HomeMy WebLinkAbout09/11/2006
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6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 11. 2006
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF AUQust 28,2006
PROCLAMATIONS AND CEREMONIES
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Proclamation for 2006 National Breast Cancer Awareness Month
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CITIZENS' RIGHT TO SPEAK
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. Approval of the 2006 Microsoft Enterprise Agreement in the amount of
$62,88748
B RESOLUTION 42-2006 - APPROVING A LICENSING AGREEMENT
WITH THE DENVER COUNCIL OF GOVERNMENTS (DRCOG) FOR
THE DENVER REGIONAL AERIAL PHOTOGRAPHY PROJECT.
CITY COUNCIL AGENDA. September 11, 2006
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
PUBLIC HEARING ON RESOLUTION 43-2006 - AUTHORIZING
ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE
AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE
CITY OF WHEAT RIDGE PURSUANT TO THE COLORADO PRIVATE
ACTIVITY BOND CEILING ALLOCATION ACT
ORDINANCES ON FIRST READING
Item 3.
Item 4.
Item 5.
COUNCIL BILL 22-2006 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE
AGRICULTURAL AND PUBLIC FACILITIES TABLE OF USES AND
ACCESSORY USES
(Case No ZOA-06-06)
COUNCIL BILL 23-2006 - AN ORDINANCE AMENDING CHAPTER 26-
603 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
FENCING
(Case No ZOA-06-04)
COUNCIL BILL 24-2006 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF A ZONE CHANGE FROM A-1 , AGRICULTURAL-ONE
AND R-1, RESIDENTIAL-ONE TO PUBLIC FACILITIES ZONE DISTRICT
FOR PROPERTY LOCATED AT 11210 WEST 45TH AVENUE.
(Case No WZ-06-04) (City of Wheat Ridge)
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DECISIONS, RESOLUTIONS, AND MOTIONS
Item 6.
Council Appointment to CML Policy Committee
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
AUQust 28. 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7'00 p.m Councilmembers
present: Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and
Terry Womble; Karen Adams was absent. Also present: City Clerk, Pamela Anderson;
Deputy City Manager Patrick Goff; City Attomey, Gerald Dahl; Director of Community
Development, Alan White; Director of Public Works, Tim Paranto, staff; and interested citizens.
APPROVAL OF MINUTES OF AUQust 14. 2006
Motion by Mr. Schulz for approval of the Minutes of August 14, 2006; seconded by Mrs. Sang
carried 6-0, with Ms. Berry abstaining.
APPROVAL OF AGENDA
Motion to amend the agenda to add as Item 6: A Memorandum of Understanding
between the Colorado Department of Transportation (CDOT) and the City of
Wheat Ridge; seconded by Mrs. Sang, carried 7-0
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Item 1.
CONSENT AGENDA:
A. Renewal of Award RFP-04-38 Forestry Maintenance Services to
various firms in the total amount of $26,207 00.
B. Award ITB-06-50 Randall Park Irrigation Project to Colorado
Designscapes, Inc. in the total amount of $59,761 90
C. Award RFP-06-24 Copier Machine Rentals to IKON Office Solutions,
Inc. in the total amount of $65,000
D Approval of the Settlement Agreement addressing issues raised by the
Local Government Intervenors in the Public Service Company Quality
of Service Application before the Colorado Public Utilities Commission.
E. RESOLUTION 41-2006 - APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) WITH THE METRO WASTEWATER
RECLAMATION DISTRICT FOR THE RELOCATION OF
WASTEWATER FACILITIES AT YOUNGFIELD STREET AND 40TH
AVENUE.
Consent Agenda was introduced and read by Mrs. Sang
Motion by Mrs Sang for approval of the Consent Agenda; seconded by Mr Womble
and Mr Stites, carried 7-0.
CITY COUNCIL MINUTES. August 28, 2006
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 19-2006 - AN ORDINANCE AMENDING SECTION 26-
623 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
EXCAVATION AND DEPOSIT CONTROL.
Mayor DiTullio opened the public hearing.
Council Bill 19-2006 was introduced on second reading by Mr Gokey City Clerk
Pamela Anderson read the executive summary and assigned Ordinance No. 1369
City Council questions and discussion followed.
Mayor DiTullio closed the public hearing
Motion by Mr Gokey to approve Council Bill 19-2006 (Ordinance No 1369) on second
reading and that it take effect 15 days after final publication; seconded by Mr Womble,
carried 7-0.
Item 3.
COUNCIL BILL 20-2006 - AN ORDINANCE AMENDING SECTIONS 26-
204 AND 26-613 OF THE CODE OF LAWS TO INCLUDE MASSAGE
THERAPY
Mayor DiTullio opened the public hearing
Council Bill 20-2006 was introduced on second reading by Mr Gokey City Clerk
Pamela Anderson read the executive summary and assigned Ordinance No. 1370
Mayor DiTullio closed the public hearing
Motion by Mr Gokey to approve Council Bill 20-2006 (Ordinance No 1370) on second
reading and that it take effect 15 days after final publication, seconded by Mrs Sang,
carried 7-0
ORDINANCES ON FIRST READING
Item 4.
Rocky Mountain Bottling
a RESOLUTION 40-2006 - FINDING A PETITION FOR ANNEXATION
OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 16,
TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO
BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1),
COLORADO REVISED STATUTES AND SETTING A HEARING
DATE TO CONSIDER THE ANNEXATION
Resolution 40-2006 was introduced by Mr Schulz and he read the executive summary.
CITY COUNCIL MINUTES' August 28, 2006
Page -3-
Motion by Mr. Schulz to adopt Resolution 40-2006, finding the Coors Glass Plant
annexation to be eligible for annexation and setting a hearing date to consider annexing
the property on October 9, 2006, seconded by Mr Womble and Mrs. Rotola,
Alan White, Director of Community Development, presented a staff report. He stated for
the record that this property is eligible for annexation and it does fulfill an obligation that
we had entered into with the City of Arvada in an IGA with the Arvada Ridge project. He
further stated for the record that the City has 100% of the property owners petitioning for
annexation It is more than 1 16th contiguous with the City's boundaries, and there-is a
community of interest exists in the area proposed for annexation, the area is urban in
character, and the area is capable of being integrated with the City of Wheat Ridge
Motion carried 7-0
b COUNCIL BILL 18-2006 - AN ORDINANCE ANNEXING TO THE
CITY OF WHAT RIDGE UNINCORPORATED TERRITORY KNOWN
AS PARCEL 8, ARVADA RIDGE, LOCATED IN JEFFERSON
COUNTY
Council Bill 18-2006 was introduced on first reading by Mr Schulz.
Motion by Mr Schulz to approve Council Bill 18-2006 on first reading, order it
published, public hearing set for Monday, October 9, 2006 at 7 00 P m in the City
Council Chambers, and that it take effect immediately upon adoption, seconded by Mrs.
- Rotola, carried 7-0
c. COUNCIL BILL 21-2006 - AN ORDINANCE ESTABLISHING
PLANNED INDUSTRIAL DEVELOPMENT ZONING ON PROPERTY
UNDER CONSIDERATION FOR ANNEXATION LOCATED EAST OF
10619 WEST 50TH AVENUE AND FOR APPROVAL OF AN OUTLINE
DEVELOPMENT PLAN
(Case No WZ-06-01)
Council Bill 21-2006 was introduced on first reading by Mr. Schulz.
Motion by Mr. Schulz to approve Council Bill 21-2006 on first reading, order it published,
public hearing set for Monday, October 9, 2006 at 7'00 p m in the City Council
Chambers, and that it take effect 15 days after final publication, seconded by Mrs.
Rotola, carried 7-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 5.
Wheat Ridge Foundation Board of Directors Appointment.
Motion by Mr Stites to appoint Curtis J. Gilmore to the Wheat Ridge Foundation
Board of Directors; term to expire March 2, 2007, seconded by Mr. Womble,
carried 7-0
CITY COUNCil MINUTES. August 28, 2006
Page -4-
Item 6.
Approval of Memorandum of Understanding between the Colorado
Department of Transportation (COOT) and the City of Wheat Ridge.
The item was introduced by Mr. Stites.
Motion by Mr. Stites to approve a memorandum of understanding between the Colorado
Department of Transportation and the City of Wheat Ridge in a form acceptable to the
City Attorney, and conditioned upon receipt by the City, on or before September 1, 2006
of a written commitment from Cabela's, Inc., that it shall provide to, and receipt of the
City, prior to the award of a contract by COOT for the 40th Avenue Underpass, binding
evidence of security for the City's funding of $7.3 million for construction of the 40th
Avenue underpass, all in connection with the proposed Cabela's retail store to be
located within the City; seconded by Mrs Rotola,
Discussion followed
City Treasurer Mary Cavarra asked City Council to consider a special meeting to
discuss this item
Motion carried 7-0.
ELECTED OFFICIALS' MA TIERS
Motion by Mr Gokey to bring these (roof shingles that meet the 110 and 115 mile wind
testing for the insurance down in Texas, and the 90 % efficiency furnace requirement)
up for changes at a future Council meeting for first reading, seconded by Mr Womble
and Mrs. Sang, Motion failed 3-4 with Councilmembers Gokey, Womble, and Sang
voting yes
Motion by Mr Gokey to bring the item of the furnace efficiency and the roof shingle
requirements to an available study session as determined by Mr Stites, seconded by Mr
Schulz.
Mr Gokey asked that the Building Code Advisory Board be present because he would like to
know the process they went through to come up with their decision
Motion carried 7-0.
Mr Stites wanted to announce that the Governor has proclaimed September 2006 Colorado
Firefighter Appreciation Month He thanked Brian Delaet for his Wheat Ridge 2020 Block
Party that he hosted
Mr Womble thanked all those that contributed to the success for the Wheat Ridge Carnation
Festival, with a special thank you to Mike Baran
Mr Schulz stated his appreciation for the positive community participation in all the
Community events.
CITY COUNCIL MINUTES. August 28, 2006
Page -5-
Mrs. Rotola would like to extend the City Council's heartfelt sympathies to former Mayor and
Mrs. Dan Wilde for the recent loss of their son
Mayor DiTullio announced the Hot Rods and Cool Hearts Car Show, September 6th from 10
a.m to 3'00 p.m at 38th Avenue and High Court.
Meeting adjourned at 731 pm
Q ,,,'" (;I QcJ~,
amela Y A~on, City Clerk
APPROVED BY CITY COUNCIL ON SEPTEMBER 11, BY A VOTE OF _ to _
Mike Stites, Council President
The preceding Minutes were prepared according to 947 of Robert's Rules of Order, Le
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.
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2006 National Breast Cancer Awareness Month
WHEREAS, October 2006 IS NatIOnal Breast Cancer Awareness Month; and
WHEREAS, October 20, 2006 IS NatIOnal Mammography Day; and
WHEREAS, breast cancer IS the most common cancer among women, except for skm
cancer;
WHERt:AS, breast cancer IS the second leading cause of cancer death m women, after
lung cancer;
WHEREAS, the chance of developmg mvaslve breast cancer at some time in a woman's
lIve IS about 1 m 8,
WHEREAS, almost 212,920 new cases offemale breast cancer will be diagnosed m 2006
and abut 40,970 will die from the disease; and
WHEREAS, African Amencan women are more likely to die from breast cancer than
women of all other races;
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WHEREAS, an estImated 1,720 cases of male breast cancer wIll be diagnosed 111 2006
and about 460 men will die of the dIsease; and
WHEREAS, death rates from breast cancer have been declImng, and thiS change ]s
believed to be the result of earlier detectIOn and Improved treatment, and
WHEREAS, mammography an x-ray" of the breast-is recogmLed as the smgle most
effectIVe method of detectmg breast changes that may be cancer long before phYSical
symptoms can be seen or felt;
NOW, THEREFORE, L Jerry DiTullio, Mayor of the City of Wheat Ridge, Colorado do
hereby proclaim that the month of October 2006 as NATIONAL BREAST CANCER
AWARENESS MONTH and October 20 as NATIONAL MAMMOGRAPHY DAY 111 the CIty of
Wheat Ridge, Colorado
IN WITNESS THEREOF, I have hereunto set my hand and Seal of the City of Wheat
RIdge, thIS 11th day of September, 2006
ITEM NO: ~I
REQUEST FOR CITY COUNCIL ACTION
~~$~'
~1 ~li t
COUNCIL MEETING DATE:
September 11, 2006
TITLE:
APPROVAL OF THE 2006 MICROSOFT ENTERPRISE
AGREEMENT IN THE AMOUNT OF $62,887.48
D PUBLIC HEARING
IZI BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date'_)
D ORDINANCES FOR 2ND READING
QuasI-Judicial:
IZI
No
City ~G....:>r~
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EXECUTIVE SUMMARY:
Enterprise Agreement (EA) IS a program for software licensing which gives Microsoft customers the
ability to acqUire Microsoft products with a mmimum of effort, amortize the cost, and provide extra
free upgrade benefits. The program IS for a three or five year agreement at pncmg levels we currently
pay. Renewal periods of three or five years are available after the imtial agreement at a reduced cost.
Benefits ofEA are enumerated on Attachment One.
EA includes Software Assurance (SA) which provides upgrades to the newest version of software as it
is released for the duration of the Agreement. Without SA, a new version of the software must be
purchased at full cost when a version upgrade is desired. Attachment Two lists the benefits of the SA
Program.
Projections have been made based on the premIse that a new version of the Microsoft software
becomes available every two years, which is histoncally valid. Under the EA, savings will be realized
m a three year agreement of$38,777 88 or m a five year agreement of$142,749.43. By expanding the
costs of the initial five year agreement and a five year renewal, this results malO year savings of
$375,413 14 The spreadsheets incorporated as Attachment Three define these savings.
In the EA, there is a 'True Up' provision that is calculated once a year. Usage of additional software
applications are reported and paid for during this penod. This simplifies the licensing and
bookkeeping needed to stay current. Licensing compliance information is available over the internet
for ease of admmlstratIon.
From an enterprise wide mformation technology standpomt, there are several provisIOns of the EA
whIch would make our job easier and keep the City of Wheat RIdge within the letter ofthe licensmg
regulations. In additIon, rollout, maintenance, and management of the CIty'S systems would be
streamlined.
From a cost and savings standpomt, I would recommend the five year plan be adopted at a cost of
$62,887.48 per year The Cost Distribution as shown in Attachment Three Illustrates these costs.
Entering into this agreement will result in no IT budgetary over runs. We will leverage and use
existing Microsoft planned purchases with other software acquisitions to enter into the Microsoft
Enterprise Agreement.
COMMISSION/BOARD RECOMMENDA nON:
None
STATEMENT OF THE ISSUES:
Microsoft Annual Software Renewal
AL TERNA nVES CONSIDERED:
Current State of Colorado Microsoft Select Licensmg Program
FINANCIAL IMPACT:
Staff recommends purchasing the five year Microsoft Enterprise Agreement in the amount of
$62,88748 which will save the city $142,749 43 in software licensing over five years. These funds -
are budgeted in the 2006 budget.
RECOMMENDED MOTION:
"I move to approve authorization for the City of Wheat Ridge to enter mto an Enterprise Agreement
with the Microsoft Corporation in the amount of $62,887 48 "
or,
"I move to deny authorization for the City of Wheat Ridge to enter into an Enterpnse Agreement with
the Microsoft CorporatIOn for the followmg reason( s)
Report Prepared by'
ReViewed by'
Michael Stemke, IT Manager
Patrick Goff, Deputy City Manager
Attachmen ts:
1 Enterprise Agreement (EA) Benefits
2. Software Assurance (SA) Benefits
3 3 Yearl5Year Enterprise Agreement Cost Analysis
4. Enterpnse Agreement Quote
Enterprise Agreement (EA)
. 3 or 5 year agreement
. Current State Select Contract is '0' Level pricmg. Enterpnse
Agreement is Level '0 -15%' and also includes support.
· Annualize License and Software Assurance (SA) costs over the length
of the agreement.
· Additional discount of 15% for selecting Desktop Pro (Office Pro,
Windows Operating System, and Core CAL = Desktop Pro)
o Core CAL = Windows CAL, Exchange CAL, System
Management Server CAL, and SharePomt Portal Server CAL
o Synchronized upgrades - simphfied hcensmg
-
. No product activation
. Secondary use rights
. Downgrade rights
. Additional network deployment tools
. Home use program available
· Employee purchase program available
. E-Ieaming software included
· Free Office Resource Kit
· True up procedure once a year to stay current with licensmg
Attachmentl.docATTACHMENT 1
Software Assurance (SA)
. New VersIOn RIghts DS
. Home Use Program DS
. E- Leammg DS
. Problem ResolutIon Support S
. Tech Net S
. Extended Hot Fix Support S
. Traming Vouchers D
. Windows Preinstall envIronment S
- . Corporate Error Reporting DS
. Employee Purchase Plan D
DS = Desktop and/or Server Products
D = Desktop Products
S = Server Products
AttaChmentXTTACHMENT 2
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To: MIKE STEINKE
From: YOUR CARE TEAM REPRESENTATIVE
From Team Email: colorado@softwarespectrum.com
To Fax No:
Quote
Thank you for the opportunity 10 quote on the following products. Please note 1hat prices quoted are subject to change without notice. If you have
any questions, piease contact your Software Spectrum Inside Sales Representative. We look forward to helping you in the future.
Quote #.
11195551 Quote Date: 28-Aug-06
Prepared by: JINNY WlLLIAM5
5 CITY OF WHEAT RIDGE
H P0#58148
~ 7500W29THAVE
WHEAT RIDGE. COLORADO 80033
B CITY OF WHEAT RIDGE
I ACCOUNTS PAYABLE
L 7500 W 29TH AVE
L
Wleat Ridge. CO 80033
T
o
T
o
P0#58148
Line 551 Mft
No Part 10 Part 10
n 1 M146911 A07-00043
Unit
Price
Part Description
MSelect Desktop Pro Annual Payment
L1C/SA Listed Lang
Qty
260
195.26
""!"I' 2 M151257 087-01251
MSelecf Visio Pro 32 Bit Win Annual
Payment L1C/SA Listed Lang
5
125.05
n 3 M151251 H30-00235
MSelect Project Pro 32 Bit Win Annual
Payment L1C/SA Listed Lang
5
249.02
G 4 M151401 389-00153
MSelect MSDN Ent 32 Bit Win LIC/SA EA
Listed Lang
470.43
n 5 M147899 271-01147
MSelect Systems Management Server
Wnt Annual Payment L1C/SA Listed Lang
16640
!J 6 M147887 312-02356
MSelect Exchange Server Wnt Annual
Payment L1C/SA Listed Lang
202.92
[l; 7 M170989 P72-00164
MSelecf Windows Server Ent Wnt Annual
Payment L1C/SA Listed Lang
5
678.02
g 8 M166292 P73-00202
MSelect Windows Server Standard Wnt
Annual Payment L1C/SA Listed Lang
20
208.71
m 9 M150482 359-00851
MSelect SOL CAL Wnt Annual Payment
L1C/SA Device CAL Listed Lang
30
42.19
28-Aug-06
ATTACHMENT 4
Ext
Price Currency
50,767.60 USD
625.25 USD
1.24510 USD
470.43 USD
16640 USD
202.92 USD
3.390.10 USD
4.174.20 USD
1.265.70 USD
Page 1 of 2
line 551 Mft
No PartlD Part 10
n 10 M151387 228-01720
Part Description
MSelect SQL Server Standard Ed Wnt
Annual Payment L1C/SA Listed Lang
Qty
3
Unit
Price
Ext
Price Currency
579.78 USD
193.26
Subtotal:
Freight:
Handling Fee:
Taxable Subtotal:
0.00% Tax:
Total:
62.88748 USD
0.00
0.00
000
0.00
62,887.48
Key
" - Item is in-stock..
" . Stock is low on this item. Please call for additional information.
II . Item will ship direct from manufacturer's warehouse.
[] . Non-shippable/invoice only part.
NR - Non-returnable
... Please note - tax and freight are estimates only
Orders over $20.000 will be accepted only through a Purchase Order Credit card transactions greater than $20.000 will not be accepted.
Buyer understands and acknowledges that Software Spectrum. Inc. ("Company") provides no warranty covering the products purchased
hereunder The respective publisher or manufacturer of each product grants any warranty applicable to such products. THEREFORE. THE
PROOUCTS ARE PROVIDED TO BUYER "AS IS" WITHOUT WARRANTY OF ANY KIND BY COMPANY, EITHER EXPRESS OR IMPLIED.
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE.
NON-INFRINGEMENT, DESIGN. CONDITION. QUALITY. MATERIAL OR WORKMANSHIP COMPANY DOES NOT WARRANT THAT THE
PRODUCTS WILL MEET BUYER'S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR
ERROR FREE. BUYER AGREES TO LOOK SOLELY TO THE MANUFACTURER OR PUBLISHER FOR SA TISF ACTION OF ANY AND ALL
WARRANTY CLAIMS RELATING TO ANY PRODUCTS.
Unless otherwise agreed by Company in writing. Buyer shall have the right to return unopened (the license seal is not broken). stocked software
products subject to the specific terms and conditions imposed by the publisher or distributor of the software product. The manufacturer, publisher
or distributor may provide limited or no returns for products purchased hereunder Buyer acknowledges that it will be subject to the return policies
of the manufacturer, publisher or distributor of the products purchased. For a full description of this right of return. please see Company's invoice.
COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS. LOSS OF BUSINESS OR OTHER INDIRECT. SPECIAL. INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY THIRD PARTY THE RIGHTS OF BUYER SET FORTH HEREIN ARE EXCLUSIVE.
Unless otherwise agreed by Company in writing, payment is due 30 days from date of invoice (unless advance payment is required according to
the terms of Buyer's purchase). Past due amounts will bear interest from due date until paid at the highest rate permitted by applicable law Buyer
agrees to pay all collection and other costs incurred by Company, including reasonable attorney's fees. Buyer must submit any errors or mistakes
on any invoices to Company in writing within 30 days of receipt of such invoice Otherwise. the invoice will be deemed accurate Buyer
understands that affiliates that submit purchase orders will be governed by the terms and conditions hereof. Buyer remains responsible for all
payment obligations ot such affiliates for such products In the event that the affiliate fails to pay Company on a timely basis in accordance with the
terms and conditions hereof.
The Buyer agrees to pay all applicable federal. state or local sales, use, value added and excise taxes and all prices are exclusive of any taxes,
duties or tariffs now or hereafter imposed on the production, storage, sale, transportation, import, export. license or use of any products sold
hereunder
28-Aug-06
Page20f2
ITEM NO. ~ I
REQUEST FOR CITY COUNCIL ACTION
(l:~l
Il(LQU \
COUNCIL MEETING DATE.
September 11, 2006
TITLE:
RESOLUTION 42-2006 - A RESOLUTION APPROVING A
LICENSING AGREEMENT WITH THE DENVER REGIONAL
COUNCIL OF GOVERNMENTS (DRCOG) FOR P ARTICIP A TION
IN THE DENVER REGIONAL AERIAL PHOTOGRAPHY
PROJECT
o PUBLIC HEARING
o BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:_)
o ORDINANCES FOR 2ND READING
Quasi-JudICIal:
~
No
\/5\ DIrector of Public Works
City ~~'1
EXECUTIVE SUMMARY:
The City completed the Geographic Information System (GIS) Master Plan m 2005 to develop a fully
operational platform as identIfied by all City Departments. The master plan suggested that the
Implementation take place over a four year time span. The City is currently implementing part one of
four, which is the assembly ofthe base map. Obtaming aerial photographs IS part of developing the
base map Specifically, aerIal photos will be an important layer of information for many GIS
applications. The City desires to participate in the creation, preparation, use and distribution of digital
photography developed through the Denver RegIOnal AerIal Photography Program, administered by
the Denver RegIOnal Council of Governments (DRCOG). The City, as a participating agency, agrees
to pay its share of the cost of the program, estimated at $3,799, through a licensing agreement. The
CIty Attorney and Public Works Staff have reviewed and recommend that the agreement be approved.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
The City's need for a comprehensive Geographic InformatIon System has grown as rapidly as its
dependence on electronic files. Each of the City Departments has identified its own needs for a GIS
system and a plan for an integrated approach must be developed. AerIal photography will be an
Important base layer of mformation for many GIS applications for various departments. ThIs layer of
mformatlOn is critIcal for all departments who are responsible for managing the City's infrastructure
and/or assets.
DRCOG IS implementing an aerIal photography program yearly. The proposed lIcensing agreement
will allow the CIty to obtain the photos produced m 2006 The CIty wIll be able to obtam the photos
of Wheat Ridge at a low cost, as well as obtam photos for the entIre DROCG managed area that
generally covers the Denver metro area. Moreover, the wider coverage area, beyond City hmits, wllI
be very beneficial to the 911 management system m the PolIce Department.
ALTERNATIVES CONSIDERED:
No executIon of the agreement and aerial photos Will not be obtained from the DRCOG for GIS
applications.
FINANCIAL IMPACT:
Fundmg for this program has been approved as the Aerial Photography/GIS Updates Ime Item of the
2006 Capital Investment Program budget in the amount of$200,000 00 The total cost 01'$3,799 Will
be paid from Account # 30-610-800-872.
RECOMMENDED MOTION:
"I move to approve Resolution 42-2006 - A ResolutIon Approvmg a Licensing Agreement with the
Denver Regional Council of Governments (DRCOG) for Participation m the Denver Regional AerIal
Photography Project.
I further move that a payment of $3,799.00 be authorized for purchase of aerial photos from the
Denver Regional CouncIl of Governments.
1 further move that all costs associated with thIS purchase be paid from account number 30-610-800-
872 and that these funds be encumbered for the length of the project m accordance with Ordinance
#787,1989 Series."
or,
"I move to table indefimtely Resolution 42-2006 - A Resolution Approving a Licensing Agreement
with the Denver Regional Council of Governments (DRCOG) for Participation in the Denver Regional
Aerial Photography Project for the following reason( s) "
Report Prepared by'
Reviewed by'
Steve Nguyen, Engineering Manager
Tim Paranto, Director of Public Warks
Attachments:
1 DRCOG Licensmg Agreement
2. Resolution 42-2006
LICENSING AGREEMENT REGARDING
DENVER REGIONAL AERIAL PHOTOGRAPHY PROJECT
This Agreement is made and entered into this day of , 2006 by
and between the Denver Regional Council of Governments (hereinafter referred to
as uDRCOG") and City of Wheat Ridge (hereinafter referred to as the "Partner").
RECITALS
WHEREAS, the parties desire to cooperate in the creation, preparation, use, and
distribution of digital orthophotography (hereinafter referred to as the "Product")
developed through the Denver Regional Aerial Photography Program referred to as
(UDRAPP")
WHEREAS, the Partner is a governmental or public service entity.
NOW THEREFORE, the parties hereto mutually agree as follows:
1. Purposes
The purposes of this Agreement are to define the rights and obligations of the
parties with respect to the Product and to protection and control the rights,
reproduction, and resale of the Product.
2. Term
The term of this Agreement shall be from the date of execution of this Agreement
through two years following release of the last product update in which the Partner
chooses to participate
3. Partner Participation
The Partner will be notified by DRCOG of planned product updates At that time, the
Partner will be asked to submit a Letter of Intent to participate in the update. The
Partner will also be asked to commit funds as appropriate in its Letter of Intent. If a
Partner chooses not to participate in the next Product update, it should not submit a
Letter of Intent. Following receipt of the Partner's Letter of Intent and upon
completion of updated financial projections, DRCOG will invoice the Partner for its
portion of the Product update costs The Product update will not be released to the
Partner until payment is received by DRCOG.
4. Termination
a. Funds not Available. In the event that enough local Partner funds are not
collected in order to fund the next round of Product updates, this Agreement shall
terminate two years from release of the last Product update. The parties agree
that this Agreement is subject to annual appropriation of funds by Partner, and is
not intended to be, nor is it, a multi-year fiscal obligation of Partner.
b. Termination for Cause If through any cause, either party should fail to fulfill in a
timely and proper manner its obligations under this contract or violate any of the
covenants or stipulations in this Agreement, the wronged party has the right to
terminate this contract by giving sixty (60) days written notice to the other party of
ATTACHMENT 1
such termination. If DRCOG is at fault in this instance, the Partner will be
refunded any payments received for the current Product update If the Partner is
at fault, the Partner will return all copies of the current Product version in its
possession.
5. Payment and License
In consideration for the payment to DRCOG of the license fee set forth in Exhibit A,
attached hereto and incorporated herein by reference, DRCOG grants the Partner a
non-exclusive, non-transferable license to the Product to be used strictly and only in
accordance with the provisions stated in this Agreement. The Partner will receive
one copy of the Product, and any Product updates in which the Partner participates,
in electronic format for the geographical area they have specified. If the Partner is
unable or chooses not to participate in the current Product update, this Agreement
shall terminate two years following release of the latest Product update in which the
Partner did participate
DRCOG shall provide an invoice to the Partner for the fee due (in part or in full) in
accordance with Exhibit A. Partner shall remit the undisputed invoiced amount within
thirty (30) days after receipt of an invoice.
6. Use of Product
a. Current Product Version
i) Permitted Use
(1) The Partner may use the current version of the Product only to meet the
goals and objectives of its business and/or governmental activities.
(2) Contractors engaged by the Partner providing contractual services directly
to the Partner may use the current version of the Product in order to fulfill
these contractual services, so long as there is written agreement between
the Partner and the Contractor that the Product will not be utilized beyond
this purpose.
(3) Derivative images based on the Product may be displayed on the
Partner's World Wide Web site.
ii) Restrictions on Use
(1) Outside of the Permitted Uses listed above, the Partner shall not allow
access to the current version Product by any other person or organization,
by any means, unless authorized in writing by DRCOG.
iii) The Current Product Version is considered proprietary for a period of two
years following product release. After two years, the Product version is
categorized as a Past Product Version, regardless of whether or not a
Product update has been performed
iv) Compliance with Open Records Act
(1) The parties understand that Partner is subject to the Colorado Open
Records Act; CRS 24-72-1001 et. seq The parties agree that the Product
will be considered a "trade secret, privileged information, or confidential
commercial, financial, geological or geophysical information" within the
meaning of CRS 24-72-204(3)(a)(IV), and on that basis that Partner will
deny public requests for inspection and/or copying of the same. DRCOG
agrees to fully participate with Partner in the defense of any action brought
to challenge such denial.
b. Past Product Versions
i) Permitted Use
(1) Past Product versions, that is, those versions that have since been
replaced with a current product version or those version that are more
than two years old, may be distributed to the public at large.
7. Product Resale
a. The Partner shall not resell the Product.
b. The Partner authorizes DRCOG to sell the Product and any Product derivations.
c. The Partner authorizes DRCOG to collect proceeds from sales of the Product
and any Product derivations and to hold this money for future DRAPP projects.
d Whenever applicable, the Partner agrees to direct purchase requests for the
Product to DRCOG or DRCOG's Authorized Reseller(s)
8. Limited Warranty and Remedy
a. Limited Warranty
i) DRCOG shall use its best efforts to ensure that the Product is delivered free
of physical defect.
ii) DRCOG disclaims any other warranties, express or implied, respecting these
terms and conditions or the Product.
b. Remedy
i) Partner's sole and exclusive remedy for breach of this limited warranty will be
to return the Product within 60 days of receipt.
ii) DRCOG shall, at its discretion, replace the Product or repair the Product and
return it to the Partner.
9. Assignment and Transfer
Partner shall not disclose, lease, sell, distribute, make, transfer or assign the Product
or engage in any other transaction which has the effect of transferring the right of
use or part of the Product without the prior written consent of DRCOG, except as
noted in Section 6 above
1 Q. Liability
DRCOG shall not be liable for any activity involving the Product with respect to the
following
a. The fitness of the Product for a particular purpose
b The installation of the Product, its use, or the results obtained.
11. Colorado Law to Govern
This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Colorado.
12. No Continuing Waiver
The waiver of any default by either party or the failure to give notice of any default
shall not constitute waiver of any subsequent default or be deemed to be a failure to
give notice with respect to any subsequent default. Waiver of the breach of any
provision of this Agreement shall not be construed to be a modification of the terms
of this Agreement unless stated to be such in writing and signed by authorized
representatives of both parties.
13. Indemnification
To the extent allowed by law, DRCOG shall indemnify and hold harmless the Partner
against any and all claims, damages, liability, and court awards, including costs,
expenses, and attorneys fees incurred as a result of any act or omission by DRCOG
or its employees, agents, subcontractors, or assignees pursuant to the terms of this
Agreement. To the extent allowed by law, the Partner shall indemnify and hold
harmless DRCOG against any and all claims, damages, liability, and court awards,
including costs, expenses, and attorneys fees incurred as a result of any act or
omission by the Partner or its employees, agents, subcontractors, or assignees
pursuant to the terms of this Agreement.
14. Governmental Immunity
Notwithstanding any other provision of this Agreement to the contrary, no term or
condition of this Agreement shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protection, or other provisions of
the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C R.S , as
now or hereafter amended. The parties understand and agree that liability for claims
for injuries to persons or property arising out of the negligence of either party, their
departments, institutions, agencies, boards, officials, and employees are controlled
and limited by the provisions of Section 24-10-101 et seq., C S R., as now or
hereafter amended
15. Invalid/Unenforceable Provision(s)
If any term or provision of this Agreement or the application thereof to any person or
circumstance shall to any extent be invalid or unenforceable, the remainder of this
agreement shall not be affected thereby, and each term and provision of this
Agreement shall be valid and enforced as written to the fullest extent permitted by
law
16. Integration and Amendment
This Agreement represents the entire agreement between the parties, and there are
no oral or collateral agreements or understandings No subsequent notation,
renewal, addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in a writing executed and approved by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this contract on the
day of , 2006.
CITY OF WHEAT RIDGE
"PARTNER"
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
"DRCOG"
By'
ATTEST:
By:
By:
Executive Director
ATTEST:
By.
Administrative Officer
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 42
Series of 2006
TITLE:
A RESOLUTION APPROVING A LICENSING
AGREEMENT WITH THE DENVER COUNCIL OF
GOVERNMENTS (DRCOG) FOR THE DENVER
REGIONAL AERIAL PHOTOGRAPHY PROJECT
WHEREAS, the City is developmg its mformation system to manage various municipal
functions, and;
WHEREAS, the City Council wishes to obtain digital aerial photos for the Denver
regIOn to be utilIzed with the City's Geographic Information System (GIS); and
WHEREAS, the City desires to participate in the creation, preparation, use and
distribution of digital photography developed through the Denver RegIOnal Aenal Photography
Program, and
WHEREAS, the aerial photographs have been identified in the GIS Master Plan and Its
cost is included in the approved budget, and
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Agreement Approved.
The IIcensmg agreement between the City and the Denver Regional Council of
Governments is hereby approved and the Mayor and City Clerk are authonzed and dIrected to
execute the same.
Section 2. Effective Date: September 11,2006.
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this _ day of
,2006
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
ATTACHMENT 2
.-
ITEM NO Q
REQUEST FOR CITY COUNCIL ACTION
~~1;'1'Cj
r-:~~
--_.~ --
COUNCIL MEETING DATE.
September 11, 2006
TITLE:
RESOLUTION 43-2006 - A RESOLUTION AND ASSIGNMENT
AGREEMENT AUTHORIZING ASSIGNMENT OF THE CITY'S
PRIVATE ACTIVITY BOND ALLOCATION TO THE
COLORADO HOUSING AND FINANCE AUTHORITY
I;g] PUBLIC HEARING
D BIDS/MOTIONS
I;g] RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date' _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial.
I;g]
No
City~r~
EXECUTIVE SUMMARY:
The City of Wheat Ridge has received an allocation of$I,274,760 for the purpose of issuing
Private Activity Bonds (PAB's) in 2006 under the state ceiling imposed by the Tax Reform Act of
1987 P AB's are tax-exempt bonds which may be issued to finance a wide variety of public
infrastructure needs includmg financing land, buildings and/or equipment for manufacturing,
industrial, agricultural or business enterprises. PAB's may also be used for low- and moderate-
income housing projects; hospital facilities; pollution control projects; or redevelopment projects
to acquire property in blighted areas, prepare land for redevelopment and relocate occupants of
structures on the acquired property.
PAB's are not an obligatIOn of the muniCIpality; state law prohibits the municipality from making
debt service payments or from incurnng any other financialliabihty in connection with the bond
issue. The benefiting private company pursuant to a "financmg agreement" pays the principal and
interest on the bonds. (e.g., a lease, installment sale, or loan agreement) between the municipality
and the company.
Staff recommends assigning the City's allocation to the Colorado Housmg and Finance Authority
(CHF A) for the purposes of providmg single-family mortgage loans to low- to moderate-income
persons and families in the City of Wheat Ridge. Between 2003 and 2006, CHF A financed over
$2.2 million through their Single-Family Mortgage Revenue Bond Program for homebuyers in
Wheat Ridge
COMMISSION/BOARD RECOMMENDATION:
None.
ST A TEMENT OF THE ISSUES:
There are currently two avenues in which the cIty could maximize use of Its bonds. 1) partner with
CHFA which often times will match the local agencies bond amount If the project meets their
program cnteria, and 2) apply for a portIon of the Statewide Balance (unallocated or returned
bonds) The Statewide Balance is available to the city If additional allocations of bonds are
needed. Applications for addItional bond allocations can be submitted for conSideration tWice a
year (January and August.) In order to be eligible for additIonal P AB allocations, the city must
demonstrate that It meets the specific purposes of the P AB' s and that bonds can be issued wlthm
the project year (approxImately September 15).
Being unable to administer the bonds at this time, the question becomes, what eXIsting programs
are aVaIlable for partIcipation by the city? There are two alternatives available: 1) return the
unused bonds to the Statewide Balance, or 2) assign our allocation to the CHF A.
City Council approval of an Assignment of Allocation and a Resolution will be necessary to assIgn
the city's 2006 PAB allocation to CHFA. Staff recommends that the City work with Wheat Ridge
2020 in the future to identity speCific projects which could be eligible for future allocations of
PAB's.
ALTERNATIVES CONSIDERED:
Statewide Balance.
Return the bonds to the StateWide Balance for Issuance to other agencies that can demonstrate that
they meet the speCific purposes of the P AB' s and that bonds can be issued Within the project year
CHFA
Assign the city's allocation to CHFA. The Colorado Housing and Finance Authority manages
three (3) independent programs available for the city. They are:
,. Mortgage Revenue Bond Program
)..- Rental Apartment Financing Program
)..- Business Financing Program to aide manufacturing/industrial companies
AssIstance to the City through all three of these programs is always aVaIlable. The mortgage
revenue bond program aSSIsts homebuyers in the low/moderate Income range with down payment
and loan aSSIstance. The Rental Apartment Financing Program will assist a developer In the
acquisition and rehabilitation of apartment units. The Business FinanCIng Program will assist WIth
business/real estate acquisition, purchase of equipment, and loan assistance.
FINANCIAL IMP ACT:
There is no financial impact to the CIty.
RECOMMENDED MOTION:
"I move to approve the Assignment of Allocation between the Colorado Housing and Finance
Authority (CHFA) and the CIty of Wheat RIdge and to adopt Resolution 43-2006 authOrIzing
assignment to the Colorado Housing and Fmance Authonty of a Private ActIvity Bond Allocation of
the CIty of Wheat Ridge pursuant to the Colorado Private ActIvity Bond CeilIng Allocation Act in the
amount of $1,274,760 thereby desIgnating the city's PAB allocation to CHFA for the purpose of
provldmg single-family mortgage loans to low- and moderate-income persons and families."
or,
"I move to return the unused portion of the PAB allocation to the StateWIde Balance."
Report Prepared by: Patrick Goff, Deputy CIty Manager
Attachments:
I ASSIgnment of Allocation
2. Resolution 43-2006
ASSIGNMENT OF ALLOCATION
This Assignment of Allocation (the "Assignment"), dated thIs day of
, is between the City of Wheat Ridge (the "Assignor") and the
Colorado Housing and Finance Authority (the "Assignee").
WITNESSETH'
WHEREAS, the Assignor and the Assignee are authorized and empowered under
the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of
proVIding single-family mortgage loans to low- and moderate-Illcome persons and
families; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"),
restricts the amount of tax-exempt bonds ("Private ActiVity Bonds") which may be issued
III the State to proVide such mortgage loans and for certain other purposes (the "State
Ceiling"); and
WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado
Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado
Revised Statutes (the "Allocation Act"), providing for the allocatIOn of the State Ceiling
among the Assignee and other governmental units in the State, and further proViding for
the assignment of allocations from such other governmental units to the Assignee; and
WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation
Act, the ASSignor has an allocation of the 2006 State Ceiling for the Issuance of a
specified pnncipal amount of Private Activity Bonds prior to September 15, the
"Allocation"); and
WHEREAS, the Assignor has determined that, in order to Illcrease the availability
of adequate affordable housing for low- and moderate-income persons and families
Within the City of Wheat Ridge and elsewhere III the State, it is necessary or desirable to
provide for the utilization of all or a portIOn of the Allocation, and
WHEREAS, the Assignor has determined that the 2006 Allocation, or a portion
thereof, can be utilized most efficiently by assigning it to the ASSignee to issue Private
Activity Bonds for the purpose of providing single-family mortgage loans to low- and
moderate-income persons and families ("Revenue Bonds"), and the Assignee has
expressed its willingness to attempt to issue Revenue Bonds with respect to the 2006
Allocation; and
Icgal\bondcap\homeown\2006assign. doc
ATTACHMENT 1
WHEREAS, the CIty CouncIl of the AssIgnor has determined to assIgn to the
Assignee $1,274,760 of its 2006 Allocation, and the Assignee has agreed to accept such
assignment, whIch is to be eVIdenced by thIs Assignment.
NOW, THEREFORE, in consideration of the premises and the mutual promIses
heremafter set forth, the partIes hereto agree as follows.
I The Assignor hereby assigns to the ASSIgnee $1,274,760 of ItS 2006
Allocation, subject to the terms and condItions contained herein. The Assignor represents
that it has receIved no monetary consideration for said assignment.
2. The Assignee hereby accepts the assignment to it by the Assignor of
$1,274,760 of Assignor's 2006 Allocation, subject to the terms and conditIons contamed
herem. The Assignee agrees to use its best efforts to issue and sell Revenue Bonds, in
one or more series, and to make proceeds of such Revenue Bonds aVaIlable from time to
tIme dunng the period of two (2) years from the date of this Assignment for the purchase
of mortgage loans in at least the aggregate amount of $1,274,760 to finance single-family
housmg faCIlIties located m the CIty of Wheat Ridge. Unless otherwise agreed to in
writing, the mortgage loans will be subject to all applIcable current reqUIrements of
Assignee's mortgage revenue bond program, includmg Assignee's income and purchase
price limits.
3 The Assignor hereby consents to the election by the ASSIgnee, if the
Assignee in ItS discretIOn so deCIdes, to treat all or any portion of the assignment set forth
herem as an allocatIOn for a project WIth a carryforward purpose.
4. The Assignor and ASSIgnee each agree that it wIll take such further action
and adopt such further proceedmgs as may be reqUIred to implement the terms of this
Assignment.
5 Nothmg contained in this Assignment shall oblIgate the Assignee to
finance mortgage loans in any particular amount or at any particular mterest rate or to use
any partIcular percentage of the proceeds of its Revenue Bonds to proVIde mortgage loans
to finance single-famIly housing facIlitIes located in the City of Wheat Ridge.
6 This ASSIgnment IS effective upon execution and is irrevocable.
2
legal\bondcap\homcown \2006a55 ign, doc
IN WITNESS WHEREOF, the parties hereto have duly executed this ASSIgnment
on the date first wntten above.
City of Wheat Ridge
[S E A L]
By.
ATTEST.
Title
By-
Title
COLORADO HOUSING AND FINANCE
AUTHORITY
[S E A L]
By:
ATTEST.
Executive Director
By.
Assistant Secretary
3
legal\bondcaplhomcown\2006ass ign.doc
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 43
Series of 2006
A RESOLUTION AUTHORIZING ASSIGNMENT TO THE
COLORADO HOUSING AND FINANCE AUTHORITY OF A
PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF
WHEAT RIDGE PURSUANT TO THE COLORADO PRIVATE
ACTIVITY BOND CEILING ALLOCATION ACT
WHEREAS, the City of Wheat Ridge is authorized and empowered under the laws of the
State of Colorado (the "State") to issue revenue bonds for the purpose of providing single-family
mortgage loans to low- and moderate-income persons and families; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the
amount of tax-exempt bonds ("Private ActiVity Bonds") which may be issued in the State to
provide such mortgage loans and for certain other purposes, and
WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Pnvate
Activity Bond Ceilmg Allocation Act, Part 17 of Article 32 of Title 24, Colorado ReVIsed
Statutes (the "AllocatiOn Act"), providing for the allocation of the State Ceiling among the
Colorado Housing and Finance Authority (the "Authority") and other governmental units m the
State, and further providing for the assignment of such allocations from such other governmental
umts to the Authority; and
WHEREAS, pursuant to an allocatiOn under SectiOn 24-32-1706 of the Allocation Act,
the City of Wheat Ridge has an allocation of the 2006 State Ceilmg for the issuance of a
specified principal amount of Private Activity Bonds prior to September 15, 2006 (the "2006
Allocation"), and
WHEREAS, the CIty of Wheat Ridge has determined that, m order to mcrease the
availability of adequate affordable housing for low- and moderate-income persons and families
within the City of Wheat Ridge and elsewhere in the State, it is necessary or desirable to provide
for the utilization of all or a portiOn of the 2006 Allocation, and
WHEREAS, the City of Wheat Ridge has determined that the 2006 Allocation, or a
portiOn thereof, can be utilized most efficiently by aSSIgning it to the Authority to issue Pnvate
ActiVIty Bonds for the purpose of providmg smgle-family mortgage loans to low- and moderate-
mcome persons and families, and
WHEREAS, the City Council of the City of Wheat Ridge has determined to assign
$1,274,760 of its 2006 Allocation to the Authonty, which assignment is to be evidenced by an
ASSignment of Allocation between the City of Wheat Ridge and the Authonty (the "Assignment
of AllocatIOn").
IegallboJldcap\homcown\2006reassgn doc
ATTACHMENT 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge as follows:
I The assignment to the Authonty of $1,274,760 of the City of Wheat Ridge's 2006
Allocation be and hereby is approved.
2. The form and substance of the Assignment of Allocation be and hereby are
approved, provided, however, that the Mayor be and hereby is authorized to make such technical
vanatlOns, additions or deletions in or to such Assignment of AllocatIOn as he shall deem
necessary or appropnate and not mconsistent with the approval thereof by this resolution.
3 The City Council of the City of Wheat Ridge be and hereby IS authorized to
execute and deliver the Assignment of Allocation on behalf of the City of Wheat Ridge and to
take such other steps or actions as may be necessary, useful or convenient to effect the aforesaid
assignment in accordance with the intent of this resolution.
4 If any section, paragraph, clause, or provision of this resolution shall for any
reason be held to be invalid or unenforceable, the invalidity or unenforceability of such sechon,
paragraph, clause, or provisIOn shall not affect any of the remaming provisIOns of this resolution.
5 This resolution shall be m full force and effect upon its passage and approval.
PASSED, ADOPTED AND APPROVED this _ day of
,2006
Jerry DiTullio, Mayor
ATTEST
Pamela Y Anderson, City Clerk
COLORADO HOUSING AND FINANCE
AUTHORITY
By:
Executive Director
[SEAL]
ATTEST.
By:
ASSIstant Secretary
2
Icgal\bondcap\homeown \2006reassgn. doc
ITEM NO: :5 I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
September 11, 2006
TITLE:
COUNCIL BILL NO. 22: AN ORDINANCE AMENDING CHAPTER
26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
THE AGRICULTURAL AND PUBLIC FACILITIES TABLE OF
USES AND ACCESSORY USES (CASE NO. ZOA-06-06)
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
cg] ORDINANCES FOR 1ST READING
o ORDINANCES FOR 2ND READING
QU~",-JU. ICIal: 0
tdil-
~
CommunIty Development DIrector
cg]
No
CIty~~4
EXECUTIVE SUMMARY:
ThIS request is for an amendment to Section 26-204 pertaimng to the Agriculture and Pubhc Facilitles
Table of Uses. Govermnent faCIlities WIth outSIde storage are currently speCial uses m the A-I, A-2 and
PF zone dIstncts. Staff IS recommending that those facihtles WIth outSIde storage become permItted
uses m the PF zone.
Staff is also recommendmg modIfied language relatmg to the keepmg of heavy eqmpment as a
permItted accessory use. The parkmg of heavy eqmpment IS a permItted accessory use for agnculturally
zoned propertIes but not pubhc mamtenance facIhtles. ThIS change would permIt the parkmg of
eqmpment on sites used for public mamtenance.
Planmng CommIssIon recommended approval OfthlS request.
ThIS City Councll actlOn IS related to Goal 1 of the StrategIc Plan of creatmg a sustamable Clty
government and Goal 2, planrung for growth and opportumtles.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission revIewed this request at a public heanng held on August 3, 2006 A
recommendatlon of approval was glVen.
There was no one in attendance m the audience who spoke to thIS request.
STATEMENT OF THE ISSUES:
The proposed modIficatlOn WIll allow govermnent facilities WIth outsIde storage as permItted uses m
the PF zone distnct. The Justification for this request IS it WIll allow outsIde storage within the pohce
evidence Impoundment area at the public works shops. These facihtIes would remain specIal uses in A-
I and A-2.
The modlficatlOn to allow heavy equipment as an accessory use will allow the storage of heavy
equipment at the pubhc works mamtenance shop
ALTERNATIVES CONSIDERED:
Do not approve the zomng code amendment.
FINANCIAL IMPACT:
There will be no direct financial Impact related to thIS request.
RECOMMENDED MOTION:
"1 move to approve Council Blll No. 22-2006, Case No ZOA-06-06, on first readmg, order it pubhshed,
public heanng set for October 23,2006 at 7:00 p.m. in the City Council Chambers, and that It take
effect 15 days after final pubhcatlOn."
Report Prepared by: Meredith Reckert (303-235-2848)
ReVIewed by: Alan White
Attachments:
I Council BIll No. 22-2006
2. Planning CommisslOn report without exhibIts
Request for City Council Action-report form
2
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 22-2006
Ordinance No.
TITLE:
AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO THE
AGRICULTURAL AND PUBLIC FACILITIES TABLE OF USES
AND ACCESSORY USES
WHEREAS, govermnental buildings wIth outsIde storage are currently specIal
uses m the Public FacilitIes zone dlstnct;
WHEREAS, the City of Wheat Ridge is desirous of allowmg govermnental
faclhties wIth outsIde storage permitted uses m the Public Facihtles (PF) zone dIStrict;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1.
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l -,'-
Uses Notes A-I A-2 PF
Governmental and quasI-governmental
buildmgs, fire statlons and pubhc utihty Outside storage S S &-P
buildmgs
Section 2. SectlOn 26-204 ofthe Code of Laws, Agriculture and Pubhc Facihtles
Table of Accessory Uses IS hereby amended as follows.
Agricultural and Public Facilities Districts Accessory Uses
Notes
Parkmg of eqmpment, lmplemcnts, machmery and/or large trucks, trailers and
semI-tractor trailers, elliy when used m support of agncultural and public
maintenance operatlOns occurrmg on the premIses
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determmes,
and declares that thIS ordmance IS promulgated under the general pohce power of the CIty
ATTACHMENT 1
I
of Wheat Ridge, that it is promulgated for the health, safety, and welfare ofthe public
and that thIS ordmance IS necessary for the preservatlOn of health and safety and for the
protection ofpubhc convemence 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. Severabihty. If any clause, sentence, paragraph, or part of tills
Zoning code or the application thereof to any person or circumstances shall for any
reason be adjusted by a court of competent JurisdIction mvalid, such Judgment shall not
affect applicatlOn to other persons or circumstances.
Section 5. SupersessIOn Clause. If any provislOn, reqmrements or standard
estabhshed by this Ordmance is found to conflict with SImilar proVIsions, reqUlrements or
standards found elsewhere in the Code of Laws ofthe City of Wheat Ridge, which are in
eXIstence as of the date of adoption of thIS Ordmance, the provlslOns, reqmrements and
standards here shall supersede and prevail.
Section 6. Effective Date. ThIS ordinance shall take effect 15 days after final
pubhcatlOn.
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of
to m this day of , 2006, ordered published in full in a
newspaper of general CIrculation m the City of Wheat Ridge and Public Heanng and
conslderatlOn on final passage set for ,2006, at 7.00 o'clock
p.m., m the CouncIl Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
readmg by a vote of _ to , this day of , 2006.
SIGNED by the Mayor on this
day of
,2006.
JERRY DITULLIO, MAYOR
ATTEST
Pamela Y. Anderson, CIty Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
2
~~,J
GERALD DAHL, CITY ATTORNEY
1 ST pubhcatlOn:
2nd publicatIon.
Wheat Ridge Transcript
Effectlve Date:
3
City of Wheat Ridge
Community Development Department
Memorandum
TO:
FROM:
SUBJECT:
DATE:
Plannmg CommIssIOn
Meredith Reckert
Case No. ZOA-06-04
July 19,2006
ThIS case IS.
o
QuasI-Judicial
~
Leglslatlve
There are two changes bemg proposed wIth thIS zoning code amendment, both of whIch relate to
Case No WZ-06-04 (zone change for the pubhc works shop).
The first component OfthlS request IS an amendment to the SectlOn 26-603 of the zoning and
development code (fencmg regulations) The current regulations allowed barbed WIre fencmg m the
agnculture, commerclal and mdustnaI zone distncts. The pubhc works department would like to
mstall barbed Wlre fencmg around the police eVIdence bmldmg and impoundment lot to secure cnme
eVIdence. ThiS type of fencmg IS not currently permitted m the PF zone The modIfication as
recommended by staff would allow the eVIdence area to be secured.
There would be no other changes to the fencmg regulatlOns. (~~I>>.Qitf1, Amendment to fencmg
regulatlOns ordmance)
The second component of thIS amendment is to modify SectlOn 26-204 as It pertams to the
Agnculture and PublIc FacllItles Table of Uses. Government facihties Without outside storage are
currently permItted uses m the A-I, A-2 and PF zone dlstncts. Government faCl!ltles WIth outside
storage are currently specIal uses m the A-I, A-2 and PF zone dlstncts. Staff is recommendmg that
those facihtles WIth outsIde storage become a permItted use m the PF zone. These facilItIes would
remalll a special use m A-I aTld A-2.
Staff IS also recommendmg modIfied language relatmg to the keeping of heavy eqmpment as a
permitted accessory use. The parkmg of heavy eqmpment IS a permItted accessory use for
agnculturally zoned propertIes but not pubhc mamtenance faclhtles. This change would permIt the
parkmg of eqmpment on SItes used for pubhc mamtenance. (Ekhibit 2, Tahle of Uses)
SUGGESTED MOTION:
"I move to recommend approval of Case No ZOA-06-04 concemmg SectlOn 26-603 (fencmg) and
SectlOn 26-204 (AgrIculture and Pubhc Faclhhes use chart) "
1
ATTACHMENT 2
Sec 26-603. Fences, walls, and obstructions to VIew
DlvlslOnal fences and dlvislOnal walls are permItted in any zone distnct wIth the Issuance
of a fence permIt approved by the community development department in accordance
wIth the requirements of thIS sectlOn.
o Fences and divisional walls permitted.
1 Masonry walls
2. Ornamental iron
3 Woven wire and chainlink.
4 Wood.
5 Hedges.
6 Barbed wire.
a. Barbed wire shall be permitted only in the Agricultural One (A-1) zone district or
within any zone district if located within floodplain areas, or in residential zones for the
keeping of large animals where allowed, provided any barbed wire is located at least
three (3) feet inside of another permitted fence and that the other fence is at least forty-
two (42) inches high, or
b .......Barbed "'fire shall be p~h~i~ed~j!"1;'comm~h~j@liJ~@tfDqqSfriC3/];PublicFacillties{Rf)
Z;9.ri$~;aist~ic~ where placed on top of a six-foot-high fence or higher where permitted
Barbed wire placed on top of a fence shall not be counted toward the height of a fence
The barbed wire placed on top of a fence shall not be greater than two (2) feet in height
and shall point inwards towards the property
EXHIBIT 1
Table of Uses--Agricultural and Public Facilities
TABLE INSET:
A- A- PF
Uses Notes 1 2
Bed-and-breakfast Subject to requirements set forth in S S S
26-608
Cemeteries and crematories Not mcluding funeral homes S S
Churches pansh houses S S
Day care home, large S S
Day care center, large S S
Day care center, small S S
ProvIded that outside runs whIch are
Dog kennels, cattenes, vetennary adjacent to residentially zoned or used S S
hospitals property are no closer than 25 feet to a
side or rear lot line
Electnc transmlSSlOn substations S S
PROHIBITED m A-I. The raising or
General farming and rmsmg or keeping of swine
keeping of stock, bee keepmg, INCLUDED m A-2. The keepmg of P P
poultry or small animals such as swme and/or potbelhed plgS, Sus
rabbIts or chinchillas Scrofa Vittatus, except such ammals
shall not be fed garbage
Foster care home p p
Fish hatchenes p p
Govermnental and quasl-
governmental bmldings, fire No outsIde storage p p p
statlOnsmd publIc utilIty
bmldmgs
Governmental and quasl- Outslde storage S S &-
governmental bmldlllgs, fire
l?VU-TDTry-, '"
TABLE INSET.
Agricultural Districts Accessory Uses Notes
Home occupations Meeting the definition and standards in 9 26-
613
Detached private garage or carport
Household pets, lImIted to no more than 3 Plus therr unweaned offspring
dogs and 4 cats
Parking of eqUlpment, implements,
machinery and/or large trucks, trailers and
semI-tractor trailers, enly when used in
support of agricultural and public
maintenance operations occurring on the
premISes
Pnvate storage sheds, barns, animal shelters
or outbuildmgs
Private SWImming pools and tennis courts See 9 26-603 for related reqmrements
Public utilIty lines and poles, ImgatlOn Includes other sImilar facihtles such as
channels, storm dramage and water supply electnc transmIssion hnes and poles
facihties
Includes other sImilar communications
Public and pnvate communications towers, receiving or sending devIces. None may
exceed 35 feet in height, whether ground or
teleVIsion or radIO antennas structurally mounted. For satellIte earth
receiving statlOns, see 9 26-616 and 26-617
Roommg and/or boardmg for not more than On a contract baSIS for not less than 7 days
2 persons
Water towers or above ground reservOlrs Not m excess of 35 feet
ITEM NO: 5 ,
REQUEST FOR CITY COUNCIL ACTION
,@i$!~ ~
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h1:;"'~'~ ~%"'('\~:"
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COUNCIL MEETING DATE.
September 11, 2006
TITLE:
COUNCIL BILL NO. 24: AN ORDINANCE PROVIDING FOR
APPROVAL OF A ZONE CHANGE FROM A-1, AGRICULTURE-
ONE AND R-1, RESIDENTIAL-ONE TO PUBLIC FACILITIES
ZONE DISTRICT FOR PROPERTY LOCATED AT 11210 W. 45th
AVENUE (CASE NO. WZ-06-04)
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
cg] ORDINANCES FOR 1 ST READING
o ORDINANCES FOR 2ND READING
QuaSI-JudICIal: 0
IlLtoJi
Commumty Development DIrector
cg]
No
~O-;>rd
CltyMan r ~
EXECUTIVE SUMMARY:
ThIS appl1catlon IS for approval of a zone change from Residential-One and Agnculture-One to PublIc
Faclhties District at 11210 W 45th Avenue. The purpose ofthe zone change IS to consolidate zomng on
the Public Works mamtenance shops property. There are also variances reqmred to vanous
development standards of the PF zone dlstnct which must be acted on separately
Plannmg CommlsslOn recommended approval of thIS request.
ThIS City CouncIl actlon IS related to Goal 1 of the StrategIc Plan of creatmg a sustamable Clty
govermnent and Goal 2, plannmg for growth and opportumtles.
COMMISSION/BOARD RECOMMENDATION:
Planmng CommIssIOn revIewed this request at a pubhc hearmg held on August 3, 2006 A
recommendatlOn of approval was gIven for the foJlowmg reasons
1 The proposed zone change WIll consohdate zomng on the property
2. Although not conSIstent WIth the deslgnatlOTI on the Future Land Use Map, It meets the goals
and objectives of other provIsions in the ComprehensIve Plan.
Planmng CommisslOn also recommends approval of vanances to the development standards m the
Pubhc FacilItles zone dIStrict for the following reasons.
1. The vanances wllllegltlmize the eXlstmg condItion on the property.
2. There should be no addltional impact on adjacent properties as a result ofthe variances.
There was one attendee from the neIghborhood at the Plannmg CommisslOn hearing. Kent Young,
11280 W 46th Avenue, expressed several concerns about the request. He mdicated that the use ofthe
western property (police eVIdence area) has had a negatlve Impact due to lIght mtwsion mto his
backyard. He also obJected to the placement of barbed wire on the top ofthe eXIstmg 6' hIgh fence
running along the common property as It is out of character with the residential area. Although there
was a neighborhood meeting held regardmg the zone change request, Mr. Young was out oftown at that
tlme.
Based on Mr. Young's teshmony, Plannmg Commission also strongly recommended the following:
1 The CIty reconfigure the site plan to show the northeast comer ofthe evidence buildmg eastward
with no barbed WIre fencing north of the bmlding.
2. The city will reVIew lightmg to ehminate any spillage onto adJacent properties.
3. The CIty WIll landscape tbe area adJacent to Mr Young's property to obscure the VIew of the
building and to prevent light spIllage.
4 Imgated planters will be placed at the entrance.
PublIc Works is mveshgatmg reviSlOns to the site plan for the polIce eVIdence bmlding property to
reduce the Impacts to the houses to the north. They have mdicated that the plantmg of upright
coniferous trees for buffering cannot occur due to storm water constramts m this area.
STATEMENT OF THE ISSUES:
The western lot of the public works maintenance facility was recently developed mto a pohce eVIdence
Impoundment facihty The current zoning of this lot is R-l, Residentlal-One. In order for the pohce to
effectively use the facihty, two zomng code amendments are bemg processed concurrently WIth thIS
zone change to allow the erectlOn of barbed wire and to allow outsIde storage (Case No ZOA-06-04
and ZOA-06-06)
ALTERNATIVES CONSIDERED:
Do not approve the zone change. As recommended by the City Attorney, demal should occur only at
second readmg, as mdefimtely tablmg the ordinance on first readmg demes the apphcant due process.
FINANCIAL IMPACT:
There WIll be no dIrect financIal Impact related to this request.
2
RECOMMENDED MOTION:
"1 move to approve Council Bill No. 24-2006, Case No. WZ-06-04, a request for approval of a zone
change from A-I, Agnculture-One and R-l, ResidentIal-One to PublIc Facihtles zone dlstnct for
property located at 11210 W 45th Avenue, on first reading, ordered It published, publIc heanng set for
October 23,2006 at 7:00 p.m. in the CIty Council Chambers, and that it take effect 15 days after final
publicatlOn."
Report Prepared by: MeredIth Reckert (303-235-2848)
RevIewed by: Alan WhIte
Attachments:
l. Council Bill No 24-2006
2. Planning CommIssion report wIthout exhibits
Request for City Council Action-report fonn
3
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 24-2006
Ordmance No.
Series of 2006
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
ZONE CHANGE FROM A-I, AGRICULTURE-ONE AND R-l,
RESIDENTIAL-ONE TO PUBLIC FACILITIES ZONE DISTRICT
FOR PROPERTY LOCATED AT 11210 W. 45th AVENUE (CASE
NO. WZ-06-04)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT.
Section 1. Upon apphcatlOn by the City of Wheat Ridge, approval of a zone
change from A-I, Agriculture-One and R-l, Residentlal-One to Pubhc FaCIlitIes zone
distnct for property located at 11210 W. 45th Avenue and pursuant to the findings made
based on testlmony and eVIdence presented at a public heanng before the Wheat Ridge
CIty CounCIl, a zone change is approved for the followmg described land:
LOT 1, HALL SUBDIVISION, THIRD FILING.
AND
THE NORTH 250 FEET OF THE WEST ONE-HALF OF THE EAST TWO-THIRDS
OF THE EAST ONE-HALF OF THE NE ONE-FOURTH SW ONE-FOURTH NW
ONE-FOURTH OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE
6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO
AND
THE NORTH 250 FEET OF THE EAST ONE-HALF OF THE EAST TWO-THIRDS
OF THE E ONE-HALF OF THE NE ONE-FOURTH SW ONE-FOURTH NW ONE-
FOURTH OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST EXCEPT THE
EAST 2 FEET THEREOF PREVIOUSLY CONVEYED BY DEED RECORDED IN
BOOK 2183 AT PAGE 771, COUNTY OF JEFFERSON, STATE OF COLORADO
AND
THAT PORTION OF THE WEST 255 FEET OF THE EAST HALF, NORTHWEST
QUARTER OF SECTION 21, TOWHSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
PRINCIP AL MERIDIAN DESCRIBED AS FOLLOWS BEGINNING AT A POINT
ON THE WEST LINE OF THE EAST HALF, NORTHWEST QUARTER OF SAID
SECTION 21, SAID POINT BEING 104909 FEET NORTH OF THE SOUTH LINE OF
THE EAST HALF, NORTHWEST QUARTER OF SAID SECTION 21, THENCE
ATTACHMENT 1
1
EASTERLY PARLLEL TO THE SOUTH LINE OF THE EAST HALF, NORTHWEST
QUARTER OF SAID SECTION 21 A DISTANCE OF 255 FEET; THENCE
NORTHERLY PARALLEL TO THE WEST LINE OF THE EAST HALF,
NORTHWEST QUARTER OF SAID SECTION 21 A DISTANCE OF 310 FEET TO A
POINT 710 FEET NORTH OF THE NORTH LINE OF THE COUNTY ROAD
KNOWN AS THE NORTH GOLDEN AND DENVER ROAD OR WEST 44TH
AVENUE; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID
COUNTY ROAD A DISTANCE OF 255 FEET TO A POINT ON THE WEST LINE OF
THE EAST HALF, NORTHWEST QUARTER OF SAID SECTION 21, THENCE
SOUTHERLY ALONG THE WEST LINE OF THE EAST HALF, NORTHWEST
QUARTER OF SAID SECTION 21 A DISTANCE OF 310 FEET TO THE POINT OF
BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO
AND
THAT PORTION OF THE EAST 2 FEET OF THE EAST HALF, NORTHEAST
QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER OF SECTION 21,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF
THE EAST HALF NORTHEAST QUARTER SOUTHWEST QUARTER
NORTHWEST QUARTER OF SAID SECTION 21, SAID POINT BEING 1049 09
FEET NORTH OF THE SOUTH LINE OF SOUTHWEST QUARTER NORTHWEST
QUARTER OF SAID SECTION 21, THENCE NORTHERLY ALONG THE EAST
LINE OF THE EAST HALF NORTHEAST QUARTER SOUTHWEST QUARTER
NORTHWEST QUARTER OF SAID SECTION 21 A DISTANCE OF 274.26 FEET TO
THE NORTHEAST CORNER OF THE EAST HALF NORTHEAST QUARTER
SOUTHWEST QUARTER NORTHWEST QUARTER OF SAID SECTION 21,
THENCE WESTERLY ALONG THE NORTH LINE OF THE EAST HALF
NORTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER OF
SAID SECTION 21 A DISTANCE OF TWO FEET, THENCE SOUTHERLY
PARALLEL TO THE EAST LINE OF THE EAST HALF NORTHEAST QUARTER
SOUTHWEST QUARTER NORTHWEST QUARTER OF SAID SECTION 21 A
DISTANCE OF 274.26 FEET TO A POINT 1049.09 FEET NORTH OF THE SOUTH
LINE OF SOUTHWEST QUARTER NORTHWEST QUARTER OF SAID SECTION
21, THENCE EASTERLY A DISTANCE OF TWO FEET TO THE POINT OF
BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO
Section 2. Vested Property Rights. Approval of this zone change and Outlme
Development Plan does not create a vested property nght. Vested property nghts may
only anse and accrue pursuant to the provlslOns of SectlOn 26-121 ofthe Code of Laws of
the City of Wheat Ridge.
Section 3. Safety Clause. The CIty of Wheat Ridge hereby finds, determmes,
and declares that thIS ordmance is promulgated under the general police power of the CIty
of Wheat RIdge, that it is promulgated for the health, safety, and welfare ofthe publIc
and that this ordmance IS necessary for the preservatIOn of health and safety and for the
2
protection ofpublic convemence and welfare. The CIty Council further determines that
the ordmance bears a ratlonal relatlOn to the proper legislative obJect sought to be
attained.
Section 4. Severability. If any clause, sentence, paragraph, or part of this
ZOlllng Code or the applicatlOn thereof to any person or circumstances shall for any
reason be adJusted by a court of competent junsdlction mvahd, such Judgment shall not
affect applIcatlOn to other persons or CIrcumstances.
Section 5. Supersession Clause. If any provislOn, requirements or standard
estabhshed by thIS Ordmance is found to conflict with sImilar provislOns, reqmrements or
standards found elsewhere in the Code of Laws of the CIty of Wheat Ridge, whIch are m
eXlstence as of the date of adoptlOn of thIS Ordmance, the provislOns, reqmrements and
standards here shall supersede and prevaIl.
Section 6 .
ThIs Ordmance shall take effect 15 days after final pubhcatlOn.
INTRODUCED, READ, AND ADOPTED on firstreading by a vote of
to on thIS _ day of , 2006, ordered pubhshed m full in a newspaper
of general circulation m the City of Wheat Ridge and Public Heanng and consideratlOn
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
readmg by a vote of _ to , this day of , 2006.
SIGNED by the Mayor on thIS
day of
,2006
JERRY DITULLIO, MAYOR
ATTEST.
Pamela Y Anderson, CIty Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
3
CITY OF WHEAT RIDGE
PLANI'IilNG DIVISION STAFF REPORT
TO: Planning CommisslOn
CASE MANAGER. M. Reckert
DATE OF MEETING. August 3,2006
CASE NO. & NAME WZ-06-04/City of Wheat Ridge
ACTION REQUESTED. Rezone from Agriculture-One and Residential-One to Public Facilities with
vanances
LOCATION OF REQUEST 11210 W. 45th Avenue
APPLICANT/OWNER: City of Wheat Ridge
APPROXIMATE AREA: 3.5 acres
PRESENT ZONING: A-l, Agriculture-One and R-l, Residential One
COMPREHENSIVE PLAN: AER (Agricultural/Estate Residenual)
ENTER INTO RECORD:
(X)
(X)
o
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULATIONS
(X)
(X)
CASE FILE & PACKET MA TERlALS
DIGITAL PRESENTATION
Location Map
Planning Commission
WZ-06-04/Clty of Wbeat Ridge
1
ATTACHMENT 2
All notlfication and posting requirements have been met; therefore, there is junsdictlOn to hear this
case.
I. REQUEST
This application IS for approval of a zone change from Residential-One and Agnculture-One to PublIc
Facihtles Distnct at 11210 W. 45th Avenue. The purpose of the zone change is to consohdate zomng
on the Public Works mamtenance shops property. There are also variances reqmred to vanous
development standards of the PF zone district which must be acted on separately.
The property IS compnsed of several parcels with a combmed total size of 3.5 acres. It is utilized as
the public works mamtenance yard and includes numerous buildings including a sand barn, fueling
statlOn, service bays, police evidence bmlding and rmpoundment area and admmistrative offices.
There IS also outside storage of various pieces of city maintenance eqmpment and bulk material.
Access to the property is from the east where W. 45th Avenue dead ends into the property.
II. PROPERTY HISTORY
The property IS currently zoned Agriculture-One and Residential-0ne.
The City historically had a publIc facilIties zone district (Public Buildings and FacilIties Distnct) m the
1970's and 1980's however, when the zoning and development code was rewritten m 1988, thIS zone
dlstnct category was removed. At that time, It was llltended that public buildmgs and uses be
controlled as condItional uses or special uses within the residential, agncultural and commercial zone
dlStnCtS. Staff had recommended to City Council that any nonconformmg properties with publIc
facihties zoning be rezoned to A-I and City Council agreed.
In 1996, the pubhc works shops yard was rezoned from Public Buildings and Facihties to Agnculture-
One WIth a special use permit to allow expanSlOn of a governmental faclhty WIth outSIde storage
These approvals were granted by CIty Council on February 27, 1997. At the tIme of the zone change,
the property was deSIgnated as Pubhc/Quasl-Pubhc on the ComprehensIve Plan Future Land Use Map
The intent of the zone change was to facilItate construction of a new building on the shops SIte. The
new structure was to be used to provide storage for the City's street sweepers and mcluded restrooms
avaIlable for use by pohce officers on the mght ShIft. ThIS buildmg IS located at the southeast comer of
the site.~Exlstmg condItions map)
In 2000, the Clty of Wheat Ridge acqmred a vacant pIece ofR-l zoned property duectly to the west of
the eXlstmg mamtenance yard (referred to in thIS report as the new portlOn ofthe SIte) The
ComprehensIve Plan was also rewntten and adopted m 2000 whIch reclassIfied the pubhc wmks shop
property as AER (Agnculture/Estate Resldenhal- Not to exceed one unit per acre)
In 2001, the zorung and development code was rewntten and a pubhc faclhtles zone dlStnCt was added
back In. ~ubhc Facihtles dlstnCt) Govermnental and quasI-governmental faclhtJes
Planning Commission
WZ-06-04/City of Wheat Ridge
2
without outside storage are also permitted in the residential, agncultural, commercIal and indusmal
zone districts. Facilities wIth outside storage are a special use III these same zone districts.
In September 2004, a master pIan for the CIty'S public works and parks maintenance facilIties was
completed and adopted. In late spring of2005, a building permit was issued for the western-most
parcel to allow construction of the police evidence buildmg on the new portlOn of the SIte. __
Police eVIdence buildmg site plan) Outside storage IS required for impounded vehicles and bicycles
but because ofthe R-l zomng, no outside storage is allowed under the eXIsting zoning conditions. A
zone change to PF district, as amended by Case No. ZOA-06-04, would allow the outsIde storage.
This bmldmg does not have water or sewer service to It.
III. ZONE CHANGE CRITERIA
Staff has the followmg comments regarding the criteria used to evaluate a change m zone.
1. That the existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is an error.
The offiCIal zonmg map is not m error. The parcels are currently zoned Agrlculture-One and
ReSIdential-One.
2. That a change in character in the area has occurred due to installation of public facilities,
other zone changes, new growth trends, deterioration, or development transitions, and that the
evidence supports the rmding of the following.
The property has mstoncally been used as a pubhc works mamtenance facihty both in unmcorporated
Jefferson County and then by the City of Wheat Ridge after mcorporatlOn. Approval ofthe zone
change WIll bring the property's zoning lllto conformance with the mtent of the Pubhc Facilities zone
dIstnct an,! its hlstonc use.
3. That the change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies, and other related policies or plans for the area.
The ComprehensIve Plan future land use map designates this property as Agriculture/Estate
Resldentlal. The proposed rezoning would be clearly mconslstent with tills deslgnatlon.
The ComprehenslVe Plan states that the AER areas are to conSIst of neIghborhoods WIth very low
denSIty housmg and a predommantly rural character Desired attributes mclude well mamtained
dwellmgs, lots compnsed pnmarily of open land, farm or ranch ammals permItted, accessory
structures that assist in the productlOn of value-added agncultural products, and pnvate and unpaved
roads. Staff concludes that the Future Land use map does not recognize the historic and eXlstmg
condItlOns and use ofthe property
The facihty houses operatlOns that are baSIC servIce provlJerl to the CltJzens of Wheat RIdge.
ExpaDslOn uf the facihty IS necessary to proVlde Cltlzens WIth the highcst lcvel of servIces possible. In
partIcular, goals and polICIes of the ComprehenslVe Plan whIch apply to thIS sltuatlOn are.
Planning Co; SSlon
WZ-06-04/Clty of Wheat Ridge
3
· To plan for and equitably provide cItizens of Wheat Ridge with the highest level ofpublic
servIces.
· To promote polIce services within all areas of the city.
. To improve and add traffic controls and synchronized signals.
· To Improve and upgrade the City's existing infrastructure through capital Improvements
projects.
4. That the proposed change of zone is compatible with the surrounding area and there will
be minimal adverse impacts considering the benefits to be derived.
The property IS surrounded on all SIdes by reSIdentIal. Although the true use of the property could be
consIdered seml-mdustnal m nature, proper screening will improve compatibihty WIth adjacent uses.
The old portion ofthe site is surrounded with a 6' high wooden fence with barbed wire on the top The
police evidence buildmg (new portion) is surrounded by a 6' high sohd wooden fence.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
The demand from citizens and busmesses in Wheat Ridge for publIc services mcludmg pohce
protection and street maintenance will contmue to increase. The zone change and the ability to have
outsIde storage adjacent to the police evidence building will proVIde a publIc benefit.
6. That adequate infrastructure/facilities are available to serve the type of uses allowed by
the change of zone, or that the applicant will upgrade and provide such where they do not exist
or are under capacity.
All agencIes are currently servmg the property and will continue to do so
7. That the change of zone will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating drainage problems, or seriously reducing light and
air to the adjacent properties.
The proposed zone change should not negatlvely affect public health, safety and welfare by mcreasing
traffic to and from the SIte. Traffic generation will remam the same. Dramage on the property will
follow hlstonc flows.
8. That the change of zone will not create an isolated or spot zone district unrelated to
adjacent or nearby areas.
The use of the property smce the late 1960's has been as a mamtenance faclhty The zone change IS
supported by goals and mtent m the ComprehensIve Plan.
Variances
The attached map has the reqmred setbacks m the PF zone dlStnct supenmposed on the existmg Site
conmtlons where several encroachments mto the reqmred setbacks m the "old" portIOn ofthe SIte are
depIcted ~Slte encroachment map) Those encroachments mclude the vehIcle storage
Planning Commission 4
WZ-06-04/CIty of Wheat RIdge
building, the administration/vehicle mamtenance building and two sheds Th 1. .d
" ".. . e po Ice eVI ence
structure on,the n~w portIOn of the s.lte meets setback. The zone district also requires 20% coverage
by landscapmg which won't be met wIth the eXlstmg conditions,
Pursuant to section 26-115, where a variance or waiver is made a part of another administrative
process, the Planning Commission and/or City Council can decide upon the variance.
The variance can be considered currently with the other process; however, the voting ratio as applied
to the board of adJustment shall be followed (3/4 majonty vote for approval).
Staffhas the following comments regarding the critena used to evaluate a vanance request.
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located?
If the request is demed, the property may still receIve a reasonable return m use. The property
will still be utilIzed as the pubhc works shops and mamtenance facility.
2. If the variance were granted, would it alter the essential character of the locality?
The encroachments already exist therefore; there should be no addltionallmpact on the
character of the area.
3. Does the particular physical surrounding, shape or topographical condition of the specific
property involved result in a particular and unique hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were carried
out?
There are no umque physical condltlons related to shape or topography that render any portion of
the property in questlOn unbuildable.
4. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
No, most of the structures encroacillng into the required setbacks were m place pnor to the
mcorporatlon of the CIty of Wheat Ridge. The vehicle storage building was approved by City
Council as part ofthe 1996 zone char ,e and special use approval.
5. Would the granting of the variance be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located, by,
among other things, impairing the adequate supply of light and air to adjacent property,
substantially increasing the congestion in public streets or increasing the danger of fire or
endangering the public safety, or substantially diminishing or impairing property values
within the neighborhood?
Approval ofthe vanances would not be detnmental to the publIc welfare or lllJunous to other
property m the area. Slllce the bUlldings are eXlstmg, tht're will not be an Impact to the sup' y of
hght and au to the adJacent properties The vanances request would not result III an mcreast' m
Planning Commission
WZ-06-04/City of Wheat Ridge
5
congestion in publIc streets or endanger the publIc safety. There will be no impact on property
values.
6. If criteria 1 through 5 are found, then, would the granting of the variance result in a
benefit or contribution to the neighborhood or the community, as distinguished from an
individual benefit on the part of the applicant, or would granting of the variance result in a
reasonable accommodation of a person with disabilities?
The request would not result in a reasonable accommodatlOn of a person with disabilities.
VI. NEIGHBORHOOD MEETING
The requITed pre-apphc~tion meeting f~O?d input was held. on June 6, 2006..:.here was
one attendee from the neIghborhood. .... ,c,,, . elghborhood Meetmg Recap and lIB,
Attendance List)
VII. AGENCY REFERRALS
All affected service agencies were contacted regarding the ability to continue servmg the property
Arvada Fire Protection District: All issues have been resolved.
Valley Water District: Can continue serving the property. If future fire hydrants and fire spnnkler
hnes are requITed, a looped water main would be reqmred. No additional water taps will be permitted
WIthout a looped water line.
VIII. STAFF CONCLUSIONS AND RECOMMENDATION
The proposed zone change will consolIdate zoning on the property The ComprehenslVe Plan Future
Land Use map does not recognIze the eXlstmg condltlons on the property Although not conSIstent
WIth the deSIgnation on the Future Land Use map, It meets the goals and obJectlves of other provislOns
m the Comprehensive Plan. The vanances to the development regulatlons of the Public Facihties zone
distrlct wllllegitlmlze the eXlstmg condltlons on the property There should be no additlOnallmpact on
adjacent propertIes as a result ofthe variances.
IX. SUGGESTED MOTIONS:
Option A: "1 move to recommend APPROVAL of Case No WZ-06-04, a request for approval of a
zone change from Agnculture-One and ReSIdentIal-One to Pubhc Facihtles dlstrlct for property
located at 11210 W. 45th Avenue for the folloWlllg reasons
1 The proposed zone change will consohdate zoning on the property
2 Although not conSIstent WIth the deSIgnation on the Future Land Use map, it meets the goals
and objectlves of other proVISIOns m the ComprehensIve Plan."
Planmng Commission
WZ-06-04/City of Wheat Ridge
6
Option B: "1 move to recommend DENIAL of Case No. WZ-06-04, a request for approval of a zone
change from Agriculture-One and Residential-0ne to Public Facilities distnct for property located at
11210 W. 45th Avenue for the followmg reasons:
1.
2"
VARIANCES
OptlOn A: "I move to recommend APPROVAL of van ances to the development standards m the
Public Facilities zone distnct for property located at 11210 W. 45th Avenue being conSIdered
concurrently with Case No. WZ-06-04, for the fOllowmg reasons:
1 The variances will legitImIze the eXIsting condltlons on the property.
2. There should be no additional impact on adjacent properties as a result of the vanances."
Option B. "1 move to recommend DENIAL ofvanances to the development standards m the PublIc
Facihties zone district for property located at 11210 W. 45th Avenue being considered concurrently
with Case No. WZ-06-04, for the followmg reasons:
1.
2."
Planillng Commission
WZ-06-04/Clty of Wheat Ridge
7
Gl
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
September I I, 2006
'~$~
- ~ \
c,,:~ n~ Un
~
TITLE:
CITY COUNCIL APPOINTMENT TO COLORADO
MUNICIPAL LEAGUE POLICY COMMITTEE
o PUBLIC HEARING
~ BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:_)
o ORDINANCES FOR 2ND READING
Quasi-J udiClal.
o
Yes
~
No
GIlA. GaLeA ~
City Clerk
p~,
---.
Deputy City Manager
EXECUTIVE SUMMARY:
The Mayor and City Manager received a memorandum dated August 8, 2006 (see attachment) from
Sam Mamet, Associate Director ofthe Colorado Municipal League, regarding a call for appointments
to the 2006-07 Policy Committee. The League has asked that the appointment be made by September
15, 2006 The PolIcy Committee sets the policy agenda for the Colorado Mumcipal League.
Appointments are made each fall and members serve for one (1) year Councilor Karen currently
serves as the CML Policy representative.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
The Pohcy CommIttee meets three times a year, with the first meeting set for Thursday, November 9,
2005, and subsequent meetings in the spring. The meetings are dunng the day, and the appointment
may be elected, appomted, or a staff member The committee determined the policy agenda for the
Municipal League including such topics as local control, transportation, tax policy, etc. Attached
please find the current CML Policy Agenda. If an appointment is not made, the CIty of Wheat Ridge
will not have representatlOn or a vote on the Pollcy Committee.
ALTERNATIVES CONSIDERED:
Do not make the appointment.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"1 move to appomt
the term of one year."
to the Colorado Mumcipal League 2006-07 Pollcy Committee for
or,
"I
move
to
deny
the
appointment
for
the
following
reasons
"
Attachments:
1. Memorandum from CML Associate DIrector Sam Mamet.
2. CML Pollcy Agenda.
Report Prepared by:
Reviewed by:
Pam Anderson, City Clerk
Patnck Goff, Deputy City Manager
CML
r F' r;"nL~ q TT.,: [)
AUG 1 J ?ODE
UUlllI:f:.HUll'j 1I1WM (;l~'. .:f~Uill:t
','\,
1144 Sherman Street. Denver, Colorado 80203-2207 . Phone (303)831-6411, Fax (303)860-81 iifficllJait:w1I.@~~....;:;;:.:j
MEMO
Attachments:
Policy Statement
CML Committee Sign-up Sheet (please share with your elected and appointed officials)
TO.
Mayors and Managers (and Clerks in Municipalities That Have No
Manager) of Member Municipalities
FROM.
Sam Mamet, Executive Director
SUBJECT
Appointment to CML's 2006-07 Policy Committee
DATE.
August8,2006
It is again time to make appointments to the League Policy Committee Each member
municipality of the League is entitled to designate one representative, and all cities over
100,000 are entitled to designate two representatives. In addition, all Section Chairs
and District Presidents are automatically appointed as members of the Committee
Appointments to the Policy Committee are made each fall, and members serve for a
one-year period
The Policy Committee is responsible for reviewing legislative proposals and
recommending to the League Executive Board positions of support, opposition, no
position, or amendment to a wide variety of legislation affecting cities and towns. Curing
each annual conference in June the Policy Committee also proposes to the
membership revisions to the League's Policy Statements that guide League positions
on public policy issues affecting municipalities
The Committee normally meets three times a year - before and during the legislative
session as well as prior to the annual conference. Meetings are held in Denver, usually
from 1000 a.m. to early afternoon The first meeting will be held at CML's office on
Thursday, November 9. The meeting held during the legislative session will be held
Friday, February 16 A final meeting will be scheduled for next May.
If your municipality desires representation during 2006-07 on this Committee, please
appoint an official- elected, appointed, or an employee - who will be willing to take
the time and effort to serve. Please return the postcard (enclosed with the memo being
mailed to the manager or clerk) or e-mail your representative's name to Barb Major
(bmajor@cml.org) by September 15 Notice of the November meeting and background
information will be sent to Committee members several days before the meeting
If you have any ideas for the upcoming legislative session, contact me at your earliest
convenience (smamet@cml org)
C"\BARB\WP Files\Policy Committee\Policy Committee Appointment Memo.wpd
Proposed CML 2006-07 POLICY STATEMENT
(As adopted by the membership at its June 22, 2006, Annual Business Meeting)
Local Control and
Municipal Home Rule
order to consider local conditions and address local desires,
\:ommunity issues and needs should be addressed locally State
and federal government interference can undermine home rule
and local control. Therefore, the League:
· Urges state and federal officials to respect Colorado's tradition
of local control and allow municipal officials to address local
problems without interference from the state and federal
government.
· Urges congress and the executive branch to respect the roles
and responsibilities of states and local governments and similarly
urges state officials to avoid preempting local authority
· Supports state enabling legislation that provides municipalities
with authority and flexibility to address local needs.
· Recognizes the desire of the citizens statewide and in many
local communities, with adoption of a constitutional amendment in
1902 and expanded amendments approved in 1912 and 1970, to
establish municipal home rule and opposes state action that
attempts to weaken home rule authority and flexibility
Intergovernmental Cooperation
Citizens are best served when officials of federal, state and local
government (including municipalities, counties, special districts
and school districts) respect the roles of each entity and work
toward common solutions. Therefore, the League:
· Supports increased dialogue and cooperation among federal,
state and local officials and the development of cooperative
intergovernmental solutions to common problems.
State and Federal Mandates
Programs and regulations mandated by the state or federal
wernment stretch the financial resources of municipalities.
- hese costs, if not paid by the state or federal government,
prevent municipalities from fulfilling local needs and priorities.
Therefore, the League.
· Opposes unfunded state and federal mandates that impose
financial burdens on municipalities and their citizens.
State Fiscal Fair Play
Municipal finances are closely interrelated with state finances and
policies. State adherence to fiscal fair play policies will greatly
help municipalities and their citizens. Therefore, the League:
· Supports appropriate action to address the state and local
financial crises caused by the interaction of various constitutional
amendments and the economy
· Supports continued state sharing with municipalities of
equitable portions of existing and future revenues derived from
traditional state-collected, municipally-shared sources.
· Urges the state to avoid or exercise restraint in relying on
fees, charges and other cash funding of programs that affect
municipalities, especially in the areas of technical assistance, in
programs where municipal participation is mandated by state law,
and in regulatory programs that affect municipalities.
· Opposes state-granted exemptions or other state actions that
erode municipal sales, use, property and other revenues unless
the state provides adequate replacement revenues.
· Opposes disproportionate cuts in state programs that benefit
municipalities.
. Opposes the state utilizing local funds or requiring local
governments to collect state revenues in order to fund state
programs.
. Opposes the appropriation of energy impact and mineral lease
mds, historically set aside for local governments, to finance state
-'f!rograms and administrative costs of state government.
Sales and Use Taxes
The primary revenue sources for municipalities are local sales
and use taxes. Statewide, municipalities generate more than $5 in
these taxes to every $1 of property taxes. Sales and use taxes
have enabled municipalities to fund public services and
improvements and keep municipal property taxes relatively low
Appropriate actions at federal, state and local levels should
preserve or enhance these local revenues. Therefore, the
League:
· Supports retention of authority for all municipalities to set local
tax rates and for home rule municipalities to collect their own
taxes and determine their own tax bases.
· Supports broadening the state sales and use tax base
· Supports appropriate legislation or court action allowing state
and local governments to require businesses to collect state and
local sales and use taxes on remote sales.
· Supports cooperative efforts among municipalities to
standardize municipal sales and use tax practices and utilization
of technology for the convenience of taxpayers, the business
community, and municipalities.
· Opposes further reductions in the state and local sales and
use tax base.
· Opposes legislation that would preempt the authority of state
and local governments to apply their sales and use taxes to
remote sales.
Miscellaneous Finance Issues
The League:
Capital Financing
· Opposes any efforts to abolish or impair the effectiveness of
the municipal bond interest exemption.
· Supports enhancement of municipalities' flexibility to finance
public projects economically and efficientiy
Double Taxation
· Supports state legislation and iocal practices that eliminate
the financial inequities created by the imposition of taxes on
municipal residents for county services that are provided primarily
or solely to residents in unincorporated areas.
Federal Policies
· Supports distribution of federal funds to municipal
governments with a minimum of red tape and without excessive
diversion at the federal and state levels.
· Supports establishment of advisory committees comprised of
local government officials to ensure ongoing local input on state
assumption and administration of federal programs that affect
local governments.
· Supports continued funding of the Community Development
Block Grant program.
. Supports continued direct funding of federal housing
programs.
· Supports repeal of the Davis-Bacon Act or revisions thereto,
including raising the project exemption amount, to eliminate
wasteful red tape and enable state and local governments to
stretch tax dollars for public works projects.
. Supports repeal or revisions in the application of the Fair
Labor Standards Act to local governments to avoid the Act's
costly and burdensome impacts on local government operations.
· Encourages recognition of Colorado's unique economic, social
and physical characteristics when federal action affects programs
or projects of local concern.
. Opposes the direct or indirect taxation of the activities and
operations of municipal government.
. Opposes tax reform proposals that would exacerbate the
federal deficit, increase the cost of municipal capital investment,
interfere with traditional state and local tax systems or preempt
the deductibility of state and local taxes.
· Opposes the denial of funds based upon a state's or
municipality's failure to meet requirements of an unrelated
program or because of factors beyond the control of the state or
municipality
· Opposes cuts in federal programs that disproportionately
affect municipalities.
· Opposes imposition of federal standards upon local
government operations and employees that do not apply equally
to federal and state government operations and employees.
· Opposes the sale of forest lands to pay for various federal
programs including, but not limited to, the "Secure Rural Schools
and Community Self-determination Act of 2000 ..
Consolidation of Governments
The League supports voluntary consolidation of local government
entities and services by mutual agreement.
Criminal Justice
The League.
. Supports state- and community-based intervention, prevention
and rehabilitation programs and state initiatives that respect the
key role of communities and local government officials.
. Supports ensuring that municipal governments retain flexibility
in implementing federal and state criminal justice programs.
· Opposes state preemption of municipal authority to regulate
firearms within municipalities.
Economic Development
The League
. Encourages the state to provide adequate funds and staff for a
strong, multifaceted program to promote the economic vitality of
Colorado. This program should encourage the diversification and
expansion of local economies, including support for existing
business, creation of new jobs and promotion of tourism. The
program should be closely coordinated with local governments
and the state should never promote a specific economic
development project against the wishes of the community or
communities most directly affected by the project.
. Encourages the federal government to support state and local
government activities promoting economic development.
. Encourages a comprehensive effort among state and local
governments and the private sector to establish an effective
tourism promotion program.
Electric and Natural Gas Services
The League:
. Opposes federal restrictions that would dictate territorial
service areas or restrict the ability of municipally owned utilities to
service customers within their municipalities, including newly
annexed areas.
. Opposes federal legislation requiring states to implement retail
competition.
. Opposes federal or state restructuring of the electric or natural
gas industry if such restructuring restricts municipal authority to
regulate the use of rights-of-way and to franchise and tax utilities
and services, interferes with services provided by municipally
owned utilities, fails to protect interests of all consumer classes or
sacrifices environmental and social objectives protected under
existing regulatory policies.
. Opposes efforts to prevent municipalities from extending utility
services to newly annexed areas.
Emergency Services
The League.
. Supports local control of local emergency services and
involvement of the state as a resource to local government in the
areas of information, coordination and training
. Supports state funds for those state agencies that serve as a
resource to local emergency services.
. Supports a voluntary uniform statewide fire incidence reporting
program.
· Supports close cooperation at all levels of government and
increased federal funding to assist local government homeland
security and first responder responsibilities.
Environment
In addressing environmental concerns, the League:
· Supports financial and technical assistance to local
governments affected by the development of coal, oil shale and
other natural resources to permit planning for, and provision of,
municipal services and facilities.
· Supports relief for municipalities from the burden of Superfund
(CERCLA) requirements and application of a reasonable
municipal settlement policy by the Environmental Protection
Agency
· Supports federal action that prevents polluters from suing
municipalities for cleanup costs at Superfund sites when the
municipalities owned or operated a landfill or when the
municipalities' only contribution to the site has been municipal
solid waste or treated sewage sludge; allows EPA to sue
municipalities for cleanup costs only if the municipalities did, in
fact, deposit significant amounts of hazardous waste in the
Superfund site; provides that municipal cleanup liability be based
on toxicity, not volume; and provides for rapid settlement between
municipalities and EPA of any cleanup liability
. Supports federal and state programs that encourage cleanup
and reuse of "brownfield" property
. Supports full federal funding for cleanup of contaminated
federally owned or managed sites, such as Rocky Flats.
. Opposes increases in the proportion of municipal cash funding
support for state environmental programs.
. Opposes state preemption of local government authority to
adopt environmental ordinances.
Housing
The availability and affordability of decent housing is an important
concern to Colorado's municipalities. Therefore, the League.
. Supports an adequate supply of good housing, regardless of
income level, and continued public- and private-sector support f0_
such an effort.
. Supports increased financial assistance from the federal
government for housing needs of low- and moderate-income
families.
· Supports state financial support for the Division of Housing's
loan and grant program for low- and moderate-income housing.
. Supports the continued efforts of the Colorado Housing
Finance Authority to work with municipalities on the Authority's
various housing loan programs.
· Supports the preservation, revitalization and redevelopment of
existing neighborhoods.
. Supports public and private financial assistance programs to
address the needs of the homeless.
Human Rights
The League supports programs that protect the rights and dignity
of the individual and encourages programs that address such
issues as employment, housing, health care, substance abuse
and equal opportunity
Lottery
The League supports preserving all lottery proceeds for park,
recreation, open space and wildlife purposes pursuant to the
Great Outdoors Colorado program adopted by Colorado voters.
Municipal Court Operations
The League:
. Opposes imposition of state surcharges on municipal court
fines for the purpose of funding state programs.
. Opposes limitations on the authority of municipalities to
enforce their own ordinances in municipal courts.
2
Municipal Development and land Use
The league supports local control and determination of local land
use issues. In general, the league supports state.laws and .
policies that encourage new residential, commercial and industrial
development to occur within existing municipalities and that
liscourage the sprawl of urban, suburban or exurban
,evelopment into rural and unincorporated areas of the state. In
~ addition, the League specifically'
. Supports prohibition of the incorporation of new cities and
towns adjacent to, or within the service areas of, existing munici-
palities.
. Supports increased municipal and, within unincorporated
areas, county controls over the formation of special districts,
placing additional limitations on the powers exercised by such
districts and, where practicable, providing for the dissolution or
phasing out of special districts.
. Supports appropriate efforts to permit application and
enforcement of municipal ordinances, such as building codes, fire
codes, subdivision regulations and zoning ordinances, to
buildings and improvements proposed to be constructed by
government entities.
. Supports municipal discretion concerning the imposition of
development fees and requirements.
. Supports financial and technical assistance to municipal
governments in the areas of planning and land use.
. Supports municipalities, when appropriate, in utilizing sub-
local governments (neighborhood, nonprofit, and civic
organizations and homeowners' associations) in developing and
implementing solutions to specific localized issues.
. Encourages measures that promote intergovernmental
cooperation on land use issues.
. Encourages coordination of land use and transportation
planning.
. Encourages municipalities when using tax increment financing
to promote communication and intergovernmental cooperation
with affected local governments.
, Generally opposes efforts to restrict municipal authority to
_annex territory
. Opposes delegation of municipal land use authority to state
agencies or preemption of municipal land use controls.
. Opposes federal or state restrictions, beyond those
constitutional restrictions that have been defined by recent
Supreme Court decisions, on the ability of federal, state or local
governments to regulate private property or to exercise the power
of condemnation for the benefit of public health, safety and
welfare.
. Opposes unreasonable restrictions on urban renewal
authorities.
Police, Fire and Other Pension
and Employee Benefits
The League:
. Supports continuation of state matching funds to assist in
retiring unfunded liabilities that accrued under the old police and
fire pension plans.
. Supports equitable levels of state funding for volunteer
firefighters' pensions.
. Opposes mandates that increase the cost of or create
inequities among municipal employee pension, workers'
compensation or other employee benefits.
. Opposes mandated Social Security or Medicare coverage for
public employees, mandated benefit levels or funding standards
for municipal employee pension plans, or other unreasonable
burdens or restrictions in connection with the administration of
municipal employee benefit plans.
. Opposes mandated so-called "Police Officers Bill of Rights"
interfering with the management and budget prerogatives of local
)overnments.
Postal Service
In order to eliminate confusion among citizens and businesses
and to reinforce community identities. the League supports legis-
lation and administrative action by the United States Postal
Service requiring use of mailing addresses and ZIP codes that
reflect the corporate boundaries of cities and towns.
Privatization
The League supports the use of private-sector businesses to
provide public services when determined by municipal officials to
be in the public interest.
Public Employment
The League opposes efforts to interfere with a municipality's
ability to determine the terms and conditions of municipal
employment.
Public Liability
Because of the financial burdens caused by the increasing
number of lawsuits against municipalities and their officers and
employees, the deterrent that litigation presents to continued
service by public officials and the need to assure that municipal
liability does not impair the provision of necessary services to the
public, the League.
. Supports the availability of public liability insurance at
reasonable costs and the ability of municipalities to reduce such
costs through self-insurance or other reasonable means.
. Supports reasonable federal limitations on and reduction in
the liability for monetary damages payable by public entities and
public employees in suits brought under federal laws.
. Supports limitations on the liability of municipalities and their
officers and employees.
. Opposes efforts to expand the liability of public entities and
public employees.
Telecommunications
The League.
. Supports the retention of municipal regulatory authority over
cable television systems.
. Supports affordable access by all municipalities to state-of-
the-art telecommunication and information services.
. Opposes federal or state restrictions on local control of munic-
ipal rights-of-way or on the authority of local governments to
develop or acquire their own telecommunications infrastructure.
. Opposes federal or state restrictions on municipal franchising,
regulatory and taxing authority over telecommunications systems.
Transportation
The League:
. Supports increased funds to finance pressing surface trans-
portation needs as long as an equitable portion of new revenues
is returned to cities and towns.
. Supports state Department of Transportation assumption of
street lighting and general maintenance costs on state highways
within municipalities.
. Supports limitations on "off-the-top" diversions from the High-
way Users Tax Fund.
. Supports preservation of the constitutional requirement that
highway user revenues be utilized only for highways, streets and
roads.
. Supports greater flexibility and increased revenues for multi-
modal transportation systems.
. Supports clarification that federal railroad laws do not preempt
local governmental authority to protect the safety and environ-
ment of citizens.
. Supports preservation of the federal funding guarantees for
transportation and allocation of all federal transportation taxes
and funds for their intended transportation purposes.
. Supports efforts to improve air transportation throughout
Colorado
. Supports close cooperation among Colorado Department of
Transportation, counties, municipalities and interested stake-
holders in improving Colorado's multi-modal transportation sys-
tem.
3
. Encourages a balanced state transportation policy that ad-
dresses the need to maintain and expand highways, streets and
roads while at the same time recognizing the importance of transit
in improving Colorado's transportation system.
Water
In addressing statewide water concerns, the League:
. Supports water policies that protect Colorado water resources.
. Supports the constitutional doctrine of prior appropriation and
the constitutional priority given to domestic water use.
. Supports the inventorying and protection by municipalities of
their water rights.
. Supports appropriate water conservation efforts and sustain-
able water resource management practices by all users.
. Supports efforts to increase knowledge of water-related issues
of concern around the state to municipalities.
. Supports participation in statewide discussions of water use
and distribution.
. Supports appropriate coordination of municipal water use with
other uses including agriculture, mineral resource development,
energy development, recreation and open space.
. Supports federal and state financiai aid programs assisting
municipalities, including recognition of the special needs of small-
er municipalities, with the construction and improvement of water
systems to protect water quality and to comply with federal and
state mandates.
. Supports continued federal and state funding for wastewater
treatment facilities to reduce local costs and expedite construction
of necessary treatment and collection facilities.
. Supports reasonable and practical application of air and water
pollution control laws by federal and state administrative officials
and encourages restraint in modifying legislation and regulations
that have a fiscal impact on municipalities. Particularly in the
area of water quality, enforcement should be correlated with the
availability of funds necessary to achieve stated goals.
. Supports adequate state regulation and enforcement of drillir
and mining sites, production facilities and waste product storage
and disposal facilities; supports practices to assure citizen safety,
environmental protection and the protection of domestic water
sources: and opposes state preemption of local land use and
watershed regulations.
. Encourages on-going communication by federal land manag-
ers with affected municipalities regarding the leasing of federal
lands that might impact loealland use and environmental policies
including, but not limited to, local watershed ordinances.
Youth
The League.
. Supports municipal and other efforts to address youth issues
and needs.
. Recognizes the influence that parents in partnership with
nonprofit and religious organizations, local businesses and other
governmental jurisdictions have on the development of youth.
. Encourages utilization by public schools in cooperation with
local governments of League-published or other civics curriculum
to educate students in state and local government.
4
DATE:
September 11, 2006
CITIZENS' RIGHT TO SPEAK
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. I UU III In ml.n~ wr
NAME 0.(\ ADDRESS TOPIC
..n rhA AI\'^.1 l~z.o"ZrJ \.j~sV ~cYtr'.., 1l,L.\ln . Wi. 'Z. Cl 'Z.'D
CITY OF WHEAT RIDGE
PUBLIC HEARING ROSTER
AGENDA ITEM NO.1.
PUBLIC HEARING BEFORE '1'HE WHEAT RIDGE CI'l"Y COUNCIL
CASE NO.
COUNCIL BILL NO.
TITLE:
PUBLIC HEARING ON RESOLUTION 43-2006 - AUTHORIZING ASSIGNMENT TO
THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY
BOND ALLOCATION OF THE CITY OF WHEAT RIDGE PURSUANT TO THE
COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT.
YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
~JEFFCO
K PUBLIC SCHOOLS
Or. Cynthia Stevenson
Superintendent
] 829 Denver West Drive #27
Colden, Lolorildo H0401-001l1
(mail: cstevens@jeffCll.kI2.co.l1s
Building Bright Futures
August 29, 2006
oil ice: 303-982-G800
lax: ,03-982 6806
Honorable Jerry DiTullio
Mayor, City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80033
Dear Mayor DiTullio,
Thank you for your letter dated August 21, 2006 In our telephone conversation on
Friday, August 25,Jeffco committed to the following actions to support your fundraising
efforts.
1. You will receive a letter of intent committing district funds allocated to the fields
for 'Wheat Ridge Senior High School for artificial turf fields.
2. The $150,000 allocated will be reserved in a separate account and will be released
to you when your fundraising is complete.
3 If fundraising efforts are not successful, the $150,000 from the district will be
redirected to regular turf fields.
As you know, the district cannot allocate any additional funds for fields at this time.
However, we fully support your fundraising efforts.
Please let us know If we. can support you in any other ways.
Sincerely,
(!~
Cynthia Stevenson
Superintendent
Cc: Lorie Gillis, Chief Financial Officer
Patrick Hickey, Chief Operating Officer
Irene Griego, Community Superintendent
Members of the Board of Education
Pat Harrison, Wheat Ridge Senior Principal
Wheat Ridge City Council
Randy Young, City Manager
Joyce Manwaring, Parks and Recreation Director
Gur Mission. To provide a quality education that prepares all childre/! for a successful future.
r;i' !l~~~S~
\lr. Cvnthia Stevensoll
Superintendent
11'29 Denver West Drive #27
(,oldell. (""Imada 80401-00i11
en",i/: rstcvens@jeffco.kI2.co.llS
Building Bright Futures
ofti,,,,: 303-9R2-6800
I'u:: 303-982-GROb
August 29, 2006
To \Vhom It May Concern.
This letter serves as a commitment from Jefferson County Schools to affirm that $150,000
can be applied to the effons to raise funds for artificial turf fields at \Vheat Ridge Senior
High SchooL These funds are currently held in a school district account and will be
released upon successful conclusion of fundraising efforts.
Please direct any questions to Chief Operating Officer, Patrick Hickey, at 303/9826768.
/~/
Cynt ia Stevenson
Superintendent
Jeffco Schools
Cc Lorie Gillis, Chief Financial Officer
Patrick Hickey, Chief Operating Officer
Irene Griego, Community Superintendent
Our Missiotl. To provide a qualit)' eduwtiotl that prepares all children for a successful future
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
September 7, 2006
PATRIOT DAY, 2006
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
On the fifth anniversary of the attacks of September 11,
2001, we recall the fire and horror at the twin towers of the
World Trade Center, the Pentagon, and a Pennsylvania field.
America will always remember the thousands of innocent lives
taken by the enemies of freedom that morning.
In the face of these unspeakable attacks, we were reminded
that the great strength of America is found in the hearts and
souls of our citizens. We witnessed firefighters, police
officers, other public safety officials, and ordinary Americans
demonstrate extraordinary courage, risking their lives to save
innocent victims. We saw our country united in compassion
as Americans came together to provide relief and bring hope
to others.
Today, America is fighting a war that is testing our
Nation's resolve. We are once again answering history's call
with confidence, and we know that freedom will prevail. Our brave
men and women in uniform have stepped forward to fight our enemies
abroad so that we do not have to face them here at home, and we
are grateful for the courageous individuals bringing terrorists
to justice around the world.
We are also confronting the extremists in the great
ideological struggle of the 21st century. September the 11th
made clear that, in the long run, the only way to secure
our Nation is to advance liberty and democracy as the great
alternatives to repression and radicalism. By working together
with our friends and allies, we are helping spread the blessings
of freedom and laying the foundations of peace for generations to
come.
The events of September 11, 2001, will always be a defining
moment in our history. We hold the victims and their families in
our hearts, and we lift them up in our prayers.
By a joint resolution approved December 18, 2001 (Public
Law 107-89), the Congress has designated September 11 of each
year as "Patriot Day."
NOW, THEREFORE, I, GEORGE W. BUSH, President of the
United States of America, do hereby proclaim September 11, 2006,
as Patriot Day. I call upon the Governors of the United States
and the Commonwealth of Puerto Rico, as well as appropriate
officials of all units of government, to direct that the flag
be flown at half staff on Patriot Day. I also call upon
the people of the United States to observe Patriot Day with
appropriate ceremonies, activities, and remembrance services,
to display the flag at half staff from their homes on that day,
and to observe a moment of silence beginning at 8:46 a.m. eastern
daylight time to honor the innocent Americans and people from
around the world who lost their lives as a result of the terrorist
attacks of September 11, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh
day of September, in the year of our Lord two thousand six, and of
the Independence of the United States of America the two hundred
and thirty-first.
GEORGE W. BUSH
# # #