HomeMy WebLinkAbout12/11/2006
6:30 p.m. Pre-Meeting
~~!~~~
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
December 11.2006
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF November 27. 2006
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. Right of Way Dedication for Carr Street.
B. Approve Award of the Phase III (E-Citation) implementation of Logisys
Field Reporting (LFR) to Logistic Systems Inc., for the not to exceed
amount of $43,680.00.
C. RESOLUTION 56-2006 - AUTHORIZING SUBMITTAL OF THE
APPLICATION FOR A 2007 JOINT VENTURE GRANT PROJECT TO
JEFFERSON COUNTY OPEN SPACE FOR THE CONSTRUCTION
OF A RESTROOM BUILDING AT CREEKSIDE PARK.
D. RESOLUTION 57-2006 - AUTHORIZING JEFFERSON COUNTY
OPEN SPACE TO CONTINUE GOOD FAITH NEGOTIATIONS AND
TO ACQUIRE THE 1.25 ACRES OF LAND, MORE OR LESS,
LOCATED AT 4315 VAN GORDON STREET (WILSON PROPERTY)
AT THE NEGOTIATED PRICE FOR PARKS AND RECREATION
PURPOSES.
CITY COUNCIL AGENDA: December 11, 2006
Page -2-
E. RESOLUTION 58-2006 - ADOPTING BY REFERENCE
C.R.S. 924-18-104, AS APPLICABLE TO PUBLIC OFFICERS AND
EMPLOYEES, INCLUDING INDEPENDENT CONTRACTORS WITHIN
THE CITY.
F. RESOLUTION 59-2006 - AMENDING THE 2006 FISCAL YEAR
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$5,500 FOR MONTHLY FEE EXPENDITURES ASSOCIATED WITH
IMPLEMENTATION OF A SWEEP ACCOUNT.
G. Motion to appoint Deputy City Clerk Christa Jones Acting City Clerk,
effective January 1, 2007 until a permanent appointment can be made.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING,
Item 2.
Item 3.
Item 4.:.
COUNCIL BILL 30-2006 - AN ORDINANCE AMENDING SECTION 5-84
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE
PRESCRIPTIVE ENERGY CODE.
(Case No. WCA-06-05)
COUNCIL BILL 31-2006 - AMENDING SECTION 5-85 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO THE INTERNATIONAL
RESIDENTIAL CODE.
(Case No. WCA-06-06)
A Request for a Special Use Permit to allow expansion of an education
bUjldin~ as ancillary to a church in an R-1 Zone District located at 11225
W.32n Avenue, Wheat Ridge.
(Case No. SUP-06-04) (Applewood Baptist Church)
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 5.
Item 6.
Item 7.
RESOLUTION 62-2006 - LEVYING GENERAL PROPERTY TAXES FOR
THE YEAR OF 2006, TO HELP DEFRAY THE COSTS OF
GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR
THE 2007 BUDGET YEAR.
RESOLUTION 55-2006 -ADOPTING THE SECOND MODIFICATION TO
THE 38TH AVENUE CORRIDOR REDEVELOPMENT PLAN.
RESOLUTION 61-2006 - APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE
LONGS PEAK METROPOLITAN DISTRICT.
CITY COUNCIL AGENDA: December 11, 2006
Page -3-
Item 8.
RESOLUTION 60-2006 - APPROVING AN AMENDED AND RESTATED
ANNEXATION AND DEVELOPMENT AGREEMENT AMONG THE CITY
OF WHEAT RIDGE, CABELA'S RETAIL INC., MICHAEL ALLARD,
CHARLES SERA, ANN MARIE COURCHENE, NEIL G. JAQUET,
DONALD W. MACDONALD AND COORS BREWING COMPANY.
Item 9.:.
Parks and Recreation Commission Appointment.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
mr_1IIIB
CITY OF WHEAT RIDGE, COLORADO
November 27.2006
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz,
Mike Stites, and Terry Womble. Also present: City Clerk, Pamela Anderson; City Manager,
Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White;
Director of Public Works, Tim Paranto; staff; and interested citizens.
APPROVAL OF MINUTES OF November 13. 2006
Motion by Mr. Gokey to approve the Minutes of November 13, 2006; seconded by Mrs. Sang;
carried 8-0.
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio recognized the accomplishments of the Wheat Ridge High School Women's
Softball Team. The team was undefeated this year with a record of 11-0. Principal Harrison
and Coach Larson recognized the players individually.
Item 1.
CONSENT AGENDA
A. RESOLUTION 54-2006 - AMENDING THE 2006 FISCAL YEAR
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$50,000 TO THE WHEAT RIDGE FOUNDATION IN SUPPORT OF
THE WHEAT RIDGE HIGH SCHOOL FIELD COMMITTEE
SYNTHETIC TURF PROJECT.
B. RESOLUTION 53-2006 - AMENDING THE 2006 FISCAL YEAR
OPEN SPACE BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$15,000 ON BEHALF OF THE WHEAT RIDGE ROTARY FOR THE
WHEAT RIDGE HIGH SCHOOL FIELD COMMITTEE SYNTHETIC
TURF PROJECT.
CITY COUNCIL MINUTES: November 27, 2006
Page -2-
C. Approval of the Revised Personnel Policies.
D. Motion to adopt the 2007 City Council Regular Meeting Calendar.
E. Revision to the Council Rules and Procedures regarding appointment
procedure of the Mayor pro tem/Council President.
Consent Agenda was introduced and read by Mr. Stites.
Motion by Mr. Stites to approve the Consent Agenda; seconded by Mr. Womble and
Mrs. Sang; carried 8-0.
A brief Presentation of a Check from Wheat Ridge Rotary to the Wheat Ridge
Foundation for $15,000 for the Wheat Ridge High School Field Committee. A second
Presentation of a Check was given by Mayor DiTullio to Wheat Ridge High School Field
Committee in the amount of $50,000. Principal Pat Harrison, Athletic Director and
Jefferson County School District Irene Griego were present to accept the funds.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 28-2006 - AN ORDINANCE ADOPTING THE NATIONAL
ELECTRICAL CODE 2005, NFPA 70: NATIONAL ELECTRIC CODE.
Mayor DiTullio opened the public hearing.
Council Bill 28-2006 was introduced on second reading by Mr. Gokey; City Clerk
Pamela Anderson read the executive summary and assigned Ordinance No. 1378.
Community Development Director Alan White presented the staff report. No citizens
were present to testify.
Mayor DiTullio closed the public hearing.
MotioQ by Mr. Gokey to approve Council Bill 28-2006 (Ordinance 1378) on second
reading, and that it take effect 15 days after final publication with the following
amendment to paragraph (e): Delete the reference to section 107.5.1 of the Uniform
Building Code so that the last sentence reads "This penalty shall be in addition to the
investigation fee referenced in Table 1-A, City of Wheat Ridge building permit
fees"; seconded by Mrs. Rotola; carried 8-0.
CITY COUNCIL MINUTES: November 27, 2006
Page -3-
Item 3.
COUNCIL BILL 29-2006 - AN ORDINANCE ADOPTING THE 2005
EDITION OF THE NFPA 99 HEALTH CARE FACILITIES CODE.
Mayor DiTullio opened the public hearing.
Council Bill 29-2006 was introduced on second reading by Mr. Schulz and he read the
executive summary. City Clerk Pamela Anderson assigned Ordinance 1379.
Community Development Director Alan White presented the staff report.
Mayor DiTullio closed the public hearing.
Motion by Mr. Schulz to approve Council Bill 29-2006 (Ordinance 1379) on second
reading and that it take effect 15 days after final publication; seconded by Mr. Womble;
carried 8-0.
Item 4.
PUBLIC HEARING ON A REQUEST FOR A FINAL DEVELOPMENT
PLAN AND FINAL PLAT FOR PROPERTY LOCATED AT 5220 QUAIL
STREET.
(Case No. WZ-06-08 and WS-06-02/Wilson)
Mayor DiTullio opened the public hearing.
Mrs. Rotola introduced the item and read the executive summary.
Mayor DiTullio administered the oath to those present who wished to testify.
Senior staff planner Meredith Reckert presented the staff report. She entered into the
record the case file and packet materials, the zoning ordinance, the subdivision
regulations and digital presentation into the record. She stated that all notification and
posting requirements have been met and there is jurisdiction to hear the case.
Steve Wilson, applicant, was present to comment on the application. Charles
Richardson, property owner, was also present and available for questions. Mr. Wilson
requested an amendment regarding the detention area and park dedication and
approval of the application.
City Council members asked questions of staff and the applicant.
Mayor DiTullio closed the public hearing.
CITY COUNCIL MINUTES: November 27,2006
Page -4-
Final Development Plan:
Motion by Mrs. Rotola to approve Case No. WZ-06-08, a request for approval of a Final
Development Plan for property located at 5220 Quail Street, for the following reasons:
1. The Final Development Plan meets the development standards as listed on the
Outline Development Plan.
2. The Final Development Plan meets the requirements for Final Development
Plans, as defined in Article III of the Code of Laws.
With the following condition:
1. That the owner/developer of the property be granted appropriate credits for the
incremental cost of improving the detention area so that it is suitable for use as
active play area. The credit shall not exceed a total of $35,000. The amount of credit
for incremental improvements shall be determined by staff and addressed in the
Subdivision Improvements Agreement.
Seconded by Mr. Schulz; carried 8-0.
Final Plat:
Motion by Mrs. Rotola to approve Case No. WS-06-02, a request for approval of a
twenty five lot subdivision plat for property located at 5220 Quail Street, for the
following reasons:
1. All requirements of the Subdivision Regulations have been met.
2. All required utility easements are being provided.
3. Adequate infrastructure will be constructed with the development to serve the
proposed use.
With the following conditions:
1. The drainage report shall be approvable prior to recordation of plat.
2. The lateral ditch serving Mr. Wheling to the west of Quail Street should not be
impeded or impinged by expansion of Quail Street. It is the developer's
responsibility to keep the ditch intact and functional during development of the
site.
Seconded by Mr. Schulz; carried 8-0.
ORDINANCES ON FIRST READING
Item 5.
COUNCIL BILL 30-2006 - AN ORDINANCE AMENDING SECTION 5-84
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE
PRESCRIPTIVE ENERGY CODE.
(Case No. WCA-06-05)
Council Bill 30-2006 was introduced on first reading by Mr. Gokey.
CITY COUNCIL MINUTES: November 27,2006
Page -5-
Motion by Mr. Gokey to approve Council Bill 30-2006 on first reading, order it published,
public hearing set for Monday, December 11, 2006 at 7:00 p.m. in the City Council
Chambers, and that it take effect 15 days after final publication. I further move to
amend the ordinance as follows: "90% furnaces shall be required for all new
construction, unless REScheck or COMcheck indicates an 80% furnace will meet the
requirements of the IECC. All replacement furnaces will be allowed to be 80%
furnaces. In all instances, sizing of the furnace will be required by the contractor. The
Building Official is authorized to make hardship determination"; seconded by Mrs. Sang;
carried 8-0.
Item 6.
COUNCIL BILL 31-2006 - AMENDING SECTION 5-85 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO THE INTERNATIONAL
RESIDENTIAL CODE.
(Case No. WCA-06-06)
Council Bill 31-2006 was introduced on first reading by Mrs. Berry.
Motion by Mrs. Berry to approve Council Bill 31-2006 on first reading, order it published,
public hearing set for Monday, December 11, 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.
.Motion to amend by Mr. Gokey that Wind speed is 100 mph, 3-second wind gust,
exposure C; seconded by Mrs. Sang; carried 5-3 with Councilmembers Berry, Rotola,
and Adams voting no.
Original Motion as amended carried 8-0.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 7.
City Council Appointments to various Metropolitan Boards and Agencies.
City Clerk Pam Anderson read a letter from WR2020 into the record, which
recommended that Council keep two Councilmembers on their Board.
Motion by Mrs. Sang to appoint Larry Schulz to serve as the City's representative to
DRCOG, with Karen Berry as alternate; seconded by Mrs. Rotola; carried 8-0.
Motion by Mrs. Sang to appoint Lena Rotola to serve as the City's representative to the
Jefferson County Housing Authority, seconded by Mr. Womble; carried 8-0.
CITY COUNCIL MINUTES: November 27,2006
Page -6-
Motion by Mrs. Sang to appoint Lena Rotola to serve as the City's representative to the
Jefferson County Community Development Block Grant Committee; seconded by
Mr. Schulz; carried 8-0.
Motion by Mrs. Sang to appoint Janelle Shaver to serve as the City's representative to
the Jefferson County Board of Corrections; seconded by Mr. Gokey and Mr.
Womble; carried 8-0.
Motion by Mrs. Sang to appoint Mike Stites to serve as the City's representative to the
Police Seizure Fund; seconded by Mr. Schulz; carried 8-0.
Motion by Mrs. Sang to appoint Mayor DiTullio, with Karen Adams as alternate to
serve as the City's representative to the Jefferson Economic Council; seconded by
Mrs. Rotola; carried 8-0.
Motion by Mrs. Sang to appoint Larry Schulz with alternate Mayor DiTullio to serve
as the City's representative to the Jefferson County-Wide Transportation
Committee; seconded by Mr. Womble; carried 8-0.
Motion by Mrs. Sang to eliminate the second Council position for the Board of Wheat
Ridge 2020 effective immediately; seconded by Mr. Womble.
Mrs. Rotola feels that 2 Council representatives should be on the Board for at least
another year and the subject can be re-visited at that time.
Mr. Schulz stated that the letter read tonight makes it clear that the leadership of
WR2020 would like 2 Councilmembers to continue serving.
Mrs. Adams currently serves on the board of WR2020 and feels 2 people are needed to
represent City Council with the dollar figure we are giving WR2020.
Ms. Berry, who also serves on WR2020, wanted to state publicly that she did not
request or solicit the letter read into the record tonight.
Motion tied 4-4 with Councilmembers Rotola, Schulz, Adams and Berry voting no.
Mayor DiTullio broke the tie by voting yes. Motion carried 5-4.
Item 8.
Election of Mayor Pro Tem and Council President.
Note: Due to the passage of Consent Agenda Item 1 E, the amendment of the
Council Rules of Order and Procedure for the appointment process, the
appointment of the Council President position has been eliminated.
Motion by Mrs. Sang to elect Mike Stites as Mayor pro tem effective immediately; term
to expire upon election of successor; seconded by Mr. Womble.
CITY COUNCIL MINUTES: November 27, 2006
Page -7-
Substitute motion by Mrs. Adams to appoint Larry Schulz as Mayor pro tem; seconded
by Mrs. Rotola; tied 4-4 with Councilmembers Stites, Womble, Sang, and Gokey voting
no. Motion failed 5-4, with Mayor DiTullio voting no to break the tie.
Original motion tied 4-4, with Councilmembers Adams, Rotola, Schulz, and Berry voting
no. Mayor DiTullio broke the tie by voting yes. Motion carried 5-4.
ELECTED OFFICIALS' MATTERS
City Clerk Pam Anderson announced that she had been elected to the office of Jefferson
County Clerk and Recorder. She will be sworn in January 9 and her resignation from her City
Clerk post will be effective January 1,2007. She distributed a memo from City Attorney Jerry
Dahl into Council's mail boxes, which outlines the process of filling the vacancy in the City
Clerk's Office.
Meeting adjourned at 8:42 p.m.
.C"......",..,
(~\lIJ< vi Gw A' __
'.Pamela Y.(AnClerSon, City Clerk -----
\'-.../
APPROVED BY CITY COUNCIL ON DECEMBER 11, 2006 BY A VOTE OF to
Mike Stites, Mayor pro tem
The preceding Minutes were prepared according to 947 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
ITEM NO:
l A \
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
RIGHT OF WAY DEDICATION FOR CARR STREET
o PUBLIC HEARING
[8'J BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
~
[8'J
No
Tim Paranto, Director of Public Works
----
./ ~...... ~
~ -
EXECUTIVE SUMMARY:
During the Carr- Estes Major Street Improvement Project design Staff determined that some of the old
sidewalks were constructed outside of the street rights-of-way. Rights-of-entry were obtained from
property owners to replace the sidewalks at their existing locations. During the lot line adjustment
required of the property owned by Habitat for Humanity at 4690 and 4700 Carr Street, Habitat for
Humanity agreed to dedicate five feet (5') along Carr Street for street right-of-way to accommodate
the existing condition. Staff recommends that the attached quit claim deed be accepted by the City
Council to complete this action.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The sidewalk along 4690 and 4700 Carr Street lies outside of the existing street right-of-way. The
property owner, Habitat for Humanity, is dedicating sufficient land along their froritage to provide that
the sidewalk will be in the street.
ALTERNATIVES CONSIDERED:
Continue existing irregularity concerning the sidewalk along 4690 and 4700 Carr Street.
FINANCIAL IMPACT:
Acceptance ofthis Right-of-Way will have no costs to the City.
RECOMMENDED MOTION:
"1 move to accept the Right-of-Way dedication for Carr Street as described in the Quit Claim Deed."
or,
"1 move to deny acceptance of the Right-of-Way dedication for the following reason(s)
"
Report Prepared by:
Reviewed by:
Tim Paranto, Public Works Director
Patrick Goff, Deputy City Manager
Attachments:
1. Quit Claim Deed
2. Vicinity Map
QUITCLAIM DEED
The "Grantor" (whether one, or more than one), Habitat for Humanitv of Metro
Denver. Inc.
whose legal address is 1500 W. It" Ave.
Colorado,
County of Denver and State of
for the consideration of NO DOLLARS, ($ 0.00 ), in hand paid, hereby sells and quitclaims to Citv of Wheat Ridl!e.
(whether one, or more than one), the "Grantee," whose legal address is 7500 W. 29th Ave. of Wheat Ridl!e, County of
Jefferson and State of Colorado. the following real property, in the City of Wheat Ridl!e County of Jefferson and State of
Colorado, to wit:
Habitat on Carr Street Filing No.1, Tract A, Reception # 2005087628
also known by street address as: N/A
and assessor's schedule or parcel number: 448860
with all its appurtenances.
.2006.
I
. Johnson. President. Board of Directors
STATE OF COLORADO
)
) ss.
City and County of Denver
Witness my hand and official seal.
My conunission expires: fJdp/tL )/) .20/0
The foregoing instrument was acknowledged before me this 16th day of October. 2006, by Steuhen T. Johnson.
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ITEM NO:
1 B,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
APPROVE AWARD OF THE PHASE III (E-CITATION)
IMPLEMENTATION OF LOGISYS f11ELD REPORTING (LFR) TO
LOGISTIC SYSTEMS INC., FOR THE NOT TO EXCEED
AMOUNT OF $43,680.00
D PUBLIC HEARING
[8J BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
~
No
~>
City Manager
EXECUTIVE SUMMARY:
The City currently has completed the Phase II of the Logisys Field Reporting (LFR) implementation.
It included the upgrade and training of accident reporting being enabled in the patrol vehicles and
other enhancements to the Computer Aided Dispatch (CAD) and Records Management System (RMS)
for the Police Department. Traditionally, accident reports were filled out on paper and then given to a
clerk to enter the details ofthe incident into RMS. Phase II enables officers to enter the report in real
time. The upgrade was a budgeted implementation that is required to provide improved technologies,
features, efficiencies and better workflow for the Police Department. In addition, the City of Wheat
Ridge will be able to better manage and leverage existing equipment for better utilization.
Phase III is a 2006 budgeted and planned item that is a continuation ofthe Phase II project. It extends
the capabilities ofthe officers to write citations in an electronic format for more efficient processing
and accuracy of the ticketing procedure.
Since this is a major enhancement of the existing Logisys CAD and RMS system, Logisys is the sole
provider of this upgrade as was the case with Phase I and II. Phase III is the final step ofthese system
and process enhancements in relation to the Patrol Division.
Work includes equipment, installation, consulting services and travel expenses. Efforts were made to
negotiate pricing. Staff recommends award to Logistic Systems, Inc., for the not to exceed amount of
$43,680.00.
~OMMISSION/BOARD RECOMMENDATION:,
None
~TATEMENT OF THE ISSUES:
None
ALTERNATIVES CONSIDERED:
No award of Phase III at this time.
FINANCIAL IMPACT:
Staff recommends implementing the Phase III (E-Citation) of the Logisys Field Reporting (LFR) to
Logistic Systems Inc., for the not to exceed amount of$43,680.00. This will conclude the phased and
planned upgrade improvements for the CAD and RMS systems. It enables the Patrol Division to
streamline procedures and data entry for electronic citations and processing. These funds are budgeted
in the 2006 budget.
RECOMMENDED MOTION:
"1 move to approve the award of Phase III (E-Citation) Implementation to Logistic Systems, Inc., for
the not to exceed amount of $43,680.00".
or,
"1 move to deny authorization for the City of Wheat Ridge to Implement the Phase III (E-Citation) by
Logistic Systems Inc. for the following reason( s) "
Report Prepared by: Michael Steinke, IT Manager
Reviewed by: Linda Trimble, Purchasing Agent
Attachments:
1. Logisys Proposal
Wheat Ridge Police Department
A~g~,s~Y~
Wheat Ridge Police Department
LFR Enhancement Project
Quote good for 60 days following Sept. 6, 2006
Quote # 84730B0606WheatF
Total System Prices
Application Software and Interfaces
Implementation Services
BioKey Software
BioKey Services
Total System Upgrade Cost
Reserve for Additions/Changes (at 5%)
Grand TOTAL (Software/Services/Reserve)
Travel and Lodging Expenses:
Lodging expenses shail not exceed Federal Travel Regulations
(FTA) Sec. 301 rates for the continental U.S. effective 1/1/98.
Meals wiil be billed at the FTA per diem, no receipts to be pro-
vided. Log/SYS's In-house travel department will book airline
tickets, and Log/SYS's standard booking and cost savings
procedures will apply.
First Years Licensing and maintenance included
Subsequent Years' Annual Software License and Maintenance
In addition to current Ucense and Maintenance fees
LFRlBioKey Interface Manager
BioKey MagStripe Reader (EZ License) 20
TOTAL Increase to Annual License and Maintenance
Annual LM payment begins one year following installation
Client will be credited for one year of maintenance for every
two mobile citation modules sold to either existing or future
clients
Maximum benefitof10 years.
Terms and Conditions
Payment for BioKey Software and Services due upon delivery
Payment for LogiSYS software and services is as follows:
30% due upon issuance of PO
30% due upon completion of training
30% due upon installation of System
10% due upon system acceptance
Logistic Systems, Inc.
WR Vehicle citation project 090606cf(3)
$24,500.00
$12,010.00
$1,220.00
$2,000.00
Billed as Incurred
Estimated at $1,960.00
5 days on-site
$9.00
ATTACHMENT 1
91712006
$41,720.00
$39,730.00
$1,990.00
$41,720.00
$2,700.00
$180.00
$2,880.00
Wheat Ridge Police Department
Quote # 8473090~alF
BioKey Mobile Data System
Description
Services
BloKey Technical Consultation
Logistic Systems, Inc.
Part # Q!'l
PC(20) 1
WR Vehide citation project 090606cf(3}
Sept. 6, 2006
$2,000.00
Extended Price
Unit Cost
$2,000.00
$2,000.00
50f5
~at Ridge Police Deparlmenl
Quole # 8473090606Wl1eatF
BioKey Mobile Data System
Description
Products
Client Mag Stripe reader software license
Logistic Systems, Inc,
Part #
MSR-C
~
20
INR Vehicle citation project 090606cf(3)
Sept. 6, 2006
$1,220.00
Extended Price
Unit Cost
$61.00
$1,220.00
40'5
Wheat Ridge Police Department
Quote # 8473090606WheatF
Implementation Services
LFR Implementation Services
LFR Upgrade Project Administration & Management
Functional Specifications Document
Statement of Work
Supervision and Administration
System Installation
Setup and Testing
Software Installation
System Software Installation
Interfaces Installation and Testing
Install a Maximum of 5 Positions
Emulation of State/Municipal Citation report(s)
In car printers required to print the citation in the vehicle (not included)
Training classes
Train-the-Trainer Training (1 day) 1
System Administrator Training (1 day) 1
Citation Report Enhancement
Enhance the citation report to include printing of the
fingerprint and/or Signature when captured via the
Panasonic MDWD
***Panasonic MDWD or any other required hardware not included***
Logistic Systems, Inc.
$12,010.00
$4,410.00
$1,500.00
$3,500.00
$800.00
$800.00
$1,000.00
Sept. 6, 2006
3
Wheat Ridge Police Department
Quote # 8473090606WheatF
Sept. 6, 2006
Application Software and Interfaces
LFRlBiokey Interface Manager
Allows user to pull information from the BioKey Mobile Cop solution and populate
LFR screens (IncidentlAccidentlCitation/LFR)
Exact functionality to be agreed upon during FSD development
$24,500.00
$17,000.00
Panasonic ToughBook MDWD Fingerprint/Signature Capture Solution
Develop a method to capture both Signatures and Fingerprints to store along
with the citation.
***Panasonic MDWD or any other required hardware not included***
***Any software/hardware required to connect the Panasonic MDWD to the vehicle computer is
not included and is the responsibility of the client*....
$7,500.00
Logistic Systems, Inc.
2
ITEM NO: \, c,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
RESOLUTION 56-2006 - A RESOLUTION AUTHORIZING
SUBMITTAL OF THE APPLICATION FOR A 2007 JOINT
VENTURE GRANT TO JEFFERSON COUNTY OPEN SPACE FOR
THE CONSTRUCTION OF A RESTROOM BUILDING AT
CREEKSIDE PARK
D PUBLIC HEARING
D BIDS/MOTIONS
[g] RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
[g]
No
. lilt~u0~~/
Manwaring, Director Parks 2?"ecreation
EXECUTIVE SUMMARY:
The Jefferson County Open Space Department has ajoint venture program that allows cities to apply
for matching funds for new construction or maintenance projects. As part of the process required by
the Jefferson County Open Space grant application, a resolution is requested showing City Council
support for the requested project.
Funds from the Joint Venture Grant program are awarded annually by Open Space to cities and
districts in Jefferson County. A 50% match is required from the city's attributable share of open space
funds to match the grant.
The 2007 recommended joint venture grant application is a permanent restroom structure at Creekside
Park, located at 49th Avenue and Marshall Street. The Creekside Park long range plan included the
construction of a permanent restroom structure to accommodate the program needs of the park. This
project meets Goal 1: Creating A Sustainable City Government Objective 1: Well maintained City
Facilities and Infrastructure. This project is also one of the recommendations in the Parks and
Recreation Master Plan.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The park amenities currently include a playground, drinking fountain, three ball fields and a parking
lot. The park also serves as a trailhead for the east side of the Clear Creek Trail. When the park was
constructed in 2002-2003, the budget could not accommodate this structure. It is a needed amenity for
the park to support the volume of programs that are scheduled at this location. The contract for design
of the restroom was awarded at the October 23,2006 City Council meeting.
ALTERNATIVES CONSIDERED:
To not pass the resolution in support of the grant application and therefore not apply for the grant.
FINANCIAL IMPACT:
The design/construction document contract is in the amount of$32, 750. The cost of the building itself
is estimated at $180,000. Additional maintenance hours are estimated at (16) hours per year for
opening and closing and approximately two hours per day for daily maintenance. These hours will be
accommodated with the current staffing levels. Design and construction of the building are
appropriated in the Conservation Trust Fund (lottery dollars).
The grant request of$l 06,375 will be 50% of the cost ofthe project ($212,750) which includes design
and construction.
RECOMMENDED MOTION:
"I move to approve Resolution 56-2006 - A Resolution authorizing submittal ofthe Application for a
2007 Joint Venture Grant project to Jefferson County Open Space for the construction of a restroom
building at Creekside Park."
or,
"I move to deny Resolution 56-2006 - A Resolution authorizing submittal of the Application for a
2007 Joint Venture Grant Project to Jefferson County Open Space for the Construction of a Restroom
Building at Creekside Park for the following reason(s) "
Report Prepared by:
Reviewed by:
Joyce Manwaring, Parks and Recreation Director
Patrick Goff, Deputy City Manager
Attachments:
1. Resolution 56-2006
Request for City Council Action-report form
RESOLUTION NO. 56
SERIES OF 2006
TITLE:
A RESOLUTION AUTHORIZING SUBMITTAL OF THE APPLICATION
FOR A 2007 JOINT VENTURE GRANT PROJECT TO JEFFERSON
COUNTY OPEN SPACE FOR THE CONSTRUCTION OF A RESTROOM
BUILDING AT CREEKSIDE PARK
WHEREAS, the voters of Jefferson County voted on November 4, 1980 to allow for
maintenance and development of Open Space lands and property within Jefferson County, and
WHEREAS, Jefferson County Open Space has instituted a Joint Venture/Grant Project
Program, and
WHEREAS, the City of Wheat Ridge would like to apply for a Joint Venture/Grant
Project with Jefferson County Open Space
NOW THEREFORE, BE IT RESOLVED THAT:
The City of Wheat Ridge requests funding from Jefferson County Open Space for the
Joint Venture/Grant Project Creekside Park Restroom Building DONE AND RESOLVED
THIS 11th day of December, 2006.
Jerry DiTullio, Mayor
ATTEST:
Pamela Y. Anderson, City Clerk
ATTACHMENT 1
ITEM NO:
, .1)<<
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
RESOLUTION 57-2006 - A RESOLUTION AUTHORIZING
JEFFERSON COUNTY OPEN SPACE TO CONTINUE GOOD
FAITH NEGOTIATIONS AND TO ACQUIRE THE 1.25 ACRES OF
LAND, MORE OR LESS, LOCATED AT 4315 VAN GORDON
STREET (WILSON PROPERTY) AT THE NEGOTIATED PRICE
FOR PARKS AND RECREATION PURPOSES
o PUBLIC HEARING
o BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
!Zl
No
...
'. u- fYldA-t w!~ ,//?
ce Nanwaring, Director Par~ Recreation
XECUTlVE SUMMARY:
The City of Wheat Ridge Parks and Recreation Department has the opportunity to acquire land located
at 4315 Van Gordon Street, for Parks and Recreation purposes. This property is located on the west
side of and adjacent to Tabor Lake, which is in the Wheat Ridge Greenbelt. This resolution authorizes
Jefferson County Open Space to acquire the property at the negotiated purchase price of $211 ,500.
This acquisition will provide a land buffer on the west side ofthe Greenbelt in this area. Future plans
include revegetating the area to native grasses, providing a small parking area and formal access to the
Greenbelt and Tabor Lake from this location.
City Council approved Resolution 52-2005 on October 24,2005 to proceed with authorizing Jefferson
County to complete an appraisal, environmental assessment, survey, and negotiate the fair market
value ofthe property.
COMMISSION/BOARD RECOMMENDATION:,
Parks and Recreation Commission has received information regarding the acquisition of this property.
STATEMENT OF THE ISSUES:
The property historically and currently operates as the greenhouse location for a landscaping company.
There are buildings including the greenhouses located on the site. The Department does not currently
have the resources to maintain or use the greenhouses, so are not interested in retaining any of the
buildings on site.
A Phase I and limited Phase II Environmental Assessment and a Human Health Risk Assessment has
been completed on the property. The results of the Environmental Assessments and the Risk
Assessment were presented to City Council at Executive Sessions on March 6th and September 25,
2006.
Council reached a consensus at each session to move forward with further investigation of the results
of the assessment and acquisition of the property.
The results of the Environmental Assessments found soil contamination in the form of the pesticide
dieldrin. The levels of this pesticide exceed the Colorado Department of Public Health and
Environment (CDPHE) Draft Soil Cleanup Table Value Standard for ResidentiallUnrestricted land
use.
A Health Risk Assessment was then commissioned to determine the health risk to future users as well
as maintenance and construction workers. The results of the assessment indicate that, given the
expected future usage populations, frequencies of usage and exposure rates, the excess human cancer
risk due to the existing average concentration of dieldrin in on-site soil will be less than I in 1,000,000
which is the value that the U.S. Environmental Protection Agency (EP A) generally considers to be so
small as to be negligible.
Further assessment was made as to the risk of the pesticide traveling off the property into the water
body located to the east. Since deildrin adheres to soil and does not dissipate, and the environmental
assessment showed no contamination in the on site well, it was determined that the risk of the
pesticide traveling off site was negligible.
The buildings, equipment and property will be removed prior to purchase and acceptance of the
property.
The property is zoned agricultural, A-I.
ALTERNATIVES CONSIDERED:
To not acquire the property.
FINANCIAL IMPACT:
There is no direct expenditure of funds from the City's share of open space funds required to acquire
the property. The City of Wheat Ridge would be using previously purchased open space properties
dating to 1998 as a substitute for the 25% cash match required by Jefferson County Open Space. The
property would qualify to be purchased entirely with Jefferson County bond funds.
The property would require revegetation and additional fencing. Demolition of the buildings prior to
acquisition of the property would be negotiated as part of the acquisition offer.
The negotiated purchase price is $211, 500.
There may be browns field grants available from the State of Colorado to aid in the revegetation
process and the improvements recommended for the property.
RECOMMENDED MOTION:
"I move to approved Resolution 57 -2006 - A Resolution Authorizing Jefferson County Open Space to
Continue Good Faith Negotiations and to Acquire the 1.25 Acres of Land, More or Less, Located at
4315 Van Gordon Street (Wilson Property) at the Negotiated Price for Parks and Recreation
Purposes."
or,
"I move to deny approval of Resolution ;;7-2006 - A Resolution Authorizing Jefferson County Open
Space to Continue Good Faith Negotiations and to Acquire the 1.25 Acres of Land, More or Less,
Located at 4315 Van Gordon Street (Wilson Property) at the Negotiated Price for Parks and
Recreation Purposes for the following reason( s) "
Initiated by: Joyce Manwaring, Parks and Recreation Director
Reviewed by: Patrick Goff, Deputy City Manager
Attachments:
1. Resolution 57-2006
2. Map
061211 CAF Resolution 4315 Van Gordon,doc
RESOLUTION 57
SERIES OF 2006
TITLE:
A RESOLUTION AUTHORIZING JEFFERSON COUNTY OPEN SPACE TO
CONTINUE GOOD FAITH NEGOTIATIONS AND TO ACQUIRE THE 1.25
ACRES OF LAND, MORE OR LESS, LOCATED AT 4315 VAN GORDON
STREET (WILSON PROPERTY) AT THE NEGOTIATED PRICE FOR
PARKS AND RECREATION PURPOSES.
WHEREAS, The City of Wheat Ridge has approved a Resolution authorizing Jefferson
County Open Space to complete an Appraisal, Environmental Assessment, Survey, and negotiate the
fair market value of the 1.25 acres of property located at 4315 Van Gordon Street (Wilson Property);
and
WHEREAS, Jefferson County has completed the Environmental Assessment, Survey and
negotiated the fair market value; and
WHEREAS, The appraised value has been communicated with the City Council; and
WHEREAS, The negotiated fair market value is $211,500; and
NOW THEREFORE BE IT RESOLVED BY THE WHEAT RIDGE CITY COUNCIL THAT
1) JEFFERSON COUNTY OPEN SPACE BE AUTHORIZED TO CONTINUE GOOD FAITH
NEGOTIATIONS AND TO ACQUIRE THE 1.25 ACRES OF LAND, MORE OR LESS,
LOCATED AT 4315 V AN GORDON STREET AT THE NEGOTIATED FAIR MARKET
VALUE.
2) THE WILSON PROPERTY, LOCATED AT 4315 VAN GORDON STREET IS A
PRIORITY ACQUISITION FOR P ARK LAND AND THE FUTURE USES WILL BE FOR
P ARK AND RECREATION PURPOSES.
3) THE COST OF THE ACQUISITION INCLUDING LAND COST, ENVIRONMENTAL
ASSESSMENT, AND CLOSING COSTS WILL BE PAID FROM THE JEFFERSON
COUNTY BOND FUNDS WITH THE CITY OF WHEAT RIDGE MATCH
REQUIREMENT OF 25% MET THROUGH 1998 ACQUISITION EXPENDITURES.
4) THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE
ENVIRONMENTAL INDEMNIFICATION AGREEMENT.
DONE AND RESOLVED THE 11 th DAY OF DECEMBER 2006.
ATTEST
Jerry DiTullio, Mayor
Pamela Y. Anderson, City Clerk
ATTACHMENT 1
Wheat Klage ureenDeltLfJ\;Lwneat KlcgeLwllson
0505-020 1.25 Acres
/' L..A; 1'--
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500
o
2500 Feet
500
1000
1500 2000
s
,-
ITEM NO:
It ~
I
REQUEST FOR CITY COUNCIL ACTION
..
J[ [I,
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
RESOLUTION 58-2006 - A RESOLUTION ADOPTING BY
REFERENCE C.R.S. ~ 24-18-104 AS APPLICABLE TO PUBLIC
OFFICERS AND EMPLOYEES, INCLUDING INDEPENDENT
CONTRACTORS WITHIN THE CITY
D PUBLIC HEARING
D BIDS/MOTIONS
IZI RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
IZI
No
YILtU
City Manager
City Attorney
EXECUTIVE SUMMARY:
On November 7, 2006, the Colorado voters adopted Amendment 41. The Amendment added a new
Article XXIX to the Colorado Constitution entitled "Ethics in Government". The Amendment bans
public officials and employees from receiving gifts and other items of value, whether or not connected
with public office. The Amendment also establishes stringent controls on gifts, entertainment and
other forms of activity engaged in by private organizations lobbying public officials. The provisions
of the Amendment are considerably more stringent than the existing statute, which was enacted in
1988, and which applies to the City, since the City has no charter or code provision on those subjects.
The Amendment will take effect before January 1, 2007. The potential impact of the Amendment on
City officials and employees is significant because it is so much more stringent than the state statute.
Amendment 41 was discussed at the December 4,2006 City Council Study Session and a decision was
made to bring forth a resolution, as permitted by the Amendment, to address the subjects covered by
Amendment 41 via local legislation. The resolution adopts by reference the existing statute on this
subject. Since the City has not previously had local legislation on this subject, this statute has applied
to the City and its officials and employees since its enactment. Adoption of this resolution confirms
that the state statute continues to apply, and that Amendment 41 does not.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
If the City were to take no action, Amendment 41 would become applicable within the City. The
potential impact of Amendment 41 on City officials and employees is significant, because it is so
much more stringent than the state statute. The Amendment is more stringent than state statutes in
several areas including: gifts to local government officials, restrictions on representation after leaving
office and penalties.
AL TERNA TIVES CONSIDERED:
Another alternative considered would be to take no action which would allow Amendment 41 to
become applicable within the City.
FINANCIAL IMPACT:
There is no financial impact associated with the adoption of this resolution.
RECOMMENDED MOTION:
"I move to approve Resolution 58-2006 - A Resolution Adopting by Reference C.R.S. ~ 24-18-104 as
Applicable to Public Officers and Employees, Including Independent Contractors within the City."
or,
"I move to deny Resolution 58-2006 - A Resolution Adopting by Reference C.R.S. ~ 24-18-104 as
Applicable to Public Officers and Employees, Including Independent Contractors within the City for
the following reason( s) "
Report Prepared by: Jerry Dahl, City Attorney
Reviewed by: Patrick Goff, Deputy City Manager
Attachments:
1. November 29,2006 Memorandum to Mayor & City Council from Gerald E. Dahl, City Attorney
2. Resolution 58-2006
061211 Amendment 41 CAF.doc
.. MURRAY
DA~L
. ... _ KUE" "'ENME' ST",..
Rr;;:NAU P LLP
.\TTORNEY~ .\T LAW
III 2401 15th Street Suite 200 DenveT, Colontdo 80202 phone 30.3.493.6670 Fax 303.477.0965
MEMORANDUM
TO: Mayor & Council
cc: Randy Young, City Manager
FROM: Gerald E. Dahl, City Attorney
DATE: November 29, 2006
RE: Compliance with Amendment 41: Ethics in Government
As you are likely aware, the voters adopted Amendment 41 on the November 7, 2006
statewide general election ballot. This initiated measure (copy attached) added a new
Article XXIX to the Colorado Constitution entitled "Ethics in Government." In general,
the Amendment bans public officials and employees from receiving gifts and other items
of value, whether or not connected with public office. It also establishes stringent
controls on gifts, entertainment and other forms of activity engaged in by private
organizations lobbying public officials. There is a great deal of uncertainty about the
scope of the Amendment. The provisions of the Amendment are considerably more
stringent than the existing statute on the subject, C.R.S. 924-18-101, et seq., which
was enacted in 1988, and which applies to the City, since the City has no charter or
code provision on those subjects. The City does have a charter provision on conflicts of
interest, Charter Section 3.14, but this provision is narrow in scope and does not
address the subjects covered by Amendment 41.
The Amendment will take effect before January 1, 2007. The potential impact of the
Amendment on City officials and employees is significant, because it is so much more
stringent than the state statute. For example:
Gifts to local aovernment officials
Current Rules: The current rules regarding gifts to local government officials are found
at C.R.s. 9 24-18-104. These rules provide that local government officials shall not
accept a gift of substantial value or substantial economic benefit which would tend to
improperly influence a reasonable person in the faithful and impartial discharge of his
ATTACHMENT 1
public duties or which a reasonable person in his position should know under the
circumstances is primarily for the purpose of rewarding him for official action he has
taken. The following are not considered gifts of substantial value:
[NOTE: Changes that will take effect as a result of Amendment 41 are indicated as
either strikethroughs or noted in bold as new provisions.]
· campaign contributions reported as required by 9 1-45-108 C.R.S;
. occasional nonpecuniary gift of insignificant value;
. nonpecuniary award publicly presented by a nonprofit organization in recognition
of public service;
· payment of or reimbursement for actual and necessary expenditures for tfa.ve.l
[$50 per year limit] and subsistence for attendance at a convention or other
meeting at which such local government official is scheduled to participate
· reimbursement for an opportunity to participate in a social function or meeting
offered to the local government official which is not extraordinary when viewed in
light of the position held by such local government official
· Items of perishable or nonpermanent value (meals, lodging travel expenses,
event tickets) [$50 per year limit]
· Payment for speeches, appearance or publications reported pursuant to 24-6-
203 [$50 per year limit]
· Payment of salary from employment, including other government employment in
addition to that earned from service in public office
New Rules: (1) No local government official shall accept or receive any money,
forbearance or forgiveness of debt unless gives something of equal value in return.
(2) No local government official either directly or indirectly as the spouse or parent of the
recipient shall solicit, accept or receive any gift or other thing of value having a fair
market value or aggregate actual cost greater than $50 in any calendar year from a
person without the person receiving lawful consideration of equal or greater value in
return. (3) These prohibitions do not applv if the gift or thing of value is:
. a campaign contribution as defined by law
· an unsolicited item of trivial value less than $50 (pen, calendar, plant, book, note
pad, etc.)
· an unsolicited token or award of appreciation (plaque, trophy, desk item, wall
memento, etc.)
· informational material related to the official's performance of official duties
· admission and cost of food or beverages consumed at a reception, meal or
meeting by an organization before whom he recipient appears to speak or
answer questions
. reasonable expenses paid by a nonprofit organization (that receives less
than 5% of its funding from for-profit organizations or entities) or other
state or local government for attendance at a convention, fact-finding mission
2
or trip, or other meeting if the person is scheduled to deliver a speech, make a
presentation, participate on a panel, or represent the local government
· given by a relative or personal friend on a special occasion
· a component of the compensation paid or other incentive given to the recipient in
the normal course of employment
The $50 limit will be adjusted for inflation every four years.
Restrictions on reoresentation after leavina office
Statewide office holders and members of the general assembly are prohibited from
being paid to personally represent another person or entity before any other statewide
elected officeholder or member of the general assembly for two years after leaving
office. These restrictions currently only apply to statewide officer holders and members
of the general assembly, but the Amendment provides that laws may be enacted to
place similar restrictions on local government officials.
Penaltv
The penalty for violating Article XXIX is double the amount of financial equivalent of any
benefit obtained by such action. The state legislature (or the people through initiative or
referendum) may provide for the manner of recovery and additional penalties.
Imoact on Home Rule Municioalities
As a home rule municipality, the City has considerable flexibility on this subject not
available to statutory municipalities. Amendment 41 specifically states, with respect to
home rule counties and municipalities, that to the extent they have acted by charter,
ordinance or resolution to adopt rules addressing the matters "covered" by
Amendment 41, those rules, and not Amendment 41, will apply. This is a recognition of
home rule power, and permits the City to enact its own rules on the subject which may
be more or less stringent as those in Amendment 41. Statutory municipalities and
counties do not have this opportunity.
Recommendation
Alternative No.1: Adopt Local Rules
I recommend that the City act, as permitted by the Amendment, to address the subjects
covered by Amendment 41 via local legislation. Since Amendment 41 specifically
allows home rule municipalities to do so by charter, ordinance or resolution, I suggest
that the City act by resolution. This will be easier to amend if necessary. The resolution
I recommend is attached. That resolution simply adopts by reference the existing
statute on this subject, C.R.S. 924-18-104. Because the City has not previously had
3
local legislation on this subject, this statute has applied to the City and its officials and
employees since its enactment.
The net effect of adopting the attached resolution will merely be to confirm that the
statute continues to apply, and that Amendment 41 does not. This is a quick and simple
solution to the issues raised by the Amendment 41. Of course, should the Council wish
to adopt different (either more or less stringent) rules than those contained in the
statute, this can certainly be done. However, that process may take more time.
Alternative No.2: No Action
It may be that the Council is not concerned with the impact of Amendment 41 and/or
supports its restrictions. If that is the case, the Council may choose to not act at this
time and then allow the Amendment to become applicable within the City.
I will be pleased to answer any questions you may have.
4
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 58
Series of 2006
TITLE: A RESOLUTION ADOPTING BY REFERENCE C.R.S ~ 24-18-104
AS APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES,
INCLUDING INDEPENDENT CONTRACTORS WITHIN THE CITY
WHEREAS, on November 7, 2006, the voters approved Amendment 41 on the
statewide general election ballot; and
WHEREAS, Amendment 41 adopts a new Article XXIX of the Colorado
Constitution entitled "Ethics in Government"; which article deals in detail with receipt of
gifts and things of value by and lobbying and ethical principles applicable to public
officials; and
WHEREAS, by its terms, Amendment 41 applies to local government officials
and employees, including those of the City; and
WHEREAS, Section 7 of Amendment 41 provides that home rule municipalities
may act by charter, ordinance or resolution to adopt regulations on the subjects covered
by Amendment 41, which regulations may be more or less stringent than those
contained in Amendment 41; and
WHEREAS, the City's Home Rule Charter at Section 3.14 presently addresses
only conflicts of interest; and
WHEREAS, the City Council wishes to act by resolution, as permitted by
Amendment 41, to adopt regulations addressing the matters covered by Amendment
41; and
WHEREAS, the City Council is of the opinion that C.R.S. S 24-18-104, as such
statute presently exists on the effective date of this Resolution, contains appropriate
restrictions on the matters covered by Amendment 41; and
WHEREAS, the City Council finds that it is in the best interests of the public
officers and employees of the City that such requirements be confirmed as applicable
within the City rather than the requirements contained in Amendment 41, all as
permitted by Amendment 41 itself.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Wheat
Ridge, Colorado:
ATTACHMENT 2
Section 1. C.R.S. & 24-18-104 Adooted bv Reference. Pursuant to the
Authority vested in it by Article XXIX, Section 7 of the Colorado Constitution, Article XX,
Section 6 of the Colorado Constitution, the City Council hereby adopts by reference
C.R.S. 9 24-18-104, as such statute presently exists as of the date of this Resolution, as
a binding regulation applicable to all elected and appointed officials, employees and
independent contractors within the City, as more fully described in said statute. A true
and correct copy of C.R.S. 9 24-18-104 as adopted hereby is attached hereto as
Exhibit A and fully incorporated herein by this reference.
Section 2. Comolaints: Enforcement: Penaltv. The City Council shall have
exclusive authority for enforcement of this Resolution. All complaints hereunder shall
be filed with the Council within one (1) year after the date of the alleged violation. The
Council shall take such action and impose such penalty thereon, if any, as it deems
appropriate. Final action by the Council shall be final action by the City on the matter.
Section 3. This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this
day of
,2006.
Jerry DiTullio, Mayor
ATTEST:
Pamela Anderson, City Clerk
2
EXHIBIT A
C.R.S. ~ 24-18-104
Section 1.24-18-104. Rules of conduct for all public officers, members of the
general assembly, local government officials, and employees.
(1) Proof beyond a reasonable doubt of commission of any act enumerated in this
section is proof that the actor has breached his fiduciary duty and the public trust. A
public officer, a member of the general assembly, a local government official, or an
employee shall not:
(a) Disclose or use confidential information acquired in the course of his official
duties in order to further substantially his personal financial interests; or
(b) Accept a gift of substantial value or a substantial economic benefit tantamount to
a gift of substantial value:
(I) Which would tend improperly to influence a reasonable person in his position to
depart from the faithful and impartial discharge of his public duties; or
(II) Which he knows or which a reasonable person in his position should know under
the circumstances is primarily for the purpose of rewarding him for official action he has
taken.
(2) An economic benefit tantamount to a gift of substantial value includes without
limitation a loan at a rate of interest substantially lower than the commercial rate then
currently prevalent for similar loans and compensation received for private services
rendered at a rate substantially exceeding the fair market value of such services.
(3) The following shall not be considered gifts of substantial value or gifts of substantial
economic benefit tantamount to gifts of substantial value for purposes of this section:
(a) Campaign contributions and contributions in kind reported as required by section
1-45-108, C.R.S.;
(b) An occasional nonpecuniary gift, insignificant in value;
(c) A nonpecuniary award publicly presented by a nonprofit organization in
recognition of public service;
(d) Payment of or reimbursement for actual and necessary expenditures for travel
and subsistence for attendance at a convention or other meeting at which such public
officer, member of the general assembly, local government official, or employee is
scheduled to participate;
3
(e) Reimbursement for or acceptance of an opportunity to participate in a social
function or meeting which is offered to such public officer, member of the general
assembly, local government official, or employee which is not extraordinary when
viewed in light of the position held by such public officer, member of the general
assembly, local government official, or employee;
(f) Items of perishable or nonpermanent value, including, but not limited to, meals,
lodging, travel expenses, or tickets to sporting, recreational, educational, or cultural
events;
(g) Payment for speeches, appearances, or publications reported pursuant to
section 24-6-203;
(h) Payment of salary from employment, including other government employment, in
addition to that earned from being a member of the general assembly or by reason of
service in other public office.
(4) The provisions of this section are distinct from and in addition to the reporting
requirements of section 1-45-108, C.R.S., and section 24-6-203, and do not relieve an
incumbent in or elected candidate to public office from reporting an item described in
subsection (3) of this section, if such reporting provisions apply.
4
ITEM NO: I F
-l I \
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
RESOLUTION 59-2006 - A RESOLUTION AMENDING THE 2006
FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
IN THE AMOUNT OF $5,500 FOR MONTHLY FEE
EXPENDITURES ASSOCIATED WITH IMPLEMENTATION OF A
SWEEP ACCOUNT
o PUBLIC HEARING
o BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
~
No
/~~ ~-
Mary J. Cavarra, City Treasurer
City Manager
EXECUTIVE SUMMARY:
On September 1, 2006, the City switched three of its accounts to two accounts to facilitate a sweep
account. In this type of account, all funds come into the checking account which pays no interest, and
are electronically "swept" into a liquid asset account which is currently paying 4.8% APY. With the
prior system, no fees were assessed. Monthly fees for the past three months have ranged from
approximately $900 to $1,300 and there is currently no dollars budgeted for payment of these fees.
The sweep account will be reviewed on a regular basis to assure that the additional interest income
offsets the fees. The City Treasurer requests City Council approval to amend the 2006 Budget to
allow a supplemental budget appropriation in the amount of$5,500 for expenditures associated with
the implementation of a sweep account.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
On September 1, the City switched three of its accounts to two accounts to facilitate a sweep account.
In this type of account, all funds come into the checking account which pays no interest, and are
electronically "swept" into a liquid asset account which is currently paying 4.8% APY. With the prior
system, no fees were assessed. The monthly fee charge for September, October and November has
ranged from approximately $900 to $1,300 which is offset by the higher interest rates and savings of
staff time as money does not have to be moved manually.
This transfer is necessary for accounting reasons as bank charges are in a different account from
interest income. Interest income was budgeted at $180,000 for all of2006, and as of September 30,
2006, the income received was $200,867. The sweep account will be reviewed on a regular basis to
assure that the additional interest income offsets the fees.
AL TERNA TIVES CONSIDERED:
Do not approve the resolution.
FINANCIAL IMPACT:
This supplemental budget appropriation in the amount of $5,500 will cover all 2006 charges
associated with the sweep account. There are adequate funds in the General Fund undesignated
reserves to fund this request. For 2007, fees for the sweep account have been included as part ofthe
2007 approved budget.
RECOMMENDED MOTION:
"I move to approved Resolution 59-2006 - A Resolution Amending the 2006 Fiscal Year General
Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of
$5,500 for Monthly Fee Expenditures Associated with Implementation of a Sweep Account."
or,
"I move to deny approval of Resolution 59-2006 - A Resolution Amending the 2006 Fiscal Year
General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount
of$5,500 for Monthly Fee Expenditures Associated with Implementation of a Sweep Account for the
following reason( s) "
Report Prepared by:
Reviewed by:
Mary 1. Cavarra, City Treasurer
Patrick Goff, Deputy City Manager
Attachments:
1. Resolution 59-2006
061211 Request for reA - Sweep acct.doc
RESOLUTION NO. 59
Series of 2006
TITLE:
A RESOLUTION AMENDING THE 2006 FISCAL YEAR
GENERAL FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $5,500 FOR
MONTHLY FEE EXPENDITURES ASSOCIATED WITH
IMPLEMENTATION OF A SWEEP ACCOUNT
WHEREAS, on September 1, 2006, the City switched three of its accounts to two
accounts to facilitate a sweep account; and
WHEREAS, the monthly fee charge associated with the sweep account will be
offset by the higher interest rates and savings of staff time as money does not have to be
moved manually; and
WHEREAS, the sweep account will be reviewed on a regular basis to assure that
additional interest income offsets the fees; and
WHEREAS, a supplemental budget appropriation is necessary to cover 2006
expenditures associated with implementation of the sweep account; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City Council adopting a Resolution;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
The following amendment to the 2006 General Fund Budget is hereby approved:
(a) A supplemental budget appropriation from General Fund undesignated reserves in
the amount of$5,500 to account #01-103-700-799 for monthly fee expenditures
associated with implementation of a sweep account.
This resolution shall be effective immediately upon adoption.
DONE AND RESOLVED THIS 11th DAY DECEMBER. 2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 1
ITEM NO: __' 6 I
REQUEST FOR CITY COUNCIL ACTION
~,.,....~".
/.: -r...'......... .t.,~o-~--
~.,f''''' _ -,;,t~. :.;;.'Jr:;~,~,;
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
MOTION TO APPOINT ACTING CITY CLERK
o PUBLIC HEARING
[gJ BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial: 0
Yes
o
\ """-- fl JlJ~ It'b-1;\ (Jud>>
~lerk .J
[gJ
No
J)~~
City Manager c..,/
EXECUTIVE SUMMARY:
Due to the recent election of Pam Anderson as Jefferson County Clerk and Recorder-Elect, there will
be a vacancy in the position of Wheat Ridge City Clerk. City Clerk Anderson will resign, effective
January 1, 2007. In the memorandum from City Attorney Gerald Dahl (see Attachment 1), the process
for appointment of the vacancy is described. In the interim, it is recommended that Deputy City Clerk
Christa Jones is appointed Acting City Clerk
COMMISSION/BOARD RECOMMENDATION:.
N/A
STATEMENT OF THE ISSUES:
An announcement has been published regarding the vacancy of the City Clerk's position in the
newspaper, on the City web-site, and on Channel 8. Letters ofInterest and resumes will be accepted
through Friday, December 22,2006 at which point the City Council will determine the process for
interviews and appointment. As an interim measure, and in order to ensure that the work of the office
is continued on and after Ms. Anderson's resignation it is recommend that the Council appoint the
current Deputy Clerk as Acting City Clerk while the permanent appointment process is completed.
This motion would be effective January 1,2007 until the permanent appointment is made.
While the qualifications for appointment to the vacancy requires the applicant is a registered elector
and resident of the City for at least twelve (12) months preceding the date of appointment, the Acting
Clerk does not need to have the qualifications (residency; registered elector) as the permanent
appointee.
ALTERNATIVES CONSIDERED:
Do not make the Acting City Clerk appointment.
FINANCIAL IMP ACT:
N/A
RECOMMENDED MOTION:
"I move to appoint Deputy City Clerk Christa Jones Acting City Clerk, effective January 1,2007 until
a permanent appointment can be made."
or,
"I move to deny the appointment for the following reason(s)
"
Attachments:
1. City Attorney Gerald Dahl Memorandum.
III MURRAY
DAHL
lID Ku~Ca...U=:NM~15T~R
R~NAU D LLP
ATrORNEysArLAw
. 2401 15th Street Suite 200 Denver, Colorado 80202 Phone 303.493.6670 Fax 303.477.0965
TO: Mayor & City Council
FROM: Gerald E. Dahl, City Attorney
DATE: November 14, 2006
RE: Vacancy in the Office of City Clerk
As Council is aware, City Clerk Pam Anderson has been elected Jefferson
County Clerk & Recorder. She will be sworn in on January 9,2006 and informs me that
she intends to resign her position with the City effective January 1, 2007.
This resignation will create a vacancy in the office of City Clerk. Charter
Section 3.11 (c) requires the Council to fill this vacancy:
Sec. 3.11. Vacancies in elective offices.
(c) If a vacancy occurs in the office of the city clerk or city
treasurer, no special election shall be called but such
vacancy shall be filled by appointment by the council for the
remainder of the term.
The person appointed must have the same qualifications as required for
candidates for this office: registered elector and resident of the City for at least twelve
(12) months preceding the date of appointment. The appointment will be for the
remainder of Ms. Anderson's present term - expiring November 6,2007.
The Charter does not specify a procedure for the Council to act to fill this
vacancy. As an interim measure, and in order to ensure that the work of the office is
continued on and after January 1, I recommend that the Council appoint the current
Deputy Clerk as Acting City Clerk while the permanent appointment process is
completed. The Acting Clerk does not need to have the qualifications (residency;
registered elector) as the permanent appointee.
For the permanent appointment, Council can simply appoint a qualified
individual, or advertise for qualified applicants and conduct interviews.
ATTACHMENT 1
ITEM NO:
2,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
COUNCIL BILL 30-2006, AN ORDINANCE AMENDING SECTION
5-84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
THE PRESCRIPTIVE ENERGY CODE (CASE NO. WCA-06-05)
[g] PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date: November 27,2006)
~ ORDINANCES FOR 2ND READING
Quasi-Judicial: 0
~~,
[g]
No
Community Development Director
City Manager
IV
EXECUTIVE SUMMARY:
Council adopted the 2003 International Building Codes in 2004, including the 2003 International
Energy Conservation Code (IECe). As an option to complying with the International Energy Code,
the City adopted the Prescriptive Energy Code. The Prescriptive Energy Code allows an owner to
install a 90% efficient furnace in lieu of performing the energy audits (RES check or COMcheck)
required under the IECe.
This item was amended by Council at first reading to require 90% furnaces only for new construction,
unless REScheck or COMcheck indicates an 80% furnace would meet the requirements ofthe IECC.
All replacements would be allowed to be 80%. In all instances, sizing of thefumace would be
required by the contractor. The Building Official would be authorized to make hardship
determinations. The ordinance has been changed to reflect these amendments.
Adoption of this ordinance implements Council's goals of providing better quality housing stock and
planning for growth and opportunities.
COMMISSION/BOARD RECOMMENDATION:
The Building Code Advisory Board recommended adoption of the Prescriptive Energy Code with the
90% efficient furnace option.
STATEMENT OF THE ISSUES:
The current requirement is that REScheck and COM check must be performed. In lieu of this, an
owner can opt to use a 90% furnace, or request a hardship determination. REScheck and COM check
allow 80% furnaces to be used if the entire structure receives a passing grade. This could include
replacing windows, installing storm doors, and performing any number of energy saving actions while
using an 80% furnace. Many owners and contractors do not want to take the time to perform these
audits and possibly will not have the information to completely perform REScheck.
The cost ofthe 90% furnaces has been a major concern. Some ofthe additional cost is the cost ofthe
unit, but also the cost of installing new venting. The installation of an 80% furnace might require the
installation of new venting as well, increasing the cost of an 80% furnace. Also, we heard from the
furnace supplier that many contractors simply replace a furnace with the same size (BTU) furnace as
was removed. It could be that the cost of a smaller 90% furnace would equal the cost of a larger 80%
furnace.
ALTERNATIVES CONSIDERED:
1. Allow 80% furnace replacements for owner-occupied units only. Require 90% furnaces for new
construction, rental unit replacements, and all commercial replacements, unless REScheck or
COMcheck is performed.
2. Require 80% furnaces in all instances.
3. Retain the existing requirement to require REScheck or COMcheck, or opt to follow the
Prescriptive Energy Code and install a 90% furnace.
FINANCIAL IMPACT:
There could be a change in the amount of building permit revenue and use tax collected by the City,
but it is difficult to predict if it will be an increase or decrease.
RECOMMENDED MOTION:
"I move to adopt Council Bill 30-2006 on second reading, and that it take effect 15 days after final
publication. "
Report Prepared by: Alan White, Community Development Director
Reviewed by:
Attachments:
1. Council Bill 30-2006
I:\Bui\ding\Code changes\PEC Amendment 2nd CAF,doc
INTRODUCED BY COUNCIL MEMBER GOKEY
Council Bill No. 30-2006
Ordinance No.
Series of 2006
TITLE:
AN ORDINANCE AMENDING SECTION 5-84 OF
THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO THE PRESCRIPTIVE ENERGY
CODE.
WHEREAS, the City Council ofthe City of Wheat Ridge finds it in the public
interest to encourage energy conservation; and
WHEREAS, the City Council adopted a Prescriptive Energy Code in December
2004 which went into effect in January 2005; and
WHEREAS, the City Council desires to amend said Prescriptive Energy Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 5-84(b) ofthe Wheat Ridge Code of Laws is hereby amended
as follows:
(b) Amendments. The energy conservation code adopted by this section is hereby
amended. . . . .
Chapter 1. Administration
101.2 Scope
Exception:
1. Builder may use the City of Wheat Ridge Prescriptive Energy Code as
adopted by the City of Wheat Ridge instead of the 2003 Energy Conservation
Code.
The Prescriptive Energy Code requirements for the City of Wheat Ridge are listed below.
In lieu of compliance with the Prescriptive Energy Code, energy calculations provided by
a registered Colorado Engineer demonstrating compliance with the International Energy
Code will be accepted prior to issuance of a building permit.
ATTACHMENT 1
Space Heating System Performance
Gas Furnaces
Gas boilers (including snow melt boilers)
9()o/v .~ Sized according to
ACCAf ANSI Manual J. 90% AFUE
required for all new construction, unless
REScheck or COMcheck indicates 80%
AFUE will meet IECC. All replacement
furnaces may be 80% AFUE. Building
Official is authorized to make hardship
determinations.
90% AFUE Sized according to
ACCAJANSI ManualJ. 90% AFUE
required for all new construction, unless
REScheck or COMcheck indicates 80%
AFUE will meet IECC. All replacement
furnaces may be 80% AFUE. Building
Official is authorized to make hardship
determinations.
Section 2. Safetv Clause. The City Council hereby finds, determines. and
declares that this ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and
that this ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 3. Severabilitv: Conflictin!:! Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining section, subsections and clauses shall not be
affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0
on this 27th day of November, 2006, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for December 11, 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500
West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of to , this day of , 2006
SIGNED by the Mayor on this
day of
,2006
-
JERRY DITULLIO, MAYOR
A TrEST:
Pamela Y. Anderson
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1 st Publication: November 30, 2006
2nd Publication:
Wheat Ridge Transcript
Effective Date:
ITEM NO: 3 ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
COUNCIL BILL 31-2006. AN ORDINANCE AMENDING SECTION
5-85 OF THE WHEAT RIDGE CODE OF LA WS PERTAINING TO
tHE INTERNATIONAL RESIDENTIAL CODE (CASE NO. WCA-
06-06)
C8J PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date: November 27,2006)
[gJ ORDINANCES FOR 2ND READING
Quasi-Judicial: 0
~~,
~
No
)7 t
~~AJ, ~
City Manager .
Community Development Director
EXECUTIVE SUMMARY:
Council adopted the 2003 International Building Codes in 2004, including the 2003 International
Residential Code (IRC). Chapter 3 of that Code establishes the requirements for building planning
and an amendment approved at the time of adoption was a wind speed of 11 0 miles per hour, 3-second
wind gust. The 3-second wind gust was a new measure of wind speed adopted in the international
codes. Previous codes used a sustained wind speed.
This ordinance was amended by Council on first reading to change the wind speed to 100 miles per
hour, 3-second wind gust, exposure C. Exposure C requires engineering for any structure over three
stories.
Action on this item implements Council's strategic goals of providing better quality housing stock and
planning for growth and development.
COMMISSION/BOARD RECOMMENDATION:
The Building Code Advisory Board recommended adoption of the 110 miles per hour, 3-second wind
gust requirement.
STATEMENT OF THE ISSUES:
At the time of adoption ofthe 3-second wind gust standard, many products had not been tested. Now
that tests have been completed, many products now meet the 110 mph 3-second wind gust
requirement.
The dividing line between the 110 and 100 mph zones is Kipling. Golden and Lakewood have
adopted 100 mph. Arvada has four zones.
The 110 standard requires all structures to be engineered, including all wood-frame structures such as
single family structures and additions, carports, garages, sheds, and other minor structures. The 100
mph standard does not.
The wind speed requirement affects other areas of building planning, not just shingles. Other areas
affected are the structure, windows, sheer walls, and uplift on porches and carports. The design of
membrane structures and signs is also affected.
ALTERNATIVES CONSIDERED:
1. Retain the 110 mph, 3-second wind gust standard.
2. Create two different zones as in the proposed ordinance.
FINANCIAL IMPACT:
There will be no financial impact to the City as a result of adopting this ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill 31-2006 on second reading and that it take effect 15 days after final
pub lication."
Report Prepared by: Alan White, Community Development Director
Reviewed by;
Attachmen ts:
1. Council Bill 31-2006.
I:\Building\Code changes\Res Wind Speed Amendment 2nd CAF,doc
INTRODUCED BY COUNCIL MEMBER BERRY
Council Bill No. 31-2006
Ordinance No.
Series of 2006
TITLE:
AN ORDINANCE AMENDING SECTION 5-85 OF
THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO UiE INTERNATIONAL
RESIDENTIAL CODE.
WHEREAS, the City Council of the City of Wheat Ridge finds it in the public
interest to provide minimum standards for the construction of residential structures in the
City; and '
WHEREAS, the City Council adopted a the International Residential Building
Code in December 2004 which went into effect in January 2005; and
WHEREAS, the City Council desires to amend said Residential Building Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 5-85(b) of the Wheat Ridge Code of Laws is hereby amended
as follows:
(b) Amendments. The residential code adopted by this section is hereby amended
as follows. . . . .
Chapter 1. Administration
Chapter 3. Building Planning
R301.2 Table301.2. Add to table as follows:
Wind speed is 100 mph 3 second wind gust, exposure C.
Section 2. Safetv Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and
that this ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the ordinance bears a rational relation to the proper legislative object sought to be
attained.
ATTACHMENT 1
Section 3. Severabilitv: Conflicting: Ordinances Revealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining section, subsections and clauses shall not be
affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of8 to 0
on this 27th day of November, 2006, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for December 11,2006, at 7:00 o'clock p.m., in the Council Chambers, 7500
West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of to , this day of . 2006
SIGNED by the Mayor on this
day of
, 2006
JERRY DITULLIO, MAYOR
ATTEST:
Pamela Y. Anderson
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Publication: November 30,2006
2nd Publication:
Wheat Ridge Transcript
Effective Date:
ITEM NO: ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: December 11,2006
TITLE:
A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW
EXPANSION OF AN EDUCATION BUILDING AS ANCILLARY
TO A CHURCH IN AN R-1 ZONE DISTRICT LOCATED AT
11225 W. 32ND AVENUE (SUP-06-04/APPLEWOOD BAPTIST
CHURCH)
IZI PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
o ORDINANCES FOR 1 ST READING
D ORDINANCES FOR 2ND READING
Quasi-Judicial: IZI
~~
o
No
Community Development Director
EXECUTIVE SUMMARY:
Applewood Baptist Church is requesting approval of a special use permit for the property located at
11225 W. 32nd Avenue. The property is currently zoned R-l, Residential-One and has an existing
24,815 square foot education building, parking and landscaping on it. The applicant wishes to construct
a 35,685 square foot addition to the existing education building with expanded parking and landscaping.
The subject parcel is 6.85 acres in size.
This request is being heard on appeal of an administrative denial of the application.
COMMISSION/BOARD RECOMMENDATION:
A special use permit request starts as an administrative review. A ten-day public notice period begins
during which comments may be submitted in favor of or against the proposal. If any relevant objections
are received during the public notice period, the request must be forwarded to City Council for review.
Staff received 2 letters of objection regarding the request; therefore, it has been forwarded to City
Council for review.
STATEMENT OF THE ISSUES:,
One of the primary issues of controversy surrounding this request is traffic. Concern expressed both at
the neighborhood meeting and in the letters of objection received was related to the existing traffic
volumes on W. 32nd Avenue and the increase due to the expansion.
Public Works has reviewed the traffic impact analysis and has concluded that W. 32nd Avenue can
accommodate additional anticipated trips and that a westbound turn lane on 32nd Avenue is not needed.
An item of concern of Staff s is the amount of pedestrian traffic that crosses 32nd Avenue between the
main church and education building. W. 32nd Avenue is classified as a collector and carries roughly
8700 vehicle trips per week day (2001 count). The current pedestrian traffic is handled through church-
provided crossing guards. Staff is recommending the installation of a pedestrian signal as a condition of
approval and that it be installed prior to the issuance of a C.O. for the expanded building.
AL TERNA TIVES CONSIDERED:
1. Approve the special use permit.
2. Deny the special use permit.
3. Continue the case for more information.
FINANCIAL IMPACT:
The City has received a one-time application fee for the land use application. The City will receive
a one-time building permit fee and City use tax for the cost of the improvements to the property.
,
RECOMMENDED MOTIONS:
, '
Option A:
"I move to approve Case No. SUP-06-04, a request for approval of a Special Use Permit to allow
expansion of an education building as ancillary to a church in an R -1 zone district at 11225 W. 32nd
A venue, for the following reasons:
1. This request for special use meets all applicable conditions as required by Section
26-114 of the City of Wheat Ridge Code of Laws.
2. Staff has received written comments in opposition to this request from two adjacent
property owners.
3. All minimum development standards of the R -1 zone district regulations have been
met.
4. The proposed design meets or exceeds the provisions of Section 26-501 (Off-street
parking) and Section 26-502 (Landscaping) of the zoning and development code.
5. All agencies can serve the property with necessary upgrades.
6. There has been a history of compliance of the property with the provisions of the
Zoning and Development Code.
With the following conditions:
1. The special use shall be a personal grant of use to the applicant, Applewood Baptist
Church, and does not run with the land.
2
2. The SUP be limited to church-related education activities. A private school is not
permitted under the purview of this SUP approval.
3. Upon reconstruction of the parking lot, the site be brought into conformance with
today's standards for site lighting as indicated on the photometric plan.
4. At the time of building permit, a drainage plan and report, a grading and erosion
control plan and civil design documents be submitted for review and approval.
5. Prior to the issuance of a certificate of occupancy for the education building addition,
a pedestrian signal be installed on W. 32nd Avenue. Both the City of Wheat Ridge
and City of Lakewood shall review and approve the design prior to installation and
the City of Lakewood shall be responsible for maintenance."
Option B:
"I move to deny Case No. SUP-06-04, a request for approval of a Special Use Permit to allow
expansion of an education building as ancillary to a church in an R -1 zone district at 11225 W. 32nd
Avenue, for the following reasons:
1. There have been objections filed regarding the application.
2. There will be visual impacts on the neighborhood, as well as an increase in traffic on
W. 32nd Avenue.
3. There will be a negative impact on the light and air to adjacent properties.
4. There will be air and noise pollution generated by vehicles entering and exiting the
expanded parking area.
5. There will be unacceptable safety hazards to pedestrians and vehicles."
Option C:
"I move to continue Case No. SUP-06-04, a request for approval of a Special Use Permit to allow
expansion of an education building as ancillary to a church in an R -1 zone district at 11225 W. 32nd
Avenue, to the January 22,2007 City Council meeting to give the applicant opportunity to provide
the following additional information: '
1. Size of the congregation.
2. Explanation of use of the existing facility.
3. Schedule of use for the existing facility for all days of the week.
4. Explanation of use of the proposed facility.
5. Schedule of use for the proposed facility.
6. Who is allowed to use the existing and proposed facilities.
7. Whether the traffic study needs to be updated to include all days of the week, not just
Sundays and Wednesdays.
8. Vehicular and pedestrian traffic patterns related to the crossing ofW. 32nd Avenue."
Report Prepared by: Meredith Reckert, 303.235.2848
Reviewed by: Alan White
Attachments:
1. City Council staff report (with exhibits)
3
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: City Council
CASE MANAGER: Meredith Reckert
CASE NO. & NAME:
SUP-06-04/ Applewood Baptist Church
DATE OF MEETING:
December II, 2006
ACTION REQUESTED:
Approval of a Special Use Permit to permit expansion of an education building
as ancillary to a church in an R-I zone district
LOCATION OF REQUEST: 11225 W. 32nd Avenue
APPLICANT:
Applewood Baptist Church
APPROXIMATE AREA:
Overall campus site size (Wheat Ridge only): 6.85 acres
PRESENT ZONING:
R-l, Residential-One
COMPREHENSIVE PLAN: Single family detached residential (not to exceed 4 du's per acre)
ENTER INTO RECORD:
o
(X)
o
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULATIONS
(X)
o
CASE FILE
DIGITAL PRESENTATION
Location Map
I ,f\ifp
Case No. SUP-06-04/Applewood Baptist Church
1
ATTACHMENT 1
All notification and posting requirements have been met; therefore, there is jurisdiction to make a
determination regarding this request.
I. REQUEST
The applicant requests approval of a Special Use Permit to allow expansion of an education building
as ancillary to a church in an R-l, Residential-One zone district on property located at 11225 W. 32nd
Avenue (Exhibit 1, Letter of request).
The R-l zone district is a low density zoning category which allows primarily single family residential
development. There are also a variety of recognized ancillary uses such as the keeping of household
pets and special uses. Permitted special uses include government buildings with outside storage, bed
and breakfast facilities and churches.
Section 26-114. Special Uses defines the purpose of special uses as follows: "Special uses are
discretionary uses which, if properly designed, developed, operated and maintained, may be approved
for any specific location within a zone district wherein the special use is enumerated. The primary
issues to be addressed are those related to justification of need and special design and operational
considerations which mitigate potential detrimental impacts of a special use on surrounding land uses,
the street system, or public services or facilities. In order to protect the public interest, a special use
may be approved, approved with conditions or denied. "
II. EXISTING CONDITIONS/ CASE HISTORY
The campus of the Applewood Baptist Church is split between the City of Lakewood and the City of
Wheat Ridge. The main sanctuary building with ancillary parking is located on the south side of 32nd
Avenue in the City of Lakewood. The southern ownership appears comprised of around 5 acres and
is bounded by 32nd Avenue on the north, Robb Circle on the west, W. 31 st Avenue on the south and
Quail Street on the east. According to the Jefferson County Assessor's web site, the church's
ownership in Lakewood extends back until at least 1961.
Existing on the north side of 32nd Avenue is an education building with an 8375 square foot building
envelope, parking for 213 vehicles and a detention area. There are three existing curb cuts on 32nd
Avenue into the various parking areas. (~bit 2ji8l:istiltg~diti()ns)
The following is a legislative/project history of the property relating to improvements on the north side
of West 32nd Avenue in the City of Wheat Ridge.
It appears that the church had ownership ofland on the north side of 32nd Avenue as long ago as 1969
with the earliest building permit activity on the property in 1972 when an existing barn on the property
was remodeled into a youth center. A building permit was issued in 1980 for erection of a temporary
classroom building and in 1983, a fill permit was issued for the placement offill material on the
western side of the property. A demolition permit was issued in 1984 for removal of a house on the
property.
A building permit for construction of the existing education building was issued on May 5, 1984. The
proposed structure has a building footprint of8375 square feet and was noted on the permit application
Case No. SUP-06-04/Applewood Baptist Church 2
as being 2-1/2 stories high with two full stories and a basement. Site improvements with the proposed
structure included a new curb cut, construction of a small parking area to the northeast side of the
structure, private sidewalks, drainage facilities and landscaping. No public hearing process was
required for construction of the new building as at the time, churches and accessory structures were
permitted uses in the R-l zone district. The Certificate of Occupancy was issued on September 20,
1985.
Another fill permit was issued on June of 1988 for construction of a parking lot to the west of the
education building.
On June 15, 1989, ordinance # 796 became effective which made churches conditional uses in the
Residential-One zone district. Conditional uses were permitted uses which were subject to site plan
review to ensure they were properly designed, developed, operated and maintained. Issues for design
consideration included mitigation of potential impacts on surrounding land uses, street systems and
public services or facilities.
In 1990, a demolition permit was issued for a house on the western portion of property. In 1992, a fill
permit was issued to allow placement of fill to the west of the existing parking lot.
W. 320d Avenue was reconstructed in 1992 by the City of Wheat Ridge. Case No. WV-93-6 was
approved which vacated excess right-of-way from the 320d Avenue street reconstruction project back
to the property owner.
On April 4, 1996 Planning Commission approved Case No. CUP-96-1. The purpose of the CUP was
for construction of additional parking (approx. 100 spaces) on the west half of the lot. The request
was approved with the following conditions: 1. A six-foot high solid fence with a ten-foot strip of
landscaping be installed along the western boundary; and 2. V erticallandscaping be installed along the
north side of the parking lot.
On July 17, 1996, a neighborhood meeting was held to discuss a potential conditional use application
for construction of a sports complex to include a baseball field, two soccer fields and two tennis
courts. No land use application for this request was filed.
A building permit for construction of the parking lot approved pursuant to Case No. CUP-96-1 was
issued in December of 1996.
On April 10, 1997, a neighborhood meeting was held to solicit input regarding a pending CUP
application. Subsequently, an application was made for approval of a CUP to allow the construction
of a baseball field and volleyball pits as ancillary uses to the church. The intent of the application
(Case No. CUP-97-3) was to allow the church to use the recreation amenities as part of their ministry
but to allow DeEvelyn High School to use the baseball field for practices and home games. A public
hearing regarding this request was held before Planning Commission on May 1, 1997. This case was
continued so a compromise could be reached between the church and the neighborhood. On August
22, 1997, the Church submitted correspondence requesting withdrawal of the application.
In February 2001, a revised zoning and development code was adopted which made churches special
uses in all ofthe City's residential zone districts.
Case No. SUP-06-04/ Applewood Baptist Church
3
On March 13, 2003, the church met with staff members to discuss submission of an application for a
special use permit. Another item discussed was the requirement by the city for a consolidation plat.
The consolidation plat would consolidate the two existing deed parcels into one.
In May of 2003, City Council approved legislation modifying the special use permit process. Changes
to the process included removal of the neighborhood meeting requirement, removal of the legal protest
provision and removal of the Planning Commission public hearing. An application for SUP approval
was to start as an administrative review. If one or more legitimate, written objections were filed
against the application, the case would be scheduled for public hearing in front of City Council.
On November 18,2003, a neighborhood meeting to discuss the pending special use application was
held at the Applewood Baptist Church facility. The proposed plan showed expansion of the education
building to the north plus a future phase for a large worship center to the west of the education
building. Parking was being shown as extending north to the existing floodplain line on the property.
On January 12,2004, City Council approved Case No. ZOA-03-l5 which modified the land use
process chart in the zoning and development code. The requirement for a pre-application
neighborhood meeting for special use applications was included back into the legislative process.
On January 14,2004, the church submitted a land use application for approval ofa two-lot
consolidation plat. This case was to be reviewed concurrently with a pending review of a special use
application due to traffic concerns. Any required land improvements and associated right of way
necessitated by the expansion were to be reflected on the consolidation plat.
On March 28, 2004 a neighborhood meeting was held regarding a revised SUP application. On April
13,2004, another neighborhood meeting was held with the help of a facilitator from Jefferson County
Mediation Services. Subsequent to this meeting, a smaller "committee" comprised of church members
and neighbors met several times to attempt to negotiate a plan agreeable to all parties.
In August of 2004 an application for SUP was submitted. A modified plan was proposed showing the
addition extending to the west, instead ofthe north as shown previously. Parking was shown as being
expanded to the north. A future sanctuary was not shown. The case was sent out on referral and
comments regarding the application were sent back to applicant in September. No resubmittal ever
occurred and the case was eventually withdrawn.
On March 28, 2006 a neighborhood input meeting was held regarding expansion of the existing
education building. See Section III of this report for persons in attendance and issues discussed. In
May, applications for SUP and plat document were submitted. The plat component was taken to
Planning Commission on October 19, 2006 and was approved to divide the 14 acres into two lots.
(Exhibit 3~ Subdivision plat) One condition was included in the approval and that was that parkland
assessment be determined at the time of development of Lot 2 (rear lot). At the time of this writing,
no development proposal has been submitted for Lot 2.
III. SPECIAL USE PERMIT PROCESS
Pursuant to Section 26-114, the Community Development Director has the ability to decide upon
applications for administrative special use approval, without requirement for a public hearing,
provided the following conditions are met:
Case No. SUP-06-04/ Applewood Baptist Church
4
1. A completed application package has been submitted and fee paid;
2. The Community Development Department has notified adjacent property owners by
letter notice and the site has been posted for at least ten (10) days;
3. No written objections have been received in such ten-day period;
4. The Community Development Director concludes that the criteria for approval, as set
forth below, are substantially complied with and support the request.
The Community Development Director can impose conditions or stipulations upon the approval,
which may include physical design, operational, and maintenance considerations to ensure compliance
with the criteria for review.
The Community Development Director shall also decide the following:
1. Whether the SUP runs with the land in perpetuity; or,
2. Whether the SUP is personal to the applicant and mayor may not be inherited; and lor,
3. Whether the SUP is granted only for a defined period, after which time the special use
shall expire unless renewed subject to all of the requirements of this section.
The mandatory pre-application neighborhood meeting was held on March 28, 2006. (Exhibit 4
Neighborhood Meeting Recap, Exhibit 5, Sign~Up sheet)
Pursuant to the existing SUP process, notices of administrative review were sent to adjacent property
owners and a posting occurred on the property for 10 days. Staff was in receipt of two letters of
objection (Exhibit 6, Perri letter, Exhibit 7, Barnhart letter).
IV. PROPOSED PLAN
A site plan, landscape plan, building elevations and photometric plan have been submitted for review
(Exhibit 8, Site development proposal). Development must adhere to the standards as dictated by the
R-l, Residential-One, zone district regulations. All applicable development standards have been
reviewed in accordance with the submitted plans, and have been met or exceeded. These development
standards include lot coverage, landscaped area and quantities, parking requirements, height,
architecture and exterior lighting.
Lot coverage
The R-l zone district allows a maximum building coverage of25%. Based on a lot area which is 6.85
acres (298,200 square feet), a total of74,550 square feet of building footprint may be built. The site
plan shows the combination of the existing education building (footprint of 8375 square feet) plus the
addition (footprint of 14,389 square feet) for a total footprint of 22,764 square feet or 7.6%.
Setbacks
The R-l zone district requires a minimum front setback of30', minimum side yard setbacks of 15' and
a rear setback of 20'. The proposed setbacks are 84' from the front property line (existing structure),
54' from the eastern side property line (existing structure), 70' from the western side property line and
203' from the rear (north) property line.
Building
The structure being proposed is an addition to the existing education building. The structure design
"mimics" the look of the existing building with a connection between the two. This connection will
Case No. SUP-06-04/ Applewood Baptist Church
5
accommodate handicapped accessibility with the inclusion of an elevator. The current education
building is not accessible due to steps up into the structure and lack of an elevator.
The R -1 zone district allows a building height of 35'. The following is a the definition of "Building
Height" in the zoning and development code: "The vertical distance measured from the average
elevation of the finished grade of the building to the highest point of the roof surface if a flat roof, or
to the deckline of a mansard roof, or to the mean height level between eaves and ridge for a gable, hip,
gambrel or other roof".
Included on page 8 of the plan set is a calculation of this measurement with the average height of the
structure at 35' to mid-roof, even though the vertical measurements of some walls exceed 35'.
The architectural materials are red brick with white accents and similar roof and window treatments as
the existing structure.
Access/Circulation! Parking
There are currently three access points to W. 32nd Avenue. The eastern-most access point was
installed when the education building was constructed and is 25' from the eastern property line.
Another mid-property curb cut was built when the parking was expanded. When the newer parking
area was added to the west in 1996, an additional curb cut was provided. There is a grade change
between the adjacent lots which precludes vehicular movement between the two. The existing parking
layout is depicted on the existing conditions map. (Exhibit 2, Existing conditions)
The proposed plan will reduce the number of access points from three to two. The eastern-most cut
will remain and a new curb cut will be constructed 150' east of the western property line. Staffhas
reviewed this second cut in proximity to Robb Circle to the south and has concluded that there is
adequate distance between the two to avoid conflicting turning movements.
The entire parking area will be reconfigured for more efficiency and opportunities for landscape
installation. The eastern entrance currently extends north and terminates in a parking area
east/northeast of the existing education building. The new configuration shows this drive aisle
extending north to the expanded parking area behind the buildings.
The parking area to the west of the existing structure is currently a hodge-podge of stall types
including angled and head-in spaces. There is currently no landscaping in this front parking area.
This area has been redesigned to have an orderly layout and provides large landscaped islands to
"soften" the street view. From this front parking area, additional parking is accessible along the west
side ofthe addition to the new parking area in the rear.
There are currently 213 spaces provided. The proposed plan more than doubles the existing amount
with 441 spaces. Twelve handicapped spaces have been provided which exceeds the city's
requirement.
Landscaping
The code requires a minimum of 20% of the site to be landscaped. The proposed plan shows a
landscaped coverage of28.9%. The applicant has provided trees and shrubs in accordance with the
non-residential requirements in the code of laws.
Case No. SUP-06-04/ Applewood Baptist Church
6
A landscaped buffer is required along both the east and west property lines due to adjoining low
density residential development. The code requires either a 6' high sold fence or a 15' wide
landscaped buffer. Along the eastern property line, the landscape plan (sheet 6 of the plan set) shows
a 15' wide buffer with a 6' high fence. A variety of coniferous trees are proposed in this area
interspersed with deciduous trees and shrubs.
There is an approximate 10' grade change between the edge of the western parking area and the
western property line. The buffer along this property line is proposed at a minimum width of 30'
width. No fence is shown along this property line but it will be planted with a row of deciduous trees.
A row of deciduous trees and shrubs is provided along the north edge of the parking lot before it
transitions into the detention pond. The landscape plan exceeds the standards for parking lot
landscaping.
Drainage
A drainage pond has been provided which starts at the north edge of the parking lot and extends into
the lot to the north. The approved plat document shows this pond as a being a shared detention
easement. Public Works has approved a preliminary drainage plan.
Other
The applicants' representative could not provide an accurate number ofthe current church
membership. However, it was indicated that the attendance on Sunday morning varies from 629 - 999
persons between the two morning services. A Sunday school schedule was provided with an interior
floor plan guide. The floor plan includes structures on both sides of 32nd Avenue. (Exhibit 9. Sunday
school schedule) Staff is aware that there are activities which occur on other days of the week as well
although a schedule for those has not been provided. This information was requested by staff in a
letter dated June 9, 2006. (Exhibit 10,June 9, ZOOt) staff letter)
V. SPECIAL USE PERMIT CRITERIA
Before a Special Use Permit is approved, the applicant shall show, and the community development
director or city council shall find that the proposed Special Use:
1. Will not have a detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood of the proposed use.
There will be visual impacts on the neighborhood, as well as an increase in traffic on W. 32nd Avenue.
2. Will not create or contribute to blight in the neighborhood by virtue of physical or
operational characteristics of the proposed plan.
The term "blight" can describe a wide array of problems that can range from the physical deterioration
of buildings and the environment to health problems. Typically, it is a combination of physical,
environmental and safety factors and can include the following: deteriorating structures, inadequate
street layout, unsanitary conditions, deterioration of site, unusual topography, environmental
contamination of building, endangerment of life by fire or other causes and inadequate public
improvements or utilities. Based on this definition, it is questionable whether the proposed SUP will
have a blighting influence on the neighborhood.
Case No. SUP-06-04/Applewood Baptist Church
7
3. Will not adversely affect the adequate light and air, nor cause significant air, water or
noise pollution.
Given the mass of the proposed structure, there may be a negative impact on the light and air to
adjacent properties. A drainage report will be required to ensure that storm drainage does not impact
the adjacent streets or properties. There may be air and noise pollution generated by vehicles entering
and exiting the expanded parking area.
4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading,
service of internal traffic conflicts to the detriment of persons whether on or off the site.
The inefficient layout of the current parking area with the existing access points results in internal and
external conflicts and confusion for the motorist. The reduction of curb cuts and redesigned layout
will help the situation. Although the request will result in an increase in traffic in the area over a
twenty year period, W. 32nd Avenue has adequate capacity to handle the increase. All of the City's
parking requirements have been met.
The primary concern for staff is the volume of pedestrian traffic crossing 32nd Avenue and the manner
in which it is controlled. The current pedestrian traffic is handled through church- provided crossing
guards. W. 32nd Avenue is classified as a collector and carries roughly 8700 vehicle trips per week
day (2001 count). This is an unsafe situation and must be addressed prior to any expansion.
5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with the character of
the surrounding areas and neighborhood, especially with adjacent properties.
The property is surrounded by R-l single family development on the east and west. To the north is
vacant, R-l zoned land recently sold to a private individual. The applicant has attempted to mitigate
impacts to the neighborhood through increased landscaped buffering in the interior of the site and
around the perimeter. With reconstruction of the parking, staff will be requiring the site lighting be
brought into conformance with today's standards as indicated on the photometric plan.
6. Will not overburden the capacities of the existing streets, utilities, parks, schools and
other public facilities and services.
All responding utility agencies have indicated that they can provide service at the property owner's
expense. There will be no impact to parks as a result of the expansion.
7. History of compliance by the applicant with Code requirements and prior conditions, if
any, regarding the subject property.
A search of the City's code enforcement records has shown that there was one zoning code violation in
2003 past relating to a dumpster enclosure. The violation was abated in a timely manner.
8. Ability of the applicant or any permitted-in-interest to continuously meet the conditions
of the proposed permit.
If the conditions of an approved special use are violated, City Council has the authority to revoke the
special use permit.
Case No. SUP-06-04/ Applewood Baptist Church 8
9. Other factors relevant to the specific application.
There are no other relevant factors.
VI. AGENCY REFERRAL
All affected service agencies were contacted regarding the ability to serve the property. Specific
referral responses follow.
Wheat Ridge Fire Protection District: Can serve.
Consolidated Mutual Water District: Can serve with improvements at the property owners'
expense.
Wheat Ridge Police Department: No problems.
Northwest Lakewood Sanitation District: Can serve with improvements at the property owners'
expense.
City of Lakewood: Has reviewed the traffic impact study and has identified no outstanding issues.
Wheat Ridge Public Works Department: Has reviewed the traffic impact analysis and has
concluded that W. 32nd Avenue can accommodate additional anticipated trips and that a westbound
turn lane on 32nd Avenue is not needed. They are still concerned with pedestrian activity across W.
32nd Avenue. They believe the level of pedestrian activity warrants installation of a pedestrian
crossing control signal which will be required as a condition ofC.a. issuance of the new building. A
preliminary drainage report has been approved. At the time of building permit, a drainage plan and
report and grading and erosion control plan will be required, as will civil construction plans.
Xcel Energy: Can serve.
VII. STAFF FINDINGS OF FACT
Staff has made the following findings of fact regarding Case No. SUP-06-04:
1. This request for an administrative special use meets all applicable conditions as
required by Section 26-114 of the City of Wheat Ridge Code of Laws.
2. Staff has received written comments in opposition to this request from two adjacent
property owners.
3. All minimum development standards of the R-1 zone district regulations have been
met.
4. The proposed design meets or exceeds the provisions of Section 26-501 (Off-street
parking) and Section 26-502 (Landscaping) of the zoning and development code.
5. All agencies can serve the property with necessary upgrades.
6. There has been a history of compliance of the property with the provisions of the
Zoning and Development Code.
Case No. SUP-06-04/ Applewood Baptist Church
9
If a motion of APPROVAL is given, Staff recommends the following conditions:
1. The special use shall be a personal grant of use to the applicant, Applewood Baptist
Church, and it does not run with the land.
2. The SUP be limited to church-related education activities. A private school is not
permitted under the purview of this SUP approval.
3. Upon reconstruction of the parking lot, the site be brought into conformance with
today's standards for site lighting as indicated on the photometric plan.
4. At the time of building permit, a drainage plan and report, a grading and erosion control
plan and civil design documents be submitted for review and approval.
5. Prior to the issuance of a certificate of occupancy for the education building addition, a
pedestrian signal be installed on W. 32nd Avenue. Both the City of Wheat Ridge and
City of Lakewood shall review and approve the design prior to installation and the City
of Lakewood shall be responsible for maintenance.
Case No. SUP-06-04/ Applewood Baptist Church
10
POUW&ASSOCIAlES, INC.
190 East 9tb Avenue, Suite 250
Denver, Colorado 80203
303-296-4343 fax 303-296-9172
April 26, 2006
Ms. Meredith Reckert, Senior Planner.
The City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80033
Re: Special Use Permit for Addition to the Education Building.
11225 West 32Dd Avenue, Wheat Ridge, CO 80033.
Dear Meredith:
Please find included with this letter the complete application for Special Use. As we indicated in
our neighborhood meeting, we would like to built a three story, 35,700 SF Education Building
attached to the existing 3-story Education Building on the southern portion ( lot 1) of our
approximately 14.7 acres.
The existing parking area directly north of 32nd A venue will have a different layout that will
allow 2 rows of landscape buffering between the rows of parking to screen as many cars as
possible from the road. Behind the new building we will add 244 cars that are totally screened
from the road.
This portion of our land totals 6.85 acres, with another .4 acres in a drainage easement to the
north. The developer of the remaining north area (lot 2) will at his cost incorporate this drainage
into his own development ifaJ:l....I.vved by the City. Please refer to the site plan, the elevations, the
landscape plan and the lighting plan for any additional information.
The new structure will have a building footprint of 14,450 SF, and the three story building will
be below the 35' height limitation. It will be similar in architecture and complement the existing
building.
Sincerely,
POUW&ASSOCIATES, INC.
fli1~
StanJey s. Pouw
President
Arc hit e, EXHIBIT 1
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7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/ 235-2846 Fax: 303/235-2857
The City of
Wheat
Ridge
Date:
March 28, 2006
City Staff Present:
Meredith Reckert
Location of meeting:
Prospect Valley Elementary School, 3400 Pierson Street
Property address:
11225 W. 32nd Avenue
Property owner(s):
Applewood Baptist Church
11200 W. 32nd Avenue
Property Owner(s) present?
No
Applicant representatives:
Stanley Pouw (architect)
Gary Theander (civil design engineer)
Sheldon Emery (landscape architect)
Fred Lantz (traffic engineer)
Existing Zoning:
Residential-One
Comprehensive Plan Designation: South half: Single family detached residential not to exceed
four dwelling units per acre
North half: Agricultural/Estate Residential not to exceed one
dwelling unit per acre
Existing Use/Site Conditions: The property contains roughly 14.7 acres. There is an existing
education building on the property with a building footprint of approximately 8,323 square feet,
three stories in height with a basement. Other site improvements include three curb cuts, drives,
landscaping, detention areas and parking for roughly 213 vehicles.
Applicant's Proposal: The applicant intends on applying for a special use permit to allow the
construction of an additional education building. The new structure will have a 14,450 square foot
footprint with three stories of height. It will be similar in architecture and will be connected to the
existing building. Parking for an additional 244 cars will be located to the north of the new
building.
The church currently has the northern portion of the property under contract for purchase by a
developer who will be pursuing construction of clustered patio homes. It was noted that this
development proposal is not part of the church's request for special use approval. The proposed
EXHIBIT 4
housing project will be handled through a separate zoning process. A full-width dedicated street
running down the western property line will provide access to the church's parking lot as well as
access to the housing development.
The following issues were discussed regarding the SUP request:
. How big is the proposed building? About 35,700 square feet of total building area with
measurements of roughly 70' x 170' or 11,900 square foot footprint added to a connector
building.
. Will fill dirt have to be brought onto the site? The property is being designed so that no
additional dirt will be brought onto the property; the aim is to balance the necessary cut
and fill on-site if possible, sometimes some fill is required.
. Will the building be the same height as the original? Yes, the building addition will be 35'
in height. Both the existing structure and the building addition will have an average height
of 35' based on the City's definition of "building height" which is measured from average
finished grade, although some of the building walls may exceed 35' in vertical height. The
roofline of the addition should not be as high as the roof of the existing structure.
. Why does the church need such a big building? Over the past five years, attendance has
grown by 10% per year. The addition will be used for educational purposes and other
church events. The addition will contain a multi-purpose room with a portable stage.
. Will the proposed detention pond hold water? Standing water will be in the detention pond
only during a major storm. Security fences will not be necessary for safety. A drainage plan
and report will be required with submission of the special use permit application.
. Where will bus storage be located? At the northeast corner of the existing education
building.
. What type of lighting is being proposed? It was noted that the existing site and structure
lighting emits glare and bleeds over the property line onto the adjacent residential
properties to the east. If the existing lighting does not meet the City's standards, it could be
brought into compliance when the new improvements are made. A photometric plan will be
required with the SUP application.
. What is maximum building coverage allowed in the R-I zone district? A maximum of25%
of R -1 zoned property can be covered with buildings.
. What affect will there be on Lena Gulch and the wildlife habitat to the north? Would the
church be willing to dedicate this area as open space? The increased amount of property
covered by buildings and parking could negatively affect the Lena Gulch wildlife corridor.
. Who will review the traffic impact analysis? How is it analyzed? The traffic impact
analysis is reviewed by the city's traffic engineer using standardized traffic generation
volumes based on use and size of the structure.
. What provisions have been made for pedestrian crossing W. 32nd Avenue? The current
system utilizing church volunteer crossing guards will be continued.
. What provisions have been made for buffering to the homes to the east? A landscape buffer
comprised of trees and shrubs is proposed. The landscape architect indicated that they
would be willing to work with the neighbors along Quail Street regarding the landscaping.
. Can the neighbors review the technical documents? Yes, once an application is made, the
technical documents submitted with the application are considered part of the public
record. The file can be reviewed in the Community Development department in city hall.
. Can restrictions be incorporated into an SUP approval? Yes, there can be site development
limitations and use restrictions; one such restriction could be to prohibit the use of the
property as a private school. There are also grant of use flexibilities regarding vesting of
2
the SUP approval.
The following issues were discussed regarding the proposed housing development to the north
(to be handled separately from the SUP request for the church expansion). These
issues/questions were addressed by Steve McKendry, developer of the property who has the
northern portion under contract for purchase:
. How many units are proposed? 24-26 units
· How tall will the buildings be? 1 to 1-1/2 stories in height.
· Will the Lena Gulch lOO-year floodplain be impacted? The developer is intending on
channelization of a portion of the gulch in accordance with UDFCD's (Urban Drainage
and Flood Control District) plans to provide more developable area.
· What is the existing zoning on the property? The existing zoning on the property is R-1
which permits only single family residential homes with 12,500 sf lots. The proposed.
clustered patio homes will require a zone change to PRD (Planned Residential
Development). This will be handled separately from the SUP request.
· What sort of access is being proposed? Primary access will be via Robb Circle extended to
the north as a full-width public street. Secondary, emergency access is yet to be determined.
3
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2.
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5.
March 28. 2006
APPLEWOOO BAP1\Sl CHURCH
SPEC\AL UsE PERtAn
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March 28, 2006
APPLEWOOO BAP"TIS"T CHURCH
SPECIAL USE PERM\1
NeighbOrhood meeting
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PLEASE PR\Nl
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Tuesday, March 28, 2006
Community Planning Division
City of Wheat Ridge Colorado
7500 West 29th Avenue
Wheat Ridge, CO 80033
r;~
Dear Sir or Madam:
I am writing regarding Applewood Baptist church and a mailing I received last week. The mailer
noted a meeting on 3-28-06 at Prospect Valley Elementary. That is pack night for Troop 736 Cub
Scouts, mostly from Prospect Valley, at Shepard of the Hills Church. As such I can not attend,
however I do have some substantial concerns.
My first and biggest concern is traffic and Applewood Baptist's willingness to control it, on Sundays
especially. We have parking on neighborhood streets blocking and clogging the streets consistently
while the parking lots remain substantially under utilized with regularity. I would guess the north lot
at 60% full on average and more than adequate for all of the street parked cars. When I have
brought up this concern in the past, the church advised that it has absolutely no control over the
folks attending or where they choose to park. That is was just part of living near a church, get over
it. My church uses volunteers and signs.
My second concern is that they are not the best neighbors. Their trash is dumped in the wee hours
with lots of noise and banging; snow removal is done at 4 am and not just Sundays. Speaking of
snow removal, no sidewalks, except a small path between lots, are ever shoveled. Many of us walk
to Prospect Valley with our kids for school and clear sidewalks would be nice and probably safer.
Lastly, the Wednesday program can go late and very loud making it difficult to get kids to bed on
time.
My concerns, in a nut shell, are simple. Yet for 10 years now we had no movement from the Church
at all. We have faced several attempts to expand by the church, followed by a denial or no of some
kind for the above reasons then a few years go by and, with no changes in behavior, attitude or
responsibility, they re-try.
I appose anyexpansion of the church for the above reasons. It will only give us more to be ignored
about. It is also important to note that I have received the church's news letter for years and
whatever is being proposed to you now, has had no call for input from the community in it and no
liaison contact information.
Sincerely,
,~
ike Larkin ~
2187 Robb Circle
Lakewood, CO 80215
303-202-2062
November 8, 2006
Meredith Reckert, AICP
Senior Planner
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
RE: Case No. SUP-06-04 (Applewood Baptist Church)
Dear Meredith,
As you know, we are the property owners adjacent to the west
border of the Applewood Baptist Church. After reviewing their plans
and the proposed development of another educational facility, we are
extremely opposed to this type of massive commercial type
development in a residential neighborhood.
This is a quiet residential neighborhood, with the exception of
the congestion and traffic, both automotive and pedestrian, on 32nd
Ave. from the church buildings (on the south side ofW.32nd. Ave) to
the existing large educational building (approximately 16,000 sq.ft.)
on the north side of W 32nd Ave. This congestion is made worse by
the parking on side streets instead of in the church's existing parking
lots. The increased traffic will have a negative affect on
neighborhood safety and the people living in the neighborhood going
about their normal daily lives.
We are opposed to this massive addition because of the
increased traffic on West 32nd Ave. and the surrounding streets, as
well as the increased mr and noise pollution it will bring to the
Applewood area. I would assume that the new 308 space parking lot
to the north will have exterior lighting as well as the proposed
approximately 39,000 sq. ft three story building and connector. How
will that affect the adjacent property owners? We also have a real
concern about raising the elevation and drainage and how it would
affect the surrounding properties.
EXHIBIT 6
What about the elevation of the building? Are they planning on
bringing in additional fill to raise the elevation? If so, this would raise
the height of the building. Drainage is also a major concern for the
adjacent properties.
How do you buffer a massive commercial size development
such as this to protect the adjacent property owners and the
neighborhood from an existing three story 16,000 sq. ft. building and
a proposed additional approximately 39,000 sq. ft. three story
building, including the connector between the two buildings.
This size of development, whether it be an addition as proposed,
or if it's a commercial, office, retail or industrial complex, does not
belong in the middle of a residential neighborhood.
The Applewood Baptist Complex would consist of a existing
22,479 sq. ft. building, with approximately 132 parking spaces on the
south side of W.32nd Ave., the existing 16,000 sq. ft. education
building with approximately 160+ parking spaces on the north side of
W.32nd Ave., plus a new 39,000 +/- sq. ft. three story building with a
connector building and an additional 308 parking spaces. The
complex would consist of approximately 77,479 sq. ft. of buildings
and approximately 600 + parking spaces. This is a massive complex
that does not belong in the middle of a residential neighborhood.
I urge you not to approve this special use permit.
CJ-CsLhllflu;
..
It-9-tJ{,p
"=j a ;"'YI
v
11101/06
Dear Honorable members of City Council and planning committee members,
As the new property owners of 3275 Quail, we are opposed to the '-1'io-"u val of a special
use pennit allowing the creation of an additional wing for the Applewood Baptist Church
and accompanying traffic way and 1'_1..:ng lot.
As expecting new parents and concerned citizens living close to the grade schoo~ we are
m...l..."'"-<ely concerned that the new addition, and related traffic and planned traffic ways,
will create a dangerous increase in traffic and noise that our neighborhood simply cannot
Sl1t l' ",.t In addition, the site plan presented, if approved, would have an enonnous impact
on our property "'L~ a thoroughfare, additional parking, a large building structure and
trash bin next to our two-acre t'.I..'t'my. The effect would create traffic around three sides
of our property, ~~y affecting the residential nature of our lot and surrounding
residences and contributing dant;WlVUS and loud traffic conditions.
The Clo..........t impact of church activities has already negatively affected traffic in our
neighborhood and additional f:>'-v..1th would only wu.,paund this problem. ~I.",utly the
church bas to employ traffic measures and 1"'''''yle to manage traffic in and out crf their
lots on 3200 street on weekends and weekdays. This greatly impedes the flow of traffic
(regardless of what church Traffic Impact Studies report) and causes excessive noise and
potentially dane"'~ .....IS traffic conditions for children and cyclists that at'e a constant in this
neighborhood. Cones are placed across 320d Ave. to slow motorists down and t''''u'h,''IJ~
pedestrians crossing the street. This slowing, caused by church attendees trying to get
into the parking lot as well as pedestrians, causes regular back ups in traffic and motorists
rubbernecking up and down 3200 Ave. Impatient drivers often speed excessively once
past the cones, trying to make up for lost time, speeding by our bome and those of our
neighbors. We feel that the f'~ uyOsed plan would only compound these already
troublesome situations.
From the plans it appears that this special use request also would put a sizable 25' wide
street right on the edge of our property bringing more of that traffic and noise along the
entire West side of our l'u..yerty, transferring that noise to neighbors to the East and North
of us. If the t'~""l'usal of streets sandwiching our pr..1"......tj on 3 sides isn't bad enough, we
have also learned, fh,lUl. the developers wanting to construct several houses to the
Northwest ofns, that a ~l...~...t would go in on the property line to the North of us
effectively putting streets on all four sides of our "'~ul:'"..~j. It also appears that the
church's plans propose a bus parking lot and an 8' trash bin tt.........Lly on the edge of our
prot'"...~j. When we bought the .t'lVl'.erty with plans to raise our family in Wheat Ridge,
we never imagined that our parcel would be sandwiched by streets on 4 sides with views
of parking lots and garbage bins. The construction of a thoroughfare behind our parcel
would create a much dif}''''.....ul atmosphere than city planners had intended for a
residential neighborhood. Please consider the effect it would have on your home if your
property were to be surrounded by 84 ~~ on all sides and thus S"'Ful:...g it :Z.. ....'...... the rest
EXHIBIT 7
~'d
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W~L~:5 100~ 51 das
of the neighborhood. We just purchased this property as our ideal home to raise our
family, but beyond that we truly reel this special use plan would be blight on the
neighborhood and impact others in our area negatively. We are truly confused as to why a
3 story, 37,000 sq ft bldg on top of an already oversized building is necessary in a
residential ....'"'~unity.
On another note, we have some serious concerns regarding drainage as the area in
question already has }'. ...~~y major drainage issues which could be greatly exacerbated by
a large parking lot and more buildings.
The proposed additional traffic flow and parking will not only create an unsafe
environment for our family and neighbors, it will also create a noise polluted atmosphere
in an otherwise quiet neighborhood. The planned bus parking makes us cringe at the
thought of the sound of these large polluting vehicles parking just feet from our home.
We feel that any planning should meet the needs of those that have made their homes
here. not those that attend large communal events this neighborhood was not designed or
intended to support.
Please fell :free to call or email us if you have any questions whatsoever.
Thanks for listening and considering us and ourneighbor's !-'....O)}'...ctives!
Sincerely,
Dan. & Tiffany Barnhart
720~987-5716
danbfa),mbamhart.com
303-596-7557
tbarnhartUi2denverzoo.org
~
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Sunday School foraH ag~s asof7-2-2006 ~
9:00 A.M.
Preschool-Children Birth through Pre-K are grouped by developmental stages
Birth thru 3-yr-olds ...."...."...."................................................... Preschool Garden (main level) S
4-yr-olds (K minus 1 year) ............................................................................................ 102-108 S
Children
All classes meet on the lower level of the North building. Grouped by current grade.
Kindergarten ............"........""........................................................................ Rocket Room 111 N
Grade 1 "......................".............................................................,.............................Skylab 104 N
Grade 2 ,,,.....,.,,.,,,........,.........,...................,,.........................,,...,.............'..... Solar Station 103 N
Grade 3 "....".".."...."..................."............".................................................... Astro Suite 102 N
Grade 4,..",.........."..,,,...,..........................,,................................................ Launch Control 101 N
Area 56: Grade 5 & 6 .............................................................................................".. 202-203-N
Students
Jr. High Main Sunday School (Classes for every grade) ................................. Opening in Chapel
Classes: 7th gr. girls-Student office; 7th gr. guys-310 S; 8th gr. guys and girls-Chapel
Adults Target Group or Life Stage Room/Building
Adult 1 ...............................Adu/ts 60+ (Retired, Semi-retired, Active Working)
Wiiest .""" ... ,.",.",., .......... Ladies ............. ,........ ... ".. ....." ..... ............ ,...... ,... .......... .,.. ..... ....208 S
Cheadle ......".."................. Co-ed ....................................................,............,.....................206 S
Gray,...."..............,......... Cered ....................................."..............".........,...........,.. 202-204 S
Thomas""..",,,,,.,,..,,.......... Coed ......................"............".......................,.........,................ 201 N
Adult 2 ...............................Adults 50+ (Empty Nesters) .
Oxford ."....................."..... Coed-Bible Book Study......................................... Fellowship Hall S
Adult 3 ...............................Adu/ts 35+ (Children are Jr. High to college age)) I
Team ......................"....... Co-ed(children are elementary or youth) .................."....."...... 303 N
M, Kintzel ,..'''.........,........... Ladies................................................. ..................,.............,..... 304 N
S. Kintzel."...".,..."............Men .................................,..........................."."......................., 313 N
Team ."....".............,........ Co-ed (Singles, age 35+) .................................................. 212-213 N
Graham.............................. Co-ed (children are elementary or youth) .....................Choir Suite S
Owens ............................... Co-ed (children are elementary or youth) ................................ 302 N
Adult 4 ...............................Adults 18+ (College, newly married, young married))
Paschall............................. Co-ed (Young married w/wffhout preschool children) ................... 204 N
Barden ........................"..... Co-ed (Nearly/Newlywed w/without preschool children).................. 301 N
Special Interest
Deaf Bible Study .......".......Hearing Impaired Adults (Card)........"...................................... 209 N
Newcomers"...................... All Adults (Deardorff) ................. Fellowship Hall Hospitality Room S
10:45 A.M.
Preschool - Children Birth through Pre-K are grouped by developmental stages
Extended Teaching Care ........................................................... Preschool Garden (main level) S
Children
All classes meet on the lower level of the North building. Grouped by current grade.
Kindergarten ........,......................................................................................... Rocket Room 111 N
Grade 1.....................................................................................................................Skylab 104 N
Grade 2 ............,.............................................................................................Solar Station 103 N
Grade 3 ...................................."...................................................................... Astro Suite 102 N
Grade 4....................."................................................................................ Launch Control 101 N
Grade 5 & 6 (Alternate) .............................................................................. Galaxy Lounge 113 N
Area 56 ....... ".. "............................. ,.......... "........................................ .............................. Worship r
R.OAD. Worship (Gr. K-4) ...............................Alternates weekly: Worship or Fellowship Hall S
Students
High School Main Sunday School (Classes for every grade)......................".. Opening in Chapel
Classes: 9th Girls-206S, 9th Guys-208S, 10th Girls-204S, 10th Guys-310S,11th Girts-202S,
11th Guys-301S, 12th Girts-Student Office; 12th Guys-Chapel
Jr. High Alternate Hour (Combined grades).......................... Fellowship Hall Hospitality Room S
Adults ............... Target Group or Life Stage * ................................................. RoomlBuilding
Adult 3 ...............................Adults 35+ (Children are elementary/college age)
McKendry ..........".............. Co-ed (children are elementary or youth) ................................ 302 N
Adult 4 ...............................Adults 18+ (College, newly married, young married)
Nietch ....."........."...."....... Cooed (Nearly/Newlywed w/without preschool children) ..."..".301 N
Goodwin ..".........."............ College Students............................................................... 202-203 N
Special Interest
Bassett/Dick......."............" Couples (Young-Median Married, Gender-separated classes)...... 204 N
Estudio Biblico ................... Spanish-speaking Adults (Baas) ....................................... 214-215 N
Romanian Church.............. Sunday School and Worship (Pastor Manzat) ."........"............201 N
Life stage and age range are given as a guide only Adults may attend any class they choose,
EXHIBIT 9
J
Applewood Baptist Church c,,_: .. =
S th B .Id. To~p rlev T upper level
on Ul lUg "
~' _'II
"Preschool Wesl
- South Foyer - . Entn'(from
,!oWe .I~rkirig 101)
Chapel- ~ ~T"toSlu""'r;. o. ..., level
Student \
Center
-t,,i,
Worship
Center
Main Level
-Worship Center
-Preschool (Birth - 3)
-Chapel (Students)
-Welcome Center
\, I'
liil.W < Down to \ower level > lllW..
,- North Foyer
~< Uptobalrnny> Ulill
lEx., 11:".", I Enl ,
North Entrv(from 31nd Street)
Upper Level
-Choir Suite/Music Offices
-Baptistry
To main levf-l
II' LI
. ill . If.
To main leve; > -'0 maIO level
Lower Level
-Preschool (4's)
- Fellowship Hall
-Hospitality Room
-Main Offices
Fellowship
Hall
. Restroom (Women)
II Restroom (Men)
. Welcome Center
II Preschool (Birth - preK)
ann Stairs
< Up to main level >
.
J
North
Building
Main
.J:DtrW
204 203 202
, '"' ,~,
Main Level
J H ( I" J
209-210 2\1 212-2\3
201
,t
iH(
111111
301
l... '
J 1._
II- ,
. Restroom (Women) .
Restroom (Men)
BLAST Area (K-6)
lIlIll Stairs ffiffi
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/235-2846 Fax: 303/235-2857
The City of
Wheat Ridge
June 9, 2006
Stanley Pouw
Pouw & Associates
190 East 9th Avenue
Suite 250
Denver, CO 80203
Dear Mr. Pouw:
This letter is in regard to your application for approval of a Special Use Permit to allow
expansion of a church at 11225 W. 32nd Avenue in an R-l zone district and for a two-lot
subdivision.
PLAT
I have the following comments regarding the plat document.
SHEET ONE
1. Modify the Owners' certificate by elimination of the repetitive opening sentence.
2. Modify the Owner's certificate so it is consistent with the requirement for a plat with
right-of-way dedications.
3. Designate who from the church will sign the document with name and title.
4. In the notary certificate, correct the year from 2004 to 2006.
5. Modify Note #2 to specify the correct flood zone designation for the southern lot as Zone
X (unshaded).
6. Add the City's standard language for detention easements (see attached).
7. Modify the City Certification (for mayor) to be consistent with current language.
8. Add a certificate for the Planning Commission.
9. In the recorder's certificate, correct the year from 2004 to 2006.
10. Add the following numbers to the case history box: SUP-04-04, MS-04-0 1, SUP-06-02,
MS-06-07.
SHEET TWO
1. Designate Tract A as being for storm water detention purposes.
2. Show perimeter drainage and utility easements as 10' along front lot lines, rights of way
and rear lot lines and 5' easements along side lot lines.
3. Add the following numbers to the case history box: SUP-04-04, MS-04-0 1, SUP-06-02,
MS-06-07.
1
EXHIBIT 10
Attached is a redlined plat. Also attached are referrals received from other city departments and
outside agencies regarding the plat document.
Public Works Department: See attached package from Dave Brossman dated May 30, 2006.
Xcel Energy: See attached letter from John Keller dated May 30, 2006.
Consolidated Mutual Water Company: See attached letter from Michael Queen dated May 30,
2006.
Northwest Lakewood Sanitation District: See attached letter from Bill Willis dated June 2,
2006.
SPECIAL USE PERMIT SITE PLAN
Attached are my comments relative to the Special Use Permit site plan submittal.
1. Include a vicinity map.
2. Show dimensions for the property for this phase of construction
3. Add a legal description, which matches the subdivision plat.
4. Add a note that this portion of the property is in a Zone X (unshaded) as designated on
FEMA's Flood Insurance Rate Map, Community panel no. 080509C02I5E, dated June
17,2003.
5. Will there be any fencing? Please show location, height and materials of existing and
proposed fencing.
6. Is any additional signage proposed? If so, show location and size.
7. Show the location of dumpsters and proposed method of screening.
8. Modify the site data breakdown to reflect existing and proposed conditions relative to the
categories shown.
9. In the site data breakdown, building coverage category, separate out the multi-
purpose/education building coverage from the building "connector" coverage.
10. Show the total gross floor areas for the existing and proposed conditions. Please include
gross square footage for the existing structure, the new multi-purpose/education structure
and the "connector" space.
11. Expand the parking breakdown to show how the required formulas and calculations were
done for the proposed conditions.
12. Add a signature line for the Community Development Director.
13. At least one ofthe eight required handicapped spaces must be a van space served with an
8' wide aisle.
14. Add a "Notes" section.
15. Under "Notes", discuss existing zoning and site development conditions.
16. Under "Notes", discuss proposed changes.
17. Add a case history box with the following case numbers: WV-93-6, CUP-96-I, CUP-97-
3, MS-04-01, SUP-04-04, MS-06-07, SUP-06-02.
2
18. Modify the note regarding future right-of-way to read: "50' ROW Dedication
Reservation if Needed for Development of Lot 2. To be dedicated by separate
instrument. "
19. Correct typographical errors (easement, Wheat Ridge) in the detention pond note.
20. Remove the reference to lot size with the pond (7.25 acres).
21. Show opposing and adjacent curb cuts on W. 32nd Avenue.
BUILDING ELEVATIONS
1. Add a note relative to the building height definition in the zoning and development code.
The vertical distance measured from the average elevation of the finished grade to the
highest segment of the structure, measured midway between peak and eave line cannot
exceed 35'. Please demonstrate using ,the elevations at the four building comers of new
construction that this height limitation is not exceeded.
LANDSCAPE PLAN
1. Plant material quantities are sufficient to meet the City's landscape code.
2. If fencing is proposed, show it on the plan with information as to height and materials.
3. The four new street trees along W. 32nd Avenue must be 3" in caliper.
4. In the landscape island to the west of the building, four emerald queen maples are
indicated where only three are shown.
PHOTOMETRIC PLAN
1. Add the following note: "Lighting shall be consistent with the provisions of Section 26-
503 of the Wheat Ridge Code of Laws."
2. All lighting fixtures are to be fully shielded and downcast. This would appear
problematic with the freestanding fixtures around the building.
3. The footcandle readings are to be 0 at the property lines. Readings along the south, east
and west property lines exceed O. Please make adjustments to fall within this standard.
1. A weekly schedule of activities in all buildings within the Church's campus with an
average attendance. It has been indicated that most activities occur on Sundays and Wednesday
evenings. This information should include standing meetings and/or activities and reoccurring
special events.
2. Location of residence by city for the current membership.
3. Current membership total and anticipated growth for the next 20 years.
Attached are referrals received from other city departments and outside agencies regarding the
special use with site plan request.
3
.
!1
~
Public Works Department: See attached package from Dave Brossman dated May 30, 2006 and
memorandum from Steve Nguyen dated June 7, 2006.
Consolidated Mutual Water Company: See attached letter from Michael Queen dated May 22,
2006.
Northwest Lakewood Sanitation District: See attached letter from Bill Willis dated May 22,
2006.
Wheat Ridge Police Department: See attached email dated May 18, 2006.
This concludes the summary of comments. Please address each of these comments by revising
the drawings accordingly. For clarification on any of these issues, please feel free to contact any
of the Development Review committee members:
Community Development
Public Works
Traffic Engineering
Meredith Reckert
Dave Brossman
Steve Nguyen
303-235-2848
303-235-2864
303-235-2862
Once the changes have been made, please submit five copies of revised plan sheets and technical
documents plus original redmarks.
If you have any questions or need further clarification, do not hesitate to contact me at 303-235-
2848.
Meredith Reckert, AICP
Senior Planner
.
c: Gary Theander
..
4
ITEM NO: ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
RESOLUTION NO. 62-2006 - A RESOLUTION LEVYING
GENERAL PROPERTY TAXES FOR THE YEAR OF 2006, TO
HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY
OF WHEAT RIDGE, COLORADO FOR THE 2007 BUDGET YEAR
o PUBLIC HEARING
o BIDS/MOTIONS
[8J RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
[8J
No
,
Deputy City Manager
f). __,
L~
City Manager
EXECUTIVE SUMMARY:
Section 39-5-128 of the Colorado Revised Statutes (C.R.S.) requires the Jefferson County Assessor to
certify to the City the total valuation for assessment of all taxable property located within the territorial
limits ofthe City of Wheat Ridge. The total net assessed valuation for the City for the year of2006 is
$395,926,110 which is a decrease of$285,330 compared to the year of2005. The City is also required
by this same section of the C.R.S. to officially certify the property tax mill levy to the Jefferson
County Board of County Commissioners by December 15, 2006. The City's property tax mill levy
was temporarily reduced to 1.830 mills for the 2005 budget, reduced temporarily to 1.786 mills for the
2006 budget, and will increase back to 1.830 mills for the 2007 budget potentially raising $724,545 in
property tax revenue, an increase of $28,418 compared to 2006.
Section 20 of Article X of the Constitution of Colorado, the Taxpayers Bill Of Rights (TABOR),
restricts increases in property tax revenue to inflation plus local growth (defined as the percentage
change in actual value of real property from construction of taxable real property improvements).
Wheat Ridge voters exempted the City from this TABOR revenue limitation at the November 2006
election. However, TABOR still restricts the City from raising the property tax mi111evy without voter
approval unless the mill levy was temporarily reduced in a previous year.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
N/A
AL TERNA TIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
The City's mill levy will be set at 1.830 raising $724,545 in property tax revenue.
RECOMMENDED MOTION:
"I move to adopt Resolution No. 62-2006 levying a mill levy of 1.830 on general property taxes for the
year of 2006, to help defray the costs of government for the City of Wheat Ridge, Colorado for the
2007 budget year."
or,
"1 move to postpone indefinitely Resolution No. 62-2006 levying a mill levy of 1.830 on general
property taxes for the year of2006 for the following reason(s) "
Report Prepared by: Patrick Goff, Deputy City Manager
Attachments:
1. Resolution No. 62-2006
RESOLUTION NO. 62
Series of 2006
TITLE:
A RESOLUTION LEVYING GENERAL PROPERTY
TAXES FOR THE YEAR OF 2006, TO HELP DEFRAY THE
COSTS OF GOVERNMENT FOR THE CITY OF WHEAT
RIDGE, COLORADO FOR THE 2007 BUDGET YEAR
WHEREAS, the City Council of the City of Wheat Ridge adopted the 2007
annual budget on October 23,2006 in accordance with the Local Government Budget Law, and;
WHEREAS, the amount of money necessary to balance the budget for general operating
purposes from real property tax revenue is $724,545, and;
WHEREAS, the Local Government Budget Law requires certification of the annual
property tax mill levy by December 15,2006, and;
WHEREAS, the total net assessed valuation of all taxable property subject to taxation
for the year of 2006 is $395,926,110 and;
WHEREAS, the City for the fiscal year 2006 has determined to levy 1.830 mills on all
taxable property within the City; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE:
A. That for the purpose of meeting all general operating expenses of the City of
Wheat Ridge during the 2007 budget year, there is hereby levied a tax of 1.830
mills placed upon each dollar of the total valuation of all taxable property within
the City of Wheat Ridge for the year 2006.
B. That the Mayor of the City of Wheat Ridge is hereby authorized and directed to
immediately certify to the County Commissioners of Jefferson County, Colorado
the mill levy for the City of Wheat Ridge as herein above determined and set
DONE AND RESOLVED THIS
day of
.2006.
JERRY DiTULLIO, MAYOR
AIThST:
PAMELA Y. ANDERSON, CITY CLERK
ATTACHMENT 1
ITEM NO:
(i;,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
December 11,2006
TITLE:
RESOLUTION 55-2006. A RESOLUTION ADOPTING THE
SECOND MODIFICATION TO THE 38TH AVENUE CORRIDOR
REDEVELOPMENT PLAN.
o PUBLIC HEARING
o BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial: 0 ~
Yes No
~ IJi<<L
Community Development Director
flrrJ;
City Manager
EXECUTIVE SUMMARY:
In 2001, the Wheat Ridge City Council approved an urban renewal plan known as the 38th Avenue
Corridor Redevelopment Plan. The urban renewal area included all commercially zoned property
along 38th A venue from Sheridan to Wadsworth, including the Wheat Ridge Cyclery property which is
the subject of this modification.
The Urban Renewal Plan contemplated the use of tax increment financing, but did not initiate it at the
time of adoption ofthe plan. Tax increment financing was to be initiated on a project-by-project basis
so that the urban renewal area would benefit from the use of the full 25 years available for
implementing tax increment financing.
The Second Amendment does two things: 1) corrects some minor technical errors in the First
Amendment, and 2) initiates tax increment financing for the Wheat Ridge Cyclery expansion
project.
Adoption of this modification to the Plan implements Council's goal of preparing for growth and
opportunities and the goal to redevelop major corridors, specifically the 38th Avenue corridor.
Ilsrv-ci-eng-002Iusers$lawhite\All FileslURA \38th A venuel WRCyclerylSecond Amendment (' AF,doc
COMMISSION/BOARD RECOMMENDATION:
The Urban Renewal Authority has recommended adoption of the modification.
STATEMENT OF THE ISSUES:
This modification was presented to Council as a staff report at the November 20th study session. The
consensus was that the modification was not substantial, and that the plan could include provisions for
100% of the sales tax increment to be used for urban renewal projects.
The Urban Renewal Plan was modified once before, on October 27,2003, by the First Modification to
the 38th Avenue Corridor Redevelopment Plan. This modification was to initiate tax increment
financing for the Walgreens project. In the First Modification, references were made to nonexistent
subsections of Section 5 of the Urban Renewal Plan, and thus, a number of technical errors exist in the
current Plan. The Second Amendment corrects these minor errors.
The implementation of the tax increment is accomplished by an agreement between the landowner and
WRURA. Council is not involved in the approval of that agreement.
Upon adoption of this plan modification, tax increment financing will be enacted for 25 years. The
Authority may continue to collect the increments as long as it has obligations to pay.
ALTERNATIVES CONSIDERED:
Do not adopt the modification.
FINANCIAL IMPACT:
As a result of approving this amendment, the City may not receive any increase in sales or property tax
revenue as a result of the expansion of Wheat Ridge Cyclery. The Agreement with Wheat Ridge
Cyclery being drafted contemplates that 100% of both the sales and property tax increments will be
used, so by virtue ofthe Agreement, the City will not receive any ofthe increased revenue. The City
will continue to collect all existing revenues generated by the property and business.
RECOMMENDED MOTION:
"I move to adopt Resolution 55-2006, a Resolution adopting the Second Modification to the 38th
A venue Corridor Redevelopment Plan."
Report Prepared by: Alan White, Community Development Director
Reviewed by:
Attachments:
1. Resolution 55-2006, with the plan modification attached as Exhibit A.
Ilsrv-ci-eng-002Iusers$lawhiteIAIl FileslURA 13gth A venuel WRCyclerylSecond Amendment C AF,doc
RESOLUTION NO. 55-2006
SERIES OF 2006
A RESOLUTION ADOPTING THE SECOND MODIFICATION TO
THE 38TH A VENUE CORRIDOR REDEVELOPMENT PLAN
WHEREAS, in 2001, the Wheat Ridge City Council approved an urban renewal plan, known
as the 38th Avenue Corridor Redevelopment Plan (the "Urban Renewal Plan") for the elimination of
blight and redevelopment of certain portions of the City;
WHEREAS, such Urban Renewal Plan included the area described in Exhibit A hereto,
which is the current location of the Wheat Ridge Cyclery business;
WHEREAS, Section 5 of the Urban Renewal Plan provided for the utilization of sales and
property tax incremental revenue sources within the redevelopment area;
WHEREAS, the Wheat Ridge Urban Renewal Authority has entered into a redevelopment
agreement with owner and tenant of the Wheat Ridge Cyclery property;
WHEREAS, the Urban Renewal Authority has recommended to City Council that the Urban
Renewal Plan be modified to implement sales and property tax increment for the project area as
described in Exhibit A;
WHEREAS, the Urban Renewal Plan has only been amended once before, on October 27,
2003, by the First Modification to the 38th Avenue Corridor Redevelopment Plan;
WHEREAS, in this first amend~nt, references were made to nonexistent subsections of
Section 5 of the Urban Renewal Plan, and thus, a number of technical errors exist in the current
Urban Renewal Plan; and
WHEREAS, in compliance with the Urban Renewal Law of Colorado, C.R.S. ~ 31-25-101
et seq., the Wheat Ridge City Council desires to implement the use oftax increment financing for the
project area as described in Exhibit A, and to remedy the inaccurate section references made in the
First Modification to the 3 8th Avenue Corridor Redevelopment Plan.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1. The modification to the 38th Avenue Corridor Redevelopment Plan implementing
the use of tax increment financing for the Wheat Ridge Cycle as described in more detail in Exhibit
A and revising amendments made to the 38th Avenue Corridor Redevelopment Plan by the First
Modification to the 38th A venue Corridor Redevelopment Plan as set forth in Exhibit A is hereby
approved.
ATTACHMENT 1
12/01/06
y\CYCLER YTlF _ RESOLUTJONDOC
\ ISR V-C l-ENG-OI!2I USER.\
Section 2. The modification set forth in Exhibit A does not substantially change the urban
renewal plan in land area, land use, design, building requirements, timing, or procedure, and
therefore does not constitute a substantial modification to the 38th A venue Corridor Redevelopment
Plan pursuant to CR.S. S 31-25-107(7).
Section 3. All other provisions ofthe 38th Avenue Corridor Redevelopment Plan shall be and
remain in effect.
DONE AND RESOLVED THIS this
day of
.2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
APPROVED AS TO FORM:
Gerald Dahl, City Attorney
12/01/06
\\SRV-CI ENG-(}02\ USERS$l4 WHITEIAU FlLESIURA 138TH A VENUEIWRCYCLERYlCYCLERYTIF RESOLUTION DOC
2
SECOND AMENDMENT TO THE 38TH AVENUE CORRIDOR REDEVELOPMENT
PLAN
Section 5 of the 38th Avenue Corridor Redevelopment Plan ("Plan") is hereby amended
to read as follows:
5.0 PROJECT FINANCING
Urban renewal projects may be financed in whole or in part by the Authority under
the tax increment financing ("TIP") provisions ofC.R.S S 31-25-107(9)(a) of the
Urban Renewal Law, or by any other available source of financing authorized to be
undertaken by the Authority under C.R.S. S 31-25-105 of the Urban Renewal Law.
5.1 Financing Methods
The Authority is authorized to finance urban renewal projects within the
Redevelopment Area with revenues from property and sales tax increments,
interest income, federal loans or grants, or any other available source of revenues.
The Authority is authorized to issue bonds and incur other obligations
contemplated by the Urban Renewal Law in an amount sufficient to finance all or
any part of an urban renewal project within the Redevelopment Area. The
Authority is authorized to borrow funds and create indebtedness in any authorized
form in carrying out this Corridor Redevelopment Plan in the manner contemplated
by the Urban Renewal Law. Any principal and interest on such indebtedness may
be paid from property and sales tax increments, or any other funds, revenues, assets
or properties legally available to the Authority.
5.2 Potential Utilization of Tax Increment Financing (TIF)
After the date of final adoption of this Corridor Redevelopment Plan, as described
in the Resolution approving the Plan, the City may authorize the utilization of TIP
pursuant to C.R.S. S 31-25-107(9) of the Urban Renewal Law at such time or times
that a redevelopment project or projects is/are initiated under the provisions of this
Corridor Redevelopment Plan within the Redevelopment Area. Such TIP may be
utilized in the entire Redevelopment Area or portions of the Redevelopment Area.
The utilization of TIP pursuant to this section will necessitate a modification of, or
to, this Corridor Redevelopment Plan, in accordance with the provisions of c.R.S.
S 31-25-107(7) of the Colorado Urban Renewal Law governing such modifications.
Such an amendment shall be accomplished by the procedure set forth in Section
5.3, below. The details of this utilization of TIP may also be provided for by
agreement between the City and the Authority.
5.3 Utilization of Property and Sales TIF
Consistent with the foregoing provisions of this Section 5.0 regarding TIF, there
is hereby adopted the utilization of property and sales tax increment for the
EXHIBIT A
properties described in the attached Appendix A. The properties and projects for
which a tax increment shall be utilized, along with a legal description for the
properties, the date upon which the utilization of the tax increment shall take
effect, and the terms of the tax increment applicable to each property, shall be as
set forth in Appendix A.
APPENDIX A
1. Cornerstone Property
a. Date TIF imolemented: October 27,2003
b. Council Resolution: No. 26, Series 2003 (October 27,2003)
c. Legal Descriotion:
A tract of land in the Northeast 1/4 of Section 25, Township 3 South,
Range 69 West of the 6th Principal Meridian and also being a part of
Block 1, Pearson- Woodside Addition as recorded in Book 6, Page 8 of
the official records of the County of Jefferson, State of Colorado, and
being more particularly described as follows:
Commencing at the Northeast comer of said Northeast 1/4 thence S 000
15' 49" E along the East line of said Northeast 'l4, said line also being the
centerline of Sheridan Boulevard, 65.00 feet; thence S 890 59' 58" W,
30.00 feet to a point on the East line of said Block 1 and the West line of
Sheridan Boulevard, said point being the POINT OF BEGINNING;
thence N 450 07'56" W along the Southerly line of that tract of land
described at Reception Number 91056588, said line also being the
Southerly line of West 38th Avenue, 28.35 feet; thence continuing along
said Southerly line S 890 59' 58" W, 115.45 feet; thence N 000 15' 49" W
along said Southerly line, 5.00 feet to a point on the North line of said
Block 1, said point also being a point on the Southerly line of West 38th
Avenue; thence S 890 59' 58" W along said Northerly line of Block 1,
135.45 feet to the Northwest comer of said Block 1; thence S 000 15' 49"
E along the West line of said Block 1,217.20 feet to the beginning of a
curve; thence Southerly along a curve to the left and along the West line
of said Block 1, 38.84 feet, which curve has a radius of 523.00 feet, a
central angle of 40 15' 17" and whose chord bears S 20 23' 28" E, 38.83
feet, to the Southwesterly comer of Lot 21 of said Block 1; thence N 890
59' 58" E along the Southerly line of said Lot 21, 134.01 feet to the
Southeast comer of said Lot 21; thence N 000 15' 49" W along the East
line of said Lot 21, 25.00 feet; thence N 890 59' 58" E along a line
parallel to the North line of said Block 1, 135.45 feet to a point on the
East line of said Block 1 and the West line of Sheridan Boulevard; thence
N 000 15' 49" W along said East line of said Block 1 and the West line of
Sheridan Boulevard, 206.00 feet to the POINT OF BEGINNING, County
of J efferson, State of Colorado.
Said parcel contains 1.4937 acres more or less.
(the "Project Area")
d. TIF terms:
i. Prooertv Tax Increment. One hundred percent (100%) of the
property tax payable to the Authority under C.R.S. S 31-25-107(9) shall be
allocated to, and when collected, paid into a special fund of the Authority,
and may be irrevocably pledged by the Authority for the payment of the
principal of, premium, if any, and interest on any bonds, loans or advances,
or indebtedness (whether funded, refunded, assumed, or otherwise)
incurred by the Authority to finance or refinance, in whole or in part, urban
renewal projects, and to pay all financial obligations and debts of the
Authority.
ii. Sales Tax Increment. One hundred percent (100%) of the sales tax
payable to the Authority under C.R.S. S 31-25-107(9) shall be allocated to,
and when collected, paid into a special fund of the Authority, and may be
irrevocably pledged by the Authority for the payment of the principal of,
premium, if any, and interest on any bonds, loans or advances, or
indebtedness (whether funded, refunded, assumed, or otherwise) incurred
by the Authority to finance or refinance, in whole or in part, urban renewal
projects, and to pay all financial obligations and debts of the Authority.
111. Exniration of Sales and Prooertv Tax Increments. When such
bonds, loans, advances and indebtedness, and all financial obligations and
debts of the Authority; if any, including interest thereon and any premiums
due in connection therewith, have been paid, but in no event later than
twenty-five (25) years following the date the sales and property tax TIF is
implemented as set forth in subsection (a) above (which implementation
date is October 27, 2028) all property tax revenues upon the taxable
property and the total municipal sales tax revenue collections in the Project
Area shall be paid into the funds of the respective public bodies.
2. Wheat Ridge Cyclery Property
a. Date TIF imolemented: December 11, 2006.
b. Council Resolution: No. 55, Series 2006 (December 11, 2006)
c. Legal Descriotion:
Parcel 1
The South 163 feet of Lot 1, Craig Subdivision, City of Wheat
Ridge, County of Jefferson, State of Colorado,
Parcel 2
Lot 1, EXCEPT the South 163 feet thereof and the South 6 feet of
Lot 2, Craig Subdivision, City of Wheat Ridge, County of
Jefferson, State of Colorado,
Also described as:
Commencing at the southeast comer of Section 23, Township 3
South, Range 69 West of the 6th Principal Meridian; thence
S89038'23"W a distance of 1018.72 feet along the south line of
said Section; thence NOOoI4'01"W a distance of 30.00 feet to the
southeast comer of Lot 1, Craig Subdivision and the Point of
Beginning; thence along the southerly and westerly lines of said
Lot 1 and the westerly line of said Lot 2, the following 3 courses:
1) S89038'23"W a distance of 104.97 feet to a point of curvature;
2) along the arc of a curve to the right having a radius of 15.00
feet through a central angle of 90007'36" and having an arc length
of 23.60 feet, a chord bearing N45017' 49"W and a chord length of
21.24 feet to a point of tangency;
3) NOooI4'01"W a distance of210.97 feet to the northwest comer
of the south 6 feet of said Lot 2;
Thence N89038'23"E a distance of 120.00 feet along the north line
of the south 6 feet of said Lot 2; thence SOooI4'01"E a distance of
226.00 feet along the east line of said Lot 1 and said Lot 2 to the
Point of Beginning,
Containing 27,070 square feet or 0.621 acres more or less.
d. TIF terms:
i. Prooertv Tax Increment. One hundred percent (100%) of the
property tax payable to the Authority under C.R.S. S 31-25-107(9) shall be
allocated to, and when collected, paid into a special fund of the Authority,
and may be irrevocably pledged by the Authority for the payment of the
principal of, premium, if any, and interest on any bonds, loans or advances,
or indebtedness (whether funded, refunded, assumed, or otherwise)
incurred by the Authority to finance or refinance, in whole or in part, urban
renewal projects, and to pay all financial obligations and debts of the
Authority.
ii. Sales Tax Increment. One hundred percent (100%) of the sales tax
payable to the Authority under C.R.S. S 31-25-107(9) shall be allocated to,
and when collected, paid into a special fund of the Authority, and may be
irrevocably pledged by the Authority for the payment of the principal of,
premium, if any, and interest on any bonds, loans or advances, or
indebtedness (whether funded, refunded, assumed, or otherwise) incurred
by the Authority to finance or refinance, in whole or in part, urban renewal
projects, and to pay all financial obligations and debts of the Authority.
111. EXDiration of Sales and ProDertv Tax Increments. When such
bonds, loans, advances and indebtedness, and all financial obligations and
debts of the Authority; if any, including interest thereon and any premiums
due in connection therewith, have been paid, but in no event later than
twenty-five (25) years following the date the sales and property tax TIF is
implemented as set forth in subsection (a) above (which implementation
date is December 11, 2006) all property tax revenues upon the taxable
property and the total municipal sales tax revenue collections in the Project
Area shall be paid into the funds of the respective public bodies.
ITEM NO:
7.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: December 11, 2006
TITLE:
RESOLUTION 61-2006: A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
WHEAT RIDGE AND THE LONGS PEAK METROPOLITAN
DISTRICT
D PUBLIC HEARING
D BIDS/MOTIONS
C2J RESOLUTIONS
D ORDINANCES FOR 1 ST READING
D ORDINANCES FOR 2ND READING
Quasi-Judicial:
D
Yes
L8J
No
City Manager
EXECUTIVE SUMMARY:
On December 20, 2004, the city approved an Annexation and Development Agreement for property
located west ofInterstate 70, south of State Highway 58, north of West 32nd Avenue and east of
Eldridge Street among Cabela's Retail Inc. and Coors Brewing Company. The Property is expected
to be used for business and commercial purposes, including an approximately 200,000 square foot
Cabela's retail store.
Metropolitan districts in Colorado have become a common tool for financing the public
infrastructure portion oflarge development projects. All special districts in Colorado organized
under Title 32 of the Colorado Revised Statutes (C.R.S.) are required to file a service plan with the
city council of the municipality in which the district is proposed. Seter & Vander Wall, P.C.,
representing the owners ofthis property, filed the Longs Peak Metropolitan District Service Plan
with the City on February 21,2006 and City Council approved the plan on March 13,2006.
The purpose of the District is to provide public infrastructure improvements within and without the
Property. The District will acquire and/or design, finance, construct and install public improvements
for the use and benefit of the citizens of Wheat Ridge, the District's taxpayers and owners ofthe
Property, and the public at large, accomplishing these purposes through the issuance and repayment
of sales tax and public improvement fee bonds.
The Service Plan describes and sets forth those powers and authorities the District shall have as
allowed by Colorado law. The exercise of such powers, however, will at all times be governed by
and subject to the terms of the attached Intergovernmental Agreement (IGA) between the City and
the District.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
Approval of the Service Plan by the City was expressly conditioned upon the execution and delivery
of the attached IGA.
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
Costs associated with this IGA include staff, consultant and attorney time to review the submitted
documents.
RECOMMENDED MOTIONS:
"I move to approve Resolution 61-2006 - A Resolution Approving an Intergovernmental Agreement
between the City of Wheat Ridge and the Longs Peak Metropolitan District.
or,
"I move to table indefinitely 61-2006 - A Resolution Approving an Intergovernmental Agreement
between the City of Wheat Ridge and the Longs Peak Metropolitan District for the following
reason( s) "
Report Prepared by: Patrick Goff, Deputy City Manager
Report Reviewed by:
Attachments:
1. Intergovernmental Agreement between the City of Wheat Ridge and the Longs Peak
Metropolitan District
2. Resolution 61-2006
Draft 12.07.06
INTERGOVERNMENTAL AGREEMENT
Between
THE CITY OF WHEAT RIDGE, COLORADO
and
LONGS PEAK METROPOLITAN DISTRICT
THIS AGREEMENT is effective the _ day of December, 2006, by and between the
CITY OF WHEAT RIDGE, a home rule city of the State of Colorado (the "City"), and LONGS
PEAK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision
of the State of Colorado (the "District"). The City and the District are collectively referred to as the
Parties.
RECITALS
WHEREAS, the District was organized to furnish public infrastructure improvements,
facilities and services in connection with the development of property annexed to the City as the
"Cabela's/Coors/Salter Property Annexation" (the "Annexation") under an Annexation and
Development Agreement dated December 20,2004 among the City, Cabela's Retail Inc., a Nebraska
corporation ("Cabela's") and Coors Brewing Company, a Colorado corporation ("Coors"), and
amendments thereto (collectively the "Annexation Agreement"); and
WHEREAS, the District is authorized to exercise powers in the District's Service Plan
approved by the City on March . 2006 (the "Service Plan") and within its legal boundaries as
now or hereafter constituted; and
WHEREAS, the City and the District have determined it to be in the best interests of their
taxpayers, residents and property owners to enter into this Intergovernmental Agreement
("Agreement"), which is referred to in the Service Plan as the "City IGA," to promote the
coordinated development of the Annexation property as referenced in the Service Plan;
NOW, THEREFORE, in consideration of the covenants and mutual agreements herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree:
CO VENANTS AND AGREEMENTS
1. City Land Use Powers Exclusive. The City shall have and exercise sole and
exclusive jurisdiction over land use and building regulation (e.g., zoning, subdivision, building permit
decisions) within the boundaries of the District subject to the provisions of the Annexation
Agreement. The District shall take no action contrary to such decisions or orders of the City.
District projects shall be subject to City regulatory authority as provided by state law, the Wheat
Ridge Charter and Code of Laws, and covenants, conditions and restrictions imposed by the owners
of the property included in the Annexation.
2. Definitions. Words and phrases not otherwise defined herein shall have the
meaning ascribed to them in the Wheat Ridge Code of Laws. The following words and phrases shall
have the meanings set forth below:
ATTACHMENT 1
"Act" means the Special District Act, Colorado Revised Statutes ~~32-1-101, et seq.
"Bond Indentures" are the agreements entered into by the District and a Trustee providing
terms for the issuance and repayment of the Bonds in accordance with the terms set forth in
this Agreement.
"Bonds" means the bonds issued by the District in accordance with the terms of the Act,
consisting of both Tax - Free Bonds, to the greatest extent possible, and Taxable Bonds.
"CDOT" means the Colorado Department of Transportation.
"Cabela's" means Cabela's Retail, Inc., a Nebraska corporation, and its successors or assigns.
"Cabela's Project" means, collectively, the construction and operation of the Cabela's Store and
other buildings and facilities within the District designed to attract retailers to the City (the
"Retail Center"). The term "Cabela's Project" includes parcels of land owned by Coors within
the Property that may be developed in the future (collectively the "Coors Parcels"). The
Cabela's Store, the Retail Center and the Coors Parcels constitute the "Cabela's Project," all as
shown on Exhibit 1.
"Cabela's Store" means an approximately 200,000 square foot retail facility on the Property to
be constructed, owned and operated by Cabela's, and by the District as to any Public Facilities
located therein. The term "Cabela's Store" does not include related parking facilities.
"Coors" means Coors Brewing Company, a Colorado corporation.
"Property" means the area included within the legal boundaries of the District, as shown on
Exhibit 1.
"Public Facilities" are only those portions of the Property and the Cabela's Store that are owned
by the District and are available and used primarily by the District and the public as museum
and/ or public meeting spaces. Parking facilities, open space, trails, bicycle and pedestrian areas
and ways are not Public Facilities.
"Public Improvement Fee" has the meaning ascribed to it in Section 7.
"Public Improvement Fee Bonds" has the meaning ascribed to it in Section 7.
"Public Improvement Fee Improvements" are those Public Improvements listed on Exhibit 4,
which is described in Section 4.1.
"Public Improvements" are all of the facilities listed on the attached Exhibit 3 and include the
Public Infrastructure, the Public Roadway Improvements and the Public Facilities.
"Public Infrastructure" includes park and recreation facilities, water, sanitation and utility lines
and facilities, parking facilities, drainage improvements and other Public Improvements that are
not included within Public Roadway Improvements or Public Facilities.
"Public Roadway Improvements" include any access interchanges, ramp improvements, road
2
widening and other roads or streets deemed reasonably necessary to improve public access to
the Property and their design and construction, as further described on Exhibit 4 under the
heading "Public Roadways." Exhibit 3 is more fully described in Section 4.1.
"Sales Tax Bonds" has the meaning ascribed to it in Section 6.
"Sales Tax Improvements" means those Public Improvements listed on Exhibit 4, which is
more fully described in Section 4.1.
"Shared Sales Tax" has the meaning ascribed to it in Section 6.1.
"Taxable Bonds" means the portion of the Bonds to be used for acqUlSlt10n and/or
construction of Public Improvements that do not qualify for funding by federal tax-exempt
obligations under the Internal Revenue Code. The Taxable Bonds will have a maturity not to
exceed forty (40) years, and will bear interest at a rate or rates consistent with the limits set forth
in this Agreement.
"Tax-Free Bonds" means the portion of the Bonds to be used for acqUlslt10n and/or
construction of Public Improvements that qualify for funding by federal tax-exempt obligations
under the Internal Revenue Code. The Tax-Free Bonds will have a maturity not to exceed
twenty-five (25) years and shall bear interest at a rate or rates consistent with the limits set forth
in this Agreement.
"Trustee" means the trustee appointed to serve ill such role ill accordance with the Bond
Indentures.
"Wheat Ridge Code of Laws" means the municipal code and ordinances of the City of Wheat
Ridge, Colorado as adopted and as amended from time to time by the Council.
3. Change in Boundaries: Service Area.
3.1 The District may include additional property within its legal boundaries if such
property is located within the Service Area shown on the map attached as Exhibit 2, as the same
may be amended in writing by both Parties from time to time, without further approval or consent
of the City, provided that such property is also within the corporate limits of the City.
3.2 Subject to applicable provisions of state law, if any person owning property in the
Service Area petitions the City for annexation of such property, the City shall make it conditions of
the annexation that:
(i) the petitioners will, within 60 days after the effective date of the annexation, petition the
District for inclusion into the legal boundaries of the District of any annexed property
that is not included in the District at the time of annexation,
(ii) that the property to be annexed shall be made subject to the Public Improvement Fee,
and
(iii) that the property to be annexed shall be made subject to all preexisting debt of the
District.
3
The District will in the exercise of its sound discretion use reasonable efforts consistent with law to
include such property within its legal boundaries. The inclusion of property into the legal
boundaries of the District, which property is then within the City but not within the Service Area,
the exclusion of property from the District, and the furnishing of District services outside its legal
boundaries shall be subject to the prior written approval of the City. In no event shall the District
include into its legal boundaries any property not located within the corporate limits of the City at
the time of inclusion.
3.3 Any change in the legal boundaries of the District that is consistent with this Section
3 shall not constitute a material modification of the Service Plan.
4. Construction of Public Im~rovements.!.
4.1 The District shall acquire, construct and/or install all of the Public Improvements
listed on Exhibit 4 attached hereto (the "Sales Tax Improvements"). The District may in its
discretion acquire, construct and install any or all of the Public Improvements shown on Exhibit 5
attached hereto (the "Public Improvement Fee Improvements"). The District will design and bid
construction contracts for, and account separately for all costs of design, construction and/or
acquisition and/or installation of Sales Tax Improvements. The District shall provide the City with
all invoices and supporting information, contemporaneously with payment of invoices for the Sales
Tax Improvements, to enable the City to verify all costs related to such improvements.
4.2 The Parties will work in good faith with each other to ensure that all of the Public
Improvements are acquired and/ or constructed in a manner and timing sequence that:
(i) utilizes resources in a logical and efficient manner,
(ii) minimizes delays on other portions of the Cabela's Project,
(iii) complies with all necessary requirements of governmental entities with jurisdiction over
the various aspects of the Public Improvements; and
(iv) allows the Parties to fulfill their respective obligations in a timely manner under this
Agreement.
4.3 The Parties shall exercise their regulatory powers to the fullest extent provided by
law to require owners of Property to dedicate at no cost to the City, the District, or any other
Operating Agency as defined in Section 5 below, as appropriate, those property interests owned by
them which are necessary to accommodate Public Improvements reasonably required to serve such
Property. The Parties shall take any actions deemed reasonably necessary to construct the Public
Roadway Improvements, including but not limited to the exercise of powers of eminent domain or
condemnation (within the limits imposed by law) for right-of-way or easements. The District will
reimburse the City for any and all costs incurred or expended by the City in connection with the
acquisition of property interests necessary for Public Improvements, whether by eminent domain or
otherwise, including process costs and consideration paid for property interests. Reimbursement
shall be made in full within 60 days after submittal of the City's invoice for such expenses, or upon
the initial issue of any Bonds, whichever occurs later. Such costs shall be made a part of the costs of
construction funded by the Bonds. Concurrently with such reimbursement, the City will transfer
and assign to the entity or agency that will own, operate and maintain the same as set forth on
Exhibit 6 (the "Operating Agency"), the property interests acquired by it for which property
interests the reimbursement is made.
4
4.4 The District's exercise of its discretion to acquire, construct and/or install any or all
Public Improvements shown on Exhibit 5 shall be subject to the provisions of this Section 4.4.
The maximum capital expenditure by the District for the construction of Public Facilities will be:
(i) one hundred percent (100%) of the cost of Public Facilities that can be priced as
individual expense items; and
(ii) a pro-rata share of the cost of Public Facilities that are part of the condominium regime
as declared on the Property, whereby the District would pay a percentage of such costs
in an amount equal to the District's percentage ownership of said items in the
condominium regime (which may vary, depending upon the items in question).
The Public Facilities shall be available for use by all residents of the City and members of the general
public, as the District reasonably determines, subject to reasonable fees or charges, if any, as may be
imposed by the District from time to time. The Public Facilities within the Cabela's Store shall be
designated as a separate condominium unit and shall be deeded to and shall be owned, operated and
maintained by the District. It is anticipated that the Public Facilities will be exempt from ad valorem
taxation by virtue of ownership by the District. Any management agreement between the District
and Cabela's for the Public Facilities shall be subject to prior review by the City.
4.5 40th Avenue Undef!>ass. The 40th Avenue Underpass is a Public Improvement and
appears in the list of Public Improvements on Exhibit 4, as one of the "Sales Tax Improvements."
Notwithstanding any provision of this Agreement to the contrary, the cost of design construction,
construction inspection and contingency for the 40th Avenue Underpass shall be paid as follows:
[language from CDOT IGA to be inserted]
4.6 Improvements to 32ndAvenue & 44th and 44th and Youngfield.
(a) Youngfield/44th Avenue. The City shall construct and complete improvements to 44th
Avenue/Youngfield, using City funds, prior to the issuance of the Certificate of Occupancy for the
Cabela's Store. These improvements shall include widening Youngfield Street to four (4) lanes from
38th Avenue to 44th Avenue, including lane improvements on 44th Avenue from Youngfield Street to
Ward Road to provide a double left turn southbound at Y oungfield.
(b) 320d Avenue. The City shall contribute Three Million Two Hundred Sixty Eight
Thousand Dollars ($3,268,000) to the cost of construction of the improvements to 320d Avenue,
within 30 days of receipt by the City of a contractor's invoice from the Metropolitan District for the
same.
4.7 Reimbursement of CDOT Design. The parties acknowledge that CDOT will
participate in the cost of design of certain Public Improvements. The District shall reimburse the
City for any portion of those costs paid to CDOT by the City.
4.8 Other Public Improvements. The District will not, without the prior written
approval of the City Council, in its sole and unfettered discretion, undertake the acquisition or
construction of additional improvements not listed on Exhibit 3 or take any other action that would
or might reasonably have a claim upon the Shared Sales Tax or Public Improvem~nt Fee :evenues,
or that may prolong the time within which Bonds dependent upon such revenues will be paid.
5
5. Standards and Dedication for Oneration and Maintenance. The District will
dedicate all Public Improvements to the entity or agency that will own, operate and maintain them
(the "Operating Agency"), as provided on Exhibit 6, upon completion of each such improvement.
All Public Improvements shall be constructed pursuant to the standards and specifications of the
City. The District shall construct or insure construction of Public Improvements in accordance with
the standards of the Operating Agency to which they are to be dedicated or conveyed. The
requirements and process for dedication of each Public Improvement shall be governed by
applicable rules and regulations of the relevant Operating Agency. All public street improvements
shall be subject to the operational control and jurisdiction of the City as public streets and shall be
fully available and accessible to all members of the public, subject to the ordinances and regulations
of the City applicable generally to similar facilities throughout its corporate limits even if they are
owned and maintained by the District. Cabela's and the District may enter into a management
agreement under which Cabela's will assume certain responsibilities for maintenance, operation and
improvement of the Public Facilities.
6. Shared Sales Tax; Sales Tax Bonds. Shared Use Tax.
6.1 As of January 1, 2006, the City assesses a sales tax at a rate of 3% pursuant to the
provisions of Chapter 22 of the Wheat Ridge Code of Laws. The City's total sales tax revenues will
increase as a result of the development of the Property. The City will share with the District a
portion of the sales tax revenues from retail sales occurring within the District's boundaries for the
purpose of paying debt service on the Sales Tax Bonds issued for the Sales Tax Improvements listed
in Exhibit 4. The amount to be shared shall be that portion of the City's sales tax generated from
retail sales within the District's boundaries at a rate of one and two-tenths percent (1.2%) of the
amount of such retail sales (the "Shared Sales Tax") for a term which shall commence on the date
the first Sales Tax Bonds are issued and expire on the earlier to occur of:
(i) payment of all principal and interest on Bonds issued by the District to pay for the Sales
Tax Improvements (the "Sales Tax Bonds") or
(ii) on the last day of the year which is twenty-five (25) years after the date the first Sales Tax
Bonds are issued.
In no event shall the term of Shared Sales Tax extend later than 25 years after the date of the first
payment on Sales Tax Bonds. The term of the Shared Sales Tax established hereby is absolute and
shall not be extended for any reason, including without limitation extension of the term of, or
default in the payment of principal or interest on any Sales Tax Bonds.
6.2 The City's sales tax rate within the boundaries of the District shall not be reduced for
any reason to a rate less than the rate of the Shared Sales Tax (1.2%).
6.3 The City will account separately for all of the Shared Sales Tax upon receipt and
remit collected Shared Sales Tax to the District within thirty (30) days after receipt by the City. All
remittances shall be made only from the Shared Sales Tax actually collected. Except as provided in
Section 6.13 (Shared Use Tax), the City shall have no obligation to make payments to the District
from any other revenue source. The City's obligations under this Section shall be limited to
remitting the Shared Sales Tax collected by it. The City shall not have any obligation to the Sales
6
Tax Bond holders for the collection of Shared Sales Tax Revenues, or for payment of the Sales Tax
Bonds.
6.4 The City will enforce and collect sales taxes to be shared pursuant to this Section to
the same extent it does so outside the District's boundaries.
6.5 Within 120 days after the end of each City fiscal year, the City shall deliver to the
District a statistical report of all sales taxes received in such fiscal year from the sales within the
District, classified to prevent the identification of a particular return or report unless a waiver of
confidentiality has been obtained from any identified retailer.
6.6 The District shall have the right to audit or contest, at its sole expense, the City's
computation of Shared Sales Tax. However, under no circumstances shall the City or its
representative be under any obligation in connection with such audit to disclose individual sales tax
returns or reports or any information or documents from which individual sales taxes could be
ascertained or determined, as the Parties recognize that such individualized information is
confidential and cannot be disclosed unless a waiver of confidentiality has been obtained from any
identified retailer. Except in the case of contests for which the District has alleged breach of this
Agreement, audits shall not occur more than once annually at the time the City subjects its records
to audits required by state law. In cases of contest for which the District has alleged breach of this
Agreement, the District may conduct an additional audit at its expense.
6.7 Within 120 days after the end of each fiscal year the District shall provide the City
with a full and complete accounting of the expenditure of all funds received by the District under
the provisions of this Section 6 and Section 7 below during the previous fiscal year, in sufficient
detail to enable the City to confirm that all expenditures were made for the purposes authorized by
this Agreement.
6.8 Any payments by the City under this Section are subject to annual appropriation by
the City acting in its sole and exclusive discretion; provided, however, that it is the present intent and
expectation of the Parties that the City will in fact make all of the payments contemplated by this
Agreement. The City Manager or any other officer or employee of the City charged with the
responsibility for formulating the proposed budget of the City is hereby directed to include in the
budget proposal submitted to the City Council in each year this Agreement is in effect, amounts
sufficient to pay the Shared Sales Taxes to the District, to the full extent that the City shall have
received such amounts or reasonably anticipates receiving such amounts payable under this
Agreement. If the City does not budget and appropriate sufficient funds for any payment, the City
shall provide prompt written notice thereof to the District.
6.9 As of the date of this Agreement, the Parties believe that the Sales Tax
Improvements will cost Twenty Two Million Dollars ($22,000,000). Accordingly, the District shall
be authorized to issue Sales Tax Bonds in an amount up to:
(i) Twenty Two Million Two Hundred Fifty Thousand Dollars ($22,250,000) based on the
current costs set forth in Exhibit 4 without any further approval required by the City on
such amount; and
(ii) up to an additional One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (for
a total of Twenty Three Million Five Hundred Thousand Dollars ($23,500,000) of Sales
7
Tax Bonds) if the City Council first approves a resolution to authorize such additional
debt, which action shall not be deemed a material modification of the Service Plan.
Issuance of Sales Tax Bonds in an aggregate amount in excess of Twenty Three Million Five
Hundred Thousand Dollars ($23,500,000) shall be a material modification of the Service Plan and
shall not be undertaken unless and until such modification is approved by the City Council
pursuant to ~32-1-207, eR.S.
6.10 All Sales Tax Bonds shall be Tax-Free Bonds and shall be issued upon terms,
including interest rates and underwriter discount, that are consistent with and reflect market rates
and conditions for bonds similar in character to the Sales Tax Bonds then being issued, at the time
of their issue, and the term thereof shall not exceed twenty-five (25) years from the date the first
Bonds are issued.
6.11 The proceeds of the Sales Tax Bonds, net of costs of issuance and underwriter's
discount, shall be used solely and exclusively to fund the acquisition and construction of the Sales
Tax Improvements described on Exhibit 4. Shared Sales Tax shall be used solely and exclusively to
pay principal and interest on the Sales Tax Bonds. The District may use property taxes and other
revenues legally available to it, to pay Sales Tax Bonds and may issue general obligation bonds or any
other lawful form of indebtedness in lieu of or in addition to Sales Tax Bonds to fund Sales Tax
Improvements.
6.12 Nothing herein shall be construed to limit the right of the District to impose or
collect, or cause to be imposed or collected, public improvement fees, taxes, assessments or similar
charges for the purpose of providing, operating or maintaining District facilities or services to serve
the Property.
6.13 6.13 Shared Use Tax.
(a) As of January 1, 2006, the City assesses a use tax at a rate of 3% pursuant to the
provisions of Chapter 22 of the Wheat Ridge Code of Laws. The City's total use tax revenues will
increase as a result of the development of the Property. The City will share with the District fifty
percent (50%) of the use tax revenues received from the imposition of said tax on building materials
and supplies used within the District's boundaries ("Shared Use Tax"). Said Shared Use Tax
revenues shall be used only for the purpose of paying debt service on the Sales Tax Bonds issued for
the Sales Tax Improvements listed in Exhibit 4. The term of the City's obligation to make
payment of the Shared Use Tax under this Section 6.13 shall commence on the date the first Sales
Tax Bonds are issued and expire eight (8) years thereafter.
The term of the Shared Use Tax established hereby is absolute and shall not be extended for
any reason, including without limitation extension of the term of or default in the payment of
principal or interest on any Sales Tax Bonds.
(b) The City's use tax rate within the boundaries of the District shall not be reduced for
any reason to a rate less than the rate of the Shared Sales Tax (1.2%).
(c) The City will account separately for all of the Shared Use Tax upon receipt and remit
collected Shared Use Tax to the District within thirty (30) days after receipt by the City. All
8
remittances shall be made only from the Shared Use Tax actually collected. The City's obligations
under this Section 6.13 shall be limited to remitting the Shared Use Tax collected by it. The City
shall not have any obligation to the Sales Tax Bond holders for the collection of Shared Use Tax
revenues, or for payment of the Sales Tax Bonds.
(d) The City will enforce and collect use taxes to be shared pursuant to this Section 6.13
to the same extent it does so outside the District's boundaries.
(e) Within 120 days after the end of each City fiscal year, the City shall deliver to the
District a statistical report of all use taxes received in such fiscal year from imposition of the use tax
upon building materials and supplies within the District, classified to prevent the identification of a
particular return or report unless a waiver of confidentiality has been obtained from any identified
taxpayer.
(f) The District shall have the right to audit or contest, at its sole expense, the City's
computation of Shared Use Tax. However, under no circumstances shall the City or its
representative be under any obligation in connection with such audit to disclose individual use tax
returns or reports or any information or documents from which individual use taxes could be
ascertained or determined, as the Parties recognize that such individualized information is
confidential and cannot be disclosed unless a waiver of confidentiality has been obtained from any
identified taxpayer. Except in the case of contests for which the District has alleged breach of this
Agreement, audits shall not occur more than once annually at the time the City subjects its records
to audits required by state law. In cases of contest for which the District has alleged breach of this
Agreement, the District may conduct an additional audit at its expense.
(g) Any payments by the City under this Section 6.13 are subject to annual appropriation
by the City acting in its sole and exclusive discretion; provided, however, that it is the present intent
and expectation of the Parties that the City will in fact make all of the payments contemplated by
this Section 6.13. The City Manager or any other officer or employee of the City charged with the
responsibility for formulating the proposed budget of the City is hereby directed to include in the
budget proposal submitted to the City Council in each year this Agreement is in effect, amounts
sufficient to pay the Shared Use Taxes to the District, to the full extent that the City shall have
received such amounts or reasonably anticipates receiving such amounts payable under this
Section 6.13. If the City does not budget and appropriate sufficient funds for any payment, the City
shall provide prompt written notice thereof to the District.
7. Public Improvement Fees: Public Im!>rovement Fee Bonds..
7.1 The owners of the Property (the "Owners") have imposed or will impose by
covenant or lease a public improvement fee, payable to the District, of one and four-tenths percent
(1.4%) on the amount of all sales or other transactions occurring within the boundaries of the
District that are subject to the City Sales Tax while the Sales Tax Bonds are outstanding (the "Public
Improvement Fee"), and one and six-tenths percent (1.6%) on the amount of all sales or other
transactions occurring within the boundaries of the District that are subject to the City Sales Tax
thereafter during the remaining term of the Public Improvement Fee. The City's Sales Tax will be
charged on the combined total of the subject sales transaction and the Public Improvement Fee
payable with respect to such transaction.
9
7.2 Subject to the provlslOns of ~8.2 below, the Public Improvement Fee may be
imposed for a term not to exceed forty (40) years from the date of issuance of the fIrst Public
Improvement Fee Bonds.
7.3 Concurrendy with this Agreement, the District and the City have entered into a PIF
Collecting Agent Agreement pursuant to which the District has appointed the City as its agent
("Collection Agent") to collect the Public Improvement Fee. As Collection Agent, the City shall
collect Public Improvement Fee revenues in the same manner as the City's Sales Tax is collected
within the boundaries of the District. The City will not be responsible for collection of unpaid
Public Improvement Fee revenues or for enforcing the Public Improvement Fee covenants. The
City's responsibility shall be limited to remitting Public Improvement Fee revenue actually collected
by it to the District or the Trustee and advising the District of the failure of any person to pay such
fee. The City shall be entided to retain a portion of the Public Improvement Fee revenue reasonably
calculated to cover the City's cost of collection and remittance to the District. The City and the
District will cooperate to develop forms and procedures intended to implement the orderly and
uninterrupted collection of Public Improvement Fee revenues. Public Improvement Fee revenues
in the hands of the City shall be deemed funds collected for another government within the meaning
of Colo. Const. Article X, ~20(2)(e). The City or the District may terminate the City's services as
Collection Agent upon not less than 180 days notice to the other party.
7.4 Subject to the provisions of Sections 7.7 and 8.2 below, the Public Improvement Fee
revenues shall be used by the District to pay the costs to acquire, construct, install and maintain the
Public Improvement Fee Improvements listed on Exhibit 5, for which Shared Sales Tax and the
proceeds of Sales Tax Bonds shall not be used. The District may issue Tax-Free Bonds or Taxable
Bonds to fInance the costs of Public Improvements not financed with Shared Sales Tax (the "Public
Improvement Fee Bonds"). If the Public Improvement Fee Bonds are paid in full prior to the Sales
Tax Bonds being paid in full, then the Public Improvement Fee shall be used by the District to pay
principal and interest on the Sales Tax Bonds. Additionally, if in any fIscal year before the Sales Tax
Bonds have been paid in full, Public Improvement Fee revenues received by the District exceed the
scheduled debt service on the Public Improvement Fee Bonds for such year, the District shall remit
the excess Public Improvement Fee revenues to the Trustee for the Sales Tax Bonds to be applied
to the payment of principal and interest on the Sales Tax Bonds. Subject to the foregoing and to the
provisions of Sections 7.7 and 8.2, Public Improvement Fee revenues shall be used solely and
exclusively to pay the costs of the Public Improvement Fee Improvements and principal and interest
on the Public Improvement Fee Bonds. Net proceeds of the Public Improvement Fee Bonds shall
be used solely and exclusively to acquire or construct Public Improvements.
7.5 As of the date of this Agreement, the Parties believe that the Public Improvement
Fee Improvements will cost Forty Eight Million Four Hundred Thousand Dollars ($48,400,000) .
The District shall be authorized to issue Public Improvement Fee Bonds in an amount up to:
(i) Forty Nine Million Two Hundred Fifty Thousand Dollars ($49,250,000) based on the
current costs set forth in Exhibit 5 without any further approval required by the City on
such amount; and
(ii) up to an additional Three Million Two Hundred Fifty Thousand Dollars ($3,250,000)
(for a total of Fifty Two Million Five Hundred Thousand Dollars ($52,500,000) of
Public Improvement Fee Bonds) if the City Council first approves a resolution to
10
authorize such additional expenditures, which action shall not be deemed a material
modification of the Service Plan.
Issuance of Public Improvement Fee Bonds in an aggregate amount in excess of Fifty Two Million
Five Hundred Thousand Dollars ($52,500,000) shall be a material modification of the Service Plan
and shall not be undertaken unless and until such modification is approved by the City Council
pursuant to ~32-1-207, eR.S.
7.6 The Public Improvement Fee Bonds shall be issued upon terms, including interest
rates and underwriter discount, that are consistent with and reflect market rates and conditions for
bonds similar in character to the Public Improvement Fee Bonds then being issued, at the time of
their issue, and the term thereof, including refundings, shall not exceed forty (40) years from the
date the first Public Improvement Fee Bonds are issued. Any issue of Public Improvement Fee
Bonds proposed to mature after the maximum term provided herein, or any refunding of Public
Improvement Fee Bonds which extends any maturity beyond said maximum term, shall be a
material modification of the Service Plan and shall not be undertaken unless and until such
modification is approved by the City Council pursuant to ~32-1-207, eR.S. Proceeds of the Public
Improvement Fee Bonds shall be used solely to fund the Public Improvement Fee Improvements
listed on Exhibit 5.
7.7 The Public Improvement Fee revenues shall be used (i) first to pay for Public
Improvement Fee Improvements or principal and interest on the Public Improvement Fee Bonds,
(ii) second to pay principal and interest on the Sales Tax Bonds if required by Section 7.4; and (iii)
third to pay reasonable costs and expenses of maintenance and operation of Public Improvements
and District administration, after all Sales Tax Bonds and Public Improvement Fee Bonds have been
paid in full. The Public Improvement Fee may continue for up to forty (40) years after the initial
issuance of any Public Improvement Fee Bonds, even if such Bonds have been paid in full, in order
to continue funding ongoing operation and maintenance costs associated with the Public
Improvements. Further, imposition and collection of the Public Improvement Fee may be
continued and extended beyond forty (40) years in accordance with the provisions of Section 8.2
below.
8. Waiver of Sales Tax.
8.1 In addition to sharing a portion of its sales tax with the District as provided in
Section 6 above, prior to the opening of the Cabela's Store the City will take the necessary action to
temporarily waive eight-tenths (0.8) of one cent of its three-cent sales tax on retail sales transactions
within the Property. Upon the earlier to occur of: (i) the term during which the City has agreed to
remit Shared Sales Tax to the District as provided in Section 6 has expired, or (ii) the Sales Tax
Bonds have been paid in full, then if Public Improvement Fee Bonds are then outstanding the City
will take the necessary action to increase the amount of its sales tax that is temporarily waived to one
cent, and at such time the Public Improvement Fee may be increased to 1.6%. Upon the earlier to
occur of (i) the payment in full of Bonds issued to acquire and/or construct any of the Public
Improvements described in this Agreement or (ii) forty (40) years after the date the first series of
Bonds are issued to acquire and/or construct any of the Public Improvements described in this
Agreement, the temporary sales tax waiver shall cease and the City shall be entided to collect the full
amount of its sales tax. The waiver of a portion of the City's sales tax as described in this Section 8
is intended to be temporary only and not a change in the City's tax policy pursuant to applicable law.
11
8.2 If the City is unable for any reason to remove the temporary waiver of a portion of
its sales tax after the expiration of the term thereof pursuant to the provisions of Section 8.1 above,
the District shall continue to impose and collect the Public Improvement Fee for such period of
time and in such amount as is necessary to reimburse the City for any revenue lost by the City due to
the temporary waiver of the City sales tax. If such continuation becomes necessary the City may
collect, retain and use for its general municipal purposes that portion of the Public Improvement
Fee (which is sufficient to replace the Sales Tax revenues temporarily waived) directly from property
owners and tenants in the District. The District shall support and cooperate with the City in the
imposition and collection of such amounts, including the adoption and enforcement of rules and
regulations consistent with state law to effectuate the imposition and collection of the said Public
Improvement Fees on behalf of the City, as provided in this Section.
8.3 The City will take the appropriate action to temporarily waive an additional portion
of its sales tax to the extent necessary to cause the aggregate of all sales taxes and the Public
Improvement Fees charged on transactions occurring within the District (the "Total Project Tax
and Fee") not to exceed the greater of (i) eight and two-tenths percent (8.2%); or (ii) the average
sales tax and other fees then being charged within those cities within the Denver metropolitan area
listed on Exhibit 7 (the "Comparable Cities"). For example, if the City raises its sales tax an
additional 0.5% to 3.5% and such City sales tax when combined with other sales taxes and the
Public Improvement Fee equals 8.7% and the average sales taxes and other fees within the
Comparable Cities is then 7.9%, the City will temporarily waive the additional 0.5% of its sales tax
such that the total of the sales taxes and other fees charged on sales within the Property will be
8.2%. Conversely, in the event that the average sales tax and other fees being charged by the
Comparable Cities (the "Comparable City Average") increases above 8.2%, the City may decrease its
waiver of sales tax such that the Total Project Tax and Fee equals the Comparable City Average.
8.4 The City agrees that if its sales tax rate is lowered as a result of a change in the
overall tax scheme of the City, the City will, to the extent permitted by law, replace the Shared Sales
Tax that would have otherwise been payable under the current tax scheme.
9. Bonds.
9.1 The maximum principal amounts of Bonds set forth in Sections 6.9 and 7.5 are
based on a reasonable estimate of the costs of the Public Improvements and the revenue available to
the District to pay principal and interest on the Bonds. The Bonds will be payable from the
revenues provided for them in Sections 6 and 7 above as available from year to year and it shall not
be an event of default under the Bond Indentures or the Bonds if such revenues are insufficient to
pay principal and interest. Proceeds of the Bonds will be used by the District as provided in
Sections 6.11 and 7.6 above.
9.2 The Bond Indentures shall require the District to remit Shared Sales Tax and Public
Improvement Fee revenues to a Trustee within thirty (30) days after said Shared Sales Taxes and
Public Improvement Fee revenues are received by the District from the City or another duly
designated collection agent. The Bond Indenture for the Sales Tax Bonds will provide that the
Trustee will utilize Shared Sales Taxes to pay principal and interest on the Sales Tax Bonds. The
Bond Indenture for the Public Improvement Fee Bonds will provide that the Trustee will utilize
Public Improvement Fee revenues to pay principal and interest on (i) the Public Improvement Fee
Bonds and (ii) as set forth in Sections 7.4 and 7.7, the Sales Tax Bonds. Cabela's or its assigns shall
12
not be required to guarantee payment of any of the Bonds. No Bonds issued by the District shall be
deemed bonds of the City, and the City shall have no liability for payment of the Bonds independent
of the City's obligation to remit Shared Sales Tax and Public Improvement Fee revenues as provided
in and subject to the limitations of this Agreement.
9.3 To the greatest extent possible under federal and state law, the Bonds issued by the
District shall be issued as Tax Free Bonds. Final determination of which Bonds may be Tax-Free
Bonds and which will be Taxable Bonds shall rest with the District.
9.4 To the extent permitted by the Act, the United States Internal Revenue Code of
1986, as amended, and other applicable laws, rules and regulations, all costs relating to the design,
acquisition, construction and installation of Sales Tax Improvements, including actual costs incurred
by the City for its review and analysis of, and participation in the organization of the District, and
planning, funding and development of the Sales Tax Improvements shall be reimbursed by proceeds
from the Sales Tax Bonds, whether or not said costs were incurred before or after (i) the formation
of the District, or (ii) the issuance of the Bonds.
10. Mos<!uito Control and Transportation Powers. The Service Plan authorizes the
District to exercise mosquito control and transportation powers, but does not contain facilities
descriptions or cost estimates. The City has and performs a mosquito control program generally
throughout all areas of the City, including the Property. The Regional Transportation District
furnishes public transportation service throughout the metropolitan Denver region, also including
the Property. The District shall not undertake a mosquito control or a transportation program
without prior approval of the City Council, which approval may be granted, and either or both of
said powers thereafter exercised, without the need for amendment of the Service Plan. If directed
by the City, and if doing so will not affect the ability of the District to pay principal and interest on
the Bonds, the District shall furnish and install mosquito control facilities and improvements as
reasonably required by the City to serve the Property. If doing so would affect the ability of the
District to pay such principal and interest, the District may, only in that instance, increase the Public
Improvement Fee to cover the increased cost.
11. Service Plan Approval Conditions. The District will satisfy the following
additional requirements and limitations, which are express conditions of the City's approval of the
Service Plan.
11.1. The District shall not apply for or claim any entitlement to Conservation Trust Fund
money for which the City is eligible.
11.2. The City's remedies for failure of the District to comply with this Agreement or any
material provision of its approved Service Plan shall include authority for the City, upon a finding of
such failure by the City Council, following notice to the District and an opportunity to be heard, to
withhold the issuance of any related permit, authorization, acceptance or other administrative or City
Council approval needed by the District or required by City ordinances, codes, rules or regulations.
11.3 The consolidation of the District with any other special district shall be subject to the
prior approval of the City Council, in its sole and unfettered discretion.
11.4 The District will take all action necessary to dissolve pursuant to Title 32, Article 1,
13
Part 7, CR.S., as amended from time to time, upon the expiration of the later of (i) 40 years from
the first issuance of the Taxable Bonds or (ii) 42 years from the date of its organization by the
district court, unless the City Council approves its continued existence. Neither such approval nor
the continued existence of the District shall be a material modification of the Service Plan.
11.5 At the time of providing its accounting under Section 6.7, the District will file a
capital improvements plan reporting the use of bond proceeds in the prior year, anticipated uses in
the coming year, and, with respect to the next bond issue contemplated by the District, the
estimated date thereof, the specific facilities to be built with the proceeds and a detailed sources and
uses analysis. Any questions or concerns about the conformity of such plan with the provisions of
this Agreement raised in writing by the City Manager or his designee within 20 days after receipt of
such plan will be resolved to the satisfaction of the Manager prior to the District proceeding with
work on the questioned or noted items. The District shall also file copies of the District's statutory
audits with the City.
11.6 The District shall submit any post-organization ballot issue or bond fmancing plan
(including interest rates and security terms) to the City prior to referring the same to its electors.
The City may, pursuant to the provisions of Section 32-1-207(3)(a), CR.S., enjoin any proposed
action in connection therewith which is not in material compliance with the approved Service Plan.
The District and the City will work cooperatively to implement the various provisions of its Service
Plan.
11.7 The rate of interest paid by the District on any loan from or reimbursement payable
to the Owners shall not exceed 6% per annum, compounded annually. This limitation does not apply
to any Bonds.
11.8 The District shall pay the full cost incurred by the City to review and consider any
and all applications for an amendment to its Service Plan.
12. Precedence. Recognizing that full development of the Property may take up to 30
years, the City approved the Service Plan with sufficient flexibility to accommodate and enable the
District to respond to changed conditions over time, while still relying upon the provisions of this
Agreement to enable it to exercise appropriate control and supervision of the District as provided by
state law. Accordingly, any conflict or inconsistency between the Service Plan and this Agreement
shall be resolved in favor of the provisions of this Agreement.
13. Integ-ration. This written Agreement and the PIF Collecting Agent Agreement
constitute the entire agreement between the District and the City and supersede all prior written or
oral agreements, negotiations, or representations and understandings of the Parties with respect to
the subject matter contained herein and in the PIF Collecting Agent Agreement, respectively.
14. Exhibits. The following Exhibits are attached hereto and fully incorporated herein
by this reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Metropolitan District Boundary
Metropolitan District Service Area Boundary
List of all Public Improvements
List of Sales Tax Improvements
14
Exhibit 5:
Exhibit 6:
Exhibit 7:
List of Public Improvement Fee Improvements
Operating Agency Allocations
List of Comparable Cities
15. Amendment. This Agreement may be amended, modified, changed, or terminated
in whole or in part only by written agreement duly authorized and executed by the Parties without
necessarily requiring amendment to the Service Plan. The need for formal amendment to any
Service Plan shall be determined according to state law then in effect, or, where applicable, an express
provision of this Agreement.
16. Enforcement. This Agreement may be enforced in law or in equity for specific
performance, injunctive, or other relief, including damages, as may be available according to the laws
and statutes of the State of Colorado. A breach hereof which results in recoverable damages shall
not cause the termination of any obligations created by this Agreement unless such termination is
declared by the Party not in breach.
17. Y enue. Venue for the trial of any action arising out of any dispute hereunder shall
be in the district court in the State of Colorado serving Jefferson County pursuant to the appropriate
rules of civil procedures.
18. Sco!Je of Benefits. Except as otherwise stated herein, this Agreement is intended to
describe the rights and responsibilities of and between the named Parties and is not intended to, and
shall not be deemed to confer any rights upon any persons or entities not named as Parties, nor to
limit in any ways the powers and responsibilities of the City, the District, or any other entity not a
party hereto.
19. Effect of Invalidity. If any portion of this Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed
severable and its invalidity or unenforceability shall not affect the validity or enforceability of any
other portion or provision hereof. Further, if any court determines this Agreement violates the
multi-year contract restriction in Section 20, Article X of the Colorado Constitution; this Agreement
shall immediately convert to a one year contract with automatic annual renewal, subject only to
failure by the City to appropriate funds annually. The failure to appropriate or have funds available
shall not be a breach of the Agreement.
20. Assignability: Successors. Neither the City nor the District shall assign its rights
or delegate its duties hereunder without the prior written consent of the other Party. The rights and
obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and
their respective successors and permitted assigns.
IN WITNESS WHEREOF, the District and the City have caused this Agreement to be duly
executed as of the day first above written.
15
LONGS PEAK METROPOLITAN
DISTRICT
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
CITY OF WHEAT RIDGE
By:
Jerry DiTullio, Mayor
ATTEST:
By:
Office of City Clerk
APPROVED AS TO FORM:
Gerald E. Dahl, City Attorney
16
EXHIBIT 1
e-=
~
I
[
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=--1_
":: -COORS
BREWING C
, I
COORS
BREWING CO. 0 ()
LEGEND
METROPOLITAN DISTRICT
BOUNDARY
l, " J
I,
0'0
(
I
,r
Q
. 1
I.
~C /;~~!;
\~I)' !j 1/
\ _ / u)/
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I
o 400 800
SCALE 1" = 800'
I
,
\ 'I
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-
e
METROPOLITAN DISTRICT
BOUNDARY
FEBRUARY 20. 20QE
~MARTIN I MARTIN I
, ..-.. ~DN.UL.,"H" KNmINtut...
111400 W"T DaurAX Avrt.
P,O. .gx 1111 DaD
LAKtl:'WCQO. CD B0215
:1031.4:1 1 .61 co
rAX 303.431.""'038
.
~
EXHIBIT 2
- -
----
~
\ ~
4" \
~+====
t f~~~
o 0 . \
L \
~
.-'
SERVICE ARE.
BOUNDARY
\
\ \
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/.~ --
- -~-I-
, j -
:\
LEGEND
, \
'0
\ \ ,
)
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\
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'\.______~/ ...- J
~~
,~
SERV\CE AREA BOUNDARY
FEBRU"R~ ,0 2006\
C~MART\H Il'IA~
, .. _ a,":.::"::: ~:~m...::r~:~~. \ .~'
P.o..O)I: ,.,.00
~",lt'rfIO'O.aa. QO 1102' !!t
30:1....'.6100 J
_ ..,'"'3":..... ...a2m
~~ ~~ ~_r---------------- ..- - -' -
-
-------------.-------
EXHIBIT 3
List of All Public Im!lrovemen~
Intergovernmental Agreement
City of Wheat Ridge
Longs Peak Metropolitan District
Per Project Development Budget 24 August 2006
Revised 30 November 2006
A. LAND
Cabcla's Retail
Right of Way/Coors
Right of Way/Salter
Right of Way/Richter
Jeff co Parcel 2 ROW
Conoeo - west -ROW
B. OFF-SITE DEVELOPMENT
B.l Underpass 40th & 1-70
B.1.1 - Underpass 40th & 1.70
8.1.2 - 1-70 WB Hook Ramp D Extension
8.1.3 - Frontage Access Road South of Underpass
B.1.4 - Frontage Access Road North of Underpass
B.I.S - Traffic Signal
B.4 1-70 & 32nd Ave.
8.4.1 1-70 WB Hook Ramps
8.4.2 32nd & Y oungfield Intersection
B.4 1-70 & 32nd Ave.
B.4.2 32nd & Y oungfield Intersection
B.S SH-S8 Interchange at Cabela's & 44th Ave.(4 Lanes)
B.5.1 SH-S8 Interchange at Cabela's and 44th Ave.
B.8 Consultants
B. Youngfield Widening
C. SITE DEVELOPMENT
C.l Entitlement
C.3 Mass Grading-Cabcla's site
C.4 Cabela's Drive
C.4.1 Salter to 32nd: S-Lane
C.4.2 Salter to Clear Creek Bridge: S-Lane
C.4.3 Cabela Drive to West Edge of 40th Tunnel (3 Lanes)
C.4A Cabela Drive from Clear Creek Bridge to SH-S8 Interchange: 4-Lane
C.4.S Clear Creek Bridge: 4-Lane
C.S Utilities
CS.l Cahela's Offsite Public
CS.2 Cabela's On site Public
C6 Site Utilities-DWD Lowering
C.7 Storm Water Retention
C9 Clear Creek Trail Connector: Ped. Path N. ofCC along Rd.
D. CABELA'S STORE SITE WORK
D.l Cabela's Parking Lot
0.2 Landscaping
0.3 Site Electrical
DA Cabela's Store Utilities
0.5 Cabela's Onsite Private Utilities
E. BUILDING
E.l Museum/Display Space
E.2 Public Area
E.5 Special Features
F. FURNITURE, FIXTURES & EQUIPMENT
1'.1 Furniture & Fixtures
1'.2 Security
1'.3 MIS/Communications
1'.4 Signage
r.5 MateriallIandling
H. SOFT COSTS
Dttp_'fJItr Poilt! CON!J<JIIY
EXHIBIT 4
List of Sales Tax Imnrovements
Intergovernmental~reement
City of Wheat Ridge
Longs Peak Metropolitan District
Per Project Development Budget 24 August 2006
Revised 30 November 2006
B.1 Underpass 40th & 1-70
B.1.1 - Underpass 40th & 1-70
B.1.2 - 1-70 WE Hook Ramp D Extension
B.1.3 - Frontage Access Road South of Underpass
B.1.4 - Frontage Access Road North of Underpass
B.1.5 - Traffic Signal
$ 7,326,949
$ 5,803,645
$ 452,070
$ 239,837
$ 700,258
$ 131,139
B.4 1-70 & 32nd Ave.
BA.1 1-70 WB Hook Ramps
B.4.2 32nd & Y oungfield Intersection
$ 3,830,090
$ 3,830,090
City Contribution
C.4 Cabela's Drive
CA.1 Salter to 32nd: 5-Lane $
C.4.2 Salter to Clear Creek Bridge: 5-Lane $
CA.3 Cabela Drive to West Edge of 40th Tunnel (3 Lanes) $
CAA Cabela Drive from Clear Creek Bridge to SH-58 Interchange: 4-La $
C.4.5 Clear Creek Bridge: 4-Lane $
$
9,468,591
1,829,968
2,631,842
666,901
2,244,504
2,095,375
B.8 Consultants
1601 Process (FHU)
I-70j32nd Area E.A. (FHU)
MGA Communications
Project Contingency
5. Legal and Real Estate Consulting Fees
Legal - Gorsuch Kirgis
Legal - MDKR
Real Estate - Deepwater Point
Contingency
$
lOc.
Inc.
lOC.
lnc.
$
lOC.
lOc.
lOC.
lOC.
863,981
500,000
Total Sales Tax Improvements
$ 21,989,610
Dttpwaltr Point COfII/Jall)'
EXHIBIT 5
List of Public Imnrovement Fee Imnrovements
Intergovernmental Agreement
City of Wheat Ridge
Longs Peak Metropolitan District
Per Project Development Budget 24 August 2006
Revised 30 November 2006
"A. LAND COSTS $ 2,420,557 '
Cabela's Retail $ 1,345,692
Right of Way/Coors $ 325,554
Right of Way /Salter $ 194,737
Right of Way /Richter $ 350,000
Jeff co Parcel 2 ROW $ 4,574
Conoco - west -ROW $ 200,000
B. OFF-SITE DEVELOPMENT $ 17,919,884
13.41-70 & 32nd Ave.
13.4.2 32nd & Y oungfield Intersection $ 5,767,780
8.5 SH-58 Interchange at Cabela's & 44th Ave.(4 Lanes)
13.5.1 SH-58 Interchange at Cabela's and 44th Ave. $ 11,028,480
13.8 Consultants $ 1,123,624
1601 Process (FHU) mc.
1-70/32nd Area E.A. (FHU) ine.
MGA Communications me.
Project Contingency me.
e. SITE DEVELOPMENT $ 12,164,155
C.l Entitlement $ 527,963
C3 Mass Grading-Cabela's site $ 4,470,141
C.5 Utilities $ 4,972,858
C5.1 Cabela's Offsitc Public $ 1,732,176
C.5.2 Cabela's Onsite Public $ 3,240,682
C.6 Site Utilities-DWD Lowering $ 761,583
C.7 Storm Water Retcntion $ 204,738
C. 9 Clear Creek Trail Connector: Ped, Path N. of CC along $ 1,226,872
D. CABELA'S STORE SITE WORK $ 4,799,121
0.1 Cabela's Parking Lot S 3,245,220
D.2 Landscaping $ 412,889
D.3 Site Electrical $ 450,424
D.4 Cabela's Store Utilities $ 445,119
D.5 Cabela's Onsitc Private Utilities $ 245,470
E. BUILDING $ 9,500,000
1<:.1 Museum/Display Space $ 6,000,000
E.2 Public Area S 1,500,000
E.5 Special F ea tures $ 2,000,000
F. FURNITURE, FIXTURES & EQUIPMENT $ 1,105,216
1'.1 Furniture & Fixtures $ 565,341
1'.2 Security $ 132,422
1'.3 MIS/Communications S 193,540
1'.4 Signage S 101,863
1,'.5 Materialllandling $ 112,050
H. SOFT COSTS $ 349,121
Architecture/Enginecring, Reimb, Cabela's Administration
Project Management-Project One
l. FINANCE & LEGAL $ 101,863
K. ADDITIONAL CONTINGENCY $ 41,955
Total Public Improvement Fee Improvements S 48.401,874
-
PttpI'(u" PoiNI Contfkl'!1
EXHIBIT 6
ODeratine- Ae-encies
For New Public Improvements
Intergovernmental Agreement
City of Wheat Ridge
Longs Peak Metropolitan District
As of 30 November 2006
Public Roadwavs:
Cabela Drive
32nd Ave. to SH58 Ramps
ODeratine- Al!encv:
City of Wheat Ridge
40th Avenue Underpass
City of Wheat Ridge
32nd Ave. at 1-70
City of Wheat Ridge
Y oungfield - 38th to 44th
City of Wheat Ridge
New SH58th Interchange
Highway Ramps
CDOT
Eastbound 1-70 Ramps
CDOT
Westbound 1-70 Ramps
CDOT
Ward Road and 44th Ave.
CDOT, City of Wheat Ridge
Public Infrastructure:
Storm sewer mains
ODeratinl! Aeencv:
City of Wheat Ridge
Water quality ponds
Longs Peak Metropolitan District
Water main lines
Consolidated Mutual Water
Sanitary sewer lines
The district whose jurisdiction controls
EXHIBIT 7
Sales Tax and Public Improvement Fee
Comparative Analysis
(Effective January 1, 2006)
Public Regional Scientific and Football
Cultural
City Improvement County Transportation Facilities Stadium State Total
Fee District District District
Arvada (Adams County) 3.46 0.00 0.70 1.00 0.10 0.10 2.90 8.26
Arvada (Jefferson County) 3.46 0.00 0.50 1.00 0.10 0.10 2.90 8.06
Aurora (Arapahoe County) 3.75 0.00 0.25 1.00 0.10 0.10 2.90 8.10
Aurora (Adams County) 3.75 0.00 0.70 1.00 0.10 0.10 2.90 8.55
Boulder 3.41 0.00 0.65 1.00 0.10 0.10 2.90 8.16
Boulder (Food Service) 3.56 0.00 0.65 1.00 0.10 0.10 2.90 8.31
Brighton (Adams County) 3.75 0.00 0.70 1.00 0.10 0.10 2.90 8.55
Brighton (Weld County) 3.75 0.00 0.00 0.00 0.00 0.00 2.90 6.65
Broomfield City and County 4.15 0.00 NA 1.00 0.10 0.10 2.90 8.25
Broomfield Flatiron 1 4.15 0.20 NA 1.00 0.10 0.10 2.90 8.45
Castle Rock 3.60 0.00 1.00 1.00 0.10 0.10 2.90 8.70
Commerce City 3.50 0.00 0.70 1.00 0.10 0.10 2.90 8.30
Denver City and County 3.50 0.00 NA 1.00 0.10 0.10 2.90 7.60
Denver (Food and Liquor)2 4.00 0.00 NA 1.00 0.10 0.10 2.90 8.10
Douglas County (Park Meadows) 0.00 0.00 1.00 1.00 0.00 0.10 2.90 5.00
Englewood 3.50 0.00 0.25 1.00 0.10 0.10 2.90 7.85
Fort Collins 3.00 0.00 0.80 0.00 0.00 0.00 2.90 6.70
Golden 3.00 0.00 0.50 1.00 0.10 0.10 2.90 7.60
Greeley 3.46 0.00 0.00 0.00 0.00 0.00 2.90 6.36
Greenwood Village 3.00 0.00 0.25 1.00 0.10 0.10 2.90 7.35
Lakewood 3.00 0.00 0.50 1.00 0.10 0.10 2.90 7.60
Lakewood Belmar3 1.00 2.50 0.50 1.00 0.10 0.10 2.90 8.10
Lakewood Colorado Mills4 2.00 1.40 0.50 1.00 0.10 0.10 2.90 8.00
Lakewood Creekside5 2.00 1.50 0.50 1.00 0.10 0.10 2.90 8.10
Littleton (Arapahoe County) 3.00 0.00 0.25 1.00 0.10 0.10 2.90 7.35
Littleton (Douglas County) 3.00 0.00 1.00 1.00 0.10 0.10 2.90 8.10
Littleton (Jefferson County) 3.00 0.00 0.50 1.00 0.10 0.10 2.90 7.60
Lone Tree 1.50 0.00 1.00 1.00 0.10 0.10 2.90 6.60
Longmont 2.95 0.00 0.65 1.00 0.10 0.10 2.90 7.70
Louisville 3.38 0.00 0.55 1.00 0.10 0.10 2.90 8.03
Loveland 3.00 0.00 0.80 0.00 0.00 0.00 2.90 6.70
Loveland Centerra6 1.75 2.25 0.80 0.00 0.00 0.00 2.90 7.70
Northglenn (Adams) 4.00 0.00 0.70 1.00 0.10 0.10 2.90 8.80
Parker 3.00 0.00 1.00 1.00 0.10 0.10 2.90 8.10
Superior 3.46 0.00 0.65 1.00 0.10 0.10 2.90 8.21
Thornton 3.75 0.00 0.70 1.00 0.10 0.10 2.90 8.55
Westminster (Adams County) 3.85 0.00 0.70 1.00 0.10 0.10 2.90 8.65
Westminster (Jefferson County) 3.85 0.00 0.50 1.00 0.10 0.10 2.90 8.45
Wheat Ridge 3.00 0.00 0.50 1.00 0.10 0.10 2.90 7.60
Wheat Ridge Longs peak7 2.20 1.40 0.50 1.00 0.10 0.10 2.90 3.20
Average ~
1 Flatiron Improvement District
2 Sale of food and beverage for immediate consumption and liquor stores
3 Plaza Metropolitan District No.1; 2% sales tax waived
4 Elk Valley Public Improvement Corporation; 1 % sales tax waived
5 Creekside; 1 % sales tax waived
6 Centerra Public Improvement Collection Corporation; 1.25% PIF and 1.0% RSF; 1.25% sales tax waived
7 Longs Peak Metropolitan District, with a waiver of 0.8% sales tax being shown while the City shares 1.2% sales tax to pay the Shared Sales Tax Revenue
Bonds and collects 1.0% sales tax for the City. The City shall collect 2.0% and waive 1.0% of its sales tax after the Shared Sales Tax Revenue Bonds are
paid (or expire). After the Public Improvement Fee Revenue Bonds are paid (or expire), the City will collect 3.0% (or the City's then current sales tax rate)
and waive 0.0% of its sales tax.
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 61
Series of 2006
TITLE:
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
THE LONGS PEAK METROPOLITAN DISTRICT
WHEREAS, the Longs Peak Metropolitan District was organized to furnish public
infrastructure improvements, facilities and services in connection with the development of
property annexed to the City as the "Cabela's/Coors/Salter Property Annexation" under an
Annexation and Development Agreement dated December 20, 2004 among the City,
Cabela's Retail Inc., and Coors Brewing Company, and amendments thereto; and
WHEREAS, the District is authorized to exercise powers in the District's Service
Plan approved by the City on March 13, 2006 and within its legal boundaries as now or
hereafter constituted; and
WHEREAS, the City and the District have determined it to be in the best interests
of their taxpayers, residents and property owners to enter into this Intergovernmental
Agreement, which is referred to in the Service Plan as the "City IGA," to promote the
coordinated development of the Annexation property as reference in the Service Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE THAT:
1. The Mayor and City Clerk are hereby authorized and empowered to execute the
Intergovernmental Agreement on behalf of the City of Wheat Ridge.
DONE AND RESOLVED at a meeting of the City Council of the City of Wheat
Ridge, Colorado on the day of , 2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 2
ITEM NO:
~.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: December 11,2006
TITLE:
RESOLUTION 60-2006 - A RESOLUTION APPROVING AN
AMENDED AND RESTATED ANNEXATION AND DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE,
CABELA'S RETAIL INC., MICHAEL ALLARD, CHARLES BERA,
ANN MARIE COURCHENE, NEIL G. JAQUET, DONALD W.
MACDONALD AND COORS BREWING COMPANY
o PUBLIC HEARING
D BIDS/MOTIONS
[g] RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
, 2006)
Quasi-Judicial: 0
Yes
nr-~7fljj
Deputy City Manag~ if!
[g]
No
~
City Manager
EXECUTIVE SUMMARY:
City Council adopted an "Annexation and Development Agreement" on December 20, 2004 among
the City, Cabela's Retail Inc., and Coors Brewing Company. The Agreement established the
framework for the annexation and development of approximately 230 acres which will become the
Cabela's project. Importantly, it also established the amount, nature, cost and funding sources for
the public improvements that will be built as a part of the project. Resolution 34-2005 amended the
Annexation and Development Agreement to permit additional time for the filing of a Metropolitan
District Service Plan with the City.
Since its original adoption and amendment, many aspects of the Agreement have been addressed
including but not limited to:
. Annexation of the property
. Reclamation of the site and construction of water storage reservoir
. Longs Peak Metropolitan District service plan approved
. Longs Peak Metropolitan District established
. Zoning of property for commercial uses
. Official development plan for associated retail uses
. Final development plan for Cabela's store
It is imperative now to amend and restate the Annexation and Development Agreement to account
for these completed actions. Moving forward the City and the Longs Peak Metropolitan District will
need to enter into an Intergovernmental Agreement (lOA) to promote the coordinated development
of the annexed property.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Amending and restating the Annexation and Development agreement between the City of Wheat
Ridge, Cabela's Retail Inc., and Coors Brewing Company, which was originally adopted on
December 20, 2004 and amended on July 11, 2005, to account for actions that have been completed
and the adoption of an lOA with the Longs Peak Metropolitan District to promote the coordinated
development of the annexed property.
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to approve Resolution 60-2006 - A Resolution Approving the Amended and Restated
Annexation and Development Agreement between the City of Wheat Ridge, Cabela's Retail Inc.,
Michael Allard, Charles Bera, Ann Marie Courchene, Neil g. Jaquet, Donald W. MacDonald and
Coors Brewing Company."
or,
"I move to table indefinitely Resolution 60-2006 - A Resolution Approving the Amended and
Restated Annexation and Development Agreement between the City of Wheat Ridge, Cabela's
Retail Inc., Michael Allard, Charles Bera, Ann Marie Courchene, Neil g. Jaquet, Donald W.
Macdonald and Coors Brewing Company for the following reasons(s)
"
Report Prepared by: Patrick Goff, Deputy City Manager
Reviewed by:
Attachments:
1. Amended and Restated Annexation and Development Agreement
2. Resolution 60-2006
Draft 12.07.0612.07.06
AMENDED AND RESTATED
ANNEXATION AND DEVELOPMENT AGREEMENT
Among
The City of Wheat Ridge,
a Colorado municipal corporation,
Cabela' s Retail Inc.,
a Nebraska corporation,
and
Michael Allard, Charles Bera, Ann Marie Courchene, Neil G. Jaquet, and Donald W.
MacDonald, as individuals having fractional interest
and
Coors Brewing Company,
a Colorado corporation
Dated:
December
,2006
ATTACHMENT 1
Draft 12.07.0612.07.06
TABLE OF CONTENTS
Page
1. PARTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
2. RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
3. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
4. EFFECTIVE DATE AND TERM OF AGREEMENT ....................................... 5
5. DEVELOPMENT OF TIlE PROJECT..........................................................6
6. ZONING AND RELATED APPROVALS ..................................................... 8
7. RESERVED .......................................................................................... 9
8. RESERVED .......................................................................................... 9
9. BONDS................................................................................................ 9
10. ADDITIONAL INCENTIVES.................................................................... 9
11. LONGS PEAK METROPOLITAN DISTRICT............................................... 10
12. OWNERS ' ASSOCIATIONS.....................................................................1O
13. DEFAULT AND REMEDIES...................................................................1O
14. MISCELLANEOUS............................................................................... .12
15. EXHIBITS .. ..... ... ........ ....... .... ...... ....... .............. .,. .... .... .,. ...... ... ......... ...16
Draft 12.07.0612.07.06
AMENDED AND RESTATED
ANNEXATION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the _ day of December, 2006.
1. PARTIES
The parties to this Agreement are the City of Wheat Ridge, a Colorado municipal
corporation (the "City"), Cabela's Retail Inc., a Nebraska corporation ("Cabela's"),
Michael Allard, Charles Bera, Ann Marie Courchene, Neil G. Jaquet, and Donald W.
MacDonald, (by and through the previously executed Agreements to Grant Signatory
Rights; attached hereto as Exhibit A), and Coors Brewing Company, a Colorado
corporation (" Coors").
2. RECITALS
This Agreement is entered into on the basis of the following facts, understandings and
intentions of the parties:
a.
The City is a municipal corporation existing under the laws of the State of
Colorado and its home rule charter. Cabela's is a corporation, duly organized,
existing and in good standing under the laws of the State of Nebraska. Coors is
a corporation, duly organized, existing and in good standing under the laws of
the State of Colorado.
b.
Cabela's and Coors are either the owners, contract purchasers or anticipated
contract purchasers of the real property described in Exhibit B, attached hereto
and incorporated herein by reference (the "Property"), which Property is also
defined in the PCD Outline Development Plan.
c.
Coors and Cabela' s desire to annex the Property to the City and for that purpose
intend to submit (or anticipate that other necessary entities will submit) to the
City certain annexation petitions seeking simultaneous annexation of a group of
parcels that collectively constitute the Property.
d.
Cabela's desires to construct and operate an approximately 200,000 square foot
retail facility on the Property which will serve as a tourism destination center
specializing in hunting, fishing, camping and outdoor gear, along with the
construction and operation of certain other related buildings designed to attract
other retailers to the City (the "Retail Center").
The Cabela's Project will be developed as a Planned Commercial Development
under the Wheat Ridge Code of Laws.
e.
Draft 12.07.06
f. Development of the Property will necessitate public infrastructure
improvements and public services, will contribute to the economic growth of
the City, and will increase future tax revenues received by the City, and is a
development project for which economic incentives will serve a lawful public
purpose.
g. The parties contemplate that a portion of the sales tax revenues to be received
by the City from activities associated with the Property will be shared with a
special district that will be organized pursuant to this Agreement for the purpose
of assisting with the payment of costs for constructing public infrastructure
improvements and providing public services in consideration of the increased
tax revenues and other benefits that the City expects to realize as a result of the
annexation and development of the Property.
h. The parties desire to set forth in this Agreement their agreements relative to the
sharing of a portion of the City's sales tax revenue from the Property for the
purpose of funding certain public improvements.
1. The City assesses a sales tax at a rate of 3 % pursuant to the provisions of
Chapter 22 of the Wheat Ridge Code of Laws. The parties anticipate an
increase in the City's total sales tax revenues as a result of the development of
the Property pursuant to this Agreement. The parties expect that the costs of
construction of the public improvements associated with the project will be paid
for from the increase in revenues attributable to the project.
J. Under the Act, metropolitan districts have the power to finance the construction
of certain public improvements by issuing bonds.
k. A metropolitan district has been created, encompassing the Property (the
"Metropolitan District").
1. Contemporaneously herewith, the City has entered into an Intergovernmental
Agreement with the Metropolitan District (the "Metro District IGA"), which
generally addresses the following: service area, construction of public
improvements, standards and dedication for operation and maintenance, shared
sales tax and sales tax bonds, public improvement fees and public improvement
bonds, waiver of sales tax, bonds, mosquito control and transportation powers
and service plan approval conditions. The Metro District IGA shall govern and
supersede this Agreement, to the extent of conflict between the two documents.
m. This Amended and Restated Annexation and Development Agreement
supersedes and replaces that Annexation and Development Agreement among
the City, Cabela's and Coors dated December 20, 2004, as amended on
, 2005 (the "December 20, 2004 Agreement"), except as to
Section 14 of that Agreement.
2
Draft 12.07.06
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein and for other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged by the City, Cabela's Michael Allard, Charles Bera, Ann
Marie Courchene, Neil G. Jaquet, Donald W. MacDonald, and Coors, the parties agree as
follows:
3. DEFINITIONS
As used in this Agreement, unless specifically stated otherwise, the words and phrases
used shall have the meaning as defined in the Wheat Ridge Code of Laws. For the
purpose of this Agreement the following words and phrases shall have the definitions
provided for below:
a. "Act" is defined as such term is set forth in the Metro District IGA.
b. "Agreement" means this Annexation and Development Agreement.
c. "Annexors" means Cabela's, Michael Allard, Charles Bera, Ann Marie
Courchene, Neil G. Jaquet, Donald W. MacDonald and Coors; provided,
however, it shall also include any other party that subsequently submits an
annexation petition to the City for purposes of annexing any portion of the
Property.
d. "Bonds" is defined as such term is set forth in the Metro District IGA.
e. "Cabela's" is defined as such term is set forth in the Metro District IGA.
f. "Cabela's Project" is defined as such term is set forth in the Metro District
IGA.
g. "Cabela's Store" is defined as such term is set forth in the Metro District IGA.
h. "City" means the City of Wheat Ridge, Colorado, a home rule municipal
corporation.
1. "Coors" is defined as such term is set forth in the Metro District IGA.
j. "Council" means the City Council of the City as that body may be constituted
from time to time.
k. "County" means Jefferson County, Colorado, a county established under the
provisions of Colorado law.
1. "Final Development Plan" means a Final Development Plan, as described in
Section 26-308.D of the Wheat Ridge Code of Laws and recorded at Reception
Number 2006116328 on the 25th day of September, 2005.
3
Draft 12.07.06
m. "Final Plat" means a final subdivision plat which has been approved by the City
as part of the subdivision process for the Property, pursuant to the provisions of the
Wheat Ridge Code of Laws, Section 26-401 et seq. and recorded at Reception Number
200609915 on the 15th day of August, 2006.
n. "Force Majeure" means and shall be limited to an event which is beyond the
reasonable control of Annexors or the City and which causes a delay or failure to
perform obligations hereunder, including, without limitation, acts of God, earthquake,
fire, explosion, war, civil insurrection, acts of the public enemy, acts of civil or
military authority, sabotage, terrorism, floods, lightning, hurricanes, tornadoes, severe
snow storms, major equipment failure, utility disruption, failure of a major supplier to
perform its obligation to an Annexor not arising out of or involving a failure toward
such supplier by an Annexor, strikes, lockouts or other labor disputes with respect to
which an Annexor has not been determined by the National Labor Relations Board to
have engaged in any unfair labor practices, or change in law or the interpretation
thereof by responsible authority which shall prohibit any change in the operation of the
Cabela's Project or materially increase the costs of the foregoing beyond those
foreseeable on the date hereof, so long as, in any such case (i) such events are beyond
the reasonable control of, and should not in the exercise of reasonable caution have
been foreseen and avoided or mitigated by the subject Annexor or the City, as
applicable, and (ii) the subject Annexor or the City, as applicable, is using its best
reasonable efforts to remedy the effects thereof.
o. "Metropolitan District" means the Longs Peak Metropolitan District which has
been established in accordance with Title 32, C.R.S.
p. "PCD" means the Planned Commercial District as defined in the Wheat Ridge
Code of Laws.
q. "PCD Outline Development Plan" means Cabela's Planned Commercial District
Outline Development Plan, recorded at Reception Number 2005050459 on the 18th day
of August, 2005 and amended at Reception Number 2006116327 on the 25th day of
September, 2006, as defined in the City's Planned Development Regulations, and the
accompanying exhibits.
r. "Planned Development Regulations" shall mean Sections 26-301, et sea. of the
Wheat Ridge Code of Laws, as well as all other sections of the Wheat Ridge Code of
Laws referred to therein.
s. "Public Improvements," IS defined as such term is set forth III the Metro
District IGA.
t. "Public Improvement Fee" is defined as such term is set forth in the Metro
District IGA.
4
Draft 12.07.06
u. "Public Infrastructure" is defined as such term is set forth in the Metro District
IGA.
v. "Public Roadway Improvements" is defined as such term is set forth in the
Metro District IGA.
w. "Retail Center" has the meaning ascribed to it in Section 2.d.x. "Shared Sales
Tax" is defined as such term is set forth in the Metro District IGA.
y. "Subdivision Regulations" means those regulations adopted by the City pursuant
to C.R.S. Section 31-23-201, et se~, and now contained in Chapter 26, Article 4 of
the Wheat Ridge Code of Laws, as the same may be amended from time to time by
ordinance of general applicability throughout the City.
z. "Training Grant" means any federal or state employee training grant for the training
of non-point-of-sale employees who will work in the Cabela's Store.
aa. "Trustee" is defined as such term is set forth in the Metro District IGA.
bb. "Wheat Ridge Code of Laws" means the municipal code and ordinances of the City
of Wheat Ridge, Colorado as adopted and as amended from time to time by the
Council.
4. EFFECTIVE DATE AND TERM OF AGREEMENT
This Agreement shall be effective upon execution by the Parties. The term of this
Agreement shall be forty-five (45) years from the date of this Agreement, unless earlier
terminated as provided herein. After the expiration of the term or earlier termination,
this Agreement shall be deemed terminated and of no further force and effect;
provided, however, such termination shall not affect:
a. Annexation of the Property into the City;
b. Any right arising from City permits, approvals or other entitlements for the Property
which were granted or approved prior to, concurrently with, or subsequent to the
approval of this Agreement and that were contemplated to continue after termination of
this Agreement;
c. Except as otherwise set forth in this Agreement, construction, maintenance and
repair of Public Improvements;
d. Repayment of the Bonds; or
e. Any continuing rights to share in the Public Improvement Fee.
Despite such expiration and notwithstanding any provision of ~he Wheat Ridg~ Co~e of
Laws to the contrary, the zoning of the Property shall remam the same as It eXIsted
5
Draft 12.07.06
under the PCD Outline Development Plan, except no further permits or approvals,
including but not limited to Final Development Plans, Final Plats or building permit
approvals, shall be granted by the City until the City has approved a new or amended
Development Agreement which may include an amended Outline Development Plan for
the Property or a portion thereof and the necessary subdivision improvements
agreements have been executed and security has been provided.
5. DEVELOPMENT OF THE PROJECT
a. Develooment of Cabela's Project. Cabela's or its assigns acquired or intends
to acquire:
(i) approximately eighty (80) acres of real estate in unincorporated Jefferson
County, Colorado from Coors;
(ii) approximately thirty-six (36) acres of real estate in unincorporated Jefferson
County, Colorado from the County;
(iii) approximately two (2) acres of real estate in the City of Wheat Ridge,
Colorado from Dwaine R. Richter and/or 70 WBC, LLC; and
(iv) approximately seven (7) acres of real estate in unincorporated Jefferson
County, Colorado from William J. Salter, J r., Beverly J. Salter and Melvin J. Salter,
all for Cabela's development of the Cabela's Store and the Retail Center which shall be
located within the Property.
Cabela's will acquire, construct, furnish and equip the Cabela's Store;
provided, however, Annexors' obligations under this Section shall be:
(i) contingent upon Cabela' s or its assigns entering into a binding real estate
agreement with each of Coors and Salter to purchase the property described above;
(ii) contingent upon the fulfillment of the other terms of this Agreement by the
other parties hereto; and
(iii) subject to delay, but not cancellation, to the extent such delay is caused by
Force Majeure.
Cabela's expects that it or its assigns will sell a portion or portions of the
remaining land owned or to be owned by Cabela's that is located in the boundaries of
the Property to complementary retail and commercial ventures such as restaurants, a
hotel and water park and/or in-line retail stores with a variety of retail tenants.
Similarly, subject to compliance with the City's Subdivision Regulations, Coors may
sell all or portions of its property in connection with further development of those
parcels described in Section S.c. The City's obligations under this Agreement are
contingent upon the disclosure by Cabela' s and Coors of purchase and sale agreements
6
Draft 12.07.06
and any development agreements related to the Property entered into by Cabela' s,
Coors, their affiliates or subsidiaries, as those agreements affect the rights and
obligations of the City herein. The City hereby acknowledges that, as requested by
Cabela's and Coors, all such information shall be subject to the confidentiality
provisions of C.R.S. ~ 24-72-204(3)(a)(IV) to the full extent permitted by law.
b. Completion of Cabela's Store. Cabela's shall open the Cabela's Store on or
before June 30, 2008; provided, however, said completion date is subject to
delays caused by Force Majeure or the failure of the City to fulfill its
obligations as contemplated in this Agreement.
c. Phases. The parties acknowledge that the Property will probably be developed
in multiple phases which can generally be described as follows:
(i) the Cabela's Store;
(ii) the Retail Center; and
(iii) all or part of the Coors property.
The City agrees such phased development is appropriate under the applicable
terms of this Agreement and the PCD Outline Development Plan.
d. Reserved.
e. After the expiration or termination of this Agreement, the zoning of all parts of
the Property shall continue and remain in effect as provided in the PCD Outline
Development Plan unless and until rezoned by the owner or the City as
provided for in Chapter 26 of the Wheat Ridge Code of Laws subject to Section
4.a.
f. Creation of Jobs: Job Training Opportunities. Cabela's agrees that, upon
opening the Cabela's Store, it shall employ at least 320 full-time equivalent
employees in the Cabela' s Store at wage levels and benefits consistent with area
wage levels and benefits for appropriate skills (plus benefits for full-time
employees consistent with industry standards). For purposes of this Section, a
"full-time equivalent employee" shall mean either:
(i) one (1) individual who works for a period of not less than forty (40) hours
per week; or
(ii) two (2) or more individuals who work for a period of not less than forty
(40) hours per week in the aggregate.
In addition to Force Majeure, Cabela's obligations under this Section shall be
subject to availability of qualified employees.
7
Draft 12.07.06
6. ZONING AND RELATED APPROVALS
a. Proiect Plan Aooroval: Zoninl!: Suitabilitv. The City shall use reasonable
efforts consistent with applicable law to support and approve the Cabela's
Project and the creation of the Metropolitan District as contemplated by this
Agreement and the further development of the Coors property by Coors or its
successors and assigns in a manner consistent with the overall development plan
contemplated by the PCD Outline Development Plan and execute and deliver all
necessary documents or instruments contemplated by or related to this
Agreement. Annexors acknowledge that they shall make their own independent
investigation as to the suitability of the Property for purposes of developing the
Cabela's Project and any future projects to be developed on the Coors property,
and further acknowledge that they have not relied upon any representations or
warranties by the City with regard to such suitability. In the event that Cabela's
determines that the Property is not suitable for development of the Cabela's
Store for any reason (including, but not limited to, title issues, environmental
conditions, soil conditions, access to utilities, planning or zoning), then
Cabela's may, in its sole and absolute discretion, terminate this Agreement
without penalty and without further obligation of either Annexor to the City
hereto. Such termination must take place, if at all, prior to the date of final
public hearing on an ordinance annexing all or part of the Property.
b. Permitted Uses. The land uses for the Property shall be only as specified in the
approved PCD Outline Development Plan. No different or additional uses shall
be permitted, unless approved by the City's Director of Community
Development as provided in the Wheat Ridge Code of Laws or through an
amendment to the PCD Outline Development Plan or Final Development Plan
pursuant to the provisions of the Wheat Ridge Code of Laws in effect at the
time of such amendment.
c. Restrictive Covenants. Cabela's will cooperate with the owners of other
properties within the Property to prepare and record covenants and restrictions
reasonably acceptable to the City to govern development within the Property
("Covenants"). The Covenants shall be in a form substantially similar to those
attached hereto as Exhibit C. The Covenants shall include, but not be limited
to, a restriction against any other retailers in the Retail Center who specialize in
selling hunting, fishing, camping, and outdoor gear.
d. Ooen Soace and Trails. Open space and trails shall be provided as set forth in
the PCD Outline Development Plan. Certain trails currently located in the
vicinity of property owned by Coors may be relocated to accommodate
development of the Property. No area that has been designated as open space
or trails shall subsequently be subdivided. No open space or trail requirement
will be imposed on any particular Coors property except with respect to a Final
Development Plan approved for that Coors property. The prohibition against
8
Draft 12.07.06
subsequent subdivision of open space or trails shall appear on the face of any
Final Plat that contains open space or trails and shall be indicated as a covenant
running with such land.
e. Review Process. The City agrees, within the constraints imposed by its Code
of Laws, to review, execute and deliver all necessary documents or instruments
contemplated by or related to this Agreement, including documents necessary
for rights of way or easements for the Public Roadway Improvements.
7. RESERVED
8. RESERVED
9. BONDS
a. Issuance and Purchase of the Bonds. The issuance and purchase of the Bonds
shall be as set forth in the Metro District IGA. Cabela's or its assigns will initially
purchase and hold the Bonds for its/their own account, but it/they may later sell the
Bonds in accordance with any restrictions set forth in a Bond Indenture between the
Metropolitan District and the Trustee for the Bonds. No interest reserve or capital
reserve shall be required of or charged to the initial sales of the Bonds.
b. The City will reasonably cooperate with the Metropolitan District in adopting
and approving the necessary proceedings to enable the Metropolitan District to deliver
the Bonds and thereby facilitate the Metropolitan District's construction of the Public
Improvements.
10. ADDITIONAL INCENTIVES
a. Tax Credits and Grants. In addition to the Shared Sales Tax and the other
incentives described herein, the City and Cabela's shall work with each other to
determine whether the Cabela's Project qualifies for:
(i) any other tax credits or tax incentives; or
(ii) any grants.
b. Training Grants. The City will aid Cabela's in applying and/or qualifying for
federal or state employee Training Grants up to the maximum amount allowed by law.
These Training Grants will be available for employees hired in connection with the
Cabela's Store and intercompany training expenses shall be eligible for said grants.
c. Advertising and Marketing Grants. The City shall cooperate with Cabela's to
assist in acquiring any advertising or marketing grants which might be available in the
State of Colorado to promote the Cabela' s Project.
9
Draft 12.07.06
d. Taxidermv. The City shall use reasonable efforts to identify any taxidermy or
owners of taxidermy and provide that information to Cabela' s to seek donation of such
taxidermy to Cabela's at no charge for permanent display in the Cabela's Store;
provided, however, Cabela's acceptance of any such taxidermy shall be based upon its
customary standards for the type of taxidermy displayed in a typical Cabela's retail
facility. Any taxidermy accepted by Cabela's and displayed in the Cabela's Store shall
be properly marked with plaques or other appropriate markers to give credit to the
donor.
e. Coors Matters. Similar to the provisions described above which may benefit
Cabela's, the City and Coors shall cooperatively work with each other to determine
whether any development from time to time undertaken by Coors on any of the Coors
property will qualify for any tax credits, tax incentives, grants, Training Grants and/or
advertising or marketing grants as described above.
11. LONGS PEAK METROPOLITAN DISTRICT
The City has approved the Service Plan for the Longs Peak Metropolitan District.
12. OWNERS' ASSOCIATIONS
The Annexors reserve the right to impose covenants upon any portion of the Property
and to form one or more owners' associations for all or any portions of the Property
which shall assume responsibilities for collecting funds to pay common expenses, to
repair and maintain common areas and to enforce restrictive covenants. All such
covenants and declarations must be approved by the Metropolitan District and a copy
must be provided to the City.
13. DEFAULT AND REMEDIES
a. Annexors' Default. If the City alleges that the Annexors or either of them is in
default under this Agreement and such Annexor does not cure that default within thirty
(30) days following written notice from the City, the City shall be entitled to the
following remedies which shall be cumulative:
(i) injunctive relief;
(ii) specific performance;
(iii) withholding action on any pending applications or approvals, including but not
limited to Final Development Plans, subdivision applications, building permits or
certificates of occupancy, to the extent such applications and approvals relate to
Cabela's alleged default; and
10
Draft 12.07.06
(iv) any other remedies permitted under the Subdivision Regulations, the Planned
Development Regulation, the Wheat Ridge Code of Laws, or otherwise available at law
or in equity, other than damages.
The City shall extend the cure period if the nature of the default is such that it cannot
reasonably be remedied within thirty (30) days, provided the Annexor commences the
corrective action within thirty (30) days and diligently pursues such correction
thereafter. If the Annexor default arises from the failure to grant any right of way,
easement, or other similar property right as required by this Agreement or the PCD
Outline Development Plan, then the Annexor agrees that the City may condemn the
subject land (provided that such land is a part of the Property itself) to acquire such
property rights pursuant to C.R.S. Section 38-6-102. The Annexors agree that in any
such condemnation proceeding, the fair and actual cash market value of all such
property rights are subject to an irrevocable obligation to grant or dedicate it to the
City pursuant to this Agreement, and Annexors are estopped from asserting otherwise.
Annexors agree that it would have granted or dedicated such property upon execution
of this Agreement without compensation. Annexors agree that all dedication and grants
of rights of way, easements and park lands are necessary for public health, safety and
welfare and that the requirements to make such grants or dedications is accomplished
pursuant to the City's police and regulatory powers. It is expressly agreed and
understood that the foregoing provisions do not apply to or affect any property other
than the Property itself, and do not apply to or affect any other property whether or not
contiguous to the Property, including any other property owned by Coors.
Notwithstanding anything expressed or implied herein to the contrary, Coors shall be
under no obligation whatsoever to (i) annex into the City any property other than the
Property as provided herein or (ii) dedicate, encumber, or otherwise contribute any
property or interest in property (whether such interest relates to the Property) to any
person or entity for any purpose other than as provided herein.
b. Citv Default. If Annexors allege the City is in default under this Agreement
and the City does not cure that default within thirty (30) days following written notice
from either Annexor, Annexors will be entitled to the following remedies which shall
be cumulative:
(i) injunctive relief;
(ii) specific performance;
(iii) stopping construction of the Cabela's Store or any Public Improvements
contemplated in this Agreement; and
(iv) any other remedies available at law or in equity, except damages.
Any remedies available to Annexors shall be limited by the then existing governmental
immunity act. Annexors shall extend the cure period if the nature of the default is such
that it cannot reasonably be remedied within thirty (30) days, provided the City
11
Draft 12.07.06
commences corrective action within thirty (30) days and diligently pursues such
correction thereafter.
c. No Damages. No party shall be entitled to claim or receive any form of
damages upon default or otherwise, including without limitation, economic,
consequential, contingent, punitive damages, lost profits or attorneys' or experts' fees
or court costs.
14. MISCELLANEOUS
a. As set forth in Section 14 of the December 20, 2004 Agreement.
b. Time of the Essence. Time is of the essence with respect to the performance of
each party's obligations hereunder, subject to events of Force Majeure.
c. No ReDeal of Code of Laws. Nothing contained in this Agreement shall
constitute or be interpreted as a repeal of any provision of the existing City Code or as
a waiver of the City's legislative, executive, administrative, judicial, governmental or
police powers to promote and protect the health, safety, or general welfare of the City
or its inhabitants. Except as expressly provided herein and in the PCD Outline
Development Plan, this Agreement does not supplant the City's land use regulations
and other ordinances and regulations as they relate to the Property and shall not be
construed to limit the authority of the City to adopt different ordinances, resolutions,
regulations, rules, policies or codes so long as they apply throughout the City
uniformly or to classes of individuals or properties uniformly. In the event of an
inconsistency between the Wheat Ridge Code of Laws and the more specific provisions
that have been negotiated in connection with this Agreement, the provisions of this
Agreement shall govern.
d. Referendum. In the event that the ordinances to be considered by the City
relative to the annexation and zoning of the Property become the subject of a citizen
petitioned referendum, the ordinances subject to such referendum and this Agreement
shall be suspended pending the outcome of the referendum. If the result of the
referendum election is to reject such annexation or zoning, all of the provisions
contained herein shall be null and void and of no effect, and such rejection shall be
deemed a "failure to serve" pursuant to C.R.S. Section 31-12-119, but shall not be
deemed to be a default by the City under Section 13. b and remedies provided therein
shall not be available. Conversely, if the result of such referendum election is to
affirm such annexation and zoning, the Property shall be deemed finally annexed and
zoned, whereupon this Agreement shall remain effective and the parties shall be bound
by all of the terms and conditions contained herein as of the date of this Agreement. In
the event of such referendum, the parties agree to cooperate in the defense of the
annexation and zoning of the Property unless either party determines in its sole
discretion not to defend a referendum or other challenge to the annexation and zoning
of the Property. To the extent Annexors and the City agree to defend and participate in
such a referendum, the parties shall share equally in all costs and attorneys' fees in
12
Draft 12.07.06
defending and participating in such referendum, including but not limited to the costs
of the referendum election.
e. Successors and Assi2ns. This Agreement shall be binding upon and inure to the
benefit of the heirs, successors and assigns of the parties hereto.
f. Entire A2reement. This Agreement embodies the whole agreement of the
parties on the subjects contained herein. This Agreement shall supersede all previous
communications, representations, or agreements either verbal or written between the
parties hereto. The parties agree that the ordinances approving annexation of the
Property and adoption of the PCD Outline and Final Development Plans may contain
additional matters pertinent to the integration of the Property into the City and
development of the Property. Therefore, this Agreement must be interpreted and
applied in a manner consistent with such ordinances; provided, however, any such
additional matters do not create financial obligations on the Metropolitan District, the
Annexors or the Property inconsistent with the terms set forth herein without the prior
written consent of the parties so impacted. Any property designated for future
commercial, retail, office, warehouse and/or recreational uses shall comply with the
then-existing requirements for Final Development Plan approval.
g. Assi2nment. Cabela' s or Coors may assign their respective rights and duties
hereunder in whole or in part to others who become fee title holders or ground lessees
of the Property or any portion thereof with the City's written permission, which
permission will not be unreasonably withheld, provided, however, that either Cabela's
or Coors may assign any or all of their respective rights and interests hereunder to one
or more of their respective affiliates to perform their respective obligations hereunder
(in any or all of which cases Cabela's or Coors, as the case may be, nonetheless shall
remain responsible for the performance of all of its obligations hereunder). No
assignment shall release the Property from any restrictions imposed upon the Property
by this Agreement, unless a specific release has been given by the City in writing. The
City may, but shall not be obligated to release the seller or ground lessor in such
transactions; however, any such release must be executed in writing by the City and
recorded with the Jefferson County Clerk and Recorder in order to effective.
h. Notice. Any notice required or permitted under this Agreement will be deemed
to be received when delivered personally in writing or five (5) days after notice has
been deposited with the U.S. Postal Service, postage prepaid, certified and return
receipt requested, and addressed as follows:
To Cabela's:
Attn: Kevin Rhodes
Cabela's Retail, Inc.
One Cabela Drive
Sidney, NE 69160
with a copy to:
13
Draft 12.07.06
Attn: Kent Kelsey
Cabela's Retail, Inc.
One Cabela Drive
Sidney, NE 69160
and with a copy to:
Attn: Tom Ackley
Koley Jessen P.e.
One Pacific Place, Suite 800
1125 South 103 Street
Omaha, NE 68124
To Coors:
Attn: Neil Jaquet
Coors Brewing Company
311 10th Street
Post Office Box 4030
Mail Stop CC370
Golden, CO 80401
with a copy to:
Attn: Samuel Walker
Coors Brewing Company
311 10th Street
Golden, CO 80401
and with a copy to:
Attn: Jim Serven
Moye Giles LLP
1400 16th Street #600
Denver, CO 80202
To City:
City Manager City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
With a copy to:
City Attorney
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Any party may change the address to which notice is to be sent by providing
notice in the manner set forth in this Section.
14
Draft 12.07.06
i. Coooerative Drafting. This Agreement is the product of a cooperative drafting
effort by the City, Coors and Cabela' s and shall not be construed or interpreted against
any party solely on the basis that one party or its attorney drafted this Agreement or
any portion of it.
j. Severabilitv. If any provision of this Agreement is held to be in conflict with
any applicable statute or rule of law or is otherwise held to be unenforceable for any
reason whatsoever, such circumstances shall not have the effect of rendering the
provision in question inoperative or unenforceable in any other case or circumstance,
or of rendering any other provision or provisions herein contained invalid, inoperative
or unenforceable to any extent whatsoever. The invalidity of any portion of this
Agreement shall not affect any or all of the remaining portions of this Agreement.
k. Comoliance with Article X. Sec. 20 of Colorado Constitution: If any provision
hereof is declared void or unenforceable due to a purported violation of Article X,
Section 20 of the Colorado Constitution, the City shall take all such action as may be
necessary to cure such violation, including, but not limited to, seeking voter approvals,
either in advance of, or following the purported violation, as may be allowed by law.
No multi-year fiscal obligation is created hereby. The obligations of the City herein
are subject to annual appropriation of funds for the purposes set forth in this
Agreement.
1. Amendment. This Agreement cannot be modified or revoked except by an
instrument in writing signed by the City, Coors and Cabela' s or the then owner of the
Property or any portion thereof if there has been an assignment as it relates to the
specific Property.
m. Third Partv Beneficiaries. Nothing expressed or implied in this Agreement is
intended or shall be construed to confer upon, or to give to, any legal person other than
the parties, any right, remedy, or claim under or by reason of this Agreement or any
covenants, terms, conditions, or provisions thereof, and all of the covenants, terms,
conditions, and provisions in this Agreement by and on behalf of the parties shall be
for the sole and exclusive benefit of the parties; provided, however, after the
Metropolitan District described in this Agreement is formed, it shall be deemed to be a
third party beneficiary with the right to enforce the provisions of this Agreement which
are applicable to it. Nothing in this Agreement is intended to interfere with any
agreements of the parties with third parties.
n. Caotions. The captions or headings in this Agreement are for convenience only
and in no way define, limit or describe the scope or intent of any provisions of this
Agreement.
o. Counteroarts. This Agreement may be executed in two or more counterparts,
each of which shall be an original and all of which shall constitute but one and the
same instrument. The parties may execute this Agreement and all other agreements,
certificates, instruments and other documents contemplated by this Agreement and
15
Draft 12.07.06
exchange the counterparts of such documents by means of facsimile transmission and
the parties agree that the receipt of such executed counterparts shall be binding on such
parties and shall be construed as originals. Thereafter, the parties shall promptly
exchange original versions of this Agreement and all other agreements, certificates,
instruments and other documents contemplated by this Agreement that were executed
and exchanged by facsimile transmission.
p. Governing Law. This Agreement shall be construed under the laws of the State
of Colorado. Jurisdiction and venue shall be proper and exclusive in the District Court
for Jefferson County, Colorado.
q. Execution bv Cabela's. Michael Allard. Charles Bera. Ann Marie Courchene. Neil
G. Jaquet. Donald W. MacDonald. and Coors. The execution by Cabela's, Michael
Allard, Charles Bera, Ann Marie Courchene, Neil G. Jaquet, Donald W. MacDonald, and
Coors shall not affect their respective rights, duties, obligations, and remedies under any
other contract or agreement entered into between such parties, each of which contracts and
agreements shall be governed exclusively by the terms, covenants, and conditions thereof.
15. EXHIBITS. This Agreement includes the following Exhibits, attached hereto
and fully incorporated herein by this reference:
EXHIBIT A:
Agreements to Grant Signatory Rights
EXHIBIT B:
The Property
EXHIBIT C:
Retail Center Restrictive Covenants
[The remainder of this page intentionally left blank.]
16
Draft 12.07.06
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
effective as of the date first set forth above.
ATTEST:
CITY OF WHEAT RIDGE
By:
Office of the City Clerk
Jerry DiTullio
Mayor
Ar r fiOVED AS TO FORM:
Gerald E. Dahl
City Attorney
COORS
CABELA'S
By:
Name:
By:
Name
Title:
MICHAEL ALLARD
Title:
By:
Mark Nienhueser, Attorney-in-fact, Cabela's Retail Inc.
CHARLES BERA
By:
Mark Nienhueser, Attorney-in-fact, Cabela's Retail Inc.
ANN MARIE COURCHENE
By:
Mark Nienhueser, Attorney-in-fact, Cabela's Retail Inc.
NEIL G. JAQUET
By:
Attorney-in-fact, Coors Brewing Company
17
Draft 12.07.06
DONALD W. MACDONALD
By:
Attorney-in-fact, Coors Brewing Company
ST ATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON)
The foregoing instrument was acknowledged before me by Jerry DiTullio as Mayor,
and by as the Office of the City Clerk of the City of Wheat Ridge, this day of
,2006.
Witness my hand and official seal.
My commission expires:
Notary Public
[SEAL]
STATE OF NEBRASKA )
) ss.
COUNTY OF CHEYENNE )
The foregoing instrument was acknowledged before me by
of Cabela's Retail, Inc., this day of
as
,2006.
Witness my hand and official seal.
My commission expires:
Notary Public
[SEAL]
18
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me by
, of Coors Brewing Company, this day of
2006.
Witness my hand and official seal.
My commission expires:
Notary Public
[SEAL]
19
Draft 12.07.06
as
EXHIBIT A
[AGREEMENTS TO GRANT SIGNATORY RIGHTS]
ATTACHED UPON COMPLETION OF SIGNATURES
20
Draft 12.07.06
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NOIUUS DESIGN
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'10111ANMOCKSTREET
DfHVER, t:a.0IV00 802llol
PHONE: l3(3)U2-1181
FAX:(303)8ll2-11116
CONTACT: w.RK KIEFFER. AlCP
PREPARED FOR
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Draft 12.07.0612.07.06
EXHIBIT C
Retail Center Restrictive Covenants
Draft 12.07.0612.07.06
DECLARA TION OF
COVENANTS AND RESTRICTIONS
THIS DECLARATION is made this day of , 200_, by Cabela's
Retail, Inc., a Nebraska corporation ("Cabela's") and Coors Brewing Company, a Colorado
corporation ("Coors") (Cabela's and Coors are sometimes individually referred to herein as a
"Developer" and collectively, as the "Developers").
WIT N E SSE T H:
WHEREAS, Cabela's is the owner of the real property located in Jefferson County,
Colorado, and legally described on Exhibit "A" attached hereto (hereinafter the "Cabela's
Property"); and
WHEREAS, Coors is the owner of the real property located in Jefferson County,
Colorado and legally described on Exhibit "B" attached hereto (hereinafter the "Coors Property")
(collectively, the Cabela's Property and Coors Property is sometimes referred to as the
"Property"); and
WHEREAS, in order to establish a general plan for the improvement and development of
the Property, Developers desire to subject the Property to certain conditions, covenants and
restrictions, upon and subject to which all of the Property shall be held, improved and conveyed.
NOW, THEREFORE, Developers hereby make the following declaration:
ARTICLE 1
DEFINITIONS
1.1 Owner. The term "Owner" shall mean any individual, partnership, joint venture,
corporation, trust, unincorporated association, governmental agency or other
business entity now or hereafter holding of record an ownership interest in fee in
a portion or all of a Lot.
1.2 Lot. The term "Lot" shall mean or refer to any platted or unplatted parcel of real
estate located within the boundaries of the Property other than areas used or
dedicated for public improvements.
ARTICLE 2
PROTECTIVE COVENANTS, RESTRICTIONS AND CONDITIONS
2.1 Duration and Termination. Subject to the terms of Section 6.2, all of the Lots
shall be held, sold and conveyed subject to the following restrictions, covenants
and conditions, which are for the purpose of protecting the desirability and value
of, and which shall run with, the Lots and be binding upon and inure to the benefit
of all parties having any right, title or interest in the Lots or any part thereof, the.ir
successors, and assigns for a period of twenty (20) years after the date o! thiS
Declaration (the "Initial Term"), after which time they shall be automatically
Draft 12.07.06
extended for successive periods of five (5) years (each, an "Extended Term"),
unless an instrument terminating this Declaration properly executed by the
Owners of 70% of the total area within the Property is duly recorded in the office
where this Declaration is recorded within one year of the end of the Initial Term
or any Extended Term, in which case this Declaration shall terminate effective as
of the end of the Initial Term or such Extended Term as applicable. Without
limiting the generality of the foregoing, each and all of the restrictions, covenants
and conditions contained in this Declaration (whether affirmative or negative in
nature): (a) are made for the direct, mutual and reciprocal benefit of each Lot; (b)
will create mutual equitable servitudes upon each Lot; (c) will bind every party
having any fee, leasehold, mortgage or other interest in any portion of each Lot
at any time or from time to time to the extent that such portion is affected or
bound by the restriction, covenant or condition; and (d) will inure to the benefit of
Owners and their respective successors and assigns as to the respective Lots
and to the benefit of mortgagees under mortgages covering said Lots and
beneficiaries and trustees under trust deeds covering said Lots.
2.2 Default: Enforcement. Owners of the Lots shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, covenants and conditions now
imposed by the provisions of this Declaration. No breach of this Declaration by
either Developer or any Owner will entitle any Owner to cancel, rescind or
otherwise terminate this Declaration. In such action brought to enforce the terms
of this Declaration, the unsuccessful party in any action shall indemnify the
prevailing party for all reasonable attorney's fees and other reasonable costs and
expenses incurred by the prevailing party in connection with such proceedings.
2.3 Notice of Compliance. Upon request of the Owner of a Lot in connection with
proposed financing or sale of such Lot, the Developer that initially owned said Lot
on the date of this Declaration will provide to such Owner written notice, in
recordable form, indicating the status of Owner's compliance with this
Declaration as of the date of such notice.
ARTICLE 3
USE RESTRICTIONS
3.1 General Restrictions. No use shall be permitted on any of the Lots which is
inconsistent with the development and operation of a first-class real estate
development. Without limiting the generality of the foregoing, the following uses
shall not be permitted:
a. Any use which emits an obnoxious odor (exclusive of cooking odors in
connection with the permitted use of the Lot), noise or sound which can
be heard or smelled outside of any building constructed on any of the
Lots;
b. Any operation primarily used as a storage warehouse operation and any
assembling, manufacturing, distilling, refining, smelting, agricultural or
mining operation;
c. Any "second hand" store or "surplus" store;
2
d.
e.
f.
g.
Draft 12.07.06
Any mobile home park, trailer court, labor camp, junkyard or stockyard
(except that this provision shall not prohibit a recreational vehicle resort
area or the temporary use of construction trailers during periods of
construction, reconstruction or maintenance);
Any dumping, disposing, incineration or reduction of garbage;
Any fire sale, bankruptcy sale or auction house operation;
Any dry cleaning plant or laundromat utilized in connection with a
commercial cleaning business;
h.
Any signs promoting or relating to any business, store, restaurant, hotel
or other retail establishment not located on the Property;
I.
Any automobile, motorcycle, truck, trailer or mobile home body shop or
repair operation, except those body shop and repair operations owned
and operated by a licensed motor vehicle dealer and operated on the site
of the dealer's principal place of business;
J.
k.
Any bowling alley;
Any animal raising facility;
I.
Any mortuary or funeral home;
m.
Any establishment selling or exhibiting illegal drug related paraphernalia;
n.
Any bar, tavern, or other establishment serving alcoholic beverages other
than: (i) one holding a valid hotel and restaurant license as described in
Section 12-47-411, C. R. S., provided, that if such establishment utilizes a
theme that incorporates the name or logo of a particular brewery or
otherwise conducts its alcoholic beverage operations to promote the
products of a particular brewery in preference to the products of all or
substantially all other breweries, such establishment shall be prohibited
hereunder unless such theme and primary products are those of Coors
and such establishment is operated by or under a license from Coors; or
(ii) one holding a brew pub license as described in Section 12-47-415,
C.R.S., provided that such establishment is operated by or under a
license from Coors;
o.
Any sexually-oriented businesses such as, but not limited to, x-rated
movie or video sales, theater or rental facilities, nude modeling studios,
massage parlors, lounges or clubs featuring nude or semi-nude
entertainers or escort services;
p.
Any prisons, jails or other detention or correctional facilities;
Any flea market, pool or billiard hall or dance h~lI; provided, ho~ever,
such activities shall be permitted if the same are incidental to a pnmary
use which is not otherwise prohibited hereby;
q.
Draft 12.07.06
r. Any training or educational facility, including but not limited to, beauty
schools, barber colleges, reading rooms, places of instruction or other
operations catering primarily to students or trainees rather than to
customers; provided, however, this prohibition shall not be applicable to
on-site employee training or to conference/convention facilities;
s. Any gambling facility or operation; or
t. Any retail establishment which devotes more than 10% of its retail selling
space (but in no event more than 5,000 square feet of retail selling
space), or utilizes any temporary kiosk or tent sale, for the purpose of
selling anyone or any combination of the following product categories:
(x) hunting products including, but not limited to, such items as firearms,
handguns, ammunition, optics, hunting apparel, hunting footwear, A TV
and SUV accessories, and hunting accessories; (y) fishing products
including, but not limited to, such items as rods, reels, waders, fishing
lures, fishing footwear, marine products, boats, boat motors, fishing
electronics, and fishing accessories; and (z) camping products including,
but not limited to, such items as tents, sleeping bags, camping cookware,
hiking footwear (but excluding from this prohibition any shoe store, or
other retail establishment having a shoe department, selling multiple lines
of general purpose footwear that may include hiking footwear), and
related camping accessories. Provided, however, that the Owner of the
Lot legally described on Exhibit "C" attached hereto may operate a
Cabela's retail store thereon, may assign the right to use said Lot for
selling hunting, fishing, camping or other outdoor equipment, and may
grant a variance to this restriction to other Owners of other Lots in its sole
discretion. Provided further, however, that any non-profit organization
may sell any amount of hunting, fishing, camping, or outdoor equipment if
such sales are limited to its members and not to the general public.
Provided, that notwithstanding anything expressed or implied herein to the contrary,
Coors shall have the right to construct and maintain on any portion of the Coors Property such
structures as are from time to time deemed by Coors to be necessary or appropriate in
maintaining, utilizing, and/or servicing any lake located on the Coors Property (each, a "Coors
Lake Structure").
ARTICLE 4
CONSTRUCTION
4.1 Submission of Plans. No improvements shall be erected, placed, altered,
constructed, maintained or permitted to remain on any Lot subject to these
restrictions until the proposed use and the plans and specifications showing plot
layout and all exterior elevations with materials and colors therefore and
structural design, signs and landscaping (collectively, "Plans") shall have been
formally submitted, in writing, to each of the Developers and approved in writing
by each of the Developers ("Developer Approval"), which approval shall not be
unreasonably withheld or conditioned. Plans shall be submitted as follows:
a. To Cabela's: at: Cabela's Retail, Inc., One Cabela Drive, Sidney,
Nebraska 69160, Attention: Director of Real Estate Development.
4
Draft 12.07.06
b. To Coors: at: Coors Brewing Company, 311 10th Street, P.O. Box 4030,
PMB CC370, Golden, Colorado 80401, Attention: Neil Jaquet.
4.2 Develooer Aooroval and Owner's Warranties. The Developer Approval shall be
based, among other things, on adequacy of site dimensions, adequacy of
structural design, conformity and harmony of external design with neighboring
structures, effect of the location and use of improvements on neighboring Lots,
proper facing of main elevation with respect to nearby streets, and conformity of
the Plans to the purpose and general plan and intent of these restrictions,
covenants and conditions. Each Developer shall render its written approval or
disapproval within twenty-one (21) calendar days of receipt of the Plans. If no
written disapproval is rendered by either Developer within said twenty-one (21)
days, then the Plans shall be deemed to be approved. The Owner who is
undertaking said construction represents and warrants that it will not materially
alter or deviate from said Plans in the construction of the improvement upon the
Lot without prior written consent of each Developer, which consent shall not be
unreasonably withheld, conditioned, or delayed.
4.3 Owner's Resoonsibilities for Commencement of Construction. An Owner shall
commence construction/development of improvements on his/her/its Lot within
one (1) year after receiving Developer Approval for his/her/its Plans for said Lot.
4.4 Owner's Resoonsibilities for Partlv Constructed Buildinas. After the
commencement of any improvement on a Lot, the Owner of the Lot shall
diligently prosecute the work thereon to the end that the improvement shall not
remain in a partly finished condition any longer than is reasonably necessary for
completion thereof.
4.5 Excavation. No excavation shall be made on any Lot except in connection with
construction of improvements, and upon completion of said improvements, it
shall be the Owner's responsibility to back fill exposed openings and grade and
level any ground disturbed by the construction of the improvement.
ARTICLE 5
MAINTENANCE OF LOTS
5.1 Maintenance of Constructed Buildinas. After the completion of construction,
each Owner covenants and agrees to maintain and keep the exterior and interior
portions of the constructed buildings, if any, located on its Lot in first-class
condition and state of repair, in compliance with all governmental laws, rules,
regulations, orders and ordinances exercising jurisdiction thereover, and in
compliance with the provisions of this Declaration. Each Owner further agrees to
store all trash and garbage in adequate containers, to locate such containers so
that they are not readily visible from the parking area or highway and to arrange
for the regular removal of such trash or garbage.
5.2 Maintenance of Damaaed Buildinas. In the event that any of the buildings are
damaged by fire or other casualty (whether insured or not), the Owner upon
whose Lot the building is located shall, subject to governmental regulations
and/or insurance adjustment delays, immediately remove the debris resulting
from such event and provide a sightly barrier, and within a reasonable time
Draft 12.07.06
thereafter shall either (i) repair or restore the building so damaged to a complete
unit, such construction to be performed in accordance with all applicable
provisions of this Declaration, or (ii) erect another building in such location, such
construction to be performed in accordance with all applicable provisions of this
Declaration, or (iii) demolish the damaged portion and/or the balance of such
building and restore the cleared area to either a hard surface condition or a
properly maintained landscaped condition planted with grass seed. The Owner
shall have the option to choose which of the foregoing alternatives to perform,
but such Owner shall be obligated to perform one of such alternatives.
5.3 Maintenance of Vacant Lots. Owners shall be required to maintain vacant Lots in
a manner that does not cause a nuisance to adjoining Lot Owners or Developers.
Without limiting the generality of the foregoing, such maintenance shall include
the mowing of said Lot, the removal of any noxious weeds or other unsightly
plant growth, and the removal of all trash, rubbish and debris from said Lot.
Provided, that Coors shall not be obligated to mow or remove any natural flora
(other than noxious weeds) growing on the Lot legally described on Exhibit "D"
attached hereto.
5.4 Landscaoinq. Every Lot on which a building (other than a Coors Lake Structure)
has been erected shall be landscaped and maintained thereafter in a sightly and
well kept condition according to the following:
a. All street and side setback areas as required by local law, with the
exception of drainage areas, driveways, sidewalks, other walkways and
parking areas shall be used exclusively for the planting and growing of
trees, shrubs, lawns and other ground covering or material as approved
by the Developers under Section 4.1 hereof.
b. The Lot Owner shall landscape and maintain unpaved areas between the
street curb line and the property line adjoining any street. If said
landscaping is not properly maintained in the reasonable opinion of either
Developer, such Developer may, after not less than seven (7) calendar
days' notice to the Lot Owner, undertake such maintenance as may be
necessary, at the expense of the Lot Owner.
c. Landscaping, as approved by the Developers under Section 4.1 above,
shall be installed within ninety (90) days of occupancy or completion of
the building, whichever occurs first, subject to reasonable extension due
to delays caused by adverse weather.
d. All unused and non-landscaped land area that is planned for future
building expansion or other purposes shall be maintained and kept free of
weeds, other unsightly plant growth, rubbish and debris.
5.5 Taxes and Assessments. The Owners of the Lots shall payor cause to be paid,
prior to delinquency, directly to the appropriate taxing authorities all real property
taxes and assessments which are levied and assessed against their respective
Lots.
6
Draft 12.07.06
ARTICLE 6
VARIANCES, AMENDMENTS AND TERMINATION
6.1 Amendments and Terminations. This Declaration may be amended or
terminated by written instrument, duly recorded in the office where this
Declaration is recorded and properly executed by the then Owners of 70% of the
total area within the Property; provided, however, no amendment to this
Declaration which places any new restrictions on any Lot, or otherwise materially
adversely affects the rights or materially increases the obligation of the Owner of
any Lot, shall be effective against any such Lot unless the Owner of such Lot
executes the written instrument which is recorded to effectuate such amendment.
It shall not be necessary for the Developers to be a party to any such written
instrument.
6.2 Variances. Variances from the restrictions set forth in this Declaration may be
granted by written instrument, duly recorded in the office where this Declaration
is recorded and properly executed by the then Owners of 70% of the total area
within the Property.
ARTICLE 7
EMINENT DOMAIN
Nothing herein shall be construed to give the Developers or the Owner of any Lot any
interest in any award or payment made to any other Owner in connection with any exercise of
eminent domain or transfer in lieu thereof affecting another Owner's Lot or granting the public or
any government any rights in such Lot.
ARTICLE 8
MISCELLANEOUS
8.1 Waiver of Default. No waiver of any default by either Developer or any Owner
will be implied from the failure by either Developer or any other Owner to take
any action in respect of such default. No express waiver of any default will affect
any default or extend any period of time for performance other than as specified
in such express waiver. One or more waivers of any default in the performance
of any provision of this Declaration will not be deemed a waiver of any
subsequent default in the performance of the same provision or any other
provision. The consent to or approval of any act or request by either Developer
or any Owner will not be deemed to waive or render unnecessary the consent to
or approval of any subsequent similar act or request. The rights and remedies
provided by this Declaration are cumulative and no right or remedy will be
exclusive of any other, or of any other right or remedy at law or in equity which
any Owner might otherwise have by virtue of a default under this Declaration,
and the exercise of any right or remedy by any Owner will not impair such
Owner's standing to exercise any other right or remedy.
8.2 No Partnershio. Nothing contained in this Declaration and no action by the
Owner of any Lot will be deemed or construed by any Owner or by any third
person to create the relationship of principal and agent, or a partnership, or a
joint venture, or any association between or among any of the Owners of any of
the Lots.
Draft 12.07.06
8.3 Severabilitv. If any provision of this Declaration is, to any extent, declared by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of
this Declaration (or the application of such provision to persons or circumstances
other than those in respect of which the determination of invalidity or
unenforceability was made) will not be affected thereby and each provision of this
Declaration will be valid and enforceable to the fullest extent permitted by law.
8.4 Governina Law. This Declaration will be construed in accordance with the laws
of the State of Colorado.
8.5 Captions. The captions of the paragraphs of this Declaration are for convenience
only and are not intended to affect the interpretation or construction of the
provisions herein contained.
8.6 Time. Except as otherwise provided in this Declaration, time is of the essence.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
8
Draft 12.07.06
IN WITNESS WHEREOF, the parties hereto have executed this Declaration as of the
day and year first above written.
CABELA'S RETAIL, INC.,
a Nebraska corporation, Developer
By:
Its:
STATE OF NEBRASKA )
) ss.
COUNTY OF CHEYENNE)
The foregoing Declaration of Covenants and Restrictions was acknowledged before me
this _ day of , 200_, by ,(title)
of Cabela's Retail, Inc., a Nebraska corporation, for and on behalf of said corporation.
COORS BREWING COMPANY,
a Colorado corporation
By:
Its:
ST ATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON)
The foregoing Declaration of Covenants and Restrictions was acknowledged before me
this day of , 200_, by ,Jtitle),
of Coors Brewing Company, a Colorado corporation, for and on behalf of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Koley Jessen P.C.
A Limited Liability Organization
1125 South 103 Street, Suite 800
Omaha, NE 68124
(402) 390-9500
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 60
Series of 2006
TITLE:
A RESOLUTION APPROVING AN AMENDED AND RESTATED
ANNEXATION AND DEVELOPMENT AGREEMENT AMONG THE
CITY, CABELA'S RETAIL, INC., MICHAEL ALLARD, CHARLES
BERA, ANN MARIE COURCHENE, NEIL G. JAQUET, DONALD
W. MACDONALD AND THE COORS BREWING COMPANY
WHEREAS, the City adopted an Annexation and Development Agreement on
December 20,2004 among the City, Cabela's Retail Inc., and Coors Brewing Company;
and
WHEREAS, the Agreement established the framework for the annexation and
development of approximately 230 acres which will become the Cabela's project; and
WHEREAS, Resolution 34-2005 amended the Agreement to permit additional
time fro the filing of a Metropolitan District Service Plan with the City; and
WHEREAS, since its original adoption and amendment, many aspects of the
Agreement have been addressed; and
WHEREAS the City Council has determined that it is in the best interest of the
City that the Amended and Restated Annexation and Development Agreement be
approved.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. The Amended and Restated Annexation and Development
Agreement among the City of Wheat Ridge, Cabela's Retail, Inc., Michael Allard,
Charles Bera, Ann Marie Courchene, Neil G. Jaquet, Donald W. MacDonald and the
Coors Brewing Company dated December 11, 2006 (a copy of which is attached hereto
as Exhibit A and fully incorporated herein by this reference) is hereby approved, and
the Mayor and City Clerk are hereby authorized and directed to execute the same.
Section 2. This Resolution shall be effective upon adoption.
Section 3. Publication. This Resolution shall be published in a newspaper of
general circulation within the City of Wheat Ridge.
DONE AND RESOLVED this _ day of December, 2006.
GED\53027.17\49160~ TT A C H M E NT 2
ATTEST:
Pamela Y. Anderson, City Clerk
Published in the Wheat Ridge Transcript:
GED\53027.17\491603.1
Jerry DiTullio, Mayor
,2006.
EXHIBIT A
AMENDED AND RESTATED ANNEXATION AND DEVELOPMENT AGREEMENT
[A TT ACHED]
GED\53027.17\491603.1
ITEM NO: q
REQUEST FOR CITY COUNCIL ACTION
~..
..... "'''.
. ... ~.
COUNCIL MEETING DATE:
December 11, 2006
TITLE:
PARKS AND RECREATION COMMISSION APPOINTMENT
o PUBLIC HEARING
[gJ BIDSIMOTIONS
o RESOLUTIONS
:J ORDINANCES FOR I ST READING (Date:
:J ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
[gJ
No
(bG1Mr
City Clerk
1
EXECUTIVE SUMMARY:
The duties of the Parks and Recreation Commission are to regularly consult with the Director of Parks
and Recreation; review all existing and proposed legislation relating to parks and recreation matters;
make recommendations on parks and recreation matters to the City Council; act as liaison between the
department of parks and recreation and the community at large; promote and develop positive
relationships with community groups, other public agencies and the general public; encourage the
widest possible citizen understanding of parks and recreation activities; and seek citizen advice and
support for the proper management and operation of parks and recreation facilities. The Commission
has the authority to develop parks regulations for the proper management, operation, and control of the
parks, parkways, and other recreation facilities within the city. The Commission meets the 3rd
Wednesday of every month at 7:00 p.m. at the Recreation Center. There is a vacancy on the
commission for District IV, with the term expiring on March 2,2008.
COMMISSIONIBOARD RECOMMENDATION:,
N/A
STATEMENT OF THE ISSUES:
An application was received on November 21, 2006 for a position on the Parks and Recreation
Commission from Liz George of District IV.
2
ALTERNATIVES CONSIDERED:
Do not make an appointment, and the position remains vacant.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to appoint Liz George to the District IV vacancy on the Parks and Recreation Commission,
term to expire March 2,2008."
Or,
"I move to deny the appointment of Liz George for the following reasons:
"
Report Prepared by: Pam Anderson, City Clerk
Reviewed by: Randy Young, City Manager
Attachments:
I. Ms. George's Board and Commission application.
:::I:'~d~:-i 'n:
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",._.....-'...._-"-_.~ .,"".....-'- .----=
PLEASE APPLY ONL:Y" FOR ONE "BOARD OR
COMMISSION
APPLICATION FOR APPOINTMENT TO THE:
jJ~~ CJ-- ?v (A J. "
. (~~RD/COMMISSION/COMMITTE7~
DATE: ) I.; / t - r)(o DISTRICT Lf
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: '7 - I qfj&
, ARE YOU A REGISTERED VOTER? VI? S -
WH't A~ YOU. ~G THIS APPql~.TMENT? r (0. ()f2, w h Ctt-f-
aV I~ n .h@ ~ -f:::k<l.- /' drJ {Jtrr(J ..:::.
, : ? ins - t!JP - :7 Wk..J ILl - c:;{,.U! /'
DO YOU HAVE EXPERIENCE IN THIS AREA?-.:s urlz- -
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSIONj9~MMITTEE AND IF SO, WHICH ONE? HOW LONG?
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR
ATTENDANCE OR DUTIES? 11 ()
SIGNATURE~ ~v, 'If
PLEASE PRINT OR lYPE NAME: L l ?-- (? e cJ fI a f./
? n, DO"- I 83 J/ heJ-t< Jq0
\3{?;; ~?J;f. C:70;
BUSINESS PHONE: ,~()?) V' 5 (a I ,--54 00
E-MAILADDRESS:m6-t7/~77({j).fOvvlW5J-:.v1~
'-/
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR
ATTACHMENT 1
ADDRESS:
HOME PHONE: