HomeMy WebLinkAboutCouncil Agenda Packet 10-08-18 AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 8, 2018 7:00 p.m.
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CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of September 10, 2018 and Study Session Notes of October 1, 2018
PROCLAMATIONS AND CEREMONIES Aquatics Professional of the Year – Barb Kloberdanz
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: October 8, 2018 Page -2-
1. CONSENT AGENDA a. Motion to appoint Michael Griffeth to the Board of Adjustment, District IV vacancy, term to expire 3/02/21
b. Resolution 63-2018 – approving a contract with the Colorado Department of
Transportation for maintenance of traffic signals PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Resolution No. 66-2018 – adopting the City Budget and appropriating sums of money to
the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2019 Budget Year 3. Council Bill 26-2018 – amending the Wheat Ridge Code of Laws concerning hours of
operation for Medical Marijuana Centers and Retail Marijuana Stores 4. Resolution No. 62-2018 – approving an Eleven-Lot Subdivision Plat for property zoned Mixed Use-Neighborhood (MU-N) at 10590 W. 44th Ave. (Case No. WS-17-03/Clear Creek Townhomes)
ORDINANCES ON FIRST READING 5. Council Bill 27-2018 – approving an amendment to the Outline Development Plan for the Camelot Club Apartments Planned Residential Development (PRD) for property
located at 4635 and 4665 Kipling Street (Case No. WZ-18-03/Kipling Village) DECISIONS, RESOLUTIONS AND MOTIONS 6. Resolution NO. 64-2018 – Levying General Property Taxes for the Year 2018, to help
defray the costs of Government for the City of Wheat Ridge, Colorado for the 2019
Budget Year 7. Resolution 65-2018 – opposing “Amendment 74”, an attempt to amend the Colorado Constitution to drastically limit State and Local Government Services at a high cost to
taxpayers
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT
ITEM NO: DATE: October 8, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPOINT MICHAEL GRIFFETH TO THE BOARD OF ADJUSTMENT, DISTRICT IV VACANCY, TERM TO EXPIRE 3/02/21 PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Clerk City Manager ISSUE: There currently is a vacancy on the Board of Adjustment in District IV. Michael Griffeth is
currently serving on the Board of Adjustment as an Alternate and has applied for the District IV vacancy. Larry Mathews and Leah Dozeman support Michael Griffeth’s appointment to this position term ending 3/2/21. FINANCIAL IMPACT:
None BACKGROUND: There is a vacancy on this Board for District IV, term to expire 3/2/21. The City Clerk’s Office
received and application from Michael Griffeth who is seeking to fill this position.
RECOMMENDATIONS: Council Members Mathews and Dozeman are recommending that Michael Griffeth be appointed to fill this vacancy.
Council Action Form – Board of Adjustment District IV Vacancy
October 8, 2018
Page 2 RECOMMENDED MOTION: “I move to appoint Michael Griffeth to the Board of Adjustment District IV position, term to
expire March 2, 2021.” or
“I move to deny the appointment of Michael Griffeth to the Board of Adjustment District IV
position, for the following reason(s) . REPORT PREPARED BY: Robin Eaton City Clerk
ATTACHMENTS: 1. Application
ATTACHMENT 1
ITEM NO: DATE: October 8, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 63-2018 – A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF TRAFFIC SIGNALS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
____________________________ __________________________
Public Works Director City Manager ISSUE: The current agreement to maintain Colorado Department of Transportation (CDOT) traffic
signals at I-70 and 32nd Avenue is expiring and the City desires to continue this maintenance. In
addition, the agreement must also be modified to reflect changes to the signal locations per the recently approved I-70/32nd hook ramp and intersection modifications recently approved by CDOT as part of the Clear Creek Crossing project.
Three traffic signals at the I-70/32nd Avenue Interchange are owned by CDOT, and have been operated and maintained by the City per a previous agreement approved in 2013 that is now expiring. The City has been compensated by CDOT for this maintenance, and will continue to under terms of the new Agreement.
PRIOR ACTION: The City Council approved an agreement on August 11, 2008 to maintain traffic signals at the I-70/32nd Avenue interchange. Upon expiration of this agreement in 2013, Council approved a subsequent agreement on October 14, 2013 to continue the City’s maintenance of the signals.
BACKGROUND: CDOT currently requires ownership of traffic signals that control vehicles entering and leaving
Council Action Form – CDOT Traffic Signal Maintenance Agreement
October 8, 2018
Page 2 state freeways, including I-70. Because the traffic signals at the referenced location should be
coordinated with City-owned traffic signals, CDOT has agreed to City operation and
maintenance of the CDOT signals. With the pending construction of the Clear Creek Crossing development and associated access changes, City and CDOT staffs discussed associated maintenance obligations. It was agreed that
a continuation of the existing agreement reflecting the access modifications was in the best
interest of all parties. The signals identified in the agreement are located at the new westbound on/off ramps at Clear Creek Drive, the east-bound off ramp intersection with Youngfield Street, and the eastbound on ramp intersection with Youngfield Street. The City will continue to maintain the existing westbound on/off ramp at 32nd Avenue until Clear Creek Drive and the new
hook ramps are completed. Execution of a new agreement is now required as the current one is
expiring. The City Attorney has reviewed and approved the proposed contract with CDOT. FINANCIAL IMPACT:
The City will receive $10,080 per year to maintain three traffic signals at the I-70/32nd Avenue Interchange. RECOMMENDATIONS: Staff recommends continuing to maintain these traffic signals utilizing City staff. This will
ensure that these signals will operate in a coordinated manner with the City’s adjacent signals. RECOMMENDED MOTION: “I move to approve Resolution No. 63-2018, a resolution approving a contract with the Colorado
Department of Transportation for maintenance of traffic signals.”
Or, “I move to postpone indefinitely Resolution No. 63-2018, a resolution approving a contract with
the Colorado Department of Transportation for maintenance of traffic signals, for the following
reason(s) ____________________________________________________________.” REPORT PREPARED BY: Scott Brink, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution 63-2018 2. City of Wheat Ridge/CDOT Contract/Agreement
CITY OF WHEAT RIDGE, COLORADO Resolution No. 63
Series 2018
TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF TRAFFIC SIGNALS
WHEREAS, The City Council wishes to cooperate with the Colorado Department
of Transportation concerning maintenance of traffic signals in the City; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation for the City to maintain three traffic signals at the I-70/32nd Avenue Interchange.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF THREE TRAFFIC SIGNALS AT THE I-70/32ND AVENUE INTERCHANGE IS HEREBY APPROVED AND THE MAYOR AND CITY CLERK ARE AUTHORIZED AND DIRECTED TO EXECUTE THE SAME. DONE AND RESOLVED by the City Council this 8th day of October, 2018. By:
_____________________________ Bud Starker, Mayor ATTEST:
_________________________ Janelle Shaver, City Clerk
ATTACHMENT 1
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(State $Traffic Mtce) Rev 10/03 CITY OF WHEAT RIDGE Region: 1 (vjm)
CONTRACT
THIS AGREEMENT is entered into by and between the CITY OF WHEAT RIDGE (hereinafter called the “Local Agency”), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the “State” or “CDOT”).
RECITALS:
1.Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and asufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund
Number 400, Function: 2300, GL Account: 4511000010, and Cost Center: R1435-010. (Contract EncumbranceAmount: $0.00).
2.Required approval, clearance and coordination have been accomplished from and with appropriate agencies.3.Section 43-2-102 and 103, C.R.S., require the State to maintain State highways (including where such highways
extend through a city or an incorporated town), and Section 43-2-135(1)(i), C.R.S., as amended, requires the Stateto install, operate, maintain and control, at State expense, all traffic control devices on the State highway system
within cities and incorporated towns.4.The parties desire to enter this contract for the Local Agency to provide some or all of the certain Highway
maintenance services on State highways that are the responsibility of the State under applicable law, and for theState to pay the Local Agency a reasonable negotiated fixed rate for such services.
5.The parties also intend that the Local Agency shall remain responsible to perform any services and duties on Statehighways that are the responsibility of the Local Agency under applicable law, at its own cost.
6.The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103,43-2-104, and 43-2-144, C.R.S., as amended, and if applicable, in an ordinance or resolution duly passed and
adopted by the Local Agency, to enter into contract with the Local Agency for the purpose of maintenance oftraffic control devices on the State highway system as hereinafter set forth.
7.The Local Agency has adequate facilities to perform the desired maintenance services on State highways withinits jurisdiction.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Local Agency shall perform all maintenance services for the specified locations located within the Local Agency's jurisdiction and described in Exhibit A. Such services and highways are further detailed in Section 5.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority: 1.Special Provisions contained in section 22 of this contract
2.This contract3.Exhibit A (Scope of Work)
4.Exhibit C (Option Letter)5.Exhibit D (Encumbrance Letter).
Section 3. Term
This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on July 1, 2019,
whichever is later. The term of this contract shall be for a term of FIVE (5) years. Provided, however, that the State's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject
to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available therefor.
Section 4. Project Funding and Payment Provisions
A.The Local Agency has estimated the total cost of the work and is prepared to accept the State funding for the
work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorizedrepresentatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and
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to complete the work under the project. A copy of any such ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. Subject to the terms of this contract, for the satisfactory performance of the maintenance services on the Highways, as described in Section 5, the State shall pay the Local Agency on a lump sum basis, payable in monthly installments, upon receipt of the Local Agency's Statements, as provided herein. C. The State shall pay the Local Agency for the satisfactory operation and maintenance of traffic control devices under this agreement at the rates described in Exhibit A. D. The Local Agency will provide maintenance services as described in Exhibit A, for a total maximum amount of $10,080.00 per State fiscal year, and a maximum contract total shall not exceed the cumulative five-year total of $50,400.00. The negotiated rate per location shall remain fixed for the full five-year term of the contract, unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total payments to the Local Agency during the term of this contract shall not exceed that maximum amount, unless this contract is amended. The Local Agency will bill the State monthly and the State will pay such bills within 45 days. E. The Statements submitted by the Local Agency for which payment is requested shall contain an adequate description of the type(s) and the quantity(ies) of the maintenance services performed, the date(s) of that performance, and on which specific sections of the highways such services were performed, in accord with standard Local Agency billing standards. F. If the Local Agency fails to satisfactorily perform the maintenance services or if the Statement submitted by the Local Agency does not adequately document the payment requested, after notice thereof from the State, the State may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that segment or portion.
Section 5: State & Local Agency Commitments:
A. The Local Agency shall perform the maintenance services for the certain State highway system locations described herein. Such services and locations are detailed in Exhibit A. B. The Local Agency shall operate and maintain the specific traffic control devices, and at the particular locations, all as listed on Exhibit A, in a manner that is consistent with current public safety standards on State highways within its jurisdictional limits, and in conformance with applicable portions of the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement" thereto, which are referred to collectively as the "Manual" and which are incorporated herein by reference as terms and conditions of this agreement. The Local Agency shall provide all personnel, equipment, and other services necessary to satisfactorily perform such operation and maintenance. C. The Parties shall have the option to add or delete, at any time during the term of this agreement and subject to §17 of this agreement, one or more specific traffic control devices to the list shown in Exhibit A and therefore amend the maintenance services to be performed by the Local Agency under this agreement. The State may amend Exhibit A by written notice to the Local Agency using an Option Letter substantially equivalent to Exhibit C. D. The Local Agency may propose, in writing, other potential specific traffic control devices to be operated and maintained by the Local Agency during the term of this agreement, based on the same rates that had been initially agreed to by the Local Agency in Exhibit A. If the State determines in writing that operation and maintenance of those other devices by the Local Agency is appropriate, and is desirable to the State, and if the State agrees to add such devices to this agreement, then the State shall, by written Option Letter issued to the Local Agency in a form substantially equivalent to Exhibit C, add such devices to this contract. E. The Local Agency shall perform all maintenance services on an annual basis. The Local Agency's performance of such services shall comply with the same standards that are currently used by the State for the State's performance of such services, for similar type highways with similar use, in that year, as determined by the State. The State's Regional Transportation Director, or his representative, shall determine the then current applicable maintenance standards for the maintenance services. Any standards/directions provided by the State's representative to the Local Agency concerning the maintenance services shall be in writing. The Local Agency shall contact the State Region office and obtain those standards before the Local Agency performs such services.
Section 6. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials that pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and, if applicable, FHWA to inspect the project and to inspect, review and audit the project
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records.
Section 7. Termination Provisions
This contract may be terminated as follows: A. This contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only upon written notice thereof sent by registered, prepaid mail and received by the non-terminating party, not later than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the Local Agency only for that portion of the highway maintenance services actually and satisfactorily performed up to the effective date of that termination, and the Local Agency shall be responsible to provide such services up to that date, and the parties shall have no other obligations or liabilities resulting from that termination. Notwithstanding subparagraph A above, this contract may also be terminated as follows: B. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. C. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. D. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract.
Section 8. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract.
Section 9. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region 1, 2829 West Howard Place. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State’s Transportation Region 1 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives.
If to State If to the Local Agency CDOT Region: 1 City of Wheat Ridge
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Benjamin Kiene, P.E. Scott Brink Project Manager Director of Public Works 18500 East Colfax Avenue 7500 West 29th Avenue Aurora, CO 80011 Wheat Ridge, CO 80033 (303) 365-7307 (303) 235-2860 benjamin.kiene@state.cu.us sbrink@ci.wheatridge.co.us
Section 10. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
Section 11. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 12. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 13. Severability
To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof.
Section 14. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement.
Section 15. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed by the parties and approved pursuant to the State Fiscal Rules.
Section 16. Survival of contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 17. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of
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this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. A. Amendment Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties agree to change the provisions of this contract, the renegotiated terms shall not be effective until this contract is amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and implementing regulations), and be based on an increase/decrease in the "allowable costs" of performing the Work. Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved by the State Controller or delegee. Any such rate change will go into effect on the first day of the first month following the amendment execution date. B. Option Letter a. The State may increase/decrease the quantity of goods/services described in Exhibit A at the same unit prices (rates) originally established in the contract. The State may exercise the option by written notice to the Local Agency in a form substantially equivalent to Exhibit C. b. As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease the maximum amount payable under this contract based upon the unit prices (rates) originally established in the contract and the schedule of services required, as set by the terms of this contract. The State may exercise the option by providing a fully executed option to the Local Agency, in a form substantially equivalent to Exhibit C, immediately upon signature of the State Controller or an authorized delegate. The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will go into effect on the first day of the first month following the option letter execution date. C. State Encumbrance Letter The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral execution of an encumbrance letter in a form substantially equivalent to Exhibit D. The State shall provide a fully executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services shall continue at the same rate and under the same terms as established in the contract.
Section 18. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law.
Section 19. Does not supersede other agreements
This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect between the State and the Local Agency for other “maintenance services” on State Highway rights-of-way within the jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such activities/duties (if any) on such State Highway rights-of-ways that the Local Agency is required by applicable law to perform.
Section 20. SubLocal Agencys
The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local Agency first obtaining approval from the State for any particular subLocal Agency. The State understands that the Local Agency may intend to perform some or all of the services required under this contract through a subLocal Agency. The Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the express, written consent of the State, which shall not be
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unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns.
Section 21. Statewide Contract Management System
If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this § 21. Statewide Contract Management System applies. Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of Local Agency performance on state contracts and inclusion of contract performance information in a Statewide contract management system. Local Agency’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this contract, State law, including CRS §24-103.5-101, and State fiscal rules, policies and guidance. Evaluation and review of the Local Agency’s performance shall be part of the normal contract administration process and Local Agency’s performance will be systematically recorded in the statewide contract management system. Areas of evaluation and review shall include, but shall not be limited to, quality, cost and timeliness. Collection of information relevant to the performance of Local Agency’s obligations under this contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Local Agency’s obligations. Such performance information shall be entered into the Statewide contract management system at intervals established herein and a final evaluation, review and rating shall be rendered within 30 days of the end of the contract term. Local Agency shall be notified following each performance evaluation and review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation and review determine that Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation, and showing of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency may contest the final evaluation, review and rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Local Agency, by the Executive Director, upon showing of good cause.
Section 22. Special Provisions
These Special Provisions apply to all contracts except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
D. INDEPENDENT LOCAL AGENCY. The Local Agency shall perform its duties hereunder as an independent the Local Agency and not as an employee. Neither the Local Agency nor any agent or employee of the Local Agency shall be deemed to be an agent or employee of the State. the Local Agency and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for the Local Agency or any of its agents or employees. Unemployment insurance benefits will be available to the Local Agency and its employees and agents only if such coverage is made available by the Local Agency or a third party. the Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. the Local Agency shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. the Local Agency shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
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E. COMPLIANCE WITH LAW. The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. the Local Agency hereby certifies and warrants that, during the term of this contract and any extensions, the Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. The Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency’s services and the Local Agency shall not employ any person having such known interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required
to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action.
K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] The Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien
who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in
the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), the Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter
into a contract with a subthe Local Agency that fails to certify to the Local Agency that the subthe Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this contract. the Local Agency (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subthe Local Agency and the
contracting State agency within three days if the Local Agency has actual knowledge that a subthe Local Agency is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract
if a subthe Local Agency does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If the Local Agency participates in the Department program, the Local Agency shall deliver to the contracting State agency,
Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that the Local Agency has examined the legal work status of such employee, and shall comply with all of the other requirements
of the Department program. If the Local Agency fails to comply with any requirement of this provision or CRS
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§8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, the Local Agency shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. the Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract.
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Section 23. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY CITY OF WHEAT RIDGE
Name:_______________________________________ (print name)
Title: _______________________________________
(print title)
____________________________________________ *Signature
Date:_________________________________________
STATE OF COLORADO
John W. Hickenlooper Department of Transportation
By___________________________________________
Joshua Laipply, P.E., Chief Engineer
(For) Michael P. Lewis, Executive Director
Date:_________________________________________
2nd Local Agency Signature if needed
Name:_______________________________________ (print name)
Title: _______________________________________
(print title)
____________________________________________ *Signature
Date:_________________________________________
STATE OF COLORADO
LEGAL REVIEW Cynthia H. Coffman, Attorney General
By___________________________________________ Signature – Assistant Attorney General
Date:_________________________________________
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State agreements. This agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:______________________________________
Exhibit A
SCOPE OF WORK
Traffic Maintenance
List of Traffic Control Locations:
1. I-70 at Clear Creek Drive, (Westbound on/off ramps)
2. I-70 at Youngfield Street (Eastbound off-ramp)
3. I-70 at Youngfield Street (Eastbound on-ramp)
Number of signals – 3 signals.
Scope of Work:
The City shall maintain the traffic signals and associated pavement markings within the footprint
of the intersection, including stop bars and crosswalks, at the intersection locations listed above.
Any reconstruction, modification, or improvement initiated by the City or performed as a result of
a City project shall be included in the maintenance provided by the City.
Any reconstruction, modification, or improvement initiated by the State or performed as a result
of a State project shall be paid for separately by the State.
The City shall perform inspections of each location, in all directions, and submit documentation
to CDOT annually by October 10 for each year of this contract. Inspection shall include, but not
be limited to:
o Each signal lens operating and visible
o Signal timing is operating as programmed
o Controller and cabinet are clean and in good repair
o Communication to signal is connected and operating
o Vehicle detection is operating properly
o All luminaires attached to signal structure are operating
o Visual inspection of signal caissons, bolts, bolt tightening, steel, welds, and attachment
hardware
o Backup power testing
o Signal conflict monitor testing.
Any defects in the items listed above found at these intersections shall be remedied within 24
hours. Defects and remediation shall be documented and kept on file at the City and copied to
CDOT. Any defects not remedied will incur a price reduction in the following month’s
compensation in the amount of $280.00 per intersection.
Remediation of structural defects requiring foundation, pole, or mast-arm replacement of CDOT-
standard structures shall be the responsibility of CDOT. Replacement of non-CDOT-standard
foundations, poles, or mast-arms installed after July 1, 2018 shall be the responsibility of the City.
Exhibit A
Rate/Cost Schedule:
$280.00 Rate per signal per month
X 3 Signals
$840.00 Total monthly cost to maintain signals
$840.00 Total monthly payment to local agency
X 12 Months
$10,080 Total Annual Not to Exceed Amount
$10,080 Total Annual Not to Exceed Amount
X 5 years of the contract
$50,400 Total Contract Not to Exceed Amount
EXHIBIT B – LOCAL AGENCY RESOLUTION LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Exhibit C - Page 1 of 1
EXHIBIT C – OPTION LETTER SAMPLE OPTION LETTER
Date:_____________________________ State Fiscal Year:_________ Option Letter No.________ SUBJECT: [Amount of goods/Level of service change] In accordance with Paragraph(s)_______of contract routing number________, [original Routing #], between the State of Colorado Department of Transportation and [Local Agency name] covering the period of [July 1, 20___ through June 30, 20___], the state hereby exercises the option for an additional one year’s performance period at the cost/price specified in [Section, Paragraph or Exhibit], and a/an [increase/decrease] in the amount of goods/services at the same rate(s) as specified in [Section, Paragraph or Exhibit]. The amount of funds available and encumbered in this contract is [increased/decreased] by [$ amount of change] to a new total funds available of [$__________] to satisfy services/goods ordered under the contract for the current fiscal year, [FY___]. The first sentence in Paragraph ______ is hereby modified
accordingly. The total contract value to include all previous amendments, option letters, encumbrance letters, etc… is [$__________________].
APPROVALS: State of Colorado:
John W. Hickenlooper, Governor By:______________________________________________ Date:______________________ [for Executive Director, Colorado Department of Transportation]
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By: ___________________________________
Department of Transportation Date: _____________________
Exhibit D - Page 1 of 1
EXHIBIT D – ENCUMBRANCE LETTER
SAMPLE ENCUMBRANCE LETTER
Date: State Fiscal Year: Encumbrance Letter No. Routing #
1) Encumber fiscal year funding in the contract.
2) PROVISIONS: In accordance with Section(s) of the original Contract routing number between the State of Colorado, Department of Transportation, and [Contractor's Name], covering the term [Insert Orig start date] through [Insert Current ending date], the State hereby encumbers funds for the goods/services specified in the contract for fiscal year .
The amount of the current Fiscal Year encumbrance is [$ amount of change] bringing the total actual encumbrance for the contract to [Insert New $ Amt] as consideration for services/goods ordered under the contract for the current fiscal year .
Requisition # CDOT Document # Doc Line # WBS or Fund Center # Change Amount The total contract actual encumbered value including all previous amendments, option letters, encumbrance letters, etc. is [Insert New $ Amt].
3) EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State Controller or July 1, 20 , whichever is later.
STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Transportation
By:
(For) Executive Director Date: _____________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By: ___________________________________
Department of Transportation Date: _____________________
ITEM NO: DATE: October 8, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 66-2018 - A RESOLUTION ADOPTING
THE CITY BUDGET AND APPROPRIATING SUMS OF
MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2019 BUDGET YEAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
___________________________________
City Manager ISSUE: Sections 10.7 and 10.9 of the Wheat Ridge City Charter require that a public hearing on the
proposed budget be conducted before its final adoption and that the budget be adopted by resolution on or before the final day (December 15, 2018) established by state statute for the certification of the next year’s tax levy to the county. The proposed 2019 budget includes the following:
• A General Fund budget in the amount of $35,592,686
• An unrestricted fund balance of $6,854,963 or 19.3% of expenditures
• A General Fund transfer of $3,000,000 to the Capital Improvement Program (CIP),
$900,000 to the Open Space Fund and $100,000 to the Equipment Replacement Fund
• A 1.2% increase in the General Fund budget compared to the adjusted 2018 Budget
• Proposed CIP Fund in the amount of $10,512,000
• Proposed 2E Fund in the total amount of $22,385,758, including $3,498,300 for debt service
• Special Revenue Funds in the amount of $7,190,839
• Proposed budget (all funds) in the amount of $75,681,283
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 2 PRIOR ACTION:
• June 18, 2018 – the Outside Agency Program Review Committee presented their recommendations to City Council
• July 9, 2018 – first public meeting to provide opportunity for citizens to comment on the
budget
• August 13, 2018 – second public meeting to provide opportunity for citizens to comment on the budget
• September 7, 2018 – proposed 2019 budget books were distributed to City Council and
made available in the City Clerk’s Office for public review
• September 10, 2018 – proposed 2019 budget made available online for the public to review
• September 17, 2018 – proposed 2019 budget presented to City Council
FINANCIAL IMPACT: A total budget of $75,681,283 (all funds) is proposed. BACKGROUND: At the September 17, 2018 Study Session, City Council provided staff with consensus to bring the proposed budget forward to public hearing and adoption with the following changes: 1. Include an appropriation in the amount of $25,500 for the Wheat Ridge Environmental Sustainability Committee
2. Increase the contribution to the Carnation Festival by $20,000 for a total of $100,000 3. Increase the contribution to the Wheat Ridge Business District by $45,000 for the Façade Plus Grant Program for a total of $90,000 4. Decrease the contribution to Localworks by $60,000
OVERALL SUMMARY The total 2019 Proposed Budget including the General Fund, the CIP Fund, 8 special revenue funds and the 2E Investing 4 the Future Fund is $75,681,283. The Budget is based on projected revenues of $54,002,142. The beginning fund balance for 2019 is projected at $43,027,787, which brings the total available funds to $97,029,929. This will provide for a projected ending
fund balance of $21,348,646.
General Fund $35,592,686
Capital Improvement Program (CIP) Fund $10,512,000 Special Revenue Funds $7,190,839
2E Investing 4 the Future Fund $22,385,758
Total $75,681,283
General Fund General Fund revenue is projected at $35,562,186, which is a 1.5% increase compared to 2018
year-end estimated revenues and a 3.8% increase compared to what was originally budgeted in
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 3 2018. In addition, the beginning fund balance for 2019 is projected at $13,286,933, which brings
the total available funds for the General Fund to $48,849,119.
General Fund expenditures total $35,592,686, excluding transfers. General Fund expenditures represent a 1.2% increase compared to the adjusted 2018 Budget. The ending fund balance for the General Fund is projected at $9,256,433, of which $6,854,963 (19.3% of operating
expenditures) is considered unrestricted. The City’s financial policies require that the City
maintain a minimum unrestricted fund balance of at least two months or approximately 17% of its General Fund operating expenditures, as recommended by the Government Finance Officers Association. Capital Improvement Program (CIP) Fund
CIP Fund revenue is projected at $10,528,000 ($3,000,000 transferred from the General Fund) which is a 76% increase compared to the 2018 estimated revenue. In addition, the beginning fund balance for 2019 is projected at $10,792, which brings the total available funds for the CIP Fund to $10,538,792.
CIP expenditures total $10,512,000, which is a 36% increase, compared to the adjusted 2018 Budget. This will provide for a projected ending fund balance of $26,792. The Proposed 2019 CIP budget includes the following projects:
• $6.797 million for completion of Wadsworth right-of-way and final design
• $1.9 million for street preventative maintenance, primarily on Parfet and Teller Streets
• $395,000 for 44th Avenue bridge maintenance
• $343,500 for municipal facility security upgrades
• $300,000 for 26th and Fenton drainage project
• $136,500 for completion of the environmental assessment for the Clear Creek Crossing project
• $100,000 for Public Works and Parks operations facility master planning
• $100,000 for pavement striping maintenance
• $100,000 for sidewalk, bicycle and pedestrian enhancements adjacent to private
development
• $90,000 for Bike and Pedestrian Plan improvements
• $60,000 for traffic signal improvements
• $50,000 for citywide ADA infrastructure improvements
• $35,000 for aerial photography and GIS updates
• $35,000 for Neighborhood Traffic Management Program
• $25,000 for Clear Creek Master Plan update
• $25,000 for gateway signage program
• $10,000 for updates and corrections of City right-of-way and easement mapping
• $10,000 for neighborhood street light program
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 4 Special Revenue Fund – Open Space Open Space revenue is projected at $2,340,247 which is a 26% decrease compared to the 2018
estimated revenue. The large decrease is primarily due to a projected parkland sale in 2018 and more grants and developer fees in 2018. The beginning fund balance for 2019 is projected at $1,731,580, which brings the total available funds for the Open Space Fund to $4,071,827.
Open Space projects for 2019 include:
• Renovation of Prospect Park – Phase 2
• Reconstruction of Anderson Park
• Construction of “The Green” community plaza
• Open space and park maintenance projects Funding is also appropriated for seven Parks maintenance workers and the Forestry and Open
Space Supervisor. Open Space expenditures total $3,518,980, which is a 22% decrease compared
to the adjusted 2018 Budget. This will provide for a projected ending fund balance of $552,847, of which $127,362 is restricted to park improvements at the Wheat Ridge Ward station area. The future five-year Open Space Budget proposes the continuation of miscellaneous open space
improvements, parks maintenance projects, trail replacement and repair, Prospect Park improvements, improvements to a new Public Works and Parks operations facility, and funding for Parks employees. Special Revenue Fund – Conservation Trust Conservation Trust revenue is projected at $324,000, which is a 2.7% decrease compared to the 2018 estimated revenue. In addition, the beginning fund balance for 2019 is projected at $46,726, which brings the total available funds for the Conservation Trust Fund to $370,726. Conservation Trust projects for 2019 include:
• Renovation of Anderson Building
• Recreation Center maintenance projects
• New playground at the Recreation Center
• Resurface of tennis and basketball courts Conservation Trust expenditures total $303,700, which is a 70% decrease compared to the adjusted 2018 Budget. This will provide for a projected ending fund balance of $67,026.
The future Five-Year Conservation Trust Budget proposes to provide funds for Recreation Center maintenance needs, parks maintenance projects, resurfacing of tennis/basketball courts, playground replacement, and facility improvements to the Parks Maintenance Shops. Special Revenue Fund – Recreation Center
Recreation Center Operations revenue for 2019 is projected at $2,223,392, which is an increase of 1.9%, compared to the 2018 estimated revenue. In addition, the beginning fund balance for
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 5 2019 is projected at $278,165, which brings the total available funds for the Recreation Center
Operations Fund to $2,501,557.
Recreation Center expenditures total $2,489,411, which is a 1.8% decrease compared to the adjusted 2018 Budget. This will provide for a projected ending fund balance of $12,146. Special Revenue Funds – Other
Several other Special Revenue Funds are also included in this Budget to track revenues and expenditures that are designated by law to be used for specific purposes or are used to simplify the budgeting process. Those funds include Public Art, Police Investigation, Municipal Court, Equipment Replacement, and Crime Prevention/Code Enforcement. Detailed revenue and
expenditure information for these funds can be found in the Special Revenue Funds and the Line
Item Accounts sections of the Budget. 2E Investing 4 the Future Fund The 2E Investing 4 the Future Fund was created in 2017 as a special fund to account for the 2E
bond and debt activity. 2019 revenues from the 0.5% sales and use tax, interest and
reimbursements are projected at $6,223,292. In addition, the beginning fund balance for 2019 is projected at $26,780,258, which brings the total available funds for the 2E Fund to $33,003,550. 2E Fund expenditures total $22,385,758, of which $18,887,458 is for 2E project expenditures and $3,498,300 is for debt service on the 2E bonds. This will provide for a projected ending fund
balance of $10,617,792.
2E Investing 4 the Future projects for 2019 include:
• Final construction of the hook ramps on I-70 for the Clear Creek Crossing development
• Reconstruction of streets adjacent to the Wheat Ridge Ward Station including Ridge Road, 52nd Avenue, Tabor Street and linear park and pedestrian bridge
• Acquisition of right-of-way required for the reconstruction of Wadsworth Boulevard
• Final renovation of Anderson Park, Anderson Building and outdoor pool bathhouse SHORT-TERM FISCAL CHALLENGES/OPPORTUNITIES Sales Tax and General Fund Revenue Sales tax, the City’s largest revenue source, for 2019 is projected to increase by 5.4% compared
to 2018 estimated revenue. Approximately one-third of this increase is attributed to the Wheat
Ridge Corners development. Overall, total General Fund revenue for 2019 is projected to increase by 1.5% compared to 2018 year-end estimated revenue and increase by 3.8% compared to what was originally budgeted in the 2018 budget. Redevelopment Projects Walmart closed its doors in Wheat Ridge on July 7, 2017, which continues to impact total City revenues due to the associated loss in sales tax revenue. Regency Centers, the owner of the Applewood Shopping Center where Walmart was located, is in active negotiations with four national retail tenants to backfill the Walmart space. The exact date when those tenants will open
for business is unknown, but it is anticipated to be in the 4th quarter of 2019. Because of this
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 6 uncertainty, sales tax revenue from these tenants has not been factored into the 2019 Budget.
These four tenants are projected to generate between $800,000 and $900,000 in sales tax revenue
annually. The Corners at Wheat Ridge is currently under construction and the anchor tenant, Lucky’s Market, opened on August 6, 2018 and several other retail tenants are scheduled to open before
the end of 2018. The 2018 Budget includes three months of revenue from this project in the
amount of $215,500. When the project is fully built out, an additional 75,000 sq. ft. of commercial retail space will be added to the City. The project is projected to generate approximately $650,000 in sales tax revenue annually.
The Clear Creek Crossing project entitlements and public finance agreement were finalized and
approved in 2018. The developer is finalizing the leasing plan for potential tenants to include retail, residential, a medical campus, hospitality and entertainment. The retail component of the project will likely open in 2020; therefore, no new sales tax revenue from this project is included in the 2019 budget. The Longs Peak Metropolitan District (LPMD) will reimburse the City
$507,038 for the environmental assessment expense the City incurred over the last several years
for the I-70 hook ramp project. The reimbursement will occur when the LPMD issues bonds for the Clear Creek Crossing project, likely in 2019. This reimbursement revenue has not been factored into the 2019 budget. Once the project is fully built out, sales tax, lodging, admissions and use tax revenue is projected to total $1.8 million annually.
Several other commercial redevelopment projects across the City are projected to increase sales tax revenue starting sometime in 2019. Approximately 22,500 sq. ft. of additional restaurant and fast casual food options will be constructed across the City including Hacienda Colorado and a fast casual restaurant at the Applewood Shopping Center, a fast casual restaurant at the Kipling
Ridge project and other neighborhood commercial retail options at the West End 38 project. In
total, all projects are projected to generate approximately $300,000 in sales tax revenue annually. WHEAT RIDGE 2035 VISION TOPICS AND SMART GOALS The Mayor, City Council and staff work together periodically to develop and update a strategic
plan that includes a vision, goals and priorities. City Council met in the spring of 2017 and
developed an updated Vision 2035 to include Vision Topics and Smart Goals. Staff used the most current vision topics and strategic priorities to guide the development and prioritize projects for the 2019 Budget.
Vision Topics:
1. Wheat Ridge is an attractive and inviting City 2. Wheat Ridge is a community for families 3. Wheat Ridge has great neighborhoods 4. Wheat Ridge has a choice of economically viable commercial areas
5. Wheat Ridge has diverse transportation
6. Wheat Ridge is committed to environmental stewardship 7. Wheat Ridge residents enjoy an active, healthy lifestyle
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 7 8. Wheat Ridge residents are proud of their hometown
2018/2019 Strategic Priorities: 1. Update the Neighborhood Revitalization Strategy 2. Develop an I-70/Kipling Corridor Strategy to address crime, aesthetics, and redevelopment opportunities
3. Finalize design of 38th Avenue streetscape
4. Work with the Colorado Department of Transportation to prioritize I-70/Kipling improvements 5. Set a policy on “shared housing” (e.g. Airbnb, VRBO)
Council’s Smart Goals are outlined in the Vision and Goals section of this document. The
proposed 2019 Budget includes several priority expenditures that play an important role in helping the City achieve the strategic vision. Strategic Priorities:
• Urban renewal funding for Renewal Wheat Ridge (RWR) projects $300,000
• Tax Increment Financing (TIF) – Kipling Ridge, Wheat Ridge Corners, Swiss Flower $665,823
• Ridge at 38 public events $160,000
• Wheat Ridge Business District (WRBD) grant program $90,000
• Live Local events $40,000
• Building up Business Loan Program (BUBL) $30,000
• 44th Avenue Corridor marketing efforts $7,500
• 29th Avenue Marketplace marketing efforts $5,000
• 38th Avenue marketing $30,000
• 44th Avenue planning effort $150,000
• Wadsworth reconstruction project $9.83 million
• Clear Creek Crossing hook ramps $5.06 million
• Gold Line station public infrastructure $8.3 million
• Preventative street maintenance $1.9 million
• Bridge maintenance $395,000
• Prospect Park improvements $1.2 million
• Redevelopment of “The Green” $900,000
• Anderson Park renovation $3.43 million
• Traffic Safety, Life Quality and Crime Reduction (TLC) Program $30,000
• ADA improvements citywide $50,000
• Large-item pickup program $5,000
• New snow plow $220,000
• Historic building management and maintenance $83,850
• Wheat Ridge 50th Anniversary planning $60,000
• Carnation Festival contribution $100,000 plus staff overtime $25,500
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 8
• City employee Innovation Committee $10,000
• Citizen Academy $5,000
• Wheat Ridge Education Alliance $2,500
OUTSIDE AGENCY CONTRIBUTIONS In 2016, City Council appointed a Citizen Review Committee to make recommendations for contributions to outside agencies. Following are the Committee’s recommendations for 2019: The Action Center $3,000
Active Transportation Advisory Committee $500
Audio Information Network $1,600
Court Appointed Special Advocates $4,800
Chanda Plan Foundation $5,000
Community Table $11,500
Family Tree $5,600
Farmers 5000 $2,500
Feed the Future (WR) $8,000
Friends of Paha $1,200 Institute for Environmental Solutions (IES) $1,800
Jefferson Center for Mental Health $3,700
Jefferson County Library Foundation $1,310
Jewish Family Services-Colorado Senior Connections $5,700
Lutheran Foundation – Heroes of Hope $3,600
Outdoor Lab Foundation $18,500
Regional Air Quality Council $2,600
Senior Resource Center Circulator Bus $26,000
Sunshine Home Share $2,500
Wheat Ridge Community Foundation $4,700
Wheat Ridge Optimist Club $1,200 Wheat Ridge High School STEM/STEAM $18,100
TOTAL $133,410
DEBT At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E, which temporarily increased the sales and use tax levied by the City by one-half of one percent (3% to 3.5%) for up to 12 years or when $38.5 million is raised, whichever occurs first. It also authorized the issuance of debt to finance City investment in public
infrastructure to facilitate economic development opportunities. Sales and use tax revenue bonds were issued on May 2, 2017 to finance four specific City investments including Anderson Park, Wadsworth Boulevard, Wheat Ridge Ward G Line station development and the Clear Creek Crossing development.
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 9 The par amount of the bond issue was $30,595,000 with a net premium of $2,687,079 for a total
of $33,282,079. Of this amount $33 million was deposited into Fund 31 for the four specific City
investments, $152,975 was allocated for the underwriter’s discount and $129,104 for costs associated with the bond issue. The maximum repayment cost of the bonds will not exceed $38,500,000 and maximum annual repayment cost will not exceed $3,700,000. In the budget, $3,498,300 is budgeted for the 2019 annual debt service.
Ballot question 2E restricted the increase of taxes in the 2017 fiscal year to $3,700,000 and by whatever additional amount is received for the 11 years thereafter. Due to an increase in use tax revenues from the May 8, 2017 hailstorm, 2E revenues exceeded this cap by $457,931. City Council approved a resolution to submit a question to the November 2018 ballot asking voters to
allow the City to retain the revenue overage. Additional information about the 2E ballot question
and Fund 31 can be found behind the 2E Fund tab in this notebook. Additionally, the City has the following long-term financial obligations:
Renewal Wheat Ridge
The City’s Urban Renewal Authority (Renewal Wheat Ridge), is a component unit of the City. Renewal Wheat Ridge provided a loan in the amount of $2.455 million, accruing interest at 3.16% per annum, for the Kipling Ridge commercial center development at 38th and Kipling. The term of this loan expires in 2023 and will be paid from sales and property tax incremental
revenue from the Kipling Ridge project. The balance of the loan as of December 31, 2018, will
be $1.673 million. Community Solar Garden On March 23, 2015, the City entered into an agreement to purchase electric generating capacity in a
solar garden. The agreement was funded on April 13, 2015, with a lease agreement for $800,000.
The solar power capacity is recorded as capital assets in the amount of $776,628. A portion of the loan proceeds was used to pay issuance costs of $23,372. Annual payments of $80,167, including principal and interest accruing at 5.75%, are due through May 1, 2030. As of December 31, 2018, the City has a capital lease outstanding amount of $667,218. For its participation, it is estimated the
City will receive $60,000 in energy credits from Xcel in 2019 to be used to pay this lease and
against energy consumption at various facilities. Fruitdale School Lofts In 2016, the City Council approved a loan in the amount of $2.585 million from General Fund
reserves to the Fruitdale School Partners. The loan was for the redevelopment of the Fruitdale
School property into a mix of 16 market-rate and income-restricted rental housing units. Fruitdale School Partners repaid $1.5 million of the loan in 2018. The remaining $1,085,000 will be paid over a 40-year period and, until that time, will remain as a restricted balance in the General Fund reserves.
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 10 COMPENSATION, BENEFITS AND STAFFING Compensation
Personnel-related expenses account for the largest portion of the City’s Budget; therefore, maintaining this investment is a high priority. In 2013, the City launched a new compensation plan for full-time/part-time benefited employees that is financially sustainable and is a plan that will help the City recruit and retain top talent. Additionally, the compensation plan is market-
based and fully aligned with the
Performance Management Project (PMP) that has culminated in the full implementation of a pay-for-performance system. The City’s pay-for-performance model is consistent with the culture and commitment to A.C.T.I.O.N! – the City’s core values of Accountability – Change –
Teamwork – Integrity – Opportunity – Now! It is important for the City to reward employees
who exemplify these core values and who help achieve the City’s strategic results. The compensation plan consists of two sub plans 1) a pay-for-performance open range plan, which includes civilian and police sergeants and higher ranks, and 2) a sworn step plan, which
includes police officer I and II positions. Employees will be eligible for a performance increase
on January 1, 2019, based on how well they meet the core values and competencies of the PMP system. The pay-for-performance budget is determined on an annual basis according to what comparable
organizations are providing and what the City can afford for that fiscal year. The City will
conduct the next biennial market review in 2018. The 2019 budget includes $460,000 to fund performance increases for both sub plans. The updated plan is under development and will be included in the final budget document.
Benefits
The City continues to provide a competitive benefits package to employees that includes medical, dental, life and disability benefits. Throughout the year, staff works closely with the City’s benefit broker, IMA, to ensure that the City is controlling benefit costs while still providing a competitive benefits package to its employees, which is a vital part of the City’s total
compensation approach to pay.
The City currently provides Kaiser Permanente plans for employee medical benefits. Medical premiums will not experience an increase for 2019. There are several key factors that play a role in calculating the City’s health care premium renewal. The City’s Wellness Program is a
positive contributing factor to the minimal premium increase. Historically, the City’s premium
increases ranged from 10 – 15%, which continues to be the market average. The City will continue to encourage enrollment and active participation in the Wellness Program. There will be no increases to the dental, life and short-term disability premiums in 2019.
In 2018, the City will continue to offer the High Deductible Health Plan (HDHP) and the
Deductible HMO (DHMO) added in 2017. The HDHP plan was added in 2013 and is a consumer model of health care paired with a Health Savings Account (HSA). The goal of the
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 11 consumer-driven HDHP and DHMO is to encourage employees to manage costs through
effective use of health care.
The City currently contributes to a 401(a) retirement plan for nonsworn employees. Employees contribute 4% to the plan and the City matches 4%. The Employee Retirement Committee conducted a survey of other neighboring Colorado communities and determined that the City is
under market for retirement contributions. The average governmental retirement contribution for
the 15 cities surveyed is 6.04%. To continue to remain competitive and to attract the best talent as possible, the 2019 Budget includes funding in the amount of approximately $180,000 to increase the City’s retirement match to 6%.
Staffing
In 2018, the City’s staffing level was at 243.375 FTE’s and decreased by 18.0 FTE’s, to a total of 225.375 FTE’s, due to the regionalization of the Police Department communications center and the outsourcing of the City’s building division. The 2019 staffing level will increase by a net of 9.0 FTE’s for a total of 234.375 FTE’s in all funds.
General Fund
2.0 FTE Parks Maintenance Worker I – Parks and Recreation These two positions will assist in the maintenance of new park amenities that have been added to the City’s inventory over the last several years without an increase in maintenance staff. Those
amenities include Hopper Hollow Park, Discovery Park and improvements to Anderson and
Prospect Parks. Within these parks comes an increase of 490,000 sq. ft. of sod, 15 additional irrigation lines, 34,000 sq. ft. of connecting walking paths and additional concrete areas and several new picnic shelters and bleachers. These new positions will also assist in the installation and removal of the new portable fence at Anderson Park. These new positions will assist the City
in addressing the 2035 Vision Topic “Wheat Ridge residents enjoy an active, healthy lifestyle.”
1.0 FTE Forestry Assistant – Parks and Recreation In 2002, the City had 7.0 FTE dedicated to forestry and horticultural services throughout the City. Staffing levels were reduced to 3.0 FTE since that time as were required by budget cuts and
other restraints. Since 2002, four additional parks have been constructed and additional right-of-
way maintenance responsibilities (38th Ave streetscape, G Line TOD site, Kipling and I-70 entry and exit ramp landscaping, 50th Avenue median, etc.) have increased the workload for the Forestry and Natural Resources programs. This new position will assist the City in addressing the 2035 Vision Topic “Wheat Ridge is an attractive and inviting City.”
1.0 FTE Horticultural Assistant – Parks and Recreation In 2002, the City had 7.0 FTE dedicated to forestry and horticultural services throughout the City. Staffing levels were reduced to 3.0 FTE since that time as were required by budget cuts and other restraints. Since 2002, four additional parks have been constructed and additional right-of-
way maintenance responsibilities (38th Ave streetscape, G Line TOD site, Kipling and I-70 entry
and exit ramp landscaping, 50th Avenue median, etc.) have increased the workload for the
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 12 Forestry and Natural Resources programs. This new position will assist the City in addressing
the 2035 Vision Topic “Wheat Ridge is an attractive and inviting City.”
2.0 FTE Police Officer – Police Department The Police Department anticipates an increase in calls for service related to the Clear Creek Crossing development. Based on the size of the property, projected uses and housing options, the
Department anticipates calls for service including traffic, criminal and non-criminal events,
quality of life issues, property and economic crimes such as theft, fraud and forgery and minimal person’s crimes. With the addition of two police officers, the Department will have the ability to increase staff in this area of the City throughout the week, during the peak hours that businesses will be open. These new positions will assist the City in addressing the 2035 Vision Topic
“Wheat Ridge offers a choice of economically viable commercial areas” and “Wheat Ridge is a
community for families.” 1.0 FTE Persons Detective – Police Department In 2015, the International Association of Chiefs of Police performed a staffing analysis of the
Patrol Operations Division and the Investigations Bureau. The analysis indicated that the Bureau
needed an additional Persons Team Detective for the purpose of investigating domestic violence related felonies. In addition to aiding with the Department’s focus on prosecuting felony violations involving domestic relationships, this position would be key to providing Wheat Ridge’s contribution to the First Judicial District Attorney’s Office Family Justice Center
Program. This new position will assist the City in addressing the 2035 Vision Topic “Wheat
Ridge is a community for families.” 1.0 FTE Special Investigations Sergeant – Police Department In 2015, the International Association of Chiefs of Police performed a staffing analysis of the
Patrol Operations Division and the Investigations Bureau. The analysis indicated that the Bureau
needed an additional Sergeant, assigned to the Special Investigations Unit to supervise the critical areas of drug enforcement, auto theft investigations and vice and intelligence. Currently, detectives with the Special Investigations Unit report directly to the Investigations Bureau Commander rather than having a supervisor who can participate in their day-to-day operations.
This new position will assist the City in addressing the 2035 Vision Topic “Wheat Ridge is a
community for families.” 0.5 FTE IT Support Technician – Administrative Services This position is currently a 0.5 FTE benefited employee and the request is to increase it to a 1.0
FTE benefited IT Support Technician. This increase in FTE will allow other IT Division
employees to work on strategic priorities to implement new technologies that increase workflow efficiencies and decrease costs. This increase in FTE will assist the City in addressing the 2035 Vision Topic “Wheat Ridge residents are proud of their hometown.”
0.5 FTE Digital Communications Specialist – Administrative Services
This position is currently a 0.5 FTE benefited employee and the request is to increase it to a 1.0 FTE benefited Digital Communications Specialist. As the City’s website gains ground as a
Council Action Form – Adopting the 2019 City Budget
October 8, 2018
Page 13 communications tool to update the community and keep constituents informed, this increase in
FTE will enable the City to respond more proactively in maintaining website links, creating new
content and Newsflashes, supporting activity on social media sites such as Facebook, Twitter and NextDoor as well as special event logistics. Social media also demands a graphic presence in order to increase engagement. This position will assist in capturing community images through photography and video for use in all of the City’s communication mediums. This increase in FTE
will assist the City in addressing the 2035 Vision Topic “Wheat Ridge residents are proud of
their hometown.” In the back of the Staffing section of this book you will find a Five-Year Staffing Plan for 2020 to 2024. Over the last decade we have done our best to provide a level of service expected by
City Council and the community. The City has typically operated with a very lean staff;
however, as community expectations change we must ensure the City has adequate staffing to meet those demands. This Plan will be evaluated annually to determine the most cost-effective way to continue providing exceptional customer service and quality programs. RECOMMENDATIONS:
Adopt the 2019 Budget as amended. RECOMMENDED MOTION: “I move to approve Resolution No. 66-2018, a resolution adopting the City Budget and
appropriating sums of money to the various funds and spending agencies for the City of Wheat
Ridge, Colorado for the 2019 Budget Year.” Or,
“I move to postpone indefinitely Resolution No. 66-2018, a resolution adopting the City Budget
and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2019 Budget Year for the following reason(s) _________________________________________________________________________.”
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager Attachments: 1. Resolution No. 66-2018
2. Revised 2019 Proposed Revenues & Expenditures Summary
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 66 Series of 2018
TITLE: A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR THE 2019 BUDGET YEAR
WHEREAS, the City of Wheat Ridge annual budget for the fiscal year 2019 has
been established and public hearings and meetings have been held after duly published public notices; and WHEREAS, the budget provides for the combination of revenues and excess fund
balance reserves equal to or greater than the total proposed expenditures as set forth in
said budget in the total amount of $75,681,283, which includes the following funds:
1. Fund 01 - General Fund $39,592,686
2. Fund 12 - Public Art Fund $65,000
3. Fund 17 - Police Investigation Fund $15,500
4. Fund 30 - Capital Improvement Fund $10,512,000
5. Fund 31 - 2E Investing 4 the Future Fund $22,385,758
6. Fund 32 - Open Space Fund $3,518,980
7. Fund 33 - Municipal Court Fund $39,000
8. Fund 54 - Conservation Trust Fund $303,700
9. Fund 57 - Equipment Replacement Fund $163,127
10. Fund 63 - Crime Prevention Fund $596,121
11. Fund 64 - Recreation Center Operation Fund $2,489,411
Total: $
Less Transfers: ($ 4,000,000)
Total Expenditures: $75,681,283 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that the City of Wheat Ridge total budget as stated in the
Resolution be hereby approved, adopted, and appropriated for the entire fiscal period
beginning January 1, 2019 and ending December 31, 2019. DONE AND RESOLVED THIS ________ day of _____________, 2018.
________________________________
Bud Starker, Mayor ATTEST: ____________________________
Janelle Shaver, City Clerk ATTACHMENT 1
Beginning
Balance
(1/1/19)
+Revenues =Funds
Available -Expenses =
Fund
Balance
(12/31/19)
Operating Funds
General $13,286,933 +$35,562,186 =$48,849,119 -$39,592,686 =$9,256,433
Total Operating Funds $13,286,933 +$35,562,186 =$48,849,119 -$39,592,686 =$9,256,433
Unrestricted Fund Balance $6,854,963
19.3%
Capital Funds
Capital Improvement Program $10,792 +$10,528,000 =$10,538,792 -$10,512,000 =$26,792
Total Capital Funds $10,792 +$10,528,000 =$10,538,792 -$10,512,000 =$26,792
Special Revenue Funds
Public Art Fund $106,578 +$181,430 =$288,008 -$65,000 =$223,008
Police Investigation $40,995 +$45 =$41,040 -$15,500 =$25,540
Open Space $1,731,580 +$2,340,247 =$4,071,827 -$3,518,980 =$552,847
Municipal Court $91,366 +$28,250 =$119,616 -$39,000 =$80,616
Conservation Trust $46,726 +$324,000 =$370,726 -$303,700 =$67,026
Equipment Replacement $130,718 +$103,300 =$234,018 -$163,127 =$70,891
Crime Prevention/Code Enforcement Fund $523,676 +$488,000 =$1,011,676 -$596,121 =$415,555
Recreation Center $278,165 +$2,223,392 =$2,501,557 -$2,489,411 =$12,146
Total Special Revenue Funds $2,949,804 +$5,688,664 =$8,638,468 -$7,190,839 =$1,447,629
2E Investing 4 the Future
2E Bond Expenditures $26,780,258 $6,223,292 $33,003,550 $18,887,458 $14,116,092
2E Debt Service $0 $0 $0 $3,498,300 $0
Total 2E Investing 4 the Future $26,780,258 +$6,223,292 =$33,003,550 -$22,385,758 =$10,617,792
Total Operating Funds $13,286,933 +$35,562,186 =$48,849,119 -$39,592,686 =$9,256,433
Total Capital Funds $10,792 +$10,528,000 =$10,538,792 -$10,512,000 =$26,792
Total Special Revenue Funds $2,949,804 +$5,688,664 =$8,638,468 -$7,190,839 =$1,447,629
Total Investing 4 the Future $26,780,258 $6,223,292 $33,003,550 $22,385,758 $10,617,792
(Less Transfers)+($4,000,000) =($4,000,000) -($4,000,000) =
GRAND TOTAL ALL FUNDS $43,027,787 +$54,002,142 =$97,029,929 -$75,681,283 =$21,348,646
GRAND TOTAL LESS BOND
AND DEBT $16,247,529 $47,778,850 $64,026,379 $53,295,525 $10,730,854
Budget Summary by Fund
ATTACHMENT 2
2017 2018 2018 2019
Actual Adjusted Estimated Proposed
SALES TAXES
Sales Tax $18,783,886 $18,619,038 $18,956,600 $19,889,755
Sales Tax Audit Revenue $47,043 $275,000 $150,000 $300,000TIF - Wheat Ridge Cyclery $0 $0 $0 $0
ESTIP - Liquid Art Works (Colorado Plus)$5,013 $0 $0 $0
ESTIP - Muscle Masster $0 $0 $0 $0
ESTIP - Walrus (West 29th Ave Rest)$0 $0 $0 $0
TIF - Kipling Ridge $507,232 $550,000 $486,942 $462,595
TIF - WR Corners $0 $215,500 $62,099 $182,228
TIF - Swiss Flowers $0 $0 $0 $21,000TOTAL SALES TAXES $19,343,174 $19,659,538 $19,655,641 $20,855,578
OTHER TAXES
Real Property Tax $854,613 $904,096 $970,000 $989,532Liquor Occupational Tax $95,289 $78,596 $62,000 $62,000
Auto Ownership Tax $83,987 $65,000 $97,426 $90,000
Xcel Franchise Tax $1,194,874 $1,300,000 $1,195,000 $1,195,000Telephone Occupation Tax $465,217 $451,440 $475,000 $475,000
Lodgers Tax $806,950 $790,000 $758,533 $760,000
Admissions Amusement Tax $41,025 $42,000 $43,000 $43,000
TOTAL OTHER TAXES $3,541,955 $3,631,132 $3,600,959 $3,614,532
USE TAXES
Use Tax - Retail/Professional $884,379 $914,218 $959,931 $950,000
Use Tax - Building $2,579,093 $1,400,000 $1,750,000 $1,500,000
Use Tax - Auto $2,234,924 $1,700,000 $2,100,000 $1,800,000
TOTAL USE TAXES $5,698,397 $4,014,218 $4,809,931 $4,250,000
LICENSE
Amusement Machine License $5,760 $6,000 $6,000 $6,000
Arborist License $1,660 $1,725 $1,600 $1,600
Contractors License $174,275 $120,000 $150,000 $150,000Liquor License Fee $17,320 $15,500 $19,000 $19,000
Building Permits $2,296,069 $1,000,000 $1,000,000 $750,000
Street Cut Permits $181,893 $205,000 $200,000 $200,000Cable TV Permits $415,228 $390,000 $410,000 $410,000
Pawn Shop License Fees $10,000 $10,000 $10,000 $10,000
Business License Fees $117,744 $106,865 $89,880 $90,880
TOTAL LICENSE $3,219,949 $1,855,090 $1,886,480 $1,637,480
General Fund Revenues
2017 2018 2018 2019
Actual Adjusted Estimated Proposed
General Fund Revenues
INTERGOVERNMENTAL
Cigarette Tax $84,603 $85,000 $83,000 $83,000
County Road and Bridge $303,036 $280,000 $315,811 $315,000
Arvada Ridge Redevelopment $100,000 $100,000 $100,000 $100,000Highway Users Tax $1,064,331 $1,050,000 $1,327,185 $1,107,352
Motor Vehicle Registration $122,722 $135,000 $120,000 $120,000
EPA Brownfields Grant $33,505 $0 $0 $0Police - CATPA Auto Theft Grant $62,931 $80,000 $80,000 $81,257
Police - Seat Belt Safety Grant $4,403 $3,000 $1,470 $1,500
Police - HIDTA Drug Overtime Grant $15,674 $10,000 $10,000 $10,000
Police - JAG/Bryne Grant $11,288 $10,178 $0 $20,273Police - Child Safety Grant $0 $1,675 $1,675 $1,675
Police - Ballistic Vest Grant $3,897 $0 $5,000 $1,500
Police - LEAF Grant $17,028 $10,000 $0 $0Police - HVIDE Grant $19,353 $15,000 $8,375 $8,375
Police - POST Grant $11,521 $0 $350 $6,000
Jeffco Public Health Grant $5,000 $0 $0 $0
Jeffco County Trail Grant $0 $6,698 $8,914 $0TOTAL INTERGOVERNMENTAL $1,859,292 $1,786,551 $2,061,780 $1,855,932
SERVICES
Zoning Applications $68,591 $75,000 $75,000 $46,000
Planning Reimbursement Fees $2,490 $3,000 $3,200 $3,000Engineering Fees $21,982 $25,000 $28,000 $28,000
Misc. Zoning Fees $3,415 $750 $2,100 $1,500
Plan Review Fees $325,184 $250,000 $450,000 $325,000
Pavilion/Park Rental Revenue $27,827 $26,000 $25,000 $25,000
Athletics Revenue $92,555 $86,480 $85,000 $86,413
Active Adult Center Revenue $177,057 $198,050 $180,000 $198,050
Parks Historic Facilities $28,238 $24,000 $26,000 $24,000Gen. Prog. Revenue $177,343 $170,394 $170,000 $169,601
Anderson Building Revenue $17,347 $5,000 $15,000 $5,000
Outdoor Swimming Fees $142,027 $150,000 $164,707 $155,000
Retail Marijuana Fees $203,512 $180,000 $230,000 $230,000
Police Report Fees $14,069 $15,000 $16,000 $16,000Pawn Shop Ticket Fees $22,633 $24,000 $20,390 $20,000
Sex Offender Registration $6,015 $6,800 $7,094 $7,000
Police Drug Destruction Fees $6,793 $175 $100 $150
Police Fees $3,383 $4,100 $4,280 $4,000
Police Duty Reimbursement $73,823 $81,560 $76,560 $81,560
TOTAL SERVICES $1,414,282 $1,325,309 $1,578,431 $1,425,274
2017 2018 2018 2019
Actual Adjusted Estimated Proposed
General Fund Revenues
FINES & FORFEITURES
Municipal Court Fines $88,742 $100,000 $85,000 $100,000
Nuisance Violations Fees $26,135 $40,000 $25,000 $35,000
Handicap Parking Fees $450 $900 $500 $900
Traffic $364,068 $500,000 $350,000 $450,000
General $27,155 $45,000 $25,000 $45,000
Other $8,678 $10,000 $5,000 $10,000Parking$2,995 $3,500 $3,200 $3,500
No Proof of Insurance $22,270 $20,000 $20,000 $25,000
TOTAL FINE & FORFEITURES $540,493 $719,400 $513,700 $669,400
INTEREST
Interest Earnings $29,109 $51,000 $280,000 $280,000
TOTAL INTEREST $29,109 $51,000 $280,000 $280,000
OTHER
Hail Storm Insurance Proceeds $1,769,836 $500,000 $247,602 $570,990
Cable Peg Fees $42,629 $42,000 $43,000 $43,000Xcel Solar Garden Credits $72,871 $60,000 $60,000 $60,000
Other Financing Sources $0 $0 $0 $0
Miscellaneous Income $286,170 $628,310 $300,000 $300,000TOTAL OTHER $2,171,507 $1,230,310 $650,602 $973,990
Total General Fund $37,818,158 $34,272,548 $35,037,524 $35,562,186
Transfers In $0 $0 $0 $0
Fund Balance Carryover $8,111,608 $10,832,078 $13,804,110 $13,286,933
Total Funds Available $45,929,766 $45,104,626 $48,841,634 $48,849,119
2017
Actual
2018
Adjusted
2018
Estimated
2019
Proposed
Legislative
Legislative Services $434,160 $490,383 $472,352 $590,964
Total $434,160 $490,383 $472,352 $590,964
City Manager's Office
City Manager $260,014 $388,789 $382,776 $510,271
Economic Development $1,486,581 $1,667,355 $1,654,954 $1,797,985
Total $1,746,595 $2,056,144 $2,037,730 $2,308,256
City Attorney
City Attorney $303,483 $303,500 $303,500 $303,000
Total $303,483 $303,500 $303,500 $303,000
City Clerk's Office
City Clerk $134,470 $157,727 $156,586 $161,538
Total $134,470 $157,727 $156,586 $161,538
City Treasurer
City Treasurer $43,412 $43,878 $43,678 $36,108
Total $43,412 $43,878 $43,678 $36,108
Central Charges
Central Charges $3,049,368 $4,454,231 $3,615,133 $3,876,796
Total $3,049,368 $4,454,231 $3,615,133 $3,876,796
Municipal Court
Municipal Court $856,890 $1,004,222 $974,155 $1,036,740
Total $856,890 $1,004,222 $974,155 $1,036,740
Administrative Services
Administration $421,638 $506,903 $510,470 $318,734
Public Information $230,924 $300,971 $280,687 $318,036
Finance $327,861 $570,410 $558,957 $606,761
Human Resources $580,419 $608,333 $632,814 $726,347
Sales Tax $209,377 $0 $0 $0
Purchasing and Contracting $117,008 $151,976 $142,441 $169,167
Information Technology $1,929,544 $1,797,313 $1,860,025 $2,102,476
Total $3,816,772 $3,935,906 $3,985,394 $4,241,521
Community Development
Administration $226,321 $246,145 $246,554 $246,404
Planning $219,042 $742,094 $583,050 $602,503
Building $1,168,865 $1,061,582 $1,061,582 $855,150
Long Range Planning $136,648 $0 $0 $0
Total $1,750,877 $2,049,821 $1,891,186 $1,704,057
Police
Administration $862,193 $2,033,710 $2,039,558 $1,738,138
Grants $140,558 $133,904 $99,448 $114,662
General Fund Expenditures
2017
Actual
2018
Adjusted
2018
Estimated
2019
Proposed
General Fund Expenditures
Community Services Team $128,841 $275,198 $237,666 $290,153
Communications Center $799,494 $0 $0 $0
Crime Prevention Team $254,297 $244,267 $243,967 $265,702
Records Team $386,799 $419,143 $408,558 $437,609
Training and Accreditation $228,483 $281,159 $281,240 $327,725
Patrol $4,446,732 $4,439,930 $4,427,448 $4,855,626
Investigations Bureau $1,976,426 $2,204,393 $2,203,593 $2,528,533
Crime & Traffic Team $469,107 $476,402 $393,002 $487,542
Total $9,692,931 $10,508,106 $10,334,480 $11,045,690
Public Works
Administration $157,406 $192,484 $196,770 $167,551
Engineering $1,113,639 $1,161,934 $1,188,256 $1,236,345
Operations $2,875,540 $3,546,237 $3,377,217 $3,640,781
Total $4,146,585 $4,900,655 $4,762,243 $5,044,677
Parks and Recreation
Administration $252,324 $355,853 $328,962 $273,362
Recreation $234,303 $240,600 $237,709 $329,381
Parks Maintenance $1,302,181 $1,888,312 $1,646,626 $1,950,299
Forestry $389,986 $494,496 $480,320 $581,877
Natural Resources $223,930 $195,841 $165,785 $211,949
Anderson Building $29,730 $26,529 $21,524 $31,349
Athletics $186,364 $202,652 $184,568 $216,772
General Programs $262,321 $302,031 $292,406 $326,556
Outdoor Pool $211,015 $353,757 $355,390 $304,506
Active Adult Center $489,888 $587,737 $536,285 $527,934
Historic Buildings $55,864 $78,699 $71,573 $83,850
Facility Maintenance $412,209 $510,974 $485,676 $405,504
Total $4,050,116 $5,237,481 $4,806,824 $5,243,339
Total General Fund $30,025,658 $35,142,054 $33,383,261 $35,592,686
Transfers $2,100,000 $2,245,000 $2,245,000 $4,000,000
Total With Transfers $32,125,658 $37,387,054 $35,628,261 $39,592,686
ITEM NO: DATE: October 8, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 26-2018 – AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING
HOURS OF OPERATION FOR MEDICAL MARIJUANA
CENTERS AND RETAIL MARIJUANA STORES
PUBLIC HEARING ORDINANCES FOR 1ST READING (09/24/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/08/2018) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ City Manager ISSUE: The local marijuana industry has requested that City Council consider extending the hours of operation for medical marijuana centers and retail marijuana stores. This ordinance will amend the Wheat Ridge Code of Laws to extend the hours of operation from 7:00 p.m. to 10:00 p.m.
PRIOR ACTION: City Council discussed this request at the August 20, 2018 study session. A consensus was reached for staff to draft an ordinance for City Council consideration.
FINANCIAL IMPACT: There is no direct financial impact to the City in approving this ordinance. If approved, tax revenues from medical marijuana centers and retail marijuana stores would likely increase. BACKGROUND: In 2011, City Council adopted Ordinance 1479 establishing a local licensing authority to issue medical marijuana licenses in the City of Wheat Ridge. In 2013, City Council adopted Ordinance 1543 establishing a local licensing authority to issue retail marijuana establishment licenses in the City of Wheat Ridge. Section 11-419 of the Wheat Ridge Code of Laws allows for retail
Marijuana Establishment Hours of Operation
October 8, 2018
Page 2 marijuana stores to open no earlier than 8:00 a.m. and close no later than 7:00 p.m., seven days a
week but is silent on the hours of operation for medical marijuana centers.
The local marijuana industry has requested that City Council consider extending the hours of operation to 10:00 p.m. The City of Denver passed a law in 2017 to extend hours of operation from 7:00 p.m. to 10:00 p.m. The City of Edgewater allows marijuana establishments to remain
open to midnight.
RECOMMENDED MOTION: “I move to approve Council Bill No. 26-2018, an ordinance amending the Wheat Ridge Code of Laws concerning hours of operation for medical marijuana centers and retail marijuana stores on
second reading and that it take effect 15 days after final publication.”
Or, “I move to postpone indefinitely Council Bill No. 26-2018, an ordinance amending the Wheat
Ridge Code of Laws concerning hours of operation for medical marijuana centers and retail
marijuana stores, for the following reason(s) ______________________________________________________________________.”
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 26-2018
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
Council Bill No. 26 Ordinance No. _________ Series 2018 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS CONCERNING HOURS OF OPERATION FOR MEDICAL MARIJUANA CENTERS AND RETAIL MARIJUANA STORES WHEREAS, the City of Wheat Ridge, acting through its City Council, has
authority under Article XX of the Colorado Constitution, its Home Rule Charter and
C.R.S. 31-15-101 et seq. to adopt and enforce requirements for the protection of public health, safety and welfare; and
WHEREAS, in the exercise of this authority, the Council has previously adopted Chapter 11, Article XII of the Wheat Ridge Code of Laws concerning medical marijuana
licenses, and Section 11-419 of the concerning hours of operation for retail marijuana
establishments within the City; and
WHEREAS, Council wishes to add a new Section 11-307 concerning hours of operation for medical marijuana centers, and amend Section 11-419 of the Code to revise the hours within which retail marijuana stores may operate.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 11, Article XII is amended by adding a new section 11-307 to read as follows:
SEC. 11-307. – HOURS OF OPERATION. (a) A MEDICAL MARIJUANA CENTER MAY OPEN NO EARLIER THAN 8:00 A.M. AND SHALL CLOSE NO LATER THAN 10:00 P.M. THE
SAME DAY.
(b) A MEDICAL MARIJUANA CENTER MAY BE OPEN SEVEN (7) DAYS A WEEK.
Existing Sections 11-307 and 11-308 are hereby renumbered as 11-3087 and 11-3098.
Section 2. Section 11-419 is amended to read as follows:
Sec. 11-419. - Hours of operation.
ATTACHMENT 1
(a) A retail marijuana store may open no earlier than 8:00 a.m. and shall close no later than 10:00 7:00 p.m. the same day.
Section 3. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 24th day of September, 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 October 8, 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: September 27, 2018 Second Publication: Wheat Ridge Transcript
Effective Date:
ITEM NO: DATE: October 8, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 62-2018 – A RESOLUTION APPROVING AN ELEVEN-LOT SUBDIVISION PLAT FOR PROPERTY
ZONED MIXED USE-NEIGHBORHOOD (MU-N) AT 10590 W. 44TH AVENUE (CASE NO. WS-17-03/CLEAR CREEK TOWNHOMES) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ _____________________________________
Community Development Director City Manager ISSUE: The applicant is requesting approval of an eleven-lot subdivision plat for property zoned Mixed
Use-Neighborhood (MU-N) at 10590 W. 44th Avenue. The property is approximately 0.58 acres. The purpose of the subdivision is to prepare the property for development of an eleven-unit townhome project. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on September 20, 2018 and gave a recommendation of approval for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. The plat is consistent with zoning on the property
3. Utility districts can serve the property with improvements installed at the developer’s expense. With the following conditions:
Council Action Form – Clear Creek Townhomes
October 8, 2018
Page 2 1. A note should be added to the previous right-of-way dedication for 44th Avenue with the
reception number of the dedication.
2. A Subdivision Improvement Agreement shall be executed with required security prior to recordation of the subdivision plat. 3. The developer shall pay parks fees at the time of plat recording in the amount of $27,470.19.
4. The Homeowners’ Association covenants shall be reviewed and approved by Staff prior
to issuance of a building permit. Attached are the staff report and draft minutes from the September 20, 2018, Planning Commission public hearing.
FINANCIAL IMPACT: Fees in the amount of $1341 were collected for the review and processing of Case No. WS-17-03. Parkland dedication is required for all new residential subdivisions, and in this case a fee in lieu of land dedication will be collected in the amount of $27,470.19.
BACKGROUND: Subject Property This parcel was originally platted in 1953 as Lot 19 of the JayLarry Subdivision. Between 1999 and 2001, it was utilized for the temporary sales of bedding plants and produce, per case numbers
TUP-99-01, TUP-99-02, and TUP-00-02. In 2002, a zone change from A-1 to PCD was approved
for construction of a garden center, which was never constructed. In 2015, City Council approved a zone change from PCD to MU-N by Case No. WZ-15-04. A site development plan is undergoing an administrative review by Staff. Surrounding Zoning and Land Use
The surrounding zoning consists of various zone districts including Planned Residential Development (PRD) on the east, Residential-Three (R-3) to the south and east, Residential-Two (R-2) and Agricultural-One (A-1) on the north, Planned Commercial Development (PCD), and Commercial-One (C-1) on the north side of 44th Avenue further to the east. The surrounding land
uses largely reflect the underlying zoning, as demonstrated by a mix of residential, quasi-public,
commercial and agricultural uses. Proposed Subdivision The proposed subdivision is attached and is comprised of two sheets and establishes eleven (11)
lots and two (2) tracts. The MU-N zone district does not include minimum lot size and width
standards, but the proposed lots are shaped and sized appropriately to accommodate the proposed townhomes. Further, there is a note that limits future development on these lots to attached townhome products.
Right-of-way is proposed to be dedicated along Moore Street, which is slightly substandard in
width. The dedication will accommodate the developer’s construction of curb, gutter, and
Council Action Form – Clear Creek Townhomes
October 8, 2018
Page 3 attached 5-foot sidewalk with parallel parking. A Subdivision Improvement Agreement will
memorialize the developer’s obligation to construct these improvements.
Several easements are provided on the subdivision plat, including for access, drainage, landscape, and utilities. Tract A at the northwest corner of the site contains an area for the underground detention pond and an open space amenity. Tract B includes an access easement which will serve
the townhomes’ rear-loaded garages. All landscaping on the site will be maintained by the HOA
and is within a perimeter easement. Staff will review HOA covenants to ensure there are adequate provisions for maintenance of all common areas RECOMMENDED MOTION: “I move to approve Resolution No. 62-2018, a resolution approving an eleven-lot subdivision
plat for property zoned Mixed Use Neighborhood (MU-N) at 10590 W. 44th Avenue (Case No. WS-17-03/Clear Creek Townhomes), for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. All requirements of the subdivision regulations have been met. 4. Utility districts can serve the property with improvements installed at the developer’s
expense.
With the following conditions: 1. A note should be added to the previous right-of-way dedication for 44th Avenue with the
reception number of the dedication.
2. A Subdivision Improvement Agreement be executed with required security prior to recordation of the subdivision plat. 3. The developer shall pay parks fees at the time of plat recording in the amount of $27,470.19.
4. The Homeowners’ Association covenants shall be reviewed and approved by Staff prior to
issuance of a building permit.” Or,
“I move to deny Resolution No. 62-2018, a resolution approving an eleven-lot subdivision plat for
property zoned Mixed Use Neighborhood (MU-N) at 10590 W. 44th Avenue (Case No. WS-17-03/Clear Creek Townhomes), for the following reasons: 1.
2.
3.
Council Action Form – Clear Creek Townhomes
October 8, 2018
Page 4 and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council
consideration at the next available regular business meeting.”
REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Lauren Mikulak, Community Development Planning Manager
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 62-2018
2. Planning Commission staff report
3. Planning Commission minutes
CITY OF WHEAT RIDGE, COLORADO Resolution No. 62
Series 2018
TITLE: A RESOLUTION APPROVING AN ELEVEN-LOT SUBDIVISION PLAT FOR PROPERTY ZONED MIXED
USE NEIGHBORHOOD (MU-N) AT 10590 W. 44TH AVENUE (CASE NO. WS-17-03/CLEAR CREEK TOWNHOMES) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws
establishes the procedures for the City’s review and approval of Subdivision
Plats; and, WHEREAS, an application for an eleven-lot subdivision plat was received from Slavomir Golabek to subdivide property located at 10590 W. 44th Avenue in
the Mixed Use-Neighborhood (MU-N) zone district; and,
WHEREAS, all referral agencies have reviewed the request and do not have concerns; and,
WHEREAS, all requirements of the zoning code and Subdivision
Regulations have been met; and, WHEREAS, all required publishing, posting and notification requirements for an October 8, 2018, City Council public hearing have been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A RESOLUTION APPROVING AN ELEVEN-LOT SUBDIVISION PLAT FOR
PROPERTY ZONED MIXED USE-NEIGHBORHOOD (MU-N) AT 10590 W. 44TH AVENUE (CASE NO. WS-17-03/CLEAR CREEK TOWNHOMES) IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public
notice requirements as required by Section 26-109 and 26-407 of the
Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. All requirements of the subdivision regulations have been met.
4. Utility districts can serve the property with improvements installed at the
developer’s expense.
ATTACHMENT 1
With the following conditions:
1. A note should be added to the previous right-of-way dedication for 44th
Avenue with the reception number of the dedication. 2. A Subdivision Improvement Agreement shall be executed with required security prior to recordation of the subdivision plat. 3. The developer shall pay parks fees at the time of plat recording in the
amount of $27,470.19.
4. The Homeowners’ Association covenants shall be reviewed and approved by Staff prior to issuance of a building permit.
DONE AND RESOLVED by the City Council this 8th day of October, 2018. By:
_____________________________ Bud Starker, Mayor
ATTEST:
_________________________ Janelle Shaver, City Clerk
TO: Planning Commission CASE MANAGER: Meredith Reckert
DATE OF MEETING: September 20, 2018
CASE NO. & NAME: WS-17-03 /Clear Creek Townhomes
ACTION REQUESTED: Approval of an 11-lot subdivision plat on property zoned Mixed Use-Neighborhood (MU-N)
LOCATION OF REQUEST: 10590 W. 44th Avenue
PROPERTY OWNER: Slawomir Golabek
APPROXIMATE AREA: .58 acres
PRESENT ZONING: MU-N
PRESNET LAND USE: Vacant land
ENTER INTO RECORD:
CASE FILE & PACKET MATERIALS ZONING ORDINANCE/SUBDIVISION REGS DIGITAL PRESENTATION
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
Subject site
ATTACHMENT 2
Planning Commission
WS-17-03/Clear Creek Townhomes
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
I. REQUEST This application is for approval of a subdivision plat on property zoned Mixed Use –
Neighborhood (MU-N) addressed as 10590 W. 44th Avenue. The proposed subdivision will
create eleven (11) townhome lots and two tracts. The purpose of this application is to subdivide the lot in preparation for construction of 11 townhome units. Because this plat exceeds five parcels, it is being processed as a major subdivision (per Section
26-118 of the Code of Laws). In this case, Planning Commission will make a recommendation
to City Council, which is the final authority for approval of a major subdivision. A neighborhood meeting is not required for a subdivision plat.
II. EXISTING CONDITIONS/PROPERTY HISTORY
The property is located at the southeast corner of 44th Avenue and Moore Street. The parcel is .58 acres in size, is regular in shape, is relatively flat and is vacant. (Exhibit 1, Aerial Photo)
Surrounding zoning and land use
The surrounding zoning consists of various zone districts including Planned Residential Development (PRD) on the east, Residential-Three (R-3) to the south and east, Residential-Two (R-2) and Agricultural-One (A-1) on the north, Planned Commercial Development (PCD), and Commercial-One (C-1) on the north side of 44th Avenue further to the east. The surrounding land
uses largely reflect the underlying zoning, as demonstrated by a mix of residential, quasi-public,
commercial and agricultural uses. (Exhibit 2, Zoning Map) Property History This parcel was originally platted in 1953 as Lot 19 of the JayLarry Subdivision. Between 1999
and 2001, it was utilized for the temporary sales of bedding plants and produce, per case
numbers TUP-99-01, TUP-99-02, and TUP-00-02. In 2002, a zone change from A-1 to PCD was approved for construction of a garden center, which was never constructed. In 2015, City Council approved a zone change from PCD to MU-N by Case No. WZ-15-04. A site development plan is undergoing an administrative review by Staff. (Exhibit 3, Site Photos)
III. PROPOSED PLAT DOCUMENT Plat design Attached is a copy of the proposed subdivision plat, which contains two sheets. (Exhibit 4,
Subdivision Plat)
Planning Commission
WS-17-03/Clear Creek Townhomes
Sheet 1 is the declaration page and contains the legal description, required signature blocks and a
recording block. Notes have been included pertaining to the vacation of previous easements (note
#6), a restriction that limits development only to townhomes (note #7) and a note regarding the primary detention tract (note #9). Sheet 2 illustrates the new 11-townhouse lot configuration for the parcel. The features of the
subdivision are described below.
Lot/Tract Configuration The proposed townhouse development has street frontages on the north side (W. 44th Avenue) and on the west (Moore Street). The plat depicts two rows of townhome lots with five units on
the north and six units on the south. The lots are situated on both sides of a common drive that
extends east from Moore. Each of the homes will have rear-loaded garages accessible from the private drive and be on its own lot. The City’s zoning code does not establish a minimum size or width for attached townhome lots, and as stated above the plat note restricts the property from being developed as anything other than townhomes.
There are two tracts created by this plat, which function for different purposes in the development. A note regarding these tracts has been provided on the upper right-hand corner of the second sheet.
• Tract A: Tract A contains the area for the underground detention pond and an open space amenity on the northwest corner of the development site. The southern portion of the tract will be paved and have benches, planters and a picnic table for the common use of the homeowners. The northern half of the area will have irrigated turf with
landscaping.
• Tract B: Tract B contains the area for the interior drive providing access from Moore Street to the individual garage units. It will provide dumpster access, as well. Tract B has also been reserved for drainage and utilities.
Easements Additional accommodation for utilities, drainage, landscaping and pedestrian access is provided by an easement that runs along the front portion of Lots 1 – 5, including Tract A, and the eastern side of Lot 5. This easement varies in size from 13.5’ to 11’. Improvements to this area will be
comprised of landscaping and hardscape pedestrian access to the front entrances of the individual
units. A similar easement runs across the southern perimeter of the development in the front of Lots 6 – 11, wrapping around the eastern side of Lot 11. It will also accommodate drainage, utilities,
landscaping and pedestrian access from Moore Street. This easement is 15.8’ at its widest point.
While these easements are located on private property, all of the improvements within them will be maintained by the Homeowners’ Association (HOA). Staff is requesting review of the Homeowners’ Association covenants to ensure there are adequate provision for maintenance of
these common areas.
Planning Commission
WS-17-03/Clear Creek Townhomes
Because there were five-foot wide perimeter easements dedicated by a previous plat (JayLarry
Subdivision), a note has been added to the front sheet vacating all of the previous easements and
dedicating the new ones described above. Right-of-way dedication and street construction When new properties are created in the City through the subdivision process, staff reviews
adjacent street improvements to confirm they meet current roadway design standards.
• W. 44th Avenue: There is curb, gutter and detached 5’ wide sidewalk along the south side of 44th Avenue abutting the property. At staff’s direction, these substandard
improvements will remain in place, but the applicant will pay fees in lieu of constructing
upgrades. Three-feet of right-of-way (423 square feet total) was dedicated in 1986 per reception number 86039507. As a condition of approval, a note should be added referring to the reception information for that previous dedication.
• Moore Street: Moore Street is currently 50’ wide and is devoid of public improvements. A right-of-way dedication of 1.5’ is being required to bring the east half of the street up to current street standard. Curb, gutter and attached sidewalk will be constructed with site development in accordance with the City’s local street standard. A Subdivision Improvement Agreement (SIA) will memorialize the developer’s obligations to complete
these public improvements. Parallel parking will be allowed on Moore Street. Onsite drainage design When vacant land is developed, historic drainage patterns must be preserved and the flow entering and released from the site must be maintained consistent with existing conditions. The
drainage proposal has been analyzed by Public Works and sufficient measures are being taken to ensure that historic and developed flows are being adequately addressed. Currently, runoff from the site sheetflows to the east and south where it collects and infiltrates into the ground. Developed flows will be captured by yard inlets throughout the development
and will be conveyed to the underground detention facility at the northwest corner of the site. A concrete pan in the drive will collect other flows and direct them to the detention storage area. Storm water in the detention facility will be released directly into an existing storm sewer in 44th Avenue.
Parkland dedication Parkland dedication is required for all new residential subdivisions. When land is not dedicated for a public park, a fee in lieu of parkland is required. The Parks Department has indicated that fees in lieu of land dedication will be required in the amount of $2,497.29 per unit ($27,470.19 in total). This fee is required to be paid at the time of plat recording.
Planning Commission
WS-17-03/Clear Creek Townhomes
IV. AGENCY REFERRAL
All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow.
Arvada Fire Protection District: Can serve the property with upgrades required at the
developer’s expense, including installation of new hydrants. The internal drive must be signed as a fire lane. CenturyLink: Has no objection to the plat.
Fruitdale Sanitation District: Can serve the property with an existing 8” line in Moore Street and a 15” line in 44th Avenue. Required improvements must be paid for by the developer. Valley Water District: Can provide water service to the property. All required improvements
will be installed at the developer’s expense.
Wheat Ridge Public Works: Has reviewed and approved the drainage plan and plat. Wheat Ridge Police: No concerns with crime or traffic.
Xcel Energy: Has no conflict with the plat. Will continue to work with the developer on natural gas and electric design details. V. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that all requirements of the Subdivision Regulations have been met and that approval of the subdivision will facilitate development of the property. The proposed plat is consistent with the MU-N zoning and because all internal and external agencies can provide service to the property with improvements installed at the developer’s expense, a
recommendation of approval is given for Case No. WS-17-03 with conditions incorporated into
the recommended motion. VI. RECOMMENDED MOTIONS
OPTION A:
“I move to recommend APPROVAL of Case No. WS-17-03, a request for approval of an 11-lot subdivision plat for property located at 10590 W. 44th Avenue, for the following reasons:
1. All requirements of the Subdivision Regulations have been met.
2. The plat is consistent with zoning on the property. 3. Utility districts can serve the property with improvements installed at the developer’s expense.
Planning Commission
WS-17-03/Clear Creek Townhomes
With the following conditions:
1. A note should be added to the previous right-of-way dedication for 44th Avenue with the reception number of the dedication. 1. A Subdivision Improvement Agreement shall be executed with required security prior to recordation of the subdivision plat.
2. The developer shall pay parks fees at the time of plat recording in the amount of
$27,470.19. 3. The Homeowners’ Association covenants shall be reviewed and approved by Staff prior to issuance of a building permit.’
OPTION B:
“I move to recommend DENIAL of Case No. WS-17-03, a request for approval of an 11-lot subdivision plat for property located at 10590 W. 44th Avenue, for the following reasons: 1.
2.”
Planning Commission
WS-17-03/Clear Creek Townhomes
Exhibit 1 – Aerial photo
site
Planning Commission
WS-17-03/Clear Creek Townhomes
Exhibit 2 – Zoning Map
site
Planning Commission
WS-17-03/Clear Creek Townhomes
Exhibit 3 – Site Photos
View from Moore
Street towards southern part of the
site
Looking south on
Moore Street – subject property is to
the left
Planning Commission
WS-17-03/Clear Creek Townhomes
View from Moore Street towards
northern part of the
site
Looking west at the
intersection of 44th
and Moore
Planning Commission
WS-17-03/Clear Creek Townhomes
View south from 44th towards eastern part of
property
View south from 44th towards western part of property
Planning Commission
WS-17-03/Clear Creek Townhomes
Exhibit 4 – Proposed Subdivision Plat
A. Case No. WS-17-03: an application filed by Slawomir Golabek for approval of an
11-lot subdivision for townhomes for property located at 10590 West – 44th
Avenue. Ms. Reckert gave a short presentation regarding the major subdivision and the application. She entered into the record the contents of the case file, packet
materials, the zoning ordinance, and the contents of the digital presentation. She
stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner VOS asked if the height limit in the MU-N zone district is 50 feet.
Ms. Reckert confirmed the height in MU-N can be 50 feet, but if the use is residential then the height is limited to 35 feet, which can be 3 stories. Commissioner VOS inquired about Tract B and if it is going to be an in and out
drive.
Ms. Reckert confirmed it will be in and out on Moore Street because there is no access to the east.
Commissioner VOS also asked that substandard sidewalk to be defined.
Ms. Reckert explained that the existing public improvements along W. 44th Avenue are substandard there is curb/gutter with a 5-foot detached sidewalk; current standards are curb/gutter with a 6-foot amenity zone and a 6-foot sidewalk. Ms.
Reckert added that because the improvements on either side are non-conforming
Public works asking for fees in lieu of construction so they can do a bigger project when more funds are accumulated. Commissioner DORSEY asked what size the sidewalk will be on Moore Street.
Ms. Reckert said it will be 5 feet because it is a local street.. Commissioner OHM asked what the 3-foot measurement on the plat is for and if it is going to be sidewalk.
Ms. Reckert said that it is a 3-foot right-of-way dedication that was dedicated in 1986. Staff is recommending a condition that adds the reception number for the dedication on the plat graphic.
Commissioner OHM asked if the proposed sidewalk on Moore Street will connect
to the existing sidewalk on 44th Avenue. Mr. Reckert confirmed the sidewalks will connect.
ATTACHMENT 3
Slawomir Golabek, Applicant 5745 S Andes Street, Aurora
Mr. Golabek mentioned he has owned the said property for 3 years and is looking forward to developing it.
There were no questions for the applicant.
It was moved by Commissioner OHM and seconded by Commissioner DORSEY to recommend APPROVAL of Case No. WS-17-03, a request for approval of an 11-lot subdivision plat for property located at 10590 W. 44th Avenue, for the following reasons:
1. All requirements of the Subdivision Regulations have been met. 2. The plat is consistent with zoning on the property. 3. Utility districts can serve the property with improvements installed at the developer’s expense.
With the following conditions: 1. A note should be added to the previous right-of-way dedication for 44th Avenue with the reception number of the dedication.
2. A Subdivision Improvement Agreement shall be executed with required security prior to recordation of the subdivision plat. 3. The developer shall pay parks fees at the time of plat recording in the amount of $27,470.19. 4. The Homeowners’ Association covenants shall be reviewed and
approved by Staff prior to issuance of a building permit. Motion carried 7-0.
ITEM NO: DATE: October 8, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 27-2018 – AN ORDINANCE APPROVING AN AMENDMENT TO THE OUTLINE DEVELOPMENT PLAN
FOR THE CAMELOT CLUB APARTMENTS PLANNED
RESIDENTIAL DEVELOPMENT (PRD) FOR PROPERTY
LOCATED AT 4635 AND 4665 KIPLING STREET (CASE NO. WZ-18-03/KIPLING VILLAGE) PUBLIC HEARING ORDINANCES FOR 1ST READING (10/08/2018)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/26/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ _____________________________ Community Development Director City Manager ISSUE:
The applicant is requesting approval of an amendment to the Outline Development Plan for the Camelot Club Apartments Planned Residential Development (PRD) located at 4635 and 4665 Kipling Street. The purpose of the amendment is to expand the uses allowed within two buildings on the property, to adjust the sign allowance, and to modernize the original planned development
documents that date from 1969.
The subject area includes two parcels of land, the total size of which is approximately 7 ½ acres. PRIOR ACTION: Planning Commission heard the request at a public hearing on September 20, 2018 and
recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading.
Council Action Form – Amending ODP for 4635 and 4665 Kipling Street
October 8, 2018
Page 2 FINANCIAL IMPACT: The request is not expected to have a direct financial impact on the City. Fees in the amount of
$2,700.00 were collected for the review and processing of Case No. WZ-18-03. BACKGROUND: The subject property, also known as the Kipling Village Apartments, is located on the west side of
Kipling Street south of Interstate 70 and the Frontage Road, and was constructed in 1970. The
purpose of this request is to modify the original Official Development Plan for the property, which was approved by Jefferson County in 1969. The modifications will modernize the Planned Development document so that it meets current content and formatting standards. It will also allow for additional residential uses in two smaller structures originally intended to be solely
commercial/retail spaces.
Modification to permitted uses for a Planned Development requires modifying the Outline Development Plan (ODP). Because the ODP is the document that establishes the zoning, any proposed modifications or updates to this document is processed as a zone change. Despite the fact
that this is processed as a zone change, most of the existing improvements on the property will
remain the same. There is no change to the exterior or footprints of the existing structures. Surrounding Land Uses The property is surrounded by various commercial, residential, and public uses. To the south is a
multi-family property, part of the Kipling Village apartment community, but zoned Residential-
Three (R-3) and thus not part of this zone change. Along Lee Street to the west are some single-family homes, condominiums, and the City’s Fruitdale Park. To the north, abutting the I-70 / Kipling Street interchange are several properties with a variety of commercial, retail and service establishments. To the east of the subject property is a large vacant piece of land that was recently
rezoned to Mixed Use-Commercial (MU-C).
Current and Proposed ODP The existing conditions on the property largely reflect the original zoning approval, with ten total buildings: eight for high density residential, and two for “general retail/office.” Each of these
retail/office buildings are oriented towards Kipling Street and have a footprint of approximately
2,800 square feet. One structure is two stories tall, while the other is two stories with a garden level basement. Per the approved 1969 ODP, the only permitted uses for these two structures is “service and recreation buildings, including game rooms, barber shop, beauty shop, dry cleaners, and neighborhood grocery store.”
The applicant proposes to modernize this list of permitted uses with more relevant commercial and retail establishments, and with the addition of residential uses. The context of Kipling Street has changed significantly since 1969 and the viability of commercial uses in these structures has diminished, making residential units a more appropriate and practical use. The property currently
has 220 units; the amended ODP would allow no more than 228 units on the property.
Council Action Form – Amending ODP for 4635 and 4665 Kipling Street
October 8, 2018
Page 3 Another change from the original zoning document is the sign allowance, which is being reduced
in size, height, and setback. The remaining changes are minor in nature, for example, removing
“sauna baths” from the list of permitted uses in the residential buildings. Staff is recommending approval of the ODP amendment, the findings for which will be included in the staff report at second reading.
RECOMMENDED MOTION: “I move to approve Council Bill No. 27-2018 an ordinance approving an amendment to the Outline Development Plan for the Camelot Club Apartments Planned Residential Development (PRD) for property located at 4635 and 4665 Kipling Street on first reading for the sole purpose of
ordering it published and for a public hearing set for Monday, November 26, 2018, at 7 p.m. in
City Council Chambers.” REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II
Lauren Mikulak, Planning Manager
Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 27-2018
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________
COUNCIL BILL NO. 27 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE
OUTLINE DEVELOPMENT PLAN FOR THE CAMELOT CLUB APARTMENTS PLANNED RESIDENTIAL DEVELOPMENT (PRD) FOR PROPERTY LOCATED AT 4635 AND 4665 KIPLING STREET (CASE NO. WZ-18-03/KIPLING VILLAGE)
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, Kipling Village, LLC has submitted a land use application for approval of an amendment to the Outline Development Plan for the Camelot Club
Apartments Planned Residential Development (PRD) for property located at 4635 and
4665 Kipling Street; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—Envision Wheat Ridge—which calls for a neighborhood buffer along the west side of
Kipling Street between 44th Avenue and Interstate 70; and, WHEREAS, the amendment will modernize the zoning documents for the property and allow for additional investment and reinvestment in the community; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on September 20, 2018 and voted to recommend approval of rezoning the property to Planned Residential Development (PRD), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Kipling Village, LLC for approval of a zone change ordinance approving an amendment to the Outline Development Plan for the Camelot Club Apartments Planned Residential Development (PRD) for
property located at 4635 and 4665 Kipling 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:
PARCEL A:
THE SOUTH 1/2 MORE OR LESS, CAMELOT CLUB APARTMENTS, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF CAMELOT
CLUB APARTMENTS,THENCE SOUTH ALONG THE EAST BOUNDARY LINE
THEREOF A DISTANCE OF 263.11 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED;THENCE SOUTH ALONG SAID EAST
BOUNDARY LINE 263.11 FEET TO THE SOUTHEAST CORNER OF THE
PLAT OF CAMELOT CLUB APARTMENTS;THENCE WEST ALONG THE SOUTH BOUNDARY LINE OF THE PLAT OF CAMELOT CLUB APARTMENTS, A DISTANCE OF 619.17 FEET TO THE SOUTHWEST CORNER OF SAID PLAT OF CAMELOT CLUB APARTMENTS;THENCE NORTH ALONG THE
WEST BOUNDARY LINE OF THE PLAT OF CAMELOT CLUB APARTMENTS A
DISTANCE OF 261.185 FEET TO A POINT ON SAID WEST BOUNDARY LINE THEREOF, WHICH IS 261.185 FEET SOUTH OF THE NORTHWEST CORNER OF SAID PLAT OF CAMELOT CLUB APARTMENTS;THENCE EAST 619.36 FEET, MORE OR LESS, TO THE POINT OF BEGINNING,COUNTY OF
JEFFERSON, STATE OF COLORADO, EXCEPT THE EAST 3 FEET OF THE
NORTH 200 FEET OF THE SOUTH 263.11 FEET OF CAMELOT CLUB APARTMENTS. PARCEL C:
A TRACT OF LAND LOCATED IN THE NE1/4 OF SECTION 21, TOWNSHIP 3
SOUTH, RANGE 69 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NE1/4 OF SAID SECTION 21; THENCE SOUTH 0 DEGREES 22 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 21, A DISTANCE
OF 1193.40 FEET, TO THE NORTHEAST CORNER OF THAT TRACT OF
LAND DESCRIBED IN BOOK 1013 AT PAGE 343 OF THE JEFFERSON COUNTY RECORDS; THENCE SOUTH 89 DEGREES 14 MINUTES 49 SECONDS WEST PARALLEL WITH THE NORTH LINE OF THE NE1/4 OF SAID SECTION 21 AND ALONG THE NORTH LINE OF THAT TRACT
DESCRIBED IN SAID BOOK 1013 AT PAGE 343, A DISTANCE OF 45.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 14 MINUTES 49 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NE1/4 AND ALONG THE NORTH LINE OF THAT TRACT AS DESCRIBED IN BOOK 1013 AT PAGE 343 AND IT'S WESTERLY EXTENSION
A DISTANCE OF 619.11 FEET TO A POINT ON THE WEST LINE OF THE E1/2
OF THE E1/2 OF THE NEI/4 OF SECTION 21; THENCE NORTH 0 DEGREES 24 MINUTES 24 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 4.29 FEET TO THE SOUTHWEST CORNER OF THE CAMELOT CLUB APARTMENTS, A SUBDIVISION RECORDED IN THE OFFICIAL RECORDS
OF JEFFERSON COUNTY; THENCE NORTH 89 DEGREES 36 MINUTES 00
SECONDS EAST ALONG THE SOUTH LINE OF SAID CAMELOT CLUB APARTMENTS, A DISTANCE OF 619.10 FEET TO THE SOUTHEAST CORNER OF SAID CAMELOT CLUB APARTMENTS; THENCE SOUTH 0 DEGREES 22 MINUTES 00 SECONDS EAST PARALLEL WITH THE EAST
LINE OF THE NE1/4 AND 45.00 FEET WESTERLY, A DISTANCE OF 0.48
FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL D:
THE NORTH 1/2 OF CAMELOT CLUB APARTMENTS, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF JEFFERSON, STATE OF
COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF CAMELOT CLUB APARTMENTS; THENCE SOUTH ALONG THE EAST BOUNDARY LINE THEREOF A DISTANCE OF 263.11 FEET TO A POINT; THENCE WEST 619.54 FEET, MORE OR LESS, TO A POINT ON THE WEST BOUNDARY LINE
OF SAID PLAT WHICH IS 261.185 FEET SOUTH OF THE NORTHWEST
CORNER OF THE PLAT OF CAMELOT CLUB APARTMENTS; THENCE NORTH 261.185 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID PLAT; THENCE EAST ALONG THE NORTH BOUNDARY LINE OF THE PLAT OF CAMELOT CLUB APARTMENTS A DISTANCE OF 619.54 FEET
MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON,
STATE OF COLORADO, EXCEPT THE SOUTH 200.00 FEET OF THE NORTH 263.11 FEET OF THE EAST 3.00 FEET THEREOF. 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 __ to __ on this 8th day of October, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, November 26, 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:
ITEM NO: DATE: October 8, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 64-2018 – A RESOLUTION LEVYING
GENERAL PROPERTY TAXES FOR THE YEAR 2018, TO
HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2019 BUDGET YEAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
___________________________________
City Manager ISSUE: Levying property taxes for the 2018 fiscal year.
PRIOR ACTION: None FINANCIAL IMPACT: The City’s mill levy will be set at 1.830, raising $1,011,448 in property tax revenue. BACKGROUND: Section 39-5-128 of the Colorado Revised Statutes (C.R.S.) requires the Jefferson County Assessor to certify to the City the total valuation for assessment of all taxable property located
within the territorial limits of the City of Wheat Ridge. The total net assessed valuation for the City for the year of 2018 is $552,703,633, which is a decrease of $7,748,366 compared to the year of 2017. The City is also required by this same section of the C.R.S. to officially certify the property tax mill levy to the Jefferson County Board of County Commissioners by December 15, 2018. The City’s property tax mill levy will remain at 1.830 mills for the 2019 budget,
generating approximately $1,011,448 in property tax revenue, a decrease of $10,686 compared to 2018.
Council Action Form – Certification of Mill Levy
October 8, 2018
Page 2 Section 20 of Article X of the Constitution of Colorado, the Taxpayers Bill of Rights (TABOR),
restricts increases in property tax revenue to inflation plus local growth (defined as the
percentage change in actual value of real property from construction of taxable real property improvements). Wheat Ridge voters exempted the City from this TABOR revenue limitation at the November 2006 election. However, TABOR still restricts the City from raising the property tax mill levy without voter approval unless the mill levy was temporarily reduced in a previous
year.
RECOMMENDATIONS: Set the mill levy at 1.830.
RECOMMENDED MOTION:
“I move to approve Resolution No. 64-2018, a resolution levying a mill levy of 1.830 on general property taxes for the year 2018, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2019 budget year.”
Or,
“I move to postpone indefinitely Resolution No. 64-2018, a resolution levying a mill levy of 1.830 on general property taxes for the year 2018, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2019 budget year for the following
reason(s)________________________________________________________________.”
REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 64-2018 2. 2018 Certification of Tax Levy
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 64 Series of 2018 TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES
FOR THE YEAR OF 2018, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2019 BUDGET YEAR WHEREAS, the City Council of the City of Wheat Ridge adopted the 2019 annual
budget on October 8, 2018 in accordance with the Local Government Budget Law, and;
WHEREAS, the amount of money necessary to balance the budget for general operating purposes from real property tax revenue is $1,011,448, and;
WHEREAS, the Local Government Budget Law requires certification of the
annual property tax mill levy by December 15, 2018, and; WHEREAS, the total net assessed valuation of all taxable property subject to taxation for the year of 2018 is $552,703,633 and;
WHEREAS, the City for the fiscal year 2018 has determined to levy 1.830 mills on all taxable property within the City;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: A. That for the purpose of meeting all general operating expenses of the City of Wheat Ridge during the 2019 budget year, there is hereby levied a tax
of 1.830 mills placed upon each dollar of the total valuation of all taxable
property within the City of Wheat Ridge for the year 2018. B. That the Mayor of the City of Wheat Ridge is hereby authorized and directed to immediately certify to the County Commissioners of Jefferson
County, Colorado the mill levy for the City of Wheat Ridge as herein above
determined and set.
DONE AND RESOLVED THIS day of , 2018.
________________________________ Bud Starker, Mayor ATTEST:
_____________________________________
Janelle Shaver, City Clerk
ATTACHMENT 1
ITEM NO: DATE: October 8, 2018 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 65-2018 – A RESOLUTION OPPOSING “AMENDMENT 74”, AN ATTEMPT TO AMEND THE
COLORADO CONSTITUTION TO DRASTICALLY LIMIT
STATE AND LOCAL GOVERNMENT SERVICES AT A HIGH
COST TO TAXPAYERS PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
______________________________ City Manager ISSUE:
Amendment 74 (formerly Initiative #108) is a citizen-proposed measure for the November statewide ballot which would amend the takings law in the Colorado Constitution to allow private property owners to sue state and local governments when the fair market value of their property is reduced by some government action. Because of the unknown consequences
and severe fiscal and administrative impacts of 74, both upon the state and municipalities, the
Colorado Municipal League opposes Amendment 74. BACKGROUND: Currently, the state takings law provides that private property is not “taken” unless a government
regulation deprives the owner of all reasonable use of property. Amendment 74 would require
governments to compensate property owners for any perceived decrease in property value. In the amendment language, the notion of “fair market value” is not defined and the amendment does not specify which regulations are implicated. Litigation costs could affect the City budget and could lead to a reduction of programs and services to the citizens and community members
of Wheat Ridge. If passed, Amendment 74 would directly impact a municipality’s ability to act
on land use matters.
Council Action Form – Amendment 74
October 8, 2018
Page 2
PRIOR ACTION: N/A FINANCIAL IMPACT: There is no direct fiscal impact in supporting or opposing Amendment 74. However, if the
amendment passes, it may have a future fiscal impact on the City of Wheat Ridge. RECOMMENDATIONS: Staff recommends approval Resolution No. 65-2018 to oppose Amendment 74.
RECOMMENDED MOTION: “I move to approve Resolution No. 65-2018, a resolution opposing “Amendment 74”, an attempt to amend the Colorado Constitution to drastically limit state and local government services at a high cost to taxpayers.”
Or, “I move to table indefinitely Resolution No. 65-2018, a resolution opposing “Amendment 74”, an attempt to amend the Colorado Constitution to drastically limit state and local government
services at a high cost to taxpayers, for the following reason(s)
.” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 65-2018 2. Amendment 74 (formerly Initiative #108)
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 65
Series of 2018 TITLE: A RESOLUTION OPPOSING “AMENDMENT 74”, AN ATTEMPT TO AMEND THE COLORADO CONSTITUTION TO DRASTICALLY LIMIT STATE AND LOCAL GOVERNMENT
SERVICES AT A HIGH COST TO TAXPAYERS WHEREAS, local government services are essential to the citizens of the City of Wheat Ridge; and
WHEREAS, Amendment 74 has been written to change the text of the
Colorado Constitution, Article II, Section 15; and WHEREAS, Amendment 74 declares that any state or local government law or regulation that “reduces” the “fair market value” of a private parcel is subject to
“just compensation;” and
WHEREAS, under the current Colorado Constitution, a property owner already has the right to seek compensation from state or local governments; and
WHEREAS, Amendment 74 requires the government to compensate private
property owners for any decrease in the fair market value of their private property traceable to any government law or regulation; and WHEREAS, Amendment 74 would severely limit the ability of the City of
Wheat Ridge to do anything that might indirectly, unintentionally, or minimally affect
the fair market value of any private property; and WHEREAS, any arguable impact upon fair market value – however reasonable or justified or minimal or incidental or temporary – resulting from state or local
government action could trigger a claim for the taxpayers to pay; and WHEREAS, governments would be vulnerable to lawsuits for almost every decision to regulate or not to regulate, making regular government function prohibitively expensive for the taxpayer; and
WHEREAS, if passed, Amendment 74 would directly inhibit a municipality’s ability to act on land use matters; and WHEREAS, City Council takes a position in opposition to Amendment 74.
NOW, THEREFORE, BE IT RESOLVED by the City of Wheat Ridge City Council, that: The City of Wheat Ridge opposes Amendment 74 and strongly urges a vote
of NO this November.
ATTACHMENT 1
DONE AND RESOLVED this _____ day of ____________, 2018.
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk
ATTACHMENT 2