HomeMy WebLinkAbout06/26/2006
11 .~ .J '
t ~ fI(j.UIJ.)(; ~J
6:30 p.m. Pre-Meeting
;\ ~ = I'J 9;\
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
June 26, 2006
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF June 12, 2006
PROCLAMATIONS AND CEREMONIES
Autumn Hughes, National Geography Bee
-
T)!!er Hughes, 2006 Colorado Chess Champion , fl D
0'o.-\c~ ~ ~ Cl(2$/Y Co \hi~~~~ \,~k. fts~.
CITIZENS' RIGHT TO SPEAK I v
1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
2 Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard
APPROVAL OF AGENDA
Item 1,
CONSENT AGENDA:
A. Award RFB-06-46 Panasonic Computer Notebooks for Police
Department Patrol Vehicles to Portable Computer Systems in the total
amount of $29,07000
B Award RFB-06-37 replacement of the outdoor bleachers at Prospect
Park in the amount of $44,076 00
CITY COUNCIL AGENDA, June 26, 2006
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2,
Item 3.
Item 4,
COUNCIL BILL NO 13-2006 - AN ORDINANCE ADOPTING A NEW
ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF
MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND
REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING
MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE.
PUBLIC HEARING ON RESOLUTION 30-2006 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,
ADOPTING THE NORTHWEST SUBAREA PLAN AND BY SUCH
ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE
PLAN
Public Meeting on 2007 Budget.
ORDINANCES ON FIRST READING
Item 5,
Item 6.
COUNCIL BILL 14-2006 - AN ORDINANCE AMENDING ARTICLE II OF
CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE, CONCERNING SMOKING IN PUBLIC PLACES
COUNCIL BILL 15-2006 - AN ORDINANCE APPROVING THE PARTIAL
REVOCATION OF AN EASEMENT AND THE GRANT OF AN
ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF DENVER,
ACTING BY AND THROUGH ITS BOARD OF WATER
COMMISSIONERS
-
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7.
Item 8.
RESOLUTION 31-2006 - APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) WITH THE WHEAT RIDGE URBAN RENEWAL
AUTHORITY AND AMENDING THE FISCAL YEAR 2006 GENERAL
FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION FOR A ONE TIME PAYMENT TO THE
AUTHORITY IN THE AMOUNT OF $100,000
RESOLUTION 32-2006 - APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) WITH THE CITY OF LAKEWOOD AND THE CITY
OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES
CITY COUNCIL AGENDA June 26, 2006
Page -3-
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
-
~~mtmfrR
CITY OF WHEAT RIDGE, COLORADO
June 12, 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7 00 P m Councilmembers
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz,
Mike Stites, and Terry Womble Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young: City Attorney, Gerald Dahl, Director of Community Development, Alan White,
Director of Public Works, Tim Paranto, Director of Parks and Recreation, Joyce Manwaring,
staff: and interested citizens
APPROVAL OF MINUTES OF Mav 22, 2006
-
Motion by Mr Gokey for approval of the Minutes of May 22, 2006, seconded by Mrs. Sang,
carried 8-0
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio presented a Certificate of Appreciation plaque to the Wheat Ridge Rotary Club
for the financial support of the Wheat Ridge Recreation Center Members accepting for the
Rotary Club were Mr Watson and Mr Gilmore
Mayor DiTullio presented a Certificate of Recognition plaque to Sergeant Paula Balafas for
promoting and administering the Police Department's Citizen Academy Police Chief Daniel
Brennan accepted the award on behalf of Sergeant Balafas and recognized Police Citizen
Academy graduates who attended the ceremony
Meeting was recessed at 708 P m for a brief reception The meeting was resumed at 7.21
pm
CITY COUNCIL MINUTES JUNE 12, 2006
Page -2-
CITIZENS' RIGHT TO SPEAK
Fire Chief Jim Payne made a public service announcement regarding the fireworks
ban in place for Jefferson County and Wheat Ridge Fire Protection District. He stated
that the fire danger is extremely high, and urged people to be careful
EXECUTIVE SESSION
Motion by Mr Stites to go into Executive Session for a conference with the City Attorney
and appropriate staff under Charter Section 5 7(b)(1 )(D) and (b)(3) and Section 24-6-
402(4)(b), C R S , specifically for the purpose of receiving legal advice on specific legal
questions and to consider real estate appraisals concerning the potential acquisition of
properties with the use of the City's allocable share of Jefferson County Open Space
funds (Van Gordon property and Northwest Lakewood Sanitation property)
and .a report from City Attorney on litigation filed challenging Councils' approval of
rezoning for property at 7495 West 29th Avenue
He further moved to return to the open meeting at the close of the executive session for
the purpose of taking any formal action deemed necessary; seconded by Mr Womble,
carried 8-0
Adjourn to Executive Session at 7.23 p m Resumed at 758 P m
-
Item 1,
CONSENT AGENDA:
A. RESOLUTION 25-2006 - AMENDING THE FISCAL YEAR 2006
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$2,000 FOR ACCEPTANCE OF THE COLORADO REGIONAL
POLICING INSTITUTE GRANT
B RESOLUTION 26-2006 - AMENDING THE FISCAL YEAR 2006
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$17,164 FOR ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL
BUREAU OF JUSTICE ASSISTANCE GRANT
C RESOLUTION 27-2006 - APPROVING A TOWER LEASE WITH
OPTIONS, ALLOWING T-MOBILE WEST CORPORATION TO
UTILIZE THE MUNICIPAL RADIO TOWER.
CITY COUNCIL MINUTES JUNE 12, 2006
Page -3-
D RESOLUTION 28-2006 - AMENDING THE FISCAL YEAR 2006
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$6,000 FOR THE ACCEPTANCE OF A GRANT FOR THE DESIGN
OF WILDLIFE VIEWING PLATFORMS
E RESOLUTION 29-2006 - AMENDING THE FISCAL YEAR 2006
CONSERVATION TRUST FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN
THE AMOUNT OF $36,329 FOR THE ACCEPTANCE OF THE
STEVENS ELEMENTARY PLAYGROUND GRANT
F Approve Award of RFB-06-36 Herbicide Services in the amount of
$20,324 for 2006 and $30,486 per year for 2007 and 2008 for a total of
$81,296
G Approve Award of RFB-06-29 Solid Plastic Lockers and installation in
the amount of $68,900 for replacement of lockers at the Wheat Ridge
Recreation Center
-
H Ratification of the purchase of a Police Department uninterruptible
power supply system in the amount of $105,250 35
Approve Award of SOQ-06-21 Geographic Information System (GIS)
Phase III in the total amount of $170,420
Consent Agenda was introduced and read by Mr Stites
Motion by Mr Stites for approval of the Consent Agenda, seconded by Mrs Sang
Mr Stites called for the previous question, seconded by Mrs Sang, carried
6-2, with Mrs Berry and Mr Gokey voting no
Mr Gokey is opposed to this because he feels he has been censured and is not allowed
to bring to the public needed information what we are passing in this $360,000 Consent
Agenda
Original motion carried 7-1, with Mr Gokey voting no
CITY COUNCIL MINUTES JUNE 12, 2006
Page -4-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL NO 10-2006 - AN ORDINANCE ADOPTING
AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS
PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL
RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE
AND SECTION 26-107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS
CONCERNING THE EXPIRATION OF BUILDING PERMITS
Mayor DiTullio opened the public hearing
Council Bill 10-2006 was introduced on second reading by Mr Gokey, who also read
the title Executive Summary was read by City Clerk Pam Anderson, who also assigned
Ordinance No 1360
Alan White, Director of Community Development, presented the staff report,
Beth McBride, 5801 W 33rd Avenue, testified in support of the ordinance
City Council asked questions and made comments regarding the ordinance
Mayor DiTullio closed the public hearing
-
Motion by Mr Gokey to approve Council Bill 10-2006 (Ordinance No 1360) on second
reading and that it take effect 15 days after final publication with the following
amendment:
Add to the end of Sections 1055, R105 5, and 26-107(A)(3) the following language
"The extension shall be granted if it is demonstrated that the extension will assist
or expedite the completion in a timely manner. Any denial of an extension may
be appealed to the Director of Community Development. "
Seconded by Mr Womble, carried 8-0
Item 3.
COUNCIL BILL NO 11-2006 - AN ORDINANCE AMENDING THE
WHEAT RIDGE CODE OF LAWS CONCERNING CONTRACTORS'
LICENSES AND INSURANCE
Mayor DiTullio opened the public hearing
Council Bill 11-2006 was introduced on second reading by Mr Gokey, who also read
the title City Clerk Pam Anderson read the Executive Summary, Statement of the
Issues and assigned Ordinance No 1361
CITY COUNCIL MINUTES JUNE 12, 2006
Page -5-
Alan White, Director of Community Development, presented the staff report.
City Council asked questions and made comments on the item
Mayor DiTullio closed the public hearing
Motion by Mr Gokey to approve Council Bill 11-2006 (Ordinance No 1361) on second
reading and that it take effect 15 days after final publication with the following
amendments to our published ordinance
(d) Insurance. A certificate liability insurance from an insurance company
licensed to do business in the state shall be filed with the city prior to
issuance of any Class A, B or C municipal contractor license. Said
certificate shall name the city as policy holder or additional insured. The
limits of such coverage shall include workers compensation and
employer's liability in the amount of two hundred fifty thousand dollars
($250,000) per person and one million dollars ($1,000,000) per accident; and
general liability coverage in the amount of two hundred fifty thousand
dollars ($250,000) per occurrence and one million dollars ($1,000,000)
general aggregate.
-
(e) License and Permit Bond. A cash bond in the amount of ten thousand
dollars ($10,000) shall be deposited with the city prior to issuance of any
Class A, B, or C municipal contractor licenses. The bond shall be held by
the city to insure completion of any work permitted to the municipal
contractor and to warrant any work performed under a license for a period
of two years. An insurance company performance and warranty bond
acceptable to the director of public works may be substituted for the
required cash bond.
And I further move to amend the motion to remove the insurance
requirement for contractors doing business on residential property in the
City of Wheat Ridge.
Seconded by Mr Womble
Upon Mr White's questioning for clarification, Mr Gokey confirmed that he wants no
insurance requirements for residential property, such as singe family residences.
Mr Gokey would like this discussed at a Study Session to wordsmith the language
Main Motion as amended failed 2-6, with Mr Gokey and Mr Womble voting yes.
CITY COUNCIL MINUTES JUNE 12, 2006
Page -6-
Motion by Mr Gokey to take this item to a study session for further discussion,
seconded by Mr Womble, failed 3-5, with Councilmembers Gokey, Schulz, and
Womble voting yes
Motion by Mrs Sang to approve Council Bill 11-2006 (Ordinance No 1361) on second
reading and that it take effect 15 days after final publication with the following
amendments
(d) Insurance. A certificate liability insurance from an insurance company
licensed to do business in the state shall be filed with the city prior to
issuance of any Class A, B or C municipal contractor license. Said
certificate shall name the city as policy holder or additional insured. The
limits of such coverage shall include workers compensation and
employer's liability in the amount of two hundred fifty thousand dollars
($250,000) per person and one million dollars ($1,000,000) per accident; and
general liability coverage in the amount of two hundred fifty thousand
dollars ($250,000) per occurrence and one million dollars ($1,000,000)
general aggregate.
(e) License and Permit Bond. A cash bond in the amount of ten thousand
dollars ($10,000) shall be deposited with the city prior to issuance of any
Class A, B, or C municipal contractor licenses. The bond shall be held by
the city to insure completion of any work permitted to the municipal
contractor and to warrant any work performed under a license for a period
of two years. An insurance company performance and warranty bond
acceptable to the director of public works may be substituted for the
required cash bond.
-
Seconded by Mrs Rotola, carried 7-1 with Mr Gokey voting no
Item 4,
COUNCIL BILL NO 12-2006 - AN ORDINANCE AMENDING CHAPTER
11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES,
PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
,
SPECIFICALLY CODE SECTION 11-170 CONCERNING THE
REGULATION OF PAWNBROKERS
Mayor DiTullio opened the public hearing
Council Bill 12-2006 was introduced on second reading by Mrs Sang, who also read
the title City Clerk Pam Anderson read the executive summary and assigned Ordinance
No 1362
CITY COUNCIL MINUTES JUNE 12, 2006
Page -7-
City Attorney Gerald Dahl was present for questions from the City Council
Mayor DiTullio closed the public hearing
Motion by Mrs Sang to approve Council Sill 12-2006 (Ordinance No 1362) on second
reading and that it take effect 15 days after final publication, seconded by Mr Womble,
carried 8-0
ORDINANCES ON FIRST READING
Item 5,
COUNCIL BILL NO 13-2006 - AN ORDINANCE ADOPTING A NEW
ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF
MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND
REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING
MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE
Council Bill 13-2006 was introduced on first reading by Mrs Rotola
Motion by Mrs Rotola to approve Council Bill 13-2006 on first reading, order it
published, public hearing set for Monday, June 26,2006 at 7:00 p.rn in the City
Council Chambers, and that it take effect January 1, 2007; seconded by Mrs Sang,
carried 8-0
-
DECISIONS. RESOLUTIONS AND MOTIONS
Mr Dahl introduced two possible motions by City Council
Motion by Mr Gokey to direct staff to continue with efforts to evaluate and acquire the
Van Gordon property and bring those efforts back to Council including analysis of the
environmental conditions on the property; seconded by Mr Schulz and Mrs Rotola,
carried 5-3, with Councilmembers Adams, Sang, and Womble voting no
ELECTED OFFICIALS' MATTERS
City Clerk Pamela Anderson reminded citizens to vote in the August 8 Primary Election and
gave information on how to obtain an absentee ballot.
Mayor DiTullio informed citizens that no fireworks of any kind are allowed in Wheat Ridge
There is a significant fire danger He encouraged people to attend regulated fireworks events
CITY COUNCIL MINUTES JUNE 12, 2006
Page -8-
Mr Womble left the meeting at 8'46 p m
Consensus was 4-3 to move to a study session a discussion of the renter/leaser inspection
program
Mr Womble returned to the meeting at 8 52 p m
Mrs Rotola reminded everybody that it is illegal to put signs on telephone poles
Meeting adjourned at 8 56 P m
APPROVED BY CITY COUNCIL ON JUNE 26, 2006 BY A VOTE OF to
Mike Stites, Council President
The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions
CIRSA
Safety Champion Award
Nomination Form
Committee
Describe why this individual or group deserves this award. Nominees must have
shown InitIative by satisfying at least one of the criteria listed on the prevIOus page.
Include specific examples and documentation - convince the Judges!
In March of2004 the City of Wheat Ridge Safety Committee implemented a Safety
Recognition Program. The program was implemented to raise awareness of safety Issues,
reduce employee accidents and injuries and instill proactive behaVIOrs that create a safe
working culture. The program rewards employees for practicing safe behaviors and
attending safety trainings or wellness events. Employees are also rewarded for
mamtaining a preventable accident and avoidable injury free status.
The Safety Committee created the program to fit the specific needs of the City The Job
dutIes within the city range from very low risk activities to extremely high nsk actIvitIes.
The committees' goal was to Implement one Safety Recognition Program that rewarded
employees relevant to the level of nsk reqUired for each mdlvidual position within the
city
The program was implemented In March of 2004 Participation In the program IS
voluntary and enrollment for the first six month period totaled 119 participants with 73 of
those enrolled receiving awards. Enrollment in the program has risen to 174 participants.
Over the first two years of the program the City has expended $8,005
A brochure further describing the program along With a nsk assessment form and point
submittal form are attached to proVide further explanation of the program.
Employees have acknowledged that the Safety Recognition Program has raised the level
of awareness regarding safety and has increased morale. The program, through award of
bonus pomts, encourages employees to attend safety trainings and wellness activities;
therefore, supports a safe working environment and encourages personal health and
wellness.
Other cities within the metro area (Lakewood, Golden and Idaho Spring) have heard
about the City of Wheat Ridge Safety Recognition Program and are consldenng
Implementation of similar program withIn their respectIve city.
ITEM NO:
\ , ~\
REQUEST FOR CITY COUNCIL ACTION
I~$~'
~
IUl
COUNCIL MEETING DATE:
June 26, 2006
TITLE:
AWARD RFB-06-46 P ANASONIC COMPUTER NOTEBOOKS FOR
POLICE DEPARTMENT PATROL VEHICLES TO PORT ABLE
COMPUTER SYSTEMS IN THE TOTAL AMOUNT OF $29,070.00
D PUBLIC HEARING
i:8J BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial:
D
Yes
i:8J
No
-
EXECUTIVE SUMMARY:
The City currently has twenty-five patrol vehicles and each has a Mobile Data Terminal (MDT)
computer that is linked to the Police Department via a secured wireless connection. These computers
allow the patrol officers to stay in the field longer, gather data, and fill out their reports without having
to drive back to the station. With the reliance on technology, the MDT needs to be reliable and stay
current with standard technologies. This MDT upgrade is a budgeted, phase two implementation that
IS required to provide reliability and speed of computing to the officers in the field. We are replacing
nine existing units With upgraded MDTs.
The MDT equipment in the patrol vehicles are over four years old and have outlived their projected
live span. Hence, these computers are more susceptible to connectivity failure due to the age of the
equipment. ThiS causes lost productivity for the end users and increases Information Technology (IT)
staff time to fix old technologies that require replacement. In addition, these upgraded technologies
will allow IT to configure the systems to optimize performance. In 2005 the City replaced eight units
in phase one and in 2007 we expect to replace an additional ten umts in phase three to bring our fleet,
including 2 backup MDTs, into a standard and updated configuration.
On June 6, 2006, six (6) bids were received. All bids met the initial bid requirements. The apparent
low bidder was Portable Computer Systems of Golden Colorado in the total amount of $29,070.00
Staff has reviewed the bid for specification compliance and recommend award to Portable Computer
Systems.
COMMISSIONIBOARD RECOMMENDA nON:
None
STATEMENT OF THE ISSUES:
The scheduled and budgeted procurement of replacement MobIle Data Computers for the patrol cars.
AL TERNA nVES CONSIDERED:
No replacement at this time.
FINANCIAL IMPACT:
Staff recommends the procurement of the replacement Panasomc Mobile Data Terminals in the
amount of $29,070 00 These funds are budgeted in the 2006 budget.
RECOMMENDED MOTION:
"I move to award RFB-06-46 Panasonic Computer Notebooks to Portable Computer Systems of
Golden, Colorado in the amount of $29,070.00 "
or,
"I move to deny award of RFB-06-46 Panasonic Computer Notebooks for the following reason(s)
"
-
Report Prepared by:
Reviewed by'
Michael Steinke, IT Manager
Linda Trimble, Purchasing Agent
Patrick Goff, Deputy City Manager
Attachments:
I Bid Tabulation Sheet
OJ ~
c
Vi
ro
.<:::
~
:J
QJ a.. "-
:0 >- 0
>- .~ aJ - ~I
o QJ
aJ ~ W >
at- U) ro
U)a..
ILl ro ILl
"''' '" .Il! w
w C >- - '"
" .- - :J '"
0-' ~...., a.
E z
a.Q
o '!!
o ~
"al-
a wN;:a..
z ;;>.fb
~eDl::.oo~
"'....wC.O"''-'
u)ltiozLU
OeDo -
G;9w<otnu
g:CD5S?~::J
oLLoc.oOO
iila::CijO:i!a..
-
C/)
0::
W
I-
::::)
a..
:::E
o
u
~
o
o
al
W
I-
o
Z
U
Z
o
C/)
<I:
Z
<I:
a..
~
u
w
"'
o
0:::
ll..
r) !J '(J
~ l C .-3 00 a
p. ~ V) r--
j cJl t- 'J)
j t \)) If) 1J) 0 \)j
l. 0 ~ ~ >--
&.::; 7"- r{) - CJ
co I(J
y;:1 g:1 0:1
~ CT c::;- cr-
J) (y- e--
\....1 ct .3 0
Q) -3 T '2
~ '0 ()
?- , -
IlJ r\) - ~
~ \(j <<)
.al ~ tJ
~ L .3 ..'9
^J -- If)
s::: j 7 VJ 0 ...- <]
~ 0- C Q) (J ()<\ (FI
'J f... Q - 2
r rf) - ...-
~(j <0 rr)
.t: (J ~ iJ ~
cD 0 ~
<il .0 <t ,J) r() -3
f-k (]
3 ') 0 cJ ()0. r- eu Z
'lJ (1 ?- r0 - -
2:]) <lS ~
('()
t cl 8/ rJ
:\l
,~ l. () (lS 0
,f) <J r---
ef 0) v') IJ) () 0
"7 C)
c <U - r- Z
.~ 11) 'J ?- rI) - -
C Ie C(S ()
co
'4 d HI
~ J,
~i r0 -3 -3
Vl :j CJ ::r- 0- ,f)
:J E- o () n) <V
6 t. -r- - -
- ~8 /-
;t.J ::r- \0
~
'It
:2
U) LU :J
ill a
u U Z
::; a:: LU
ct::
ill a.. a
U) 0> '<t 0 0
- W N "- <{
U) <.? u.. , LU
0 l.L a:: LU
0 <{ 0 0 LU <.?
0 a..
9 ~ ~ ~ 0
w 0 0 -J W
2: a:: 0 0 LU -J
0 :J en en a ~
a:: 2: >- f= l- I I 0
0 0 ct:: !!, <{ -J
0 f= U) ill a:: Z <.? <.? ~ z
z <( ::;; > u :J :J ~
w u a:: ::J U) <.? 8 0 0 0
0 ill ill ill
> ..J f- a Cl (/) l- I- <{
ATTACHMENT 1
ITEM NO: ~ \
REQUEST FOR CITY COUNCIL ACTION
~~
COUNCIL MEETING DATE'
June 26, 2006
TITLE:
A WARD OF RFB-06-37 REPLACEMENT OF THE OUTDOOR
BLEACHERS AT PROSPECT PARK IN THE AMOUNT OF
$44,076.00
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date'_)
D ORDINANCES FOR 2ND READING
QuasI-Judicial.
D
Yes
~
No
-
EXECUTIVE SUMMARY:
The contract award for the bleacher replacement IS for both the North and South fields at Prospect
Park, located at 11300 West 44th Avenue. It mc1udes six (6) aluminum bleacher units, three (3) for
each field. Each bleacher unit has a seating capacity of 80 or 240 per field. The bleacher replacement
bid award meets GOAL 7 More Leisure Amenities for Famihes, Objective 4' Improved Quality of
Parks: Amenities, Mamtenance Level and Safety
On June 6, 2006, three bids were received. All bids met the initial bid requirements. The apparent
low bidder was DGJD Inc. of Jefferson, Colorado for the base bid amount of $42,576.00.
Requirements for the center aisle with railing option, was negotiated to meet the CPSC Standard. The
total negotiated amount with the option is $44,076.00. References and qualifications were checked.
Staff recommends award to DGJD, Inc. in the amount of$44,076.00.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
The Parks and Recreation Department is systematically replacing the bleachers located in the parks
that do not meet the safety standards set by the CPSC (Consumer Product Safety CommIssion) and
CIRSA. The specifications for these safety standards require fall protection on the back and sides of
the bleachers, as well as the floor area. The requirements also specify access for individuals with
limited mobIlity The new bleachers will have a center aisle wIth handrails. The Parks and Recreation
Department also follows the CPSC for all playground equipment purchases and maintenance.
AL TERNA TIVES CONSIDERED:
To not award the contract for the replacement of the bleachers.
FINANCIAL IMPACT:
The cost for the bleachers ($41,076 00) IS appropriated in Fund 32 - Open Space Fund under projects,
Bleacher Replacement.
RECOMMENDED MOTION:
"I move to award RFB-06-37 Replacement of Outdoor Bleachers at Prospect Park, to DOJD, Inc. of
Jefferson, Colorado in the amount of $44,076.00 to be charged to account 32-601-800-862."
or,
-
"I move to deny award of RFB-06-37 Replacement of Outdoor Bleachers at Prospect Park for the
followmg reason(s) "
Report Prepared by'
Reviewed by:
Joyce Manwaring, Director of Parks and Recreation
Lmda Trimble, Purchasing Agent
Attachments:
1 BId Tabulation Sheet
060626 RFB-06.37 CAF.doc
'"
';i
0..
-
~ "'"
4\ ~ ~ \ ~
~ ,.0 J} ....so
~ .~ J) ~
/00.- ~ -5" cO <:V <V -
~~ ::::: / -r- ~
'1 r ..3 <t. ~ \.r)
ill 0.- \S) -.../
0 ~
~, ?J <::> '"
.J} 3 "
~
~~ <():, 'CfJ ~ 1:;- ~
if) ~ rj) J) \.i\ .......
<0 ~ L <V w <::? I- ~ ..
,j)'" t ~ ~ - / '-r- \!)
D -r ~ /' en ~
IV' ~
= <;::.
" ~ ~\ <::>
.?.~ 0 ~ ....::>
~ r ~
k} ~ 0 ~ % ~ J) 2-
J - c:0 -- -
.-:; ~ <::.0
1 r \J) &: .- 'T -r- --:::t-
::J --.J (<)
U
.... C'l
uJ ~ ~
~ ~
't3 J 0
~ ro ~ !
~ 0::
~ <' uJ 0 ....
~ z 'i <;i <;i ~ ~
III uJ <3 Q ...
\~ <l uJ \ uJ \ ~
~ 0:: () ~
0- 0- 0- 0 ~
Yi to to <.1. :..J
~ (/) (/) ~ ~ tS tS
9 ~ Z
It. ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~
~ ~ '& S - ~ ~\
~~ z ~
\;(: ~ <' 0 <6,\ <;i\ <;i \
<.) rt. ;.J - 0
u.l <3 't! \'S. (/) z
;>- \0\
~
c(
0-
'0
U1
~
~
0-
f/)
~
:r.
<a
U1
u\
'5
o
o
l-
5
Q)
~
Ol
C
jj; g>
~ ~
~ n
0.. '5
<ll 0.
'j3:;"- ~
to ",0.;
~.c e ~
or-~o.
uJ (\) uJ
ffi-O z~
o..,s ~:;]
o....J$--")
~
...
o
~
toZ
0.0
<i\
0-
o'Z.
" Q
uJ C'l ...
~ ~>fu
...1-''1.00
tio. C1 ';,( 8 ~
'2,'" o_-;.(/)
oquJ8'C.~
~,&a~a'2.
%ct%o~O-
-
--
g
""')
o
t:t.
0-
J.1'1'J.ctttllEtl1' '\
ITEM NO:
Q,
REQUEST FOR CITY COUNCIL ACTION
C'/$~
~O
COUNCIL MEETING DATE.
June 26, 2006
TITLE:
COUNCIL BILL 13-2006: AN ORDINANCE ADOPTING A NEW
ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING
OF MASSAGE THERAPISTS AND MASSAGE THERAPY
CENTERS, AND REPEALING ARTICLES X AND XI OF
CHAPTER 16, CONCERNING MASSAGE PARLORS AND
MASSAGE THERAPY PRACTICE.
[gj PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR I ST READING
[gj ORDINANCES FOR 2ND READING
-
I
/
Quasi-Judicial:
EXECUTIVE SUMMARY:
The existing massage ordinance is in Section 16 of the Municipal Code under miscellaneous
VIOlations. The proposed ordinance would adopt a new article in Section 11 of the Municipal Code
which pertains to licensing.
The City's current code, concerning massage parlors and massage therapy practice, is based on State
statute which was written when massage was a novelty often assocIated with prostitution. The
massage therapy profession has since emerged as a valid form of alternative health care promoted by
traditional medIcal providers. Now more than ever, massage therapy professionals are recognized as
caregivers who holistically contribute to the health and well-being of society as a whole. It is time
massage therapists be moved from the dark and obscure realm of presumed crime to the daylight of
legitlmate business licensing and accorded the official respect they have earned by formalizing
professional education and improving the profession and its accountability via recognized professional
organizations SImilar to those for other professions.
This agenda item was presented for discussion at the May 1, 2006 City Council Study SessIOn and
consensus was carried to bring the ordInance forward to a regular City Council meeting. SInce the
Study Session, Section 11-240 was added to the proposed ordinance to address the question of
providers of free or tips or donations only chair massage at public special events, requinng those not
licensed in the City to provide proof of license from other cities as temporary credentials for the
duration of the event only. Attachment # 1 Includes a memorandum distributed as part ofthe May 1,
2006 Study SessIOn.
Both the City and the professIOn worked in concert to aITlve at language that works for all concerned.
All massage licensees on record as of January 5, 2006 were invited to JOIn the process and/or submit
written comment. Correspondence received by the City IS included as Attachment #2.
This Council Bill meets the City Council goal of "Strong Partnership between City and Commumty"
by appropriately involving Citizens in policy development and providing an open and transparent City
government. In addition, realigning the application and license fee closer to the actual costs of staff
time meets the goal of "Creating a Sustainable City Government" by providing adequate revenues to
support detined services and service levels.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
-
The current location of the massage licensing code is located in SectIOn 16 which pertams to offenses.
ThiS placement not only presumes crime, but it makes it difficult for people to locate the code.
The current code permits adult-entertamment massage establishments; the proposed recognizes the
nature of massage as alternative medicine and proposes to govern it as such, disallowmg uneducated
and uncertitied practice which may be harmful to citizens and visitors.
The current code does not call for official identification and insurance of practitioners; the proposed
does in order to streamline enforcement and offer basic assurance to consumers that minimal quality of
service has been verified.
ALTERNATIVES CONSIDERED:
Mamtain the current code.
FINANCIAL IMPACT:
Application fees will increase to $100 and $180 for individual therapists and multiple therapist
centers, respectively, to cover what was conservatively determined to be the costs of advising,
providing and processing applications through the tax and police departments and will not be subject
to refund. Current licensees will not be required to reapply except where a license has lapsed.
Licensing fees will increase to $40 and $70 per year for individual therapists and multiple therapist
centers, respectively, to offset what was conservatively determined to be the costs of providing ID,
license, reporting advisement, oversight and enforcement. Current licensees, presently 84 combmed,
will be subject to these fees upon renewal on January 1, 2007
RECOMMENDED MOTION:
"1 move to approve Council Bill 13-2006, An Ordinance Adopting a New Article X of Chapter 11,
Concernmg The Licensing of Massage Therapists and Massage Therapy Centers, and Repealing
Articles X and XI of Chapter 16, Concerning Massage Parlors and Massage Therapy Practice, on
second reading and that it take effect January 1,2007 "
or,
"1 move to table indefinitely Council Bill 13-2006, An Ordinance Adopting a New Article X of
Chapter 11, Concerning The Licensing of Massage Therapists and Massage Therapy Centers, and
Repealing Articles X and XI of Chapter 16, Concernmg Massage Parlors and Massage Therapy
Practice for the following reason( s)
"
Report Prepared by'
Reviewed by.
Kathy Franklin, Sales Tax Auditor
Patrick Goff, Deputy City Manager
-
Attachments:
1 April 26, 2006 Memorandum
2. Correspondence
a. February 9, 2006 letter from Maureen K. Morgan, CMT
b. May 22, 2006 letter from Standley Lake Massage Therapy, Inc.
3. Council BilI 13-2006
ITEM 3.
May I, 2006
Study Session
City of Wheat Ridge
Office of the City Manager
Memorandum
TO: Randy Young, City Manager
FROM: Kathy Franklin, Sales Tax Auditor ~
THROUGH: PatrIck Goff, Deputy City Manager
DATE: April 26,2006
SUBJECT: Ordinance Concerning Licensing of Massage Therapists and Massage Therapy Centers
The attached draft ordinance concerns repeal of the existing massage ordinance now obscured in Section
16 of the Municipal Code under miscellaneous violations, and replacement of it with a new one in
Section 11, pertaining to licensing.
-
The current code is based upon the State statute whIch was written at a time when massage was a
novelty often associated with prostitutIOn. The massage therapy profeSSIOn has since emerged as a valid
form of alternative health care promoted by traditIOnal medical providers. Now more than ever,
massage therapy professionals are recognized as care-givers who holistIcally contribute to the health and
well-being of society as a whole. It is tIme massage therapists be moved from the dark and obscure
realm of presumed crime to the daylight of legitimate business licensing.
The proposed ordinance also simplifies the law. If a license IS not issued, this means no massage
services for pay of any kind, exceptmg doctors and simIlar It sets forth clearly the requirements for
licensing including educatIOn and background, and for remaining in good standing and keeping the
hcense. It also provides for multi-therapist practIces to avoid the question of parlors, which has been
badly mIsconstrued for years. The proposed ordinance will legally disallow adult entertainment-style
massage parlors as State law pernuts.
Both the City and the profession worked in concert to arrive at language that works for all concerned.
All massage lIcensees on record as of January 5, 2006 were invited to join the process and/or submit
written comment. Two therapist-busmess owners, Christopher White and Dean Hasse, participated
actively Kathryn Stewart ofthe American Massage Therapists' Association, Les Sweeney and Karen
LanIgan ofthe Institute of Bodywork and Massage Professionals were deeply involved. Also
participating was Dennis Simpson, proprietor ofthe Colorado School of Healing Arts, who has
previously advised other local cities on the subject. A letter from Maureen K. Morgan, CMT is attached
to this memorandum. City personnel who participated were the Sales Tax Department and Police
Commanders Wade Hammond and Joe Cassa.
This IS a much needed overhaul to keep ahead of the changing texture of small business. If not ground-
breaking, it's well in the forefront of the movement toward recognizing the validity ofa recently
_ emerged profession and governing it as such.
ATTACHMENT 1
~
February 9, 2006
To Whom It May Concern
I was not able to make the meeting Thursday, Feb. 9th, and would like to give my
thoughts about massage therapy in Wheat Ridge
I have been a Certified Massage Therapist (CMT) since March of 1997. I
graduated with 680 hours from Colorado School of Healing Arts and since have
acquired over 1000 hours. Annually I purchase Liability insurance from IMA
(International Massage Association) and a general massage license from the City
of Wheat Ridge. I have been a part of a massage practice in Wheat Ridge since
1999 The business name is Massage Therapy Associates
I feel that our establishment is a business. We have worked and established our
business with the city and should be considered a business and NOT a parlor
Which to me sounds condescending?
-
I am not a LMT (Licensed Massage Therapist) or Nationally certified but feel I am
very qualified to practice Being licensed should NOT be a qualification for
practicing massage therapy in Wheat Ridge Taking a test and paying the state
for an additional license would not make me a better therapist.
Possible qualifications for practicing massage in Wheat Ridge
1) Graduation from an accredited school with transcripts
2) Proof of liability insurance
3) General massage license from the city
Thank you for considering my suggestions.
Sincerely,
'1Y\ C\tc\t.CJ>n~'S c /21/
Maureen K. Morgan, CMT
ATTACHMENT 2
Standley Lake Massage Therapy, Inc.
Since 1982
May 22, 2006
City of Wheat Ridge
City Council
7500 W. 29th Ave.
Wheat Ridge, CO 80033
RE: Proposed Massage Therapy Ordinance
To Whom It May Concern:
I am writing in support of the proposed massage therapy ordinance. I am the co-
chair of the Colorado American Massage Therapy Association's Government
Relations Committee. I have been working with Kathy Franklin and Commander
Wade Hammond and other members of the task force on drafting this ordinance.
The group has been extremely effective at meetmg the needs of massage
therapists, the city, and the police department.
-
In its current version, Colorado American Massage Therapy Association's
Government Relations Committee recommends this ordinance for passage as an
good step forward from the prevlOUS ordinance.
I encourage you to pass this ordinance.
Sincerely yours,
~~
Kathlyn Stewart, Nationally Celtified Massage Therapist
Co-Chair, AMTA CO Government Relations
Standley Lake Massage Therapy, InC.-owner
In business since 1982
8725 Wadsworth Blvd., Suite A . Arvada, CO 80003-0922
Phone. 303 - 425-7298 . Fax. 303-940-8330 . Website. www.standleylakemassage com
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ROTOLA
Council Bill No 13
Ordinance No
Series of 2006
TITLE. AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11,
CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE
THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16,
CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE.
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the State of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter"); and
'-
WHEREAS, pursuant to its home rule authority generally and Article 48 5 of Title
12 of the Colorado Revised Statutes specifically, the City possesses the authority to
regulate and license the practice of massage within the City; and
WHEREAS, the City has previously adopted provisions concerning massage
parlors and massage therapy, codified as Articles X and XI of Chapter 16 of the Code of
Laws of the City of Wheat Ridge (the "Code"), and
WHEREAS, the City has also previously adopted provisions concerning the
licensing of businesses within the City, codified at Chapter 11 of the Code, and
WHEREAS, the City Council finds and determines that over the course of the
past several years, the practice of massage has made great strides in professionalism
as well as secured a legitimate place in the health care industry; and
WHEREAS, the City Council therefore desires to repeal those Articles previously
adopted concerning massage parlors and massage therapy and to adopt new
regulations concerning massage therapy and codify the same within Chapter 11 of the
Code
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO-
Section 1. Chapter 11 of the Code is hereby amended by the addition of a new
Article X, to read in its entirety as follows
ATTACHMENT 3
ARTICLE X. MASSAGE SERVICES
Sec. 11-230. Definitions.
For purposes of this Article, the following definitions apply:
Conspicuous place: In a massage therapy center or licensed premises
of a massage therapist, any place within the general reception area, at
eye level and not obscured by anything at any time, for individual
massage therapists in a massage therapy center, a place at eye level on
the outside of a treatment room door and not obscured by anything at any
time, is also acceptable.
Licensed premises: Subject to zoning, the premises specified in an
approved application for a Massage Therapy Center License, or in an
approved application for a Massage Therapist License for a sole
practitioner, which is owned or in the possession of the licensee and within
which such licensee is authorized to carry on the practice of massage
therapy or receive requests for the supplying of massage therapy. Subject
to zoning, the licensed premise of a sole practitioner may be their home
Loeallicensing authority: The Sales Tax Division of the Administrative
Services Department is the designated local licensing authority pursuant
to C R.S 912-485-103(3)
-
Massage. Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of the
external soft tissue of the body with the hands or other parts of the human
body or with the aid of any mechanical or electrical apparatus or
appliance, with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions, ointments or other
similar preparations used in this practice
Massage therapist: A person, 18 years or older, who has graduated
from a massage therapy school accredited by the state educational board
or division charged with the responsibility of approving private
occupational schools, or from a school with comparable approval or
accreditation from another state with transcripts indicating completion of at
least five hundred (500) hours of training in massage therapy. For the
purposes of this Article, a massage therapy school may include an
equivalency program approved by the State educational board or division
charged with the responsibility of approving private occupational schools
2
Massage therapy center: Any establishment where more than one
massage therapist engages in, carries on or permits to be engaged in or
carried on any of the activities under the definition of massage in this
Article, or where or any person, firm, partnership, association or
corporation permits to be engaged in or carried on any of the activities
under the definition of massage in this Article
Nonresident massage therapist: A person who holds a valid and
current license to practice massage outside the City of Wheat Ridge
issued by a qualified local licensing authority as defined by C R.S. ~ 12-
48.5-103(3)
Normal scope of practice. Actions which are 1) as applicable to state
regulated professions and institutions, recognized by state regulatory
authorities as usual and acceptable components of service or care; or 2)
as applicable to athletic trainers, usual and commonly accepted
components of service or care which are not in violation of any state or
local law
-
Off premises massage. Massage therapy performed outside the
licensed premises of a sole practitioner or of a massage therapy center
Professional association A nationally recognized association or
organization for the advancement and self-governance of the massage
therapy profession, having an actively enforced code of ethics
Public special event: An event to which admission or access is open
to members of the general public and which has obtained City approval in
the form of a license or permit issued under this Chapter 11.
Sec. 11-231. License Required.
It shall be unlawful for any person to offer or perform massage in the
City of Wheat Ridge for pay of any kind, received directly or indirectly,
without first obtaining a Massage Therapist License, and it shall be
unlawful to operate a massage therapy center in the City of Wheat Ridge
without first obtaining a Massage Therapy Center License, except for the
following classes of persons.
(a) Physicians, osteopaths, physical therapists, chiropodists,
podiatrists, or chiropractors licensed by the State of Colorado, their offices
and clinics, and all persons working in their offices and clinics under their
supervision and direction while performing within the normal scope of
practice
3
(b) Hospitals and all persons employed by institutions and
establishments licensed by the State of Colorado as hospitals while acting
within the normal scope of practice in the premises of the hospital or
institution so licensed
(c) Registered nurses and licensed practical nurses performing
massage services within the normal scope of practice
(d) Aestheticians, cosmetologists, manicurists and barbers duly
licensed under the laws of this State, acting within the normal scope of
practice.
(e) Trainers of any recognized amateur, semi-professional, or
professional athlete or athletic team acting within the normal scope of
practice
(f) Acupuncturists licensed by the State of Colorado performing
massage therapy services within the normal scope of practice.
(g) Students of state accredited or state approved educational facilities
located within the City or interns acquiring field hours at licensed premises
within the City must be supervised and coordinated by a designated
school employee with appropriate instructor qualifications.
Externships/internships should be based on a written training plan which
specifies the students' goals, as well as the experiences and applications
to be accomplished The training plan must designate an on-site
supervisor who will guide and oversee the students' learning experiences
and participate in the students' evaluations Externs/interns are subject to
the following
-
(1) Attire requirements are the same as for a City licensed massage
therapist or massage therapy center employee
(2) The student must have an official photo student ID issued by a
state accredited or state approved educational facility readily
available for inspection.
(3) A copy of the written training plan agreement between the training
provider and the state approved educational facility must be on file
at both the educational facility and the training site and readily
available for inspection
4
Sec. 11-232. Application for License.
(a) The applicant(s) shall be subject to the following
(1) Insurance Required: License holders are required to maintain the
following
a. Proof of professional liability insurance to engage in the practice
of massage therapy with a minimum combined single limit of
liability for bodily injury and property damage of one million
dollars ($1,000,00000) per occurrence and in the aggregate
obtained independently or through membership in a
professional association
b Failure to maintain such insurance for the duration of the license
or to show such evidence on request shall be cause for
immediate revocation of the license
-
(2) Massage Therapy Center Ownership interest in a proposed or
licensed Massage Therapy Center must be disclosed at the time of
application or license re-qualification on a separate and confidential
statement as follows for the purposes of criminal background
investigation as provided for later in this subsection:
a Associations and corporations' For all officers and holders of
5% or more of the stock in a corporation, provide the full legal
name, physical home address and social security number
b Partnerships and non-corporate firms: For all partners or
owners provide the full legal name, physical home address and
social security number
c. Update required: Any change in ownership that is required to
be disclosed in the preceding phrases must be reported in
writing to the City within 45 days
(b) Education
(1) The applicant for a Massage Therapist License must provide
complete disclosure of his or her education and experience as a
massage therapist.
a. To obtain a Massage Therapist License the applicant must be at
least 18 years old and have graduated from a massage therapy
5
program or school accredited or approved by the State
Educational Board or division charged with the responsibility of
approving private occupational schools, or from a school with
comparable approval or accreditation from another state, and
must present original sealed transcripts indicating completion of
at least five hundred (500) hours of training in massage therapy
Transcripts will be kept on file for all approved applications
ii. Transcripts will be returned if an application is denied
b For the purposes of this Article, a massage therapy school may
include an equivalency program approved by the State
Educational Board or division charged with the responsibility of
approving private occupational schools.
(2) The applicant(s) for a Massage Therapy Center License are not
required to meet the massage therapist educational requirements,
but are subject to all other requirements
(c) Criminal Background
-
(1) The applicant(s) shall be required to submit to a police background
investigation as part of the application process.
Sec. 11-233. Special Conditions and Restrictions of the License.
In addition to the requirements of Section 11-232 of this Article, the
following additional licensee requirements shall apply'
(a) Good Character Required: No applicant with a felony record or
who has been convicted of a charge regarding moral turpitude, solicitation,
fraud, dishonesty, gross negligence or incompetence is eligible to obtain a
Massage Therapist License or Massage Therapy Center License
(b) Display of License' Every Massage Therapy Center and Massage
Therapist licensee shall display a valid license in a conspicuous place
within the Massage Therapy Center or other licensed premises so it may
be readily seen by persons entering the premises
(c) City ID Required
6
(1) Every licensed massage therapist shall carry or have readily
available a City of Wheat Ridge Massage Therapist identification
card at all times when offering or performing massage
(2) The photo ID must be renewed each year with license renewal.
(3) The photo ID shall at all times be the property of the City and must
be surrendered upon revocation or voluntary termination of license.
(d) Sanitary Requirements. All licensed premises must be maintained
in a clean and sanitary manner.
(e) Attire.
(1) All persons providing massage therapy and all employees of a
massage therapy center must be fully clothed at all times
(2) Clothing shall be of a fully opaque, non-transparent material and
shall provide complete covering from at least mid-thigh to no more
than two inches below the collarbone The midriff and the arm pits
may not be exposed
-
(f) City's Right to Inspect: Excepting exigent circumstances in the
course of law enforcement activities, a City representative may inspect the
licensed premises upon making an appointment no less than 24 hours in
advance
Sec. 11-234. Expiration and Renewal of License.
(a) Expiration The Massage Therapist License and the Massage
Therapy Center License shall expire on December 31 of each calendar
year but shall be subject to the grace period allowed all licensees ending
on February 1 of the following year
(1) An expired Massage Therapist License or Massage Therapy
Center License shall be subject to re-qualification in the same
manner as the application for license set out in Section 11-232 if
the licensee intends to continue performing massage in the City
(2) Re-qualification shall be subject to the same application fees as a
new application.
(b) Renewal Notice A renewal notice shall be sent to each licensee
no less than 30 days prior to the expiration of the license
7
(c) Proof of Insurance. A copy of current proof of insurance as
specified in Subsection 11-232(a)(1) is required for renewal and shall be
presented at that time.
Sec. 11-235. More Stringent City Standards Prevail.
The City recognizes the provisions of Title 12, Article 48.5 of the
Colorado Revised Statutes as applicable within the City. The standards for
the licensing of massage services set forth in this Article are intended to
be more stringent than the minimum standards set forth in Title 12, Article
485 of the Colorado Revised Statutes In the event of any conflict
between the provisions of this Chapter and the provisions of said Title 12,
Article 48.5, the more stringent requirement shall apply
Sec. 11-236. Fees.
Fees for the applications and licenses provided for in this subsection
are payable at the time of application, renewal or re-qualification as
follows
-
(a) Application fees
(1) Massage Therapist $100
(2) Massage Therapy Center: $180
(3) Background as set by the Federal Bureau of Investigation and the
Colorado Bureau of Investigation
Fingerprint analysis fees are in addition to application fees and
are payable directly to the analyzing agencies (Colorado Bureau
of Investigation and Federal Bureau of Investigation) at the rates
established by them.
(b) Licensing fees
(1) Massage Therapist: $40, includes photo ID
(2) Massage Therapy Center' $70
(c) Replacement of lost photo ID fee. $10
(d) Refunds and pro-rations.
8
(1) Application fees provided for in this subsection are not subject to
refund or pro-ration
(2) Prepaid licensing fees shall be refunded upon denial of an
application for a new or re-qualified license
(3) Initial licensing fees are to be reduced by half if application occurs
after September 30
Sec. 11-237. Massage Services Licenses Additional to All Other
Licenses.
Licenses provided for in this subsection are in addition to any and all
other licenses required by the City and are contingent upon those licenses
also remaining active and in good standing
Sec. 11-238. Revocation of License.
-
(a) Any violation of the provisions of this Article shall be cause for
revocation of any license issued under this Article
(b) Any falsification of information in the application or criminal
background investigation authorization document shall be cause for
revocation of any license issued under this Article
(c) Revocation of the City sales and use tax license shall be cause for
revocation of any license issued under this Article.
(d) The violation of any provision of Title 12, Article 48 5, C R.S shall
be cause for revocation of any license issued under this Article
(e) Any revocation proceeding pursuant to this Section 11-238 shall
meet the minimum procedural requirements of C R.S S 12-485-107, as
existing or hereafter amended
Sec. 11-239. Public Roster.
(a) For the purpose of professional self-policing, a roster of the names
of all licensees and of the addresses of all licensed premises under this
Article shall be available upon request and free of charge to all licensees
under this Article
9
(b) A roster of the names of all licensees and of the addresses of all
licensed premises under this Article shall be available upon request but at
a nominal fee of $5 to the general public.
(c) A roster of the names of all licensees and of the addresses of all
licensed premises under this Article shall be posted on the official website
of the City and updated no fewer than four times a year
Sec. 11-240. Public Special Events; Nonresident Massage
Therapists Permitted.
(a) Notwithstanding any other provision of this Article, a Nonresident
Massage Therapist may offer and perform chair massage at a Public
Special Event in the City of Wheat Ridge without first obtaining a City
Massage Therapist License as provided by this Section:
(1) A Nonresident Massage Therapist may submit a written request to
offer and perform massage at a Public Special Event to the Local
Licensing Authority no later than thirty (30) days prior to the event.
The written request must be accompanied by a copy of the
therapist's massage license issued by another jurisdiction and proof
of insurance meeting the requirements of Section 11-232(a)(1)
-
(2) The Local Licensing Authority shall process a complete written
request and provide written notice of approval or denial no later
than ten (10) days prior to the Public Special Event. The Authority
shall deny a request upon a finding that:
The massage license issued by another jurisdiction is counterfeit,
under suspension or otherwise invalid,
II The minimum insurance requirements are not met; or
III The written request or any of its accompanying documentation
contains false information
(b) Any Nonresident Massage Therapist authorized to perform chair
massage at a Public Special Event pursuant to this Section must carry
with him or her a copy of the City's written approval and make the same
available for inspection upon reasonable request at all times he or she is
offering or performing massage at such event.
10
(c) Authorization to offer and perform massage under this Section is
specifically limited to chair massage. Table massage is prohibited at all
Public Special Events
(d) It shall be unlawful for any person to offer or perform chair
massage at a Public Special Event without first obtaining a Massage
Therapist License from the City or written authorization as a Nonresident
Massage Therapist pursuant to this Section
Secs. 11-241-11-249. Reserved.
Section 2 Article IX of Chapter 11 of the Code is hereby amended by the
addition of Sections 11-227 through 11-229, designated as "Reserved"
Section 3 Chapter 16 of the Code is hereby amended by repealing Articles X
and XI, inclusive, in their entirety
-
Section 4. 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 5 Severabilitv: Conflictinq 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 6 Effective Date. This Ordinance shall take effect January 1, 2007.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o on this 12th day of June , 2006, 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 26 , 2006, at 7 00 o'clock
pm, 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 ,2006.
11
SIGNED by the Mayor on this
day of
,2006
ATTEST
Pamela Anderson, City Clerk
First Publication. June 15, 2006
Second Publication
Wheat Ridge Transcript:
Effective Date
Jerry DiTullio, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
-
12
ITEM NO:
3.
REQUEST FOR CITY COUNCIL ACTION
~--~
.' V\
c~
COUNCIL MEETING DATE.
June 26, 2006
TITLE:
RESOLUTION NO. 30-2006, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,
ADOPTING THE NORTHWEST SUBAREA PLAN AND BY SUCH
ADOPTION, AMENDING THE WHEAT RIDGE
COMPREHENSIVE PLAN
[gJ PUBLIC HEARING
o BIDS/MOTIONS
[gJ RESOLUTIONS
o ORDINANCES FOR I ST READING (Date. _)
o ORDINANCES FOR 2ND READING
QuasI-JudICIal
o
Yes
[gJ
No
-
L i&~ fJ:iJ-
Commumty Development DIrector
EXECUTIVE SUMMARY:
The Plan was prepared by Winston ASSOCIates and Commumty Development Department staff
over the course of the last nIne months. ThIs area was selected for one of the first subarea
planmng efforts because ofRTD's Fastracks plan to buIld the Gold LIne WIth an end of the lIne
statIon near Ward Road and 50th Place.
The 2000 ComprehensIve Plan dId not enVISIon a transIt statIon In thIs area of the CIty The
Subarea Plan enVISIOns a mIxed-use transIt onented development (TOD) adjacent to the proposed
statIon on the north SIde of the tracks.
AdoptIon of the Subarea Plan would supercede the ComprehensIve Plan for thIS area of the CIty
Planmng CommIssIOn recommended adoptIon of the plan.
AdoptIon of the subarea plan Implements CouncIl's strategIc goal of prepanng for growth and
opportumtIes.
COMMISSION/BOARD RECOMMENDATION:
At a publIc heanng on May 18, 2006, the Planmng CommIssIon recommended approval of the plan.
STATEMENT OF THE ISSUES:
The attached memorandum to Planmng CommIssion contams a bnef descnption of the concepts for
future development contamed in the Subarea Plan.
The eXlstmg Comprehensive Plan recommends pnmarily mdustnal uses for the area. Without a
change to the Comprehensive Plan, the area would likely become a senes of unconnected mdustrial
parks WIth an 800 car parkmg lot next to the transit statIOn.
Construction ofthe Gold Line IS nme years away and the Plan dIscusses what the CIty and landowners
can do m the meantIme until the market for a mixed use TaD VIllage emerges.
Landowners who attended the Planmng CommiSSIOn hearing voiced oppositIOn to the Plan. Staffhas
met with these owners m an effort to clanfy what the Plan IS and Isn't. Addlhonallanguage has been
mcluded m the document to clanfy the Issues raised by the owners. Major pomts follow The Plan IS
an adVISOry document settmg a VISIOn and polIcies for future development. It IS Important to have thiS
Plan m place pnor to RTD startmg the EIS process so that the City and landowners create the vIsion
rather than havmg somethmg different assumed m the EIS process. EXlstmg zonmg and entItlements
will not change upon adoptIOn ofthe Plan, Zomng changes Will only be consIdered when requested by
owners or future developers, Roads will not be constructed untl I the area redevelops. Developers will
need to pay for the mfrastructure needed to serve future development. Because of these costs,
mcreases III denSIty are needed. Some ofthe eXIstmg problems, most notably dram age and blockage
of Ward Road by freIght trams, do not have immediate solutIOns, but It IS noted m the Plan that the
CIty should start addressmg these Issues WIth the appropnate agenCIes. The Plan's goals and polICies
should be re-evaluated m five years or IfRTD plans change.
-
AL TERNA TIVES CONSIDERED:
Several alternatIve land use scenarios were mvestlgated dunng the public workshops.
FINANCIAL IMPACT:
There IS no finanCIal impact to the CIty as a result of adoptmg the plan.
RECOMMENDED MOTIONS:
"I move to adopt Resolution 30-2006, a resolutIOn adoptmg the Northwest Subarea Plan."
Or,
"I move to contmue the pubhc heanng concernmg the Northwest Subarea Plan m order for staff to
meet wIth landowners to address their concerns."
Or,
"I move to contmue the publIc heanng concernmg the Northwest Subarea Plan and to schedule the
Plan as a study sessIOn Item at the earlIest possible date."
Report Prepared by: Alan WhIte
Reviewed by:
Attachments:
1 Northwest Subarea Plan
2. Plannmg CommIssIOn Memo
3. Planmng CommIssIOn ResolutIOn
4 ResolutIOn No 30-2006
-
Request for City Council "ction-report form
"1 move to contmue the publIc hearIng concemmg the Northwest Subarea Plan and to schedule the
Plan as a study seSSlOn Item at the earhest possible date"
Report Prepared by" Alan WhIte
Reviewed by:
Attachments:
1. Northwest Subarea Plan
2 Plannmg CommlsslOn Memo
3. Plannmg CommisslOn ResolutlOn
4. ResolutlOn No -2006
Request for City Council Action-report [ann
(
(
WHEAT RIDGE NORTHWEST SUB.AREA PLAN
DRAFT
NORTHWEST SUBAREA PLAN
>
~
~
>
(j
==
~
~
Z
~
~
WHEAT RIDGE, COLORADO
WINSTON
w
ASSOCIATES
For more information please contact:
Paul Glasgow, Winston Associates
303-440-9200
pau I@winstonassociates,com
Sally Payne, City of Wheat Ridge Department of Community Development
303-235-2852
spayne@ci,wheatridge,co,us
WINSTON ASSOCIATES
4696 Broadway, Boulder CO 80304 (P) 303.440,9200 (F) 303449,6911 www.winstonassociates.com
..".AT "nG'. NO'f""'.'" ,Gfi.AR.A pLAN
\
i~BLE Of CONiENiS
I ABLE Or CON1EN1S,.. ..' ,....' ,.....
," ,,- .' ., ,., ..,,"
," ....... ," ...' ," ..' ,...... ,,,
", ..."............. ,.'
, ,..2
,., .... ",- ", "..
,..,.. ," ..... ........... ,.......... ," .
".", ,.... ,........ 3
.4
."...... .,.
,5
.. ". ...' .6
~ ^OLc O~ cIGlJocS ", ", ..' .... ..' ,., ,..'
I/,\D'~ r r "I;. ,..... "., ,..,..' ".
.... .... "..
......... ." "
~1~oOOIJC~IO.' .. .... ....... ...
I,," ,,, ......... ..... ... ...... ... . .. ....
R'O'S ENVIRONMEN' "l IMP AC, S1I< ,EMEN' PROCESS..
PLAN OEVElOl'MEN, PROCESS ......... .. ...... . ..... .
", ..........
.... ,.." ., ......"
.,.. ..." ",
". ,...... ..' ,8
, ......,13
. "..... " ,15
,..' ," .. 19
" ...'
", ., p-' .' ...."....
., .........
. ,., .......
" ", ,...... ,., ...... p'
,.... ....... ".
," ," .. ," " ...." ," ." ....".
,'" ,.......
", ..' ", p" ".... ", ....
EXIS11NG CONO\I\ONS ....' ...'". ..
rIJ1IJRE SIJBAREA C\-IAAAC1ER .
I)..NO IJSE..... .' ....,..,.. ." ,..' ".. ...' '
..' ," ," ,.." ,.... ,..' ," ...... '
", .......
........ . ,...
..", ",
.' ,... ,." . "."
" ,., ....."..
22
,,, 25
." 29
", .... ", ,"
,., .,..,
,......... .
. .... ".
.......," "
", ..., ". ".' ,..."
lRANS\I.., .. ....,..,.
.,-o,..,r::t:IC ., ..' ,.." "
1 ,,/,\rr .....'" ,..,.. ..
COMMUNlTi SERVICES /.NO FACILllIES .... ... ... .... ... ..... .. ..... ........
SUB"RE" GOALS "NO POLICIES . .... .... ... ... ... .... .. . ...... ..... ........ ...
", ..' .. ", ,.'
",. ", ". ,...., ..' ,,'
," .....' ",...... ,,,' ,,33
^C~\O~I S~coS . ..' ". ,..,...' "" ..,..
,,' ,,' -, ...... . ....... ... ... ..... ...... . .. .. ..
," .........,.. ........... ".. ," ,..
2
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
TABLE OF FIGURES
FIGURE 1 THE PLANNING PROCESS USED 3D PLANNING TOOLS ............
FIGURE 2: SITE MAP........... ... ........ .. ........ ..
FIGURE" NORTHWEST SUBAREA ZONING .... ".
FIGURE 4 CURRENT WHEA T RIDGE !AND USE.. .. .... .. '. .....
FIGURE 5 PARCEL OWNERSHIP INDICA TlNG LARGE PARCEL OWNERSHIP AND EASE OF PARCEL ASSEMBl Y
FIGURE 6 RTD GOLOLlNE... ...
FIGURE 7 TRAFFIC COUNTS ........ ..
FIGURE 8. PREFERRED LAND USE MAp ...........
FIGURE 9 PREFERRED OPTION, OBLIQUE VIEW WITH GREEN DOTS INDICATING PEDESTRIAN CIRCULATION
..... ..
.... ., .".
-"''', "'"''
3
." .....
6
............ 7
10
.. 11
12
21
"" 24
27
28
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
INTRODUCTION
In 2004, the City of Wheat Ridge initiated a study on the state of the City in an effort to identify issues facing the community Repositioning Wheat Ridge.
Neighborhood Revitalization Strategy, focused on population and household trends, jobs and retail sales trends, housing market and commercial inventory The
goal of the study was to make recommendations that would restore the City to a community of choice for homeowners and businesses. Wheat Ridge City Council
adopted a resolution accepting the neighborhood revitalization strategy report and adopting its findings and recommendations as guiding principles for subsequent
city-regulated development.
One of the recommendations from Repositioning Wheat Ridge is for the City to undertake subarea planning. The goal of the subarea plans is to focus on the
unique opportunities and challenges facing certain areas of the City The documents are intended to provide broad policy guidance regarding the future
development or redevelopment of the identified subareas. The Northwest Subarea Plan is the first plan to be initiated under the subarea planning process. The
area is generally bounded by 52nd Avenue to the north, Simms and Tabor Streets to the east, 1-70 to the south and Ward Road to the west. Map 1 shows the
boundaries and location of the subarea.
This area is considered a priority since it is the location of the proposed Regional Transportation District (RTD) Gold Line transit station. The RTD is required to
complete an Environmental Impact Statement (EIS) for the Gold Line prior to beginning construction. A number of issues are addressed during the EIS process
including exact station location, station design, parking, etc. The RTD will be looking at any adopted City plans that relate to the subarea when it undertakes the
EIS. Therefore, it is imperative that the City have a plan in place to guide the future implementation of light rail through the City of Wheat Ridge, to ensure quality
design of the transit station and to identify any appropriate mitigation measures.
The potential for a light rail station brings opportunities for development and redevelopment of the area towards transit oriented land uses. This plan does not
change existing allowable uses or zoning designations of land within the subarea. Any rezoning of properties for development or redevelopment would be initiated
by property owners or developers, not the City Any decisions regarding development or redevelopment are the responsibility of the property owners or property
owners working with interested developers. Many opportunities for development require consideration of improvements to infrastructure in the area. Development
opportunities require planning initiatives, and activities associated with road system design, utility integration, storm water management and traffic mitigation. This
Plan does not address all possible issues related to potential development or redevelopment of the subarea. The City will work with outside agencies, such as the
Colorado Department of Transportation (CDOT), Urban Drainage and Flood Control and Burlington Northern/Santa Fe Railroad (BNSF) to discuss issues
identified through the planning process and as any development for the area is considered. The goals and policies found in this document provide broad guidance
to City officials, City staff, RTD and any interested parties regarding future land use decisions in the area. The Plan and its goals and policies will be re-evaluated
as circumstances arise in the future, such as completion of the RTD's EIS.
The goal is that the plan will be adopted as an amendment to the January 2000 City of Wheat Ridge Comprehensive Plan. The Northwest Subarea Plan will super
cede the Comprehensive Plan.
4
(
",,,EAT RIDGC NORTH"".,T SUR-AREA >,_AN
(
R1D'S ElI~IROllIAE1I1~L \IAP~C1 S1~1EIAE1I1 PROCESS
. . . I' d ;h . " ciS . W e"m'" pOSsible "",RI"e "v'ronmental ,"""" ,rIor .. bUlldln' R
?J~:';;~~~:;;~~lE~~i~;;:t;E:~~~;~~~E~r~~;:~~d~~~~
~~u":~ ge""aI~ ,,\<OS "'" W ""ee years. ;he Gold Une ciS 's soheduled" bell"" 2001 ,,~ """,."on 01 "'" ,TO!"''' 20".
,,,,' R'O Is "'" dec,lon ma,1ng body lor ciS lsSu" ;he R'O "'." be 100"'" W "'" C'~ o' Wheal R'dge lor 'u~- ""ile de"lOpn, Ibe cIS. '''' No""....sl
Suwea p.n Is an """"" dOCUmenl "al shou~ be 000$"'100 " "'" cIS ,rocess. .
!oS art o' "'" cIS ,roceSS, lbe lederal ,o"mmenl ratlU'res IbalR number o' l,su." be addressed. The 10110"'''' Is a $Umma~ o. "'" ~'" o. ",ues thallbe R'O
""i ,;,dress in "'" EIS pocess. lhe CI<i ~ """" R\rlge m'Oj add """s \0 the ,", " ,an oil" ciS -'" P""""
. SOC\oTlconorriC, communil'/ and ",,\\bOmood e"'c~ "",udln. en~ronmental iusll'"
. potential businesS and utility relocations;
. Ad,aceol and """'" schOO~ and "'" acoes', ",ress and s~e~ 0' ch\~ran,
. polen.al no'" and vibratiOn ,fle'" \0 ,;,~"nl .end us'"
. pedestr'" sale~ ' """,laM al l.hI rail s.eel ~o$s,"'s;
. pOlen",1 air qua''Oj ""'" al ",.on .ceIloo$ and croSS ,...~,
. parKing, traffIC, and salety 01 station locations',
. un"gas _n \he [~hI ra" '" and nea"" desU".oO$la.ractloO$ and o"",r 'u~\c trans"""." ."ilII'es
. RelationsniP to local and regional planning',
. Potent'" 1m,,'" \0 ....""ds, """,Ia'n, hazardOUS "",te s"", cu,ural rasources and o"",r nalUral and man-made lealUres
5
(
WHEA'f RIDGE NOR'fHWES'f SUB-AREA PLAN
(
PL/>.N DEVELOPMENT PROCESS
f our pu~. mee\\n,s ..re held \n the deve\O\ll"nl o' the North...." !>>",rea
plRn. The ,.' mea'''' wes held on OCtober 19, 2005 and focUS"! on "'"
,m"_ns o' \ne com\n, Ilghl ra" slallon (new"fl\C \0 lbe ~ea, ~e ,orentiO
\or "IIeren' land uses ,uch as oo_rclal and reslrlenllel), ",ncems o'
lanrtowne. 'n Ilre area, and lbe ",bare a ,IRnnl'" process. ;he second
mea'''' wes """ on NO'i_r 29, 2005. 1h1s mealin' reported on issues
raiSed in the '0" mee'''' (IraIf< ci~ulation, drain"", IOn" lerm uses verse
\n,erlm uses) and a 'u~. deslgo session lOT '''' ~ea was ",Id. 1\re Iblrd
mee'''' was neld 00 Janua~ 24, 2006. assed on issUes and 'n,uI .rom ~e 're'
"'" mealin'S, 2 land use option "aOS ..ra deVelOped and ,resented aI lire
"ird _un'. aesed on .eedbec, \tOTO "'" Iblrd meali"', a Prelerred ,"nd use
Ma' wes de"loped .hlch '" presen'ed in this document A lOurth mee'''' was
neld on Ap" 1a, 200' aI """" time "'" pelerred allema'" and goals and
""ie'" ....re re,-' 1h1s document inoorporaieS suggestions and
comments trom that meeting.
Allende" aI "",se meedn,s locluded Wheal Ridge and AN3da c'" ,Ianne.,
Wheal Rlrl,e pub'" Wortrs Depertment, varIOUS clll"ns, Jellerson coun~
,~n".' ~e neIg\\bOi'''' iurisd\cllons, R'D, and the CO'oradO Depertmenlol
Iransportatlon (COOl).
Figure 1', The planning process used 30 planning tools
o,*""es diSCUssed " me No"""" Suberea """,n,' can be summar\1-ed inlO lWe main calegorieS'
. 'n.oduc\'" ~,d uses ~al "'" alloW """'" 0.". .. lR" ",,,,tage of me new \\,hI rei' 'lR,\on
2. ImplO'i'n, circulatiOn in "'" sub-area (including au\o, \)US and pe<leslrian)
3. resolving drainage problems
4 .,,\\1'/'''' \ne inlended c\tlTr""r o' "'" suberea, 10 'U'" future bu'~I'" ,.cem'" and deslg'
5. crealin9 a means lOr e'sII'" uses \0 ",nlinue and "",e a smooth transitIOn 10 ~e new "an
6
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
-_..... .~
CSubarl!li BOIDIdu)'
E!I "V ani Road Stop
GoIdJine Tncks
r ~ pedestriaDInfluence 1/4 mile
r. -, Eca1cmk Influence 1/2 mile
Influenced Paxcels
Figure 2: Site Map
7
(
e.X\S1'\NG CONO\i\ONS
O~\5r: .\ d t ' UseS no"" o. \he"""s ara dls1incli'i "",rent 'rom uses so"'" ol
A m,,,"and uses ,,;'" \n "'" suberaa. ,he subRTlla .,lsectr>d by ""'""' c ra' roa rac.s
the tracKS.
.' . s red""''''''' \n "'" subarea so"'" o. "'" .ackS, _"" _ ratail uses a""" ward Road. The ,,,,,,,In ",," Nur,'n,
~~:~u~:,~~~':s~r:,,~e,~:r ~.eet. ''''' I_'~ toeai'd allbe"~ sou~ end ~ "'" suwea, one Is ,"",,,Iy ,.ned and"'" olbeT "owned by
the Citj 0' p..rJada.
N "" o. "'" BNSf .",s at0n9 Wa'" Road are a ,as sta\iOn, au~rnob" ",air es<ab\lshmenls, and a 'umber ya"'. ,be JoI~ ",,,,,,,r candY ~~, ~ ""n
o . . Ib "Tn pOT1Ion o' thai "reel Boatand RV s\ora<J' and olI\.cel..rehOuse uses QCCuOY mUC 0 e
~::~:,;.:o:~~'::' :.:r:::;: ~':n::: "ar 'abr>l Straet. A res",n"" neighbOrhood oonsls'''' o' sin,le and _tamlly hOmes" toeai'd easl
o' 'abOr Street and an al"ca tarm Is \OCll"'" \0 "'" """.
1h . . '" suwea Is leSS m"ed ",an the currentland uses m"htlndlca'O' "",10' ~esuwea " zoned \or ,ndus.\alUses, e"""r ",ro09"9'" 'nduslrl"
10~i~~{\:~~~{\{\:d in1dustrwiald 5'2:~=:' ~;~as~ :~':ua;:n~:a:,:,:,:::,~ ~;;:~;~ \;g~Zu:;~:i";: :":'::~~~::\he
zon'" ,"" "ree .on' , .' I' d' I tt d . Ie lamil" subdi'iiSion
"""s'IS zoned Residenua\.2 ,ne .Ioa'" .arm QCCu,1es IRnd ~a". zoned Res"'''''' "an ,,' ae as a .n,' .
F\guras 3, , and 5 bel" s""" e""n9 zoning, e~"'" \and use and ,ro"'" o.mels1i i, In "'" sube""
~HF.;.'r RlDGV. NORnl",F.,T ",,-AREA PL,N
(
\
8
(
WllEAT RIDGE NORTllWEST SUB-AREA PLAN
~
~
-----
APache Steel on 50th
Looking north lrom tracks to old JolI'1rancher building
EXIS1'ING CONOI1'IONS
Wheat Ridge Center small bUsiness store lront
Jol\>J Rancher trailer, still present
PhilliP; gas station, 52 ;;;d Ward Road
Leases are open \llroughout area
Industrial Character
9
(
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
~"'"
'I l~';\...._ i:
Figure 3: Northwest Subarea Zoning
10
(
\
",,,EA" "UG" NO,'H"'''' SC."oEA pLA~
current \.and use Map
\.and use c\ass,!ieatiOn
.. parKS ard Operl ~pace
ill commerCia'
o Oitce
.. IrldUStr,al . . .
.. Residential Care facilitieS
t:) Single arid ":'1'10 fami\'i Residentia',
Q 'Jacant
D ,l\gncw\tura'
figure 4: current Wheat Ridge I.and Use
"
\
~
\} :wO 600 ftoet
J~
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
Parcel Ownershi
Figure 5: Parcel ownership indicating large parcel ownership and ease of parcel assembly
12
(
fU1URE SUB~RE~ C\l~R~C1ER
'''' """",,, o' a subaraa o' the CI<i 's def,ner\ by ""at II 100" r,,, an.d ~o: ~::':"e~':;: :'::;~:':' :=;~:~~:,~J: ~~~:d a~~,
natural and bUiltl :nlJi(Onndm~~~~~~ ~~;a~:e i~~~9' :,~: :~~, ,::,;~:. :alUra' ,ageIRtion, "anclRl -"'" design qual\\j, ,Ie"" and ,islaS, ,est cultUral
....ter courses, ",es a ' ' , , d I t \ tn' PI had to do with character
trad"'"'s, and deS"n lead"""" ....ny 01 ~e concem"""SSed duri'" ~e e,eoomen 0 · an
S b h "'" potential w beCOme a rnI,ed-use ~illa,e" _"" a sl~h \\j urnan character "ar ~e transit station, ,radua\l'i trans\\iOning \0 a more
lhe NorthW:st ~ area, ea:.ends ou''''ard to ~e no"" and ea~ \0 blend _I\h '''' ei.u'" subUrban cna""I" o. ,;,\",nt ne"hbOThOodS. 'n"'" cora area near "'"
suburban c\ ,arac,er as" x,'"
transit station is enlJisioned.
. 8ul~In'S ,;,\",nt \0 a _'" s\d",a''', ",th pa~'n, \oceled w"'" raat and s'" of "'" bU,~'n,
. SidewalKS with street trees to prolJide shade. .
. 8ui~IngS ""led \0 ,,,,,,,, continuOUS laC"" alo", a ",.eet (nu s""yard se\beC')
. On"",'" pa"''' par"ng \0 ,rO'''' coovenleoce \or drOf> m cuslome~ .
. on o. lbe roood \\OOl..IIsshOU~ be ",nd"'S (e.g G5% transparenC'/) \0 a"'" .or m\o" 0"" and cummeroal uses.. .
.. ~~:r;~ns\rUcled' o. malena' thaI nave a pedes",an Interest and sea' (bI'C', conc""" ~OC" "",d ,\dl"" etc.) and "md ,ndUS"RI strUClures (\\II'
u, ",ocrale, etc) .
. S"",a" '~hlin' by pades",a,,,cale ,Inures or f'<\U "s mounted on the bur~''''s. . .
. V' ed bUild'''' "'~"" and s\e?-l>acI<s In hOrizontal ,a" ("old bUlldln,S o' 0" "",Ie ",.hl, and \0"', un"tellU,1ed .all ,te"s)
. C:eslonRi _~ and o~" archllecteral """res thai ",",,,e an \denti~ \0 the area
. Small, ,haded ~"es and ,1IIi'" areas lor ,,""'\an ",mtort
G I d I'des IOUn"n "'" Suba"a GORis and pol\Cj Section - de'le'oped \0 a~ ~e CI<i, " reS,den', and .. bU,~e~ In "'" 101.""" "'"
OR ~ an e::r""", a un~ue character \or ~e subaraa as "'" end<ll,the'"'' I~h\ra~' SIR,,,.\or "'" R'D Gold une
. ,nsurlngthalCo_tclal, l~hI 'ndUS"''' and reslrl"tial uses reMct "'" C,~ s ",nun,,,,,,t \0 qual'~
. "surin, an ,;,equate belan" be,,,,,en the buill and ,,\oral ,,'ironment .
. ma""l "'" _toomen' and rade""""","t more ''''''''' \0 the "destnan
The p,,'erred \,and U'" ...., can be \ound on page 21
sam'''' o. "'" de"'" des~o .or 'u\ore deve""",nt are sh...n bel'"
",gEA' RIDG" NOR'''''''.s' "",."EA ,LAN
\
\
r~
, r
Streetscape, wide sidewalks
Streetscape, trees. parallel parking, wide sidewalks
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
Desired character
Emphasis or call out on pedestri~n crossing
Townhouse density 15 units per acre
Mixed use
14
':;./ )
Condo/ apartment density 22 units per acre
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
LAND USE
RTD has selected a location on the north side of the railroad tracks near Ward Road to be a light rail station, the end-of-the-line station for the Gold Line that
extends from downtown Denver The Gold Line will allow people to get downtown in approximately 15 minutes. It has been typical to assume that the light rail will
transport workers from their homes in the suburbs to work destinations in the metro area. However, it may also encourage a reverse commute. That is, the Wheat
Ridge light rail station could attract businesses that would employ workers that live in downtown Denver Figure 6 shows the proposed RTD Gold Line route and
the proposed station location in Wheat Ridge.
The development of the light rail station is still approximately 10 years away, with a number of environmental and planning studies to be accomplished in the
interim. However, the potential for a light rail station brings an opportunity for new, transit-oriented land uses to this area. Success stories from other transit-
oriented developments around Denver and other cities in the U.S. show that they tend to attract mixed-use development that consists of a mix of retail, office and
residential development that takes advantage of convenient transit as well as the large numbers of people that pass through the area to take the train. Transit
stops also become a "gateway" for the City, since they convey to transit riders an impression about the City Thus, the light rail station is an opportunity for land
owners to take advantage of higher-intensity uses than are currently zoned in the area, and an opportunity for the City to create a quality development image.
Since the proposed light rail development is still several years away, existing businesses must be able to operate with minimal inconvenience, and even expand.
However, because of potential future benefits to all of the land owners in the area, it is also important that any new construction in the area not be allowed to
preclude the ultimate development objectives. How can these two potentially conflicting objectives be resolved? The public meeting discussion created several
simple "ground rules" that, if followed by everyone, would allow on-going use, and expansion, of existing businesses without compromising the future potential of
the subarea. Policies for addressing interim uses are included in the Subarea Goals and Policies Section of the Plan.
The area north of the light rail line has the largest amount of vacant land and is therefore the area with the most potential for development. Commercial and office
development (mixed use) here will not only take advantage of the traffic associated with the light rail and Park 'n Ride, but also will serve the extensive office
development on Ward Road and the existing and future residential development north and east of the subarea.
The Preferred Land Use Map focuses on providing mixed use, commercial/office use closest to the light rail station, and office/residential uses extending outward
Higher density residential uses are encouraged nearest the light rail station, transitioning eastward with less and less dense residential uses that blend gradually
with the existing duplex and single-family development east of Tabor Street. The new residential uses will provide additional patrons for the commercial
development. On the west side of the subarea, fronting on Ward Road, car-oriented commercial development is proposed.
South of the tracks, commercial development is proposed along Ward Road, but the rest of the southern area is envisioned as infill with officellight manufacturing
land uses.
The proposed land uses for the area are intended to support and take advantage of transit. Ideally the land uses would be consistent with the following concepts:
· Density - All land uses densities should increase in density as they approach the future RTD station location. This is particularly the case wl1h residential
densities.
15
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
. Pedestrian Environment _ Future land use must encourage active, safe, and walk-able streets (i.e. retail frontages which encourage pedestrian activity).
. Reduce automobile dependency _ A mix of land uses including residential, commercial and employment will reduce dependency on the automobile.
. Parking -To reduce overall parking future land use should take advantage of shared parking concepts. In general a 25-50 percent reduction in parking is
recommended. Parking should not be tied to building type and not land use.
. Timeless reusable buildings _ To allow the transition between various uses buildings should be designed to accommodate all uses.
1. Generall Auto. commercial.
LOCATION: General/Auto commercial is located on Ward Road.
USE: This use is intended to primarily serve the traffic along Ward Road. Uses in this area can include auto-oriented commercial towards
impulse shopping. Restaurant pad sites will be encouraged including walk-in restaurant sites. Retail should be restricted to a 40,000 square foot
maximum.
PARKING: Parking should be located in the rear of buildings and accessed through alleys. In all cases parking surfaces should be reduced as
much as possible.
LANDSCAPE: The area along Ward Road should be landscaped at least 10 feet from the right of way
2. light industrial
LOCATION: This area is north of the railroad tracks between the GenerallAuto-commerciallocated on Ward Road.
USE: Permits commercial and light industrial uses.
BUILDINGS: Buildings should be designed as timeless transitional buildings. The goal is to create buildings which enhance the pedestrian
environment and allow transition amongst uses, so that one day a paint store could become a restaurant. In all cases, around 60% of the
ground floor should be transparent, the buildings should be pushed to the streets with a zero setback and the first floor heights should be around
12 feet.
PARKING: Parking should be located in the rear of buildings and accessed through alleys. In all cases parking surfaces should be reduced as
much as possible.
16
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
3. LoW density residential
lOCA1\ON' All 01 Ibe "ngle faml~ res."tial land use is either 'onllng on or ea. 01 'abOr on Ibe north side of the "lIroad tracks
USE AND DENSm, "'" S'ng\e familY"'" develo,ooml inClodln, single famIlY homes, ai\hOu,h \Own homes ere allowerl. Low dens'Oj
residential is restricted to a minimum density of 3 to 5 units to the acre.
pARKING' Pal<ing should be looale<! in Ibe reer o. bu>llngs and accessed thmu,h alleys wh" pos'ible Fronl loaded ,~ages shoUld be
'vo~ed. In all oases p,,,,'n, sori'cas slrould be reduoerl es mueh " possible
4. Medium. high density residential
lOCA 1IDN' All medlum,h~h densl~ residential "".0_' . locale<! no"" 01 the ",'road lrae" and be""'" th. low dens'" deve\opmenl
and the transit oriented core.
USE AND DENSm, Town homes, condominiums, a,,_n~ and slmll~ dwell'" units \hal ara ""re compact or have a h~her ",ns'" o.
developm'" ~an Ibe s"nda'" single faml~ homes are allowed. Dens''''' must be ,rea\er fuan B \0 " un" 10 fue acre
BU.lDINGS, BulWng' shoU~ be designed" "me leSS trans"ional building'. ,he goa' Is 10 ereale buildings ""'''' enhance Ibe ,edeslrlan
",ironmenl ,nd allow transition amongsl uses In all """, ,round 60% of "'" ,round BOO' should be trans"rao', the bu'~lngs should be
,"shed \0 ~e streets w"h a ,.m selb"" and the 'ml IIoOr he~h~ shou~ be around 12 lee\.
PARKING' pa<klng sho'~ be localed In me rea< ~ buildings anrlaccessed Ibrou,h alleys. In all cases "",'n, surfaces should be raduced "
much as possible.
5. Mixed use
lDCA liON' 's _ 'n \he trans" ohenled core, balWeen West 50' ,lace and 52 Avenue
USE AND OENS'1'Y' !oS the demand \0, re"II should de'e\Op over 'me buildings must be con- .. ,Ilow lor the .an"'on \0 re"lI. Btocl<
ironta,es shoulo he """led by ",destrlan """red busl"sses, ,ralerablY ,mall re,,1I end boutktue shons
Mi"'" use indudes h~her denS'Oj housing ~"', such as ,pa_nts and conrlomlnlums, 10 coniUncI\on with oomme~\al and 0"",
development, prater""y over retail developmenl, 10 order \0 Incraase hous'" opoortuni\ieS, reduce depend"ce on "'" su\omoblle, and ,ro,'de
a pede.'an ,rese"" In oomme~\a' are""'" ml"'" use area will,llow live,""" arrangem"~, whare \he dwel\\n, 00" Is alSO a plac<> o.
business.
17
{
1he minimum reSiden'al density' i3 d...."ng un'~ per acre. Dens\\ies abTWe 20 uoo; W ~e "ra ratlu're undeTllround m .ructured paMng
WllEA1' RIDGE NOR1'llWES1' SUB-AREA PLAN
(
Retail should be restricted to a 20,000 Square loot maximum.
BUILD'''''S' Bu,"'n,S shOuld be desi9"d" 'me'SS transitional bUildingS. ;he goal. \0 ore'" bU,~,ngs "".h "hance \he pades..an
",'ron",nt and aI\o' trans"on amongst uses, so thaI one day a paint store cou" become a restaurant. In all oases, around 60% 01 t'"
,round "",r shOU~ be transp~"L lbe bUildings shOU~ be ,"shed \0 "'" -~ """ a "ro se""" and the '''' \\OOr ""''" should be ~ound
Uleet.
pfo.Rl<I"'" Pa~lng shOuld be """" 'n \he ra~ o' bu,~\ngs and acOUssed \hrough aile'!'. 'n all oases paM" surtaoes shOuld be reduced es
much as possible.
6. Office/Light industria\
LOC-'ION' ,,. araa Is ,rlm~lIy south 01 "'" It,,", be'"'' "'" Genera",-rl"'" comme"'" "",tad on waro Ro';'.
USE: Permits office and light industrial uses.
BU'LD'NGS' Bu'~\n's shOuld be desig"d es ,,,,,ss ,.nsmon. bUildingS. ,,. goa' Is \0 orea" bu'~lngs """" enhance ~e ,edestion
,,~ronrnent and altov< trans"'" amongst uses, so tha' 0" day a pa\n\S\ore could beCOme a restaurant. In all oases, around 61l% o. "'"
ground "",r should be ,.nsp~"L the buildings shoo~ be ,US"" \0 "'" _~ .I~ a "ro sell"" and the '''' \\OOr he"'" shOu" be around
'2Ieet.
p.Rt<l"" -o""n, in all -' should be looa'ed 'n \he rear o. bUMI'gs and aoeessed throu,h al'YS. In all -' pa~ln, surtaoes shou" be
reduced as much as possible.
'8
\
~H",' RInG" NO"""''-'' suo-"" pLAN
(
1R~NS\1
ause' .' cent to "'" cUrrent ,ci,hI """, on "" north s,,, o. "'" e .st\olJ v,,\<S.. 'he
:hle~no:~'=::;~~o~'::;~~: ~:' ~::;~r;0!~::\~~~ ~;s,::;'''J:r.::t~be.i:;:;~~..;:~~~t:~1
retoea\' "'" "~,n,,,,e \oC'\\j 'rom lis current 1_101'Nard ~'Id ~c~ :01: 'ro" DeOVer \0 >N",aI ",dge .IIh ,II slRIIon loCations.
e~ .. ~earea. F~ure 6 belo< s_ "'" ""pOSe 0 " .
shOO? . . the """"no' ,r<ing Iols. par<ingcould "oNe over "me \rOm
The C\\j shOU~ cO"nue \0 "'~ .,~ RlO and .nd_~ \0 re';:' th~:~na:~:'~:;" lees,ng coo~ ,~'ud' spaces " """"res d"clOoed or hO" by
sur\ace \ols \0 s\Tuctured ,ar<in,. R1D can "qu>ra ~nd or ,ar ,ng,
others with othet uses on the gtound 1I00t.
, C ecIi'" . \ "sure ~aI efleclive cO",,\IOns be,.er" ""'" are
;,~~:;~n' C:;:~ as the "",irian ",me"'~ "'u",,er re;n"', "" :'e,~::~:.::';:;::;;' ~ a pedestrian connecllon \0 connect th. transit .,,'I\~ \0
,b sated and >Na~ RO';' " "'" ,ro"nu~ 0 as '
establiShed. Between a or I" Ib ~ \he """. ~" ooo~ e\\hllr be a tun"I or an """as'
the cornrnetClal/l\ght \ndustna to ",e sou '
. . . . d lbe """'" ,a~ 'n ,de Includin, ,,~,ng cOnsiderations In ~Is
~~':'s'lnna", thal"I\"~ \0 need 600 _ BOO toI"cerl<in, s"{ \or "'" ,,:~~::.a~ use Ma' ,,,,,,,,,,s 00'''''''' \oCR\IOns \or ,,~\n', SOme o' Ib~
,Ian .,,, be e-~ 'moorlant \0 R'D """ ,Ian"ng "dO"d or th: ~r:;. some ~ ~e cer<ing so thaI vans" "trons ."...t< "" s\ores on th,,,....Y w an
,,~,ng Is loCa"" ,;,~cent \0 \he slll\\r" ",,,,,,er, "",ra ", es,ra 0 0 . . .
.rom ,,"''''' each dRY .' a be an cO"",,,,on o' Ib'" araes or o"",r .""ar ,raes, >Nh'~
Por<ing "","",,' ,,,,,..,,,, on "'" pre\etred LRnd use "':' ara .~""'~~~::",:~ :, :""''''Y tt"'\SO pOSsible thallbe ,.~ing cou~ be dO",be"" or
"'" \n~" ce~,ng \OIS ",,, be su- lOis, "",,, Iols cOul ,ran..n'
OOct<el ce",ng located throughoul the ",,,d use deve\oP""'1. . ' dlslrlcl or bUsI"SS ,,,pove""'" dlstr\Ct In the area. Each .and
'0 ,(O'I~e a "ore coo~i""" ."",,,h t? "",n" "~ o:e~ ~n.:':;':~~~I~:::~t:~'" distr'" ",uld th" cOnstruct cOnsol\d"'" lois, or strUctUres,
er cOuld cOn"''''~ W the ,,~\n' d,,\acl "ste';' 0 bU' ,ng "
.n . '" ·
In th"OOsl cOov"""tlOCa..ns. . . . "'" C\ " a~,ng ratlu,ra""nts. In ord" \0 ra""eon-straet" ", or
,::;:'.: \~~ ;~~:.::' ~~ :;:~::~~~;:~~~~~~~ :;: t~:,,~ora~~::::;:~~ ::':;~1. i';,~ c;~f,g:~
RdiUS~d \0 ma,e sura it " 'ully u",7.€<l. 1h" """ ,we cOnsume~ e a "
~9
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
could manage the parking and use any fees received for such uses as: maintain the streetscape, assist in the purchase of amenities, pay for signage and
eventually help transition into a parking structure.
20
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
Figure 6: RTD Goldline
21
\R~ff\C
.' d d' ~e "'~. _tin" he~ in deve"p"ent ~ ~Is plan ,he subarea" ,,_at
:~~:a:~c:;' .:: ,::~;7: =a~'::: ::d e;:;:'.:~and circulatOn ~ and 'om ~e I~hI rail stallon are compounded by lire ,re"""" o.
the BNSF "",hi "lIroad """ "",en, ~e area. Other .sues "",\red dunn' "'" "ann'" ,rocess md""'. ,
. IUlUre "",rovemen" \j) roadWay' adi"'nl wand seN;ng "'" su\\area, pnnan~ Ward Ro';', 5~' ,venue and 50 Place
. Blocl<.age 01 Ward Road by Ireight trains
. II1Wro'Jed pedestrian and bicycle saletv ..'
. I<COmmoda,ng "" "","' ,'roula\\ng W ~e ",posed l~hI ra" _n
. 1he cha"",rol th"treetls es ;m"""nt as '" IUnr;Iion.
"'H>,A' .,DGE NORTllW"" ,u"^"" PL,N
(
E>lerna' ,,,es' . '" cirou"tiOn convenient and as direct as pOSsible. While ,'" I~hI rail \s beln, planned \or a
~~~~~~f~t~~]~?'~l:}~f~~~t~~EIij~~~~;~!g~~j1
onlY ,~nallzed InleT"'tiO" and ~us lbe onlY .",ons thai "II "raat left IUrns .rom or \0 Ward Rned.. . '
,he orilY current eastern access \0 ~e sub-'rea ",Ia Ridge RO';' ,.,cond eas"",rd acons,' poposed ,. a ",posed 50' ,venue ~aI vrould connecl nem
,a\lOr W ~"",. In "'" ?ra."ed Land use \;\all, 50' ,venue connec" th,,"oTln area W ~,'mg Street .
F"'" "'" south, In add''''' \j) ward "",;" ,.W street "'" alsO be an Importanl oonnector \I .111 .",'lde a direct, non,Ward Road connecl\on \0 '" ' ,venue
(over ,,70\ \I "," a'so ,rovlde con"cIions .. "'" """ 50' ,venue connectiOn eas"",rd and ~e ..sling '''' ,venue con"coTln "",,,,,,rd
~1d~?C::~: ~~;:;~ 7J~;~;:"::'~r~:'~:~~~: :;:m:~:: ::n~ :'~~o.:'';o: ::;~~" :;: ~~:;~;:':~::.:
re<lulred \0 ",,~e "'" addlllonal righCO '-VIR'i \or ~Is "",en'" " add''''''''' ",hI'oI-VIR'i · needed. . .'
, ,rade,seoara'ed crnssin, o' "'" BNSF .acl" ",th Ward Road " "",mmended \j) be oonswcled 'n "'" lulUre. ,,. C,~ shOU~ vrort< ..~ "'" ",'ro';' and the
State in planning lor this imprO'Jement
22
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
Internal AccesS
currenlly ~ere are 'e. stree~ 'n the northern part o' the "barea. Clrouo"" \0 ,,,,,ma' bu'~ln,s 's 0"'" ~rough ,arid" .t ""wa,s ,he obiec''''' \or 'nrem,'
circulation In "'" "baraa is \0 Increase ~e number o' roads, especta"y nor\h-SOU~ ronnections, \0 ,ro~de mu"'" routes tor bu,;nesses, resldenls and trans'
use~ \0 reaoh Ibelr desnnatlons and avo" fun,,'n, tra'. on a lew roads.'''' obi""" Is 10 create a ',rid' 0\ str"~ ~al Incraase the cho<e 0\ roures (and
"",,,, mora fron_ \0, bUS'''sses) ,he pralerred land Use ...., ,roposes \0 ralOcale ~e 'ahor Stree' railroad cmosing" ~e ""t \0 a""w 50' Avenue to
\om no""warrl arid connect \0 52" Avenue. "atw "",,,ms 49' Avenue westward Irom Ward Roa<l 10 'ahor Street. This would pro,"e another ri,hI,ln/oul-On~
In_Io' aI Ward, but would Increase ronnectM~ o. the soU.hem part 0\ "'" sub-area
On ~e preferrad la,d USe Map, aI the ....slem end of 52nd Avenue, a lane would be added (lOt. o. 3 o"s), \0 accommodale "'" an'cI,aled addmona' traff".
'''' roorn for ~'s "'den1n9 may be ob"lned by ..on, ad"n",e 0\ ~e ,,'s'n, \5' '.l,ation d\\Ch easement (e,lng the l.l,.tIo' <<\oh). 1he strae~ In the
suberea w\ll need \0 _, Whea' R",e road class,,,,tion standards, wh.h can be \ound In ~e Ne~hbumood 'raffic Mana,em"t pro,rarn (N'MP) adooted
June 3, 1997
The exact Idcatlo' 01 new roads or ~e possible raall,n""nl of ,,\sling roads Is uncertaln at this ,me. 1he determlnatlo' ~ new road locations and the
rons\TUC"" 0\ any roads would mosl ""~ be do" by de"lOpe~ worl<fn, w"" "'" current ,rope'" O."ffi
Pedestrian and Bicycle Circulation
Develop""nt " "'" area should cater \0 pe<leslrian and bfC'jcle use~, "'" new res""" as well es Ibe e,;s'ng ras~"\s ~at su,round "'" area 1h. goal is \0
cra"'" a sale and ,""tin, p<ace tor the pedesUians and b<ycllsts and \0 ._rage area res""ceslem,IoYees \0 we" \0 ~e trans' sta\Ion and o~er rommun'"
f""IieS. '0 accomplish thls, anumbero' _"s/tralls ara planned, along ",m the s"ewall<s thaI "''' accon',any ~e ",posed roads. , ou;or trail Is ,roposed
aldng 52" Avenue \0 accommodale yOUng people we"'" and bfong \0 ~e ""'01 """ o. Ward Road. , pe<lesir.n connecl\on is atw en'isloned .t ~e east erid
of 52" ,,,nu' \0 allow wa"in' arid b"e _ss \0 the subarea _ the maior ". de".pm"t planned " 'Nada no""east 01 the subarea Ideal~, a
pe<lesIrian connec\lOO over 1,10 on 'abu' SIr'" \0 Clea' creek would oonnecl ~. subarea W ~e Clear Cree' ,_bell. ,his cou~ be accomplished w"~
ImPro"m,,' \0 me "bur SIr"t arid 1,10 Iron\age ro';' 'n\e"'ctIo' arid the 'abu' Stra.t 1,70 overpass
landscape<l and wel\,l~h<ed wali<S along _' and on bicyCle and pe<leslrian paths are essen'a' \0 pov.'n, a pe<lestrian ,ys\em thaI Is use<l. New
de""""""n' shoo~ pro,'" pedestrian IIn,ages .""'n the de"ldpnentaS we' as \0 ediacent de"Iopnent.
23
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
.; "f
~
~... :
-'. ...-'X . l",~
.
"
_ r
/1 -
I" 4.""
.~
~.
~.~~~;
'II;.;"I
~f- ,
~,
i~J ~
J:'jL r
,.~'~~.,c .
f - .'-
It::.... j-
....... "~,,.
:'. ~ .~.t
",,-"'~-_"!-..1t 1;
J- ~,..,..f ~.:..:;:.~ .
, l'\ l;o .# '-.;y. . ." .
.....' .. \..... ;-" ... ,,~: A
".'" "'. "I~_ '!f;,}.f/(..;:' .
III"~. ;, ...... . ........". ~.
.:: '....."'....... :
.
:i1>!';:~,~ t.~~~'1 ~-- c ,--"t:i"~* I
$l~,t~T,~~ 1l':'~~ ~~;.::... 'j ,-lj If_
/ i
;;:_t' .~
GOLDU;\JE TRACKS
D PEDESTRIA:'-!I:'-!FITDlCE 14 ~IILE
D ECO:'-!mIIC ~'FI.t:E:'-!CEl'2 ~IILE
-'VHIGH\"AYS
/'V CODIT)' ROADS
LOCAL ROADS
0.2
I
0.4 Miles
I
+~ '1201
. . ..~I'
" "~", .
Figure 7: Traffic counts
24
(
WHEAl RIDGE NORTHWEST SUB-AREA PLAN
COMMUNITY SERVICES AND FACILITIES
The following is provided as background information regarding the various government services, roles and responsibilities in the Northwest Subarea. Services in
the subarea are provided by the City and special districts. The City provides police protection, road construction and maintenance, storm sewer construction and
maintenance, park and recreation, and general governmental services for the subarea. Water, sanitary sewer, and fire protection services are provided by special
districts.
Special Districts
Water
Valley Water District provides water service to the area. The district provides the infrastructure and water is delivered to the District by Denver Water Department.
The District must comply with the Denver Water Department's rules and regulations concerning water taps. Developers are required to fund any water system
improvements needed to serve proposed development.
Sanitary Sewer
Fruitdale Sanitation District provides sanitary sewer service to the subarea. The District relies on the Metropolitan Denver Sewage Disposal District Number 1 for
treatment, but maintains its own system of pipes within the district boundaries. Some lines in the District's system may be near capacity and perhaps may need
expansion for large scale development to take place.
Fire Protection
The Arvada Fire Protection District serves the subarea A substation is located just to the north of 52nd Avenue out of the subarea. Redevelopment projects that
occur in the subarea will need to conform to the District's current fire safety codes.
City Services
Police Protection
The City of Wheat Ridge provides police protection to all residents. The City's police force is comprised of patrol, traffic and investigative officers, emergency
specialists, community service officers, and administrative staff
Parks and Open Space
There currently are no City parks or recreation facilities located in the subarea. The nearest Wheat Ridge parks are located south of 1-70. The Van Bibber Creek
Park and Open Space is located approximately 1> mile north on Ward Road in Arvada. Also in Arvada, is the Stenger Sports Complex located on 58th Avenue west
of <p 1\" S tree\. 1he need lor "'''' aod octlve ""eational "ollities In lb. subarea "'" deoend uoon fue amou n\. of res.eotial deve" pm,,' mal OOOUffi ;n \he
subarea. Trails and pedestrian walkways are recognized in this plan as essential elements to a transit oriented development.
25
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
The transit oriented nature of development proposed in the subarea suggests that development will be more urban in nature than in other places in the City This
means that the need for parks and recreation facilities may be met partially by private facilities such as private health and fitness clubs, reducing the need for
public facilities. The standard for park dedication and fees used elsewhere in the City should be modified for the subarea.
The size and type of future park facilities in the subarea should be based on the service levels recommended in the Parks and Recreation Master Plan.
Formation of a special district provides a mechanism to fund the construction and maintenance of park and recreation facilities in the subarea.
Road Infrastructure and Maintenance
The City provides road maintenance and routine repair services in the subarea, including snow removal, sweeping, crack seal and similar maintenance activities.
Repair of existing curb, gutter and sidewalk is accomplished through the City's 6-year capital investment program (CIP). Needed reconstruction projects or major
repairs are programmed in the CIP and are included in the City's annual budget on a priority basis as funds are available.
Other than routine maintenance, no road improvements are scheduled in the subarea in the current Capital Improvement Program.
Under the City's development code, developers are responsible for constructing roads, including curb, gutter, and sidewalk, within and adjacent to new
development. This infrastructure is dedicated to the City for maintenance after a warranty period.
Storm water Drainage
The City maintains the system of pipes and inlets that comprise the stormwater drainage system within the public rights-of-way within the subarea. The subarea is
included in the Urban Drainage and Flood Control District (UDFCD).
The Columbine Basin Drainage Plan, prepared by UDFCD, identifies needed stormwater facilities in the Columbine Basin, in which the subarea is located The
recommendations of the Columbine Basin plan need to be implemented to address the drainage problems that occur in the area during storm events. Addressing
the drainage problems and implementing the Columbine Basin plan will require a cooperative effort between the City and Jefferson County
Due to the magnitude of facilities needed to address the drainage problems, a special district could provide a mechanism for funding these improvements.
UDFCD is also a potential source for funding the improvements.
26
Transit
Oriented
Core
School
Orange
Indicates
External
Access
Ponds
Current RTD
Park & Ride
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
Potential R TD Parking Locations
Arvada ~ Future
Medium and
High Density
Development
with Ridge Road
and 52nd Ave
Pedestrian
Connection
Station
Area &:, Bus
Circulation
Figure 8: Preferred land Use Map
. Traffic light
. Right in/out intersection
. Starion parking
. Medium-high density residential
Low density residential
. Mixed use
. General! Auto commercial
Station Parking Option
. Office/Ught Industrial
. light Industrial
Park/Open space
27
50th A venue
Connection
rfJ'
(
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
Figure 9: Preferred land Use option, oblique view with green dots indicating pedestrian circulation
28
SUB~RE~ GO~LS ~1I0 POLICIES
. . . "" """elS and go"",ment \0 "" an ,,\We role 'n ,ro""09 an ",t"'" and ,,,a,,,nt
Goa" \ Encourage c<t"en" b'''nes', ,ro'"
environment tor an citizens.
. mmuni~ pride and the attractiveness 01 streets.
promote ,tree""''' "har,cemen~ on sub""a sbee~ In or':,~,:~:~::,;" errillonmentand buller ,;,io'n'n, uses .rom "'" ",ae~ o. "K<.
tJee street trees and landsea'''' \0. de." "d_n :;eo:, a '" use 01 ,rade ",,-" ,~ns ma,..'als, and ,,,,,we ....IS
screen and tendseape all n" ,,~,ng ""es ~rough' e e eo'
\\BUlew and re"" ~e sign code. . rac" ~" ,rov'" pedeslJian and blc'i,'e oorntort:
Promo" ,treet 'um,ure and leatures, such " """"'S ~nd b'~; m"rovement ?roie" and ret\ulra ur<ler <jround,ng " any new devetO,ment or
Include under <jrounding o' o"r"'';' u",tres " any '" · roa , ,
rede\le\Opment.
,ntegrale """eelS o' the natural enu,ronment 'nto the bU" ""ronment
.' davelopnent' and redeve",ment poi"'" .'
Ret\u're "'" ?"""\On \or ne~~nd or open ,,ace ,ra~Na,~n,," ";:"t tteeS In ttee ,ratee, ,andscal>'ng "at or 'n ~e pe,eslnan eOVllonmenl
Inand"" "w ten"",In' In\o ~e b'" ""ronment Y '" a ""
and lar,dseaoln9 'n "UOS, ,- and oourl'lard'. '
com"ernent and "",,01> tile CII'/" ,mage and \denI1I'/ thro.gh good urban ",Ign, CII'/ entrl point, and .,aI-" des'9'" and ""
"omo"on ~ the ~SU~ arts. .
. . 'n\rl ",neat Ridge w create a ,treng, \aV<lrable "sua I 'mpess.n and oommo"~
DavelO' ~e No""wesl ~ullarea " , ~~ "':'\:'':::'' monument signs, dlrac\iO^,1 ,~ns, and lan"",?In'
Id"'~ .or pee?" ""nng "'" C'Oj ,SS ou ' . I , m rals and olber wor" o' art. .
Encourage an arts ~09rarn In Ibe suberaa ~aI e"",,,~s ~"< :i,~:;or;:.., 'ut are not IImcod .., melbode which "oourall' ,meleSS
Dave\o? "''''' and ?r,,,.1e u""n d""n standRlds an ,,, e "es
bU,~lngs ",,'en can ttan,\\iOn \0 a vene~ ol uses, ,nclud,ng
I~ "Mng .. "'" rea"nd side ~ the bU'ldlng
Buildings ,hOu~ be ""terl cIO" .. ~e stree ' .. . "w _ .or a wide ,ide'" and street -
, bU,Wng ,,\hac\< o. '" \rl .Z hUm the curl> ~h": ~:: aObuMln, ,,,,,,nt or 00&00 \0 ",nllti "'" .ronl door.
BuM,ngs should have hUnl doors laC'" "'" s rea, ,
\
policies:
\ \
\.2
'\.3
\4
\fl
\6
Goal'. 2
policies:
2.\
2.2
Goal: 3
policies:
3.\
(
",,,EA' R'DGE NOR'"'''''' sn,,'REA .,-,~
3.2
3.3
a)
b)
c)
29
{
Goal', 4
policies:
4~
4.2
4.'3
Goal: 5
policies',
5.~
(
","EA' RIDGE >,o.,,,,,,ES'[ ,C""aEA peA>'
. . d t. ha)Je ^e"ro'rs ,'ndO'll' on "'" 9round \'OUr <os% trans,aranoy) that can ",,,Ioal\y b",ome sM'
d) BUIldIngs are encourage ,0 '"
.'ndO'" or 0"'" tob\iOs. . d b 10 ~,\hey dO not ,raoIude Ibe Iolora devetopnenlO\OIan"'d roads,
e) E""'" bu\ld\ngs are encour..ed \j) rama" andlorle~Ptand' \ t~ praoIude ~e tuture de"to,menl o' ~an"d ro,;,s, a''Ojs or
1\ d th....1' "'. bU,~'n,,,MU~ not be OC" sua
~:~:,:~,;;:\eSs ~e ,;ttueIores ara temOOra~ or cou~ be amorliled 'n ten yeaffi or leSS
Pr<>Vlde the plOI"r 'and uses, dens\tles, d",~"men\ ."'"'s and ,."'ln9 ""..ons \0 ta,e 'ull adVanta9" ol ,ans' 'n the .rea.
. h ,,,, ., tal on bul "".h .\1, also se" loCal bUS-'
''T''''' ,,~,ng .....iI' be cou"n"nt \0" ~ ra" ' '. f . d,,'aI ne~hbOrhcod 'n ~"aslnm OOr\\One' th"ubarea .
pro,~e ,radua' translUons 'n d""~ and ,and use .rom ~e .~.s '( ;~ lor ",,~Iorce hooSln, as ....11 as ,,,,,\des a mar'<et lor lbe """m"c'"
pro'''' ctose'n, attrWi", h~ner dens'~ res",nbe' tha'" roes
de'Je\Opment in the sub-area. .
pro,~e ..to-Ooonted comrnerc"..nd uses on Ward Road. o' ~,,-a\Iro';' u"''' . . .
f'raSet'le "'" """me~'alII~h"nd-' ern<>\O'I",nt conlet south. \I \ ~ bUild\n,S In order \0 create ,\I3I1~ and br'n' "".'" 0""'1
"'. a ,,,\T.w o' uses, ,,,,'odin, residential uses " u",r s\orres 0 mU "s 0
li'Jing within walKing distance 01 each other. .
fnslnr "",ed res",nl.' d"smes and MUS'" ~'"
partl",,,, 'a the de'lelot>""'" ol a .ell,balanoad transoortal'on system \0 move ,..... and 900ds In a sale, """ttiQUs and
economic manner,
Wor'< oooP'ra\\'le~ "'~ ,;,i"",nl jurlsd'cIIons \0 m"e ~e """""te "h\CU.r and """"" connecllons \0 Ibe esta~'''''' tralf<. and
pedesln.n "",or'< racommended "th" Plan.. NSf railroad W ro'''' a 9rade-se,arnterl cross'ng on ward Road.
Wor'< "'~ ~e ColOrado DepeM>"t 01' ransOOnslli" a~d th~ e Ie ci\CUIR'on ~nd """""n ..".'Ojs "at ,,,,,,,, non,motor"ed
Ensure .... all ", de,,\o,ment ,ro""e"ntetna' sua",.a "''' mended _t and pedeS'\I3eee""" . .
con""",ns \0 "'i"",nt ",.IO,ment and ~al ,,\erJ"'" "~, the re';"" d hO\l~ng oPOO"'''\I\eS and h~her dens\\'i res'dent\a' uses """ the
EoSUra th. success o' '" l~hI ra\l sial'" by po""'" emp oym" an ~ t f
subRra" co"""u...- uses "'th\n .a\l<\ng d""."" ~ "; ~~~:,~~ ",,\Is system \j) and """'n"'" suberea "".h 'nte""nnetlS
promote .able transOOnsbon a\temabVes by d"",IoPng a co, d "'~ ,'" s sterns o. adjacent junsn<liOns. .
neighbOrhoodS .Ith shOP,"9, ,a~s and .r",reaCOU, :o~th;"" ,'';. . bus,,.iC\e .ans<er S'jste", ,arY.,o,rlde \oIS, and brC'/cle s\orage W
,... "",sed trans' stellon s\lOU~ ,,,,,,de .or m"e mo es o"to
seNe commuters.
44
4.5
4.6
47
5.2
5.'3
5,4
5.5
5.6
'30
5.7
5.8
5.9
5.10
5.11
5.12
5.13
Goal: 6
Policies:
6.1
6.2
6.3
6.4
6.5
Goal: 7
Policies
71
7.2
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
Ensure that alternative modes of transportation are convenient by increasing both inter- and intra-City bus service, and support regional efforts
to encourage car pooling.
Investigate the opportunities for obtaining funding from state, federal or other sources that incorporate non-vehicular modes of travel.
Implement transportation demand management (TDM) strategies in the subarea to decrease the demand for added capacity on roadways.
The street system in the vicinity of the light rail station should be developed in a grid pattern, forming a series of blocks with dimensions
(generally in the range of 300 - 500 feet) that encourage pedestrian activity, create street connectivity, and provide variety to the pedestrian
experience.
Require streets to connect except where physical barriers make this impossible.
Street right-of-way width standards should be modified for the area in the vicinity of the light rail station. The use of narrower right-of-way is
appropriate to increase the pedestrian experience. Wider right-of-way may be needed where on-street parking is proposed.
The City will proactively work with RTD on all aspects of studies, planning, station design and implementation of the Gold Rail Line. RTD
adopted a Strategic Plan for Transit Oriented Development in April 2006 providing policies and recommendations on RTD will implement TOD in
the Denver region. The Plan discusses how RTD proposes to work with local governments and other planning partners in achieving TOD
All development activities shall strive to provide a pedestrian environment that is safe and comfortable.
6.6
Improve and add, as necessary, traffic controls and synchronized signals including modifying the timing of pedestrian walk signals to ensure that
people can cross streets safely
Decrease the number of curb cuts on Ward Road by consolidating accesses to businesses.
Use medians, narrow streets, sidewalk extensions, and other techniques to provide a safe haven for pedestrians at street crossings. Identify
pedestrian street crossings by using contrasting paving, striping or other techniques.
Streets and pedestrian paths should provide access to existing and planned streets in the subarea.
Require the construction of sidewalks within residential and office developments. These sidewalks should include shade trees to enhance the
comfort of the pedestrian.
If parking for the light rail station is located south of the tracks, grade separated pedestrian crossings should be provided.
Allow current businesses in the area to continue use and keep buildings, but encourage redevelopment of the area.
73
Existing buildings and uses are encouraged to continue.
All new proposed buildings and infrastructure in the Northwest subarea shall be consistent with the Northwest Subarea Plan. That is, buildings
and permanent improvements should not be located so as to preclude development of the road and path system shown in the plan.
New buildings and improvements that are not consistent with the Northwest Subarea plan should be of a temporary nature such that they can be
amortized and removed with modest expense at such time that the planned roads and other infrastructure are developed.
31
74
Goal: 8
policies
8.1
Goal: 9
policies:
9.1
Goal: 10
policies:
101
(
WHEAT RIDGE NORTHWEST SUB-AREA PLAN
New "nnaoen! bumllng' shou~ be desigoed and .cated con,,,ent "Ib the cM,acl" desired '0< 'u,"" comme~'al, office and residential
uses. (Fore..m," II a land-" "shed \0 constru~ . ,,"'Id'n, 10" ",hllodUSlrial "" \0, the oexl 10 yeaffi, ",'Ore wou~ loCate the bulldin,
adjacenl \0 Ibe m\ore streal, and "ve it des.oed "'fu cell\ng hei,h~, "0<10", and finishes fuat wou~ be app",- fu' a fulura commerd.'
use, such as a store or office.)
Create incentives to encourage new development, infill and redevelopment
8.2
8.3
Reduce parkin, ratlu'remen~ '" ach.ve an overall avem,e ,a~io, SUpply thai will meet \he "erjs 01 ami, 01 uses. Cons~" shared ,.~Ing
between adjacent uses.
Count on-street parking toward the parking requirements for new buildings.
Evalual' 'ao<l""ln, reQuiremen~ fur mi,red use ,roi'c1S and consid" allowin, streel trees (I"" in ,rates 'n \he sidewa"), ,alioS
courtyards, and other hardscape areas to be included as required landscape area.
""Io<e loceo'''''S availab' Ibrou,h fue Colorado Enlerorlse Zo" program. The Northwe,t Subarea i, '0 ,,, Jelle<soo C<ruo~ En"""se Zo"
wli<h "",es it eligible 10< a varie~ o' Incentives such" slate Income ", credl5. Fo< ""re in\onnatioo contact the Jeffe<son Coun~ Econom<
Council at 303-202-2965 or info@jeffco.org.
8.4
Ensure thai <>"rl<', ooen "ace and recreational facitmes enhance the qua'iIy of IIf. 'or the citizens and em,IoY'es of the subarea,
9.2
9.3
De""."ffi shoo~ be requ',ed 10 ,,,.lde land 0< lund' \or new ,a~', open spece, or olb" publ< ,ul!lOses as delenn'ned by an as_men! 01
th, oeed ,eneraterl by the new davelo,men!1he CI~ will wo~ "fu davelopeffi and landow"ffi 'n the area at Ibe 'me of d,,,,,'o,men!1o
determine the level of parks and recreation facilities to be provided, and the entity to be responsible for maintenance.
Explore the potential for park facilities to be provided by a special district.
Include citizens, landowners, and developers in the parks and recreation planning and implementation process.
Provide residents and businesses of the subarea with the highest level of public services and facilities.
10.2
Require Ibe lonnalion o' ,,,,., d""'" or a metropolitan d\a\ricl 10 the subaraa \0 add ,ess unique Inlraslmclu<e and malnlenaoce needs of Ibe
subarea, including d,,'nage, pa~in" ,ar'<s and recreation, and stree"'''' im,rovemen' Encou<age e.sllng distrlclS In the araa w"1i
capacity problems to develop alternatives to address deficiencies.
New developmeol shou~ not ""den "latin, Inlra,tructure and ,ubllc seNices. New develo,m,,' shou~ be required \0 oon\ribu\e fue
necessary revenue or infrastructure for expanding infrastructure or services needed to serve the development.
Wo<k wrth the UDFCD and Jellerson Cooo~ to im,lem,,1 \he drainage 'm,ro""men" ,,,,,mmeoded in me Columbioe Basin Siudy
10.3
32
\
",,,EAT .,DGE NO"'"'''''' ,U.,^,EA 'LAN
\
t>.C'no~ S1EPS
\<M actions necessal'/ to accomplisn tne plan'.
",\lOns _taled .,th the So.are<, .... , used ~ nal, ",m,'ate ride""" ,sereese po,'<I'I ",ues anda\\raCt re"" III
. C....r Change" "",ns,\S"cons RlOund Ibe nacon, ,sereas,ng de:s~h:al Ridge "re CI<i c..rter ",,,,'ares "aI!be m.,lmum de"'~ 0 2' .un'" '"
"'" area; ~""'~ dens"'" ,afj _" '" and 60 un'" "r "ra. n . ~ e shOUW amend ,~chaner \0 be atile \0 inCrease ",,~.es rn tho
acre 'n order \0 crea'" a de"IO\lrnent thai ",,"s lull ,;,,,nta9~ o' trans', ~~e,:;.R",~ ..a 01"'" "beraa and lea"",r W single tam"Y as drslRnce -
subarea \0 " unrts per acre 'n ~e sub..a. 1ho den"~ shOul be pesen , .
Ibe ",re ",,,,,,,,rcra' and res." area ,seraases . luderncen\\'les such as'. reduc'n, oU"street per"ng ratlu"men~, ",unl'"
. eraate a trans,"or\ented o"rtay "sloct .or ~e. Nor\lN'esttbera~ W,:'t<r\\On o' sueel \lees along 'ulUre sid.....' Ioca\IOns III .,,"' land"'pe an:
on,streat "",In' \O..rd a po""" o' ,ar'''' ratlU'~:;::n~"se~I"c' re<\u,ramanw and estJlblsh "",m - Mure ,"" toce,ons, and rnclu e
open sO'" ra,u,rame"" o' ".bng zT"r!\9, """e s. . ' ed " ""t<rbOra\\on """ pope<l'l ",,,," " the araa
lutura ROW d,d\callO"s '" dens'~ ce\cU\aIlO" ,na d""'" .ooW be ~" 0' d gu~aoce on bU""ng deS"n .hen de,,'Opoent or red"e~poent "",W
. oeve\O\l ,,,usIT"" developoent guldal'nes W No""""" ,ubaraa 0 ,ro~e~ In the ar" . . . . .
occur ,,. ,urd.""s .r>uW be develOped rn ",,,abOral.n. """ pope<l'l o. \ ,nasee constrUcI and main"" ",,'n, ."""res, drarnRge tacrl.es, ,ai<'
. crealto' 01 a d~tr\CI or "...cI' tor ~e suberea to """, a rnecnenrsm 0 , '
and racreal'On ,,,,,,,,,, and _"",pe """"me""
\
33
City of Wheat Ridge
Community Development Department
Memorandum
TO: Plannmg ComnnsslOn
FROM: Alan White, Commumty Development Director
SUBJECT: Case No WP A 06-02, Northwest Subarea Plan
DATE: May 10, 2006
This Case is:
o QuasI-Judicial
0' LegislatIve
Enclosed is a copy of the draft Northwest Subarea Plan. The Plan was prepared by Winston
ASSOCiates and Commumty Development Department staff over the course of the last seven months.
The preparation of the plan fulfills one of Council's strategic goals to prepare plans for subareas m
the City m order to prepare for growth and ItS opportumtIes.
-
ThiS area was selected for one of the first subarea planning efforts because of the Fastracks plan to
bUIld the Gold Lme with an end of the lme station near Ward Road and 50th Place. The Park 'n Ride
at 1-70 and Ward Will be relocated to somewhere m the area. Not only will transit passengers
potentially arrive by automobIle, but by bus. This amount of activIty has the potentIal to transform
the area dramatIcally
Four publ1c desIgn workshops were held with landowners, busmess owners and tenants dunng the
last seven months. RTD offiCials and planners from nelghbonngJurisdictlons also attended the
meetlllgs.
The plan enviSIOns a mixed use "VIllage" or "mlm-downtown" for the area around the proposed
statIOn 10catlOn. The core area would consist of retail, office and service uses on ground floors With
hIgher denSIty reSidentIal uses on upper floors and as stand alone uses away from the core,
transltIonmg to existmg low denSity neighborhoods. Parkmg for the statlOn users would be
dispersed through the core area. The area south of the core area, generally south of the tracks, would
rem am as an employment area With I1ght manufactunng and office/warehouse uses.
A grId street system IS proposed With new or Improved connectIOns to major roads to the east, west
and south. "New urbanism" concepts of zero front setbacks, parkmg to the Side or rear, Wide
Sidewalks, on-street parkmg, mIxed uses, qualIty archItecture, and street trees are proposed m an
effort to create a village where people want to lIve and/or work.
ConstructIOn of the Gold Lme IS nme years away and the Plan dIscusses what the CIty and
landowners can do in the meantIme until the market for a rmxed use village emerges.
ATTACHMENT 2
The Subarea Plan IS proposed to supercede the ComprehensIve Plan for the area. The eXlstmg
ComprehensIve Plan recommends pnmanly mdustnal uses for the area. Without a change to the
plan, the area would likely become a series of unconnected mdustrial parks wIth an 800 car parking
lot next to the statlOn.
This item has been scheduled for a publIc heanng. Notlce as reqmred by state statute for the heanng
has been provIded. (Notlce m the Transcnpt newspaper) In addltlon, notlces and draft plans have
been sent to a mailmg list of approximately 50 persons who have attended the workshops.
Winston AssocIates wIll be at the heanng to present the Plan.
Staff recommends adoptlOn of the Plan. A motion to adopt a resolution recommendmg adoptlOn of
the plan by CIty Council IS needed.
Suggested Motion:
"I move to adopt ResolutlOn 02-2006, a resolution recommendmg adoption ofthe Northwest
Subarea Plan, and forwardmg thIS recommendation along wIth the ResolutlOn to CIty CouncIl for
their consideratlOn."
CITY OF WHEAT RIDGE PLANNING COMMISSION
RESOLUTION NO. .:2...
Series of 2006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WHEAT RIDGE, COLQRADO, RECOMMENDING ADOPTION OF THE
NORTHWEST SUBAREA PLAN AND BY SUCH ADOPTION,
AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN
WHEREAS, the CIty Council ofthe CIty of Wheat RIdge adopted a Comprehensive Plan
on October 25, 1999 and amendments were considered and adopted m January 24,2000, and
WHEREAS, the Regional Transportation District's plans for constructing a light raillme
mto the subarea With an end-of-the-Ime statlOn proposed near Ward Road and W. 50th Place has
the potential to dramatically change land uses and the development pattern m the subarea, and
WHEREAS, the Comprehensive Plan adopted m 2000 did not contemplate a lIght ralllme
or statlOn to be located m the subarea, and
WHEREAS, the CIty Counell directed staff and its consultant to prepare a subarea plan
for the area generally bounded by Ward Road, W 52nd A venue, Tabor Street, and 1-70 m
fulfillment of one of the Council's strategic goals; and
_ WHEREAS, C.RS. 31-23-206 (2) provides that the Comprehensive Plan may be
amended by the City from tIme to time; and
WHEREAS, City CounCil desires to amend the ComprehenSive Plan to address changed
conditions m the area due to the plans of the Regional TransportatIon Dlstnct to construct a lIght
rail line mto the area, and
WHEREAS, Planning Commission has held a publIc heanng as prOVided by C.RS 31-
23-208 and SectIon 2-60 (b) ofthe Wheat Ridge Code of Laws, legal notIce thereof duly
published in the Wheat Ridge Transcript on May 11,2006, Wlth a wntten recommendatlOn
forwarded to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Wheat Ridge, Colorado, as follows:
1. The Planmng Commission of the City of Wheat RIdge hereby recommends
adoptlOn ofthe Northwest Subarea Plan attached as Exhibit A
2. The Planning Commission recommends that the Northwest Subarea Plan supercede
the ComprehenSive Plan for the portlOn ofthe City covered by the Subarea Plan.
3 A copy ofthls resolutlOn shall be forwarded to the City Counell.
ATTACHMENT 3
I:\Comdev\Northwest Subarea Plan\pc resoll
DONE AND RESOLVED THIS /Y~ay of ~ ,2006.
{~ U/~
CHAIR, PLANNING COMM
ATTEST.
CL-~
Secretary to the Planning 0 . SSlOn
I:\Comdev\Northwest Subarea Plan\pc resolut1on.doc
2
CITY OF WHEAT RIDGE CITY COUNCIL
RESOLUTION NO. ~
Series of 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, ADOPTING THE NORTHWEST SUBAREA PLAN
AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE
COMPREHENSIVE PLAN
WHEREAS, the City Council of the City of Wheat RIdge adopted a ComprehenSive Plan
on October 25, 1999 and amendments were considered and adopted m January 24,2000; and
WHEREAS, the ReglOnal TransportatlOn Distnct's plans for constructmg a lIght rmllme
mto the subarea With an cnd-of-the-lme statlOn proposed near Ward Road and W 50th Place has
the potential to dramatically change land uses and the development pattern m the subarea; and
WHEREAS, the ComprehenSive Plan adopted in 2000 did not contemplate a lIght rail lIne
or statlOn to be located in the subarea; and
WHEREAS, the City Council directed staff and ItS consultant to prepare a subarea plan
for the area generally bounded by Ward Road, W 52nd Avenue, Tabor Street, and 1-70 in
fulfillment of one of the CouncIl's strategic goals, and
-
WHEREAS, C.R.S 31-23-206 (2) proVides that the ComprehenSive Plan may be
amended by the City from time to time; and
WHEREAS, City Council deSires to amend the ComprehenSive Plan to address changed
conditions m the area due to the plans of the ReglOnal TransportatlOn Dlstnct to construct a lIght
rail lIne mto the area" and
WHEREAS, Plannmg Commission has held a publIc heanng as proVided by C.R.S 31-
23-208 and SectlOn 2-60 (b) of the Wheat Ridge Code of Laws; legal notice thereof duly
publIshed m the Wheat Ridge Transcnpt on May 11, 2006, With a wntten rccommendatlOn
forwarded to the City Council, and
WHEREAS, the City CounCil has held a publIc heanng as proVided by SectlOn 2-60 (b) of
the Wheat Ridge Code of Laws, legal notice thereof duly publIshed m the Wheat RIdge Transcnpt
on June 15,2006.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
1 That the City CouncIl of the City of Wheat Ridge hereby adopts the Northwest
Subarea Plan attached as Exhibit A.
2. The Northwest Subarea Plan shall supercede the ComprehenSive Plan for the
portlOn ofthe City covered by the Subarea Plan.
I:\Comdev\NorthwestSubareaPlan\ccresol ATTACHMENT 4
3. An attested copy of thIS resoluhon shall be attached to the Plan amendment and a
copy of the Plan as attested shall be certIfied to Jefferson County, Colorado
DONE AND RESOLVED THIS
day of
,2006
JERRY DITULLIO, MAYOR
ATTEST.
PAMELA Y. ANDERSON, CITY CLERK
l:\Corndev\Northwest Subarea Plan\cc resolution. doc
2
1'M 6 Y"--"'~
AMENDMENT TO MOTION TO APPROVE THE NORTHWEST SUBAREA
PLAN - June 26, 2006
1 The following language will be added to the Northwest Sub-area Plan
Introduction on page 4
" The Plan is an advisory document and is not mandatory. It provides guidelines
for development and design and is not intended as strict requirements for
development. "
2. In the Land Use Section on page 16, the following statement will be
deleted:
"LANDSCAPE: The area along Ward Road should be landscaped at least 10
feet from the right of way"
3 In the Traffic Section on page 22 under the Ward Road discussion, the
following statement will be added.
"When Ward Rd. is widened, consideration should be given to streetscaping in
the roadway design ..
June 26, 2006
S~ H--rJ -h ~ c~ c/~
C",;:f.J,QG 11&-,j j "^--
h(b;'!Ob _
Mike Stites
Council President
City Council
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado
RE. Wheat RIdge Northwest Subarea Plan
Case No WPA-06-02
DirSlr;
In regards to the abovementioned plan, I have reviewed this plan, attended meetings and
opposed this plan at the Planning C0IllIll1SSI0n public hearing on May 18, 2006 I have
attached a copy of my comments and concerns at that meeting, which continue as
concerns at today's meeting.
I am Trustee of the Arnold A and Dorothy M. Cillessen Trust, which IS the ownership of
the property at 12360 W 49th Place. I also manage the property This property currently
provides income to Mrs. Cillessen through the trust. I am the Cillessen's daughter and
have been involved with the property since it was built 30 years ago I am also a
Commercial Real Estate Broker
My first issue is notification of affected property owners. The notice of this Public
heanng is dated June 19,2006 and received by most owners on June 20,2006 The
Planning commission notice of Public Hearing on May 18,2006 was dated May 12,2006
and received on May 15,2006 By Planning's own admission not all of the owners were
notified. This plan has a major impact on the property in the subarea and all property
owners should be informed.
Next, are the assurances the Introduction to the plan that this plan does not change
existing allowable uses or zoning designations ofland within the subarea. The
introduction states the adoption of this plan will supercede the Comprehensive plan. The
plan policies state that any changes, new or improved must be consistent with the
Subarea plan, which changes industrial to commercial and mixed use. Guideline
requirements change the uses and building type to commerciaVretail use. I was advised
by Alan White, on June 12, 2006, that the language in the Draft, approved by the
Planning Commission, stating the term "nonconforming" had been changed to
conforming. The language throughout the document does not support his assurance to me
that it would remain a conforming use
Primarily, this plan seems to address the North side of the railroad tracks between Ward
and Tabor The following addresses problems I have with the plan.
1
This area is approximately 3 blocks long and 4 blocks wide. Streets have been added with
five (5) streets running North to South and three (3) streets running East to West. Also
there are to be alleys accessing the rear of businesses. These streets are to have 12' wide
sIdewalks and some will have street parking. Streets need to be wide enough for buses to
get m and out of the Park n Ride. What remains after the new designated streets, appears
to be small areas for business. There are no dimensions included in the plan for street
widths or available building footprints.
Traffic will have to depend on access to and from 52nd Ave., a possible three (3) lane
road, and Tabor for ingress and egress withm the planned area. Higher denSity housing is
in the plan, which will create more traffic congestion. The plan does not appear to have a
site large enough for a large supermarket or discount store, which residents will be going
to and from for their household needs and to jobs that the light rail may not
accommodate.
Visibility of the area as a new "Gateway" to Wheat Ridge will be mostly along Ward
Road, which seems to remain the same as today This area as shown does not offer any
improved visibility
RTD parking appears to be in four (4) different locations. For a light rail site at the end of
the line, the parking areas combined seem less than what would be required.
This plan is premature. There are many unanswered questions as to impact decisions the
final RTD EIS (which is about 2 years away), CDOT's decisions on sizing of Ward
Road, BN Railroad highway separation, Valley Water availability, Fruitdale Samtation
resources, and Arvada Fire District capabilities for this subarea plan to be adopted at this
time. More coordination with these entities and the existing property owners need to take
place.
Wheat Ridge has continually rejected plans for a number of years for this area that would
have allowed owners and developers to make a more attractive area of the subarea plan.
This and my objections as stated May 18, 2006 remain our position on the Northwest
Subarea plan.
Sincerely,
~ ~I//?~
_ ccf /JL-~('~~
/ . aron L. PetersonlMcGee
Trustee
Arnold A Cillessen Irrevocable Trust
Enclosure
2
May 18, 2006
Planning Division
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado
RE Wheat Ridge Northwest Subarea Plan
Dear Sirs,
1 have received a copy of the draft of the abovementioned plan. I attended 2 of the
meetings held regarding this plan and expressed my concerns. I do not believe this plan
fully addresses subjects that need to be considered.
I am Trustee of the Arnold A. and Dorothy M. Cillessen Trust, which is the ownership of
the property at 12360 W 49th Place. I also manage the property This property currently
provides income to Mrs. Cillessen through the trust. I am the Cillessen's daughter and
have been involved with the property since it was built 30 years ago I am also a
Commercial Real Estate Broker
This area is primarily Industrial. Changing zoning can and will Impact many livelihoods
m the area. The plan calls for no changes south of the railroad tracks, wruch mcludes my
property, but does mention "nonconforming use" designation for the entire area. This
Impacts property values and rights.
Wheat Ridge needs an industrial area. The busmesses m this area serve Wheat Ridge and
all of Metro Denver We receive little or no services from Wheat Ridge as our fire
protection is provided by Arvada Fire Dlstnct, our water is Valley Water District and our
sewer is Fruitdale Sanitation. As an occupant of our property I have witnessed little or no
services from the City of Wheat Ridge.
I have been advised by the city's consultants creating the above mentioned plan, that this
redevelopment would greatly increase my property values. I disagree. The costs of roads,
storm water drmnage, water and sewer improvements, etc. would have to be deducted
from the value of my property for an incoming developer to meet the requirements set
forth m this plan. My ability to sell prior to light rail's arrival would be damaged by the
future "what if' plans. Some property owners would have roads needed to be built in the
middle of what they own with little left over for anything else Developers are in the
business to make a profit. If costs are higher than the market will bear, the property
values will be adjusted or the development will not be built.
In review of the Wheat Ridge Northwest Subarea Plan, I have addressed the followmg
subjects.
I
Access
The access to the proposed Northwest Subarea Plan is poor ConsideratIOns that need to
be explored and finalized before adoption of this plan are the folIowing:
Ward Road - DRCOG is recommending expansion to 6 lanes. This further
decreases the available land for this area. Possible expanding to 6 lanes may
change access to 49th and 50th The current traffic on Ward is a problem for the
current users of the plan area. Ward Road is a main artery to the north Arvada
area.
Railroad - There is mention and discussion regarding the grade separation of the
tracks at Ward Rd. Whether the road goes over the tracks or under the tracks
could eliminate the existing property on both sides of Ward Road and wilI surely
eliminate access to Ward Road businesses, and to 49th and 50th for access to the
planned area. Example Grade separation on Wadsworth Bypass and 57th is
eliminating businesses along Wadsworth.
Light rail - IfIight rail goes for a grade separation to cross Ward Road (which
was mentioned in the report) it could change the location of the rail stop due to
incline problems.
1-70 & Ward Exchange -There has been diSCUSSIOn is the past about moving the
Ward Road exit from east bound 1-70, east towards Tabor There is no mention of
the probability of this and the Impact on Tabor, and the traffic congestion, which
would be another access to the Planned area.
DRAINAGE
Being Illvolved with property III the proposed area for over 30 years, I have not seen any
storm water drains or management there of The property I am involved with cannot have
asphalt or concrete over a specified percentage. I have to alIow for absorption and slow
any storm water with slopes and detainage ability
If this area is built up as proposed there could be major storm water problems as alI areas
wilI be covered with buildings, concrete parkmg lots, brick pavers, trees in sidewalk
boxes, etc. Where is the water going to go? Detainage ponds have been required for a
long time and the area required for these will be diminished.
RTD Plan
It is my understanding the EIS (EnVironmental Impact Study) for the Gold Line has not
commenced and is possibly 2+ years away from completion. The completion date for the
Gold line is approximately 10+ years away If Ward Road is the end of the Gold Line, it
IS possible the area needed for the park-n-rides is understated as has been a problem at the
"end of the line" in Littleton.
2
TOWNCENTER PLAN
There is extensive "hipe" regarding the "Light Rail Towncenter" developments in the
Real Estate market. Several are being developed in the metro area. Time will tell the
success of these centers. Coloradoans sometimes do not shop, live and play with the same
attitudes as other parts of the country Wheat Ridge does not need another area of empty
small shops and stores. More information should be available in the next couple of years
regarding the success of these T ownCenters
DEMOGRAPIDCS
The traffic counts on Ward road are substantial. The income level of the area is extremely
above median. However, the market demographics for retail in this area are questionable.
Arvada is and has developed a large retail center at Kipling and 50th. The retail at 64th
and Ward, 64th and Indiana, and a possible redevelopment with the coming of Cabell a's
at 320d and Youngfield all diminish the attractiveness of the Plan area. There would be
limited visibility from Ward Road, no visibility from 1-70, and limited and awkward
mgress and egress. The cost of development for the area with roads, landscaping, open
space, water & sewer improvements, storm water development, etc could make the cost
prohibitive for smaller busmesses with their mam market being to serve the adjacent
neighborhood and light rail passengers.
In closing, my opimon is that Wheat Ridge's problems would be better served advancing
the development of Cabella' s, redevelopment of 320d and Y oungfield, redevelopment of
38th and Kipling and 38th and Wadsworth, than to destroy the economic future of the
Northwest subarea. The current residents of Wheat Ridge need options in there own city
Instead of driving up and down Wadsworth and Kipling to Arvada and Lakewood for
their shopping needs.
If you have any questions, I can be reached at 303-425-7477
Sincerely,
e - -rJ/ . . ~/ /)')<!lL-
~~~_/) /' -
- Shaton L. Peterson/Mcgee
Trustee
Arnold A. Cillessen Irrevocable Trust
3
ITEM NO:
Lt,
REQUEST FOR CITY COUNCIL ACTION
~~
'r$~'
--;~
IU
COUNCIL MEETING DATE
June 26, 2006
TITLE:
PUBLIC MEETING ON 2007 BUDGET
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date')
o ORDINANCES FOR 2ND READING
Quasi-Judicial: D
Yes
I
Deputy City Manager
-
EXECUTIVE SUMMARY:
City Staff is currently working on the 2007 Proposed Budget. The proposed budget is scheduled for
submittal to City Council in late September for review. City Council is scheduled to meet throughout
the summer to discuss staffing levels, programs, serVices and capital projects proposed by Staff.
This public input meeting is mtended to focus on 2007 citlzen requests, comments or suggestions.
The public meeting is an mformal opportunity for the public to provide input to the City Council on
the City Budget. A second public meeting is scheduled for July 24, 2006, a public hearing is
scheduled for October 9, 2006 and adoption of the budget is scheduled for October 23, 2006
This public meeting on the 2007 budget is an opportunity for City Council to continue to develop a
strong partnership between city and community by allowing the public to be involved in the policy
development process and to stay informed on City financial issues.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
In April, City Council reviewed the City's strategic plan which included an update of the policy and
management agenda. Staff uses the strategic plan as a gUide III prepanng their annual department
budgets. City Council's goals for the years 2006 through 2011 are:
1 Creating a sustainable city government
2. City prepared for growth and opportulllties
3 Strong partnership between city, community and region
4 Better quality housing stock
5 Redevelopment of maJor corridors
AL TERNA TIVES CONSIDERED:
City Council could consider not holding this public meeting on the 2007 budget. This is not
recommended because City Council has set a goal of "Strong Partnership between City and
Community" which calls for open and transparent City government, Citizens well informed on
finances, and public input on policy issues.
FINANCIAL IMPACT:
None
RECOMMENDED MOTION:
-
None.
Report Prepared by: Patrick Goff, Deputy City Manager (303-235-2805)
Attachments:
1 None
Wbtat ltibgt Wnittb ~tigbborboob5, lfnt.
June,2006
Resolution to The Wheat Ridge City Council.
Wheat Ridge United Neighborhoods would like to thank the City Council and the City
Staff for fulfilling its promise to schedule an opportunity for citizen input on the city budget
early In the budget process. However, Wheat Ridge Umted Neighborhoods has another concern
about an impediment to the average citizens' ability to comment on next year's proposed
expenditures. The problem is the copies of the preliminary budget are not available to take home
and review except at a very expensive per-page cost. For that reason, Wheat Ridge United
Neighborhoods requests that the council authorize the staff to print additional hard copies of the
preliminary budget and make them available for citizens to purchase at a nominal cost. This
allows those cItIzens who do not have internet access to easily and inexpensively obtain and
review the budget.
Thank. yo\.! for yoW COl1sjqeratioll.
~!;J?
...1)' <' /
I y . ", Ij/... (
Michael Snow
President, Wheat Ridge United Neighborhoods
ITEM NO'
s.
REQUEST FOR CITY COUNCIL ACTION
~
COUNCIL MEETING DATE
June 26, 2006
TITLE:
COUNCIL BILL 14-2006: AN ORDINANCE AMENDING ARTICLE
II OF CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC PLACES
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
~ ORDINANCES FOR 1ST READING (Date' June 26,2006)
D ORDINANCES FOR 2ND READING
Quasi-Judicial'
D
Yes
~
No
City Attorney
--
EXECUTIVE SUMMARY:
The Colorado State legislature recently adopted legislation substantially amending Part 2, Article 14
of Title 25 of the Colorado Revised Statutes (the "Colorado Clean Indoor Au Act" or the "Act").
The Act expliCitly states that local authorities may enact rules and regulations similar to those
promulgated in the Act; however, in no event shall such rules and regulations be less stringent than
those promulgated by the State in Section 25-14-207, C.R.S. (as amended by HB 06-1175). The
City has preViOusly adopted provisions concerning limitations on smoking in public places, codified
as Article II of Chapter 9 of the Code of Laws (the "Code"). This ordinance amends Article II of
Chapter 9 to conform to the same provisions of the Act.
Because Article II of Chapter 9 of the Code is currently less restrictive than the recently amended
State statute, the proposed ordinance provides that the Code will substantially comply with the Act.
In sum, smokmg m public places is allowed only in certain enumerated locations, and fines (but not
jail time) are imposed for the violation of these regulations.
COMMISSIONIBOARD RECOMMENDATION:
N/A
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No 14
Ordinance No
Series of 2006
TITLE: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE CODE OF
LAWS OF THE CITY OF WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC
PLACES
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the state of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter"), and
WHEREAS, pursuant to its home rule authority generally and Article 15 of Title
31 of the Colorado Revised Statutes specifically, the City possesses the authority to do
all acts and make all regulations which may be necessary or expedient for the
promotion of health, and
WHEREAS, the City Council (the "Council") finds that it is in the best interest of
citizens of the City to protect nonsmokers from involuntary exposure to environmental
tobacco smoke in most indoor areas open to the public; and
-
WHEREAS, the City has previously adopted provisions concerning limitations on
smoking in public places, codified as Article II of Chapter 9 of the Code of Laws of the
City of Wheat Ridge (the "Code"), and
WHEREAS, the City Council finds that the legislature of the state of Colorado
(the "State") has substantially amended Part 2 Article 14 of Title 25, Colorado Revised
Statutes (the "Colorado Clean Indoor Air Act"): and
WHEREAS, the City Council therefore desires to amend that Article previously
adopted concerning smoking in public places and to conform the same with the
provisions of the Colorado Clean Indoor Air Act.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO
Section 1 Article \I Chapter 9 of the Code is hereby repealed and reenacted to
read in its entirety as follows
ATTACHMENT 1
ARTICLE II. SMOKING IN PUBLIC PLACES
Sec. 9-21. Legislative intent.
The city council finds, determines and declares that it is in the best
interest of the people of this city to protect nonsmokers from involuntary
exposure to environmental tobacco smoke in most indoor areas open to
the public, public meetings, food service establishments, and places of
employment. The city council further finds, determines and declares that
a balance should be struck between the health concerns of nonconsumers
of tobacco products and the need to minimize unwarranted governmental
intrusion into, and regulation of, private spheres of conduct and choice
with respect to the use or nonuse of tobacco products in certain
designated public areas and in private places. Therefore, the city council
hereby declares that the purpose of this Article II is to preserve and
improve the health, comfort, and environment of the people of this city by
limiting exposure to tobacco smoke
Sec. 9-22. Definitions.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning
-
(1) Auditorium means the part of a public building where an
audience gathers to attend a performance, and includes any corridors,
hallways, or lobbies adjacent thereto
(2) Bar means any indoor area that is operated and licensed under
Article 47 of Title 12, C R.S , primarily for the sale and service of alcohol
beverages for on-premises consumption and where the service of food is
secondary to the consumption of such beverages
(3) Cigar-tobacco bar means a bar that, in the calendar year ending
December 31, 2005, generated at least five percent (5%) or more of its
total annual gross income or fifty thousand dollars ($50,000) in annual
sales from the on-site sale of tobacco products and the rental of on-site
humidors, not including any sales from vending machines. In any
calendar year after December 31, 2005, a bar that fails to generate at
least five percent (5%) of its total annual gross income or fifty thousand
dollars ($50,000) in annual sales from the on-site sale of tobacco products
and the rental of on-site humidors shall not be defined as a "cigar-tobacco
bar" and shall not thereafter be included in the definition regardless of
sales figures
2
(4) (a) Employee means any person who
(I) Performs any type of work for benefit of another in consideration
of direct or indirect wagers or profit; or
(II) Provides uncompensated work or services to a business or
nonprofit entity
(b) Employee includes every person described in paragraph (a) of
this subsection (4), regardless of whether such person is referred to as an
employee, contractor, independent contractor, or volunteer or by any other
designation or title.
(5) Employer means any person, partnership, association,
corporation, or nonprofit entity that employs one (1) or more persons.
Employer includes, without limitation, the legislative, executive, and
judicial branches of state government; any county, city and county, city, or
town, or instrumentality thereof, or any other political subdivision of the
state, special district, authority, commission or agency; or any other
separate corporate instrumentality or unit of state or local government.
-
(6) Entryway means the outside of the front or main doorway
leading into a building or facility that is not exempted from this Article II
under Section 9-24 Entryway also includes the area of public or private
property within a specified radius outside of the doorway The specified
radius shall be determined by the City or, if the City has not acted, the
specified radius shall be fifteen feet.
(7) Environmental tobacco smoke, ETS, or secondhand smoke
means the complex mixture formed from the escaping smoke of a burning
tobacco product, also known as "sidestream smoke," and smoke exhaled
by the smoker
(8) Food service establishment means any indoor area or portion
thereof in which the principal business is the sale of food for on-premises
consumption The term includes, without limitation, restaurants,
cafeterias, coffee shops, diners, sandwich shops, and short-order cafes.
(9) Indoor area means any enclosed area or portion thereof The
opening of windows or doors, or the temporary removal of wall panels,
does not convert an indoor area into an outdoor area.
(10) Place of employment means any indoor area or portion thereof
under the control of an employer in which employees of the employer
perform services for, or on behalf of, the employer
3
(11) Public building means any building owned or operated by'
(a) The state, including the legislative, executive, and judicial
branches of state government;
(b) Any county, city and county, city, or town, or
instrumentality thereof, or any other political subdivision of the state, a
special district, an authority, a commission, or an agency of any of the
same, or
(c) Any other separate corporate instrumentality or unit of
state or local government.
(12) Public meeting means any meeting open to the public pursuant
to Part 4 of Article 6 of Title 24, C R.S , or any other law of this state
(13) Smoke-free work area means an indoor area in a place of
employment where smoking is prohibited under this Article II
(14) Smoking means the burning of a lighted cigarette, cigar, pipe, or
any other matter or substance that contains tobacco
-
(15) Tobacco means cigarettes, cigars, cheroots, stogies, and
periques, granulated, plug cut, crimp cut, ready rubbed, and other
smoking tobacco, snuff and snuff flour; cavendish, plug and twist tobacco,
fine-cut and other chewing tobacco, and other kinds and forms of tobacco,
prepared in such manner as to be suitable for chewing or for smoking in a
cigarette, pipe, or otherwise, or both for chewing and smoking Tobacco
also includes cloves and any other plant matter or product that is
packaged for smoking
(16) Tobacco Business means a sole proprietorship, corporation,
partnership, or other enterprise engaged primarily in the sale,
manufacture, or promotion of tobacco, tobacco products, or smoking
devices or accessories, either at wholesale or retail, and in which the sale,
manufacture, or promotion of other products is merely incidental
(17) Work area means an area in a place of employment where one
or more employees are routinely assigned and perform services for or on
behalf of their employer
Sec. 9-23. General smoking restrictions.
4
(a) Except as provided in Section 9-24, and in order to reduce the
levels of exposure to environmental tobacco smoke, smoking shall not be
permitted and no person shall smoke in any indoor area, including, but not
limited to.
(1) Public meeting places,
(2) Elevators,
(3) Government-owned or -operated means of mass transportation,
including, but not limited to, buses, vans, and trains,
(4) Taxicabs and limousines,
(5) Grocery stores;
(6) Gymnasiums,
(7) Jury waiting and deliberation rooms,
(8) Courtrooms,
- (9) Child day care facilities,
(10) Health care facilities including hospitals, health care clinics,
doctor's offices, and other health care related facilities,
(11) (I) Any place of employment that is not exempted
(II) In the case of employers who own facilities otherwise exempted
from this Article II, each such employer shall provide a smoke-free work
area for each employee requesting not to have to breathe environmental
tobacco smoke Every employee shall have a right to work in an area free
of environmental tobacco smoke
(12) Food service establishments,
(13) Bars,
(14) Limited gaming facilities and any other facilities in which any
gaming or gambling activity is conducted,
(15) Indoor sports arenas,
5
(16) Restrooms, lobbies, hallways, and other common areas In
public and private buildings, condominiums, and other multiple-unit
residential facilities,
(17) Restrooms, lobbies, hallways, and other common areas in
hotels and motels, and in at least seventy-five percent (75%) of the
sleeping quarters within a hotel or motel that are rented to guests,
(18) Bowling alleys,
(19) Billiard or pool halls,
(20) Facilities in which games of chance are conducted,
(21) The common areas of retirements facilities, publicly owned
housing facilities, and nursing homes, not including any resident's private
residential quarters,
(22) Public buildings,
(23) Auditoria,
(24) Theatres,
(25) Museums,
(26) Libraries,
(27) To the extent not otherwise provided In Section 25-14-103 5,
C RS , public and nonpublic schools,
(28) Other educational and vocational institutions, and
(29) The entryways of all buildings and facilities listed in paragraphs
(1) to (28) of this Section
(b) A cigar-tobacco bar shall not expand its size or change its
location from the size and location in which it existed as of December 31,
2005 A cigar-tobacco bar shall display signage in at least one (1)
conspicuous place and at least four inches (4") by six inches (6") in size
stating "Smoking Allowed. Children under eighteen (18) years of age
must be accompanied by a parent or guardian"
Sec. 9-24. Exceptions to smoking restrictions.
6
(a) This Article II shall not apply to
(1) Private homes, private residences, and private automobiles,
except that this Article II shall apply if any such home, residence, or
vehicle is being used for child care or day care or if a private vehicle is
being used for the public transportation of children or as part of health
care or day care transportation
(2) Limousines under private hire,
(3) A hotel or motel room rented to one (1) or more guests if the
total percentage of such hotel or motel rooms in such hotel or motel does
not exceed twenty-five percent (25%),
(4) Any retail tobacco business,
(5) A cigar-tobacco bar;
(6) The outdoor area of any business,
-
(7) A place of employment that is not open to the public and that is
under the control of an employer that employs three (3) or fewer
employees,
(8) A private nonresidential building on a farm or ranch, as defined
in Section 39-1-102, C RS , that has annual gross income of less than
five hundred thousand dollars ($500,000), or
(9) The retail floor plan, as defined in Section 12-471-509, C RS ,
of a licensed casino
Sec. 9-25. Optional prohibitions.
(a) The owner or manager of any place not specifically listed in
Section 9-23, including a place otherwise exempted under Section 9-24,
may post signs prohibiting smoking or providing smoking and nonsmoking
areas Such posting shall have the effect of including such place or the
designated nonsmoking portion thereof, in the places where smoking is
prohibited or restricted pursuant to this Article II
(b) If the owner or manager of a place not specifically listed in
Section 9-23, including a place otherwise exempted under Section 9-24, is
an employer and receives a request from an employee to create a smoke-
free work area as contemplated by Section 9-23 (a) (11) (II), the owner or
7
manager shall post a sign or signs in the smoke-free work area as
provided in subsection (a) of this Section
Sec. 9-26. Other applicable regulations of smoking.
(a) This Article II shall not be construed to permit smoking where it is
otherwise restricted by any other applicable law
(b) The municipal courts have jurisdiction over violations of smoking
regulations enacted by the City
Sec. 9-27. Unlawful acts - penalty - disposition of fines and
surcharges.
(a) It is unlawful for a person who owns, manages, operates, or
otherwise controls the use of a premises subject to this Article II to violate
any provision of this Article II
(b) It is unlawful for a person to smoke in an area where smoking is
prohibited pursuant to this Article II
(c) A person who violates this Article II is guilty of a class 2 petty
offense and, upon conviction thereof, shall be punished by a fine not to
exceed two hundred dollars ($200) for a first violation within a calendar
year, a fine not to exceed three hundred dollars ($300) for a second
violation within a calendar year, and a fine not to exceed five hundred
dollars ($500) for each additional violation within a calendar year Each
day of a continuing violation shall be deemed a separate violation
-
(d) All judges, clerks of a court of record, or other officers imposing or
receiving fines collected pursuant to or as a result of a conviction of any
persons for a violation of any provision of this Article II shall transmit all
such moneys so collected in the following manner' Seventy-five percent
(75%) of any such fine for a violation occurring with the corporate limits of
the City shall be transmitted to the treasurer of the City and the remaining
twenty-five percent (25%) shall be transmitted to the state treasurer, who
shall credit the same to the general fund
Section 2 Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is 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
8
Section 3 Severabilitv: Conflictinq Ordinances Repealed If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed
Section 4 Effective Date This Ordinance shall take effect immediately upon
adoption
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this _ day of , 2006, 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 , 2006, at 7'00 o'clock pm, 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 , 2006
SIGNED by the Mayor on this
day of
,2006
-
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication
Second Publication
Wheat Ridge Transcript:
Effective Date
9
ITEM NO'
G;,
REQUEST FOR CITY COUNCIL ACTION
'('$~
ru
COUNCIL MEETING DATE.
June 26, 2006
TITLE:
COUNCIL BILL 15-2006 - AN ORDINANCE APPROVING THE
PARTIAL REVOCATION OF AN EASEMENT AND THE GRANT OF
AN ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF
DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER
COMMISSIONERS
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
~ ORDINANCES FOR 1 ST READING (Date' June 26, 2006)
D ORDINANCES FOR 2ND READING
D
Yes
~
No
Quasi-Judicial:
-
City Attorney
EXECUTIVE SUMMARY:
The Denver Water Department has entered into an agreement with the Valley Water Distnct to
construct a major transmission main extending from 26th and Kipling to approximately 43rd and
Miller Court. This segment crosses a portion of the Wheat Ridge Greenbelt, owned by the City.
The Denver Water Department has asked that the City grant an easement for construction of and
access to this transmissIOn line. The ordinance approves an easement agreement, which reflects
requirements imposed by the City of Wheat Ridge.
The City granted an easement in August of 2005 for this project. Denver Water has redeSigned the
path of the water main and is requesting that a portIOn of the easement granted in 2005 be released
and an easement for the new alignment be granted.
STATEMENT OF THE ISSUES:
The proposed major transmission main is needed by Denver to satisfy its supply obligations to the
Valley Water District. The Valley Water District provides water to portions of the City of Wheat
Ridge. In the event Denver were not able to obtain the easement through this easement agreement,
it is highly likely that Denver would condemn the easement.
Staff has met with representatives from Denver The maIn line itself and the proposed easement
have been redesigned to accommodate the needs of Wheat Ridge as they were Identified during in-
field meetings. The alignment of the easement is chosen to minimize damage to vegetatIOn and
wildlife in the greenbelt. Nevertheless, some residual Impact will remain, and it will be some years
before trees and brush cover the easement alignment.
COMMISSION/BOARD RECOMMENDATION:
N/A
ALTERNATIVES CONSIDERED:
Do not approve the easement agreement, force Denver to bring a condemnation action.
FINANCIAL IMPACT:
The original easement area was appraised at $31,600. This was paid to the City of Wheat Ridge
(25%) and Jefferson County Open Space (75%) to reflect the origInal purchase agreement. This
amount was paid by Denver Water as compensation for the grant of the easement. The difference in
the amount to be paid for the new easement and the refund to Denver Water for the current
easement IS $14,125 82. This additional amount will be paid to the City of Wheat Ridge and
Jefferson County Open Space In the same percentages.
RECOMMENDED MOTION:
-
"I move to approve Council Bill 15-2006, an Ordinance Approving the Partial RevocatIOn of an
Easement and the Grant of an Additional Easement to the City and County of Denver Acting By
and Through Its Board of Water Commissioners, on first reading, order It published, public hearing
set for Monday, July 10,2006 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days
after final publication."
or,
"I move to table indefinitely Council Bill 15-2006, an Ordinance Approving the Partial Revocation
of an Easement and the Grant of an Additional Easement to the City and County of Denver, ActIng
By and Through Its Board of Water Commissioners for the following reason(s)
"
Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670
Joyce Manwaring, Director of Parks and Recreation
Reviewed by. Randy Young, City Manager
Attachments:
1. Council Bill 15-2006 (With attached Partial Release of Easement Agreement as Exhibit A,
Easement Agreement as Exhibit B)
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 15
Ordinance No
Series of 2006
TITLE: AN ORDINANCE APPROVING THE PARTIAL REVOCATION
OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL
EASEMENT TO THE CITY AND COUNTY OF DENVER,
ACTING BY AND THROUGH ITS BOARD OF WATER
COMMISSIONERS
WHEREAS, the City of Wheat Ridge (the "City") is the fee title owner of certain
real property encompassing the drainage of Clear Creek as it traverses the City (the
"Property"); and
Whereas, the City has previously granted, by ordinance, an easement across the
Property for the use of the City and County of Denver, acting by and through its Board
of Water Commissioners ("Denver") for water pipeline and access purposes (the "2005
Easement"), and
-
WHEREAS, Denver has determined that it is necessary to realign the pipeline
concerned, resulting in a portion of the 2005 Easement no longer being needed, and the
need for an additional easement; and
WHEREAS, Denver has proposed the partial revocation of a portion of the 2005
Easement and has requested an additional Easement across the Property to
accommodate the realigned pipeline project; and
WHEREAS, The City Council finds that a portion of the 2005 Easement is no
longer needed by Denver and it is in the best interests of the City that said portion be
vacated to remove the encumbrance upon the City's title to the Property; and
WHEREAS, the City Council finds that adequate limitations are imposed upon
the requested additional easement sufficient to protect the City's interests; and
WHEREAS, Section 6 3 of the Wheat Ridge home rule charter permits the
Council to approve the grant of the easement by ordinance adopted by a three-fourths
majority of the entire Council.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO'
Section 1. The "Partial Release of Easement" attached hereto as Exhibit A is
hereby approved, and the City hereby authorizes Denver to execute and record the
same
WRCA 020
ATTACHMENT 1
Section 2. The "Easement Agreement" attached hereto as Exhibit B is hereby
approved, and the Mayor and City Clerk are hereby authorized and directed to execute
the same.
Section 3. Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 4. Effective Date. This Ordinance shall take effect fifteen 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 day of June, 2006, 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 ,2006, 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 , 2006
-
SIGNED by the Mayor on this
day of
,2006
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication
Second Publication
Wheat Ridge Transcript
Effective Date
WRCA 020
EXHIBIT A
PARTIAL RELEASE OF EASEMENT
[A TT ACHED]
-
WRCA 020
~-~--- ~
AGREEMENT DATE
(To ~~omplctcd D\' llenver ~~~~r
Properl\' AIanagcmenr)
PARTIAL RELEASE OF EASEMENT
THIS PARTIAL RELEASE OF EASEMENT is made and executed by the CITY AND
COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS,
(BOARD).
WITNESSETH:
WHEREAS, the Board acquired an easement from CITY OF WHEAT RIDGE, a
municipal corporation, dated September 01, 2005, and recorded in the Office of the Clerk and
Recorder of Jefferson County, Colorado on September 01, 2005, at Reception Number
2005076211, ("Easement), and
WHEREAS, the BOARD has determined that a portion of the Easement is no longer
useful, and/or not required in the water works operation of the BOARD
NOW THEREFORE, the BOARD releases all of its right, title and interest in and to that
portion of the Easement described in attached and incorporated Exhibit "A", AutoCAD Drawing
11853-6_PMGT to and in favor of the PRESENT OWNER(S) of the property on which the
Easement is located, effective upon the recording of this Partial Release of Easement. All other
terms and conditions of said Easement dated September 01 , 2005, remain in full force and effect.
-
IN WITNESS WHEREOF, the BOARD's Manager has executed this Release of
Easement, which has been attested to by the Acting Director of Engineering, with its corporate
seal affixed
ATTESTED AND APPROVED'
CITY AND COUNTY OF DENVER,
acting by and through its
BOARD OF WATER COMMISSIONERS
By'
H. J Barry, Manager
John H Bambei, Acting Director of Engineering
Date
APPROVED AS TO FORM:
~~~ OeC'
Legal Divisl
{S E A L}
NIWnRDv'lGRMN"I\PA.RJ-ltL ESM1\W~1EA1.RIt>GE ell!' or CONOu'T_MJI-,\flLR_'5>9 1165J.-6_PART.REL_or EAS
EXHIBIT "A"
A parcel of land situated in the northwest quarter of the southeast quarter (NWYi SEYi) of
Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson
County, Colorado more particularly described as follows'
BEGINNING at a northeasterly corner of Denver Water's easement, the agreement
for which is recorded at Reception No. 2005076211 in the Clerk and Recorder's
Office of Jefferson County being a point on the west line of the southeast quarter of
the northwest quarter of the southeast quarter of said Section 21, from which the
northwest-southeast one sixty fourth corner of said Section 21 bears North 00015'03"
West 24 09 feet;
thence along said easement the following two courses;
South 00015'03" East 53.89 feet;
thence North 68020'12" West 263.00 feet;
thence North 00048'34" West 54.11 feet to a point on the northerly boundary of said
easement;
thence along said northerly boundary South 68020'12" East 263.57 feet to the POINT
OF BEGINNING as shown on Denver Water CAD drawing 11853-6_pmgt a copy of
which is attached hereto and made a part hereof.
This parcel contains 13,164 square feet more or less.
-
Denver Water
1600 West 12th Avenue
Denver, Colorado 80204
E 1 4 SECTION 21) TOWNSHIP 3 SOUTH) RANGE 69 WEST 6th P M
---- JEFFERSON COUNTY ----
Dr 66 No 22.01 75
-\
N
--
-------
--
CLEAR CREEK
fl floP fHHY of
~rrY or: 1flHaJ.\ -r fllrlaa
NE 1/4 NW 1/4
SE 1/4 SEC 21
C-N-SE x,. Cor Sec 21
lane Engineers
1~" Alum. Cap & Rebar
\
I
\
tv6&".;! . .
O,<"W ~
<6J 00'
_ _ ~9-':'29~0l- _ _ ~
N L1n6 SE //~ NW //~ sc 1/~ Soe 21
NOO'48'34"W
5411'
~
'"
E
'1
'"
I
'"
'"
<Xl
cS
o
<l.
.
'"
iii
_______ NOO'15'03"W]
------- 24 09' J
-- ----
~ -------
//85.3 -- -------
------- -<-tJ ------- -------
--- "'9/ ____
SOO'15'03"E -- --- ~
53.89' ----- _____ ~ \ \
\
\ \ \
\
SE 1/4 NW 1/4
SE 1/4 SEC 21
BASIS OF BEARING.
Bearings are based on the north line of
the southeast quarter of the northwest
quarter of the southeast quarter of Section
21 being NS9'29' 40"E.
100 0
~~~~-~-
100
200
,
SCALE IN FEET
LEGEND
~ BNDRY EXISTING D W.D
~ EASEMENT CONVEYED
ESMT
DOCUMENT DATED
SEC'Y FilE 429 DOC. 225
RIMS ITEM NO 08797
CARD NO
DRN. AM PM. --- S.
APPD
SHEET 1 OF 1 SHEET
CAD 11 B53-6_PMGT
PR<*'ERn' M...rt"GMENT STAHOARDS. 1022200.
EXHIBIT B
EASEMENT AGREEMENT
[ATTACHED]
-
WRCA 020
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT IS made between CITY OF WHEAT RIDGE, a
municipal corporation, heremafter called "Grantor", (whether grammatIcally smgular or plural)
and the CITY AND COUNTY OF DENVER, actll1g by and through its BOARD OF WATER
COMMISSIONERS, hereinafter called "Board"
WITNESSETH:
For and Il1 consideratIOn of the sum of FOURTEEN THOUSAND ONE HUNDRED
TWENTY-SIX AND 00/100 DOLLARS ($14,12600) and other good and valuable
consideration to the Grantor Il1 hand paid by the Board, the receipt whereof is hereby
acknowledged, the Grantor hereby grants to the Board, ItS successors and assigns, the sole,
exclusive and permanent rIght to enter, re-enter, occupy and use the deSCrIbed property to
construct, mamtam, repair, replace, remove, enlarge and operate one or more water pIpelines and
all underground and surface appurtenances thereto, mcludmg electnc or other related control
systems, underground cables, wIres and conncctlOns and surface appurtenances. By way of
example and not by way of limltatlon, tlic partlcs Illtend to Illclude wlthm the tenns "Plpelmcs"
and "appurtenances" the followll1g. mall1s and condUIts, valves, vaults, manholes, control
systcms, ventilators, and the like, m, through, over and across the followmg described parcel of
land sJtuate, lymg and bemg Il1 Jefferson County and State of Colorado, to-WIt:
(For Legal Description, please see Exhibit "A", attached hereto and made a part hereon
IT IS HEREBY MUTUALLY covenanted and agreed by and bctween the partIes hereto
as follows
1 Thc Board shall have and exerCIse the right of mgress and egress Ill, to, over,
through and across the above described property for any purpose needful for the full enjoyment
of any other nght of occupancy for herem.
2 The Grantor shall not eonstmct or place any stmcture or bUIlding, fence, retaimng
wall, street light, power pole, yard light, maIl box, sign or trash receptacle, temporary or
penn anent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above
described easement. Any structure or bUlldmg, fence, street lIght, power pole, yard lIght, mail
box or sign, temporary or pennanent, or shmb, tree, woody plant or nursery stock, of any kind
situated on the above described easement as of the date of this Agreement, may be removed by
the Board without lIability for damages arising therefrom.
3 Fenclllg eXlstmg at the time of thIS Agreement whIch IS dIsturbed or destroyed by
the Board or Its agents In constructlllg Its facIlitIes shall be replaced by the Board to Its ongmal
condItIOn as nearly as reasonable; however, the Grantor shall not construct new fenemg across or
wlthm the easement.
4 The Grantor grants to the Board the nght to occupy the easement m order to
protect Its mterests m and rIght of occupancy of the easement at all tnnes and partIcularly dunng
times of construct lOn, repair, removal, replacement or enlargement of water faCIlItIes.
5 The Board shall have and exercIse the rIght of subjacent and lateral support to
whatever extent IS necessary or deSIrable for the full, complete and unmolested enjoyment of the
rIghts described herem. [t IS specifically agreed between the partIes that the Grantor shall take
no action whIch would Impair the earth cover over, or the lateral or subjacent support for any
water pipelIne or lInes and appurtenances Within thc casement. The Board's Engineenng
Standards rcqUlre no less than four and one-half (411z) feet and no more than ten (10) feet of earth
cover, measured vertIcally from the top of any pipelIne or lInes. DeviatIOn from this reqUIrement
wIll be penllltled only upon specltic pnor, wntten penmsslOn from the Board. If such
modlficalIon undertaken by the Grantor requires alteratIOns to any plpe]me facilIty, such
alteration shall be at the Grantor's expcnse.
-
6 After construction of any water plpelme or hnes the general surface of the ground,
except as necessanly modIfied to accommodate appurtenances, shall be restored, as nearly as
reasonable, to the grade and condItIOn ImmedIately pnor to constmetlOn. TopsoIl shall be
replaced in cultivated and agncultural areas, and any excess earth resulting from installations by
the Board shall be removed from the easement at the sole expense of the Board. The Board
agrees that for a penod of one-year followlllg constructIon whIch ll1vo!ves disturbance of the
surface of the ground, the Board WIll 111 a lilt a 111 the surf:lce elevatlOlI alld qual1ty of the soli by
correctmg any settl1ng or subsldlllg that may occur as a result of the work done by the Board.
7 The Grantor has retall1ed the right to the undisturbed use and occupancy of the
subject property lI1sofar as such use and occupancy IS consIstent WIth and does not nnpalr any
grant herein contained and except as herem otherwise provided. Without lImiting the general1ty
of the foregomg sentence, the Grantor and the Board agree that the Grantor may use the subject
property for open space, park, and pedestnan traIl purposes, consistent WIth use of contiguous
property owned by Grantor and devoted to these purposes.
8 It IS mutually agreed by and between the partIes that the Board may commence
the exercIse of ItS rights hereunder forthWIth or It may postpone the exerCIse of all or some part
of Its nghts hereunder to some mdetermmate future time The Board IS acqulfIng the nghts 111
the subject property 111 order to msure to the Board a dommant easement for the exercIse of the
Board's functions and that the exercise of any nghts III the subject property other than those
retamed by the Grantor shall be wlthm the discretIOn of the Board.
9 lfthe Board abandons use and operation of the pipel1ne facilitIes laid pursuant to
thIS easement, such abandonment shall not constitute abandonment of its rights under this
easement.
2
10 The Grantor warrants that Grantor has full nght and lawful authonty to make the
grant contamed herem, and promises and agrees to defend the Board in the exercise of Its rights
hereunder agamst any defect m Grantor's tItle to the land involved or Grantor's nght to make the
grant contamcd herem.
II. Each and everyone of the benefits and burdens of this Agreement shall l11ure to
and be bmdmg upon the respective legal representatives, heirs, executors, admimstrators,
successors and assigns of the partIes.
12. For the resolutIOn of any dispute ansmg from thiS Agreement, venue shall be II1
the courts of the CIty and County of Denver, State of Colorado
13 Unless speCial provIsions are listed below and/or attached, the above constitutes
the whole Agreement between the parties and no additional or different oral representalIon,
promise or agreement shall be bindmg on any of the parties with respect to the subject matter of
thiS instrument. To the extent that any speCial provIsions added are in conflict With any other
provIsions, the speCial proviSIOns shall control and supersede any other terms or proVISIOns.
SPECIAL PROVISIONS
Notwithstandmg the proVISIOns of paragraph 8, the Board acknowledges the existence of
a non-exclUSive easement granted to the FrUltdale Samtation Dlstnct for water and/or samtary
sewer lines located withm the Board's easement at the northemmost portion of the easement and
recorded under ReceptIon Number 79105298 on November 19, 1979 m the Clerk and Recorder's
Office of the County of Jefferson. All other proVISions and tenns of this agreement shall remam
m full force and effect.
1
THIS EASEMENT AGREEMENT shall become effectIve on the date It IS signed by
the appropnate representatIve of the Board.
ATTEST
City of Wheat Ridge,
a mUl1lclpal corporatIOn
Pamela Anderson, City Clerk
Jerry Di Tullio, Mayor
APPROVED AS TO FORM
Gerald E. Dahl, City Attorney
ST ATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregomg 1I1stmmcnt was acknowledged before me thIS __ day of
, 2006, by Jerry Di Tullio as Mayor and Pamela Anderson as City Clerk of the
City of Wheat Ridge, a municipal corporation.
Witness my hand and offiCIal seal
My commISSIOn expires
-
{S E A L}
Notary PublIc
A TTESTED AND APPROVED
CJTY AND COUNTY OF DENVER,
actmg by and through ItS
BOARD OF WATER COMMISSIONERS
Jon L. Diebel, Director of Engmeenng
By'
H.,J Barry, Manager
Date
APPROVED AS TO FORM
{S E A Lf
Legal DivislOn
N ',WORl)I,4.GRM}<T\ESMT,WH\:AT ,RIJX,i;.CI ry .OF tVNDUlT -NUMBER 1)9 l1S5' 5 COl'\Dlill EAS
4
EXHIBIT "A"
A parcel of land situated in the northwest quarter of the southeast quarter (NWV4 SEV4) of
Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson
County, Colorado more particularly described as follows
BEGINNING at a point from which the northwest-southeast one sixty fourth corner of
said Section 21 bears North 36042'48" East 598.33 feet;
thence South 89022'00" West 50.00 feet;
thence North 00048'40" West 37.52 feet;
thence North 44011 '27" East 170.62 feet;
thence North 00048'34" West 35947 feet to a point on the southerly boundary of
Denver Water's easement, the agreement for which is recorded at Reception No.
2005076211 in the Clerk and Recorder's Office of Jefferson County;
thence along said southerly boundary South 68020' 12" East 54.11 feet;
thence South 00048'34" East 359.50 feet;
thence South 44011 '27" West 170.62 feet;
thence South 00048'40" East 1696 feet to the POINT OF BEGINNING as shown on
Denver Water CAD drawing 11853-5_pmgt a copy of which is attached hereto and
made a part hereof.
This parcel contains 0 640 acre more or less
-
N:\WORDlLEGALS
Denver Water
1600 West 12th Avenue
Denver, Colorado 80204
SE 1 4 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST 6th P
---- JEFFERSON COUNTY ----
S68'20'12"E
5411'
, ~
'l '--- NW-SE ~. Cor See 21
1 . -- Bell Surveying
18SJ'J ~. ~11f' Alum. Ca
. .....pfl19t
""'" .
""'"
1185 .~
J'6
~ ""''''9/
...........
"""'~
C-N-SE ~. Cor See 21
Lane Engineers
1W Alum. Cap & Rebar
N89'29'40"E
- --- --- -
NUn. SE I/~ NW 1/~ SE I/~ s.c 21
-------
N
-------
-------
flflOflSfl1Y OP
CI1Y OP
Y'lHSA 1 fllrlgE!
118SJ -------
_______ '2
_______ ""''''9/
-------
-------
-------
-------
'\
'\ \
\ \
\
-------
NOO'48'40"W
3752'
SE 1/4 NW 1/4
SE 1/4 SEC 21
SOO'48'40"E
16.96'
100 0
...,..--------
100
200
.
SCALE IN FEET
co
E
'T
..
I
"
'"
<0
BASIS OF BEARING.
Bearings are based on the north line of
the southeast quarter of the northwest
quarter of the southeast quarter of Section
21 being N89'29' 40"E.
W 41ST A Vf"
LEGEND
~ BNDRY EXISTING 0 W.D
~ EASEMENT ACQUIRED
ESMT
DOCUMENT DATED
SEC'Y FILE DOC.
RIMS ITEM NO
CARD NO. 000
DRN. AM M.
APPD
SHEET 1 OF 1
CAD 11853-5_PMGT
ITEM NO: ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
June 26, 2006
TITLE:
RESOLUTION 31-2006 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE
WHEAT RIDGE URBAN RENEWAL AUTHORITY (THE
AUTHORITY) AND AMENDING THE FISCAL YEAR 2006
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION FOR A ONE TIME
PAYMENT TO THE AUTHORITY IN THE AMOUNT OF $100,000
o PUBLIC HEARING
o BIDS/MOTIONS
[8J RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial.
o
Yes
[8J
No
j
-
City Manager
EXECUTIVE SUMMARY:
The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981 which
provided for the utilization of sales tax increment in the commercial area east of Wadsworth
Boulevard, between West 38th Avenue and West 44th Avenue. Since 1995, the City has entered mto
three different IGA's with the Wheat Ridge Urban Renewal Authority (the Authority). These IGA's
have been inconSIstent with one another and have made it difficult to account for the financial
obligations the CIty and the Authonty have for tax increments received from the Town Center Project.
The City and the Authority desire to consolidate the provisions of these prior agreements, with certain
changes, into a smgle new IGA which will function as the principal guiding document for the
relationship ofthe City and the Authority.
The proposed lOA establishes the rights and responsibilities ofthe CIty and the Authority with respect
to operational assistance and the sales tax increment applicable to the Wheat Ridge Town Center. The
specific elements of the sales tax increment allocation include the following:
1. F or all sales after January 1, 2006 irrespective of actual sales tax receipts, the City shall
retain an amount equal to the sales tax receipts attributable to the Safeway store for the period
November 1, 1994 through October 31, 1995
2. After accountmg for this retainage, the City and the Authority shall each receive 50% of
the remaining sales tax increment from the Wheat Ridge Town Center Project.
3 The maximum sales tax increment for the Wheat Ridge Town Center Project paid to
the Authority shall not exceed $100,000 in any fiscal year. The Authority's share of Town Center sales
tax increments shall not exceed that figure in any case.
4 The sales tax increment for the Wheat Ridge Town Center is hereby extended to and
including December 31, 2010.
In addition, on or before June 27,2006, the City shall make a one time payment to the Authority in the
amount of $1 00,000, to account for outstanding obligations of the Authority and in consideration of
the mutual revocation of the previOUS agreements related to allocation of the sales tax increment.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
There have been a confusmg and internally mconsistent pattern of IGA's between the City and the -
WRURA on the subject of sales tax increment sharing from the Town Center urban renewal area. A
permanent solution to address the confuSiOn and inconsistencies requires a new IGA between the City
and the WRURA.
AL TERNA TIVES CONSIDERED:
1. Contmue with the current IGA
2. Create a new IGA to consohdate the provisions of the prior agreements into a single new
agreement.
FINANCIAL IMPACT:
The proposed IGA caps the sales tax increment paid to the Authority at $100,000 per year.
RECOMMENDED MOTION:
"I move to approve Resolution No. 31-2006, approving an intergovernmental agreement with the
Wheat Ridge Urban Renewal Authority and amending the fiscal year 2006 General Fund Budget to
reflect the approval of a supplemental budget appropriation for a one time payment to the Authority in
the amount of$100,000"
or,
"I move to postpone mdefinitely Resolution No. 31-2006, approving an mtergovernmental agreement
with the Wheat Ridge Urban Renewal Authority and amending the fiscal year 2006 General Fund
Budget to reflect the approval of a supplemental budget appropriation for a one time payment to the
Authority in the amount of$100,000 for the following reason(s)
"
Report Prepared by'
Reviewed by'
Patrick Goff, Deputy City Manager
Alan White, Community Development Director
Jerry Dahl, City Attorney
Attachments:
1. Resolution 31-2006
060626 lOA WRURA CAF.doc
-
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO.n
Series of 2006
TITLE.
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) WITH THE WHEAT RIDGE URBAN
RENEWAL AUTHORITY AND AMENDING THE FISCAL
YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE
APPROV AL OF A SUPPLEMENTAL BUDGET
APPROPRIATION FOR A ONE TIME PAYMENT TO THE
AUTHORITY IN THE AMOUNT OF $100,000
WHEREAS, the City has created the Wheat RIdge Urban Renewal Authority (the
"Authonty"); and
WHEREAS, the Authority has administered the urban renewal area known as the Wheat
Ridge Town Center ("Town Center"); and
WHEREAS, the Wheat Ridge Town Center has generated sales tax revenues, referred to
by the City and the Authority as the "sales tax increment" for the Town Center project; and
-
WHEREAS, the Colorado Urban Renewal Law, CRS 31-25-112, authonzes the CIty and
the Authonty to enter into agreements to cooperatively undertake all aspects of the
admmlstration and operation of urban renewal areas, plans and redevelopment projects Within
the City; and
WHEREAS, the City and the Authority have entered into previous intergovernmental
agreements under this enabling authority, including agreements pertaining to the allocation of the
sales tax increment derived from the Town Center Project, and the shanng of resources relating
to services, equipment and personnel; and
WHEREAS, the City and the Authonty desire to consolidate the provisions of those
prior agreements, With certain changes, mto a smgle new agreement which will function as the
principal guiding document for the relationship of the City and the Authority; and
WHEREAS, the City shall make a one tIme payment to the Authority m the amount of
$100,000, to account for outstanding obligations of the Authority and in consideration of mutual
revocation of the previous agreements related to allocatIon of sales tax increment;
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, as follows:
A. The intergovernmental agreement between the City and the Wheat Ridge Urban
Renewal Authority attached hereto as Exhibit A, is hereby approved and the Mayor
and City Clerk are authonzed and directed to execute the same.
ATTACHMENT 1
B. The City of Wheat Ridge fiscal year 2006 General Fund Budget be amended
accordlllgly, specifically transferring a total of $100,000 from General Fund
unreserved fund balance into account #01-105-700-720.
DONE AND RESOLVED this 26th day of June, 2006
Jerry DiTullio, Mayor
ATTEST:
Pamela Anderson, City Clerk
Published:
,2006
-
Wheat Ridge Transcript
GED\53027\456680.1
-
EXHIBIT A
Intergovernmental Agreement
[Attached]
GEDl53027\456680.1
Intergovernmental Agreement
This Intergovernmental Agreement is entered into between the City of Wheat
Ridge, Colorado (the "City") and the Wheat Ridge Urban Renewal Authority (the
"Authority") as of the 26th day of June, 2006, together referred to as the "Parties"
In consideration of the mutual promises and covenants contained herein, the
receipt and sufficiency of which are acknowledged, the Parties agree as follows:
1 Purpose of Aqreement
This Agreement is entered into in order to establish the rights and responsibilities
of the City and the Authority with respect to (1) operational assistance and (2) the sales
tax increment applicable to the Wheat Ridge Town Center.
2. Operational Assistance
A. Employees
1 Executive Director The City Manager has retained or shall retain a
Director of Community Development and/or a Director of Economic
Development and the Authority has retained said person as the Executive
Director of the Authority When the Executive Director of the Authority is also
an employee of the City, he/she shall maintain records of his/her time spent _
on an hourly basis when serving as Executive Director The Authority shall be
responsible for and pay the City for such time expended on Authority matters
related to the development activities, based upon his/her salary and fringe
benefits
2. Authority Employees The Authority has and may continue to retain
the professional services of other staff, consultants, advisors, experts and
legal counsel as necessary and in accordance with the Urban Renewal Law
3 City Employees Upon request of the Director of the Authority, and
subject to approval of the City Manager or his designee, City employees may
be assigned to work for the Authority Such approval of the Manager shall
include the right to limit or to withhold assignment of City employees to work
for the Authority if, in judgment of the City Manager, the assignment of such
employee(s) to work for the Authority is impairing the employee(s)' ability to
complete his/her City duties. While performing services for the Authority, such
City employees shall coordinate their services with the Director
4 Employment Records While serving as employees for or providing
services to the Authority, records shall be maintained of such City employees'
work, time and services The expenses of such services attributable to the
Authority shall be billed to the Authority by the City
WRURA IGA
B Personnel Actions Related to Emplovees
1 Notwithstanding Section 2A 1, the selection, termination and other
personnel actions related to any person performing the functions of the
Executive Director of the Authority, who is not a City employee, shall be made
by the Board of Commissioners of the Authority. The Board of
Commissioners of the Authority agrees to consult with the City Manager prior
to the retention of an Executive Director regarding methods and areas of
cooperation between the Authority and the City relating to duties of the
Executive Director vis-a-vis contemporaneous City duties, if any, and
utilization of other City employees
2. The selection, description of duties and services, termination and
other personnel actions related to all other employees, consultants, experts,
attorneys and advisors of the Authority shall be made by the Authority's Board
of Commissioners
-
3 Personnel actions relating to City employees shall in no manner be
affected by this Agreement. In the event of any personnel action relating to
any City employee while working under the terms and provisions of this
Agreement, such action shall be subject to the City's personnel rules and
regulations.
C Salaries and Procedures
1 The salary of the Executive Director of the Authority shall be
established by the Board of Commissioners of the Authority; provided,
however, in the event the Executive Director hired by the Authority is also a
City employee, the Authority agrees that his/her total salary shall be in
accordance with the salary set by the City for the Director's position with the
City; and the portion thereof attributable to the Authority shall be allocated
and paid as provided in this Agreement.
2. The salaries/fees of all other employees, consultants, experts,
attorneys and advisors of the Authority shall be established by the Board of
Commissioners of the Authority Any Authority employee may be included in
benefit programs available to City employees and the Authority shall pay for
the costs thereof
D Other Services
1 The City may provide the Authority with such other services as may
be required in order to perform its urban renewal functions including, but not
limited to, accounting, financial and budget management, planning services
2
and engineering services, provided, however, that nothing herein shall be
construed as prohibiting the Authority from contracting with or retaining third
parties to provide all or a portion of any services. Records of all expenses and
salaries related to such City services shall be maintained, and the Authority
shall be billed by the City and pay the City therefore
2 Annual or any special financial audits shall be performed by the
City's independent auditor All costs of any such audit or financial services
shall be billed to and paid by the Authority
E Office Space, FurnishinQs
The City may make available appropriate office space and office
equipment to the Authority All furnishings, equipment and supplies for the
Authority may be acquired by the Authority or rented from the City. All
furnishings and equipment loaned or rented to the Authority by the City shall
be billed to and paid by the Authority and remain the property of the City All
furnishings and equipment acquired by the Authority shall become the
property of the City upon the dissolution of the Authority
F. Operations Inteqration
1 City Codes. The Authority shall comply with applicable City
ordinances, codes, rules and regulations related to the development and/or
redevelopment of the urban renewal areas, except as provided otherwise in
the urban renewal plans and the Colorado Urban Renewal Law.
-
2. Reports to Council. The City Council shall be informed of the
activities, functions, operations, legal processes and financial/budgetary
administration and condition of the Authority on a periodic basis and as
requested by Council.
3 MeetinQs. The Board of Commissioners and City Council shall meet
at the request of the Council to communicate and coordinate activities,
functions and share ideas and actions related to carrying out urban renewal
and/or redevelopment projects.
4 Powers of Authority. The parties acknowledge and agree that the
Board of Commissioners shall exercise all powers provided in the Urban
Renewal Law and as provided in the urban renewal (redevelopment) plans
adopted by Council
G Insurance
The Authority shall pay for its own public liability insurance and other
insurance requirements, provided, however, that the City and the Authority agree
3
to include the Authority as an additional separate insured within the existing
liability insurance coverages as a part of the services to be provided by the City
to the Authority under the terms and provisions of this Agreement.
H. Reimbursement of City
-
The Authority shall reimburse the City for salaries, rents and costs
incurred by the City in providing employees, insurance, equipment, facilities,
services and supplies as provided herein. The City shall file invoices with the
Authority each quarter for employees, facilities, equipment and services rendered
during the immediately preceding quarter, including therein all costs of providing
same Such invoices shall be in sufficient detail and include all costs incurred by
the City and shall sufficiently designate the types of services performed or
provided by the City so that the Authority might properly determine the funds to
which costs are being charged Upon approval of such invoices by the
Commissioners, the Authority shall make arrangements with the City to pay said
invoices It is the intent of the parties that the expenses be paid to the City at the
earliest practicable time, however, the parties agree that this obligation of the
Authority shall not impair the ability of the Authority to obtain debt financing, if
necessary Therefore, the financial obligation created hereunder shall be
subordinated to any financial obligations, bonds, notes or other debt financing
issued by the Authority The total funds due the City by the Authority as provided
herein shall bear interest at a rate agreed upon by the City and the Authority It is
the intent of the parties that the said principal and interest shall be paid in full by
the Authority to the City from funds available to the Authority, including but not
limited to, sales and property tax incremental funds.
3 Wheat RidQe Town Center Sales Tax Increment
A. Sales Tax Increment Defined
The City imposes a sales tax of 3% on retail sales within the City. The
City has adopted the Wheat Ridge Town Center Urban Renewal Plan which was
amended in 2000, which provides for utilization of a sales tax increment in the
commercial area east of Wadsworth Boulevard known as the "Town Center
Project" Sales taxes collected on retail sales within the Town Center Project
Area, as amended and as shown in Exhibit 1, are subject to an allocation formula
whereby a portion of such sales taxes in excess of a defined base represents the
"increment," or increased sales tax revenue, attributable to new retail activity
within the Town Center Project. This increment is shared with the Authority
pursuant to intergovernmental agreement between the Authority and the City.
The City's "base" for calculating the increment was established in January 1981
at $528,330.
4
B Town Center Urban Renewal Plan Amendment
In 2000, the City Council adopted an amendment to the Town Center
Urban Renewal Plan which removed the "northern half' of the urban renewal
area from urban renewal designation The deleted area was subsequently
included in the Wadsworth Boulevard Corridor Redevelopment Plan
C Sales Tax Increment Allocation
The Parties agree that the Town Center Project sales tax increment, as
defined at Section 3.A hereof, shall be allocated between them as follows:
1 For all sales after January 1, 2006 irrespective of actual sales tax
receipts, the City shall retain an amount equal to the sales tax receipts
attributable to the Safeway store for the period November 1, 1994 through
October 31, 1995.
2 After accounting for this retainage, the City and the Authority shall
each receive 50% of the remaining sales tax increment from the Wheat Ridge
Town Center Project.
3 The maximum sales tax increment for the Wheat Ridge Town
Center Project paid to the Authority shall not exceed $100,000 in any fiscal year
The Authority's share of Town Center sales tax increments shall not exceed that
figure in any case
-
4 On or before June 27, 2006, the City shall make a one time
payment to the Authority in the amount of $100,000, to account for outstanding
obligations of the Authority and in consideration of the mutual revocation of the
previous agreements related to allocation of the sales tax increment.
5. The sales tax increment for the Wheat Ridge Town Center is
hereby extended to and including December 31, 2010
D Ratification of Prior Actions
The City and the Authority waive any claim under for under or
overpayments as between them for all years prior to 2006 The City and the
Authority each hereby ratify all prior actions taken by the other in reliance on prior
intergovernmental agreements between them.
4. City and Authoritv Separate
Nothing in this Agreement shall be interpreted in any manner as constituting the
City or its officials, representatives, consultants or employees as the agents or
employees of the Authority, or the Authority or its officials, representatives, consultants
5
or employees as the agents or employees of the City Each entity shall remain separate,
subject to the cooperation and coordination of each entity's respective duties and
powers with regard to urban renewal (redevelopment) activities. Neither party shall
hereby assume the debts, obligations or liabilities of the other The Authority shall be
responsible for carrying out its duties and functions in accordance with the Colorado
Urban Renewal Law, the urban renewal plans and other applicable laws and
regulations.
5 Effect on Prior Aqreements
All existing/prior cooperation agreements and/or intergovernmental agreements
between the City and the Authority are hereby rescinded The terms of this Agreement
shall control the relationship between and activities of the City and the Authority
6 Termination
This Agreement may be terminated by the mutual consent of the parties at any
time after giving at least (30) days written notice of intention to so terminate, provided,
however, termination of this Agreement shall not release the Authority from its obligation
to pay the funds due the City as provided herein, unless such obligation is specifically
terminated by the City
7 No Debt
-
Nothing herein shall be construed as constituting any multi-year fiscal obligation
within the meaning of Article X, Section 20 of the Colorado Constitution. it being the
intention of the parties that all fiscal obligations herein be subject to annual
appropriation
8 Further Assurances
The Parties agree to take such further acts as necessary to implement the
provisions of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first set forth above
WHEAT RIDGE URBAN RENEWAL AUTHORITY
By'
Chair
6
STATE OF COLORADO
)
) ss.
County of Jefferson
The foregoing instrument
, 2006 by
Ridge Urban Renewal Authority
was acknowledged before me this _ day of
, as of the Wheat
Notary Public
My Commission expires'
CITY OF WHEAT RIDGE, COLORADO
By'
Jerry DiTullio, Mayor
-.
ATTEST
APPROVED AS TO FORM.
Pamela Anderson, City Clerk
Gerald E. Dahl, City Attorney
7
STATE OF COLORADO
)
) ss.
County of Jefferson
The foregoing instrument was acknowledged before me this _ day of
, 2006 by Jerry DiTullio as Mayor and Pamela Anderson as City Clerk of
the City of Wheat Ridge, Colorado
Witness my hand and official seal.
My Commission expires
Notary Public
-
8
EXHIBIT 1
!\
-.. - , <----
~ . 2 l~ I . ~
~
.
~ n . n ~
'---
W'
~
0 t~ ~
~ :c ~
f----
" -
~ ~ ~ n
:!: Vl ...
... ffi -
~ ~ ~ ~
: ~ -i..-
~ . t
to- Ie .
~
p .
. .
:J ;; 0
i . ~ b
~ 0
~ ~
.
. ~ 0
, ~
T 0
. .
.
. .
. ~ 11 0
--
..00
. .
~ ."-'
"""
; ~
~ "'"
~
~
n
n ~
7
~
, -~ ~ ( ) if> I
?~ 0
0 ~
>
- ~
. ~~l
f--- ~ N .
~ ~ ~
-
~ j ~ i ~
~
"'
> 1--
0
<r
<r ~
~
~ ////
~
- .---
~ ~
:.
c ,_
:. -
1l ~ - ., ~
.: tTHREE:. "'-CRE LANE
< >
; ~ I"----- ?
$i U 'i
; > f'--
;: if ~
~ II I. __
.: -;r----
,
;. ~ ~
r--
~.
I ~--
----; ~
)----
.
~>--
~ i i~
~ ~ ~
~
~ ~ ~
"'
~ ~ ~
<r
n~
~ ~
~ ~
~ L-
w J9TH.4.\IE
I ( ~
!
~~
-
?
r-
-
I
l~
~
e
r .m
8
.
~l! 0
. . ~
~
x
~
<r
0
>
"'
s 0
<
~ >
~~
'{.
~
~
1 p ~I ~
~ ~I I
l
~~
,
ANTS
.""
.,,,
"'"
:
"'"
~
~ ~~%f~
~ ~~~
~ .;c~ ~
@~ ~
;;~~.
~~
~
;a
~
~ ~
//,(;011
;;
;
IN 38TH AVE
~~~nf11r
Right-af-way ~ Property Line
Sales Tax Increment Area
(
,--
, \1\
ITEM NO:
~l
REQUEST FOR CITY COUNCIL ACTION
~If"'"
lii]IL
COUNCIL MEETING DATE.
June 26, 2006
TITLE:
RESOLUTION 32-2006 - A RESOLUTION APPROVING AN
AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE
CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE
SERVICES
D PUBLIC HEARING
D BIDS/MOTIONS
IZI RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial. D IZI
Yes No
Q1f.~
-
EXECUTIVE SUMMARY:
In 2004, the City commissIOned Dr. Jerry Williams and Dr. Fred Ramquet to complete an assessment
of the police department. During the assessment it was recommended that the police department
consider civilianizing the crime lab function of the police department.
In 2005, the Investigations Bureau had a similar assessment done by former Jefferson County Sheriff
Ron Beckham. During Sheriff Beckham's assessment he also mentIOned that the crime lab should be
civihanized, thus makmg a sworn position available for other police functions.
In January, 2006 the police department received notice that our longtime crime lab Detective was
retiring from the police department. During that same month the police department learned our second
crime lab Detective had been called by the Naval Reserves and was being sent to Kuwait for at least
one year This allowed the police department the opportunity to explore other options in the crime lab
area.
The police department explored a variety of options. Those options included remaining status quo,
civilianizing our sworn positions, or partnering with another law enforcement jurisdiction. After
reviewing our options the department made the decision to seek a partnership with the Lakewood
Police Department because they have a large forensic crime lab staff that can accommodate our needs;
they can provide around the clock coverage; their cnme lab offers processing capabilities that other
jurisdichons could not provide; and their crime lab could provide enhanced cnme scene processing not
currently available.
A staff update regarding various options and discussions with Lakewood about crime lab/cnme scene
services was presented at the April 3, 2006 and June 19,2006 City Council Study Sessions.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The police department had two organizational assessments recommendmg the department explore the
feasibility of civilianizing the forensic crime lab sworn positions. The options available to the
department included leaving the two sworn detechve positions in the crime lab, civilianizmg the
positions, or partnenng with another law enforcement agency that could provide the same or enhanced
level of service.
After reviewing the alternahves, the police department determined the best ophon was to partner with
the Lakewood Police Department. The department will give up one sworn position to fund the hiring
of a crime scene analyst. This provides the department the opportunity to use the second crime lab
position to be utilized in either investigations or patrol. In addition this arrangement provides our -
department with the ability to use all the cnme lab personnel resources from the Lakewood Police
Department at a major cnme scene. This means that our personnel will be able to process major crime
scenes in a shorter amount of time, e.g. processing could take two to three days compared to the two
weeks it took to completely process our last homicide scene.
By funding this new position, the Wheat Ridge Police Department would have immediate access to all
of Lakewood Cnme Lab personnel. The Lakewood Police Department would provide access to three
(3) full time cnme scene analysts and a supervisor to respond to calls in Wheat Ridge. These
additional resources would improve service levels at major crime scenes, processing time would
decrease, thus reducing overtime costs.
ALTERNATIVES CONSIDERED:
1. Maintain two sworn detective positions in the cnme lab. This alternative is not cost efficient and
is no in congruence with the organizational assessments completed in 2004 and 2005
2. Hire two Civilian crime lab technicians. This alternative would require up to a year to hire, train
and certify lab technicians for our department. In addition, it does not provide the cost savings or
operational enhancements of alternative #3.
3. Partner with another agency that provides crime lab functions at a level equal to or greater than our
current crime lab capabilities. The department recommends alternative #3 because it makes the
department more efficient and effective, and enhances our level of service to the community. It
also provides the department the opportumty to redeploy a sworn position to another line-level
assignment within the organization. Finally, this recommendation provides a personnel cost
savings which could be applied to another position or used elsewhere within the department.
The police department recommends alternative #3.
FINANCIAL IMPACT:
The cost for the Lakewood Police Department to hire and train a crime scene analyst would be
approximately $47,300 plus benefits. Salary costs for the first year are estimated at $60,000
Preliminary overtime costs have been estimated at $16,000 per year, bringmg the total cost to $76,000
per year In addition, the department will provide for any additional equipment (digital media storage
unit), lab supplies and mileage reimbursement fees for Lakewood lab personnel when using their
personal vehicles. Our 2006 salary and benefits costs for one senior detective position were a base
salary of $72,069, benefits of$II,675 and estimated overtime of$4,000, bringing the total costs for
the position to $87,774.00. This proposal would save the department approximately $11,774 a year
RECOMMENDED MOTION:
- "I move to approve Resolution 32-2006 - A Resolution Approving an Agreement Between the City of
Lakewood and the City of Wheat Ridge for Cnme Lab/Crime Scene Services."
or,
"I move to deny approval of ResolutIOn 32-2006 - A Resolution Approvmg an Agreement Between
the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services for the
following reason(s) "
Report Prepared by'
Reviewed by'
Jack A. Chism
Chief Daniel G. Brennan
Attachments:
I March 29,2006 Memorandum Regarding Forensic Crime Lab Services
2. Agreement Between City of Lakewood and City of Wheat Ridge
3. Resolution 32-2006
cc. Lakewood Police Department Division Chief Clarene Shelley
060626 Council Actionformfor LakewoodLabContract.doc
-
WHEATRIDGE POLICE DEPARTMENT
MEMORANDUM
TO: Mayor Jerry DiTullio and City Council
VIA: Randy Young, City Manager
FROM: Daniel G. Brennan, Chief of Police
DATE: March 29, 2006
SUBJECT: Forensic Crime Lab Services
--
In 2004, the City contracted with Dr. Jerry Williams and Dr. Fred Rainquet to conduct an
organizational assessment of the Police Department. In the final recommendations
published in January, 2005 the assessment team commented that the police department
should explore conducting a process evaluation of the Forensics Crime Unit to
determine if the department should civilianize the two sworn positions assigned to that
unit. In 2005, the department brought in Sheriff Ronald Beckham (retired) to conduct an
evaluation of the Investigations Bureau. There were several recommendations made to
enhance the Investigations Bureau including a strong recommendation that the
department further explore the feasibility of civilian rather than sworn positions in the
forensic crime unit.
There were several justifications for making the sworn positions in the forensic crime unit
civilian positions. A majority of law enforcement agencies have transitioned from sworn
detectives in crime labs to civilian technicians, making sworn positions available for
operational assignments such as patrol or investigations. The training required for
today's forensic crime labs has become very focused and detailed. Personnel who work
in this field often have college degrees in chemistry or forensic science Finally, the
salaries for non-sworn positions can be less than the salary of a senior police officer
In January, 2006 the police department was presented with an opportunity to move in a
different direction with our crime lab functions. The department received notice that one
of the detectives assigned to this unit was retiring from the police department. During
that same month the police department learned that our second forensic crime unit
detective had been called up by the Naval Reserves and was being sent to Kuwait for at
least a year
Our first challenge was to ensure our current forensic crime unit services continued
uninterrupted. The department worked out a short term agreement with the Jefferson
County Sheriff's Office to provide basic crime lab services to us, with the Lakewood
Police Department agreeing to provide assistance in case of a staffing conflict with the
Sheriff's Office. This left the department with four alternatives that needed to be
explored:
ATTACHMENT 1
Staff Report on Forensic Crime Lab Services
March 29, 2006
Page 2
~ Explore the feasibility of a Jefferson County Crime Lab that would serve
the entire county There have been discussions in the past between
Jefferson County law enforcement agencies to create a regional forensic
crime unit. Unfortunately, these discussions have not reached the stage
of achieving any congruence among the various law enforcement
agencies, particularly in the areas of salary, benefits, FSLA status and a
process on how to merge the various forensic crime units in the county
~ Begin discussions with the Jefferson County Sheriff's Office and the
Lakewood Police Department to determine if either agency was interested
in developing a partnership to provide forensic crime unit services in
Wheat Ridge.
~ Civilianize the Wheat Ridge forensic crime unit function.
~ Continue to staff the forensic crime unit with sworn positions.
The department began the task of contacting police agencies in the metro-area to
determine the best alternative for our department. We looked at determining how various
agencies staffed this function, were positions sworn or non-sworn, the types of services
provided by these forensic crime units; and their willingness to partner with other
agencies. The results of our research were predictable The majority of metro-Denver
police agencies have civilian personnel working in their forensic crime units. The larger
agencies offered a much broader range of forensic crime lab services than smaller
agencies. Those forensic crime labs similar in size to Wheat Ridge, process fingerprint
evidence and have some photo enhancement capabilities. They send all other evidence
processing to the Colorado Bureau of Investigations or private labs.
--
The department's Command Staff reviewed each of these alternatives and determined
that our best alternative was to pursue a partnership with either the Jefferson County
Sheriffs Office or Lakewood Police Department. It was determined that both agencies
provided a broader array of forensic crime services and would provide us with the
opportunity to enhance our forensic crime lab services. Our discussions focused on
determining if either of these agencies were interested in a partnership and could
accommodate the additional workload our agency would generate. We took into
consideration the size of each forensic crime lab, services provided, the time it would
take to transport evidence to and from our department for processing, availability of
personnel, and total costs. During initial discussions it appeared the Sheriff's Office
would not able to accommodate another person in their lab at this time.
Further research and discussion led us to consider a partnership with the Lakewood
Police Department's Crime Lab Lakewood currently has ten (10) employees in their
crime lab (Jefferson County only has seven (7) personnel); including three full time crime
scene technicians and a supervisor Staff from the Lakewood Police Department has
examined our forensic crime unit needs and indicated they are interested in a forensic
crime lab partnership with Wheat Ridge Police Department. Lakewood feels by adding
one additional crime scene technician to their staff they can meet all of our needs plus
offer additional forensic crime scene processing.
Lakewood would make their crime scene technicians available to respond to our
department several times a week to process fingerprint evidence; take the fingerprint
Staff Report on Forensic Crime Lab Services
March 29, 2006
Page 3
evidence back to Lakewood and utilize their A.F I.S (Automated Fingerprint
Identification System) to compare our latent fingerprints to State and National databases
(we have had to schedule time to use the AFIS computer at the Sheriff's Office or CBI in
the past). Additionally, the technicians would provide crime scene processing for our
department at major crime scenes (homicides, serious assaults, etc.) and assist in the
collection of evidence and submission of the evidence. Our department would also have
access to a wide array of other services that would enhance our investigative
capabilities. This is an increase in services over those we have been able to provide to
our community
At this time, each agency feels we should explore a one-year contract with the
Lakewood Police Department. At the end of one-year we would evaluate the
effectiveness of the partnership and address any issues to determine if a long-term
partnership is in order As proposed, the Wheat Ridge Police Department would give up
one sworn detective position from our forensic crime unit to pay for one new Crime
Scene Technician, including all costs (approximately $60,000 in salary and benefits)
associated with that position, compared to the cost of one sworn position ($72,069 in
salary and benefits). In addition, we would budget overtime monies ($16,000) to cover
callouts of additional crime scene personnel for major crime scene processing. This
amount is close to what the department spent in 2005 for crime scene processing duties.
The second forensic crime unit detective position would be returned to a line position
(either Patrol or Investigations).
--
The Lakewood Police Department would be responsible for hiring, training and certifying
the crime scene technician. Lakewood would also be responsible for maintaining staffing
levels to meet both departments' needs. The Wheat Ridge Police Department would
budget overtime monies to cover callouts of additional Lakewood personnel for major
crime scene processing in our community By paying for this new position Wheat Ridge
Police Department would have immediate access to all of the crime lab personnel from
Lakewood We believe that service levels would improve at major crime scenes, more
resources would be available to us, processing time would decrease and an overall a
monetary savings would be realized.
The department recommends pursuing an Inter-Governmental Agreement to contract
laboratory and crime scene services from the Lakewood Police Department for a period
of one year. Total costs will be finalized as we pursue discussions on this matter. At the
end of the contract period, both agencies would meet and discuss any issues with this
partnership Should a decision be made to end the relationship, the police department
would explore the aforementioned alternatives. If both parties agree the partnership is
working well for both agencies, an extension would be appropriate. Discussions on a
regional crime lab remain on-going
DB
AGREEMENT
THIS AGREEMENT is made and entered as of the _ day of _, 2006, by
and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal
corporation, (hereinafter referenced as "Wheat Ridge"), and the CITY OF LAKEWOOD,
COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Lakewood")
RECITALS
WHEREAS, Lakewood possess both a forensic crime lab and personnel that
provide services that enhance investigative capabilities on crime scenes, and
WHEREAS, Wheat Ridge is desirous of utilizing these resources to more
effectively manage its crime scene investigation, and
WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will
adequately staff the crime response team sufficient to service Wheat Ridge's needs, and
WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat
Ridge will receive services equivalent to one (1) full-time employee, and
WHEREAS, the parties wish to establish a cooperative working relationship
between them to provide for the use of the forensic crime lab and personnel hereafter
described in this Agreement.
COVENANTS
--
NOW THEREFORE, in consideration of the recitals, covenants, and promises herein set
forth and other good and valuable consideration herein received, the parties agree as
follows:
1. Definitions. As used herein, the following terms have the meanings set
forth.
a. Ancillary scene/ancillary crime scene. A scene that is not the primary
scene of a call-out. Ancillary scenes include, but are not limited to.
hospitals, vehicles and the Lakewood Police Department when used to
create search warrants and process victims andlor suspects
b Call-out: A request made by either the Wheat Ridge or Lakewood Police
Department for a Crime Scene Analyst, and any other personnel as may
be deemed necessary, to visit a crime scene and to begin the
investigation and analysis necessary to resolve that particular case
c. Court preparation. Includes, but is hot limited to photo processing and
preparation, diagram production, pre-trial meetings, consultation and
other work done to prepare for any court proceedings resulting from a
crime scene investigation.
d. Crime Scene/Scene. Either a primary or ancillary scene as defined in this
section.
e. Crime Scene Analvst: A non-sworn member of the Lakewood Police
Department specializing in crime scene investigation.
ATTACHMENT 2
f Forensic crime lab/crime lab/lab. A lab specially designed to aid in the
investigation and analysis of evidence found at a primary crime scene or
any ancillary crime scene
g. Imaqe analysis. Follow-up work done in the lab, which includes, but is
not limited to review of images and providing stills from surveillance
tapes
h. Latent print work: Follow-up work done in the lab which includes
processing, evaluation and comparison of fingerprints, as well as entry of
such fingerprints into Lakewood's AF I S (Automated Fingerprint
Identification System), AFIX and IAF I S (Integrated Automated
Fingerprint Identification System)
i. Overtime. Time worked by any Crime Scene Analyst beyond the normal
working hours as scheduled on a weekly basis.
Primarv scene/primary crime scene: The location where a crime is
committed.
2. Availabilitv of crime scene investigation resources.
Lakewood shall make its forensic crime lab and personnel available to Wheat Ridge
under the terms set forth in this Agreement.
3. Scope of services.
Wheat Ridge may make a call-out request for a Crime Scene Analyst in the
circumstances as set forth in Exhibit 1 (the "Call-out Policy") herein attached.
Lakewood shall provide the following services to Wheat Ridge in conjunction with
each Wheat Ridge call-out:
a. At least one (1) Crime Scene Analyst at the primary scene of the call-out;
b At least one (1) Crime Scene Analyst at any ancillary scenes;
c. Chemical preparation for any required processing at a scene; and
d. Follow-up preparation and evaluation of evidence in Lakewood's or
Wheat Ridge's lab Follow-up in the lab includes, but is not limited to
i Documentation of clothing and other items of evidentiary value,
ii. Bloodstain pattern analysis both at the scene and in the lab.
Bloodstain pattern analysis includes presumptive testing for blood;
iii. Latent print work;
iv Footwear and tire track processing and comparison,
v Alternate light source examinations;
VI. Fracture match examinations,
vii. Image analysis,
viii. Image processing and the archival storage and reproduction of
images which includes time, material and storage expense,
ix. Report writing and diagramming, which includes laser mapping;
x. Gunshot residue collection;
xi. Court preparation, and
xii. Court testimony
2
4 Procedure.
All evidence that is not needed for immediate forensic examination shall be booked
into Wheat Ridge property and evidence Wheat Ridge shall be responsible for any
required viewings of evidence
5 Standard. access and Qualitv of service.
With regard to all services provided under this Agreement, when responding to a
request from Wheat Ridge, Lakewood shall provide the same standard of service,
quality of service and accessibility to Wheat Ridge, as it does for all of its own call-
outs. At a minimum, at least one (1) Crime Scene Analyst will respond to all major
crime scenes Additional personnel may be called to the scene as necessary and as
they become available In light of the addition of a new full-time Crime Scene
Analyst pursuant to Paragraph 7(a) hereof, it is the expectation of the parties that this
staffing increase will permit a Crime Scene Analyst to respond to any Wheat Ridge
and/or Lakewood call-out for evidence collection.
6 AssiQnments.
Assignments to each call-out shall be made by Lakewood. Wheat Ridge shall
provide security for any Crime Scene Analyst who is at the scene of a Wheat Ridge
incident.
7 Compensation.
-
In return for services provided and access to crime scene investigation resources,
Wheat Ridge shall compensate Lakewood in the following manner'
a. Salary, benefits and other associated costs. Wheat Ridge shall pay the
salary, benefits and other costs associated with Lakewood hiring one (1)
additional, full-time Crime Scene Analyst. During the first twelve (12)
months of employment, salary for said employee shall not exceed
$60,000 Salary shall be payable in advance in monthly installments of
$5,000 Changes in salary, benefits, overtime and other associated costs
of this Agreement shall be made during each party's budget process,
(typically completed in the months of May and June) but in no event shall
such changes be communicated to the other party later than one (1) week
prior to submission of the final budget to the party's respective City
Managers' offices for approval.
b Overtime. Wheat Ridge shall pay all hourly overtime costs for Crime
Scene Analysts on Wheat Ridge call-outs at the overtime rates paid by
Lakewood for all overtime incurred by such Crime Scene Analysts
Within thirty (30) days of receipt of the invoice from Lakewood, Wheat
Ridge shall pay all overtime costs incurred. The parties understand that
the overtime rate may change from time to time, upon 45 days advance
written notice from Lakewood to Wheat Ridge.
3
c Storaqe of diqital media. Within thirty (30) days of the effective date of
this Agreement, Wheat Ridge shall pay Lakewood $780 for the storage of
digital media related to its forensic crime investigation
d. Scope. This Agreement shall not be read to include access to
Lakewood's Computer Forensics Technician.
8 Staffing.
The forensic crime lab shall be staffed by Lakewood employees exclusively
Lakewood shall hire one (1) additional Crime Scene Analyst who will be a Lakewood
employee for all purposes, including, but not limited to' discipline and supervision.
9 Records and retention.
All physical records and evidence generated by the crime lab and its personnel shall
remain in the possession of Lakewood for the limited purpose of forensic
examination. Upon completion of such examination, such physical records and
evidence shall be maintained by Wheat Ridge. Legal ownership of such records and
evidence from any Wheat Ridge crime scene shall remain exclusively with Wheat
Ridge Wheat Ridge shall have all responsibility for responding to records inspection
requests and any subpoenas for records with respect to Wheat Ridge crime scenes.
10 Use of facilities.
Lakewood shall have access to the Wheat Ridge facilities necessary to carry out this
Agreement. Furthermore, Lakewood shall have access to the evidence facility
owned by Wheat Ridge located at 11220 W 45th Avenue, Wheat Ridge, Colorado
80033-2500
11 Compliance with Colorado Constitution Article X Section 20.
The obligations of the parties hereunder are expressly subject to annual
appropriation of amounts necessary in the sole and exclusive discretion of their
respective governing bodies. Nothing in this Agreement constitutes or is intended to
create a multi-year fiscal obligation or debt of either party within the meaning Article
X, Section 20 of the Colorado Constitution.
12. Effective Date.
This Agreement shall take effect on the 1st day of June, 2006, or upon execution of
this Agreement by both parties, whichever event occurs last.
13 Term.
The term of this Agreement shall be eighteen (18) months from the Effective Date
14 Termination.
Either party may terminate this Agreement for any reason upon providing sixty (60)
days notice to the non-terminating party; provided, however, that the non-terminating
4
party is given at least thirty (30) days to effect a cure Notice of termination must
state the reason the party is terminating the Agreement such that the non-terminating
party is given adequate information to cure. Any notice given under this section shall
be sufficient if personally delivered or if sent by certified mail, return receipt
requested, addressed as follows.
If to Wheat Ridge.
7500 W 29th Ave
Wheat Ridge, CO 80033
With a copy (which shall
not constitute notice) to'
Gerald E. Dahl
Murray Dahl Kuechenmeister
& Renaud LLP
2401 15th Street, Ste. 200
Denver, Colorado 80202
If to Lakewood:
Lakewood Public Safety
Center
445 S Allison Pkwy
Lakewood, CO 80226
With a copy (which shall
not constitute notice) to
Roger Noonan
Lakewood Civic Center
480 S Allison Pkwy
Lakewood, CO 80226
-
Notices personally delivered shall be effective upon delivery Mailed notices
shall be effective three (3) business days after mailing
15 Waiver.
Failure to insist upon strict compliance with any of the terms, covenants andlor
conditions hereof shall not be deemed a waiver of such terms, covenants andlor
conditions, nor shall any waiver or relinquishment of any right or power hereunder at
anyone time or more times be deemed a waiver or relinquishment of such right or
power at any other time or times.
16 Amendments to Aareement.
No changes, alterations or modifications to any of the provisions hereof shall be
effective unless contained in a written agreement signed by both parties.
17 Entire Aareement.
This Agreement shall constitute the entire agreement between the parties hereto and
shall supersede all prior contracts, agreements, proposals, representations,
negotiations and letters of intent, whether written or oral, pertaining to the subject
matter of this Agreement.
5
18. GoverninQlaw; severabilitv.
The laws of the State of Colorado shall govern the interpretation, validity,
performance and enforcement of this Agreement. For the resolution of any dispute
arising hereunder, jurisdiction and venue shall be proper and exclusive in the Courts
of the County of Jefferson, State of Colorado If any provision of this Agreement
shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby
19 ParaQraph headinQs.
Paragraph headings are inserted for convenience only and in no way limit or define
the interpretation to be placed upon this Agreement.
20 SindinQ aQreement.
This Agreement shall be binding upon and for the benefit of the parties hereto, their
successors and assigns.
IN WITNES WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
WHEAT RIDGE.
ATTEST
CITY OF WHEAT RIDGE, COLORADO, a
Colorado municipal corporation
By'
Pam Anderson, City Clerk
By'
Daniel Brennan, Chief of Police
Approved as to form.
By'
Gerald Dahl, City Attorney
LAKEWOOD'
ATTEST
CITY OF LAKEWOOD, COLORADO, a
Colorado municipal corporation
By'
Margy Greer, City Clerk
By'
Ronald R. Burns, Chief of Police
Approved as to form.
By'
Office of the City Attorney
Exhibit _1_ Call-out Policy
Call-out Policy
1 Homicides and attempted homicides
2. Questionable (suspicious) and accidental deaths
3 Suicides
4 Felony Sex Assaults
5 First & Second degree assaults on police or fire personnel.
6 Assaults with potentially life threatening injuries to any person.
7 Fire investigations involving human death or potentially life threatening injuries,
or at the request of fire investigators for technical assistance
8 Felony child abuse.
9 First or Second degree kidnapping
10 Police involved shootings
11 Other types of incidents when the sensitivity of the investigation or a forensic
complexity precludes the normal processing option, at the discretion of the
supervisor
-
[For reference only - not a part of the Agreement above]
7
Addendum. Current walles of emplovees:
Dave DeHaan: $27 50/hr
Josh Markham-Gallegos $24 80
Sheri Shimamoto $23 50
Patrick Bohan (supv) $3516
$41.25/hr aT
$37.20/hr aT
$35.25/hr aT
$52.74/hr aT
-
8
RESOLUTION 32
Series of 2006
TITLE:
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE CITY OF LAKEWOOD
AND THE CITY OF WHEAT RIDGE FOR CRIME
LAB/CRIME SCENE SERVICES
WHEREAS, Lakewood possesses both a forensic crime lab and personnel that
provide services that enhance investigative capabilities on crime scenes, and
WHEREAS, Wheat Ridge is desirous of utilizing these resources to more
effectively manage its crime scene investigation, and
WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will
adequately staff the crime response team sufficient to service Wheat Ridge's
needs,and
WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat
Ridge will receive services equivalent to one (1) full-time employee, and
WHEREAS, the parties wish to establish a cooperative working relationship
between them to provide for the use of the forensic crime lab and personnel
hereafter described in this Agreement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
--
The City of Wheat Ridge and the CIty of Lakewood shall enter into an
eighteen month agreement for Crime Scene and Crime Lab services. At
the end of the agreement penod, the agreement will be reviewed and a
decision to extend the agreement can be made With the approval of both
the City of Wheat fudge and the City of Lakewood.
DONE AND RESOLVED THIS 26th DAY OF June 2006.
Jerry Ditullio, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 3
"
CITIZENS' RIGHT TO SPEAK
DATE: JUNE 26. 2006
ANY PERSON MAY SPEAK ON MATTERS FOR A MAXIMUM OF
THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF
COUNCIL.
EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME,
ADDRESS, AND TOPIC OF COMMENT.
GENERAL AGENDA ITEM COMMENT ROSTER
DATE:
JUNE 26, 2006
ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST
SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER.
THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A
PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER.
NAME
ADDRESS
? 70:3 ;4 Y'115-"7
-2.. ~ tv -2---
~
AGENDA ITEM NO.
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO. __
PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
COUNCIL BILL NO. 13-2006
TITLE:
COUNCIL BILL NO 13-2006 - AN ORDINANCE ADOPTING A NEW ARTICLE X OF
CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND
MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF
CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY
PRACTICE.
YOUR RAME Al!ID ADDRESS I CHECK
IN FAVOR OPPOSED
..
IF YOU IilEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO. S
PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
COUNCIL BILL NO.
TITLE:
PUBLIC MEETING ON 2007 BUDGET
YOUR RAME Al!ID ADDRESS CHECK
IN FAVOR OPPOSED
"~~~~
.
IF YOU IilEED MORE ROOM PLEASE SIGN ON BACK OF PAGE I
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGERDlI. I..... RO.~
PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
COUNCIL BILL NO.
TITLE:
PUBLIC HEARING ON RESOLUTION 30-2006 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ADOPTING THE
NORTHWEST SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE
WHEAT RIDGE COMPREHENSIVE PLAN
YOUR RAME Al!ID ADDRESS
CHECK
IN FAVOR OPPOSED
~
.~
,-
V
~-- - ------
_ .,~~____.-.-.__u____
..,../
V ----......
IF YOU IilEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl