HomeMy WebLinkAboutCity Council Agenda Packet 06-10-19AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
June 10, 2019
7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer,
at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
PROCLAMATIONS AND CEREMONIES
Men’s Health Month Wheat Ridge Safety Month
Census 2020
APPROVAL OF MINUTES Council Minutes of April 8, 2019 and Study Session notes of March 18, 2019 and April 1, 2019
APPROVAL OF AGENDA
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 GENERALAGENDA ROSTER.
c.Citizens who wish to speak on a Public Hearing item, please sign the PUBLICHEARING ROSTER before the item is called to be heard.
d.Citizens who wish to speak on Study Session Agenda Items for a maximum of 3
minutes and sign the STUDY SESSION AGENDA ROSTER.
CITY COUNCIL AGENDA: June 10, 2019 Page -2-
1. CONSENT AGENDA a. Motion to award purchase and installation of Henderson snow and ice control equipment and approve subsequent payment to Auto Truck Group of
Colorado Springs, Colorado for a total amount not to exceed $107,650
b. Resolution No. 33-2019 – a resolution amending the fiscal year 2019 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $12,500 for the purpose of funding half of the Artspace Feasibility Study
c. Motion to approve payment to Bank of Oklahoma for 2019 principal and
interest payments in the amount of $3,498,300 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Resolution No. 34-2019 – a resolution approving a major subdivision plat for property zoned Residential-Three (R-3) and located at 11661 W. 44th Avenue (Case no. WS-19-01 / Riverside Terrace)
3. Council Bill No. 07-2019 – an ordinance removing the local historic landmark status from an accessory structure on property located at 11480 W. 44th Avenue (Case No. WHL-19-01 / McEntire)
ORDINANCES ON FIRST READING 4. Council Bill No. 09-2019 – an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services
agreement 5. Council Bill No. 08-2019 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of animal-related facilities (Case No. ZOA-19-01)
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
ITEM NO: DATE: June 10, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD PURCHASE AND INSTALLATION
OF HENDERSON SNOW AND ICE CONTROL EQUIPMENT
AND APPROVE SUBSEQUENT PAYMENT TO AUTO TRUCK GROUP OF COLORADO SPRINGS, COLORADO FOR A TOTAL AMOUNT NOT TO EXCEED $107,650
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
Public Works Operations Manager City Manager
ISSUE: The Public Works Department is proposing purchase of various snow and ice control equipment, dump body, lighting, hydraulics and options to be installed on the new International tandem cab and chassis approved by the City Council last January. The total expense for this tandem equipment up-fit including the various equipment, lighting, hydraulics and options is not to exceed $107,650.
.
PRIOR ACTION: A new plow truck cab and chassis, approved for purchase by the City Council on January 28, 2019, is on order.
FINANCIAL IMPACT: The funds to up-fit this vehicle are budgeted in the 2019 Public Works Department General Fund budget, account number 01-303-800-807, Fleet Replacement. The total approved budgeted amount for this account is $740,356.
1a
Council Action Form – Tandem Equipment Up-fit for Snow and Ice Mitigation
June 10, 2019
Page 2 BACKGROUND: After contacting the available tandem snow and ice control equipment upfit dealers located in the
Denver area, it was determined the City would best be served by utilizing a Sourcewell award. Sourcewell, formerly the National Joint Powers Alliance (NJPA), is a cooperative purchasing organization that performs national competitive solicitations to provide exceptional products from nationally acclaimed vendors with negotiated discounts for municipal organizations.
Sourcewell cooperative awards satisfy bid process requirements and the City of Wheat Ridge is a
member of Sourcewell. The snow and ice control equipment quoted for the tandem equipment up-fit is well suited for the City’s needs. Auto Truck Group, an authorized Henderson Products dealer, located in Colorado Springs, will obtain and install the equipment, lighting, hydraulics and options quoted by Henderson Products, Inc. to up-fit the new International tandem cab and
chassis. The existing, obsolete equipment will be sold at auction.
RECOMMENDATIONS: The vendor source and purchase price of equipment is through the Sourcewell purchasing contract, endorsed by the State of Colorado Purchasing Department, and allows the City to attain
the equipment at a competitive discount and in accordance with bid/purchasing requirements.
Staff recommends the purchase of the necessary equipment, lighting and hydraulics to properly upfit the new International tandem cab and chassis. RECOMMENDED MOTION: “I move to award purchase and installation of Henderson snow and ice control equipment and
approve subsequent payment to Auto Truck Group of Colorado Springs, Colorado for a total amount not to exceed $107,650.” Or,
“I move to deny the award of purchase and installation of Henderson snow and ice control equipment and approve subsequent payment to Auto Truck Group for the following reason(s): ______________________________”
REPORT PREPARED/REVIEWED BY:
Greg Knudson, Operations Manager Jennifer Nellis, Purchasing and Contracting Agent Patrick Goff, City Manager ATTACHMENTS:
1. Henderson Quote #123626 per Sourcewell Contract #080118-HPI
ATTACHMENT 1
HENDERSON
PRODUCTS, INC. 916 S 10T H ST
MANCHESTER, IA 52057
PHONE: 563-927-7000
FAX: 563-927-7001
CUSTOMER QUOTE
Page 1
To: City of Wheatridge Attn: Greg Knudson Quote Date: 5/3/2019 Valid Until: 6/30/2019 Sourcewell Contract# 080818-HPI
Sourcewell #: 1212 Quoted: Muni body and Plow
Quoted By: Doug Frauenholtz Quote #: 123626 Revision #: 32 Phone: 563-927-2828 Fax: 563-927-2521 Email: dfrauenholtz@hendersonproducts.com
Henderson Products is pleased to present the following quote. Please contact us if you have any questions. Installation Workup Facility: IDC-IA
Chassis Delivery To Henderson: Truck Dealer/Customer Delivers
Completed Truck Delivery Method: Customer Pick-Up
Chassis Make: International
Chassis Model Yr: 2020
Chassis Model: HV Hitch Type: Low Profile or Manual Tilt Type Hitch
Mount Type: Cheek Plate Mount Kit (Select type below)
Mount Kit Model (Req'd): Low Pro/MT Ck Plt Kit (With Wng, 34"w Full Frame)
Front Bumper: OEM Bumper Cut and Split Front Plow Type: Standard Henderson Plow
Plow Markers (Front Plow): IDC Install of fact supplied markers, sales to order w/ unit
Rubber Deflector Install: Supplied/Installed @ Factory, sales to order w/ unit Dump Body Type: Munibody II (Std/FF)
Floor Length: 15ft Floor Length
Hoist Type: Tele Trunnion Hoist, Internal Doghouse
Cylinder Type: Single Acting
Discharge Type: Frnt Cross Conveyor Discharge Only
Spinner Assembly Location: Dual Front Mount Spinner Assy (dual Spinner for x-convey)
Frame Mntd UB Pan: Special Pan sup/instld @ IDC (price below)
Body Material (Sides/ends): Stainless Steel Type Body Material
Tailgate Release Type: IDC supplied Electric over air valve
Cabshield Install: Supl'd by fact, welded to body @ IDC, sales to order w/ unit
Ladder(s): Supplied by factory, Install @ IDC (sales to order w/ unit)
Ladder Install QTY (Dump): (1) LADDER INSTALLED @ IDC (LABOR ONLY)
Ladder Install Style (Dump) 1: Fold Down Side Ladder
Ladder Install Loc 1 (Dump): Driver Side Front
Sideboards: Supl'd by factry (Steel), Instl @ IDC (sales order w/ unit)
Tarp Brand: US Tarp (order 86" c/s if using integral shield)
Tarp System: Electric Tarp, Bullet Proof Arms, w/ Wind Deflector
HENDERSON
PRODUCTS, INC. 916 S 10T H ST
MANCHESTER, IA 52057
PHONE: 563-927-7000
FAX: 563-927-7001
CUSTOMER QUOTE
Page 2
Tarp Material: Black Vinyl (Asphalt rated)
Tarp Length: 15.5' to 18' Body Length (BV,US)
Body Install Options 1: Freight Body Spec Notes: Prewet/Liquid System: Muni/BBMAXX Prewet System
Drive Configuration: Hydraulic Drive, Henderson Supplied (Sales to order w/unit
Controls: Supplied by IDC (sales to order w/ hyd cntrls)
Feedback Sensor: Factory Supplied/Installed (Sales to order w/unit)
Pwet Discharge Loc: Front or Rear Spinner Only Chassis Accessories: Yes (SELECT RELATED OPTIONS BELOW)
Mudflaps (Rear): Stationary w/Logo
Mudflap Type (Rear): 36" Stationary, SS (with LOGO)
Mudflaps (Front): Frame Mounted Stone Shields
Mudflap Type (Front): Frame Mounted, SS Stone Shields (no MK3/MB3)
Pintle Plate: Not Required for Job or Applic
Pintle Hook: Not Required
Truck Wash: Complete Truck Wash/Clean/Vac 1
Warranty: Standard 1 Year Warranty Electrical: Yes (SELECT RELATED OPTIONS BELOW)
Power Distribution Panel: Power Distribution Panel
Misc Electrical Supplies: Req'd Misc Elect Supplies
Plow Lights: Plow Lts, Halogen, Trucklite All Chassis, (PAIR)
Plow Light Brackets: Plow Lt Hood Brckts, SS, INTERNATIONAL
Driving Lights: Driving Lights, PIAA, Fog Amber, Pair
Cab Beacon: LED Beacon, 360 deg w/201 SS Stationary Mounting Bracket
Rear Dump Bolster (S/T/T): LED S/T/T, kit (West) (order holes)
OEM Light Remount: Remount OEM Chassis Lights
Rear Dump Bolster (Back-up): B/U Lights, LED, Clear, Oval, pair (Order holes with body)
Rear Dump Bolster Strobes: 6" LED Oval Strobes, Amber, 1 PR, (order holes w/unit)
Back up alarm: Backup Alarm, 97db
Body up switch/light: Body UP Switch/Body Up Light (Buy)
Backbone & Wire Standoffs: 14' Backbone (For TA)
Camera: Included in Hydraulics Pkg (quote w/ Hyd) Hydraulics: Full Hydraulic Package
Hyd Supplier: Force America (Select Pkg Below)
Controls Type: Electric Controls
Low Oil Shut Down: Yes, included in Hyd Pkg
High Temp Oil Shut Down: Yes, included in Hyd Pkg Low Oil Indicator: Yes, included in Hyd Pkg Return Filter: Provided with Hydraulics Quick Coupler Upgrade: Standard Quick Couplers
HENDERSON
PRODUCTS, INC. 916 S 10T H ST
MANCHESTER, IA 52057
PHONE: 563-927-7000
FAX: 563-927-7001
CUSTOMER QUOTE
Page 3
Hydraulics Notes:
Reversible snow plow Plow Length: 10' length
Moldboard Trip: Full trip with 2 external compression springs
Pushframe Type: Standard Circle Frame with Top Mount Cylinders
Moldboard Height: 42" height
Moldboard Shield: Integral shield
Moldboard Sheet Material: 10 GA GR50 steel (standard)
Adjustable Trip Spring: Five position adjustable trip spring preload
Hydraulic Cylinders: 4" x 2" x 10" reversing nitrided cylinders
Paint: Henderson Orange
12" Rubber Deflector: Yes, w/ SS Backer
Install Rubber Deflector: Yes
Cutting Edge: Std 5/8" x 8" One Piece AASHTO punch
Hitch, Plow Portion: 29" Husting hitch
Plow Portion Installed on Plow: Yes
Hitch, Truck Portion: See HPH or HCH for Truck portion hitch
Custom Option Fields: Note Custom Details Below Option 1 Description: Full Lenght Bottom Angle Gusset
Option 2 Description: Identical to COP 175209 (RSP-22205)
Option 3 Description: Option 4 Description: Option 5 Description: Option 6 Description:
Snow Plow Hitch Hitch, Truck Portion: 29" Husting hitch
Lift Arm Type: Standard Husting Style Lift Arm
Lift Arm Size: 3/4" x 3" x 20" Lift Arm
Lift Lug(s): 1-7/8" Round Hardened Pin
Hydraulic Lift Cylinder: 4" x 2" x 10" Double Acting Nitrided Lift Cylinder
Custom Options: No Custom Options Required PWS liquid pre-wetting system Power Source: Hydraulic Powered Pump
Application: Munibody
Product Size: Munibody 12-14ft Cross Conveyor
Control Box: No Valve, Hydraulic Powered Pump and Flow Meter
Pump: Standard 4.1 GPM Bronze Gear Pump
Console: None-Deduct PWSH-I Console
Option 1 Description: Full Width Cradle
Option 2 Description: SS Cradle Mount Reservoir ILO Mild Steel
Option 3 Description: 201 SS ILO 304 SS
Option 4 Description: Same as COP 175209 but with sloped sideboards
HENDERSON
PRODUCTS, INC. 916 S 10T H ST
MANCHESTER, IA 52057
PHONE: 563-927-7000
FAX: 563-927-7001
CUSTOMER QUOTE
Page 4
Tank Size: No Tank(s)-Deduct MUNI 75 gal tank
Spray Assembly: Std Variable Displacement Nozzle Assembly for Rear Chute
Prewet Installed: Installation on MUNIBody
Mounting Hardware: No Mounting Hardware or N/A
Option 1 Description: Identical to COP 175209
MUNIBody II multi-task body Discharge Options: Front Cross Conveyor with Front Discharge Only
Doghouse Type: Partial Internal Doghouse with Sloped Headsheet
Body Length: 15' body length, 36" sides, 48" tailgate
Side Height: 36" High Sides with pockets for 12" boards
Side to Floor Transition: Standard 22 Degree from Horizontal Slope on Sides
Tailgate/Rear Body Style: Asphalt Rear Body Style with Sloped Tailgate 44" Tailgate
Granular Capacity: 9.4 yd Sides 12.4 yd Ends
Sides / Ends: Optional 304SS sides, ends
Cabshield: Yes
Cabshield Material: 10 ga. with 7 ga. endplates, Stainless Steel
Floor: 1/4" AR400
Rear Apron / Bolsters: 304 Stainless Steel
Cabshield Size: 22" X 78" (1/2 cab) 304SS
Tailgate Bracing: 304 Stainless Steel
Body Hinge Type: Greaseless Composite Bushing Hinge Blocks (I)
Body Hinge Paint: Yes, Rear Hinge Painted @ Factory
Sloped Steel Sideboards: Yes
Sideboard Material: 10 ga. 304 SS
Install Sideboards: No, shipped loose
Conveyor Motor with Integral Speed Sensor: Yes
Conveyor Motor and Gearcase Location: Front Mounted Motor and Gearcase
3/16" AR 400 Steel Conveyor Cover: Yes, shipped loose
Hydraulic Reservoir: Side mount reservoir
Fold-up Side Ladder: Yes
Ladder Material: 10 ga. 304 SS
Polyurethane spinner disk: Yes
Underbody Pans, 304 SS: Yes
Lighting Package: LED lights
Extra Light Holes in Rear Bolster: Two extra light holes in each bolster
Drivers Side Fender: Platform Fenders for Toolbox or Tanks
Passengers Side Fender: Platform Fenders for Toolbox or Tanks
Drivers Side Fender Accessory: 105 gallon poly tank (93.5 in long)
Special Fender Options - Drivers Side: None needed
Passengers Side Fender Accessory: 105 gallon poly tank (93.5 in long)
Special Fender Options - Passengers Side: None needed
HENDERSON
PRODUCTS, INC. 916 S 10T H ST
MANCHESTER, IA 52057
PHONE: 563-927-7000
FAX: 563-927-7001
CUSTOMER QUOTE
Page 5
Total configured price: $120,897.33 **INCLUDES FREIGHT** Sourcewell package discount: 10% Discounted single package price: $107,650.00 Package(s) : 1 Total: $107,650.00
Signed: Date:
Quote notes:
ITEM NO: DATE: June 10, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 33-2019 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $12,500
FOR THE PURPOSE OF FUNDING HALF OF THE
ARTSPACE FEASIBILITY STUDY
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ City Manager
ISSUE: The Wheat Ridge Cultural Commission requested that City Council consider a Preliminary Feasibility Study to provide feedback about the feasibility of creating live/work, multi-use, or other arts facility development in the City of Wheat Ridge. Consensus was reached by City Council at the May 15, 2019 study session to provide funding in the amount of $12,500 to fund
half of the study.
PRIOR ACTION: At the February 4, 2019 study session, Artspace Consulting and members of the Cultural Commission requested that City Council consider a Preliminary Feasibility Study to provide
preliminary feedback about the feasibility of creating live/work, multi-use, or other arts facility
development in the City of Wheat Ridge. Consensus was reached that evening by City Council to ask the Cultural Commission to investigate this proposal further with the community to gain additional moral and financial support for the project and to report to City Council at a future meeting.
1b
Budget Supplemental Request for Artspace Feasibility Study
June 10, 2019
Page 2 FINANCIAL IMPACT: The supplemental budget request is $12,500, which will pay for half of the Artspace
Feasibility Study. Localworks will cover the remaining $12,500 of funding. BACKGROUND: Artspace’s mission is to create, foster, and preserve affordable space for artists and arts organizations.
Artspace Consulting helps communities identify effective, affordable ways to incorporate the arts into
their civic agendas. They help communities revitalize downtown areas and inner city neighborhoods, reanimate historic properties, develop arts districts, and create and preserve affordable spaces for artists.
RECOMMENDATIONS:
None RECOMMENDED MOTION: “I move to approve Resolution No. 33-2019 – a resolution amending the Fiscal Year 2019
General Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $12,500 for the purpose of funding half of the Artspace Feasibility Study.” Or,
“I move to postpone indefinitely Resolution No. 33-2019 – a resolution amending the Fiscal
Year 2019 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $12,500 for the purpose of funding half of the Artspace Feasibility Study for the following reason(s) __________________________.”
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 33-2019
2. Artspace Consulting Brochure
3. Artspace Consulting – Introduction to Preliminary Feasibility Study 4. Letter from Cultural Commission Chair Diane Robb, dated May 20, 2019
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 33
Series of 2019 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $12,500 FOR THE PURPOSE OF FUNDING HALF OF THE ARTSPACE FEASIBILITY STUDY WHEREAS, the Wheat Ridge Cultural Commission requested that City Council
fund a Preliminary Feasibility Study to provide feedback about the feasibility of creating
live/work, multi-use, or other arts facility development in the City; and WHEREAS, Artspace, whose mission is to create, foster and preserve affordable space for artists and arts organizations, can perform such a study for $25,000; and
WHEREAS, Localworks has agreed to contribute $12,500 towards the cost of funding such study; and WHEREAS, City Council wishes to appropriate the remaining $12,500 to fund
such study; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows: A. The City Council authorizes the transfer of $12,500 from the General Fund undesignated reserves to account number 01-106-700-750 and amending
the 2019 fiscal year budget accordingly.
DONE AND RESOLVED this 10th day of June 2019.
__________________________ William “Bud” Starker, Mayor ATTEST:
_____________________________ Janelle Shaver, City Clerk
ATTACHMENT 1
ARTSPACE
CONSULTING
ATTACHMENT 2
ARTSPACE CONSULTING
Traffic Zone Center for Visual Art & Artspace HQ, Minneapolis, MN
Photo by Steve Ozone
WHO WE ARE
Artspace Consulting is a division of Artspace that helps
communities identify effective, affordable ways to
incorporate the arts into their civic agendas. Our practice
builds on Artspace’s expertise as America’s leading real
estate developer for the arts and operator of more than
30 successful arts facilities around the country.
Our community-based approach bridges the traditional
gap between the arts and the civic arena. Our clients
benefit from direct access to our three decades
of experience as a developer of arts facilities that
deliver sustainable, affordable space for artists, arts
organizations, and creative businesses.
We help communities revitalize downtown areas and
inner city neighborhoods, reanimate historic properties,
develop arts districts, and create and preserve affordable
space for artists. We help arts organizations evaluate
their existing facilities, identify new ones, and determine
how their spaces can best serve their needs. Artspace
Consulting works with you to determine the next steps
toward making your community the best it can be.
Artspace’s mission is to
create, foster, and preserve
affordable space for artists
and arts organizations.
…creating a facility to provide
affordable live/work or studio space for artists, homes
for arts organizations, or space for other creative
activities. We identify the most suitable buildings and
sites, develop realistic capital and operating budgets
with an eye to long-term sustainability, and offer
practical advice about how to move a project forward.
…imagining a place, such as an
arts or cultural district, neighborhood, campus,
or other cluster of people, buildings, and uses.
We guide our clients through the process of
refining their vision and review plans for arts
districts, campuses, and centers.
…improving what exists, whether
it’s a single facility, a campus, or an entire arts
district. Our clients include arts organizations that
are thinking about expansion, groups that wish to
operate a shared facility more efficiently, and other
entities that want to make their facilities better.
...sharing what we know through
articles, speaking engagements, presentations at
conferences, and other gatherings attended by
national policy-makers, urban planners, and
community leaders of all kinds.
WHAT WE DO
Artspace Consulting helps communities by…
OUR SERVICES
Preliminary Feasibility Visit
An intensive two-day fact-finding mission to assess the
potential for an Artspace live/work or mixed-use project in
a community. An Artspace team tours buildings and sites;
meets with artists, city officials, and other stakeholders;
and conducts a public meeting to welcome community
participation and generate a buzz. We recommend
the Preliminary Feasibility Visit for communities with
populations of more than 50,000 and an established base
of local support.
Creative Spaces Consulting Visit
A two-day visit, similar to a Preliminary Feasibility Visit,
that focuses on a community’s vision for creating an
arts facility or district that is not likely to result in an
Artspace-developed project. This visit helps communities
address civic challenges such as finding a creative use for
a city-owned property, evaluating the artist component of
a project led by a for-profit developer, or assessing an
arts district.
Deliverables for both the Preliminary Feasibility Visit and
the Creative Spaces Consulting Visit include a written
report that documents our findings and recommendations
for next steps.
Washington Studios in Duluth, MN Photo by Sequest Photography
CREATING A FACILITY
CASE STUDY
Loveland, Colorado
THE CHALLENGE
Help the City of Loveland preserve its historic
Feed & Grain Building and generate economic
development in its downtown
GOALS
> Identify a viable and sustainable concept for
adaptive reuse of the Feed & Grain Building
> Incorporate affordable housing for artists
into the project vision
SCOPE OF WORK
> Preliminary Feasibility Visit
> Arts Market Survey
DELIVERABLES
> Feasibility Report that discusses potential for
arts facility in Loveland and identifies next steps
for moving the community’s vision forward
> Survey Report identifying strong need for
artist live, work, and exhibition space
UPDATE
> Two-phase project that includes an art center
in the Feed & Grain Building, 30 units of artist
live/work housing, and a public plaza
Artspace Loveland, Loveland, CO, Love and Light Exhibition, 2012
Photo by Alanna Brake, www.luckybrakelimited.com
OUR SERVICES
Arts Market Survey
An online survey to determine the size and
nature of the market for affordable artist
live/work, studio, or other creative space in
a community.
Artists, creative workers and businesses,
as well as arts and cultural organizations of
all disciplines are invited to share their needs
and preferences for affordable space. This
information helps the project team select a
site, attract funders, and design a facility that
effectively addresses the needs of the local
creative community.
Each survey is customized to reflect the
unique characteristics of the local community
and arts scene. Over the last 20 years, we
have conducted approximately 40 Arts Market
Surveys that have reached more than 25,000
creative individuals.
Artspace Tannery Lofts Resident, Santa Cruz, CA
Photo by Charles Mixon
IMAGINING A PLACE
CASE STUDY
Wichita, Kansas
THE CHALLENGE
Help the City of Wichita strengthen
the Commerce Street Arts District
GOALS
> Determine whether Commerce
Street is a viable arts district
> Identify action steps to help it grow
SCOPE OF WORK
> Creative Spaces Consulting Visit
DELIVERABLE
> Report that recommends a
range of actions the City can
take to help the arts district and
provides additional guidance about
another emerging arts area, the
Douglas Design District
The Commerce Street arts district in downtown Wichita, KS
Photo by Spacefem / Wikimedia Commons / CC-BY-SA-3.0
OUR SERVICES
Capital Needs Assessment
A program that provides nonprofit clients access to the
underwriting capabilities of our real estate practitioners.
For organizations considering purchasing, leasing, or
co-locating, we help quantify critical-path questions and
assist in decision-making.
Sustainable Operations Analysis
A process designed to clarify funding goals, establish
recommended steps for raising the necessary funds,
and provide a better understanding of current and future
operating expenses. We analyze existing annual financial
reports and current space usage to establish a base
operational profile, evaluate a range of scenarios and
build a 15-year forecast to help the organization plan for
the long-term sustainability of its facility.
IMPROVING WHAT EXISTS
CASE STUDY
Open Book
Minneapolis, Minnesota
Open Book is a multi-tenant nonprofit
building that serves as a home for literary
and book arts
THE CHALLENGE
Help the Open Book and its three anchor
tenants analyze their current space usage
and financial status and create a vision
that defines their “story” moving forward
GOALS
> Define the challenges and opportunities
available to the building and its
anchor tenants
> Frame the project in ways that make it
most relevant to prospective funders
SCOPE OF WORK
> Capital Needs Assessment
> Sustainable Operations Analysis
DELIVERABLES
> Capital and operating budgets,
including a 15-year forecast
> Presentation of findings to the
Open Book Board of Directors
Open Book, Minneapolis, MN
Photo by Emily Taylor
SHARING WHAT WE KNOW
Speaking, facilitating,
and convening
Artspace Consulting shares its experience developing, owning,
and operating arts facilities with groups around the world.
We participate in conferences, workshops, and webinars,
offering our unique, community- and arts-driven approach
to real estate development. We take a multi-disciplinary
approach influenced by our personal commitment as artists
and our firsthand experience as developers.
Our Clients
Artspace Consulting’s recent clients include:
> Albany Housing Authority / Albany, NY
> Bemidji Community Arts Center / Bemidji, MN
> Boston Center for the Arts / Boston, MA
> Buchanan Center for the Arts / Monmouth, IL
> City of Long Beach / Long Beach, CA
> Community and Economic Development Office / Burlington, VT
> Creative Portland Corporation / Portland, ME
> Dance/USA / Philadelphia, PA
> Dubuque Main Street / Dubuque, IA
> Fleisher Art Memorial / Philadelphia, PA
> Intermedia Arts / Minneapolis, MN
> Pregones Theater / New York, NY
> Wilshire Boulevard Temple / Los Angeles, CA
Wendy Holmes of Artspace Consulting touring potential properties in Dubuque, IA
Photo by Roy Close
250 Third Avenue North | Minneapolis, MN 55401 | 612.333.9012
www.artspace.org/artspace-consulting | @artspaceconsult | consulting@artspace.org
Artspace is a national nonprofit that serves
both artists and communities. We help
artists by developing projects that serve
their needs. We help communities leverage
the power of the arts to become stronger,
livelier, and safer.
Since 1979, Artspace has brought its hard-
earned expertise to more than 300 cultural
facility planning efforts from coast to coast.
With headquarters in Minneapolis and offices
in Los Angeles, New Orleans, New York,
Seattle and Washington, D.C., our services
include consulting, property development
and asset management. Working at the
intersection of urban planning, real estate,
and the arts, Artspace is the national leader
in artist-led community transformation.
Northern Warehouse Artists’ Cooperative, St. Paul, MN
Photo by Marc Nordberg
Introduction to Preliminary Feasibility Study
The Preliminary Feasibility Study provides preliminary feedback about the feasibility of
creating a live/work, multi-use, or other arts facility development.
There are six areas of consideration:
1.Project Concept
2.Arts Market
3.Local Leadership
4.Funding and Finance
5.Potential Sites
6.Alignment with Community Goals
The study kick-starts the process of creating affordable space for artists. It is the first step
Artspace takes on its own development projects.
As part of this fact-finding process, the Artspace team meets with artists, city officials, funders,
and other stakeholders. They look at potential properties and hold a public meeting to welcome
community participation, answer questions, and generate buzz.
Who Might Benefit:
•City Governments/Civic Organizations
•Arts and Cultural Organizations
•Downtown Organizations
What is Included:
•Consulting phone/email time in preparation for the visit, including review of invitation
lists, agenda, and potential building/sites, and past studies
•Original Artspace materials to assist in preparing and sharing information regarding
the visit
•Two-day visit to facilitate focus groups, tour potential sites, hear from the local
community, and present at a public meeting
•Written report summarizing Artspace’s findings and recommended next steps
ATTACHMENT 3
What to Expect from a Typical Preliminary Feasibility Visit:
Each visit is customized to meet the needs of the community and project. Unique
meetings/events suitable to the community’s needs may be substituted.
Day 1
•Site Tour
o Tour potential sites/buildings
o Visit existing creative spaces and arts communities (e.g. studios, creative
businesses, and key arts organizations)
•Dinner with Core Group
Day 2
•Continuation of Site Tour
o Explore additional potential sites and creative spaces
•Working Lunch: Overview of study with Core Group
o Discuss site tour impressions and the six areas of consideration
•Artists, Creatives, and Arts Organizations Focus Group
o Learn about the creative community’s space needs, market for renting creative
space, and economic considerations
•Funding and Financing Leadership Focus Group
o Learn more about potential funding sources for a project; gauge the interest of
local finance and business leaders
•Public Meeting
o Present to the community about Artspace and the economic and community
impact of the arts; build support, and facilitate Q&A
Day 3
•Civic Leadership Focus Group
o Learn more about broader community goals, current initiatives and local
priorities
•Working Lunch: Debrief with Core Group
May 20, 2019
To: Wheat Ridge City Council
From: Diane Robb, Chair
Wheat Ridge Cultural Commission
Re: Artspace
It is my pleasure this evening to continue our conversation regarding the possibility of bringing Artspace
into our beautiful city. On February 4th of this year I introduced Ms. Shannon Joern of ArtSpace to the
Council to introduce the concept of Artspace. Artspace helps communities identify effective, affordable
ways to incorporate the arts into their civic agendas. Their mission is to “create, foster, and preserve
affordable space for artists and arts organizations.”
After much discussion that evening there was consensus amongst the Council that the Cultural
Commission should further pursue this idea – which we did. We spoke to a number of individuals
including creatives, realtors, affordable housing experts, developers, business owners, property owners,
people that have had direct involvement with Artspace, and basically anyone that would listen to us.
We have secured a partnership with LocalWorks and formed a core committee of individuals that
believe in the Artspace concept for Wheat Ridge.
The first step is to hire Artspace to perform a Preliminary Feasibility Study which provides preliminary
feedback about the feasibility of creating a live/work, multi-use, or other arts facility development. This
Study costs $25,000.00. LocalWorks, believing in the ArtSpace concept, as well as believing that this is in
alignment with their mission of advancing Wheat Ridge as a vibrant and sustainable community, has
offered matching funds for this Study in the amount of $12,500.00. With the Feasibility Study in hand,
we will then know the next steps that need to be taken. Artspace brings over 30 years’ experience in
developing, owning, and operating arts facilities with groups around the world.
This evening we are asking the Council to approve$12,500.00 for the second half for the Preliminary
Feasibility Study.
Thanks!
Diane Robb, Chair
ATTACHMENT 4
ITEM NO: DATE: June 10, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO BANK OF OKLAHOMA FOR 2019 PRINCIPAL AND INTEREST
PAYMENTS IN THE AMOUNT OF $3,498,300 FOR THE CITY
OF WHEAT RIDGE, COLORADO SALES AND USE TAX REVENUE BONDS, SERIES 2017A
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ City Manager
ISSUE: On May 2, 2017, the City closed on Series 2017A Sales and Use Tax Revenue Bonds in the par
amount of $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. The City’s first interest payment for 2019 is due in June, 2019 in the amount of $516,650 and the principal and second interest payment is due in December, 2019 in the amount of $2,981,650. Funds to cover the 2019 payments are budgeted in the 2019 2E Bond Fund budget.
PRIOR ACTION: On November 26, 2018, City Council approved the second principal and interest payment on the bonds.
On February 13, 2017, City Council approved Resolution No. 02-2017 creating the 2E Bond
Fund. The City made the first principal and interest payment on the bonds in November, 2017.
On August 22, 2016, City Council approved Council Bill 17-2016, an ordinance giving notice of and calling for a special municipal election to be held November 8, 2016 and submitting a ballot
question concerning a temporary increase of one-half of one cent (0.50%) in the City’s sales and
use tax rate for 12 years, without increasing property tax, and the issuance of debt to finance City investment in public infrastructure to facilitate economic development opportunities.
1c
Council Action Form – 2E Bond Principal and Interest Payment
June 10, 2019
Page 2 FINANCIAL IMPACT: The aggregate principal amount of the bonds totals $30,595,000 with a total repayment cost of
$37,809,255 by December 1, 2028. The maximum annual repayment cost of the bonds will not exceed $3,700,000. The 2019 adopted 2E Bond Fund budget includes $3,498,300 for debt service payments. In 2018,
the 0.5% sales and use tax rate increase generated $4,442,044. Therefore, funds are available to
cover these debt service payments.
BACKGROUND: In 2007, when the Mayor initiated a citizen task force to prioritize infrastructure needs, the City
identified numerous unfunded capital infrastructure projects. That task force was referred to as the
DIRT Task Force, referencing “drainage, infrastructure, roads and trails.” A second DIRT Task Force was initiated by City Council directive on April 25, 2016. This citizen group was tasked with reprioritizing and updating the list of projects and recommending priorities to City Council. City Council directed staff to move forward with a ballot question requesting a temporary, one-
half of one-cent (0.50%) increase to the City sales and use tax rate for 12 years and the issuance
of debt to finance the following projects:
• Anderson Park Improvements
• Wadsworth Boulevard Reconstruction – 35th Avenue to Interstate 70
• Wheat Ridge • Ward Commuter Rail Station Area
• Clear Creek Crossing Mixed-Use Development Site on the West Side of I-70 at 38TH and
Youngfield
At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E. The revenues from the voter approved 0.5% tax increase are accounted for in a special fund and will not be released or available for any purposes except for the four projects
listed above and to pay debt service on these bonds and to replenish the reserve fund.
RECOMMENDATIONS: The City entered into a Registrar and Paying Agent Agreement with Colorado State Bank and Trust on May 2, 2017, which requires the City to transfer principal and interest debt payments to
the bank by a certain date, otherwise the City will be in default of this agreement. The payments
to Colorado State Bank were subsequently assigned to Bank of Oklahoma. RECOMMENDED MOTION: “I move to approve payment to Bank of Oklahoma for the 2E Bond principal and interest
payments to total $3,498,300 in 2019 for the City of Wheat Ridge, Colorado Sales and Use Tax
Revenue Bonds, Series 2017A.” Or,
Council Action Form – 2E Bond Principal and Interest Payment
June 10, 2019
Page 3 “I move to not approve the payment to Bank of Oklahoma for the 2E Bond principal and
interest payments to total $3,498,300 in 2019 for the City of Wheat Ridge, Colorado Sales and
Use Tax Revenue Bonds, Series 2017A for the following reason(s) .” REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager
Allison Scheck, Administrative Services Director Mark Colvin, Finance Manager ATTACHMENTS: 1. Bond Debt Service
2. 2019 Adopted 2E Budget
Mar 22, 2017 8:58 am Prepared by FirstSouthwest (LDR) (Finance 7.017 c:\users\lramos\desktop\City of Wheat Ridge, Colorado:3_21_17P-AAMIN_NI) Page 2
BOND DEBT SERVICE
City of Wheat Ridge, Colorado
Sale Tax Revenue Bonds, Series 2017 (Pricing Day 3.21.2017)
PRICING DAY 3.21.2017
FINAL NUMBERS
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
12/01/2017 2,800,000 3.000%690,454.72 3,490,454.72 3,490,454.72
06/01/2018 552,650.00 552,650.00
12/01/2018 2,400,000 3.000%552,650.00 2,952,650.00 3,505,300.00
06/01/2019 516,650.00 516,650.00
12/01/2019 2,465,000 4.000%516,650.00 2,981,650.00 3,498,300.00
06/01/2020 467,350.00 467,350.00
12/01/2020 2,565,000 4.000%467,350.00 3,032,350.00 3,499,700.00
06/01/2021 416,050.00 416,050.00
12/01/2021 2,665,000 2.000%416,050.00 3,081,050.00 3,497,100.00
06/01/2022 389,400.00 389,400.00
12/01/2022 2,720,000 5.000%389,400.00 3,109,400.00 3,498,800.00
06/01/2023 321,400.00 321,400.00
12/01/2023 2,860,000 5.000%321,400.00 3,181,400.00 3,502,800.00
06/01/2024 249,900.00 249,900.00
12/01/2024 3,000,000 5.000%249,900.00 3,249,900.00 3,499,800.00
06/01/2025 174,900.00 174,900.00
12/01/2025 3,150,000 ** %174,900.00 3,324,900.00 3,499,800.00
06/01/2026 119,400.00 119,400.00
12/01/2026 3,260,000 4.000%119,400.00 3,379,400.00 3,498,800.00
06/01/2027 54,200.00 54,200.00
12/01/2027 2,710,000 4.000%54,200.00 2,764,200.00 2,818,400.00
30,595,000 7,214,254.72 37,809,254.72 37,809,254.72
ATTACHMENT 1
Investing 4 the Future – Projects Funded by 2E
About 2E
In November of 2016, Wheat Ridge voters approved a 0.5%
cent increase in the City’s sales and use tax rate in order to
fund investments that will improve transportation
infrastructure, create opportunities for economic
development, and enable additional “placemaking” to
attract those wanting to live in Wheat Ridge.
The four projects that will move forward with funding from
the sales tax increase include: improvements to Anderson
Park and its facilities, installation of I-70 on/off ramps for
the Clear Creek Crossing mixed-use development, widening
of Wadsworth Blvd. into an attractive corridor for multi-
modal use, and improvements to public infrastructure and
amenities to encourage economic development and transit
opportunities at the Wheat Ridge · Ward Station.
In 2017, City Council adopted Resolution 02-2017
establishing a restricted 2E fund as defined by GASB No. 54
for use for 2E projects. In the spring of 2017, the City sold
$33 million in bonds.
2019
Budget Priorities
•Finalize Wadsworth Blvd.
environmental assessment
and complete final design
•Complete final design and
begin construction at
Anderson Park
•Begin construction of I-70
hook ramps
•Complete regional park
planning and begin design
of infrastructure at WR ·
Ward Station
ATTACHMENT 2
2017
Actual
2018
Adjusted
2018
Estimated
2019
Adopted
Beginning Fund Balance $0 $33,604,584 $33,403,756 $26,780,258
Revenues
2E Sales Tax $3,220,444 $3,152,416 $3,159,433 $3,314,959
2E Use Tax $147,569 $152,370 $158,333 $158,333
2E Building Use Tax $445,649 $233,333 $291,666 $250,000
2E Auto Use Tax $344,270 $283,333 $350,000 $300,000
2E Audit Proceeds $0 $0 $0 $0
Bond Proceeds - Par $30,595,000 $0 $0 $0
Bond Proceeds - Premium $2,687,079 $0 $0 $0
Interest Income $251,406 $344,856 $550,000 $400,000
Miscellaneous Income $0 $0 $0 $1,800,000
Transfer from General Fund $0 $0 $0 $0
Total Revenues $37,691,416 $4,166,308 $4,509,432 $6,223,292
Total Available Funds $37,691,416 $37,770,892 $37,913,188 $33,003,550
Expenditures
Clear Creek Crossing $274,936 $9,901,312 $4,666,009 $5,059,055
Gold Line Station $55,983 $2,071,854 $937,232 $8,328,000
Wadsworth $37,188 $562,046 $195,000 $3,033,000
Anderson Park $154,183 $2,318,458 $1,826,122 $2,467,403
Bond Issuance Costs $274,915 $500 $3,267 $0
Debt Payment $3,490,455 $3,505,300 $3,505,300 $3,498,300
Total Expenditures $4,287,659 $18,359,470 $11,132,930 $22,385,758
Ending Fund Balance $33,403,756 $19,411,422 $26,780,258 $10,617,792
Special Funds
Investing 4 the Future - Projects Funded by 2E
Clear Creek Crossing Highway Circulation
Investing 4 the Future – Projects Funded by 2E
Clear Creek Crossing Project Profile
CLEAR CREEK CROSSING
PR
O
J
E
C
T
D
E
S
C
R
I
P
T
I
O
N
Phoenix-based real estate firm Evergreen Development Company Inc., is developing a
mixed-use project along I-70, between 32nd Avenue and Clear Creek, which will include
multi-family residences, retail stores, entertainment facilities, restaurants, hotels, a large
anchor store and an office complex. A trail system will provide connections from 32nd
Avenue through the development to the Clear Creek Trail. 2E funding in the amount of
$10 million will finance:
•Construction of westbound I-70 hook ramp
•Removal of the westbound off-ramp at 32nd Avenue
BE
N
E
F
I
T
S
The construction of the hook ramps will finish the work that was started in 2013, with
reconstruction of the 32nd Avenue/Youngfield intersection, to improve the 32nd
Avenue/I-70 Interchange. In addition, economic benefits will be realized from increased
revenue from the proposed mixed-use development of the large vacant area.
VISION 4. – Wheat Ridge has a choice of economically viable commercial areas
GOAL 1. – Build out key development sites along I-70 corridor by 2025
PL
A
N
ES
T
I
M
A
T
E
S
EXPENDITURES 2019 2020 2021
Professional Services $310,000 $0 $0
Environmental
ROW
Construction $4,749,055 $0 $0
TOTAL $5,059,055 $0 $0
Clear Creek Crossing Aerial View
G Line Station Platform Potential Project Map
Investing 4 the Future – Projects Funded by 2E
Wheat Ridge · Ward Gold Station Project Profile
WHEAT RIDGE · WARD GOLD LINE STATION AREA
PR
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J
E
C
T
D
E
S
C
R
I
P
T
I
O
N
With the 2E funding of $12 million, the City will address traffic and multi-modal
transportation needs to facilitate redevelopment and economic development
opportunities in the area surrounding the G Line commuter rail station at Ridge and
Ward Roads (Wheat Ridge · Ward Station). The improvements may include:
•Reconstruction of the adjacent streets: Ridge Road, 52nd Avenue, Tabor Street
•Building a pedestrian bridge over the tracks at the west end of the Station
•Pedestrian access improvements and other public parks, trail, and amenities
BE
N
E
F
I
T
S
Public infrastructure investments at the Wheat Ridge · Ward Station Area will facilitate
private sector real estate investments. The investments create the basis for a new mixed
use, multi-modal and pedestrian friendly neighborhood, with a dynamic mix of jobs and
housing. Proposed development will seek to expand the City’s housing diversity
providing a mix of for rent and for sale multi-family housing products. The adopted
Vision seeks to maintain and expand the City’s employment base, with a focus on
expanding the City’s business base in the outdoor recreation industry. The Vision also
includes a goal of creating a regional park and other iconic features that help brand the
area as a regional destination accessible and visible from both the G Line and I-70.
VISION 5. – Wheat Ridge has diverse transportation
GOAL 5. – Increase multi modal access to G Line stations
PL
A
N
ES
T
I
M
A
T
E
S
EXPENDITURES 2019 2020 2021
Professional Services $1,300,000 $351,200 $0
Environmental
ROW $728,000
Construction $6,300,000 $4,127,585 $0
TOTAL $8,328,000 $4,478,785 $0
Investing 4 the Future – Projects Funded by 2E
Wadsworth Boulevard Widening Project Profile
WADSWORTH BOULEVARD WIDENING PROJECT
PR
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E
C
T
D
E
S
C
R
I
P
T
I
O
N
In April 2016, the City of Wheat Ridge initiated an Environmental Assessment (EA) study
for the widening of Wadsworth Boulevard. The study is reviewing environmental impacts
associated with transportation improvements planned for Wadsworth between 35th
Avenue and I-70. The EA builds off of a Planning and Environmental Linkage (PEL) study
for Wadsworth that was completed in 2015 with input from the local community. The
EA is the first of several phases, with the final phase, construction, projected to begin in
mid-2020. 2E funding in the amount of $7 million will be used to provide the City’s local
match for a $25.28 million federal transportation grant. The City has also been awarded
a federal safety grant with a CDOT match for a total of $2.6 million. CDOT has also
committed $4.1 million in maintenance funding towards the project. This brings the total
identified funding to just under $39 million.
BE
N
E
F
I
T
S
• Improved travel time through the corridor with three vehicle travel lanes in each
direction
• Improved capacity at 38th and 44th intersections
• Detached sidewalks with tree-planted or hardscaped amenity zones
• Multi-modal ADA connection to the Clear Creek Trail
• Raised medians along the entire corridor
• Enhanced transit stops with queue jumps at 38th and 44th intersections
VISION 5. – Wheat Ridge has diverse transportation
GOAL 1. – Improve and identify areas of need for public transportation
PL
A
N
ES
T
I
M
A
T
E
S
EXPENDITURES 2019 2020 2021
Professional Services $275,000 $27,000 $0
Environmental $0 $0 $0
ROW $2,758,000 $2,010,000 $0
Construction $0 $1,698,000 $0
TOTAL $3,033,000 $3,735,000 $0
Cross-section of proposed design south of W. 44th Avenue
Anderson Park Master Plan
Investing 4 the Future – Projects Funded by 2E
Anderson Park Project Profile
ANDERSON PARK
PR
O
J
E
C
T
D
E
S
C
R
I
P
T
I
O
N
The City will use 2E funds in the amount of $4 million to modernize Anderson Park with
the addition of festival-friendly enhancements. The investments currently being
considered include:
• Outdoor pool locker room renovations
• Anderson building — replace leaking roof, reconfigure the space to allow additional
programming for fitness and wellness classes
• Sports fields — replace baseball field with multi-purpose sports field (wide variety of
uses, including festivals), reconstruct existing soccer field to provide a higher quality
game field
• Pavilion area — upgrade park pavilion and small shelter
• Additional needs — parking lot improvement/resurfacing, waterline replacement
BE
N
E
F
I
T
S
People who use parks and open space are three times more likely to achieve the
recommended levels of physical activity than non-users.
VISION 1. – Wheat Ridge is an attractive and inviting city
GOAL 2. – Ensure that the City has attractive and inviting open space and parks
PL
A
N
ES
T
I
M
A
T
E
S
EXPENDITURES 2019 2020 2021
Professional Services $83,7900 $0 $0
Environmental $0 $0 $0
ROW $0 $0 $0
Construction $2,383,613 $0 $0
TOTAL $2,467,403 $0 $0
ITEM NO: DATE: June 10, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 34-2019 – A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT FOR PROPERTY ZONED
RESIDENTIAL-THREE (R-3) AND LOCATED AT 11661 W. 44th
AVENUE (CASE NO. WS-19-01 / RIVERSIDE TERRACE)
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 a major subdivision for an approximately 1.52-acre property located at 11661 W. 44th Avenue. The purpose of this subdivision request is to establish lot lines, tracts, easements, and right-of-way dedication for an 18-unit townhome development in the Residential-Three (R-3) zone district.
PRIOR ACTION: Planning Commission will hear this request at a public hearing on June 6, 2019.
Attached is a copy of the Planning Commission staff report, which provides a detailed description of
the application. The Planning Commission recommendation will be provided during the staff presentation at the City Council hearing on Monday, June 10.
FINANCIAL IMPACT: Fees in the amount of $1,533 were collected for the review and processing of Case No. WS-19-01.
Fees in lieu of parkland dedication in the amount of $42,453.93 will be due prior to issuance of building permits. Permit fees and use tax will be paid for each townhome building permit and for all site work and right-of-way permits.
2
Council Action Form – 11661 W. 44th Avenue Subdivision
June 10, 2019
Page 2 BACKGROUND: The subject property is located on the north side of W. 44th Avenue between Robb Street and Tabor
Street. It is approximately 1.52 acres and is currently vacant. The site is zoned Residential-Three (R-3) which allows multifamily development (including townhomes) up to a density of 12 units per acre. Properties to the east and west also are zoned Residential-Three (R-3). The properties to the west
between the subject property and Tabor Street contain two-story apartment buildings. The properties
to the east contain single-family homes. The property across 44th Avenue to the south is zoned Planned Commercial Development (PCD) and contains a retail building with multiple tenant spaces, and an RV park behind it. The properties to the north are zoned Residential-Two (R-2) and contain duplexes. To the northwest is 4440 Tabor Street, which was rezoned to Planned Residential
Development (PRD) by City Council earlier in 2019.
Key components of the subdivision are described below. The plat document and additional detail are included in the attached Planning Commission staff report.
The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm
appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. Proposed Plat
The proposed subdivision is comprised of five sheets and establishes 18 townhome lots, with 6
lots/units per townhome building and 4 tracts, which provide for commonly-maintained alleyways, open space, utility easements, drainage basins, and sidewalks. A feature of the site is the potential for cross access with an adjacent proposed development at the
northwest corner. The subdivision regulations encourage connectivity and cross access where logical.
If the adjacent parcel is not developed, the Riverside subdivision can function independently with the creation of an emergency access easement being created by separate document. A condition of approval is included to this effect.
Required Agreements
The applicant is responsible for installing all public improvements, including the drainage system, the streetscape improvements, utilities and the open space. These obligations will ultimately be memorialized in a Subdivision Improvement Agreement (SIA) between the City and developer. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance
relative to the completion of public improvements. A condition of approval is included to this effect.
RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and
is consistent with the Residential-Three (R-3) zoning requirements. For that reason, staff is
recommending approval of the request.
Council Action Form – 11661 W. 44th Avenue Subdivision
June 10, 2019
Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 34-2019, a resolution approving a major subdivision for property
located at 11661 W. 44th Avenue and zoned Residential-Three (R-3), for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the
Code of Laws. 3. All agencies can provide services to the property with improvements installed at the developer’s expense.
and with the following conditions:
1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide homeowner’s association
covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat.
Or, “I move to deny Resolution No. 34-2019, a resolution approving a major subdivision for property located at 11661 W. 44th Avenue and zoned Residential-Three (R-3), for the following reasons:
1. 2. 3. ”
REPORT PREPARED/REVIEWED BY:
Scott Cutler, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 34-2019 2. Planning Commission Staff Report 3. Riverside Terrace Subdivision Plat
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34
Series of 2019
TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT FOR PROPERTY ZONED RESIDENTIAL-THREE (R-3) AND LOCATED AT 11661 W. 44th AVENUE (CASE NO. WS-19-01 /
RIVERSIDE TERRACE) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and,
WHEREAS, an application for a subdivision plat was received from Riverside
Terrace LLC to subdivide property for townhome development located at 11661 W. 44th Avenue in the Residential-Three zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the
property; and,
WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A MAJOR SUBDIVISION PLAT WITH RIGHT OF WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL-THREE (R-3) LOCATED AT 11661 W. 44th
AVENUE 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 subdivision plat has been found in compliance with Article IV of Chapter 26
of the Code of Laws.
3. All agencies can provide services to the property with improvements installed and the developer’s expense. And, with the following conditions:
1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvement agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide homeowners’
association covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat.
ATTACHMENT 1
DONE AND RESOLVED by the City Council this 10th day of June, 2019.
______________________________________
Bud Starker, Mayor ATTEST:
_______________________________________
Janelle Shaver, City Clerk
Planning Commission 1 Case Nos. WS-19-01 / Riverside Terrace Subdivision
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: June 6, 2019 CASE MANAGER: Scott Cutler
CASE NO. & NAME: WS-19-01 / Riverside Terrace Subdivision ACTION REQUESTED: Approval of a major subdivision
LOCATION OF REQUEST: 11661 W. 44th Avenue
APPLICANT/OWNER (S): Riverside Terrace LLC APPROXIMATE AREA: 66,284 square feet (1.52 acres)
PRESENT ZONING: Residential-Three (R-3) COMPREHENSIVE PLAN: Neighborhood Commercial Corridor; Neighborhood
ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2 Case Nos. WS-19-01 / Riverside Terrace Subdivision
JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST Case No. WS-19-01 is an application for a major subdivision for property located at 11661 W. 44th Avenue. Eighteen (18) townhome lots are proposed plus four tracts for common areas, drainage,
alleyways, and utilities. Access easements and drainage easements are also included in the subdivision
plat. A plat is required to facilitate a new townhome development on the site. Staff is reviewing a Planned Building Group (PBG) application for the property, which is subject to administrative review only as the proposal adheres to all of the Residential-Three (R-3) zone district
requirements. (A PBG is the term used in the zoning code for a site plan set that involves multiple
buildings, in this case a group of three buildings.) Civil construction documents for the project are under review by Public Works. While the PBG application is related, it is not part of the platting request and should not influence Planning Commission’s recommendation on the subdivision.
The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm
appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. II. EXISTING CONDITIONS/PROPERTY HISTORY
The subject property is located in northwestern Wheat Ridge, on the north side of W. 44th Avenue between Robb Street and Tabor Street. The site previously contained a single-family home and various outbuildings, which were demolished in 2019 (Exhibit 1, Aerial).
The property is zoned Residential-Three (R-3), as are the properties to the east and west. The zoning
map (Exhibit 2) shows a mix of zone districts in the area. The properties to the west contain a total of four two-story apartment buildings with multiple dwelling units. The properties to the east contain single-family homes. The properties to the north on Simms Court are zoned Residential-Two (R-2) and contain duplexes before transitioning back to R-3 zoning further north where there are 4-plexes. The
property across W. 44th Avenue to the south is zoned Planned Commercial Development (PCD) and
contains a retail building with multiple tenant spaces and an RV park. The property to the northwest was recently rezoned to Planned Residential Development (PRD) by City Council. The property is currently platted as Lot 3 and Tract B of the Fightmaster Subdivision and is
approximately 66,284 square feet (1.52 acres).
The current R-3 zoning allows for the development of townhomes, multifamily apartment buildings, duplexes, or single-family homes up to 12 units per acre. The development proposed is 11.8 units/acre.
III. PROPOSED SUBDIVISION PLAT
Plat Document The proposed plat document consists of five pages (Exhibit 3). The cover page includes a legal description of the property; signature blocks for the owners, City, surveyor, and County; standard
Planning Commission 3 Case Nos. WS-19-01 / Riverside Terrace Subdivision
declarations and notes; easement notes; and a lot data table. The second page consists of the plat map, showing the arrangement of the lots and tracts. Page 3 shows existing easements and easements being vacated. Page 4 shows details of the proposed sanitary, drainage, and utility easements. Page 5 shows details of the water and access easements.
Lot Configuration The lot configuration corresponds to the proposed development being reviewed under the PBG application. There will be 18 townhome lots, with 6 lots/units per townhome building. Four tracts are proposed (Tracts A, B, C, and D) which provide for commonly-maintained alleyways, open space,
utility easements, drainage basins, and sidewalks.
Public Improvements & Right-of-Way Dedication When new properties are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway design standards. A portion of the southeast
corner of the property, approximately 119 square feet, is being dedicated as right-of-way.
The developer will be responsible for constructing an 8-foot wide sidewalk, 2-foot buffer zone between the sidewalk and the street, and reconstructing the bus stop to current standards. The existing sidewalk is approximately 8 feet wide but much of it will need to be removed to reconstruct the bus
stop and entrance on the east side of the frontage. New street lights will also be installed.
Easements Several easements are created by this plat to allow adequate infrastructure and access. These include the following:
• Existing utility and drainage easements around the perimeter that will remain
• 6-foot wide utility easements on the edges of the interior alleys to serve each lot
• 25-foot wide sanitation easement in the primary drive and alleyways
• 30-foot wide water easement in the primary drive
• Access easements in all drives/alleyways A unique feature of the site is the potential for cross access with an adjacent proposed development at
the northwest corner. The subdivision regulations encourage connectivity and cross access where logical, so if the development to the west proceeds, cross access will allow movement through that property and the subject site. If the adjacent parcel is not developed, the Riverside subdivision can function independently with the creation of an emergency access easement being created by separate document. A condition of approval to this effect is recommended.
Drainage Tracts are being dedicated for an on-site water detention facility (porous landscape detention), which will be located north of the northern alley. The purpose of the tract is to ensure the facility is never
built or encroached upon, and will be the sole responsibility of the HOA. The civil construction
documents are under review and will be finalized with completion of the PBG application and prior to issuance of any permits. Parkland Dedication
The subdivision regulations include a parkland dedication requirement for all residential subdivisions
based on the assumption that additional residents in the City will impact the demand for parks and
Planning Commission 4 Case Nos. WS-19-01 / Riverside Terrace Subdivision
open space. When land is not dedicated for a public park, a fee is required in lieu. Per code and Council Resolution, the fee is $2,497.28 per unit to be paid at recordation. Subdivision Improvement Agreement
The applicant is responsible for installing all public improvements, including the drainage system,
streetscape improvements, the new private drives and alleys, utilities, and the open space. These obligations will be memorialized in a Subdivision Improvement Agreement (SIA) between the City and developer. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements.
IV. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow:
Wheat Ridge Public Works: The plat was found approvable on May 16, 2019. Civil documents are currently under review. Arvada Fire Protection District: Can serve. The fire district has approved the plat and
development with either a cross access or emergency access at the northwest corner.
Valley Water District: No objections. Utility coordination is ongoing. Fruitdale Sanitation District: No objections. Utility coordination is ongoing.
Xcel Energy: Utility coordination is ongoing. Utility easements are granted as part of the plat. Century Link: No concerns. Comcast: No comments.
V. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed subdivision plat results in a logical lot layout. Staff further
concludes that the subdivision plat complies with the standards in Article IV of the City Code
(subdivision regulations) and that all utility agencies can continue to serve the property. The plat will allow the development to proceed with construction. For these reasons, staff recommends approval of the subdivision plat.
VI. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WS-19-01, a request for approval of a major subdivision on property located at 11661 W. 44th Avenue, for the following reasons:
1. All requirements of the subdivision regulations (Article IV) of the zoning and development
code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense.
Planning Commission 5 Case Nos. WS-19-01 / Riverside Terrace Subdivision
With the following conditions: 1. Prior to recordation, the applicant shall pay the required fees-in-lieu of parkland dedication. 2. The developer shall enter into a subdivision improvements agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide homeowner’s association
covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat.
Option B:“I move to recommend DENIAL of Case No. WS-19-01, a request for approval of a major subdivision on property located at 11661 W. 44th Avenue, for the following reasons: 1. ...”
Planning Commission 6 Case Nos. WS-19-01 / Riverside Terrace Subdivision
EXHIBIT 1: AERIAL
Planning Commission 7 Case Nos. WS-19-01 / Riverside Terrace Subdivision
EXHIBIT 2: ZONING MAP
Planning Commission 8 Case Nos. WS-19-01 / Riverside Terrace Subdivision
Attached as an 11x17 document on the following page.
EXHIBIT 3: SUBDIVISION PLAT
A
T
T
A
C
H
M
E
N
T
3
ITEM NO: DATE: June 10, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 07-2019 – AN ORDINANCE REMOVING THE LOCAL HISTORIC LANDMARK STATUS FROM AN
ACCESSORY STRUCTURE ON PROPERTY LOCATED AT
11480 W. 44th AVENUE (CASE NO. WHL-19-01 / McENTIRE)
PUBLIC HEARING ORDINANCES FOR 1ST READING (05/13/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/10/2019) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________ Community Development Director City Manager
ISSUE: The applicant is requesting removal of the local historic landmark status from an accessory structure on property located at 11480 W. 44th Avenue in the Agricultural-One (A-1) zone district.
The current owner purchased the property in 2013.
Section 26-913.A.3 of the City Code allows for removal of historic designation at the request of a new owner to the extent public financial assistance has not been received to benefit the exterior historic elements of the property.
PRIOR ACTION: The structure was designated as a local historic landmark in 1998, processed under Case No. WHL-98-01 and passed by ordinance.
FINANCIAL IMPACT:
Fees in the amount of $320 were collected for the review and processing of Case No. WHL-19-01.
3
Council Action Form – Removal of Local Historic Status at 11480 W. 44th Avenue
June 10, 2019
Page 2 BACKGROUND: The subject property is located on the south side of W. 44th Avenue between Robb Street and
Tabor Street. The property is approximately one acre in size. Currently the property is vacant with the exception of an approximately 576 square foot barn at the rear of the property. As noted previously, in 1998, City Council approved an ordinance designating the barn on
the property as a local historic landmark under Case No. WHL-98-01. Since then, the
property has changed hands and the current owner is desirous of removing the local historic status of the barn. City Code allows for an application for removal of historic designation to be submitted by
the owner of the property, provided that it is the request of a new owner (not the owner
who requested the designation) and to the extent public financial assistance has not been received to benefit the exterior historic elements of the property. No public funds have been distributed to repair the barn. Staff has determined that the applicant is eligible to apply for the removal of the historic designation, which requires a public hearing at City
Council. There are no discretionary review criteria if the request meets these two standards
related to ownership and funding. RECOMMENDATIONS: The application in this case is for the removal of a historic status of an accessory structure.
This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on
the application. Historic designations (or their removal) in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-913). Ordinances require two readings, and by Charter, the public
hearing takes place on second reading.
Staff has determined that the applicant is eligible to apply for the removal of the historic designation, and because there are no discretionary review criteria, will not make a recommendation on this request.
RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2019 an ordinance approving the removal of local historic status for an accessory structure at 11480 W. 44th Avenue on property zoned Agricultural-One (A-1), on second reading, and that it takes effect 15 days after final publication, for the following
reasons:
1. The applicant has been determined to be eligible to apply for the removal of the historic designation, per Section 26-913 of the City Code. 2. …
Or,
Council Action Form – Removal of Local Historic Status at 11480 W. 44th Avenue
June 10, 2019
Page 3 “I move to deny Council Bill No. 07-2019 an ordinance approving the removal of local
historic status for an accessory structure at 11480 W. 44th Avenue on property zoned
Agricultural-One (A-1), for the following reasons: ___________________________ 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:
Scott Cutler, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 07-2019 2. Site photos
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 07 ORDINANCE NO. _________ Series of 2019 TITLE: AN ORDINANCE REMOVING THE LOCAL HISTORIC
LANDMARK STATUS FROM AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 11480 W. 44th AVENUE (CASE NO. WHL-19-01 / McENTIRE) 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, the property owner of 11480 W. 44th Avenue is requesting removal of the local historic landmark status of an accessory structure on their property; and,
WHEREAS, Section 26-913.A.3 of the City Code allows for removal of historic
designation at the request of a new property owner to the extent public financial assistance has not been received to benefit the exterior historic elements of the property; and,
WHEREAS, the property owner is a new owner who did not request the original
historic landmark status and no public funds have been received to renovate the structure; and, WHEREAS, there are no discretionary review criteria if the request meets the
two standards related to new ownership and funding;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1 Findings of Fact. The Wheat Ridge City Council hereby finds that
the property owner is eligible to remove the historic landmark designation from the accessory structure. The ownership has changed since the original designation and public financial assistance has not been received to repair the structure.
Section 2. Removal of Historic Landmark Designation. Pursuant to the authority vested in it by Section 26-913 of the Wheat Ridge Code of Laws, the Wheat Ridge City Council hereby removes the local historic designation from the barn on the property at 11480 W. 44th Avenue.
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
ATTACHMENT 1
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 8 to 0 on
this 13th day of May, 2019, ordered it published with Public Hearing and consideration on final passage set for Monday, June 10, 2019, 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 ___________, 2019. SIGNED by the Mayor on this _______ day of _______________, 2019.
______________________________________ Bud Starker, Mayor
ATTEST:
_______________________________________ Janelle Shaver, City Clerk
Approved as to Form
_______________________________________
Gerald Dahl, City Attorney 1st publication: May 13, 2019 2nd publication:
Wheat Ridge Transcript:
Effective Date:
City Council 1 Case No. WHL-19-01 / McEntire
All photos were provided by the applicant and taken in April 2019.
Site Photos: 11480 W. 44th Ave
ATTACHMENT 2
City Council 2 Case No. WHL-19-01 / McEntire
City Council 3 Case No. WHL-19-01 / McEntire
City Council 4 Case No. WHL-19-01 / McEntire
ITEM NO: DATE: June 10, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NUMBER 09-2019 - AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE
CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
PUBLIC HEARING ORDINANCES FOR 1ST READING (06/10/2019)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/24/2019) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager
ISSUE: The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term
of two years. The current term of Presiding Judge Christopher Randall expires July 1, 2019.
PRIOR ACTION: The Judge was reappointed in June 2017.
FINANCIAL IMPACT: The Judge is presently compensated at $98.97 per hour. This rate has been in effect since 2017. The Judge is not requesting any change in this rate.
BACKGROUND:
The Judge has provided a memorandum (attached) requesting reappointment.
RECOMMENDED MOTION: "I move to approve Council Bill 09-2019, an ordinance reappointing presiding Municipal Judge
Christopher Randall and approving a presiding municipal judge services agreement, on first
reading, order it published, public hearing set for Monday, June 24, 2019, at 7:00 p.m. in City Council Chambers, and that it take effect upon adoption at second reading."
4
Council Action Form – Reappointment of Municipal Judge
June 10, 2019
Page 2 Or
"I move to postpone indefinitely Council Bill 09-2019, an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement for the following reason(s) ________________."
REPORT PREPARED BY:
Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 09-2019
2. Memorandum from Judge Randall 3. Municipal Judge Services Agreement
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. 9 ORDINANCE NO. ________ Series of 2019 TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL
JUDGE CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
WHEREAS, the current presiding municipal judge, Christopher Randall, was reappointed effective July 1, 2017 for a two-year term expiring on June 30, 2019; and
WHEREAS, the Presiding Judge has continued to serve since that date; and
WHEREAS, pursuant to Charter Section 8.3, the City Council shall appoint all
judges for a term of two years; and
WHEREAS, Judge Randall has requested reappointment at the end of his current term; and
WHEREAS, the Council wishes to reappoint Judge Randall, and approve other
changes to the Agreement; and
WHEREAS, Charter Section 8.5 requires the Council to set the Judge’s compensation by ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter,
Presiding Municipal Judge Christopher Randall is hereby reappointed for a term of two years, expiring on July 1, 2021. The Presiding Judge’s compensation shall be $98.97 per hour. The terms and conditions of the Presiding Judge’s appointment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1,
2019, attached hereto and incorporated herein by this reference.
Section 2. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter.
ATTACHMENT 1
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on
this 10th day of June, 2019, 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 June 24, 2019, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ______ to _______, this ___day of _________, 2019.
SIGNED by the Mayor on this ________ day of _________, 2019.
Bud Starker, Mayor ATTEST:
Janelle Shaver, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: Second Publication: Wheat Ridge Transcript Effective Date:
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2835
F: 303.235.2829
www.ci.wheatridge.co.us
June 04, 2019
Honorable Bud Starker, Mayor Members of the Wheat Ridge City Council
Patrick Goff, City Manager
City of Wheat Ridge 7500 W. 29th St. Wheat Ridge, CO 80033
Dear Mayor Starker, City Manager, and Members of City Council: The City Charter creates a municipal court and directs the city council to appoint a presiding judge. The Charter requires that all municipal judges have been on the bench or have
practiced law for a period of years. I have thirty-three (33) years in the practice of law and
twenty-seven (27) years on the bench of which seventeen (17) have been as the presiding judge in Wheat Ridge. The Charter states that Council shall appoint a presiding judge for a term of two (2)
years. By charter, the duties of the judge are to supervise court personnel and submit a yearly
budget. In practice, the Colorado Supreme Court establishes a mandate as well: to justly determine all municipal ordinance violations, ensure criminal law procedures, administer cases fairly, and follow city, state, and federal laws and constitutions. Over the past two years there has been an explosion of legislation directed at municipal courts. As a result, the presiding judge
reviews and incorporates new legislation into the operation of the court.
The Colorado Code of Judicial Conduct (Code) guides judicial ethics and requires independence, impartiality, competence, and integrity. Inherent in the Code is the precept that judges must respect and honor the judicial office as a public trust and strive to maintain and
enhance confidence in the legal system.
I began as Presiding Judge in Wheat Ridge in January 2002, pursuant to a services agreement and have been the Presiding Judge continuously for seventeen (17) years. Each services agreement is for a two-year term. My most recent two-year contract for services began
July 2017 and ends June 2019. I am requesting renewal of the contract. Please see the enclosed
Memo for information about court, accomplishments, projects, and goals. I am not requesting a change in salary. I currently receive employee benefits. I am requesting a clarification that the Family Medical and Leave Act apply to my job classification.
ATTACHMENT 2
I am classified as a thirty (30) hour per week employee, so am requesting that I be able to flex
the hours worked per pay period. That is, hours worked over 30 hours one week could be added
to hours worked under 30 hours another week. Due to the number of years I have worked here, personal time off would accrue at the sixteen (16) plus year level or 6.94 hours per pay period. Year to date, I am working an average of thirty-two (32) hours per week. Regular court
sessions take about twenty-four (24) hours a week. Most court days take ten hours to complete.
Preparation for jury trials and the jury trials add a few days per year. Other work hours are related to new legislation, extended court sessions, managerial duties, director obligations, legal research, administrative matters, budget, personnel issues, and meetings.
This is an dynamic City with an interesting court docket. I enjoy the challenge and
energy of the City and the court. I look forward to another two years to continue to provide service. Sincerely yours,
/s/ Christopher D Randall
Christopher D. Randall
Presiding Judge
Wheat Ridge Municipal Court
Attached: Memo
Memorandum
TO: City Council, Mayor, and City Manager FROM: Christopher D Randall, Presiding Judge and Department Director
DATE: June 10, 2019 SUBJECT: Presiding Judge and Department Director Contract Renewal
BACKGROUND
I began as Presiding Judge and Department Director in 2002 and have been in that position continuously for seventeen years. I am requesting renewal of the current two-year contract that ends June 30, 2019.
COURT The Colorado Constitution and City Code provide for the creation of a municipal court. Wheat Ridge Municipal Court is a court of record that handles a wide variety of mostly criminal
matters. Appeals are taken to the Jefferson County District Court. Municipal court shall be
presided over by a Presiding Judge. Court is in session on Mondays, Wednesdays, and Thursdays, so there are approximately 150 court-sessions per year. I work on non-court days as necessary for meetings, training, seminars, conferences, recruiting, warrants, affidavits, prisoners, and other court business.
QUALIFICATIONS I have been licensed as an attorney in Colorado since 1987. I became an administrative law judge in 1991 and began judging in municipal court in 1992. Wheat Ridge City Council
appointed me as the Presiding Judge and Department Director in 2002. I have lived in Wheat
Ridge and currently live in Lakewood. PHILOSOPHY
Municipal judges are obligated to follow the Constitution of the United States, the
Constitution of Colorado, and the laws and ordinances of the City. Court rules, established by the Colorado Supreme Court, require that municipal court provide for the just determination of ordinance violations. Procedure is to be simple; the court administered fairly; and unjustifiable expense and delay eliminated. The court considers each case separately, and provides thorough,
practical, and professional case management. The judiciary is independent of and acts as a check
and balance on the executive (police) and legislative (city council) branches of government. A healthy and responsible government maintains an independent judiciary.
SENTENCING The city code provides for a general penalty of up to one year of incarceration or up to a one-thousand dollar ($1,000.00) fine or both. A sentence of this severity however rarely befalls
anyone. Restitution for pecuniary loss for victims is required pursuant to city ordinance and state
statute. (Due to prohibitory legislation restitution usually goes unpaid since courts now have little recourse against nonpayers.) Probation is a possibility with most sentences. The purposes of sentencing are as follows: to punish, assure fair treatment, assure
consistent treatment, deter crime, promote respect for the law, promote rehabilitation, address the
offender’s individual characteristics, reduce the potential that the offender will reoffend, promote responsibility and accountability, provide restoration and healing for victims and the community, and address the offender’s individual risks and needs. Judges use reason and common sense in sentencing. Each sentence is “custom tailored” for that person’s background and circumstances.
DEPARTMENT DIRECTOR The Presiding Judge in Wheat Ridge is also the Department Director. This expands the Presiding Judge’s duties. The Department Director responsibilities require not only presiding on
the bench three plus days a week, but administrative, operational, personnel, budget, security,
legal, legislative, and purchasing issues. This adds to the complexity, responsibility, and work load of the Presiding Judge. As the Department Director, I also participate in various professional associations regarding education, advocacy, and court improvement.
WHEAT RIDGE MUNICIPAL COURT Wheat Ridge is a somewhat unique city from a municipal court perspective. It is surrounded by and has traversing through it several major cities and thoroughfares. This leads to
a robust traffic docket and the unsolicited entry of individuals from several surrounding
jurisdictions. Our client base for the most part is the 2,900,000 people who live in the Denver metropolitan area. Due to the amount of retail business in Wheat Ridge, there are a significant number of theft summonses. Certain locations in the City attract a diverse and challenging population. Many persons have mental health and/or substance abuse issues. The Court sees in-
custody persons (jail detainees) at least three times a week. There are court marshals for court
security and prisoner transport. There is an active and challenging juvenile docket, mostly directed to substance use. Court also handles animal, zoning, building code, and nuisance violations. The adult docket is significant and features individuals with lengthy and/or violent criminal histories.
CHALLENGES FOR MUNICIPAL COURT
LOCAL CONTROL
State legislation over the last few years has diminished local control. It has impacted the
ability to collect fines, fees, costs, and restitution. Attorney appointments are now mandatory for most persons who are in-custody. Certain criminal convictions must be automatically expunged. Courts are now mandated to release most persons on personal recognizance bonds, regardless of their violence level, safety, criminal history, or their number of failures to appear in court.
HOMELESSNESS Homelessness has placed burdens on police calls for service, emergency rooms, detoxification facilities, treatment facilities, businesses, courts, parks, and trails.
DRUG ABUSE
Drug abuse is a prominent and daily factor when arraigning, sentencing, and supervising offenders. Many persons abusing substances also engage in other criminal activity. Many resist treatment and further harm themselves and society.
INABILITY TO COLLECT RESTITUTION
Legislation no longer permits the issuance of bench warrants for the arrest of persons who fail to pay for the loss and harm they have done to others. Victim’s bills for property damage, medical treatment, and veterinarian care go unreimbursed.
JAIL BED LIMITATION
The Jefferson County Jail has limited the number of beds that each city can use. This can at times impact they type of and an appropriate sentence.
ACCOMPLISHMENTS
CITY-ORIENTED ACHIEVEMENTS Continue improvements to the Performance Management Program Instructor with the Wheat Ridge Civic Academy Instructor with the Wheat Ridge Citizen’s Police Academy
Past President of the Colorado Municipal Judges Association
Update municipal judges’ lobbyist – Dentons LLC - on proposed legislation Weekly Executive Management Team (EMT) meetings Attend monthly state and local municipal judges meetings Support the ACTION core values
Attend various City and community functions, events, and festivals
Attend various Jefferson County functions and events Attend annual legislative dinner Take advantage of the Wellness Program and take classes at the Recreation Center Attend city sponsored trainings
Recommend improvements to NeoGov annual evaluation template
Welcome and assist new Administrative Services Director
COURT-ORIENTED ACHIEVEMENTS
The Employee Recognition Committee and the Executive Management Team awarded court
staff the annual ACTION Change Award for 2018. Help create annual goals and objectives for Performance Management Program (PMP) Meet with some team members for PMP mid-year check in Write or edit annual evaluations.
Provide information about court and proposed legislation to the Colorado Municipal League and
state legislators Revise job duties, screen, interview, and make offer for Court Marshal position Mentor Deputy Court Administrator Assist Court Administrator with budget
Hear cases involving persons in custody within two days; work on day off
Appoint attorneys for persons in custody on fast track basis Develop process to collect fines, fees, and costs in light of oppositional legislation Develop process to hold non-payers accountable for willful failure to pay restitution to injured victims.
Continue the “walk-in” court to allow people to resolve outstanding bench warrants
Expand and improve alternatives in sentencing including the payment plan process Use web based databases to locate non-appearing defendants Use web based databases to determine accuracy of applications for services or court appointed counsel
Maintain legal library, both hard copy and web-based
Continue to recommend special populations fund to help pay for sentencing requirements for indigents. City Council is commended for this unique and successful budget item. Coach staff on an almost daily basis Review motions (written requests) and issue written orders
Engage in legal research on an almost daily basis
Resolve old cases particularly those involving Department of Corrections (DOC) inmates Contact DOC and City IT department to consider feasibility of audio-video connection with DOC Improve court security with weekly meetings with marshals and security guard
Repair X-ray scanner
Review effectiveness of G4S security guard service Streamline crowd movement in and out of court Modify one court door to require electronic pass key Improve and add flexibility to bail bond process; increased use of personal recognizance and low
cash bonds
Monitor the appearance rate with various types of bonds Assess defendant risks using statutory factors to determine bail bonds Develop new court forms to improve accuracy and efficiency or to comply with new legislation Individualize sentencing, especially for the low-functioning, transient, homeless, mentally ill,
veteran, and substance abusing populations.
Attend legal and judicial seminars Continue IGA that permits first time juvenile alcohol and marijuana users the ability to obtain drug and alcohol treatment and avoid a conviction and fine Improve program for sealing and expungement of juvenile and adult criminal records
Respond to requests for criminal justice records
Work with police department on court/police issues Work with police department on body camera introduction
Maintain electronic process for probable cause and arrest warrants on weekends
Meet with county law enforcement to discuss jail populations
Review files beforehand to make audio-visual detainee process more efficient and secure Member of judges’ legislative strategy committee Moderate and attend monthly court staff meetings Attend bi-annual Colorado Municipal Court Judges Association judicial conferences
Re-classify court clerks to judicial assistants.
Distribute and discuss WRPD Employee Safety bulletins Organize team building events Address protestors, auditors, and agitators Attend annual employee awards breakfast
Modify two animal control violations to allow expedited plea and fine payment without court
appearance Amend and supplement personnel policy Revise jury instructions
Note: I did not accomplish these things alone. Most of these accomplishments would not have
been possible without the assistance of the court administrator, court staff, IT, or city staff. 2019 PRIORITIES
Obtain training and create strategic plan with Leadership Foundation Program.
Become fully staffed - recruit Court Marshal. Plan for retirement of a judicial assistant. Plan for loss of probation officer. Retain good employees.
Renovate judicial assistant work space.
Improve courtroom security; add bullet resisting material to witness box. Replace courtroom seating Investigate and possibly add a collection agency Go live with on-line payments
Research and implement a formal risk assessment tool for bond selection and sentencing
Comply with new legislation; comply with proposed legislation. Amend personnel policy and guidelines. View other teen courts; possibly implement in Wheat Ridge Investigate more services for probationers, particularly veterans.
Improve sealing and expungement of records.
Train staff and seek outside training opportunities. Provide input to Colorado Municipal League, Dentons LLC (judges’ lobbyist), elected officials, and interested others on proposed legislation. Work with administrative staff
Work with police department
Have administration and police department evaluate court PROFESSIONAL MEMBERSHIPS
Colorado Supreme Court (1987-2019)
Colorado Municipal Judges Association (1992-2019) Municipal Judges of Jefferson County monthly meetings (2016-2019)
Quarterly legislative strategy sessions with municipal judges (2017-2019)
PROFESSIONAL BOARD MEMBERSHIPS Board of Governors for the First Judicial District Bar Association (2014-2015)
Board of Directors and President of the Colorado Municipal Judges Association (2009-2015)
OTHER BOARD MEMBERSHIPS
Belmar (Lakewood) Row Homes, Home Owner’s Association – Secretary
INTERNAL RECOGNITION
I have given and received several “Give-A-Wow” awards. These recognize employees
for contributions to the ACTION core values of accountability, change, teamwork, integrity, opportunity, and now! These are available for review. CUSTOMER COMMENTS
The court makes available to the public court evaluation forms. The comments below are available for review. Comments about the Presiding Judge include: Judge was courteous, respectful, and knowledgeable.
The court experience was excellent.
Everyone was courteous and helpful. Judge was fair. This judge was way better than the Westminster judge. Staff patient, courteous, and did their jobs well.
Judge had excellent demeanor. I was impressed with the court’s professional demeanor, the
speed of the court, and the cleanliness of the building. Everyone is very nice. I liked how well they all worked together to make my court and problems go [unreadable].
CLASSIFICATION I work an average of thirty-two (32) hours per week. I am classified for benefits
purposes as a 30-hour per week employee. I receive benefits for the most part as if I were a
regular employee. Regular court sessions take about twenty-four (24) hours a week. Preparation for jury trials and the trials add a few days per year. Other hours are related to longer court sessions, managerial duties, legal research, administrative matters, budget, personnel, recruiting, interviewing, legislation, training, and meetings.
CONTRACT
There is no request to modify the hourly pay rate. Although I believe that the Family and
Medical Leave Act currently applies to my employment classification, I am requesting that it be
included in the contract. Due to longevity (16+ years), personal time off would accrue at the 16-year level (6.94 hours per pay period). Additionally, since I occasionally work under 30 hours some weeks and over 30 hours some weeks, I request that I exercise flex time to accrue 60 hours per (two week) pay period.
CONCLUSION I request reappointment and would be honored to continue to sit as the Presiding Judge and to act as the Department Director for the Wheat Ridge Municipal Court.
/s/ Christopher D Randall
CHRISTOPHER D RANDALL June 04, 2019
WR Muni Judge Contract - Randall
CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2019 ("Effective Date"), by and between the CITY OF WHEAT
RIDGE, COLORADO (the “City”) and CHRISTOPHER D. RANDALL, (“Presiding Judge”), together referred to herein as the "Parties." In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
ARTICLE 1 – SERVICES
Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"), Presiding Judge shall have the following duties:
A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal Court") cases, by either presiding over such cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge
schedule;
B. Formulate and amend the local rules of the Municipal Court with the approval of the Colorado Supreme Court;
C. Supervise the Associate Judges, if any, and all Municipal Court personnel; serve as Department Head for the Municipal Court staff; attend Department Director meetings, in person or by designee, and meetings with the City Manager, City Attorney and City
Council as needed; and
D. Responsible for preparation of annual department budget, monitoring of operational expenses and overall delivery of court services.
ARTICLE 2 – QUALIFICATIONS
The Presiding Judge shall continuously maintain the following qualifications:
A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the District of Colorado; and
B. Resident within 40 miles of the Wheat Ridge Municipal Court.
ARTICLE 3 - TERM; TERMINATION
Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term, ending on July 1, 2021. This Agreement may be terminated during its term for any of the reasons enumerated in Section 8.3 of the Charter.
ARTICLE 4 – COMPENSATION, PERFORMANCE
The Parties agree that Presiding Judge shall be compensated at $98.97 per hour for
services rendered under this Agreement. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below. For purposes of this Agreement, "reimbursable expenses" shall mean those expenses directly incurred by Presiding
ATTACHMENT 3
WR MuniCourt/MuniJudgeContract - Randall -2-
Judge in the performance of his duties under this Agreement, including mileage and travel expense.
Presiding Judge shall be paid via the current City system for recording and compensating hourly employees.
A. Funding.
This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appointment. The Parties further recognize and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of this Agreement to the contrary, the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next
ensuing budget year.
B. Performance
Pursuant to Section 8.3 of the Home Rule Charter, Presiding Judge is appointed for a
two year term. In contrast to other employees of the City, the Judge’s compensation is set by the Council by ordinance, rather than through the annual performance review process for other city employees. Also, the Presiding Judge is not an at-will employee as
all other city employees are. In recognition of these distinctions, the parties agree that the Council functions as the performance review body for the Presiding Judge, exercising that authority by ordinance as required by the Charter.
ARTICLE 5 – INDEMNIFICATION, INSURANCE AND BENEFITS
• Pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq.,
C.R.S., Presiding Judge is an appointed official of the City entitled to any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official capacity or arising out of his performance of his official duties as described. Presiding Judge shall be eligible to participate in the following insurance and benefit programs available to City employees, at a level equal to the average number of hours of work per week performed by the Presiding Judge, which for purposes of this Agreement, the Parties agree shall be a minimum of thirty (30) hours per week:
• Benefits as outlined in the 2018 Employee Benefits Guide or as revised for 2019 or 2020. The City agrees to pay the applicable premium for the rate level, consistent with the City insurance plan as amended from time to time.;
• Official holidays (6 hours of holiday pay per holiday recognizing ten (10) holidays per year per the most current City Personnel Policies);
• Personal time off (PTO) leave accrued per pay period dependent upon the number of hours of work per week: a 30–hour per week employee with the Presiding Judge’s current longevity receives 6.94 hours of PTO leave per pay period;
WR MuniCourt/MuniJudgeContract - Randall -3-
• Jury duty pay;
• Family Medical and Leave Act coverage;
• As a department head, Presiding Judge receives the annual allowance for cellular telephone use.
For all such insurance and benefit programs, to the extent the programs or any of their features
are altered, amended, or eliminated with respect to all eligible City employees, such alteration, amendment or elimination shall also apply to Presiding Judge in the same manner.
ARTICLE 6 – CHARTER, LAWS AND ORDINANCES
Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all applicable federal, state and local laws, rules, regulations, and ordinances that affect or govern the work as herein contemplated.
ARTICLE 7 – EQUAL EMPLOYMENT OPPORTUNITY
The Presiding Judge shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Presiding Judge shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
ARTICLE 8 – JUDICIAL INDEPENDENCE
An independent, fair and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. Thus, the judiciary plays a vital role in preserving the principles of
justice and the rule of law. Judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. Presiding Judge is expected to uphold these principles.
ARTICLE 9 – JUDICIAL IMPARTIALITY
Presiding Judge shall uphold and apply the law, and shall perform all duties of judicial office impartially. Impartially means absence of bias or prejudice in favor of, or against,
particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before the judge. Presiding Judge shall perform the duties of the judicial office, including administrative duties, without bias or prejudice. Presiding Judge shall not be swayed by public clamor or fear of criticism. Presiding Judge shall not permit social, political, financial, or other interests or relationships to influence the judge’s judicial conduct or judgment. Presiding Judge shall not convey or permit others to convey the impression that any person is able to influence the judge.
ARTICLE 10 - EX PARTE COMMUNICATION
WR MuniCourt/MuniJudgeContract - Randall -4-
Presiding Judge shall not initiate, permit or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their
lawyers, concerning pending or impending matters.
ARTICLE 11 – LAW AND VENUE
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County, Colorado. ARTICLE 12 – NOTICES
Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed to have been given when deposited in
the United States Mail.
If to the City: City Manager 7500 W 29th Avenue
Wheat Ridge, CO 80033 Fax: (303) 234-5924
With a copy to: City Attorney
7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924
If to Presiding Judge: Christopher D. Randall, Esq. 7500 W. 29th Avenue Wheat Ridge, CO 80033 Fax (303) 980-1721
ARTICLE 13 – ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of Presiding Judge may not be assigned, delegated, or subcontracted except with the express written consent of the City.
ARTICLE 11 – SEVERABILITY
To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement, the terms of this Agreement 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. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 12 – INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall
WR MuniCourt/MuniJudgeContract - Randall -5-
have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in writing and signed by Presiding Judge and an authorized representative of the City.
ARTICLE 13 – AMENDMENTS
The City may, from time to time, require changes in the scope of services of the Presiding Judge to be performed herein. Such changes, including any increase or decrease in the amount of the Judge’s compensation, must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2) copies,
each of which shall be deemed an original, as of the day and year first written above.
ATTEST: CITY OF WHEAT RIDGE, COLORADO
________________________________ By: ____________________________
Janelle Shaver, City Clerk Bud Starker, Mayor
Seal
APPROVED AS TO FORM: Gerald E. Dahl, City Attorney PRESIDING JUDGE
Christopher D. Randall
ITEM NO: DATE: June 10, 2019
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 08-2019 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
CONCERNING THE REGULATION OF ANIMAL-RELATED
FACILITIES (CASE NO. ZOA-19-01)
PUBLIC HEARING ORDINANCES FOR 1ST READING (06/10/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/24/2019) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ Community Development Director City Manager
ISSUE: The purpose of the proposed ordinance is to define “animal daycare facility” and allow it as a special use in the Commercial-One and Commercial-Two zone districts, add supplementary regulations for animal-related facilities (including specifications related to outdoor play yards),
and update the definitions and use table for consistency and clarity.
PRIOR ACTION: Staff discussed this issue with City Council at study sessions on December 17, 2018 and April 15, 2019. At the April study session, Council directed staff to draft a code amendment allowing animal daycares with outdoor play yards as a special use in the C-1 and C-2 zone districts and to
consider supplementary regulations. At a public hearing on May 16, 2019, Planning Commission
voted to recommend approval of the proposed ordinance. Meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. If the
ordinance results in more animal-related commercial businesses, the City may benefit from land use application fees, business license fees, building permit fees, and potential tax revenue.
5
Council Action Form – Animal-Related Facilities Ordinance
June 10, 2019
Page 2 BACKGROUND: Staff presented an analysis of the code as it relates to animal-related facilities and zoning maps at
an April 15, 2019 City Council Study Session. Council consensus was to permit animal daycares with outdoor play yards as a special use in the C-1 and C-2 zone districts. Council also directed staff to research and propose supplemental regulations on this use, specifically to consider some limitations on the outdoor play yard and boarding given proximity between C-1, C-2, and
residential zone districts.
Based on review of other cities’ regulations for animal-related facilities and in collaboration with the Police Department, specifically the Community Services Officers who enforce kennel licensing and serve as animal control officers in the field, the attached ordinance was drafted.
Summarized below are some of the key highlights of the ordinance and the reasoning behind the proposed regulations:
• The code amendment proposes to limit the number of animals outside to a maximum of 15
at any given time for animal daycare facilities in the C-1 and C-2 zone districts.
o This number is aligned with the State of Colorado’s Pet Animal Care and Facilities Act (PACFA) allowance of one human supervisor for every 15 dogs. o Limiting the number to 15 animals reduces the intensity of the outdoor use area given that C-1 and C-2 zoned properties are often close to residential zoning/uses.
In addition, C-1 and C-2 zoned properties are often smaller than agriculturally
zoned properties, which require a minimum lot size of one acre to accommodate animal-related uses.
• The code amendment proposes to establish setbacks for outdoor play yards to be at least 20
feet from side and rear property lines where they are adjacent to residentially zoned or used
property (for C-1 or C-2 zoned properties).
o In A-1 and A-2 zone districts, a 25-foot setback applies between outdoor play yards and adjacent residential zoning or uses. A slightly reduced setback in C-1 and C-2 is proportional with the often smaller lot sizes.
o The proposal is consistent with Denver and Lakewood, who also require 20-foot
setbacks.
• The code amendment proposes to allow overnight boarding as an accessory use in animal daycare facilities (in C-1 or C-2 zone districts), up to 25% of the gross floor area of the structures associated with the animal daycare.
o This is to distinguish the daycare use from a kennel, which allows overnight boarding as the primary use. o This code language is consistent with language elsewhere in the code quantifying the extent of an accessory use. A numeric standard provides clarity for business owners.
• The code amendment updates definitions and use table listings for animal-related facilities for consistency, clarity, and ability to cross reference. o For example, terms used for veterinary hospitals in the use table were updated to match the terms listed under definitions.
Council Action Form – Animal-Related Facilities Ordinance
June 10, 2019
Page 3 o The “animal daycare facility” use is also added as a special use in the A-1 and A-2
zone districts. The intent is to provide clarity and to distinguish it from the “dog
kennels, catteries, veterinary hospitals” use. RECOMMENDATIONS: Staff recommends approval of the ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 08-2019 an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of animal-related facilities, on first reading, order it published, public hearing set for Monday, June 24, 2019 at 7:00 p.m. in City Council Chambers,
and that it take effect 15 days after final publication.”
Or, “I move to postpone indefinitely the ordinance amending Chapter 26 of the Wheat Ridge Code of
Laws concerning the regulation of animal-related facilities, for the following reason(s)
_________________.” REPORT PREPARED/REVIEWED BY: Zareen Tasneem, Planner I
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 08-2019
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____________________
COUNCIL BILL NO. 08-2019 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING THE REGULATION OF ANIMAL-RELATED FACILITIES (CASE NO. ZOA-19-01) WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances
for the preservation of the public health, safety and welfare; and
WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the Code) pertaining to zoning, land use, and development; and
WHEREAS, the City Council has identified a need to clarify regulations pertaining to animal-related uses and outdoor activities associated therewith; and WHEREAS, the City Council has determined it appropriate to allow by special use
animal daycare facilities in certain commercial zone districts; and
WHEREAS, the City Council finds that this amendment does not diminish the quality or character of its commercial corridors or neighborhoods.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Section 26-123 (Definitions) of the Code is amended by the addition of a new definition in its appropriate alphabetical location:
ANIMAL DAYCARE FACILITY. A FACILITY LICENSED BY THE STATE OF COLORADO AND THE CITY OF WHEAT RIDGE POLICE DEPARTMENT WHERE ANIMALS MAY BE GROOMED, TRAINED, EXERCISED, AND/OR SOCIALIZED.
Section 2. Section 26-204 of the Code, entitled Table of Uses for Agricultural and
Public Facilities and Table of Uses for Commercial and Industrial Districts, is amended as follows with the rows in their appropriate alphabetical locations: Table of Uses—Agricultural and Public Facilities
Uses Notes A-1 A-2 PF
ANIMAL DAYCARE FACILITY
SEE § 26-644 S S
…
ATTACHMENT 1
2
Dog kennels, catteries, veterinary
hospitals
Provided that outside runs, PLAY YARDS, PENS, OR TRAINING AREAS which are adjacent
to residentially zoned or used property are no closer than 25 feet to a side or rear lot line
S S
Table of Uses—Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 I-E
ANIMAL DAYCARE FACILITY SEE § 26-644 S S
…
Kennels SEE § 26-644 S
…
Animal veterinary hospitals and clinics
VETERINARY HOSPITAL
With outside runs, PLAY YARDS,
PENS, OR TRAINING AREAS; no cremation
P P
WHERE THERE
ARE NO OUTSIDE RUNS, PLAY YARDS, PENS, OR TRAINING AREAS; NO CREMATION
S P P P P
Animal veterinary hospitals and clinics
VETERINARY HOSPITAL (SMALL ANIMAL, ENCLOSED)
Where there are no outside pens or runs for dogs,
RUNS, PLAY YARDS, OR TRAINING AREAS; no cremation
S P P P P
Section 3. Section 26-644 (Animal-related facilities) is hereby added to Article VI. Supplementary Regulations:
3
SEC. 26-644. ANIMAL-RELATED FACILITIES.
A. ALL KENNELS AND ANIMAL DAYCARE FACILITIES SHALL OBTAIN A KENNEL LICENSE FROM THE CITY OF WHEAT RIDGE POLICE DEPARTMENT. B. ANIMAL DAYCARE FACILITIES IN MIXED USE ZONE DISTRICTS ARE
SUBJECT TO THE FOLLOWING REGULATIONS: 1. ANIMALS SHALL NOT BE KEPT OR BOARDED OVERNIGHT, BRED, SOLD, OR LET FOR HIRE. 2. NO OUTDOOR PLAY YARDS, RUNS, PENS, OR TRAINING AREAS ARE ALLOWED.
C. ANIMAL DAYCARE FACILITIES IN THE C-1 AND C-2 ZONE DISTRICTS ARE SUBJECT TO THE FOLLOWING REGULATIONS: 1. NO MORE THAN 15 ANIMALS SHALL BE OUTSIDE AT ANY GIVEN TIME. 2. OUTDOOR PLAY YARDS SHALL BE SETBACK AT LEAST 20 FEET FROM
SIDE AND REAR PROPERTY LINES WHERE THEY ARE ADJACENT TO RESIDENTIALLY ZONED OR USED PROPERTY. 3. OUTDOOR PLAY YARDS SHALL BE SCREENED FROM VIEW SO AS NOT TO BE VISIBLE FROM ANY PUBLIC STREET OR ADJACENT PROPERTY. 4. ANY OUTDOOR PLAY YARD SHALL ONLY BE USED FROM DAWN UNTIL
DUSK FOR SUPERVISED EXERCISE AND TRAINING USE. THIS SHALL NOT PROHIBIT THE OCCASIONAL USE OF OUTDOOR AREAS FOR SUPERVISED ANIMAL RELIEF OUTSIDE OF THESE HOURS. 5. OVERNIGHT BOARDING SHALL NOT EXCEED TWENTY-FIVE (25) PERCENT OF THE GROSS FLOOR AREA OF THE STRUCTURES
ASSOCIATED WITH THE ANIMAL DAYCARE. OVERNIGHT BOARDING SHALL BE ENCLOSED WITHIN A SOUNDPROOF BUILDING. D. KENNELS AND ANIMAL DAYCARE FACILITIES WHICH ARE SUBJECT TO THE SPECIAL USE PERMIT PROCESS, PER SECTIONS 26-114 AND 26-204, IN
ZONE DISTRICTS WHERE INDICATED IN THIS CHAPTER ARE, IN ADDITION TO THE REQUIREMENTS OF THIS SECTION, SUBJECT TO THE CONDITIONS OF APPROVAL ATTACHED TO THE SPECIAL USE PERMIT. Section 4. Section 26-1111 of the Code, Permitted Uses, is amended as follows
with the rows in their appropriate alphabetical location:
Permitted Uses
Uses MU-C MU-C
Interstate
MU-C
TOD
MU-N
Animal daycare, indoor with no outdoor runs or pens FACILITY (SEE § 26-644) P P P P
…
4
Veterinary clinics and hospitals, no outdoor runs or pens, PLAY YARDS, PENS, OR TRAINING AREAS
P P P P
Section 5. Code Section 26-1119 (Definitions) of the Code is amended as follows in the appropriate alphabetical location:
Animal daycare facility. A facility licensed by the State of Colorado AND THE CITY OF WHEAT RIDGE POLICE DEPARTMENT where animals may be groomed, trained, exercised, and socialized, but not kept or boarded overnight, bred, sold, or let for hire.
Section 6. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 7. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 8. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 10th day of June, 2019, ordered published with Public Hearing and consideration
on final passage set for Monday, June 24, 2019 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 ______________, 2019.
SIGNED by the Mayor on this _____ day of ____________, 2019.
_________________________
Bud Starker, Mayor ATTEST:
5
_________________________
Janelle Shaver, City Clerk
Approved as to form
_________________________ Gerald E. Dahl, City Attorney First Publication:
Second Publication:
Wheat Ridge Transcript Effective Date: