ridge Police Department, the
Golden Police Department, and the 1st Judicial District Attorney’s Office, for the
implementation of a Body-Worn Camera program 3. Staff Report dated October 16, 2017 4. Staff Report dated August 6, 2018
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 42
Series of 2018
TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE WHEAT RIDGE POLICE DEPARTMENT, THE GOLDEN POLICE DEPARTMENT, AND
THE 1ST JUDICIAL DISTRICT ATTORNEY’S OFFICE, FOR THE ESTABLISHMENT OF A BODY-WORN CAMERA PROGRAM
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 the protection of the public health, safety and welfare; and
WHEREAS, pursuant to C.R.S. § 29-1-203, the City is authorized to enter into
cooperative agreements with other governmental entities to provide and receive certain
functions and services; and
WHEREAS, the Wheat Ridge Police Department has proposed a memorandum of understanding with the City of Golden and the First Judicial District Attorney’s Office to establish their mutual obligations, desires and goals in pursuing and using grant
funding to establish body-worn camera (“BWC”) programs and policies in the City’s
respective law enforcement agencies; and
WHEREAS, the Council finds that the use of BWC by law enforcement has the potential to demonstrate transparency to the community, to document evidence, and to deter unprofessional, illegal and inappropriate behaviors by both law enforcement and
the public; and
WHEREAS, the Council therefore desires to approve the proposed MOU to facilitate the funding and implementation of BWC programs and policies in the respective jurisdictions, consistent with any grant funding awarded for such purpose; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the
Council, acting by resolution or ordinance, to enter into contracts or agreements with other governmental units for the furnishing and receiving of commodities and services.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The attached Memorandum of Understanding between the First Judicial District
Attorney’s Office, the City of Wheat Ridge and the City of Golden for the
Implementation of Body Worn Camera Programs is hereby approved. The Mayor and City Clerk are authorized to execute the same.
ATTACHMENT 1
DONE AND RESOLVED this ___ day of __________________, 2018.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
Memorandum
TO: Mayor Bud Starker and City Council FROM: Daniel Brennan, Chief of Police
DATE: July 30, 2018 SUBJECT: Staff Report: Body-Worn Cameras
The purpose of this staff report is to update City Council on the body-worn camera (BWC) grant. In October 2017, City Council directed the police department to accept federal grant funding and move forward with the implementation of a body-worn camera (BWC) program. A number of
conditions were attached to the award by the Bureau of Justice Assistance (BJA), each of which
was required prior to the release of federal funds:
• Approval of department policy governing the use of BWC
• Approval of the submitted budget narrative
• A memorandum disclosing any pending applications
• Attendance at a national and regional training conference
• A current System for Award Management registration
• A signed Memorandum Of Understanding (MOU) between the cities of Wheat Ridge, Golden, and the 1st Judicial District Attorney’s Office Since that time, police department personnel tasked with the implementation of this project have
worked diligently to satisfy each of these requirements. All have been completed and approved by the BJA, with the exception of the signed MOU, the final item on the list. In addition, the police department has taken the following steps to prepare for the impending implementation of the BWC project:
• An additional Records Management Specialist has been hired to alleviate the anticipated increased workload of managing digital images.
• The assigned Program Manager and Records Management Specialist from both
the Wheat Ridge and Golden police departments, as well as a representative from
the District Attorney’s Office, attended a national Body-Worn Camera conference in Washington, D.C.
• The Training and Technical Assistance group of the BJA traveled to the District Attorney’s Office and presented additional training on the implementation and
management of BWC programs.
Ongoing communications between the city Purchasing Department and Axon, the preferred distributor, have also taken place. Both the cities of Wheat Ridge and Golden are members of NPP.org, a nationwide government purchasing agency that compiles RFPs from prospective
vendors. Axon currently has the award for governmental purchasing agreements for Body-Worn
ATTACHMENT 4
Staff Report Body Worn Cameras
July 30, 2018
Page 2 of 2 Cameras, and it is anticipated that, upon the release of funds, the equipment may be purchased without further delay.
I anticipate implementing the BWC program no later than the first quarter of 2019. Staff is in the process of developing a curriculum to train officers on the BWC policy, case law, Colorado Open Record Laws, and training on the use of the cameras, downloading and storing video, and requirements to access BWC video.
DB
MEMORANDUM OF UNDERSTANDING
BETWEEN THE FIRST JUDICIAL DISTRICT ATTORNEY’S OFFICE,
THE CITY OF WHEAT RIDGE, AND THE CITY OF GOLDEN
FOR THE IMPLEMENTATION OF
BODY WORN CAMERA PROGRAMS
This Memorandum of Understanding (MOU) is made and entered into this _____ day of
_________________, 2018, by and between the First Judicial District Attorney’s Office, Colorado (“DAO”), the City of Wheat Ridge, Colorado (“Wheat Ridge”) and the City of Golden,
Colorado (“Golden”). Both Wheat Ridge and Golden are home rule cities and Colorado
municipal corporations. For purposes of this MOU, each Party may be referred to as a “Party” or collectively as “Parties”.
WITNESSETH
WHEREAS, the agencies of the First Judicial District have a documented history of
collaboration among governmental and community agencies working to better the community by
eradicating crime, advocating for victims, and holding offenders accountable; and
WHEREAS, the use of Body-Worn Cameras (“BWC”) by law enforcement has the potential to
demonstrate transparency to the community; to document evidence; and to deter
unprofessional, illegal, and inappropriate behaviors by both law enforcement and the public; and
WHEREAS, this MOU memorializes the Parties’ cross-agency collaboration and commitment to
the successful implementation of BWC programs in Wheat Ridge and Golden.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section 1. Party Obligations
The Wheat Ridge Police Department (“WRPD”): WRPD will act as primary award recipient for grant funding; responsible for all financial monitoring, audit requirements, and reporting
requirements set forth in any relevant award special conditions and post-award instructions. Consistent with any terms and conditions of any grant funding received, WRPD will act as a
pass-through entity to the Golden Police Department (“GPD”), and will issue a sub-award to
GPD, in order for that agency to procure and implement its own BWC program. WRPD has assigned a BWC Program Director at the rank of Commander to oversee implementation of the
program in the WRPD. WRPD intends to commit personnel and resources as necessary for a
planned implementation model based on best practices guidance, consistent with available appropriations and funding.
The Golden Police Department (GPD): Consistent with any terms and conditions of any grant
funding, GPD will act as a sub-recipient of grant funds received by WRPD. GPD will adhere to all reporting requirements, financial monitoring, and audit requirements set forth in any relevant
award special conditions and post-award instructions, providing required information to WRPD
within required timelines. GPD has assigned a BWC Program Director at the rank of Captain to
ATTACHMENT 2
oversee implementation of the program in the GPD. GPD will support grant proposal(s) by the
WRPD, and commits to assist the WRPD in carrying out the goals and objectives of any grant funding
WRPD and GPD mutual obligations:
1. Coordinate all grant-related activities through WRPD.
2. Abide by all program parameters defined by any grant awarded WRPD or GPD.
3. Adhere to all terms, conditions and requirements of any grant awarded WRPD or GPD,
from the application process through the use and implementation of the funds.
4. Utilize a BWC Program Director who will be responsible for guiding the agencies through
BWC program implementation and management within each agency for the duration of the grant period.
5. Adhere to BWC program deadlines established by each agency.
6. Follow all applicable budgetary requirements.
7. Support and participate in any required financial audits.
First Judicial District Attorney’s Office (DAO): The DAO will consult and provide suggestions
to the WRPD and GPD, as WRPD and GPD establish their respective policies, system selection, and retention specifications. The DAO is committed to including the following key
provisions in each respective agency’s BWC program policy:
• Recording protocols: when to activate & deactivate camera; when recording is required,
discretionary, and prohibited
• Data retention periods for evidentiary recorded data
• Method of storage and tagging of evidentiary video
• Method for documenting chain of custody & preserving integrity of videos
• Accessibility of the video to prosecutors and method for release of videos as discovery in
accordance with the Colorado Rules of Criminal Procedure
• Whether officer whose BWC recorded the event is authorized to review the recording in context of the ensuing investigation
• The need to document the existence of the BWC recording in written reports as well as
when/why it was not activated or turned on/off
• Importance of recordings not taking the place of a thorough investigation and well-written
report
As requested, the DAO will assist WRPD and GPD in the review of training curriculum and by
providing training to officers related to the BWC Program.
Section 2.
Each Party agrees to be responsible for its own liability incurred as a result of its participation in
the MOU. In the event any claim is litigated, each Party will be responsible for its own expenses of litigation or other costs associated with such litigation. The Parties intend that nothing herein
Commented [CB1]: I think this means BWC Program Director, as that term is used above – doesn’t it? If this is really intended to be a different – additional person (other than the BWC Program Director), please feel free to re-insert this.
Commented [CB2]: I struck this language because I do not think it is needed – Section 3 above already covers grant compliance generally. It now goes without saying that any term or condition or requirement of the grant will be followed.
shall be deemed or construed as a waiver by any Party of any rights, immunities, limitations, or
protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, C.R.S., et seq.), as now or hereafter amended, or otherwise available at law or equity.
Section 3.
The terms of this MOU shall commence on the effective date first written above and it shall terminate upon the promulgation by WRPD and GPD of their policies and procedures for the
BWC Program or on December 21, 2019, whichever shall first occur.
Section 4.
By entering into this MOU, the Parties do not intend to create any obligations, express or
implied, other than those set out herein; further, this MOU is not intended to and shall not create in the public or any individual member of the public, a third party beneficiary relationship, nor
authorize any person not a party to this MOU to maintain suit for personal injuries or property
damage pursuant to the terms, conditions or provisions of this MOU.
Section 5.
This MOU is subject to, and shall be interpreted and performed under, the laws of the State of Colorado. For any dispute requiring court action concerning this MOU venue shall be the Jefferson County District Court for the First Judicial District of Colorado.
Section 6.
The waiver of any breach of a term, provision or requirement of the MOU shall not be construed
or deemed as waiver of any subsequent breach of such term, provision, requirement, or of any
other term, provision, or requirement. The sole and exclusive remedy for any breach of this MOU shall be termination, and none of the Parties shall be entitled to recover damages, costs
or attorney fees.
Section 7.
All direct and indirect financial obligations of any Party under this MOU are subject to the annual
appropriation of funds by such Party’s governing body. No provision of this MOU will be or interpreted: (a) to directly or indirectly obligate any Party to make any payment in any fiscal year
in excess of amounts appropriated by any Party for such fiscal year; or (b) as creating a debt or
multiple fiscal year direct debt or other financial obligation whatsoever of any Party within the meaning of Article X, Section 20 of the Colorado Constitution or any other constitutional or
statutory limitation or provision.
Section 8.
Each Party represents that all procedures necessary to authorize such Party’s execution of this
MOU have been performed, and that the person signing for such Party has been authorized to do so.
CITY OF WHEAT RIDGE
___________________________________
Bud Starker, Mayor Date
ATTEST:
______________________________________
Janelle Shaver, City Clerk
CITY OF GOLDEN
__________________________________
Marjorie Sloan, Mayor Date
ATTEST:
________________________________
Monica Mendoza, City Clerk
FIRST JUDICIAL DISTRICT ATTORNEY’S OFFICE
__________________________________
Peter Weir, District Attorney Date
Memorandum
TO: Mayor Jay and City Council VIA: Patrick Goff, City Manager
FROM: Daniel Brennan, Chief of Police DATE: October 16, 2017 SUBJECT: Body Worn Camera Grant
ISSUE In April 2017, the Wheat Ridge and Golden Police Departments submitted an application for the
“2017 Body Worn Camera Policy and Implementation Program” grant through the U.S. Department of Justice, Office of Justice Programs. The grant announcement contained language expressing a desire for collaborative grant submissions, or grants with more than one agency. The announcement indicated collaborative grants would be given stronger consideration. Staff
reached out to the Jefferson County Sheriff’s Office (JCSO), and the Lakewood and Golden
Police Departments to determine their interest in pursuing a collaborative grant. The Golden Police Department was the only agency that expressed interest in the grant at that time. On September 30, 2017, the department received official notification from the Department of
Justice, Office of Justice Programs that the Wheat Ridge and Golden Police Departments had
received a grant award. FINANCIAL IMPACT The estimated funding for this two-year collaborative grant is $458,130. This amount includes
$172,500 in direct costs (grant funding) from the federal government and $285,630 in indirect
costs paid for by the grant applicants (Golden and Wheat Ridge). The direct costs will pay for the equipment (115 cameras, storage costs, and licenses) for both agencies. The grant pays for the first two years of costs, including storage costs and licenses. This equates to $105,000 for Wheat Ridge (70 cameras @$1,500 each).
Indirect costs include the costs for positions necessary to operate and manage a body-worn camera program, training on grant reporting procedures and a workstation for a Records Management Specialist position. For Wheat Ridge, these indirect costs include the costs (salary and benefits) for one Records Management Specialist (a new position), and five-percent of the
salary and benefit costs of a command level position to oversee the project.
At the conclusion of the two-year grant cycle, the department would be responsible for assuming the equipment, storage, licensing and maintenance costs; and the continued costs associated with the positions necessary to manage the program. The table below identifies the funding sources
and totals for the next five years:
ATTACHMENT 3
Staff Report Body Worn Cameras
October 16, 2017
Page 2 of 3
COSTS 2018 2019 2020 2021 2022
Hardware and Evidence.com $62,729 $37,992 $37,992 $37,992 $37,992
RMS Salary & Benefits (New Position) $56,000 $57,680 $59,410 $61,193 $63,028
Training $9,836 $9,836 0 0 0
Workstation $4,000 0 0 0 0
TOTAL $132,565 $105,508 $97,402 $99,185 $101,020
Grant Pays $62,729 $37,992 0 0 0 City Cost $69,836 $67,516 $97,402 $99,185 $101,020
The hardware and Evidence.com include the costs associated with purchasing the cameras, docking stations for the devices, the assurance plan, licensing and a storage plan. The Taser Assurance Plan allows the department to upgrade BWCs every 2.5 years, and provides a warranty for the cameras if they discontinue functioning due to wear or breakage for five years.
Staff is proposing utilizing the Evidence.com storage ten-terabyte plan versus purchasing a
standalone server to handle media storage or the unlimited data storage plan. The unlimited storage plan would cost approximately $66,000 per year. The Records Management Specialist is a non-exempt position found in Salary Grade 50, which
has a salary range of $38,000 to $55,000. Benefit costs are approximately 40% of the employee
salary. The table above includes salary and benefits with a 3% increase factored in annually. Costs for training, a workstation and associated technology will be absorbed within the current department budget.
BACKGROUND The department began a pilot BWC program in 2015 to evaluate body-worn cameras. A limited number of cameras were purchased for use by the Crash and Traffic Team (CATT), patrol officers and Community Service Officers (CSOs). During the course of the pilot program, the
scope of the program was narrowed to the CATT team. Based on our analysis of the program
and feedback from participants, the department’s Management Team was in favor of moving forward with a BWC program. During the 2016 Budget Preparation discussion, the Police Department presented information to
city council on the costs for body-worn cameras. At the end of the staff presentation, city
council directed staff to explore any opportunities for federal grants specific to body-worn cameras and submit a grant. In 2016, the department submitted a grant application to the Department of Justice, Office of
Justice Programs for the “Body Worn Camera Policy and Implementation Program” to acquire
body worn cameras for uniformed police officers. The department was not selected for the grant; however, staff was provided with feedback from its grant application that would make a subsequent grant request stronger.
In 2017, the grant announcement contained language encouraging the submission of
collaborative grant applications. The department reached out to the Jefferson County Sheriff’s Office and the Lakewood and Golden Police Departments. The Arvada Police Department had already decided to not pursue BWC’s at this time. The Golden Police Department was the only
Staff Report Body Worn Cameras
October 16, 2017
Page 3 of 3 agency interested in pursuing a federal grant. The grant application was submitted in April 2017.
The department received notification from the Department of Justice, Office of Justice Programs
that our joint grant application had been accepted and a grant award was forthcoming. The next step in the process is to officially accept the grant award. The Golden Police Department has advised staff of their desire to move forward with the BWC
grant. Staff is requesting direction from City Council on whether to accept this grant or not.
Accepting the grant comes with the acknowledgement that the city and police department will commit funding to maintain a BWC program for the foreseeable future. Both departments recognized the need for additional personnel to manage and operate the BWC
program. This includes needed research and training at startup, maintaining and inventorying
BWC equipment, managing video downloads, handling open records requests and preparing video evidence for release to the District Attorney’s Office and other entities who request evidentiary items, and responding to public records requests. The records management specialist position will also prepare reports, submit grant deliverables and coordinate the grant with Bureau
of Justice personnel.
While the department has an existing policy on BWCs, the grant requires both departments to work with community stakeholders on the development of a policy. The challenges with policy development center around privacy issues such as when the camera is turned on or off,
establishing storage guidelines for recorded video, having processes in place to redact video to
protect the privacy of victims and others, and having a process in place to notify the public when they are being recorded. The department’s current policy addresses all of these issues. The department keeps all recordings in accordance with the Colorado Municipal Records Retention Schedule.
RECOMMENDATION Impartiality, fairness, voice and transparency are important factors for law enforcement agencies to have in order to be successful in building trusting relationships within the community and providing quality public safety services to their communities. While BWCs are not the entire
answer in addressing community concerns about the fair enforcement of the law, these cameras
do provide additional information that can be used to address community concerns. The department’s current pilot program has been successful in clearing patrol officers from allegations of misconduct, provided enhanced documentation of evidentiary value in certain cases, and has also identified deficiencies in training that have been used to increase the
competencies and skills of all officers.
Staff recommends City Council consensus to accept this federal grant to purchase body-worn cameras and to continue to provide funding to maintain this program.
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 22-2018 – AN ORDINANCE CREATING A NEW SECTION 26-643 OF THE WHEAT RIDGE CODE OF
LAWS PROHIBITING THE USE OF FREESTANDING EMERGENCY ROOM FACILITIES PUBLIC HEARING ORDINANCES FOR 1ST READING (7/23/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (8/13/2018)
RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________
City Attorney City Manager ISSUE: This ordinance revises the Wheat Ridge Code of Laws to prohibit freestanding emergency room
facilities throughout the City.
PRIOR ACTION: The Council adopted a moratorium on new freestanding emergency rooms to enable the staff and council to review the city’s regulatory options. The moratorium was extended to August 27, 2018. On June 18, City Council directed that an ordinance be brought forth prohibiting this use
throughout the City. FINANCIAL IMPACT: The potential loss of license, permit, application and similar fees associated with applications for
freestanding emergency room (ER) facilities is nominal.
BACKGROUND: Freestanding ERs continue to increase in number and popularity. In Colorado, the number of freestanding ERs rose from two in 2012 to at least 35 by mid-2016. These facilities provide
emergency medical treatment and care similar to a hospital-based ER. Ambulances deliver to
these freestanding facilities and many offer more sophisticated on-site services – such as radiology and lab services – than urgent care facilities. These types of facilities continue to be unregulated by the state.
Council Action Form – Prohibit Use of Freestanding ERs
August 13, 2018
Page 2 Freestanding ERs likely generate land use impacts that are more akin to hospitals than to other medical facilities, such as clinics, doctor’s offices and urgent-care facilities. Unlike these other
types of medical facilities, freestanding ERs accommodate ambulance and other emergency-
vehicle traffic and they are often open 24/7. They produce light, noise, glare and traffic beyond that of a non-emergent medical care facility. It is therefore appropriate to study and evaluate whether the City’s existing zoning regulations adequately address freestanding ER facilities.
In the past, there have been media stories on freestanding ERs and patient confusion between
freestanding ERs and urgent care facilities. Because freestanding ERs are not currently licensed or regulated by the state, patients may also be uninformed about the relative costs, benefits, advantages and disadvantages of visiting a freestanding ER versus a hospital-based ER. It was therefore appropriate for Council to study and evaluate whether the City should enter the
licensing arena specific to these facilities and adopt some local licensing requirements for them.
The Council has the authority to prohibit this use throughout the City. The attached ordinance does so.
RECOMMENDATIONS:
Council options include: 1. Approve the ordinance as presented on second reading 2. Approve the ordinance on second reading with amendment(s) 3. Postpone consideration of the ordinance indefinitely
4. Extend the temporary moratorium
Staff recommends approving the ordinance as presented. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 22-2018 - an ordinance creating a new section 26-643 of the
Wheat Ridge Code of Laws prohibiting the use of freestanding emergency room facilities, on second reading and that it takes effect immediately upon Council adoption.” Or,
“I move to postpone indefinitely Council Bill No. 22-2018 – an ordinance creating a new section 26-643 of the Wheat Ridge Code of Laws prohibiting the use of freestanding emergency room facilities for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY:
Gerald Dahl, City Attorney Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 22-2018
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DAVIS
Council Bill No. 22 Ordinance No. _______ Series 2018
TITLE: AN ORDINANCE CREATING A NEW SECTION 26-643 OF THE WHEAT RIDGE CODE OF LAWS PROHIBITING THE USE OF FREESTANDING EMERGENCY ROOM FACILITIES WHEREAS, the City of Wheat Ridge (“City”) is a home rule municipality operating
under a charter adopted pursuant to Article XX of the Colorado Constitution and vested
with the authority by that article and the Colorado Revised Statutes to enact laws to govern and regulate the use of land within its territory; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council (“Council”) previously adopted local land use regulations, codified as Chapter 26 of the Wheat Ridge
Code of Laws (“Code”); and
WHEREAS, City staff has previously interpreted the City’s current zoning regulations as permitting freestanding emergency room facilities to locate within the Mixed Use-Commercial and Planned Hospital Development zone districts only; and
WHEREAS, the Council found that freestanding emergency room facilities may
cause land use impacts that are different than those caused by other detached health
care facilities due to the extended hours that emergency facilities may be open; and
WHEREAS, approximately two years ago, in response to the increase in the number and popularity of freestanding emergency room facilities over the past several years, the Council determined that it was necessary and desirable to examine the City’s
zoning laws and business licensing regulations governing freestanding emergency room
facilities; and
WHEREAS, additionally, the Council and City staff held a reasonable belief that the state legislature might adopt statewide legislation governing freestanding emergency room facilities that could potentially affect the desired parameters of local regulations on
the topic, during either the last few legislative sessions; and
WHEREAS, as a result, by and through the adoption of Ordinance No. 1595, the Council previously acted to impose a one-year moratorium on the submission, acceptance, processing, and approval of all applications and requests for a permit, license, land use approval or other approval for any freestanding emergency room facility;
and
WHEREAS, the Council and City staff learned that it was unlikely that the state legislature will adopt such legislation during the current session; and
ATTACHMENT 1
WHEREAS, the Council therefore found it prudent and desirable to extend the moratorium, to permit the careful study and evaluation of various local regulatory options
with an expectation that such regulations would operate without an additional state
regulatory gloss; and
WHEREAS, the Council has now determined that it is in the best interests of the safety, health and welfare of the citizens of Wheat Ridge to prohibit the use of freestanding emergency room facilities within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council.
Section 2. Chapter 26 of the Wheat Ridge Code of Laws is amended by the
adoption of a new section 26-643 as follows:
Sec. 26-643. – Freestanding Emergency Room Facilities. A. For purposes of this Section, freestanding emergency room facilities shall mean and include a medical facility that is not physically attached to a hospital facility
that has the capability of providing medical care and services to patients with
emergency medical conditions in a manner similar to emergency rooms located within hospitals. Features of a freestanding emergency room facility may include, but are not limited to, expanded hours of operation, drive-lanes or vehicle bays to accommodate ambulance arrivals and departures, board-certified
emergency physicians, board-certified emergency nurses, on-site lab and
imaging capabilities and similar equipment, services and treatments not commonly available in urgent-care facilities. B. The use of freestanding emergency room facilities, as defined in this Section, is
strictly prohibited in all zone districts within the City.
Section 3. The “Table of Uses – Commercial and Industrial Districts” Chart set forth in Section 26-204 of the Wheat Ridge Code of Laws, regarding “zone district use schedule,” is hereby amended by inserting a new row in the appropriate alphabetical
order concerning freestanding emergency room facilities as follows:
Table of Uses – Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 I-E
Freestanding emergency room facilities
Section 4. The “Permitted Uses” Chart set forth in Section 26-1111 of the
Wheat Ridge Code of Laws, concerning permitted uses in mixed-use zone districts, is hereby amended by inserting a new row in the appropriate alphabetical order concerning freestanding emergency room facilities as follows:
Permitted Uses
Use Group MU-C MU-C Interstate MU-C TOD MU-N
Freestanding emergency
room facilities
NP NP NP NP
Section 5. The moratorium on the submission, acceptance, processing, and approval of all applications and requests for a permit, license, land use approval or other approval for any freestanding emergency room facility imposed by Ordinance 1595 and extended by Ordinance 1616 and Ordinance 1634 is hereby repealed, upon the effective date of this ordinance.
Section 6. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23rd day of July, 2018, ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on final passage set for
August 13, 2018, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this ________ day of _____________________, 2018.
SIGNED by the Mayor on this ________ day of ____________________, 2018.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: July 26, 2018
Second Publication: Wheat Ridge Transcript Effective Date:
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 19-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4288
YOUNGFIELD STREET FROM NEIGHBORHOOD
COMMERCIAL (N-C) TO MIXED USE-NEIGHBORHOOD
(MU-N) (CASE NO. WZ-18-12/COPPER FOREST) PUBLIC HEARING ORDINANCES FOR 1ST READING (07/09/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/13/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ________________________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of a zone change from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for property located at 4288 Youngfield Street. The proposed rezoning area includes one parcel, the total size of which is approximately 1.38
acres.
PRIOR ACTION: Planning Commission heard the request at a public hearing on June 21, 2018 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are
attached.
FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $998.00 were collected for the review and processing of Case No. WZ-18-12.
Council Action Form – Rezoning 4288 Youngfield
August 13, 2018
Page 2 BACKGROUND: The property is located at the northeast corner of 42nd Avenue and Youngfield Street, directly east
of the Interstate 70 and Highway 58 interchange. The property is currently zoned Neighborhood Commercial (N-C), which allows a limited range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the local community and neighborhood.
The structure on the property was originally built in 2001 as a model home for a log home builder. The property was purchased in 2015 by the current owner, who converted the log home into several small office spaces. The owner has applied for this zone change request in order to operate a wine and beer bar to help make the property more financially sustainable. Because of the
limitations on rezoning to other commercial zone districts that would allow this type of business
(such as Commercial-One), the infeasibility and inapplicability of a planned development, and this property’s location along Youngfield Street between Interstate 70 and lower intensity residential and commercial uses, Mixed Use-Neighborhood (MU-N) is being recommended as the most appropriate straight zone district for this request.
If the zone change is approved, and the applicant intends to operate any alcohol related use from the facility, a liquor license will need to be obtained by working with the City Clerk’s Office, to obtain approval of the Liquor License Authority through a public hearing.
Surrounding Land Uses
The subject property is zoned Neighborhood Commercial (N-C), and surrounding properties include a variety of commercial and agricultural zoning designations. To the east, along 42nd Avenue are two properties zoned Restricted Commercial (R-C), which is a slightly more permissive commercial zone district than the subject property’s N-C zoning. These properties are
home to the Jefferson County Head Start, and a small specialty retail establishment. To the south,
along Youngfield Street is a property zoned Commercial-One (C-1), which allows for an array of regionally-serving retail, office, service, and commercial establishments. An irrigation supply company currently utilizes this C-1 property. To the west and southeast is zoned Agricultural-One (A-1). These areas are occupied by Interstate 70 and Highway 58 to the west, and single-family
and vacant properties to the southeast. To the northeast is an area of Agricultural-Two (A-2),
which is primarily single-family homes, but also contains some commercial operations, such as dog kennels. Current and Proposed Zoning
Neighborhood Commercial is the City’s most restrictive commercial zone district and typically
appears on local streets and at transitions between light commercial uses and established residential neighborhoods. The proposed zone district, MU-N, provides for smaller-scale, neighborhood-serving commercial services and is similar to the existing N-C zone district. One significant difference between the existing and proposed zone districts is in the treatment of
residential uses. In the N-C zone district, residential uses are permitted on a very limited basis per
section 26-626 of the city code.
Council Action Form – Rezoning 4288 Youngfield
August 13, 2018
Page 3 In addition, MU-N allows a slightly expanded and more contemporary list of permitted
commercial uses. The zone change would allow the property to be used residentially,
commercially, or for a mix of residential and commercial. The zone change would also allow the property owner to convert the structure into a wine and beer bar, which is the current intent of the rezoning, as bars are not permitted in N-C, but are permitted in MU-N. RECOMMENDED MOTION:
“I move to approved Council Bill No. 19-2018, an ordinance approving the rezoning of property located at 4288 Youngfield Street from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N), on second reading and that it take effect 15 days after final publication for the following reasons:
1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been 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. 19-2018, an ordinance approving the rezoning of property
located at 4288 Youngfield Street from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N), on second reading for the following reasons: 1.
2.
3. .” REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II
Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 19-2018 2. Planning Commission staff report with attachments 3. Planning Commission hearing minutes
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 19 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 4288 YOUNGFIELD STREET FROM NEIGHBORHOOD COMMERCIAL (N-C) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-12 / COPPER FOREST)
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, Barbara McEahern of Copper Forest LLC has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone
district for property located at 4822 Youngfield Street; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a neighborhood buffer along Youngfield Street south of 44th Avenue, encouraging transitions and buffers between high intensity uses
and corridors and lower intensity uses; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on June 21, 2018 and voted to recommend approval of rezoning the property to Mixed-Use-Neighborhood (MU-N) ,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Barbara McEahern for approval of a zone
change ordinance from Neighborhood Commercial (N-C) to Mixed Use-
Neighborhood (MU-N) for property located at 4288 Youngfield Street, 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:
BEGINNING AT A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4, WHICH IS 302.87 FEET SOUTH OF 0°10’ EAST OF THE WEST 1/16TH CORNER ON CENTER LINE OF SECTION 20, TOWNHSIP 3
SOUTH, RANGE 69 WEST OF THE 6TH P.M.; THENCE NORTH 89°50’ EAST
334.35 FEET; THENCE SOUTH 0°10’ EAST 204.53 FEET; THENCE SOUTH 89°50’ WEST 334.35 FEET TO SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4; THENCE NORTH 0°10’ WEST 204.53 FEET TO THE POINT OF BEGINNING,
ATTACHMENT 1
EXCEPT THAT PORTION OF SAID LAND HERETOFORE CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, DESCRIBED IN
DEED RECORDED FEBRUARY 18, 1966 IN BOOK 1853 AT PAGE 781,
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 9th day of July, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, August 13, 2018 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 ___________, 2018. SIGNED by the Mayor on this _______ day of _______________, 2018.
______________________________________ Bud Starker, Mayor
ATTEST:
_______________________________________ Janelle Shaver, City Clerk
Approved as to Form
_______________________________________ Gerald Dahl, City Attorney
1st publication: July 12, 2018 2nd publication: Wheat Ridge Transcript: Effective Date:
Planning Commission 1 Case No. WZ-18-12 / Copper Forest
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: June 21, 2018 CASE MANAGER: Zack Wallace Mendez
CASE NO. & NAME: WZ-18-12 / Copper Forest ACTION REQUESTED: Approval of a zone change from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N).
LOCATION OF REQUEST: 4288 Youngfield Street APPLICANT (S): Barbara McEahern, owner of Copper Forest LLC
OWNER (S): Copper Forest LLC APPROXIMATE AREA: 60,113 square feet (1.38 acres)
PRESENT ZONING: Neighborhood Commercial (N-C) COMPREHENSIVE PLAN: Neighborhood Buffer
ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2 Case No. WZ-18-12 / Copper Forest
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST The applicant and current owner of the property has submitted this application requesting approval of a
zone change from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N).
II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 4288 Youngfield Street. The property is approximately 1.38 acres in
size and located at the northwest corner of Youngfield Street and 42nd Avenue. The property currently
contains one structure, which was originally built in 2001 as a model home for a log cabin builder. The current owner purchased the property in 2015 and converted the structure into a series of small offices. The structure and parking lot take up much of the western half of the property, while the eastern half of the lot is vacant with the exception of some vegetation (Exhibit 1, Aerial).
Prior to the construction of the log home, the property was zoned Agricultural-Two (A-2). The property was rezoned to Restricted Commercial-One (RC-1) in October 2000 for the purpose of constructing the model home. The RC-1 zone district became the Neighborhood Commercial (N-C) zone district during an update to Chapter 26 of the Code of Laws in 2001.
The property to the south of the subject property is zoned Commercial-One (C-1) and is home to an irrigation supply company, which operates under a special use permit granted in 2014. Further south, and to the southeast are properties zoned Agricultural-One (A-1) containing single-family homes. The vacant A-1 parcel at the southwest corner of 42nd Avenue and Xenon Street has an active land use
application proposing a zone change to Planned Commercial Development. Properties to the east are
zoned Restricted Commercial (RC) containing the Jefferson County Head Start and a specialty retail establishment. To the east/northeast along Xenon Street are properties zoned Agricultural-Two (A-2) containing single-family homes and some agricultural activities. Also in this area are two dog related establishments, both operating under Special Use Permits, and both being day care/kennel facilities.
Finally, property to the west and north is zoned A-1 and contains the right-of-way for Youngfield
Street and I-70. The I-70/Highway 58 interchange is directly west of this property (Exhibit 2, Zoning
Map). III. PROPOSED ZONING
The applicant is requesting the property be rezoned to Mixed Use-Neighborhood, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood-serving commercial and retail uses. Youngfield Street is classified by the City as a Minor Arterial roadway. This designation may lend the property to be
considered for the more intensive Mixed Use-Commercial (MU-C) zone district, which is meant for
major commercial corridors. Additionally, the property’s proximity to I-70 may also mean the MU-C Interstate zone district is an appropriate zone district for the property. However, given the proximity to single-family residential uses on Xenon Street, and some separation between the subject property and the more intensive commercial corridor further south on Youngfield Street, Staff feels the MU-N zone
Planning Commission 3 Case No. WZ-18-12 / Copper Forest
district is a more appropriate transitional zone district for this site than the MU-C or MU-C Interstate designations. The current zone district for the property, Neighborhood Commercial (N-C), was established to
accommodate a limited range of commercial uses, such as office, general business, retail sales, and
service establishments, which are oriented towards the local neighborhood. The applicant intends to rezone the property in order to operate a beer and wine bar from the premises (Exhibit 3, Applicant Request). This use is not permitted in the N-C zone district, but is permitted in
the MU-N zone district. Despite this specific difference in allowable uses, the N-C and MU-N zone
districts generally allow for a similar range of neighborhood-scale commercial uses. If redevelopment were to happen in the future, the MU-N zoning would allow residential uses on the property as well, while the N-C zoning does not.
The following table compares the existing and proposed zoning for the property, with standards for
new development or major additions. In terms of permitted uses, MU-N allows commercial uses at a similar intensity of the existing N-C zoning. In terms of residential uses, MU-N is more flexible because the N-C zone district would not otherwise allow the property to convert to a residential use.
CURRENT ZONING Neighborhood Commercial (N-C) PROPOSED ZONING Mixed Use-Neighborhood (MU-N)
Uses Allows a limited range of commercial uses including office, general business, retail sales, and service establishments
Allows residential, commercial or mixed use – includes multi-family and live/work facilities, excludes outdoor storage
Architectural Standards
Contemporary Overlay ASDM standards apply, including high quality
architecture, standards related to articulation, variation, materials, and
transparency.
Mixed-Use standards apply, including high
quality architecture, standards related to articulation, variation and materials.
Max. Building Height 35’ 35’ if the building has residential use 50’ for all other uses
Max. Lot coverage 80% 90% for mixed use 85% for single use
Min. Landscaping 20% 10% for mixed use 15% for single use
Build-to Area 0-20’ along front property line 0-12’ along Youngfield and 42nd Avenue
Setbacks Rear: 10’ plus 5’ per story after the 1st Side: 0’ if nonflammable or 5’ per story Side: 0’ Rear: 5’
IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The applicant has also provided responses to the zone change criteria, found in Exhibit 4. 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.
Planning Commission 4 Case No. WZ-18-12 / Copper Forest
The change of zone will not result in adverse effects on the surrounding area. The rezoning would allow a similar range of neighborhood-oriented commercial uses on the site as is currently allowed under the N-C zoning, while allowing the owners to operate a beer and wine bar from the premises.
While the MU-N zone district will expand use options by allowing for residential uses, these are
generally considered to be less intensive than commercial uses. Based on the existing character of and land use patterns along Youngfield Street, the MU-N zone district is more appropriate than N-C in terms of land use and intensity. For that reason, the zone change should not have an adverse effect on the surrounding area.
The MU-N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future redevelopment and existing land uses. The subject site serves as a transition between commercial activity and the residential neighborhood to the northeast.
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.
Infrastructure currently serves the property, and all responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. 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. The property is classified as a Neighborhood Buffer in Envision Wheat Ridge, the City’s 2009
comprehensive plan (Exhibit 5, Comprehensive Plan). Envision Wheat Ridge states that these
areas are intended to function as a buffer between low-intensity residential uses and higher intensity commercial corridors and uses. The plan also states that these neighborhood buffers will transition from a mix of residential (both single and multi-family) and small-scale commercial uses traditional to areas with higher intensity uses.
This zone change request supports the comprehensive plan and subarea plan by enabling investment in the property transitioning from Youngfield and the I-70/Highway 58 interchange into the low-intensity neighborhood, which features some small-scale commercial businesses further east along 42nd Avenue, further buffering the residential uses along Xenon Street. As
noted above, the property may be eligible for one of several mixed use zone districts based on
its location, but MU-N is the most appropriate based on the surrounding land uses and consistency with the comprehensive. Staff concludes that this criterion has been met.
Planning Commission 5 Case No. WZ-18-12 / Copper Forest
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 N-C zoning designation as is
appears on the City zoning maps. 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 N-C
to MU-N 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 2, 2018. Three members of the public attended
the meeting in addition to the applicant and staff. Some concerns were raised regarding traffic, the
proximity of a bar to the Jefferson County Head Start school, and potential future allowed uses in the MU-N zone district. The concerns and the discussion from the meeting are summarized in the meeting summary (Exhibit 7, 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 comments.
Wheat Ridge Building Division: No objection. Wheat Ridge Police Department: Provided no comments.
Planning Commission 6 Case No. WZ-18-12 / Copper Forest
Jeffco Head Start: Letter received objecting to a specific land use within the MU-N zone district. Staff Note: Per Wheat Ridge liquor license regulations the presence of the
Head Start will not prohibit the issuance of a license for beer and wine
sales. Valley Water District: No objection. Fruitdale Sanitation District: No objection.
Arvada Fire Protection District: No objection. Xcel Energy: No objection.
Century Link: No objection. 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 providing a transition between
the heavily travelled Interstate 70 and Youngfield Street, both of which serve major commercial centers in the immediate vicinity, and the low-intensity residential and commercial uses found along 42nd Avenue and Xenon Street.
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of Case No. WZ-18-12. VIII. SUGGESTED MOTIONS
Option A:
“I move to recommend APPROVAL of Case No. WZ-18-12, a request for approval of a zone change from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for property located at 4288 Youngfield Street, 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.
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.”
Planning Commission 7 Case No. WZ-18-12 / Copper Forest
Option B: “I move to recommend DENIAL of Case No. WZ-18-12, a request for approval of a zone change from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for property located at 4288
Youngfield Street, for the following reasons:
1.
2. …”
Planning Commission 8 Case No. WZ-18-12 / Copper Forest
EXHIBIT 1: AERIAL
Planning Commission 9 Case No. WZ-18-12 / Copper Forest
EXHIBIT 2: ZONING MAP
Planning Commission 10 Case No. WZ-18-12 / Copper Forest
EXHIBIT 3: APPLICANT REQUEST
Planning Commission 11 Case No. WZ-18-12 / Copper Forest
EXHIBIT 4: APPLICANT RESPONSES
TO ZONE CHANGE CRITERIA
Planning Commission 12 Case No. WZ-18-12 / Copper Forest
Planning Commission 13 Case No. WZ-18-12 / Copper Forest
Planning Commission 14 Case No. WZ-18-12 / Copper Forest
EXHIBIT 5: COMPREHENSIVE PLAN
44th Avenue Ro
b
b
S
t
.
Subject Property
Planning Commission 15 Case No. WZ-18-12 / Copper Forest
EXHIBIT 6: SITE PHOTOS
View of the subject property looking northeast from the intersection of 42nd Avenue and Youngfield Street.
View of the eastern, unimproved, portion of the property. The main building can be seen to the left.
Planning Commission 16 Case No. WZ-18-12 / Copper Forest
View of the Youngfield Street frontage looking north from 42nd Avenue.
View of the 42nd Avenue frontage looking east from Youngfield Street.
Planning Commission 17 Case No. WZ-18-12 / Copper Forest
Meeting Date: May 2, 2018
Attending Staff: Zack Wallace Mendez, Planner II
Location of Meeting: 4288 Youngfield Street
Property Address: 4288 Youngfield Street
Property Owner(s): Copper Forest, LLC
Property Owner(s) Present? Yes, Barb McEahern
Applicant: Copper Forest, LLC
Applicant Present? Yes, Barb McEahern
Existing Zoning: Neighborhood Commercial (N-C)
Existing Comp. Plan: Neighborhood Buffer
Existing Site Conditions: The site is located on the northeast corner of W. 42nd Avenue and Youngfield Street. The property is approximately 60,113 square feet (1.38 acres) and contains a commercial building built in 2001, according to the Jefferson County Assessor. The building is a log cabin which is currently used as
office space, though originally it was a model home. There is a parking lot in the front of the building
and a large meadow and wooded area buffering the building from the properties to the east and north. The property is zoned Neighborhood Commercial (NC). To the east along W. 42nd Avenue are two properties zoned Restricted Commercial (RC) which contain a school and an office/warehouse
building. The property across the street to the south is zoned Commercial-One (C-1) and contains an
irrigation supply business. Across Youngfield Street to the west is Interstate-70. Properties to the north and east are zoned Agricultural-One (A-1) or Agricultural-Two (A-2) and contain residential uses, and some associated agricultural uses such as dog kennels. Applicant/Owner Preliminary Proposal: The applicant has proposed to operate a taphouse in the log cabin, serving beer and wine. They have proposed minor modifications to the property, including adding parking, building a deck on the back of the log cabin, building an ADA ramp, paving an area for a food truck, and building a storage shed in the northeast corner. The interior would need to be modified to build a bar, accessible restrooms, and a
game room, but the majority of the space would remain untouched. Additional landscaping would be
added to the property, providing additional screening and creating shaded areas in the backyard. In order to accomplish this goal, the applicant has requested a zone change.
EXHIBIT 7: NEIGHBORHOOD MEETING
Planning Commission 18 Case No. WZ-18-12 / Copper Forest
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, the applicant’s business partner was in attendance. Three members of the public attended the neighborhood meeting.
• Staff discussed the site and its zoning.
• The applicant described their history with the building, and their plans for the building.
• The applicant and members of the public were informed of the process for a zone change.
• The members of the public were informed of their opportunity to make comments during the process and at the public hearings.
The following issues were discussed regarding the zone change request:
• There was concern raised regarding the proximity of a bar to the Jefferson County Head Start school, and if they would even be able to obtain a liquor license.
Staff noted that in 2012 the City adopted an Ordinance that removed certain types of alcohol
sales from the typical prohibited 500-foot radius, including beer and wine sales, which the
applicant is proposing. Staff noted that any further liquor licensing questions should be directed towards the City Clerks Office. Additionally, the applicant added that the tentative hours of operation for the taphouse would
only minimally overlap with the hours of the school.
• There was concern raised about traffic in the area, the members of the public who attended the meeting stated their desire for a stoplight at 42nd Avenue and Youngfield Street, no parking along 42nd Avenue, and no left turns out of the property towards Xenon Street.
Staff noted that for a traffic signal to be installed, the intersection must meet certain traffic
warrants. Additionally, parking is typically permitted along all City streets, however the
Planning Division Staff member was unable to answer if the Public Works Department would consider no parking along 42nd Avenue due to its substandard width and lack of curb, gutter, and sidewalk.
The applicant stated they would be willing to put up a no left turn sign in an attempt to prevent
their patrons from exiting the property and driving up Xenon Street to 44th Avenue. The
neighbors stated other businesses in the area have done that, and they hope the taphouse will too.
• The applicant stated they desire to build a deck for their patrons to enjoy. Questions were raised
regarding any associated music and noise.
The applicant stated there would be no loud music played outside, and even inside it would be limited to background music.
• One neighbor stated that the current owner and applicant seems trustworthy and has good
intentions, but has concerns about changing the zoning and what future property owners might be able to do with the property. The concern was noted, and it was re-emphasized that while the applicant has a specific use in mind, the zone change is to a zone district that has a similar, albeit slightly more permissive
use chart than is currently allowed on the property, and future owners would not be bound to
the taphouse idea. Aside from the three neighbors at the meeting, staff received no comment from others in the area
regarding the proposal.
Planning Commission Minutes -3 –June 21, 2018
Mr. Metzger said he is working with the City and Xcel to bury the power lines.
Commissioner VOS asked to have the lighting in the project explained.
Mr. Cutler explained the symbols and letters across the bottom of page 5 of the SDP explain the types of lights being used. These will include pedestrian and
street lighting and it will show the exact specs for each light.
Mr. Metzger added there will be interior LED parking lights and new street lighting along Youngfield Street which will also be LED.
Commissioner BUCKNAM asked if West Metro Fire’s concerns have been
addressed.
Mr. Cutler said the West Metro Fire issues have been resolved, there are just a few outstanding comments from Public Works comments that need to be answered, but
nothing that will change the plan.
It was moved by Commissioner VOS and seconded by Commissioner PETERSON to APPROVE Case No. WZ-18-10, a request for approval of an amendment to the Specific Development Plan for property located at 3244 and 3298 Youngfield Street, for the following reasons:
1.The Proposal is consistent with the City’s guiding documents includingthe I-70/Kipling Urban Renewal Plan.2.The proposed SDP is consistent with the approved ODP document andthe Architectural and Site Design Manual.3.The Criteria used to evaluate the SDP have been met.
With the following condition:
1.The applicant shall continue working with utility and serviceproviders, including the Fire District, to meet all applicablerequirements.
Motion passed 6-0.
B.Case No. WZ-18-12: An application filed by Copper Forest, LLC for approval ofa zone change from Neighborhood Commercial (NC) to Mixed Use-Neighborhood(MU-N) for property located at 4288 Youngfield Street.
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, packetmaterials, the zoning ordinance, and the contents of the digital presentation. Hestated the public notice and posting requirements have been met, therefore thePlanning Commission has jurisdiction to hear this case. Mr. Wallace Mendez also
ATTACHMENT 3
Planning Commission Minutes - 4 – June 21, 2018
entered into the record a letter from Jefferson County Head Start regarding their
concern about the specific use for this property.
Commissioner PETERSON asked if the existing businesses will remain when the Tap House opens.
Mr. Wallace Mendez said he did not think so, but will defer the question to the
applicant. Commissioner PETERSON then asked about Section 26-1105 of the code, Building Placement and Orientation. He mentioned the building has a Youngfield
Street address, but the driveway is off 42nd Avenue and this has placed a lot of
concern in the neighborhood and with Jefferson County Head Start. He asked if an entrance can be established on Youngfield Street and the 42nd Avenue entrance be taken away, perhaps as a condition of approval.
Mr. Wallace Mendez explained Youngfield Street falls under the jurisdiction of the
Colorado Department of Transportation (CDOT), and a right-of-way permit would need to be applied for and granted by CDOT in order to allow access from Youngfield Street. The City can’t guarantee CDOT would allow this access point, especially given that 42nd Avenue is so close by, and provides an alternative access
point. Staff was unsure this was a realistic condition of approval that could be met.
Mr. Wallace Mendez added that if the Commission felt strongly about this, a more appropriate condition would be to ask the applicant to apply for a CDOT access permit, but not mandate access from Youngfield Street. Mr. Cutler added he believes this section of the code is related to pedestrian access
to the building, not vehicular access to the parking lot.
Discussion then continued about access to and from the site. Commissioner DORSEY asked about a fence to isolate the subject property from
the Jefferson County Head Start property. He mentioned he would like to see it as
a condition of the motion if approved. Mr. Wallace Mendez said this would be a part of the site plan.
Commissioner VOS asked for definition of tap house and brewing at a tap house.
Mr. Wallace Mendez said the applicant does not plan on brewing any beer at this site. He explained that the phrase “tap house” is being used by the owners as part of the Copper Forest name, and does not relate to any City definitions. This type of business being proposed for the site is considered a bar by the City.
Commissioner BUCKNAM added there may be some confusion and a tap room is usually found in a brewery for tasting. He does not believe there will be a tap room in this facility.
Planning Commission Minutes - 5 – June 21, 2018
Commissioner VOS asked about the overgrowth of landscaping to the east of the
property and wondered if it will be cleaned up by the property owner of the City. Mr. Wallace Mendez deferred that question to the applicant.
Commissioner LEO asked exactly where the Head Start School is in relation to the
said property. Mr. Wallace Mendez said the school is directly to the east.
Commissioner BUCKNAM asked who the property owner to the north of said
property belongs to. Mr. Wallace Mendez it belongs to CDOT.
Commissioner BUCKNAM asked if a brewery could be built if the property
remains Neighborhood Commercial (NC). Mr. Wallace Mendez said a microbrewery requires a Special Use Permit in the NC zone district.
Commissioner BUCKNAM wanted the difference of Mixed Use-Neighborhood and Mixed Use-Commercial explained. Mr. Wallace Mendez said that in terms of intensity MU-N is less intense and would
be more appropriate for a neighborhood buffer.
Commissioner BUCKNAM asked if the applicant wants to pursue another use how would the height in the MU-N zone district be applied.
Mr. Wallace Mendez said that if there is any residential component the height limit
is 35 feet, if strictly commercial then 50 feet is the limit. Commissioner Peterson asked about the proposed 2nd entrance/exit point to the property.
Mr. Wallace deferred this question to the applicant and said is the City has not approved a secondary access point on 42nd Avenue. If the applicant would like to make that request it would be reviewed during the Site Plan process. Barbara McEahern, applicant 4288 Youngfield Street, Wheat Ridge Ms. McEahern gave a little history about when the property was purchased and mentioned that her and her husband’s business, Radiant Property Management, is
Planning Commission Minutes - 6 – June 21, 2018
located in the building along with several other tenants. She explained the office
rental rates don’t cover the property taxes, utilities and other expenses for this site,
but maintaining the integrity and character of the log cabin is very important to her. After brain storming other options with her business partner, they came up with the idea of a tap house that would offer Colorado beers and wines. She explained the name “Tap House” comes from the taps behind the bar for the wine and beers.
Some other questions she can’t answer yet because their plans are on hold, pending
the final outcome of this zone change request. Ms. McEahern explained one thought for the 2nd entrance to the site is for when the parking lot is expanded and the drive would go around the building to have a drive in and drive out points. She also mentioned that 30 dead trees at the rear of the property have been removed
and the plan is to bring in more trees to make the landscaping look better. There is
no plan for a restaurant, but they would like to have a food truck. She also explained there will be minimal overlap for the hours of operation with the Head Start School. She also mentioned they plan on putting up a fence in between the school’s property and the Tap House. There will also be a shed constructed for
storage and a trash enclosure.
Commissioner VOS asked about the deck on the east side of the building and wondered why it would not be on the west side where the view is.
Ms. McEahern explained there is more room on the east side as well as less noise
from the highway. She also said the landscaping will be redone and much nicer to look at from the deck. Commissioner VOS also questioned Staff about the shed, she thought out door
storage was not allowed in MU-N zone districts.
Mr. Wallace Mendez explained that items stored out in the open is considered outdoor storage; items stored in a shed is not considered outdoor storage.
Commissioner VOS wanted confirmation there would not be tenant spaces in the
building along with the Tap House. She also questioned a bar being able to cover property taxes and utilities as opposed to the current use. Commissioner VOS also asked if the food truck food will be allowed in the establishment.
Ms. McEahern explained all the tenant leases are up at the end of January 2019 and
the only office space will be for the Tap House. She also explained that the Tap House will only need to sell on average 56 drinks a day to cover the property taxes. She also added food will be allowed in the establishment from the food truck. Commissioner VOS asked how big the deck will be.
Ms. McEahern explained she has not thought that far ahead, but big enough for outdoor seating and a fire pit. She added there will still be a large buffer between the cabin and the Head Start School.
Planning Commission Minutes - 7 – June 21, 2018
Commissioner LARSON asked what the next step in the process is for the
applicant if the zone change is approved. Mr. Wallace Mendez said it will be a site plan which is administratively reviewed.
Commissioner LARSON also asked about the food truck being moved on and off
the site. Ms. McEahern said there are regulations that the food truck has to follow and will be separate from the Tap House.
Commissioner LARSON asked where the trash will be located and if the signage will be changed. Ms. McEahern said the trash will be enclosed and there will be no new signage, as
they plan on using the existing sign cabinets already in place on the property.
Commissioner BUCKNAM asked Ms. McEahern if she has considered the impact on traffic even from the nearby Greenbelt bike path.
Ms. McEahern said she will welcome the bicycle and pedestrian traffic from the
Greenbelt and there will be bike racks in front of the Tap House. Mr. Wallace Mendez, in response to traffic questions, added there are currently traffic counters being set up at 42nd Avenue and Xenon Streets for another
development and the Public Works Department will assess the results to determine
what actions may be appropriate to mitigate traffic impacts on the local neighborhoods in the area. Gail Perryman, Head Start Director 5150 Allison Street, Arvada Ms. Perryman mentioned she has concerns with a liquor establishment being next to the Head Start School and the start time for the Tap House. She explained the School’s parking lot separates the school and the cabin property and some of the
students do not get picked up until 5:30p.m. Ms. Perryman would like to see a
fence put up on the property line. She also has a concern about traffic issues. Matt Martin, DBC Irrigation Supply 12750 West 42nd Avenue
Mr. Martin said he has concerns with traffic at 42nd and Youngfield and the possibility of people parking in his business’ parking lot and leaving cars overnight.
Planning Commission Minutes - 8 – June 21, 2018
Courtney Hartman, Jefferson County Attorney’s Office 100 Jefferson County Parkway, Golden
Ms. Hartman fundamentally thinks it is not a good idea to have a bar next to a school. She would like to see the trash be located on the Northwest side of the property and she would like the site plan and special use permit process clarified.
Mr. Wallace Mendez explained that if the rezone is approved, a site plan will be required, and that is reviewed administratively. He also explained that if there was not going to be a rezone then the applicant would have to apply for a Special Use Permit for a microbrewery (which would require production onsite). If there is any
opposition during the Special Use Permit process, then the request will be
forwarded to City Council for review and final decision. Mr. Wallace Mendez also explained that the applicant will also have to apply for a liquor license which requires a public hearing process. If the Tap House were to ever change ownership then the new owner will have to apply for a liquor license.
Other Public concerns addressed by staff:
Potential conditions of approval (Hours of operation and fence)
Mr. Wallace Mendez explained that hours of operation would probably be addressed during the liquor license process, but a fence separating the school and Tap House could be added as a condition to the motion.
Traffic study results Mr. Wallace Mendez said he wasn’t positive when the 42nd and Xenon traffic study results will be available, but it will be sometime before July 9.
Parking lot concerns Mr. Wallace Mendez said within the restaurant category there is a minimum of 4 spaces per every 1000 square feet to a maximum of 10
spaces per every 1000 square feet. Staff will make sure the site plan
complies with these parking regulations. He also said that if patrons are parking on other properties then the police department can be called because it is considered trespassing.
Mr. Cutler mentioned that ADA spaces will be added and will meet the
requirement.
Trash location
Mr. Wallace Mendez said staff would have to look at the mixed use code sections and have a conversation with the applicant on the placement of the
Planning Commission Minutes - 9 – June 21, 2018
building. Mr. Cutler added the code says trash does need to be enclosed
and cannot be visible from the street.
Commissioner VOS ask if the applicant and the Head Start School have had a conversation.
Ms. McEahern responded no.
Commissioner VOS also recommended to Mr. Martin that his business put up No Parking signage and chains across the entrance of his parking lot, during off business hours. She also asked staff about a traffic survey being done at
Youngfield.
Mr. Wallace Mendez said that would be a question for Public Works. Commissioner PETERSON asked about having a no parking zone on 42nd
Avenue.
Mr. Wallace Mendez had a conversation with Public Works about this issue and because it is a public street then no parking zone cannot be enforced; the police department can enforce parking laws if driveways are being blocked. He also
explained that if safety issues arise due to parking on the street then Public Works
can identify if No Parking signs or other solutions would be adequate at that location. Commissioner PETERSON asked about the drop off/pickup times at the school
and how many children attend.
Ms. Perryman said there are 64 maximum children allowed at the school and there are 15 minute staggered drop off and pickup times.
Commissioner PETERSON did not feel the traffic study currently in process will
provide good evidence for the traffic coming and going to the Tap House. He feels the City can’t control the traffic on Xenon or 42nd from going to or coming from the Tap House.
Mr. Wallace Mendez added if the applicant wants to put up a no left turn sign
coming out of their driveway it is their prerogative but the City cannot enforce it. Commissioner VOS said she would like the applicant and the Head Start School to have a conversation for good relations between property owners if the zone change is approved.
Commissioner BUCKNAM thinks this MU-N zone change will be a good choice for this neighborhood and will give the property more flexibility in the future.
Planning Commission Minutes - 10 – June 21, 2018
It was moved by Commissioner LARSON and seconded by Commissioner LEO to recommend APPROVAL of Case No. WZ-18-12, a request for
approval of a zone change from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) for property located at 4288 Youngfield Street, 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.
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. With the following condition: 1. Add to site plan the installation of a 6-foot barrier fence of appropriate height between the Head Start School and the subject property to limit access to the school ground and mitigate noise. Motion Carried 5-1 with Commissioner PETERSON voting against. C. Case No. WZ-18-14: An application filed by RJP Investment Trust for approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-
N) for property located at 6701 West 44th 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 VOS wanted to confirm that Commercial Zone Districts can allow residential uses, but Residential Zone Districts cannot allow commercial uses.
Mr. Wallace Mendez generally agreed, but clarified. Residential uses in commercial zone districts are very limited and subject to very specific location and size limitations. General commercial uses are prohibited in residential zone districts, with the exception of home occupations, in which someone operates a small business from their home. This, again, has a list of criteria that must be
followed, and is limited in nature.
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 20-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6701 WEST
44TH AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED
USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-
14/POTRYKUS) PUBLIC HEARING ORDINANCES FOR 1ST READING (07/09/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/13/2018) 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 Mixed Use-Neighborhood (MU-N) for property located at 6701 W. 44th Avenue. The proposed rezoning area includes one parcel, the total size of which is slightly less than half an
acre. At this time the intent of the zone change is to allow the current tenant, an insurance agent, to live and work on the property. PRIOR ACTION: Planning Commission heard the request at a public hearing on June 21, 2018 and recommended
approval. The staff report and meeting minutes from the Planning Commission meeting are
attached. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the
amount of $881.25 were collected for the review and processing of Case No. WZ-18-14.
Council Action Form – Rezoning 6701 West 44th Avenue
August 13, 2018
Page 2 BACKGROUND: The property is located on the north side of 44th Avenue at Otis Street. The property is 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 originally built in 1910 and functioned as a house until
1982. In 1982 the property was rezoned from Residential-Three (R-3) to Commercial-One (C-1) and converted into a commercial structure. The property currently operates as an insurance office. Surrounding Land Uses
The site is zoned Commercial-One (C-1), and surrounding properties include a variety of
commercial and residential zoning designations and land uses. To the east and west along 44th Avenue are properties zoned C-1, Restricted Commercial (R-C), and Neighborhood Commercial (N-C), containing a variety of retail and service establishments including, but not limited to car wash, gas station, bar, hair salons, insurance agencies, and medical offices. To the southwest of
the subject property are two parcels that were rezoned to Mixed Use-Neighborhood (MU-N) in
2013. North of the subject property, removed from 44th Avenue is a residential area zoned Residential-Two (R-2) and Residential-Three (R-3), with primarily single-family homes and some duplexes and low-scale multi-family properties. To the south of 44th Avenue is a residential neighborhood zoned R-2, which predominately consists of single-family homes.
Current and Proposed Zoning The proposed zone district, MU-N, is a less intensive commercial zone district because it limits or disallows several of the larger scale and auto-oriented uses which are permitted in current C-1 zoning. A significant difference between the proposed MU-N and the existing C-1 is the treatment
of residential uses. 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 because the subject property was previously converted entirely to a commercial use, it cannot be converted back to a residential use under the current C-1 zoning.
Unlike in Commercial-One, residential uses are permitted with fewer restrictions than the ancillary
residential uses permitted under C-1. If the zone change is approved the property could be utilized purely as a commercial property, purely as a residential property, or as a mix of the two. The current owner is pursuing the zone change in order to allow his current tenant the ability to run her small business from the property, while also living there. Live/work arrangements are permitted
in MU-N. Because of the limits on commercial uses in residential zone districts, and the limits on
residential uses in commercial zone districts, the MU-N is the only appropriate straight zone district. At this time, the applicant is not proposing any new development or modifications to the site. If
the property is redeveloped in the future under the proposed MU-N zoning, an administrative site
plan review would be required to confirm that proposed development meets the standards of the mixed use zone district.
Council Action Form – Rezoning 6701 West 44th Avenue
August 13, 2018
Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 20-2018, an ordinance approving the rezoning of property
located at 6701 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) on second reading and that it take effect 15 days after final publication for the following reasons:
1. City Council has conducted a proper public hearing that meets all public notice
requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been 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. 20-2018, an ordinance approving the rezoning of property
located at 6701 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-
N) on second reading for the following reasons: 1. 2.
3. ”
REPORT PREPARED/REVIEWED BY: Zack Wallace, Planner II
Lauren Mikulak, Planning Manager
Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 20-2018
2. Planning Commission staff report with attachments 3. Planning Commission hearing minutes
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 20 ORDINANCE NO. _________ Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 6701 WEST 44TH AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-14 / POTRYKUS) 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, Robert Potrykus has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located at 6701 West 44th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses along W. 44th Avenue by virtue of it being designated a neighborhood commercial corridor; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on June 21, 2018 and voted to recommend approval of rezoning the property to Mixed-Use-Neighborhood (MU-N) , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Robert Potrykus for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 6701 W. 44th 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: A PART OF BLOCK 7, LAKE VIEW SUBDIVISION AND THE SW 1/4 OF THE
NW 1/4 OF SECTION 24, TOWNHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
P.M., BEING MORE PARTICULARLY DESRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 24, THENCE N 90 DEGREES 00 MINUES 00 SECONDS E ON AN ASSUMED
BEARING ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 24, A
DISTANCE OF 256.50 FEET; THENCE N 00 DEGREES 15 MINUTES 42 SECONDS W, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING, WHICH POINT IS ON THENORTHELY RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE CONTINUING N 00 DEGREES 15 MINUES 42
SECONDS W, A DISTANCE OF 140.55 FEET TO A POINT 140.00 FEET
ATTACHMENT 1
SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF WEST 44TH PLACE; THENCE S 81 DEGREES 51 MINUTES 20 SECONDS E, PARALLEL WITH
SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 75.53 FEET TO A
POINT ON THE EAST LINE OF THE WEST 331.50 FEET OF BLOCK 7, LAKEVIEW SUBDIVISION; THENCE S 00 DEGREES 15 MINUTES 43 SECONDS E, A DISTANCE OF 140.36 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE N 90
DEGREES 00 MINUTES 00 SECONDS W, ALONG SAID NORTHERLY RIGHT
OF WAY LINE, A DISTANCE OF 75.53 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING, ACCORIDNG TO THE RECORDED PLAT THEREOF, 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 9th day of July, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, August 13, 2018 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 ___________, 2018.
SIGNED by the Mayor on this _______ day of _______________, 2018. ______________________________________
Bud Starker, Mayor
ATTEST:
_______________________________________ Janelle Shaver, City Clerk
Approved as to Form _______________________________________
Gerald Dahl, City Attorney
1st publication: 2nd publication:
Wheat Ridge Transcript:
Effective Date:
Planning Commission 1 Case No. WZ-18-14 / Potrykus
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: June 21, 2018 CASE MANAGER: Zack Wallace Mendez
CASE NO. & NAME: WZ-18-14 / Potrykus ACTION REQUESTED: Approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N).
LOCATION OF REQUEST: 6701 W. 44th Avenue APPLICANT (S): Robert Potrykus, Trustee of RJP Investment Trust
OWNER (S): RJP Investment Trust APPROXIMATE AREA: 19,602 square feet (0.45 acres)
PRESENT ZONING: Commercial-One (C-1) COMPREHENSIVE PLAN: Neighborhood Commercial Corridor
ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2 Case No. WZ-18-14 / Potrykus
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST The applicant and current owner of the property has submitted this application requesting approval of a
zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N).
II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 6701 W. 44th Avenue. The property is approximately 0.45 acres in
size and located on the north side of 44th Avenue, at Otis Street. The property currently contains one
structure, constructed in 1910 as a house, per Jefferson County records (Exhibit 1, Aerial). The City’s original zoning map indicates this property was zoned Residential-Three (R-3) at the time of incorporation in 1969. This zoning remained in place until July 1982, when City Council approved a rezoning of the property from R-3 to Commercial-One (C-1). City permit records indicate that in
October 1982, permits were pulled to convert the residence into a commercial structure.
The properties adjacent to the subject property to the east along the north side of 44th Avenue are also zoned Commercial-One (C-1). Restricted Commercial (RC) zoned properties can be found along 44th Avenue to the west and south/southeast of the subject property. Also south of the property are two
parcels which were rezoned to Mixed Use-Neighborhood (MU-N) in 2013. Approximately two blocks
from the subject property in either direction are properties zoned Neighborhood Commerical (NC). Moving north and south, away from 44th Avenue, are residential neighborhoods, mostly zoned Residential-Two (R-2). While a few duplexes can be found in this residential area, single-family homes are the dominant housing type. To the north and northwest of the subject property are a few
multi-family residential properties, zoned Residential-Three (R-3) (Exhibit 2, Zoning Map).
III. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use-Neighborhood, a zone district
intended to provide medium density mixed-use development. In addition to residential and office uses,
it allows for a range of neighborhood-serving commercial and retail uses. MU-N zoning is intended for “neighborhood main streets,” such as 44th Avenue and 38th Avenue. The property is currently zoned Commercial-One (C-1). The C-1 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 applicant intends to rezone the property so he can offer the space as a location for a small business owner to both live and work. The applicant stated that he has received many requests for the property
to be a live-work location (Exhibit 3, Applicant Letter). The desire for live-work arrangements has
been noted in several previous zone change requests within this eastern portion of 44th Avenue. The property owner is not contemplating any redevelopment at this time. However, if the zone change is approved and in the future development is proposed for this property, Mixed Use development
Planning Commission 3 Case No. WZ-18-14 / Potrykus
standards will apply. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. In terms of permitted uses, MU-N allows commercial uses at a lesser intensity than the existing C-1 zoning, in addition to also allowing residential uses.
CURRENT ZONING Commercial-One (C-1) PROPOSED ZONING Mixed Use-Neighborhood (MU-N)
Uses Allows a wide range of commercial uses including office, general business, retail sales, and service establishments.
Allows residential, commercial or mixed use – includes multi-family and live/work facilities, excludes outdoor storage.
Architectural Standards
Traditional Overlay ASDM standards apply, including high quality architecture, standards related to articulation, variation, materials, and transparency.
Mixed-Use standards apply, including high
quality architecture, standards related to articulation, variation and materials.
Max. Building Height 50’ 35’ if the building has residential use 50’ for all other uses
Max. Building coverage 80% 90% for mixed use 85% for single use
Min. Landscaping 20% 10% for mixed use 15% for single use
Build-to Area 0-12’ along front property line 0-12’ along front property line
Setbacks Side Rear
0 feet if nonflammable or 5 feet per story 10 feet plus 5 feet per story
Side setback (adjacent to commercial): 0 feet Rear setback (adjacent to duplex): 10 feet for the first 2 stories, additional 5 feet for each additional story. Must be landscaped. 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. The change of zone will not result in adverse effects on the surrounding area. The rezoning would
allow a less intensive range of commercial uses than the current C-1 zoning, and encourage more
neighborhood-oriented businesses. The proposed zone change is not out of character with 44th Avenue and the array of businesses and residences located in the vicinity of the subject property, and thus should not have an adverse effect on the surrounding area. The MU-N zoning is expected to add value to the subject property and also to the surrounding
community. The mixed use development standards will support compatibility between future redevelopment and existing land uses. Based on the small size of the property, many of the more intensive permitted uses in MU-N zone district are likely unrealistic (such as multifamily uses or larger commercial uses).
Staff concludes that this criterion has been met.
Planning Commission 4 Case No. WZ-18-14 / Potrykus
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. Infrastructure currently serves the property, and all responding agencies have indicated they can
serve the property. In the event that the current utility capacity is not adequate for a future use or
development, the property owner/developer would be responsible for utility upgrades. 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. West 44th Avenue is a primary east-west thoroughfare in the City, is classified as a minor arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City’s 2009
comprehensive plan, identifies this corridor as a Neighborhood Commercial Corridor. This
designation envisions a corridor with a broad mix of activities, including small-scale, pedestrian-friendly mixed-use retail, commercial businesses, and residential, with a focus on promoting a compatible mix of uses to supply daily services and meet the needs of adjacent residential areas. A stated goal in the comprehensive plan is to promote reinvestment in
property and to promote a mix of neighborhood supporting uses, including residential and
commercial. As such, this zone change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City’s mixed use goals for this corridor.
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. 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
MU-N neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable.
Planning Commission 5 Case No. WZ-18-14 / Potrykus
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 16, 2018. There were no neighbors in attendance. 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 comments. Wheat Ridge Sanitation District: No objection.
West Metro Fire Protection District: No objection. Century Link: No objection.
Xcel Energy: No objection. 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-18-14.
Planning Commission 6 Case No. WZ-18-14 / Potrykus
VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-18-14, a request for approval of a zone change
from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 6701 W.
44th 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 44th Avenue. 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-18-14, a request for approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 6701 W. 44th Avenue, for the following reasons:
1. 2. …”
Planning Commission 7 Case No. WZ-18-14 / Potrykus
EXHIBIT 1: AERIAL
Planning Commission 8 Case No. WZ-18-14 / Potrykus
EXHIBIT 2: ZONING MAP
Planning Commission 9 Case No. WZ-18-14 / Potrykus
EXHIBIT 3: APPLICANT LETTER
Planning Commission 10 Case No. WZ-18-14 / Potrykus
Planning Commission 11 Case No. WZ-18-14 / Potrykus
EXHIBIT 4: COMPREHENSIVE PLAN
44th Ave.
Ha
r
l
a
n
St
.
Subject Property
Neighborhood
Commercial Corridor
(44th Avenue)
Planning Commission 12 Case No. WZ-18-14 / Potrykus
EXHIBIT 5: SITE PHOTOS
View of the subject property looking north from 44th Avenue.
View of the subject property (left) and the 44th Avenue frontage.
Planning Commission 13 Case No. WZ-18-14 / Potrykus
Looking northeast into the property from near the western boundary of the property.
Looking northwest into the property from near the eastern boundary of the property.
Planning Commission Minutes -10 –June 21, 2018
It was moved by Commissioner LARSON and seconded by Commissioner LEO to recommend APPROVAL of Case No. WZ-18-12, a request for
approval of a zone change from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) for property located at 4288 Youngfield Street, 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 onthe surrounding area.2.Utility infrastructure adequately services the property.3.The proposed zone change is consistent with the goals and objectives ofthe City’s Comprehensive Plan.
4.The zone change will provide additional opportunity for reinvestmentin the area.5.The criteria used to evaluate a zone change support the request.
With the following condition:
1.Add to site plan the installation of a 6-foot barrier fence of appropriateheight between the Head Start School and the subject property to limitaccess to the school ground and mitigate noise.
Motion Carried 5-1 with Commissioner PETERSON voting against.
C.Case No. WZ-18-14: An application filed by RJP Investment Trust for approvalof a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-
N) for property located at 6701 West 44th Avenue.
Mr. Wallace Mendez gave a short presentation regarding the Zone Change and theapplication. He entered into the record the contents of the case file, packetmaterials, 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 VOS wanted to confirm that Commercial Zone Districts can allowresidential uses, but Residential Zone Districts cannot allow commercial uses.
Mr. Wallace Mendez generally agreed, but clarified. Residential uses incommercial zone districts are very limited and subject to very specific location andsize limitations. General commercial uses are prohibited in residential zonedistricts, with the exception of home occupations, in which someone operates asmall business from their home. This, again, has a list of criteria that must be
followed, and is limited in nature.
ATTACHMENT 3
Planning Commission Minutes - 11 – June 21, 2018
Commissioner BUCKNAM asked if the property boundary to the north contains
part of the property to the north, due to the relationship of the fence and asked if it
could affect the zone change. Mr. Wallace Mendez said that the parcel lines on the City’s maps come from the Jefferson County Assessor’s office, and represent taxable parcels and should not be
used to determine legal lot line locations. While the maps are typically a bit off,
Mr. Wallace Mendez did agree that a rather large portion of the property to the north appeared to be within the limits of the subject property. It is possible that previous owners had a handshake agreement to utilize that portion of the property, or a similar situation. In any case, Mr. Wallace Mendez said that the zone change
will apply to the boundary of the legal description for the subject property.
Robert Potrykus, applicant 1410 Carr Street, Lakewood
Mr. Potrykus gave a brief description of this property he has owned since 2013 and said some of his tenants would like it to be live/work property and that is why he is asking for the Mixed-Use zone change.
Commissioner LEO asked if anybody is living there now.
Mr. Potrykus said nobody lives there at the moment. The current tenant, an Allstate Insurance agent, has inquired about a live/work arrangement.
Mr. Wallace Mendez added he forgot to mention that the structure was originally
built as a home in 1910, but converted to a commercial structure in the 1980’s. Commissioner VOS confirmed if MU-N would allow 35 feet for residential and 50 feet for commercial, and how parking would fit on the site.
Mr. Wallace Mendez said it would be unlikely the site could support a 5 story (approximately 50 foot tall) commercial building, as it is unlikely a parcel this size could support the amount of parking a building like that would require. With regards to residential parking, a minimum of 1 space per unit with maximum of 2.5
spaces is allowed.
Commissioner BUCKNAM asked if there could be underground parking. Mr. Wallace Mendez said yes, underground parking is allowed. He added that it is expensive and the Code does have standards for such structures that would need to
be followed. Commissioner VOS asked if landscaping would be required.
Planning Commission Minutes - 12 – June 21, 2018
Mr. Wallace Mendes said if the property is redeveloped then it would have to
follow the landscaping requirements.
It was moved by Commissioner LEO and seconded by Commissioner VOS to recommend APPROVAL of Case No. WZ-18-14, a request for approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 6701 West 44th 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 44th Avenue. 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. Motion carried 6-0. 8. OLD BUSINESS 9. NEW BUSINESS
10. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner PETERSON to adjourn the meeting at 9:20 p.m. Motion carried 6-0. __________________________ _______________________________ Alan Bucknam, Chair Tammy Odean, Recording Secretary
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 21-2018 – AN ORDINANCE ADOPTING A NEW SECTION 2-9 OF THE WHEAT RIDGE CODE OF
LAWS CONCERNING THE RETENTION OF INTEREST
EARNED ON ESCROW ACCOUNTS HELD BY THE CITY
PUBLIC HEARING ORDINANCES FOR 1ST READING (07/23/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/13/2018) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ City Treasurer City Manager ISSUE: City Treasurer DiTullio has determined that there is a significant cost associated with City staff receiving and administering monies deposited into multiple escrow accounts for various purposes mandated by the Code of Laws. Exact accounting and record keeping of each small escrow
account and interest earned thereon would be extremely burdensome and impractical for City staff to reasonably achieve. This code amendment will allow the City to retain interest on such escrow accounts. Treasurer DiTullio has reviewed the ordinance and supports the code change. Additionally, the treasurer also recommends that all future escrow documents clearly state that escrow funds are not paid interest.
PRIOR ACTION: The City Treasurer advised City Council of this issue at a previous City Council meeting and the City Attorney received consensus from City Council at the July 9 regular meeting to bring forward
an ordinance for approval.
FINANCIAL IMPACT: The current escrow accounts with the City are estimated to generate approximately $3,000 of interest annually.
Council Action Form – Retention of Interest on Escrow Accounts
August 13, 2018
Page 2 BACKGROUND: City Treasurer DiTullio has been transferring funds to the local government investment pool,
CSAFE, to earn a more competitive interest rate on taxpayers’ funds, including escrow accounts. The Treasurer has raised the question to the City Attorney if the City is legally required to pay interest on escrow accounts. The City Attorney has determined the answer is no.
The City should not be required to track or provide accounting for interest earned on multiple and
small escrow accounts. Such retained interest will compensate the City, in part, for its cost of escrow account administration. This code amendment applies to escrow held and maintained by the City under the Code of Laws,
including, but not limited to the following:
(1) Commercial or industrial projects (Sec 5-45) (2) Permits for work in the public ways, streets and sidewalks (Sec 21-20 and 21-52) (3) Enhanced sales tax incentive program (Sec 22-82)
(4) Business development zone program (Sec. 22-92)
(5) Landscaping (Sec 26-502) RECOMMENDED MOTION: “I move to approve Council Bill No. 21-2018, an ordinance adopting a new section 2-9 of the
Wheat Ridge Code of Laws concerning the retention of interest earned on escrow accounts held by
the City, on second reading, and that it take effect 15 days after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 21-2018, an ordinance adopting a new section
2-9 of the Wheat Ridge Code of Laws concerning the retention of interest earned on escrow accounts held by the City, for the following reason(s):_____________________________.” REPORT PREPARED/REVIEWED BY: Jerry DiTullio, City Treasurer
Jerry Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 21-2018
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE
Council Bill No. 21 Ordinance No. _______ Series 2018 TITLE: AN ORDINANCE ADOPTING A NEW SECTION 2-9 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING THE RETENTION OF INTEREST EARNED ON ESCROW ACCOUNTS HELD BY THE CITY WHEREAS, the City of Wheat Ridge (“City”) is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to enact laws to govern and regulate the development of land and the construction and design of public and private improvements within its territory; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council (“Council”)
previously adopted regulations, codified within the Wheat Ridge Code of Laws (“Code”),
including the requirement that escrow accounts be established from time to time; and
WHEREAS, the Council determines that there is a significant cost associated with City staff receiving and administering monies deposited into escrow accounts for various purposes mandated by the Code and by the City staff executing its duties
enumerated with the Code; and
WHEREAS, exact accounting and record keeping of each small escrow account and interest earned would be extremely burdensome and impractical for City staff; and WHEREAS, the Council further determines that the City staff should not be
required to track or provide accounting for interest earned on escrow accounts; and
WHEREAS, the Council has now determined that it is in the best interests of the safety, health and welfare of the citizens of Wheat Ridge to retain interest earned on escrow accounts held by the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Chapter 2 of the Wheat Ridge Code of Laws is amended by the
adoption of a new section 2-9 as follows:
Sec. 2-9. – Retention of Interest Earned on Escrow Accounts.
ATTACHMENT 1
(a) Legislative Findings. The City Council hereby finds and determines:
(1) There is a significant cost associated with City staff receiving and
administering monies deposited into escrow accounts for various
purposes mandated by the Code of Laws and by the City Manager and his or her delegates executing their duties enumerated with the Code of Laws.
(2) Exact accounting and record keeping of each small escrow account
and interest earned thereon would be extremely burdensome and
impractical for City staff to reasonably achieve.
(3) The City should not be required to track or provide accounting for interest earned on escrow accounts.
(4) The City should retain any interest that may be earned while monies
are held in escrow accounts.
(5) Such retained interest will compensate the City, in part, for its costs of escrow account administration.
(b) Applicability. This Section applies to escrow held and maintained by the City
under the Code of Laws, including, but not limited to the following:
(1) Commercial or industrial projects (Sec 5-45)
(2) Permits for work in the public ways, streets and sidewalks (Sec 21-20 and 21-52)
(3) Enhanced sales tax incentive program (Sec 22-82)
(4) Business development zone program (Sec. 22-92)
(5) Landscaping (Sec 26-502)
(c) Interest Retained. Any interest earned by the City on escrow accounts held and maintained by the City shall be retained by the City. There shall be no
expectation that the City return or provide accounting for said interest.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 23rd day of July, 2018, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 13, 2018, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ______ to ______, this ________ day of _____________________, 2018.
SIGNED by the Mayor on this ________ day of ____________________, 2018.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: July 26, 2018
Second Publication: Wheat Ridge Transcript Effective Date:
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 23-2018 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY OF WHEAT RIDGE IN
A PORTION OF MILLER STREET, A PUBLIC ROADWAY,
ADJACENT TO 5185 MILLER STREET (CASE NO. WV-18-
01/ROUSH INDUSTRIES) PUBLIC HEARING ORDINANCES FOR 1ST READING (08/13/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/10/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ________________________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of a right-of-way vacation for a remnant section of right-of-way formerly used for Miller Street. The right-of-way section requested for vacation was abandoned as a thoroughfare in the early 2000s when Miller street was rerouted to the east.
PRIOR ACTION: Planning Commission heard the request at a public hearing on July 19, 2018 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed vacation is not expected to have a direct financial impact on the City. Fees in the amount of $725.00 were collected for the review and processing of Case No. WV-18-01. BACKGROUND: The property located at 5185 Miller Street is bisected by a remnant section of right-of-way
formerly used for Miller Street. The reason for the remnant is based on a series of plats that were
Council Action Form – Miller Street ROW Vacation
August 13, 2018
Page 2 approved when this land area was part of Arvada and the property to the east (Arvada Ridge
Market Place) was entitled for redevelopment. During the redevelopment of the Arvada Ridge site,
a new roadway was platted to the east of the Miller Street alignment. Through traffic was shifted to that new roadway (still called Miller Street), and it provides access to the shopping center and apartments within the City of Arvada, as well as to the industrial properties within the City of Wheat Ridge. The City of Wheat Ridge annexed the entirety of the new Miller Street in 2004. A
southerly portion of the former Miller Street was vacated in 2006. The subject property adjacent to
5185 Miller Street is the only remnant portion of right-of-way that still currently exists. The applicant requesting this action currently leases the building at 5185 Miller Street and is requesting the vacation so they can have better control over who parks within this section of right-
of-way. As public right-of-way the public can park within this area. The proximity of the
abandoned right-of-way to the property access point onto Miller Street has caused safety issues for the applicant in their daily use of the site. The Public Works Department has requested that a drainage and utility easement be maintained
over the entirety of the right-of-way proposed to be vacated. Dedication of this easement will be
written into the vacation ordinance and, if approved, happen simultaneously with the vacation. Creation of a utility easement is standard protocol when remnant right-of-way is vacated. Valley Water District has also requested an exclusive easement to access and maintain their water main, which the applicant is actively working on and will be required to have in place prior to the public
hearing.
RECOMMENDED MOTION: “I move to approve Council Bill No. 23-2018, an ordinance vacating any interest held by the City of Wheat Ridge in a portion of Miller Street, a public roadway, adjacent to 5185 Miller Street on
first reading for the sole purpose of ordering it published and for a public hearing set for Monday,
September 10, 2018 at 7 pm in City Council Chambers, and, if adopted, that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Zack Wallace, Planner II
Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 23-2018
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. 23 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE VACATING ANY INTEREST HELD BY THE
CITY OF WHEAT RIDGE IN A PORTION OF MILLER STREET, A PUBLIC ROADWAY, ADJACENT TO 5185 MILLER STREET (CASE NO. WV-18-01/ROUSH INDUSTRIES)
WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the
public and the landowners abutting such rights-of-way; and
WHEREAS, the Miller Street right-of-way between Ridge Road and West 52nd Avenue was realigned pursuant to dedication on the Arvada Ridge plat recorded on December 14, 2004; and
WHEREAS, Miller Street between Ridge Road and West 52nd Avenue was
reconstructed to the new alignment in 2006; and
WHEREAS, a portion of right-of-way from the now obsolete Miller Street alignment is unneeded for public roadway purposes; and
WHEREAS, a drainage and utility easement shall be retained by the City of Wheat Ridge over the entirety of the right-of-way proposed for vacation; and
WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I)
and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of this area; and
WHEREAS, the portion of the Miller Street right-of-way to be vacated and which
is the subject of this ordinance is more fully described on Exhibit A attached hereto and
fully incorporated herein by this reference; and
WHEREAS, no property abutting said public roadway will be left without an established public road or private-access easement connecting said land with another established public road.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Vacation. To the extent of any City interest therein, the following portion of the Ridge Road right-of-way is hereby vacated, the same being no longer required for public use and the public interest will be served by such
vacation, as more particularly described on the attached Exhibit A.
ATTACHMENT 1
Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 13th day of August, 2018, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for September 10, 2018 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this _____ day of ______________, 2018.
SIGNED by the Mayor on this _____ day of ____________, 2018.
_________________________
Bud Starker, Mayor ATTEST:
_________________________ Janelle Shaver, City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication:
Second Publication: Wheat Ridge Transcript Effective Date:
Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
Exhibit A
Legal description:
A PORTION OF MILLER STREET RIGHT-OF-WAY TO BE VACATED, A PORTION OF LAND BEING IN THE EAST ONE-HALF OF SECTION 16, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRINCIPLE MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, WHENCE THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 16 BEARS S 00°12’11” E, FORMING THE BASIS OF
BEARING FOR THIS DESCRIPTION; THENCE S 00°12’11” E, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 72.51 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING S 00°12’11” E A DISTANCE OF 146.55 FEET
TO A POINT OF THE NORTH LINE OF THE ROCKY MOUNTAIN BOTTLING SUBDIVISION; THENCE S 89°33’02” W ALONG SAID NORTH LINE A DISTANCE OF 30.00 FEET; THENCE N 00°12’11” W A DISTANCE OF 219.20 FEET; THENCE N 00°12’53” W A DISTANCE OF 119.50 FEET; THENCE 195.14 FEET ALONG AN ARC
OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF
17°44’49”, A RADIUS OF 630.00 FEET AND A CHORD WHICH BEARS S 09°05’23” W A DISTANCE OF 194.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 6299.7 SQ.FT. \ 0.14 ACRES MORE OR
LESS
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 24-2018 – AN ORDINANCE EXTINGUISHING ANY RIGHTS OR INTEREST HELD BY
THE CITY IN A SLOPE EASEMENT PE-55A ASSOCIATED WITH TAFT COURT, A PUBLIC ROADWAY PUBLIC HEARING ORDINANCES FOR 1ST READING (08/13/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/27/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
____________________________ ______________________________ Director of Public Works City Manager ISSUE:
The City of Wheat Ridge holds in trust for the public a slope easement designated PE-55A (“Easement”) along the easterly side of Taft Court for the purpose of maintaining a roadway embankment. A landowner wishes to develop the area of land lying east of Taft Court that includes the embankment currently encumbered by the Easement. To allow development of the
land the Easement must be extinguished.
PRIOR ACTION: Acceptance of the Easement reassignment from RTD to the City of Wheat Ridge on July 23, 2018.
FINANCIAL IMPACT:
None. Extinguishment of the Easement will benefit the City by removing the responsibility of embankment maintenance. BACKGROUND: On June 23, 2011 the City of Wheat Ridge and the Regional Transportation District (“RTD”)
entered into an Intergovernmental Agreement (“IGA”) for the Gold Line (currently referred to as the “G-Line”) Commuter Railway project (the “Project”). Section 6.2 of the IGA states that RTD
Council Action Form – Slope Easement PE-55A Extinguishment
August 13, 2018
Page 2 will design and construct Taft Court as part of the Ward Road Station access and street grid
system of the Project. During the design process it was determined that due to elevation
differences between the proposed Taft Court roadway and the adjacent property to the east, an embankment would need to be constructed along the easterly side of Taft Court to support the roadway. Because the embankment would encroach onto a strip of privately-owned land lying along the east side of Taft Court, an easement would need to be acquired from the underlying
landowner.
On December 12, 2012 RTD acquired a slope easement designated PE-55A (“Easement”) from the underlying landowner to allow for construction of the Taft Court roadway embankment by the RTD contractor. The owner of the underlying land now wishes to develop the land within
the Easement area, and during the course of development will be importing sufficient fill
material to the site to negate further need of the Easement. It is recommended that the Easement be extinguished by the City in order to allow the owner to fully develop the property. RECOMMENDATION: Staff recommends approval of the attached ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 24-2018, an ordinance extinguishing any rights or interest held by the City in a Slope Easement PE-55A associated with Taft Court, on first reading, order
it published, public hearing set for Monday, August 27, 2018, at 7 p.m. in City Council
Chambers, and that it take effect 15 days after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 24-2018, an ordinance extinguishing any
rights or interest held by the City in a slope easement PE-55A associated with Taft Court for the following reason(s) . REPORT PREPARED/REVIEWED BY: Dave Brossman, Development Review Engineer
Scott Brink, Public Works Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 24-2018
2. Exhibit A 3. Reference Map
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. 24 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE EXTINGUISHING ANY RIGHTS OR
INTEREST HELD BY THE CITY IN A SLOPE EASEMENT ASSOCIATED WITH TAFT COURT, A PUBLIC ROADWAY WHEREAS, the City of Wheat Ridge holds a slope easement designated PE-55A along the easterly side of Taft Court in trust for the public; and
WHEREAS, a landowner wishes to develop the area of land lying immediately
east of Taft Court, said land being encumbered by Slope Easement PE-55A; and
WHEREAS, upon development of the land lying immediately east of Taft Court, sufficient fill material will be imported to the site so as to negate the original purpose for Slope Easement PE-55A; and
WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I)
and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the removal and extinguishment of the slope easement; and
WHEREAS, the Slope Easement PE-55A to be extinguished and which is the
subject of this ordinance is more fully described on Exhibit A attached hereto and fully
incorporated herein by this reference.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Extinguishment. To the extent of any City rights or interest
therein, Slope Easement PE-55A is hereby removed, terminated, and
extinguished, the same being no longer required for public use and the public interest will be served by such removal and extinguishment, as more particularly described on the attached Exhibit A.
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Recording. This Ordinance shall be filed for record with the office
of the Jefferson County Clerk and Recorder.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
ATTACHMENT 1
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___
on this 13th day of August, 2018, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for August 27, 2018 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this _____ day of ______________, 2018. SIGNED by the Mayor on this _____ day of ____________, 2018.
_________________________ Bud Starker, Mayor ATTEST:
_________________________ Janelle Shaver, City Clerk
Approved as to Form _________________________
Gerald E. Dahl, City Attorney
First Publication: Second Publication: Wheat Ridge Transcript
Effective Date:
Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us
ATTACHMENT 2
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CLIENT PROJECT NO.
REVISION DESCRIPTION
JACOBS ENG. PROJECT NO.
DRAWN
REVISION:
TITLE:
DATE
DRAWING NO.
SCALE
SHEET NO.
(303) 820-5240 Fax (303) 820-4842THIS MATERIAL AND ANY ASSOCIATED ELECTRONIC DATA WASPREPARED BY JACOBS ENGINEERING GROUP FOR THE PROJECTINDICATED. ANY REUSE OR MODIFICATION WITHOUT THE WRITTENCONSENT OF JACOBS ENGINEERING GROUP SHALL BE AT THE SOLERISK OF THE USER.
RTD Gold Line Corridor Commuter RailWheat Ridge, Jefferson County, Colorado
SE1/4 Section 17, T3S R69W, 6th P.M.
WVXV7416
072120
707 17th Street, Suite 2400, Denver CO 80202 Parcel No. PE-55A
PE-55A.DWG 1 OF 1
-
DAM 11-17-2017 1"=60'
ATTACHMENT 3
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 25-2018 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF
RIDGE ROAD, A PUBLIC ROADWAY PUBLIC HEARING ORDINANCES FOR 1ST READING (08/13/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/27/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
____________________________ ______________________________ Director of Public Works City Manager ISSUE: The City of Wheat Ridge holds rights-of-way in trust for the public. The Ridge Road right-of-way (“ROW”) acquired by the Regional Transportation District (“RTD”) is excessively wide just west of Tabor Street; the current street standards can be met within a narrower ROW width. A strip of ROW approximately 20 feet in width, along the north side of Ridge Road between Tabor
Street and Taft Court, has been deemed to be excessive and unnecessary by Public Works. PRIOR ACTION: Acceptance of a Quit Claim Deed from RTD to the City of Wheat Ridge on July 23, 2018.
FINANCIAL IMPACT:
None. The ROW is currently owned and maintained by the City of Wheat Ridge. BACKGROUND: On July 23, 2011 the City of Wheat Ridge and RTD entered into an Intergovernmental
Agreement (“IGA”) for the Gold Line (currently referred to as the “G-Line”) Commuter Railway
project (the “Project”). Section 6.2 of the IGA states that RTD will design and construct W. 50th Place (now renamed to Ridge Road) between Tabor Street and Ridge Road as part of the Ward Road Station access and street grid system of the Project. The IGA between the City and RTD states the City agrees to take ownership of the improvements associated with the Project once
Council Action Form – Ridge Road ROW Vacation
August 13, 2018
Page 2 constructed, which includes the public ROW acquired to construct and maintain said
improvements.
During the course of the Project, RTD acquired ROW along Ridge Road they deemed necessary at the time to provide adequate access to the Ward Road Station. However, subsequent to the construction of the public improvements along Ridge Road it has been determined that the
amount of ROW acquired was excessive. A strip of ROW approximately 20 feet in width along
the north side of Ridge Road, between Tabor Street and Taft Court, could be vacated and returned back to the adjacent landowner without any adverse impact to the City. RECOMMENDATION: Staff recommends approval of the attached ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 25-2018, an ordinance vacating any interest held by the City in a portion of Ridge Road, on first reading, order it published, public hearing set for
Monday, August 27, 2018, at 7 p.m. in City Council Chambers, and that it take effect 15 days
after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 25-2018, an ordinance vacating any interest
held by the City in a portion of Ridge Road for the following reason(s) ________________.” REPORT PREPARED/REVIEWED BY: Dave Brossman, Development Review Engineer
Scott Brink, Public Works Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 25-2018
2. Exhibit A
3. Area Map
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. 25 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE OF THE CITY OF WHEAT RIDGE
VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF RIDGE ROAD, A PUBLIC ROADWAY
WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and
WHEREAS, Ridge Road between Tabor Street and Taft Court was recently
constructed; and
WHEREAS, a portion of right-of-way along the northerly side of Ridge Road is unneeded for public roadway purposes; and
WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I)
and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined
that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of this area; and
WHEREAS, the portion of the Ridge Road right-of-way to be vacated and which is the subject of this ordinance is more fully described on Exhibit A attached hereto and
fully incorporated herein by this reference; and
WHEREAS, no property abutting said public roadway will be left without an established public road or private-access easement connecting said land with another established public road.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Vacation. To the extent of any City interest therein, the following portion of the Ridge Road right-of-way is hereby vacated, the same being no longer required for public use and the public interest will be served by such vacation, as more particularly described on the attached Exhibit A.
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Recording. This Ordinance shall be filed for record with the office
of the Jefferson County Clerk and Recorder.
ATTACHMENT 1
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 13th day of August, 2018, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for August 27, 2018 at 7:00 p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2018.
SIGNED by the Mayor on this _____ day of ____________, 2018.
_________________________
Bud Starker, Mayor
ATTEST:
_________________________
Janelle Shaver, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication:
Second Publication: Wheat Ridge Transcript Effective Date:
Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
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ATTACHMENT 3
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 48-2018 - A RESOLUTION APPROVING THE CONSOLIDATED SERVICE PLAN FOR THE YARROW
GARDENS METROPOLITAN DISTRICT
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager
ISSUE: The City Council is asked to approve the service plan for the Yarrow Gardens Metropolitan District, a taxing district to be used to finance certain improvements for a residential development. Service plan approval is the means by which the City oversees
the creation of such districts, which are ultimately approved for formation by the district
court.
PRIOR ACTION: The Council received a presentation by the project developer at a study session, during which the developer described the purposes for creation of the district.
FINANCIAL IMPACT: No financial impacts on the City. The district would be authorized to impose a mill levy on the properties within the District for the purpose of supporting bonds for construction of improvements and for the purpose of maintaining them.
BACKGROUND: Metropolitan districts are commonly used by developers to finance the construction and maintenance of facilities needed for the project, including roads, sidewalks, drainage, lighting and utilities. This proposed district would be for such purposes. The state statute allows private
Council Action Form – Consolidated Service Plan for Yarrow Gardens
August 13, 2018
Page 2 property owners to form such districts upon approval by the district court. The City has authority
to review and approve, approve with conditions or disapprove the service plan, which details
what services will be provided by the district, and by what financing tools (mill levy, bonds, etc.). The attached service plan does this. The City Council’s approval of the service plan is a required precondition to the district court’s approval of the formation of the district. RECOMMENDATION:
Staff recommends approval of the resolution. RECOMMENDED MOTION: “I move to approve Resolution No 48-2018, a resolution approving the Consolidated
Service Plan for the Yarrow Gardens Metropolitan District.”
Or, “I move to postpone indefinitely Resolution No 48-2018, a resolution approving the
Consolidated Service Plan for the Yarrow Gardens Metropolitan District, for the
following reason(s): ” REPORT PREPARED BY; Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution 48-2018 2. Service Plan
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 48
Series of 2018 TITLE: A RESOLUTION APPROVING THE CONSOLIDATED SERVICE PLAN FOR THE YARROW GARDENS METROPOLITAN DISTRICT
WHEREAS, the Yarrow Gardens Metropolitan District (“District”) is being organized pursuant to the Colorado Special District Act §§ 32-1-101, et seq., C.R.S.; and
WHEREAS, the District has submitted the District’s Service Plan for City Council
approval (the “Service Plan”); and WHEREAS, the Service Plan provides for the District’s provision and financing of public improvements and services for the development of a residential project within the
City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
1. The above and foregoing recitals are incorporated herein by reference and are
adopted as findings and determinations of the City. 2. The City further finds and determines that all applicable requirements of §§ 32-1-202(2), 32-1-203(2) and 32-1-204.5, C.R.S. relating to the submittal and
requirements of the Service Plan and the consideration thereof by the City, have
been met. 3. Based upon the Service Plan, the City hereby determines as follows:
• The Service Plan meets the requirements of § 32-1-202 (2), C.R.S. regarding the contents thereof.
• The Service Plan meets the requirements of §32-1-203(2) as follows:
o The Service Plan demonstrates a sufficient existing and projected
need for the provision of organized service within the District’s boundaries.
o Without the District, the existing service in the area is inadequate to serve the services proposed to be provided within the District’s
boundaries.
o The District is capable of providing economical and sufficient service to the area within its proposed boundaries.
ATTACHMENT 1
o The area included within the District’s boundaries and financing mechanisms contemplated in the Service Plan have, or will have, the
financial ability to discharge the proposed indebtedness on a
reasonable basis. 4. Pursuant to § 32-1-204.5(1), C.R.S., the City does hereby approve the Service Plan as submitted to the City on June 22, 2018.
5. A certified copy of this Resolution shall be attached to the Service Plan as Exhibit H, filed in the records of the City, and the Petition for the organization of the District shall be required to comply with all other filings required by law.
6. All resolutions or parts thereof in conflict with the provisions hereof shall be and
the same are hereby repealed. DONE AND RESOLVED this 13th day of August 2018.
By: _____________________________ Bud Starker, Mayor
ATTEST:
______________________________ Janelle, Shaver, City Clerk
SERVICE PLAN FOR YARROW GARDENS METROPOLITAN DISTRICT
Prepared By:
White Bear Ankele Tanaka & Waldron, Professional Corporation 2154 E. Commons Avenue, Suite 2000 Centennial, Colorado 80122
Approved ______, 2018
ATTACHMENT 2
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TABLE OF CONTENTS
I.INTRODUCTION .............................................................................................................. 1 A.Purpose and Intent................................................................................................... 1 B.Need for the District................................................................................................ 1 C.Objective of the City Regarding Service Plan. ....................................................... 1
II. DEFINITIONS .................................................................................................................... 2
III. BOUNDARIES PROPOSED LAND USE/POPULATION PROJECTIONS/ ASSESSEDVALUATION ..................................................................................................................... 3
IV. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES ....... 4 A.Powers of the District and Service Plan Amendment. ............................................ 4 1.Operations and Maintenance Limitation ..................................................... 4
2.Fire Protection Limitation ........................................................................... 4 3.Construction Standards Limitation ............................................................. 4 4.Inclusion Limitation .................................................................................... 4 5.Overlap Limitation. ..................................................................................... 5 6.Total Debt Issuance Limitation ................................................................... 5
7.Fee Limitation ............................................................................................. 5 8.Consolidation Limitation ............................................................................ 5 9.Bankruptcy Limitation ................................................................................ 5 10.Service Plan Amendment Requirement ...................................................... 5 B.Preliminary Engineering Survey. ............................................................................ 6
C.Other Powers. .......................................................................................................... 6 D.Facilities to be Constructed and/or Acquired.......................................................... 6
V.FINANCIAL PLAN............................................................................................................ 7 A.General. ................................................................................................................... 7 B.Maximum Voted Interest Rate and Maximum Underwriting Discount. ................ 7
C.Maximum Debt Mill Levy. ..................................................................................... 7 D.Maximum Debt Mill Levy Imposition Term. ......................................................... 8 E.Debt Repayment Sources. ....................................................................................... 8 F.Security for Debt. .................................................................................................... 9 G.TABOR Compliance. .............................................................................................. 9
H.District’s Operating Costs. ...................................................................................... 9
VI. ANNUAL REPORT ........................................................................................................... 9 A.General. ................................................................................................................... 9 B.Reporting of Significant Events. ............................................................................. 9
VII. DISSOLUTION ................................................................................................................ 10
VIII. DISCLOSURE TO PURCHASERS ................................................................................. 11
IX. INTERGOVERNMENTAL AGREEMENT .................................................................... 11
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X. CONCLUSION ................................................................................................................. 11
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LIST OF EXHIBITS
EXHIBIT A Legal Description of District EXHIBIT B District Boundary Map EXHIBIT C City of Wheat Ridge Vicinity Map
EXHIBIT D Proof of Ownership
EXHIBIT E Intergovernmental Agreement between the District and the City of Wheat Ridge
EXHIBIT F Pro Forma Capital Plan
EXHIBIT G Pro Forma Financial Plan
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I. INTRODUCTION A. Purpose and Intent.
The purpose of the District will be to provide all or a portion of Public Improvements as further defined and described in this Service Plan (within and without the
District’s boundaries as will be determined by a District’s Board to be in the best interest of the District and in accordance with the Service Plan), for the benefit of the residents and taxpayers located within the Project. The primary purpose of the District will be to finance the construction of these Public Improvements and have authorization as is necessary to own, operate and maintain Public Improvements not otherwise transferred to the another public entity. The District shall also
be authorized, but not required, to provide covenant enforcement and design review services in accordance with state statute. Upon completion to City standards, the District will convey to the City such Public Improvements as are constructed by the District in accordance with the Approved Development Plan. The District is an independent unit of local government, separate and distinct from the City, and, except as may otherwise be provided for by State or local law or this Service
Plan, their activities are subject to review by the City only insofar as they may deviate in a material matter from the requirements of the Service Plan.
B. Need for the District.
The Project is not presently served with the facilities and/or services proposed to
be provided by the District, nor does the City nor any other special district have any plans to provide such services within a reasonable time and on a comparable basis. There are currently no other governmental entities, including the City, located in the immediate vicinity of the District that considers it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and financing of the Public Improvements
needed for the Project. The District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. Approval of this Service Plan shall not indicate, implicitly or expressly, that any land use applications now on file with the City or any land use applications filed in the future will be approved by the City.
C. Objective of the City Regarding Service Plan.
The City’s objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, demolition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District and to further authorize the District for the continued ownership, operation and
maintenance of certain of the Public Improvements. All Debt is expected to be repaid by taxes
imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term and at a tax mill no higher than the Maximum Debt Mill Levy, and/or repaid by Fees as limited by Section IV.A.7. Debt which is issued within these parameters will insulate property owners from excessive tax and Fee burdens to support the servicing of the Debt and will result in a timely and reasonable
discharge of the Debt.
This Service Plan is intended to establish financial constraints and requirements associated with the District that are not to be violated under any circumstances. The primary
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purpose is to provide for the Public Improvements and services associated with development and
regional needs.
The District shall be authorized to finance the Public Improvements that can be funded from Debt to be repaid from Fees and/or tax revenues collected from a mill levy which shall not exceed the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term. It is the intent of this Service Plan to assure to the extent possible that no property bear an
economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property bear an economic burden for Debt that is greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration even under bankruptcy or other unusual situations. Generally, the cost of Public Improvements that cannot be funded within these parameters are not costs to be paid by the District.
II. DEFINITIONS
In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise:
Approved Development Plan: means a development plan, subdivision improvement plan, or other process established by the City (including but not limited to approval of a final
plat, minor development plat or site plan) for identifying, among other things, Public Improvements necessary for facilitating development for property within the Service Area, as approved by the City pursuant to the City Code, and as may be amended pursuant to the City Code from time to time.
Board: means the board of directors of the District.
City: means the City of Wheat Ridge, Colorado.
City Council: means the City Council of the City of Wheat Ridge, Colorado.
Debt: means bonds, notes or other multiple fiscal year financial obligations for the payment of which the District has pledged to impose an ad valorem property tax mill levy.
District: means Yarrow Gardens Metropolitan District.
District Boundaries: means the boundaries of the District as described in the District Boundary Map.
District Boundary Map: means the map attached hereto as Exhibit B, describing the boundaries of the District.
End User: means any owner, or tenant of any owner, of any platted Taxable Property
within the District for which a certificate of occupancy has been issued who is a resident
homeowner, renter, commercial property owner, or commercial tenant. By way of illustration, a resident homeowner, renter, commercial property owner, or commercial tenant is an End User. The business entity that constructs homes or commercial structures is not an End User.
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Fees: means any fee imposed by the District for services, programs or facilities provided
by the District, as described in Section IV.A.7. below.
Financial Plan: means the Financial Plan described in Section V which sets forth the expected plan for (i) how the Public Improvements are to be financed; (ii) how the Debt is expected to be incurred; and (iii) the estimated operating revenue derived from property taxes for the first budget year. Such Financial Plan may be adjusted by the District board
of directors in the future as is necessary to accommodate phasing or other financial or development considerations so long as any such adjustment does not exceed either the Maximum Debt Mill Levy or the Maximum Debt Mill Levy Imposition Term.
Maximum Debt Mill Levy: means the maximum mill levy the District is permitted to impose for payment of Debt as further set forth in Section V.C below, including
adjustments to the Maximum Debt Mill Levy as are permitted under Section V.C.
Maximum Debt Mill Levy Imposition Term: means the maximum term for imposition of a debt service mill levy on a particular property as set forth in Section V.D below.
Project: means the development or property commonly referred to as Yarrow Gardens.
Public Improvements: means a part or all of the improvements authorized to be planned,
designed, acquired, constructed, installed, relocated, redeveloped and financed as generally described in the Special District Act, except as specifically limited in Section IV below, to serve the future taxpayers and inhabitants of the Service Area as determined by the Board of the District.
Service Area: means the property within the District Boundaries.
Service Plan: means this service plan for the District approved by City Council.
Service Plan Amendment: means an amendment to the Service Plan approved by City Council in accordance with the City Code and applicable state law.
Special District Act: means Section 32-1-101, et seq., of the Colorado Revised Statutes, as amended from time to time.
State: means the State of Colorado.
Taxable Property: means real or personal property within the Service Area subject to ad valorem taxes imposed by the District.
III. BOUNDARIES PROPOSED LAND USE/POPULATION PROJECTIONS/ ASSESSED VALUATION
The area of the District Boundaries includes approximately 6 acres. A legal description of
the District Boundaries is attached hereto as Exhibit A. A District Boundary Map is attached hereto as Exhibit B. A vicinity map is attached hereto as Exhibit C. It is anticipated that a District’s boundaries may change from time to time as it undergoes inclusions and exclusions
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pursuant to Section 32-1-401, et seq., C.R.S., and Section 32-1-501, et seq., C.R.S., subject to the
limitations set forth in Section IV below.
The assessed valuation of the Service Area as of the date of this Service Plan is approximately One Hundred and Sixteen Thousand Dollars ($116,000) for purposes of this Service Plan and, at build out, is expected to be sufficient to reasonably discharge the Debt under the Financial Plan. The population of the District at build-out is estimated to be approximately 205
people. The projected build-out for the Service Area is set forth in the pro forma Financial Plan attached hereto as Exhibit G.
Approval of this Service Plan by the City does not imply approval of the development of a specific area within the Service Area of the District, nor does it imply approval of the number of residential units identified in this Service Plan or any of the exhibits attached thereto, unless the
same is contained within an Approved Development Plan.
IV. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES
A. Powers of the District and Service Plan Amendment.
The District shall have the power and authority to provide the Public Improvements
and related ownership, operation and maintenance services within and without the boundaries of the District as such power and authority is described in the Special District Act, and other applicable statutes, common law and the Constitution, subject to the limitations set forth herein.
1. Operations and Maintenance Limitation. The purpose of the District is to plan for, design, acquire, construct, install, relocate, redevelop and finance the Public
Improvements. The District shall dedicate the Public Improvements to the City or other appropriate jurisdiction in a manner contemplated under the Approved Development Plan and other rules and regulations of the City and applicable provisions of the City Code. The District shall be authorized, but not obligated, to own, operate and maintain Public Improvements not otherwise dedicated to the City or other public entity.
2. Fire Protection Limitation. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services, unless such facilities and services are provided pursuant to an intergovernmental agreement with the City. The authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of
the water system shall not be limited by this provision. The Project will obtain its fire protection and emergency response services from the City.
3. Construction Standards Limitation. The District will ensure that Public Improvements constructed by the District are designed and constructed in accordance with the standards and specifications of the City and of other governmental entities having proper
jurisdiction, including the Colorado Department of Health, and other applicable local, state or
federal agencies.
4. Inclusion Limitation. The District shall not include within its boundaries any property outside the Service Area without the prior written consent of the City.
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5. Overlap Limitation. The District shall not consent to the organization of
any other district organized under the Special District Act within the Service Area which will overlap the boundaries of the District unless the aggregate mill levy for payment of Debt of such proposed districts will not at any time exceed the Maximum Debt Mill Levy of the District.
6. Total Debt Issuance Limitation. The District shall not issue Debt in excess of Six Million Dollars ($6,000,000). Debt that is issued for the purpose of refunding outstanding
District Debt shall not be counted against such $6,000,000 debt limitation, provided, however, that if the aggregate principal amount of the refunding Debt exceeds the outstanding aggregate principal amount of the refunded Debt, the increase in principal amount shall be counted against such debt limitation.
7. Fee Limitation. The District may impose and collect Fees as a source of
revenue for repayment of debt, capital costs, and/or for operations and maintenance. No Fee related to repayment of Debt shall be authorized to be imposed upon or collected from Taxable Property owned or occupied by an End User. Notwithstanding any of the foregoing, the restrictions in this definition shall not apply to any Fee imposed upon or collected from Taxable Property for the purpose of funding operation and maintenance costs of the District, including the establishment
of a reserve fund for future repairs or replacement costs. 8. Consolidation Limitation. The District shall not file a request with any Court to consolidate with another Title 32 district, without the prior written consent of the City.
9. Bankruptcy Limitation. All of the limitations contained in this Service Plan,
including, but not limited to, those pertaining to the Maximum Debt Mill Levy, Maximum Debt Mill Levy Imposition Term and the Fees have been established under the authority of the City to approve a Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is expressly intended that such limitations:
(a) Shall not be subject to set-aside for any reason or by any court of
competent jurisdiction, absent a Service Plan Amendment; and
(b) Are, together with all other requirements of Colorado law, included in the “political or governmental powers” reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the “regulatory or electoral approval necessary under applicable nonbankruptcy law” as required for confirmation of a Chapter 9 Bankruptcy Plan
under Bankruptcy Code Section 943(b)(6).
Any Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the
City as part of a Service Plan Amendment.
10. Service Plan Amendment Requirement. This Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. To the extent
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permitted by law, the District may seek formal approval from the City of modifications to this
Service Plan which are not material, but for which the District may desire a written amendment and approval by the City. Such approval may be evidenced by any instrument executed by the City Manager, City Attorney, or other designated representative of the City as to the matters set forth therein and shall be conclusive and final.
B. Preliminary Engineering Survey.
The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance and financing of the Public Improvements within and without the boundaries of the District. An estimate of the costs of the Public Improvements which may be planned for, designed, acquired, constructed, installed,
relocated, redeveloped, maintained or financed was prepared based upon a preliminary engineering survey and estimates derived from the preliminary zoning on the property in the Service Area and is approximately Two Million Two Hundred Eighty Two Thousand Eight Hundred and Ninety Eight Dollars ($2,282,898). The Capital Plan attached hereto as Exhibit F includes a description of the type of capital facilities to be developed by the District, an estimate of the cost of the
proposed facilities, and a pro forma capital expenditure plan correlating expenditures with development. The actual Public Improvements to be constructed will be determined by the Approved Development Plan, notwithstanding the Capital Plan, and are necessary and for the benefit of all homeowners, residents and property owners within the District in order to provide for a coordinated system of Public Improvements for the development of the Project.
All of the Public Improvements constructed by the District will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the City and shall be in accordance with the requirements of the Approved Development Plan. All construction cost estimates are based on the assumption that construction conforms to applicable local, State or Federal requirements.
C. Other Powers.
The District shall also have the following authority: a. Service Plan Amendments. To amend the Service Plan as needed,
subject to the appropriate statutory procedures and City Code.
b. Phasing, Deferral. Without amending this Service Plan, to defer, forego, reschedule, or restructure the financing and/or construction of certain improvements and facilities, to better accommodate the pace of growth, resource availability, and potential inclusions of property within the District.
c. Additional Services. Except as specifically provided herein, to
provide such additional services and exercise such powers as are expressly or impliedly granted by Colorado law.
D. Facilities to be Constructed and/or Acquired.
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The District proposes to provide and/or acquire Public Improvements necessary and
for the benefit of the Project, and all residents, property owners and homeowners of the District as are set forth in the Approved Development Plan. A pro forma Capital Plan in Exhibit F, attached hereto, provides a general description and preliminary engineering survey, as appropriate, of the currently forecasted on-site and/or off-site improvements and estimated costs.
Notwithstanding anything herein to the contrary, the District shall have the authority to enter into any intergovernmental agreements deemed necessary to effectuate the long-term plans of the District without further approval from the City. In addition, the District shall have the authority to seek electorate authorization to effectuate all purposes set forth in this Service Plan in order to comply with all applicable constitutional and statutory requirements.
V. FINANCIAL PLAN
A. General.
The District shall be authorized to provide for the planning, design, acquisition,
construction, installation, relocation and/or redevelopment of the Public Improvements by and through the proceeds of Debt to be issued by the District. The Financial Plan for the District shall be to issue such Debt as the District can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy, Fees and other legally available revenues. A pro forma Financial Plan is attached hereto as Exhibit G, which provides
preliminary projections demonstrating that the District can reasonably discharge the proposed Debt, consistent with the requirements of the Special District Act. The total Debt that the District shall be permitted to issue shall not exceed Six Million Dollars ($6,000,000) and shall be permitted to be issued in amounts and on a schedule in such year or years as the District, in its discretion, determines is necessary to serve development as it occurs and can be issued within the parameters
established herein. All bonds and other Debt issued by the District may be payable from any and all legally available revenues of the District, including, but not limited to, general ad valorem taxes and Fees. The District will also rely upon various other revenue sources authorized by law. These will include the power to assess Fees, rates, tolls, penalties, or charges as provided in Section 32-1-1001(1), C.R.S., as amended from time to time.
B. Maximum Voted Interest Rate and Maximum Underwriting Discount.
The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. In the event of a default, the proposed maximum interest rate on any Debt is not expected to exceed eighteen percent (18%). The proposed maximum underwriting discount will be five
percent (5%). Debt, when issued, will comply with all relevant requirements of this Service Plan,
State law and Federal law as then applicable to the issuance of public securities.
C. Maximum Debt Mill Levy.
The “Maximum Debt Mill Levy” shall be the maximum mill levy a District is
permitted to impose upon the taxable property within such District for payment of Debt, and shall
be determined as follows:
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1. For the portion of any aggregate Debt which exceeds fifty percent (50%) of
the District’s assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall be Sixty (60) mills less the number of mills necessary to pay unlimited mill levy Debt described in Section V.C.2 below; provided that if, on or after January 1, 2018, changes are made in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes,
such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2018, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation.
2. For the portion of any aggregate Debt which is equal to or less than fifty percent (50%) of the District’s assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate.
3. For purposes of the foregoing, once Debt has been determined to be within Section V.C.2 above, such that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, such District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in such District’s Debt to assessed ratio. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-
1101, C.R.S. and all other requirements of State law.
To the extent that the District is composed of or subsequently organized into one or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term “District” as used herein shall be deemed to refer to the District and to each such subdistrict separately, so that each of the subdistricts shall be treated as a separate, independent district for purposes of the application
of the definitions and limitations herein.
D. Maximum Debt Mill Levy Imposition Term.
The District shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any single property developed for residential
uses which exceeds forty (40) years after the year of the initial imposition of such Debt mill levy unless a majority of the Board of the District imposing the mill levy are residents of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101, C.R.S.; et seq., as may be amended from time to time.
E. Debt Repayment Sources.
The District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service and for operations and maintenance. The District may also rely upon various other revenue sources authorized by law. At the District’s
discretion, these may include the power to assess Fees, rates, tolls, penalties, or charges as provided
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in Section 32-1-1001(l), C.R.S., as amended from time to time. In no event shall the debt service
mill levy in the District exceed the Maximum Debt Mill Levy or the Maximum Debt Mill Levy Imposition Term, except pursuant to an intergovernmental agreement between a District and the City.
F. Security for Debt.
The District shall not pledge any revenue or property of the City as security for the indebtedness. Approval of this Service Plan shall not be construed as a guarantee by the City of payment of any of the District’s obligations; nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the City in the event of default by the District in the payment of any such obligation.
G. TABOR Compliance.
The District will comply with the provisions of TABOR. In the discretion of the Board, a District may set up other qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by a District
will remain under the control of the District’s Board.
H. District’s Operating Costs.
The estimated cost of planning services, engineering services, legal services and administrative services, together with the estimated costs of the District’s organization and initial
operations, are anticipated to be One Hundred Thousand Dollars ($100,000), which will be eligible for reimbursement from Debt proceeds.
In addition to the capital costs of the Public Improvements, the District will require operating funds for administration and to plan and cause the Public Improvements to be constructed and maintained. The first year’s operating budget is estimated to be Fifty Thousand
Dollars ($50,000) which is anticipated to be derived from property taxes and other revenues. The Financial Plan attached hereto at Exhibit G contemplates a mill levy of approximately eight (8) mills for purposes of funding the operational budget, which may be supplemented by the District at its discretion through the imposition of additional property taxes or Fees, rates, tolls, or charges as permitted hereunder.
VI. ANNUAL REPORT
A. General.
The District shall be responsible for submitting an annual report to the City Clerk at the City’s administrative offices no later than September 1st of each year following the year in
which the Order and Decree creating the District has been issued. The annual report shall reflect
activity and financial events of the District through the preceding December 31st (the “Report Year”).
B. Reporting of Significant Events.
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The annual report shall include information as to any of the following:
1. A narrative summary of the progress of the District in implementing its service plan for the Report Year.
2. Except when an exemption from audit has been granted for the report year under the Local Government Audit Law, the audited financial statements of the District for the Report Year including a statement of financial condition (i.e. balance sheet) as of December 31 of
the report year and the statement of operations (i.e. revenues and expenditures) for the Report Year.
3. Unless disclosed within a separate schedule to the financial statements, a summary of the capital expenditures incurred by the District in development of public facilities in a Report Year, as well as any capital improvements or projects proposed to be undertaken in the
five (5) years following the report year.
4. Unless disclosed within a separate schedule to the financial statements, a summary of the financial obligations of the District at the end of the report year, including the amount of outstanding indebtedness, the amount and terms of any new District indebtedness or long-term obligations issued in the Report Year, the amount of payment or retirement of existing
indebtedness of the District in the Report Year, the total assessed valuation of all taxable properties within the District as of January 1 of the Report Year, and the current mill levy of the District pledged to debt retirement in the Report Year.
5. The District’s budget for the calendar year in which the annual report is submitted.
6. A summary of residential and commercial development which has occurred within the District for the report year.
7. A summary of all fees, charges and assessments imposed by the District as of January 1 of the Report Year.
8. The name, business address and telephone number of each member of the
Board and its chief administrative officer and general counsel, together with the date, place and time of the regular meetings of the Board.
VII. DISSOLUTION
Upon an independent determination of the City Council that the purposes for which the District was created have been accomplished, the District agrees to file a petition in the appropriate
District Court for dissolution, pursuant to the applicable State statutes. In no event shall a
dissolution occur until the District has provided for the payment or discharge of all of its outstanding indebtedness and other financial obligations as required pursuant to State statutes.
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VIII. DISCLOSURE TO PURCHASERS
The District will use reasonable efforts to assure that all developers of the property located within the District provides written notice to all purchasers of property in the District regarding the Maximum Debt Mill Levy, as well as a general description of the District’s authority to impose and collect rates, Fees, tolls and charges. The form of notice shall be filed with the City prior to the initial issuance of the Debt of the District and shall be recorded on the Service Area.
IX. INTERGOVERNMENTAL AGREEMENT
The form of the intergovernmental agreement, relating to the limitations imposed on the District’s activities, is attached hereto as Exhibit E. The District shall approve the intergovernmental agreement in the form attached as Exhibit E at their first Board meeting after their organizational election. The City Council shall approve the intergovernmental agreement in
the form attached as Exhibit E at the public hearing approving the Service Plan.
X. CONCLUSION
It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., establishes that:
1. There is sufficient existing and projected need for organized service in the
area to be serviced by the District;
2. The existing service in the area to be served by the District is inadequate for present and projected needs;
3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; and
4. Adequate service is not, and will not be, available to the area through the City or county or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis.
5. The facility and service standards of the District are compatible with the facility and service standards of the City within which the special districts are to be located and
each municipality which is an interested party under Section 32-1-204(1), C.R.S.
6. The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-108, Colorado Revised Statutes;
7. The proposal is in compliance with any duly adopted City, regional or state long-range water quality management plan for the area.
8. The creation of the District is in the best interests of the area proposed to be
served.
EXHIBIT A
Legal Description of the District
DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 23, BEING A FOUND 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE
BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION, BEING A FOUND 3-1/4" DIAMETER BRASS CAP AND ALUMINUM MONUMENT IN RANGE BOX, MARKED "CITY OF WHEAT RIDGE PLS 13212", IS ASSUMED TO BEAR SOUTH 00°10'11" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE SOUTH 68°54'09" WEST A DISTANCE OF 732.50 FEET TO THE WESTERLY RIGHT-OF-WAY OF YARROW STREET AND THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 00°13'43" EAST A
DISTANCE OF 386.23 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT 23.53 FEET, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89°52'14" AND WHICH CHORD BEARS SOUTH 44°42'40" WEST A DISTANCE OF 21.29 FEET;
THENCE SOUTH 89°39'02" WEST A DISTANCE OF 618.95 FEET; THENCE NORTH 00°15'42" WEST A DISTANCE OF 394.56 FEET;
THENCE NORTH 89°40'58" EAST A DISTANCE OF 104.15 FEET; THENCE NORTH 00°15'42" WEST A DISTANCE OF 7.00 FEET; THENCE NORTH 89°40'58" EAST A DISTANCE OF 530.00 FEET TO THE POINT OF
BEGINNING.
SAID DESCRIBED PARCEL OF LAND CONTAINS 253,373 SQ. FT. OR 5.8250 ACRES, MORE OR LESS.
EXHIBIT B
District Boundary Map
A PARCEL OF LAND LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF
THE 6TH P.M., CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF
COLORADO
EXHIBIT C
City of Wheat Ridge Vicinity Map
EXHIBIT D
Proof of Ownership
8/2/2018 Assessor Property Records Search - Property Details
https://propertysearch.jeffco.us/propertyrecordssearch/pin/property/details/juVRQtdR-lPml2_dhbCjEVxm5Quj5SMDJvyeP5Cbfjs1 1/5
Property Information
Home (/) / PIN/Schedule Number (/propertyRecordsSearch/Pin) / Property Information
Property Information
Sales ()
History ()
Help
PIN/Schedule
300024670
Owners
EFG-YARROW LLC
AIN/Parcel ID
39-233-00-004
Property Address
7955 W 42ND AVE
WHEAT RIDGE, CO 80033
Property Class
1212 Single Family Residential
Mailing Address
4601 DCT BLVD
DENVER, CO 80237
Legal Description
Land SQFT Land Acres
Total 57,064 1.31
Block Lot Tract/Key Section Township Range QSection
Help
Subdivision
No Subdivision on Record
Parcel Map
Map (http://www.co.je
8/2/2018 Assessor Property Records Search - Property Details
https://propertysearch.jeffco.us/propertyrecordssearch/pin/property/details/juVRQtdR-lPml2_dhbCjEdiYEznOb7pmeHCroZoo-2o1 1/4
Property Information
Home (/) / PIN/Schedule Number (/propertyRecordsSearch/Pin) / Property Information
Property Information
Sales ()
History ()
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PIN/Schedule
300024674
Owners
EFG-YARROW LLC
AIN/Parcel ID
39-233-00-005
Property Address
4255 YARROW ST
WHEAT RIDGE, CO 80033
Property Class
0000 Vacant Land
Mailing Address
4601 DCT BLVD
DENVER, CO 80237
Legal Description
Land SQFT Land Acres
Total 196,891 4.52
Block Lot Tract/Key Section Township Range QSection
Help
Subdivision
No Subdivision on Record
Parcel Map
Map (http://www.co.je
EXHIBIT E
Intergovernmental Agreement between District and City of Wheat Ridge
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF WHEAT RIDGE, COLORADO
AND YARROW GARDENS METROPOLITAN DISTRICT
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made and entered into as of this ___ day of ____________, 2018, by, between and among the CITY OF WHEAT RIDGE, Colorado (“City”), and YARROW GARDENS METROPOLITAN DISTRICT, a quasi-
municipal corporation and political subdivisions of the State of Colorado (the “District”). The City and the District are each referred to herein as a “Party” and collectively referred to herein as the “Parties”.
RECITALS
WHEREAS, the District was organized to provide those services and to exercise powers
as are more specifically set forth in the Service Plan for Yarrow Gardens Metropolitan District, approved by the City on August 13, 2018 (“Service Plan”); and
WHEREAS, the Service Plan requires that the District approve this Agreement at its first meeting after its organizational election; and
WHEREAS, the City and the District have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Agreement; and
WHEREAS, all defined terms set forth herein shall have the same meaning as set forth in the Service Plan.
NOW, THEREFORE, in consideration of the covenants and mutual agreements herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
COVENANTS AND AGREEMENTS
1. Operations and Maintenance. The District shall dedicate the Public Improvements to the City or other appropriate jurisdiction in a manner contemplated under the
Approved Development Plan and other rules and regulations of the City and applicable provisions of the City Code. The District shall be authorized, but not obligated, to own, operate and maintain Public Improvements not otherwise dedicated to the City or other public entity.
2. Construction Standards. The District will ensure that Public Improvements constructed by the District are designed and constructed in accordance with the standards and
specifications of the City and of other governmental entities having proper jurisdiction, including
the Colorado Department of Health, and other applicable local, state or federal agencies.
3. Inclusion and Exclusion of Property. The District shall not include within its boundaries any property outside the Service Area without the prior written consent of the City.
4. Total Debt Issuance. The District shall not issue Debt in excess of Six
Million Dollars ($6,000,000). Debt that is issued for the purpose of refunding outstanding District Debt shall not be counted against such $6,000,000 debt limitation, provided, however, that if the aggregate principal amount of the refunding Debt exceeds the outstanding aggregate principal amount of the refunded Debt, the increase in principal amount shall be counted against such debt limitation.
5. Debt Issuance Limitation. The District shall not be authorized to incur any indebtedness until such time as the District has approved and executed this Agreement.
6. Bankruptcy. All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy, Maximum Debt Mill Levy Imposition Term and the Fees have been established under the authority of the City to approve a
Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is expressly intended that such limitations:
(a) Shall not be subject to set-aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and
(b) Are, together with all other requirements of Colorado law, included
in the “political or governmental powers” reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the “regulatory or electoral approval necessary under applicable nonbankruptcy law” as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6).
Any Debt, issued with a pledge or which results in a pledge, that exceeds the
Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the City as part of a Service Plan Amendment.
7. Dissolution. Upon an independent determination of the City Council that the purposes for which the District was created have been accomplished, the District agrees to file a petition in the appropriate District Court for dissolution, pursuant to the applicable State statutes. In no event shall a dissolution occur until the District has provided for the payment or discharge of all of its outstanding indebtedness and other financial obligations as required pursuant to State
statutes.
8. Disclosure to Purchasers. The District will use reasonable efforts to assure that all developers of the property located within the District provides written notice to all purchasers of property in the District regarding the Maximum Debt Mill Levy, as well as a general description of the District’s authority to impose and collect rates, Fees, tolls and charges. The
form of notice shall be filed with the City prior to the initial issuance of the Debt of the District
and shall be recorded on the Service Area.
9. Annual Report. The District shall be responsible for submitting an annual report to the City Clerk at the City’s administrative offices by no later than September 1st of each
year following the year in which the Order and Decree creating the District has been issued. The
annual report shall reflect activity and financial events of the District during the Report Year.
10. Maximum Debt Mill Levy. The “Maximum Debt Mill Levy” shall be the maximum mill levy a District is permitted to impose upon the taxable property within such District for payment of Debt, and shall be determined as follows:
(a) For the portion of any aggregate Debt which exceeds fifty percent
(50%) of the District’s assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall be Sixty (60) mills less the number of mills necessary to pay unlimited mill levy Debt described in Section V.C.2 below; provided that if, on or after January 1, 2018, changes are made in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect
such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2018, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed
valuation.
(b) For the portion of any aggregate Debt which is equal to or less than fifty percent (50%) of the District’s assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary
to pay the Debt service on such Debt, without limitation of rate.
(c) For purposes of the foregoing, once Debt has been determined to be within Section V.C.2 above, such that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, such District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in such District’s Debt to assessed
ratio. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S. and all other requirements of State law.
To the extent that the District is composed of or subsequently organized into one or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term “District” as used herein shall be deemed to refer to the District and to each such subdistrict separately, so that each
of the subdistricts shall be treated as a separate, independent district for purposes of the application of the definitions and limitations herein.
11. Notices. All notices, demands, requests or other communications to be sent by one Party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the address or by courier delivery,
via United Parcel Service or other nationally recognized overnight air courier service, or by
depositing same in the United States mail, postage prepaid, addressed as follows:
To the District: Yarrow Gardens Metropolitan District
2154 East Commons Avenue, Suite 2000
Centennial, Colorado 80122
Attn: Kristen D. Bear, Esq.
Phone: (303) 858-1800
Fax: (303) 858-1801
kbear@wbapc.com
To the City:
With a copy to:
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, Colorado 80033
Attn: Patrick Goff, City Manager
Phone: (303) 235-2805
pgoff@ci.wheatridge.co.us
Murray Dahl Kuechenmeister & Renaud LLP
710 Kipling Street, Suite 300
Lakewood, Colorado 80215
Attn: Gerald Dahl
(303) 493-6670
gdahl@mdkrlaw.com
All notices, demands, requests or other communications shall be effective upon such personal delivery or 1 business day after being deposited with United Parcel Service or other nationally recognized overnight air courier service or 3 business days after deposit in the United
States mail. By giving the other party hereto at least 10 days written notice thereof in accordance with the provisions hereof, each of the Parties shall have the right from time to time to change its address.
12. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by a written agreement duly authorized and executed by the
Parties hereto and without amendment to the Service Plan.
13. Assignment. No Party hereto shall assign any of its rights nor delegate any of its duties hereunder to any person or entity without having first obtained the prior written consent of all other Parties, which consent will not be unreasonably withheld. Any purported assignment or delegation in violation of the provisions hereof shall be void and ineffectual.
14. Default/Remedies. In the event of a breach or default of this Agreement by any Party, the non-defaulting Parties shall be entitled to exercise all remedies available at law or in equity, specifically including suits for specific performance and/or monetary damages. In the event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing Party/Parties in such proceeding shall be entitled to obtain as part of its judgment or award its
reasonable attorneys’ fees.
15. Governing Law and Venue. This Agreement shall be governed and construed under the laws of the State of Colorado and venue shall be in the District Court in and for the county in which the Districts are located.
16. Inurement. Each of the terms, covenants and conditions hereof shall be
binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
17. Integration. This Agreement constitutes the entire agreement between the Parties with respect to the matters addressed herein. All prior discussions and negotiations regarding the subject matter hereof are merged herein.
18. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon, or to give to, any person other than the District and the City any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the District and the City shall be for the sole and exclusive
benefit of the District and the City.
19. Severability. If any covenant, term, condition, or provision under this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision shall not affect any other provision contained herein, the intention being that such provisions are severable.
20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same document.
21. Paragraph Headings. Paragraph headings are inserted for convenience of reference only.
22. Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Service Plan.
[Remainder of Page Intentionally Left Blank. Signature Pages to Follow].
IN WITNESS WHEREOF, this Agreement is executed by the City and the District as of
the date first above written.
YARROW GARDENS METROPOLITAN DISTRICT ATTEST:
President Secretary Printed Name: ________________________ Printed Name:__________________
APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON
Attorneys at Law
General Counsel for the District
CITY OF WHEAT RIDGE, COLORADO ATTEST:
By: By: Mayor Its:
APPROVED AS TO FORM: _____________________________________
City Attorney
EXHIBIT F
Pro Forma Capital Plan
PROJECT NAME:
PROJECT NUMBER:
CALCUALTED BY:
CHECKED BY:
DATE:
Onsite Improvements
Street Improvements $454,869.50
Grading $204,750.00
Stormwater & Drainage $154,285.04
Sanitary Sewer $142,102.10
Water $283,343.75
Subtotal: $1,239,350.39
Mobilization (5%): $61,967.52
Design And Legal Cost (10%): $123,935.04
Contingency (25%): $309,837.60
City of Wheatridge Fees (10%): $123,935.04
Onsite Total: $1,859,025.59
Offsite Public Improvments
42nd Street Improvements $70,258.14
Yarrow Street Improvements $113,130.73
Erosion Control $2,390.00
Grading $4,895.00
Sanitary Improvements $5,178.70
Water Improvements (includes 42nd Ave and Yarrow Street)$86,728.75
Subtotal $282,581.32
Mobilization (5%): $14,129.07
Design And Legal Cost (10%): $28,258.13
Contingency (25%): $70,645.33
City of Wheatridge Fees (10%): $28,258.13
Offsite Total:$423,871.97
Site Total:$2,282,897.56
Notes: Estimate is based on a draft of construction plans dated January, 2018. Quanitites are conceptual and subject to change. All unit costs were obtained from
previous contractor pricing and are for information only. Estimate does not include landscaping, irrigation, or overexcavation quanities.
Yarrow Gardens Conceptual Engineer's Estimate of Probable Cost Summary
Yarrow Gardens Townhomes
3285
EJL
MMU
6/21/2018
PROJECT NAME:
PROJECT NUMBER: 3285
CALCUALTED BY: EJL
CHECKED BY:
DATE:
Onsite Street Improvements
CONCRETE ALLEY PAVING ‐ 6" CONCRETE 1,160 SY $39.50 $45,820.00
CONCRETE ALLEY ‐ 12" SUBGRADE PREPARATION 1,160 SY $2.50 $2,900.00
CONCRETE DRIVEWAYS 1,236 SY $39.50 $48,822.00
STREET 01 CURB AND GUTTER 336 LF $16.25 $5,460.00
STREET 02 ‐ STREET 05 CURB AND GUTTER 2,622 LF $16.25 $42,607.50
STREET 06 CURB AND GUTTER 390 LF $16.25 $6,337.50
ALLEY 03 CURB AND GUTTER 21 LF $16.25 $341.25
ALLEY 04 CURB AND GUTTER 21 LF $16.25 $341.25
FULL DEPTH ASPHALT PAVING ‐ 5" PER GEOTECH REPORT 4,430 SY $21.00 $93,030.00
ASPHALT ROADS ‐ 12" SUBGRADE PREPARATION 4,430 SY $2.50 $11,075.00
STREET LIGHTS 9EA $6,000.00 $54,000.00
CURB RAMPS 14 EA $1,320.00 $18,480.00
MID BLOCK RAMP 3EA $1,321.00 $3,963.00
CONCRETE SIDEWALK 14,524 SF $8.00 $116,192.00
SIGNAGE 10 EA $350.00 $3,500.00
STRIPING 1LS $2,000.00 $2,000.00
$454,869.50
42nd Street Improvements
VERTICAL CURB AND GUTTER 327 LF $24.75 $8,093.25
CURB AND GUTTER DEMOLITION 153 LF $4.13 $633.54
ASPHALT DEMOLITION (2" MILLING)503 SY $16.41 $8,254.23
FULL DEPTH ASPHALT DEMOLITION 195 SY $7.10 $1,385.81
ASHPALT OVERLAY 503 SY $9.00 $4,527.00
ASPHALT SAWCUT 311 LF $4.65 $1,445.73
CONCRETE SIDEWALK 1,993 SF $8.00 $15,944.00
SIDEWALK DEMOLITION 28 SY $18.29 $519.57
FULL DEPTH ASPHALT PAVING ‐ 5" PER GEOTECH REPORT 750 SY $20.00 $15,000.00
ASPHALT ROADS ‐ 12" SUBGRADE PREPARATION 750 SY $2.50 $1,875.00
CURB RAMPS 4EA $1,320.00 $5,280.00
8' CONCRETE CROSSPAN 208 SF $6.25 $1,300.00
STREET LIGHTS 1EA $6,000.00 $6,000.00
$70,258.14
Onsite Street Improvements Subtotal:
6/21/2018
Yarrow Gardens Townhomes
Quantity Unit Unit Price Total Cost
Quantity Unit Unit Price Total Cost
42nd Street Improvements Subtotal
PROJECT NAME:
PROJECT NUMBER: 3285
CALCUALTED BY: EJL
CHECKED BY:
DATE:6/21/2018
Yarrow Gardens Townhomes
Yarrow Street Improvements
VERTICAL CURB AND GUTTER 755 LF $24.75 $18,686.25
CURB AND GUTTER DEMOLITION 405 LF $4.13 $1,672.48
8' ASPHALT PATCH FOR WATERLINE 581 SY $20.00 $11,620.00
FULL DEPTH ASPHALT DEMOLITION 321 SY $7.10 $2,276.23
ASPHALT DEMOLITION (2" MILLING)1,766 SY $16.41 $28,980.06
ASHPALT OVERLAY 1,766 SY $9.00 $15,894.00
ASPHALT SAWCUT 1,168 LF $4.65 $5,432.58
CONCRETE SIDEWALK 2,145 SF $8.00 $17,160.00
SIDEWALK DEMOLITION 75 SY $18.29 $1,371.61
FULL DEPTH ASPHALT PAVING ‐ 5" PER GEOTECH REPORT 271 SY $20.00 $5,420.00
ASPHALT ROADS ‐ 12" SUBGRADE PREPARATION 271 SY $2.50 $677.50
CURB RAMPS 2EA $1,320.00 $2,640.00
8' CONCRETE CROSSPAN 208 SF $6.25 $1,300.00
$113,130.73
Quantity Unit Unit Price Total Cost
Yarrow Street Improvements Subtotal
PROJECT NAME:
PROJECT NUMBER: 3285
CALCUALTED BY: EJL
CHECKED BY:
DATE:
Quantity Unit Unit Price Total Cost
Onsite Grading
RETAINING WALL NON‐STRUCTURAL (APPROX. FF QTY AND DOES NOT INCLUDE POND)890 FF $25.00 $22,250.00
RETAINING WALL STRUCTURAL**3,650 FF $50.00 $182,500.00
$204,750.00
Total Cost
Onsite Grading Subtotal:
Yarrow Gardens Townhomes
** QUANTITY DOES NOT INCLUDE FOOTER AND WALL THICKNESS. STRUCTURAL ENGINEER TO DESIGN AND DETERMINE EXACT QUANTITIES
AND UNIT PRICE.
6/21/2018
Quantity Unit Unit Price
PROJECT NAME:
PROJECT NUMBER: 3285
CALCUALTED BY: EJL
CHECKED BY:
DATE:
Offiste Eroson Control
VEHICLE TRACKING PAD 0EA $2,225.00 $0.00
CONCRETE WASHOUT 1EA $350.00 $350.00
ROCK SOCKS 8EA $5.00 $40.00
OUTLET PROTECTION 0EA $3.00 $0.00
EROSION CONTROL MAINTENANCE DURING CONSTRUCTION 1LS $2,000.00 $2,000.00
$2,390.00
Offsite Grading
FINE GRADE FOR ASPHALT PAVING 9,790 SF $0.50 $4,895.00
$4,895.00
Total Cost
Yarrow Gardens Townhomes
6/21/2018
Quantity Unit Unit Price Total Cost
Offsite Grading Subtotal:
Offsite Erosion Control Subtotal:
Quantity Unit Unit Price
PROJECT NAME:
PROJECT NUMBER: 3285
CALCUALTED BY: EJL
CHECKED BY:
DATE:
Stormwater & Drainage Improvements
TYPE C INLET (VALLEY INLET AND CURB INLET INCLUDED)1EA $3,950.00 $3,950.00
TYPE 13 INLET (VALLEY OR CURB)6EA $3,950.00 $23,700.00
5' STORM MANHOLE 2EA $4,500.00 $9,000.00
ADJUST MANHOLE RIMS TO GRADE 2EA $625.00 $1,250.00
18" RCP 456 LF $70.00 $31,920.00
TRICKLE CHANNEL 1,021 LF $43.00 $43,903.00
SPILLWAY ("TYPE M" RIPRAP)40 CY $60.00 $2,400.00
CONCRETE HEADWALL for 18" RCP 2EA $2,500.00 $5,000.00
RIPRAP 113 CY $28.00 $3,162.04
CURB CHASE 10 EA $1,000.00 $10,000.00
OUTLET STRUCTURE 1LS $20,000.00 $20,000.00
$154,285.04
Onsite Sanitary Sewer Improvements
4' SANITARY MANHOLE 15 EA $4,000.00 $60,000.00
ADJUST MANHOLE RIMS TO GRADE 15 EA $625.00 $9,375.00
8" PVC SANITARY MAIN LINE 1,524 LF $45.00 $68,593.50
CONNECT TO EXISTING 1LS $2,000.00 $2,000.00
PRESSURE TEST MAINS 1,524 LF $1.40 $2,133.60
$142,102.10
Yarrow Street Sanitary Sewer Improvements
4' SANITARY MANHOLE 1EA $3,500.00 $3,500.00
ADJUST MANHOLE RIMS TO GRADE 1EA $625.00 $625.00
8" PVC SANITARY MAIN LINE 23 LF $45.00 $1,021.50
PRESSURE TEST MAINS 23 LF $1.40 $32.20
$5,178.70
Storm Subtotal:
Quantity Unit Unit Price Total Cost
Yarrow Gardens Townhomes
Quantity Unit Unit Price Total Cost
Quantity Unit Unit Price Total Cost
6/21/2018
Onsite Sanitary Sewer Subtotal:
Offsite Sanitary Sewer Subtotal:
PROJECT NAME:
PROJECT NUMBER: 3285
CALCUALTED BY: EJL
CHECKED BY:
DATE:
Yarrow Gardens Townhomes
6/21/2018
Onsite Water Improvements
8" PVC WATER MAIN LINE 1,715 LF $60.00 $102,900.00
8"x 6" TEE 6EA $700.00 $4,200.00
8" TEE 3EA $750.00 $2,250.00
8" BEND 7EA $600.00 $4,200.00
8" PLUG W/ BLOWOFF 1EA $1,500.00 $1,500.00
8" GATE VALVE 10 EA $1,800.00 $18,000.00
FIRE HYDRANT ASSEMBLY 6EA $7,400.00 $44,400.00
ADJUST VALVES TO GRADE 10 EA $475.00 $4,750.00
CONNECT TO EXISTING 1EA $1,000.00 $1,000.00
CONNECT TO EXISTING W/ 8"x8" TEE 1EA $1,000.00 $1,000.00
WATER TESTING 1,715 LF $1.25 $2,143.75
WATERLINE LOWERINGS 4EA $3,000.00 $12,000.00
1‐1/2" IRRIGATION TAP 1EA $85,000.00 $85,000.00
$283,343.75
8" PVC WATER MAIN LINE 967 LF $60.00 $58,020.00
8" 45 DEG. BEND 2EA $600.00 $1,200.00
CONNECT TO EXISTING W/ 6"x8" TAPPING SLEEVE AND SADDLE 1EA $1,200.00 $1,200.00
CONNECT TO EXISTING W/ 12"x8" TAPPING SLEEVE AND SADDLE 1EA $1,200.00 $1,200.00
8" GATE VALVE 2EA $1,800.00 $3,600.00
RECONNECT SERVICES 7EA $900.00 $6,300.00
WATER TESTING 967 LF $1.25 $1,208.75
FIRE HYDRANT ASSEMBLY 2EA $7,000.00 $14,000.00
$86,728.75
Dry Utility Coordination
Dry Utility 1LS $25,000.00 $25,000.00
$25,000.00
Total Cost
Total Cost
Total Cost
Unit
Dry Utility Subtotal:
Quantity Unit Unit Price
Quantity Unit Unit PriceWatermain Improvements in Yarrow St. and 42nd Ave. Northward to 44th
Onsite Water Subtotal:
Offsite Water Subtotal:
Quantity Unit Price
EXHIBIT G
Pro Forma Financial Plan
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Prepared by D.A. Davidson & Co.4
May 2, 2018 8:40 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Yarrow Gardens MD 18:AAPR2018-18NRSPA)
SOURCES AND USES OF FUNDS
YARROW GARDENS METROPOLITAN DISTRICTGENERAL OBLIGATION BONDS, SERIES 2018A55.277 (target) MillsNon-Rated, 100x, 30-yr. Maturity(Full Growth + 6.00% Bi-Reassessment Projections)[ Preliminary -- for discsussion only ]
Dated Date 12/01/2018Delivery Date 12/01/2018
Sources:
Bond Proceeds:Par Amount 3,550,000.00
3,550,000.00
Uses:
Project Fund Deposits:Project Fund 2,550,500.00
Other Fund Deposits:Capitalized Interest Fund 532,500.00
Cost of Issuance:Other Cost of Issuance 142,000.00
Other Uses of Funds:Deposit to Surplus Fund (New)325,000.00
3,550,000.00
5
May 2, 2018 8:40 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Yarrow Gardens MD 18:AAPR2018-18NRSPA)
BOND SUMMARY STATISTICS
YARROW GARDENS METROPOLITAN DISTRICTGENERAL OBLIGATION BONDS, SERIES 2018A55.277 (target) MillsNon-Rated, 100x, 30-yr. Maturity(Full Growth + 6.00% Bi-Reassessment Projections)[ Preliminary -- for discsussion only ]
Dated Date 12/01/2018Delivery Date 12/01/2018First Coupon 06/01/2019Last Maturity 12/01/2048
Arbitrage Yield 5.000000%True Interest Cost (TIC)5.000000%Net Interest Cost (NIC)5.000000%All-In TIC 5.308080%Average Coupon 5.000000%
Average Life (years)23.204Weighted Average Maturity (years)23.204Duration of Issue (years)13.705
Par Amount 3,550,000.00Bond Proceeds 3,550,000.00Total Interest 4,118,750.00Net Interest 4,118,750.00Bond Years from Dated Date 82,375,000.00Bond Years from Delivery Date 82,375,000.00Total Debt Service 7,668,750.00Maximum Annual Debt Service 383,250.00Average Annual Debt Service 255,625.00
Underwriter's Fees (per $1000) Average Takedown Other Fee
Total Underwriter's Discount
Bid Price 100.000000
AverageParAverage Average Maturity PV of 1 bpBond Component Value Price Coupon Life Date change
Term Bond due 2048 3,550,000.00 100.000 5.000% 23.204 02/13/2042 5,502.50
3,550,000.00 23.204 5,502.50
All-In ArbitrageTICTICYield
Par Value 3,550,000.00 3,550,000.00 3,550,000.00 + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense -142,000.00 - Other Amounts
Target Value 3,550,000.00 3,408,000.00 3,550,000.00
Target Date 12/01/2018 12/01/2018 12/01/2018Yield5.000000%5.308080%5.000000%
6
May 2, 2018 8:52 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Yarrow Gardens MD ...:AAPR2018-28IGR18A,28IGR18A)
SOURCES AND USES OF FUNDS
YARROW GARDENS METROPOLITAN DISTRICTGENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2028Pay & Cancel Refunding of (proposed) Series 2018 + New Money55.277 (target) MillsAssumes Investment Grade, 100x, 30-yr. Maturity(Full Growth + 6% Bi-Reassessment Projections)[ Preliminary -- for discsussion only ]
Dated Date 12/01/2028Delivery Date 12/01/2028
Sources:
Bond Proceeds:Par Amount 5,505,000.00
Other Sources of Funds:Funds on Hand*375,000.00
5,880,000.00
Uses:
Project Fund Deposits:Project Fund 1,950,725.00
Refunding Escrow Deposits:Cash Deposit 3,440,000.00
Other Fund Deposits:Capitalized Interest Fund 18,350.00Debt Service Reserve Fund 243,400.00261,750.00
Cost of Issuance:Other Cost of Issuance 200,000.00
Delivery Date Expenses:Underwriter's Discount 27,525.00
5,880,000.00
[*] Estimated balances (tbd).
7
May 2, 2018 8:52 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Yarrow Gardens MD ...:AAPR2018-28IGR18A,28IGR18A)
BOND SUMMARY STATISTICS
YARROW GARDENS METROPOLITAN DISTRICTGENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2028Pay & Cancel Refunding of (proposed) Series 2018 + New Money55.277 (target) MillsAssumes Investment Grade, 100x, 30-yr. Maturity(Full Growth + 6% Bi-Reassessment Projections)[ Preliminary -- for discsussion only ]
Dated Date 12/01/2028Delivery Date 12/01/2028First Coupon 06/01/2029Last Maturity 12/01/2058
Arbitrage Yield 4.000000%True Interest Cost (TIC)4.034656%Net Interest Cost (NIC)4.000000%All-In TIC 4.293988%Average Coupon 4.000000%
Average Life (years)22.704Weighted Average Maturity (years)22.704Duration of Issue (years)14.741
Par Amount 5,505,000.00Bond Proceeds 5,505,000.00Total Interest 4,999,400.00Net Interest 5,026,925.00Bond Years from Dated Date 124,985,000.00Bond Years from Delivery Date 124,985,000.00Total Debt Service 10,504,400.00Maximum Annual Debt Service 759,200.00Average Annual Debt Service 350,146.67
Underwriter's Fees (per $1000) Average Takedown Other Fee 5.000000
Total Underwriter's Discount 5.000000
Bid Price 99.500000
AverageParAverage Average Maturity PV of 1 bpBond Component Value Price Coupon Life Date change
Term Bond due 2058 5,505,000.00 100.000 4.000% 22.704 08/15/2051 9,578.70
5,505,000.00 22.704 9,578.70
All-In ArbitrageTICTICYield
Par Value 5,505,000.00 5,505,000.00 5,505,000.00+ Accrued Interest+ Premium (Discount)-Underwriter's Discount -27,525.00 -27,525.00-Cost of Issuance Expense -200,000.00- Other Amounts
Target Value 5,477,475.00 5,277,475.00 5,505,000.00
Target Date 12/01/2028 12/01/2028 12/01/2028Yield4.034656%4.293988%4.000000%
8
May 2, 2018 8:52 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Yarrow Gardens MD ...:AAPR2018-28IGR18A,28IGR18A)
BOND DEBT SERVICE
YARROW GARDENS METROPOLITAN DISTRICTGENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2028Pay & Cancel Refunding of (proposed) Series 2018 + New Money55.277 (target) MillsAssumes Investment Grade, 100x, 30-yr. Maturity(Full Growth + 6% Bi-Reassessment Projections)[ Preliminary -- for discsussion only ]
AnnualPeriodDebtDebtEndingPrincipal Coupon Interest Service Service
06/01/2029 110,100 110,10012/01/2029 110,100 110,100 220,20006/01/2030 110,100 110,10012/01/2030 5,000 4.000%110,100 115,100 225,20006/01/2031 110,000 110,00012/01/2031 5,000 4.000%110,000 115,000 225,00006/01/2032 109,900 109,90012/01/2032 20,000 4.000%109,900 129,900 239,80006/01/2033 109,500 109,50012/01/2033 20,000 4.000%109,500 129,500 239,00006/01/2034 109,100 109,10012/01/2034 35,000 4.000%109,100 144,100 253,20006/01/2035 108,400 108,40012/01/2035 35,000 4.000%108,400 143,400 251,80006/01/2036 107,700 107,70012/01/2036 55,000 4.000%107,700 162,700 270,40006/01/2037 106,600 106,60012/01/2037 55,000 4.000%106,600 161,600 268,20006/01/2038 105,500 105,50012/01/2038 75,000 4.000%105,500 180,500 286,00006/01/2039 104,000 104,00012/01/2039 80,000 4.000%104,000 184,000 288,00006/01/2040 102,400 102,40012/01/2040 100,000 4.000%102,400 202,400 304,80006/01/2041 100,400 100,40012/01/2041 100,000 4.000%100,400 200,400 300,80006/01/2042 98,400 98,40012/01/2042 125,000 4.000%98,400 223,400 321,80006/01/2043 95,900 95,90012/01/2043 130,000 4.000%95,900 225,900 321,80006/01/2044 93,300 93,30012/01/2044 155,000 4.000%93,300 248,300 341,60006/01/2045 90,200 90,20012/01/2045 160,000 4.000%90,200 250,200 340,40006/01/2046 87,000 87,00012/01/2046 185,000 4.000%87,000 272,000 359,00006/01/2047 83,300 83,30012/01/2047 195,000 4.000%83,300 278,300 361,60006/01/2048 79,400 79,40012/01/2048 225,000 4.000%79,400 304,400 383,80006/01/2049 74,900 74,90012/01/2049 235,000 4.000%74,900 309,900 384,80006/01/2050 70,200 70,20012/01/2050 265,000 4.000%70,200 335,200 405,40006/01/2051 64,900 64,90012/01/2051 275,000 4.000%64,900 339,900 404,80006/01/2052 59,400 59,40012/01/2052 310,000 4.000%59,400 369,400 428,80006/01/2053 53,200 53,20012/01/2053 325,000 4.000%53,200 378,200 431,40006/01/2054 46,700 46,70012/01/2054 365,000 4.000%46,700 411,700 458,40006/01/2055 39,400 39,40012/01/2055 380,000 4.000%39,400 419,400 458,80006/01/2056 31,800 31,80012/01/2056 420,000 4.000%31,800 451,800 483,60006/01/2057 23,400 23,40012/01/2057 440,000 4.000%23,400 463,400 486,80006/01/2058 14,600 14,60012/01/2058 730,000 4.000%14,600 744,600 759,200
5,505,000 4,999,400 10,504,400 10,504,400
9
May 2, 2018 8:52 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Yarrow Gardens MD ...:AAPR2018-28IGR18A,28IGR18A)
SUMMARY OF BONDS REFUNDED
YARROW GARDENS METROPOLITAN DISTRICTGENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2028Pay & Cancel Refunding of (proposed) Series 2018 + New Money55.277 (target) MillsAssumes Investment Grade, 100x, 30-yr. Maturity(Full Growth + 6% Bi-Reassessment Projections)[ Preliminary -- for discsussion only ]
Maturity Interest Par Call CallBondDateRateAmount Date Price
5/2/18: Ser 18 NR SP, 5.00%, 100x, 55.277mls, 6% BiRE:TERM48 12/01/2029 5.000%40,000.00 12/01/2028 100.00012/01/2030 5.000%55,000.00 12/01/2028 100.00012/01/2031 5.000%60,000.00 12/01/2028 100.00012/01/2032 5.000%75,000.00 12/01/2028 100.00012/01/2033 5.000%80,000.00 12/01/2028 100.00012/01/2034 5.000%95,000.00 12/01/2028 100.00012/01/2035 5.000% 100,000.00 12/01/2028 100.00012/01/2036 5.000% 120,000.00 12/01/2028 100.00012/01/2037 5.000% 130,000.00 12/01/2028 100.00012/01/2038 5.000% 150,000.00 12/01/2028 100.00012/01/2039 5.000% 160,000.00 12/01/2028 100.00012/01/2040 5.000% 185,000.00 12/01/2028 100.00012/01/2041 5.000% 195,000.00 12/01/2028 100.00012/01/2042 5.000% 220,000.00 12/01/2028 100.00012/01/2043 5.000% 235,000.00 12/01/2028 100.00012/01/2044 5.000% 265,000.00 12/01/2028 100.00012/01/2045 5.000% 275,000.00 12/01/2028 100.00012/01/2046 5.000% 310,000.00 12/01/2028 100.00012/01/2047 5.000% 325,000.00 12/01/2028 100.00012/01/2048 5.000% 365,000.00 12/01/2028 100.000
3,440,000.00
10
May 2, 2018 8:52 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Yarrow Gardens MD ...:AAPR2018-28IGR18A,28IGR18A)
ESCROW REQUIREMENTS
YARROW GARDENS METROPOLITAN DISTRICTGENERAL OBLIGATION REFUNDING & IMPROVEMENT BONDS, SERIES 2028Pay & Cancel Refunding of (proposed) Series 2018 + New Money55.277 (target) MillsAssumes Investment Grade, 100x, 30-yr. Maturity(Full Growth + 6% Bi-Reassessment Projections)[ Preliminary -- for discsussion only ]
Dated Date 12/01/2028Delivery Date 12/01/2028
5/2/18: Ser 18 NR SP, 5.00%, 100x, 55.277mls, 6% BiRE
Period PrincipalEnding Redeemed Total
12/01/2028 3,440,000.00 3,440,000.00
3,440,000.00 3,440,000.00
11
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 49-2018 - A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD NOVEMBER 6, 2018 AND
SUBMITTING A BALLOT QUESTION AUTHORIZING THE
CITY TO PROVIDE HIGH SPEED INTERNET SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager ISSUE:
In 2005, the Colorado General Assembly enacted Senate Bill 05-152, which prohibits local governments, such as the City of Wheat Ridge, from providing cable television services, telecommunication services, or high-speed internet services, either directly or indirectly, unless such services are authorized by the electorate. This resolution will submit the following language to the
Wheat Ridge voters on the November 6, 2018 ballot:
“SHALL THE CITY OF WHEAT RIDGE, WITHOUT INCREASING TAXES BY THIS MEASURE, AND TO RESTORE LOCAL AUTHORITY THAT WAS DENIED TO LOCAL GOVERNMENTS BY THE COLORADO GENERAL ASSEMBLY AND FOSTER A MORE COMPETITIVE MARKETPLACE, BE
AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET, INCLUDING
IMPROVED HIGH BANDWIDTH SERVICES, TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NON-PROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES EITHER DIRECTLY OR INDIRECTLY WITH
Council Action Form – High Speed Internet Ballot Question
August 13, 2018
Page 2 PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY ARTICLE 27, TITLE 29 OF THE COLORADO REVISED STATUTES”
PRIOR ACTION: Consensus was reached by City Council at the July 16 study session to bring forward a resolution to submit this ballot question to November 6, 2018 ballot. FINANCIAL IMPACT:
The City will participate in a coordinated election with Jefferson County to submit this ballot question to Wheat Ridge voters. The approximate cost to include this question on the ballot is between $10,000 and $20,000.
BACKGROUND:
SB 152 has been interpreted by some as prohibiting local governments from providing a wide spectrum of services, including such things as internet service in city libraries, parks and community centers; leveraging government infrastructure and partnering with private businesses to provide affordable and high speed internet services throughout the community; and direct provision of
broadband services by municipal government where needed.
A voter approved exemption from SB 152 would restore local independence and the ability for the City to evaluate all possibilities for next generation broadband services in the City of Wheat Ridge. Since the passage of SB 152, voters in 92 towns and cities and 23 counties have overwhelmingly
approved measures to allow their local government to decide whether to offer broadband services to
their residents. RECOMMENDATION: Staff recommends approval of the resolution.
RECOMMENDED MOTION: “I move to approve Resolution No 49-2018, a resolution giving notice of and calling for a special municipal election to be held November 6, 2018 and submitting a ballot question authorizing the City to provide high speed internet services.”
Or, “I move to postpone indefinitely Resolution No 49-2018, a resolution giving notice of and calling for a special municipal election to be held November 6, 2018 and submitting a ballot
question authorizing the City to provide high speed internet services, for the following
reason(s): ” REPORT PREPARED BY; Gerald Dahl, City Attorney
Patrick Goff, City Manager
Council Action Form – High Speed Internet Ballot Question
August 13, 2018
Page 3 ATTACHMENTS: 1. Resolution 49-2018
CITY OF WHEAT RIDGE, COLORADO RESOLUTION 49
Series of 2018
TITLE: A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 6, 2018 AND SUBMITTING A BALLOT QUESTION AUTHORIZING THE CITY TO PROVIDE HIGH SPEED
INTERNET SERVICES WHEREAS, the Home Rule Charter for the City of Wheat Ridge, Section 2.2 requires that a special election shall be called by resolution or ordinance of the City Council no less than 60 days in advance of such special election; and
WHEREAS, the Council is authorized to refer questions to the voters by the
Home Rule Charter and by CRS 31-11-111; and
WHEREAS, the Council desires to give notice of and call a special election to be held on the same date as and coordinated with the general election on November 6, 2018.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Special election called. Pursuant to the Wheat Ridge City Charter Sections 2.2 and 6.3, and CRS 31-10-
501 and 31-11-111, the City hereby gives notice of and calls a Special Municipal
Election to be held November 6, 2018 for the purpose of referring the Ballot Question set forth in Section 2 to the voters of the City in the manner set forth below:
Date: November 6, 2018
Qualifications of persons entitled to vote: 18 years of age registered to vote
Section 2. Ballot question referred to voters.
Ballot Question and Title:
“SHALL THE CITY OF WHEAT RIDGE, WITHOUT INCREASING TAXES BY THIS MEASURE, AND TO RESTORE LOCAL AUTHORITY THAT WAS
DENIED TO LOCAL GOVERNMENTS BY THE COLORADO GENERAL
ASSEMBLY AND FOSTER A MORE COMPETITIVE MARKETPLACE, BE AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET, INCLUDING IMPROVED HIGH BANDWIDTH SERVICES, TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS,
BUSINESSES, SCHOOLS, LIBRARIES, NON-PROFIT ENTITIES AND OTHER
ATTACHMENT 1
USERS OF SUCH SERVICES EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY
ARTICLE 27, TITLE 29 OF THE COLORADO REVISED STATUTES”
Section 3. Effective Date. This Resolution shall take effect upon adoption and signature by the Mayor.
DONE AND RESOLVED this _____ day of ______________ 2018.
____________________________________
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
ITEM NO: DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 50-2018 - A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD NOVEMBER 6, 2018 AND
SUBMITTING A BALLOT QUESTION AUTHORIZING THE
CITY TO RETAIN REVENUES IN CONNECTION WITH 2016 BALLOT QUESTION 2E PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager ISSUE:
The City included a question on the November 2016 ballot to increase debt by up to $33,000,000 and increase the City’s sales and use tax rate by ½ per dollar for 12 years or when $38,500,000 is raised for the “Investing 4 the Future” infrastructure projects. The required TABOR election notice was provided to all voters, which provided, among other information, an estimate of
$3,700,000 as the amount the tax increase would generate in 2017. The actual amount of new tax
revenue received by the City in 2017 was $4,157,931, which is $457,931 over the TABOR allowed amount. Consensus was reached by City Council to refer a question to the November 6, 2018 ballot asking
voters to allow the City to keep the excess revenue and temporary tax rate. This resolution will
submit the following language to the Wheat Ridge voters on the November 6, 2018 ballot: “SHALL THE CITY OF WHEAT RIDGE BE ENTITLED TO RETAIN ALL REVENUES FROM THE 2016 VOTER-APPROVED BALLOT QUESTION 2E "INVESTING 4 THE FUTURE" ½ CENT PER DOLLAR SALES AND USE TAX
ATTACHMENT 1
Council Action Form – TABOR Excess Revenue Ballot Question
August 13, 2018
Page 2 RATE INCREASE, AND TO CONTINUE TO COLLECT THE TAX AT THE ½ CENT PER DOLLAR RATE AND EXPEND SAID REVENUES INCLUDING ANY
INTEREST AND INVESTMENT INCOME THEREFROM, UNTIL REVENUES
FROM SUCH TAX INCREASE REACH $38.5 MILLION OR DECEMBER 31, 2028, WHICHEVER OCCURS FIRST, IN THE FOLLOWING WAYS DIRECTED BY THE VOTERS IN 2016:
• ANDERSON PARK IMPROVEMENTS;
• WADSWORTH BOULEVARD RECONSTRUCTION – 35TH AVENUE TO INTERSTATE-70;
• WHEAT RIDGE – WARD COMMUTER RAIL STATION AREA;
• CLEAR CREEK CROSSING – MIXED-USE DEVELOPMENT SITE ON THE
WEST SIDE OF I-70 AT 38TH AND YOUNGFIELD; WITHOUT REFUNDING ANY AMOUNT FOR EXCEEDING THE REVENUE ESTIMATES IN THE ELECTION NOTICE MAILED TO VOTERS IN 2016?
PRIOR ACTION: Consensus was reached by City Council at the July 23 study session to bring forward a resolution to submit this ballot question to November 6, 2018 ballot.
FINANCIAL IMPACT: The City will participate in a coordinated election with Jefferson County to submit this ballot question to Wheat Ridge voters. The approximate cost to include this question on the ballot is between $10,000 and $20,000.
BACKGROUND: The “underestimate clause” is a provision of the Taxpayer’s Bill of Rights (TABOR) that states if a new tax brings in more revenue in its first year than projected in an election notice, the taxing entity must refund the excess money and change the rate of the tax to match the actual revenue
amount. A government may seek voter approval to keep the excess revenues and keep the tax
rate the same. RECOMMENDATION: Staff recommends approval of the resolution.
RECOMMENDED MOTION: “I move to approve Resolution No. 50-2018, a resolution giving notice of and calling for a special municipal election to be held November 6, 2018 and submitting a ballot question authorizing the City to retain revenues in connection with 2016 Ballot Question 2E.”
Or,
Council Action Form – TABOR Excess Revenue Ballot Question
August 13, 2018
Page 3 “I move to postpone indefinitely Resolution No. 50-2018, a resolution giving notice of and
calling for a special municipal election to be held November 6, 2018 and submitting a ballot
question authorizing the City to retain revenues in connection with 2016 Ballot Question 2E, for the following reason(s): ” REPORT PREPARED BY; Gerald Dahl, City Attorney
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 50-2018
CITY OF WHEAT RIDGE, COLORADO
Resolution 50 Series of 2018
TITLE: A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 6, 2018 AND SUBMITTING A BALLOT QUESTION
AUTHORIZING THE CITY TO RETAIN REVENUES IN CONNECTION WITH 2016 BALLOT QUESTION 2E
WHEREAS, the Home Rule Charter for the City of Wheat Ridge, Section 2.2 requires that a special election shall be called by resolution or ordinance of the City Council no less than 60 days in advance of such special election; and
WHEREAS, the Council is authorized to refer questions to the voters by the Home Rule Charter and by CRS 31-11-111; and WHEREAS, the Council desires to give notice of and call a special election to be
held on the same date as and coordinated with the general election on November 6,
2018. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Special election called Pursuant to the Wheat Ridge City Charter Sections 2.2 and 6.3 and CRS 31-10-501 and 31-11-111, the City hereby gives notice of and calls a Special Municipal
Election to be held November 6, 2018 for the purpose of referring the Ballot
Question set forth in Section 2 to the voters of the City in the manner set forth below: Date: November 6, 2018
Qualifications of persons entitled to vote: 18 years of age registered to vote Section 2. Ballot question referred to voters
Ballot Question and Title:
“SHALL THE CITY OF WHEAT RIDGE BE ENTITLED TO RETAIN ALL REVENUES FROM THE 2016 VOTER-APPROVED BALLOT QUESTION 2E "INVESTING 4 THE FUTURE" ½ CENT PER DOLLAR SALES AND USE TAX
RATE INCREASE, AND TO CONTINUE TO COLLECT THE TAX AT THE ½
CENT PER DOLLAR RATE AND EXPEND SAID REVENUES INCLUDING ANY INTEREST AND INVESTMENT INCOME THEREFROM, UNTIL REVENUES
ATTACHMENT 1
FROM SUCH TAX INCREASE REACH $38.5 MILLION OR DECEMBER 31,
2028, WHICHEVER OCCURS FIRST,
IN THE FOLLOWING WAYS DIRECTED BY THE VOTERS IN 2016:
• ANDERSON PARK IMPROVEMENTS;
• WADSWORTH BOULEVARD RECONSTRUCTION – 35TH AVENUE TO
INTERSTATE-70;
• WHEAT RIDGE – WARD COMMUTER RAIL STATION AREA;
• CLEAR CREEK CROSSING – MIXED-USE DEVELOPMENT SITE ON THE WEST SIDE OF I-70 AT 38TH AND YOUNGFIELD;
WITHOUT REFUNDING ANY AMOUNT FOR EXCEEDING THE REVENUE ESTIMATES IN THE ELECTION NOTICE MAILED TO VOTERS IN 2016? _______ YES _______ NO
Section 3. Effective Date. This Resolution shall take effect upon adoption. DONE AND RESOLVED this ____ day of ____________, 2018.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk