HomeMy WebLinkAbout08/27/2007
6:30 p.m. Pre-Meeting
~~!~~~
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
Auqust27.2007
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF Auaust 13. 2007
PROCLAMATIONS AND CEREMONIES
MADD Award Presentation (Becky Lane-Ramsey)
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. RESOLUTION 34-2007 DECLARING COMPLIANCE WITH C.R.S. 29-29-101,
ET. SEQ. CONCERNING COOPERATION WITH FEDERAL OFFICIALS IN
REGULATING IMMIGRATION STATUS RESOLUTION.
B. Approval of the Closure of 38th Avenue from Pierce Street to Wadsworth
Boulevard for the Wheat Ridge Taste of the Arts Festival and Request for
Financial Assistance in the Amount of $7,500.
CITY COUNCIL AGENDA: August 27, 2007
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
Item 3.
Item 4.
Item 5.
Page -2-
RESOLUTION 06-2007 - A RESOLUTION ADOPTING THE
WADSWORTH CORRIDOR SUBAREA PLAN.
COUNCIL BILL 17-2007 - AN ORDINANCE PRESCRIBING THE
COMPENSATION FOR THE OFFICE OF CITY CLERK.
COUNCIL BILL 1S-2007 -AN ORDINANCE PRESCRIBING THE
COMPENSATION FOR THE OFFICE OF TREASURER.
COUNCIL BILL 20-2007 - AN ORDINANCE PRESCRIBING THE
COMPENSATION FOR THE OFFICE OF MAYOR.
ORDINANCES ON FIRST READING
Item 6.
Item 7.
ItemS.
COUNCIL BILL 21-2007 - AN ORDINANCE PRESCRIBING
COMPENSATION FOR THE OFFICE OF CITY COUNCIL.
COUNCIL BILL 22-2007 - AN ORDINANCE AMENDING CHAPTER 22,
DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE
OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC
DATABASE CERTIFIED BY THE STATE DEPARTMENT OF REVENUE
TO DETERMINE THE JURISDICTIONS TO WHICH TAX IS OWED.
COUNCIL BILL 23-2007 - AN ORDINANCE AMENDING THE
REQUIREMENTS FOR ADOPTING A COMPETITIVE CABLE
FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN
CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED
PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF
FEDERAL REGULATIONS.
DECISIONS. RESOLUTIONS AND MOTIONS
Item 9.
Item 10.
Item 11.
RESOLUTION 33-2007 - A RESOLUTION AMENDING THE FISCAL
YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A LOAN TO
THE WHEAT RIDGE URBAN RENEWAL AUTHORITY FOR THE
PURCHASE OF PROPERTY LOCATED AT 7540 W. 44TH AVENUE IN
THE AMOUNT OF $1.5 MILLION.
Urban Renewal Authority Appointments.
Parks and Recreation Commission Appointment.
CITY COUNCIL AGENDA: August 27, 2007
Page -3-
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
Auaust 13. 2007
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m.
Councilmembers present: Karen Adams, Karen Berry, Lena Rotola, Wanda Sang,
Larry Schulz, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow;
City Manager, Randy Young; City Attorney, Gerald Dahl; Acting Director of Community
Development, Sally Payne; Director of Public Works, Tim Paranto; staff; and interested
citizens.
Council Member Dean Gokey was absent.
APPROVAL OF MINUTES OF Julv 23. 200r:
Motion by Council Member Sang for approval of the Minutes of July 23, 2007; seconded
by Council Members Womble and Stites; carried 7-0.
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio presented the City Manager, Randy Young, an award and City lapel pin
for Five Years of Service.
Mayor DiTullio presented Margaret Paget of the Wheat Ridge Open Space the National
Recreation Trail Designation plaque. Stuart McDonald of American Trails Organization
spoke of the significance of this award to the City of Wheat Ridge.
CIIILt:NS' RIGHT TO SPEAK
No citizens were present to speak.
Item 1 ~
CONSENT AGENDA
A. RESOLUTION 29-2007: AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN
THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF
WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR
RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED
ELECTION TO BE HELD ON NOVEMBER 6, 2007.
CITY COUNCIL MINUTES: August 13, 2007
Page -2-
B. RESOLUTION 31-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007
CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $111,329
FOR THE REIMBURSEMENT TO R-1 SCHOOL DISTRICT FOR THE STEVENS
ELEMENTARY PLAYGROUND GRANT.
C. RESOLUTION 32-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $2,500 FOR
THE ACCEPTANCE OF A TREE GRANT FROM THE COLORADO PARKS AND
RECREATION FOUNDATION.
D. Award of RFB-07 -28R - Commercial Treadmill Replacement to Advanced Exercise
Equipment in the Amount of $30,100 for Use at the Wheat Ridge Recreation Center.
E. Approval of an Agreement By and Between the City of Wheat Ridge and the United
Advertising Corporation for Installation of Bus Stop Shelters.
Consent Agenda was introduced and read by Council Member Stites.
Motion by Council Member Stites for approval of the Consent Agenda, items A, B, C, D
and E; seconded by Council Member Sang; carried 7 -0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
RESOLUTION 30-2007 - ADOPTING THE FRUITDALE SUBAREA
PLAN. (Case No. WPA-06-05)
Resolution 30-2007 was introduced by Council Member Rotola, who read the Executive
Summary.
Sally Payne presented the staff report.
Mayor DiTullio opened the public hearing.
No citizens were present to speak.
Mayor DiTullio closed the public hearing.
Motion. by Council Member Rotola to adopt Resolution 30-2007, a resolution adopting
the Fruitdale Subarea Plan, as presented; seconded by Council Member Schulz; carried
7-0.
CITY COUNCIL MINUTES: August 13, 2007
Page -3-
ORDINANCES ON FIRST READING
Item 3.
COUNCIL BILL 17-2007 -AN ORDINANCE PRESCRIBING THE
COMPENSATION FOR THE OFFICE OF CITY CLERK.
Council Bill 17-2007 was introduced on first reading by Council Member Sang.
Motion by Council Member Sang to approve Council Bill 17 -2007 on first reading, order
it published, public hearing set for Monday, August 27, 2007 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication; seconded by
Council Member Womble; carried 4-3 with Council Members Rotola, Adams and Berry
voting No.
Item 4.
COUNCIL BILL 18-2007 - AN ORDINANCE PRESCRIBING THE
COMPENSATION FOR THE OFFICE OF TREASURER.
Council Bill 18-2007 was introduced on first reading by Council Member Stites.
Motion by Council Member Stites to approve Council Bill 18-2007 on first reading, order
it published, public hearing set for Monday, August 27, 2007 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication; seconded by
Council Member Sang; carried 4-3 with Council Members Rotola, Berry and Adams
voting No.
Item 5.
COUNCIL BILL 19-2007 - AN ORDINANCE PRESCRIBING THE
COMPENSATION FOR THE OFFICE OF CITY COUNCIL.
Council Bill 19-2007 was introduced on first reading by Council Member Sang.
Motion by Council Member Sang to approve Council Bill 19-2007 on first reading, order
it published, public hearing set for Monday, August 27, 2007 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication; seconded by
Council Members Stites and Schulz; failed 4-3 with Council Members Sang, Schulz and
Stites voting Yes.
Item 6.
COUNCIL BILL 20-2007 - AN ORDINANCE PRESCRIBING THE
COMPENSATION FOR THE OFFICE OF MAYOR.
Council Bill 20-2007 was introduced on first reading by Council Member Berry.
Motion by Council Member Berry to approve Council Bill 20-2007, on first reading, order
it published, public hearing set for Monday, August 27,2007 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication.
CITY COUNCIL MINUTES: August 13, 2007
Page -4-
I further move to make the following amendments to the ordinance:
STRIKE:
b. Benefits: The following benefits shall be provided, to the extent and at the levels
granted to full-time city employees: health, dental and vision insurance; group term life
irisurance; employee assistance plan; retirement plan; employee recreation program;
tuition assistance program.
INSERT:
b. Benefits: The following benefits shall be provided, to the extent and at the levels
granted to part-time city employees that work 20 hours per week: health, dental and
vision insurance; group term life insurance; employee assistance plan; employee
recreation program.
Motion Seconded by Council Member Sang; carried 4-3 with Council Members Womble,
Rotola and Adams voting No.
ELECTED OFFICIALS' MATTERS
Mr. Snow informed citizens of the new Copy Fee Policy adopted by the City of Wheat
Ridge based on Senate Bill 07-045 going into affect on August 3,2007. The new policy
states that the first ten standard-sized copies of any non-criminal record are free upon
request arid that all subsequent pages after the first ten will be charged a fee of $.25 per
standard, 8 1/2x11, page as defined in SB 07-045.
Mr. Womble thanked Mr. Lewis of Lewis Candies for his reporting of a code
enforcement violation issue occurrin~ in the area of his business. Mr. Womble also
thanked Mr. Gearing, residing at 33 & Ames St., for reporting the issues he's had in his
neighborhood as well.
Mr. Schulz thanked Sally Payne and the residents in the area for their hard work and
input into creating the Fruitdale Subarea Plan.
Mr. Stites asked Mr. Young to have his staff address the flooding issues in front of Fire
Station No.2. Mr. Stites also reminded citizens of the Carnation Festival and Parade on
Saturday and asked citizens who live or have businesses along the Parade route to
take the time this week to clean the area of trash and weeds. Mr. Stites also
encouraged citizens to "find it and buy it in Wheat Ridge".
Mrs. Rotola also thanked Sally Payne and staff for their work on the Fruitdale Subarea
Plan. Mrs. Rotola also gave thanks to citizens for attending the District IV meeting and
to City Manager, Randy Young for helping to get City staff to the meeting.
CITY COUNCIL MINUTES: August 13, 2007
Page -5-
Mrs. Berry thanked all the citizens who participated and contributed in the Fruitdale
Subarea Plan's creation and expressed her excitement in working with residents and
staff in Implementation phases of the Plan.
Mayor DiTullio reminded citizens of the Carnation Festival events this weekend,
Thursday, Friday and Saturday nights and encouraged everyone to join in the activities,
including the Fireworks on Friday and the Parade on Saturday morning.
Meeting adjourned at 7:32p.m.
A;I~
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON AUGUST 27,2007 BY A VOTE OF to
Mike Stites, Mayor pro tern
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.
~ M;,;.m
@
I Victim Services I Education
Mothers Against Drunk Driving
COLORADO STATE OFFICE
444 Lincoln Sl.
Denver, CO 80203
Main Line: (303)425-5902
Toll Free: 800-621-6233
Fax: (303)425-5674
www.madd.ora/co
o Representatives from Mothers Against Drunk Driving are here tonight to recognize our own Wheat Ridge
Police Department.
o MADD Colorado is just wrapping up their 2007 5k walk, Strides for Change, which took place on August 4,
207.
o This event helps to raise funds and awareness for the programs and services MADD provides in our state.
o Earlier this year, MADD Colorado issued a challenge to each law enforcement agency in the state: to join
Strides for Change as a law enforcement team and raise $244-- $1 dollar to represent each life lost to impaired
driving crashes in Colorado in 2005.
o Dave Pickett and his 13 teammates did more than meet that challenge. They went above and beyond, just as
they do everyday on the job to keep Wheat Ridge safe.
o The Wheat Ridge Police Department raised an incredible $2135.00, becoming the 2007 MADD Colorado Top
Law Enforcement Team.
o The funds raised for the 2007 Strides for Change event will help to provide services to all victims of impaired
driving crashes in Colorado, support underage drinking prevention and adult education programs, and public
awareness and legislative campaigus to strengthen sanctions against repeat and high-risk DUI offenders.
o I commend Dave Pickett and the Wheat Ridge Police Department, for all of your efforts. Your commitment to
safety in Colorado is wunatched.
o Thank you and congratulations.
ITEM NO: II A,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: August 27,2007
TITLE:
RESOLUTION 34-2007 A RESOLUTION DECLARING
COMPLIANCE WITH c.R.S. 29-29-101, et. seq. CONCERNING
COOPERATION WITH FEDERAL OFFICIALS IN REGULATING
IMMIGRATION STATUS
o PUBLIC HEARING
o BIDS/MOTIONS
1ZI RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
1ZI
No
~~JP7}~YL-
ehief of Iioli'6e
City~o...Y~
EXECUTIVE SUMMARY:
Senate Bill 2006-090 was passed by the Colorado General Assembly, enacting C.R.S. 29-29-101, et.
seq. that bans "sanctuary" policies that prohibit or limit a peace officer, local official, or local
government employee from communicating or cooperating with federal officials with regard to the
immigration status of any person within the state. While the City has not acted or enacted any
ordinance or policy that would prohibit or limit cooperation orreporting by police and other officers of
the City with federal officials with regard to the immigration status of any person, it is important that
the City memorialize its compliance with this statute.
The new law applies to peace officers who are acting in their official law enforcement duties. It
requires that a peace officer contact the Immigration and Customs Enforcement (ICE) of the arrest of a
person the officer has probable cause to believe is not legally present in the county. Lastly, the
legislation requires the governing body of every municipality and county in Colorado to (a) provide
written notice to peace officers of the duty to cooperate with state and federal officials with regards to
this bill; (b) requires every municipality and county in the state to provide written confirmation to the
General Assembly indicating that this notice has been given and (c) beginning March 1,2007 requires
an annual report to the Department of Local Affairs indicating the number of arrestees reported to ICE
pursuant to this statute.
The Police Department enacted a new policy and procedures to ensure compliance with these statutory
requirements in 2006. An annual report was submitted to the Department of Local Affairs as required
in 2007.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The Colorado General Assembly enacted SB-090, creating a new statutory requirement pertaining to
immigration status and cooperation by local government with federal officials. The new legislation
requires City Council provide written notice to peace officers of the duty to cooperate with federal and
state officials regarding immigration enforcement and provide confirmation to the General Assembly
that written notice has been done. Additionally, the law requires the local governing body to provide
an annual report to the General Assembly regarding the number of persons referred to hnmigration and
Customs Enforcement as required by statute. The penalty of not complying with this statutory
requirement is that the City would be ineligible for grants administered by the Colorado Department of
Local Affairs.
ALTERNATIVES CONSIDERED:
The Police Department is currently complying with all the requirements of this new statute.
FINANCIAL IMPACT:
Compliance with the new statutory requirement ensures the City would be eligible for grants
administered by the Colorado Department of Local Affairs.
RECOMMENDED MOTION:
"I move to approve Resolution 34-2007 - AResolution Declaring Compliance with C.R.S. 29-29-101,
et. seq. Concerning Cooperation with Federal Officials in Regulating Immigration Status."
or,
"I move to table indefinitely acceptance of Resolution 34-2007 - A Resolution Declaring Compliance
with C.R.S. 29-29-101, et. Seq. Concerning Cooperation with Federal Officials in Regulating
Immigration Status for the following reason(s) "
Report Prepared by: Daniel Brennan, Chief of Police
Reviewed by: Randy Young, City Manager
Attachments:
1. Resolution 34-2007
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO.
Series of 2007
TITLE:
A RESOLUTION DECLARING COMPLIANCE WITH C.R.S. s 29-
29-101, et. seQ. CONCERNING COOPERATION WITH FEDERAL
OFFICIALS IN REGULATING IMMIGRATION STATUS
WHEREAS, the City Council of the City of Wheat Ridge is authorized to
enact and enforce policies, ordinances and regulations for protection of the public
health, safety and welfare; and
WHEREAS, the Council is aware of the passage of Senate Bill 06-090 by the
Colorado General Assembly, enacting C.R.S. S 29-29-101, et seQ.; and
WHEREAS, the City has not acted to enact any ordinance or policy that
would limit or prohibit cooperation or reporting by police and other officers of the
City with federal officials with regard to the immigration status of any person; and
WHEREAS, the City Council wishes to memorialize its compliance with
C.R.S. S 29-29-101, et seq.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. The City Council hereby gives notice to the peace officers
employed by the City of the duty to cooperate with state and federal officials with
regard to enforcement of state and federal laws regarding immigration, all as set
forth in C.R.S. S 29-29-103(2)(a).
Section 2. In compliance with C.R.S. S 29-28-103(2)(b), the City Council
hereby informs the Colorado General Assembly that it has provided the notice
described at Section 1 above.
Section 3. The City Council hereby directs the City Manager to cause a
report of the number of reports made to the U.S. Immigration & Customs
Enforcement office, in compliance with C. R.S. s 29-29-1 03(2)(b), to be given to the
Legislative Council of the Colorado General Assembly, such report to be made
annually commencing on or before March 1,2007.
ATTACHMENT 1
DONE AND RESOLVED this
ATTEST:
Michael Snow, City Clerk
day of
.2007.
Jerry DiTullio, Mayor
2
ITEM NO: I lJ3'1
REQUEST FOR CITY COUNCIL ACTION
~
COUNCIL MEETING DATE:
August 27, 2007
TITLE:
APPROVAL OF THE CLOSURE OF 38TH AVENUE FOR PIERCE
STREET TO WADSWORTH BOULEVARD FOR THE WHEAT
RIDGE TASTE OF THE ARTS FESTIVAL AND REQUEST FOR
FINANCIAL ASSISTANCE OF $7,500
D PUBLIC HEARING
'[8J BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:
D ORDINANCES FOR 2ND READING
)
City~4
EXECUTIVE SUMMARY:
Wheat Ridge 2020, Wheat Ridge Business District, Wheat Ridge Arts Council and the Colorado Folk
Arts Council are sponsoring the Wheat Ridge Taste of the Arts Festival on September 15,2007. The
Festival is planned to be held on 38th Avenue, between Upham Street and Pierce Street and will
include an art show, car show, food and music. The sponsors are requesting that 38th Avenue be
closed from Pierce Street to Wadsworth Boulevard from 5:00 a.m. until midnight. Arrangements have
been made to use a parking lot at 44th Avenue and Wadsworth (Stage Stop Antique Mall) for those
attending the Festival. The traffic control plan has been reviewed and approved by Staff.
The sponsors are also requesting that the City Council provide financial assistance for the Festival by
donating Police Deparhnent persOIlllel for security and having the City sweep the streets before and
after the festival. The total request is estimated at $ 7,500.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Th~'Wh~at Ridge Taste of the Arts Festival is planned to be held on 3Sth Avenue on September 15.
Closing 3Sth Avenue for the day will have significant impact on motorists that normally use the street,
as well as the merchants along 3 Sth Avenue. An arterial or collector street may be closed for an event
at the discretion of the City Council.
The City Council is being asked to support the Festival by agreeing to police the event and sweep the
streets before and after the event. The Police Department has estimated the cost of providing security
and traffic support at $6,000. The street sweeping is estimated to cost $1,500.
ALTERNATIVES CONSIDERED:
Not approve the street closure or contribution and the Wheat Ridge Taste of the Arts Festival will not
be held.
FINANCIAL IMPACT:
The request for Police and Public Works Departments assistance is estimated to cost $7,500.
Approval of this request would require a supplemental budget appropriation from General Fund
undesignated reserves.
RECOMMENDED MOTION:
"1 move to approve the closing of3Sth Avenue from Pierce Street to Wadsworth Boulevard from 5 :00
a.m. September 15,2007 until 12:00 a.m. September 16; 2007 for the Wheat Ridge Taste ofthe Arts
Festival.
1 further move to approve the Police Department providing security and traffic control for the Festival.
1 further move to approve the Public Works Department providing street sweeping for the FestivaL"
or,
"1 move to not approve the closure of3Sth Street and the financial support for the Wheat Ridge Taste
of the Arts Festival for the following reasons: "
Report Prepared by:
Reviewed by:
Tim Paranto, Director of Public Works
Randy Young, City Manager
Attachments:
1. Momentous Happenings submittal
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Tln. PINNACLL OF Exc
Cl:
Date: July 16, 2007
Re: Wheat Ridge Taste of the Arts Festival
To Whom It May Concern:
The Wheat Ridge Arts Council, Colorado Folk Arts Council, Wheat Ridge Business District, and Wheat
Ridge 2020 are organizing a fantastic community event to celebrate the Arts and promote the Wheat
Ridge Central Business District. We are planning a Street Festival for Saturday, September 15, 2007.
The festival will take place on 38th Avenue from Pierce to Wadsworth and will provide festival goers an
opportunity to view Art, Classic Cars, sample Culinary Delights, listen to live music, and stroll through our
local businesses within the community. The festival will set up at 5:30 AM; with events from 9:00 AM to
10:00 PM; and clean-up and tear-down at 11:00 PM. The Partnership ofTheArts Council and Business
District is making this event possible and providing a wonderful event to highlight our community. We
need your support to make this project a success.
The purpose of the festival is to provide Wheat Ridge with a program that raises awareness of the arts
and culture in our community and also provide an event that promotes community pride. Although the W.
38th Avenue and adjacent streets will be closed off on Saturday for the festival, foot traffic should exceed
normal walk-ins. The festival site plan has purposefully been created to encourage community members
to stop by the festival and to stop and shop in the local stores within the festival area.
We are asking the City of Wheat Ridge to help fund this festival with all related public aspects to the
festival with security and police, sanitation, traffic control costs, city street sweepers, shuttle bus, and
insurance.
Enclosed is the Wheat Ridge Taste of the Arts Festival Plan, WR site plan -c Bird Eye View Plan, Wheat
Ridge Art Festival Traffic Control Plan, Wheat Ridge Art Festival 38'h Wadsworth Plan, Wheat Ridge Art
Festival 38th Pierce Plan, WR Festival ASK Letter Main Document, WR Price Quotation - Festival, and
WR Traffic Control Quote
Thank you for your support.
Sincerely,
iv~:~U\(f~
Kelby Kaufman
Event Planner, CEO
Momentous Happenings, LLC
kelby@momentoushappenings.com
office: 303.716.1043
direct line: 303.210.6039
website: www.momentoushappenings.com
C.R6ATlNCj 6XP6RI6NC.6S Tl-tRDl-tCjH- 6V6NTS
ATTACHMENT 1
Wheat Ridge Taste of the Arts Festival
Special Event Plan
Coordinator and Producer
Kelby Kaufman, Event Director
303-210-6039, kelby@momentoushappenings.com
Event Date:
Saturday, September 15, 2007
Event Description:
The Wheat Ridge Taste of the Arts Festival consists of Wheat Ridge 2020, Wheat Ridge
Business District, Wheat Ridge Arts Council, and the Colorado Folk Arts Council. It's a single-day
festival incorporating community with the business and arts in a safe environment. The locations
are on W. 38'h Avenue between Wadsworth and Pierce with the festival starting on Upham. The
location provides an ideal location, atmosphere, and availability of participants for guests and
vendors. The closure of the street provides support of the business and arts creating a stronger
community within the city of Wheat Ridge. The Wheat Ridge Taste ofthe Arts Festival is
entertaining for the art collector to the car show enthusiast. All ages and families from the
community are encouraged to participate in the open festival but as well as the businesses that
are open on the same street.
Please see Attachment:
Wheat Ridge Site Plan - Bird Eye View
Estimated Number of Participants:
500 to 1,000
Start Time:
Set-Up: Friday, September 14'h for signage and drop off of barricades
Saturday, September 15'h 4:30 a.m. to 8:30 a.m. for tent, barricades, signage, electricity
hook-up
Start Time: Open to the public: 9:00 a.m.
End Time: 10:00 p.m.
Tear Down: 10:00 p.m. to 12:00 a.m.
Emergency Medical Plan:
First aid and an extinguisher will be provided in the information booths which are placed near
both entrances of the Festival: Upham and Quay
Sanitation Plan:
Portable facilities appropriate for the number of participants to be placed at the Wheat Ridge
Middle School Parking Lot. Delivery and pickup provided by a local company. 500 to 1,000
people attending and staying for approximately 4 hours the festival will need 10 regular restrooms
and 1 disabled accessible restroom with the possibility of renting a changing room for infants.
Designated Contact Person(s):
Kelby Kaufman is the primary Event Director. The marshal supervisor for safety and security on
the day of the event is . All will be accessible by cellular phone on the day of
the event.
Page 1 of5
Wheat Ridge Taste ofthe Arts Festival
Special Event Plan
Communication Plan:
Key personnel will communicate by cellular phone. Cellular phone numbers will be given to the
law enforcement officials. Executive Committee Members and volunteers will be given cellular
phone numbers as well. The cellular numbers will not be provided to the guests. Volunteers
throughout the entire event will be placed in the Information Booth with accessibility to cellular
phone numbers for emergency purposes.
Insurance Certificate:
Special event insurance is provided by Farmers Insurance and Financial Solutions and
Associated Excess, Inc. through Mike Roberts. Please see Insurance Attachment
Related Permits in Process:
The following event permits' are completed or in the process of being approved: Liquor Permit
and License and Special Events Sales License, Certificate of Approval for Temporary Food
SelVice Event Vendors.
Traffic Control Plan, Detour Plan and Barricade Plan:
Please see Attachments:
Wheat Ridge Art Festival Traffic Control Plan Attachment
Wheat Ridge Art Festival 38th Wadsworth
Wheat Ridge Art Festival 38th Pierce
Clean-up Plan:.
Several cardboard trash cans lined with trash bags will be placed near a set of four tents that are
participating within the facility. Two of these trash cans will be placed near a set offour tents if the
occupants are food related. The trash cans will also be placed near the entrance at Upham,
Pierce, and near the Entertainment Area. The trash cans will be placed inside the Entertainment
Tent due to the Alcohol Stand is inside the tent area as well. Drop off reciprocals will be available
for trash pick-up. Street sweepers will be needed after the festival, on Sunday, September 16th for
any minor trash particles on the street that may have been missed.
All trash not placed into trash cans will be picked up by Volunteers after the festival. The city
street sweepers will come in on Sunday, September 16 to follow up with cleaning if any missed
pieces are left behind.
All tents, barricades, and signage rented will be returned to a designated area for pick up by the
rental company.
Page 2 of 5
Wheat Ridge Taste of the Arts Festival
Special Event Plan
Electrical Plan: Currently we are working with Xcel Energy to provide meters for electrical needs.
It will be used for the Entertainment Area, food vendors, and lighting areas. The lighting areas will
be placed. near a set of eight tents and before a break within the street to help with ease of
access. The lighting will be only used for set-up and after sundown. An Electrician is on current
stand-by for operation to assess what electrical is needed to pull from local businesses. A permit
is in place with the City of Wheat Ridge for this situation.
Marketing Plan:
Banners will be placed above 38'h Avenue after the Carnation Festival, August 18'h for notification
of the upcoming event by a designated city official. All residents and business owners impacted
by the festival between 44th and 32"d and Wadsworth to Pierce will be informed 2-3 months in
advance of potential traffic and will be provided marketing material. All business owners on 38'h
Avenue are encouraged to notify their customers of the upcoming festival. Each business owner
will be provided barricades to block off their parking lots if they notify the festival committee 4
weeks in advance. Marketing materials will be provided to the businesses on 38'h Avenue. Each
resident will be given marketing materials of the up-coming festival for notification of which street
will be blocked off for Thru Traffic. Each household affected within the festival area will be
reminded of the event 1 week before the event via direct mail. A second option is to insert the
mailing into the water utility bill.
Sponsorship Plan:
Mayor Jerry DiTullio of Wheat Ridge, Rob Osborn of Wheat Ridge 2020, and Kelby Kaufman of
Momentous Happenings have worked together to encourage local Wheat Ridge businesses help
sponsor this local community event. Some targeted sponsors are 1st Bank, Community Bank,
Enterprise Wheat Ridge, Jefferson Economic Council, Wheat Chamber, and Wilson Downing.
Please see Attachment:
Wheat Ridge ASK Letter Main
Alcohol Plan:
Currently the alcohol confined area is within the Entertainment Area. There will be only one
entrance and exit for containment of alcohol. An emergency exit (aka stage entrance and exit) will
be available for emergency reasons only. There will be a least one security officer manning the
entrance/exit of the Entertainment to make sure there is no alcohol leaving the contained area. All
personnel running the alcohol booth will be required to take classes by the Wheat Ridge Police
Department and the head of the alcohol booth is responsible for obtaining permits and a liquor
license at least 1 month in advance.
Parking Plan:
Vendors will have the option to park at designated areas at the WR Medical Complex at
Upham and 39'h and at Stevens Elementary School at Reed and 41" Street. They are given this
opportunity for easy access to the festival and for unloading/loading purposes.
Guests will be encouraged to park at the Dirt Parking Lot near Ford at 38'h and
Wadsworth and at the Stage Stop near 44'h and Wadsworth. They will be discouraged to park in
the Safeway lot for fining and towing will be placed on non-customers of Safeway. Notification of
this procedure will take in affect 1 month prior to the festival.
The shuttle will only be available at the two parking areas to encourage people to park in
the provided parking spaces. This will also help to decrease foot traffic and parking within
residential areas.
To limit the impact on adjacent areas, all available media resources will used to notify
Festival guests of where to park. Momentous Happenings has designated a spot on their website
for viewers who want more information about the festival and parking places may be able to do
so.
Page 3 of 5
Wheat Ridge Taste of the Arts Festival
Special Event Plan
Parking: P (PURPLE) Permission Granted: See Attachment signed by Owner
Upham and 44th: Lot Stage Stop Vacant 200 parking spaces permitted
Parking (Waiting to here back from them)
South of 38th Avenue on Wadsworth: Near Ford Place: Dirt Parking Lot 400+ p.s.
Wadsworth and 42nd Avenue: Big Lots 100 parking spaces
Vendor Parking: VP (PINK)
Upham and 391h: WR Medical Complex, Vendor Parking 75 parking spaces
Reed and 41'': Stevens Elementary School; Vendor Parking 50 parking ~s
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Shuttles Possibilities:
South of 38th Avenue on Wadsworth: Near Ford Place: Dirt Parking Lot
Wadsworth and 42nd Avenue: Big Lots
Upham and 44th: Lot Stage Stop Vacant
Staff, Vendors, and Volunteer Parking Plan:
Staff, Vendors, and Volunteers will park at Upham and 39th or Reed and 41 sl parking lot. There is
adequate space at these locations to accommodate all cars. Please see Parking Plan for more
details and location for participant parking. Each Staff, Vendor, and Volunteer will be given a
designated Parking Pass for access to these parking spaces.
Page 4 of 5
Wheat Ridge Taste of the Arts Festival
Special Event Plan
Pedestrian Plan:
COOT has communicated to Kelby Kaufman, Festival Coordinator that there is no need
for a plan from them because it will not affect Wadsworth traffic flow. However, having a shuttle
available at the provided parking areas would decrease pedestrian traffic crossing Wadsworth
and walking down 44'h Avenue. This would also help minimize the impact among residences due
to the convenience of a shuttle.
Shuttles Possibilities:
South of 38'h Avenue on Wadsworth: Near Ford Place: Dirt Parking Lot
Wadsworth and 42"d Avenue: Big Lots
Upham and 44'h: Lot Stage Stop Vacant
Volunteers to flag pedestrians:
South of 38'h Avenue on Kendall: Shopping Center
Lamar and 41" Street: Church Parking area
Wadsworth and 42"d Avenue: Big Lots
Upham and 44'h: Stage Stop Lot Vacant
Between Otis and Pierce North of 38'h Avenue: Church: St Peter and Paul
Security:
A total of 15 WR Police Officers and 1 WR Police Supervisor will be at the festival.
The Schedule:
9:00 a.m. to 12:00 a.m. (next morning) -1 supervisor
9:00 a.m. to 2:00 p.m. (5 hours) -- 4 officers.
2:00 p.m. to 10:00 p.m. (8 hours) - 6 officers.
4:30 p.m. -12:00 p.m. (7.5 hours) - 5 officers.
The WR Police Supervisor will pre-plan for officers to sign up and will send out
notifications about public service.
Attachments:
Wheat Ridge Site Plan - Bird Eye View
Wheat Ridge Art Festival Traffic Control Plan Attachment
Wheat Ridge Art Festival 38th Wadsworth
Wheat Ridge Art Festival 38'h Pierce
Wheat Ridge ASK Letter Main
Page 5 of 5
Aut 17 07 10: 35a
Ra~ Kaufman
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p."
~<WD..ce;1ll1tt<'o)1UL~
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. NACLE OF LENCE
Date:
July 17, 2007
7340 W 44th Ave, Wheat Ridge, CO 80033
Address:
Re:
Wheat Ridge Taste of the Arts Festival: Parking
To Whom It May Concern:
Through the partnership of the Wheat Ridge Arts Council, Colorado Folk Arts Council, Wheat Ridge 2020,
and Wheat Ridge Business District we are organizing a fantastic community event to celebrate the Arts
and promote the Wheat Ridge Central Business District. We are planning a Street Festival for Saturday,
September 15, 2007. The festival will take place on 38th Avenue from Pierce to Wadsworth and will
provide festival goers an opportunity to view Art, Classic Cars, sample Culinary Delights, listen to live
music, and stroll through our local businesses within the community. The festival will set up at 5:30 AM;
with events from 9:00 AM to 10:00 PM; and clean up and restoration 11:00 PM. We need your support to
make this project a success. .
The purpose of the festival is to provide Wheat Ridge with a program that raises awareness of the arts
and culture in our community and also provide an event that promotes community pride. Although the W.
38th Avenue and adjacent streets will be closed off on Saturday for the festival, foot traffic should exceed
normal walk-ins during Festival Hours.
. We are asking for your help to use the current vacant lot for the festival parking. Access would be entered
and exited through W. 44th Street and Upham Street. We feel that we could place at least 200 cars into
this lot and would have enough access for cars to leave at their convenience. Volunteers would direct
traffic into these spots. Shuttle service will be available within this parking location to encourage people to
park in the provided parking spaces. This shuttle will help increase public safety along city streets and
decrease parking within residential areas.
Please let us know your thoughts and concems about using the vacant lot near your facility. If there is
anything the festival committee maybe able to do so to help your customers understand your
participation, please inform us Immediately. If you would like more up-to-date Information, please visit
www.momentoushaooeninos.com/wnnain.html
Please contact Ms. Kelby Kaufman, Festival Coordinator at Momentous Happenings LLC, if you have any
questions regarding our project. Her direct line is (303) 210-6039.
'/KI i(~ .f. )'''If''''
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Thank you' for your support.
Sincerely,
Kelby Kaufman
Event Planner
Momentous Happenln9s LLC
2330 S. Ellis Ct
Lakewood CO 80228
303-210-6039
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Date:
Address:
Attn:
Re: Donation for Wheat Ridge Taste of the Arts Festival
Dear
The Wheat Ridge Arts Council, Colorado Folk Arts Council, Wheat Ridge 2020, and Wheat Ridge
Business District are organizing a fantastic community event to celebrate the Arts and promote the Wheat
Ridge Central Business District. We are planning a Street Festival for Saturday, September 15, 2007. The
festival will take place on 38'" Avenue from Pierce to Wadsworth and will provide festival goers an
opportunity to view Art, Classic Cars, sample Culinary Delights and stroll through our community. The
Partnership of The Arts Council and Business District Is making' this event possible and providing a
wonderful event to highlight our community. We need your support to make this project a success.
The Purpose of the festival is to provide Wheat Ridge with a program that raises awareness of the arts
and culture in our community and also provide an event that promotes community pride. This year, we
are working to engage our community organizations to help raise $ to provide
music, entertainment, public safety and participant accommodations for the festival. We are asking for
your assistance in raising these funds by providing a donation in the amount of 0$100 0$50 0$25
o$other
Please contribute by submitting a check made payable to Momentous Happenings LLC, with a notation
referencing the Wheat Ridge Festival Project. Please submit contributions by , 2007.
Checks can be mailed to:
Momentous Happenings LLC
2330 S. Ellis Court
Lakewood, CO 80226
Please contact Ms. Kelby Kaufman, Festival Coordinator at Momentous Happenings, LLC, if you have
any questions regarding our project. Her office number is (303) 210-6039.
Thank you for your support,
Sincerely,
?'"?
~~(.~
"--~
i~~L0U1~~
Jerry DiTullio
Mayor of Wheat Ridge.
City of Wheat Ridge
303-235-2800
Robert J. Osborn, Esq.
Executive Director
Wheat Ridge 2020
720-259-1030
Kelby Kaufman
Event Planner, CEO
Momentous Happenings LLC
303-210-6039
ITEM NO: :.1 .
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 27,2007
TITLE:
RESOLUTION NO. 6-2007, A RESOLUTION ADOPTING THE
WADSWORTHCORruIDORSUBAREAPLAN
~ PUBLIC HEARING
o BIDSIMOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
~
No
Mil
Interim co~uni~ment Director
~~rQ)
City M~er 6"
BACKGROUND:
The Neighborhood Revitalization Strategy (NRS) approved by City Council in 2005 emphasized the
importance of the revitalization of Wadsworth Boulevard through Wheat Ridge. A priority strategy
listed in the NRS was the development of a subarea plan for Wadsworth Boulevard. Winston and
Associates was hired in the fall of 2005 to prepare the Plan.
The purpose the Plan is to provide guidance regarding future roadway design and right-of-way needs
for property owners and future developers as they consider redevelopment along the corridor. The
Plan is an advisory planning document, not a regulatory document, and is not intended to be an
engineering study. The Plan can be revised as further progress is made on revitalizing Wadsworth
Boulevard. It is not a regulatory document requiring right-of-way dedication, nor will it be used for
right -of-way acquisition. Detailed engineering studies and maps examining the impacts of right-of-
way acquisition will be done as part ofCDOT' s environmental studies since Wadsworth Boulevard is
a state highway and under the jurisdiction of CDOT. The Plan is a tool to guide staff, Planning
Commission and City Council, and land use applicants in making decisions about development on
Wadsworth Boulevard before CDOT undertakes their environmental studies.
A recommended Future Land Use Map is included in the Plan. It recommends mixed use with some
higher densities between 38th and 44th Aves. in an effort to create a town center. It recommends the
transitioning out ofland uses and densities from Wadsworth Boulevard to be compatible with the
surrounding single family neighborhoods. The Plan does not rezone or condemn land, it provides
recommendations should landowners seek rezoning. Any references to eminent domain or
recommended changes to the City Charter regarding densities as was included in the original version
of the Plan have been removed.
Six public meetings were held between December 2005 and November 2006 including a three design
charrette attended by approximately 100 people. Information regarding public meetings and the
planning process were regularly advertised on the City website, Channel 8, the Connections, and the
Transcript. Thousands of notices were mailed to property owners in the planning area notifYing them
of meetings.
In addition, in June of this year, meetings were held with individual property owners along Wadsworth
Boulevard. Also, dozens of property owners along Wadsworth Boulevard were invited to an open
house June 7, 2007 regarding the Plan.
Through the development of the Plan, numerous meetings were held with City staff and CDOT
discussing various roadway design options and CDOT's plans for Wadsworth Boulevard.
Two City Council study sessions were held in July, 2006 and May, 2007 regarding the Wadsworth
Corridor Subarea Plan.
EXECUTIVE SUMMARY:
The Plan has been revised based on motions made at City Council's July 9,2007 meeting. These
revisions include the following:
· To indefinitely postpone City Council Resolution 15-2007 a resolution amending the 2007
budget of a Wadsworth Boulevard traffic study by the City.
. To rescind parts of the motion made on March 26, 2007 directing staff to refine the road
design concepts and present them to Council prior to October 23,2007, and directing staff to
prepare an overlay zone to establish a build-to-line.
. To modifY the Plan to read the public road improvements along Wadsworth Boulevard with
the plan area shall not exceed 150 feet in width.
· To modifY the language in the Plan regarding the preferred alternative of a Multi-way
Boulevard to include a range of alternatives including the Multi-way Boulevard, the Modified
1999 Plan and the Asymmetrical Boulevard
· To modifY the Architectural and Site Design Manual to change the overlay designation along
Wadsworth Boulevard within the Plan area from the "Contemporary Overlay" to the
"Traditional Overlay." Within the setback range established for the "Traditional Overlay"
area, the City Manager's office shall set a minimum and maximum building setback so that the
pedestrian features ofthe three roadway design alternatives are preserved.
Also included in the July 9,2007 motion was the following language:
"August 27,2007 Public Hearing
(public Hearing motions and resolutions to be drafted by the City Managerl.s Office as
needed based on the following action plan below)
. At a public hearing, City Council will act on the modified plan. City Council believes it is in the
best interest of the community to further study the range of roadway alternatives for Wadsworth in
conformance with the National Environmental Policy Act (NEPA). To that end, upon adoption
of the Wadsworth Plan, the City Manager.s Office shall:
o Submit a Transportation Improvement Plan (TIP) application to the Denver
Regional Council of Governments for a Wadsworth Corridor NEP A study.
o Prepare a budget amendment to the 2007 budget for 50% of the costs of the
NEP A study. The monies will be taken out of the city.s reserve and used as a
50% match. The monies will only be used if 50% funding from other sources,
such as CDOT or DRCOG, is obtained.
. In a separate resolution, approve a budget amendment to pay 50% ofthe costs of the
NEP A study. This need not be done untiICDOT is ready to do the study. Otherwise,
a supplemental appropriation will have to be made each year to carry over the funds.
. Direct the City Managet.s Office to submit a copy of the 1999 Wadsworth Plan to CDOT as
additional information to consider during the NEP A study."
Adoption of the Subarea Plan would supercede the Comprehensive Plan for this area of the City.
Adoption of the subarea plan implements Council's strategic goal of preparing for growth and
opportunities.
COMMISSION/BOARD RECOMMENDATION:
The Planning Commission recommended adoption of the revised Wadsworth Corridor Subarea
Plan at an August 16,2007 meeting by a 5-1 vote with the following amendments:
. Delete the last sentence of paragraph 3.7 on page 14 of the Wadsworth Corridor Subarea
Plan which reads, "If densities of over 21 units per acre were to be considered, a City
Charter amendment would be required. "
. Reference to the 150 foot width for Wadsworth Boulevard shall be revised to read "150
feet or less" rather than "not to exceed 150 feet. "
A friendly amendment was proposed and accepted to change the Recommended Land Use Map on
page 10 for the yellow area from medium density to low to medium density and to change paragraph
3) on page 9 under Future Land Use to read low to medium density rather than medium denity.
STATEMENT OF THE ISSUES:
A revised copy ofthe Wadsworth Corridor Subarea Plan was delivered to Council on August 10.
The existing Comprehensive Plan recommends improvements based on the 1999 Wadsworth
Boulevard Corridor Plan. These recommendations are not consistent with CDOT's future plans for
widening Wadsworth Boulevard. CDOT must consider locally adopted plans when preparing
Enviromnental Impact Statements (EIS). An EIS would-be required for Wadsworth Boulevard since
federal funds would be used for roadway improvements. Approximately $30 million has been
allocated in CDOT's long range plan for the widening of Wadsworth Boulevard from 1-70 to 36th Ave.
Landowners along Wadsworth Boulevard have shown interest in redeveloping their properties. A
challenge has been the uncertainty of how much right-of-way would be needed for future roadway
improvements. The Subarea Plan recommends a maximum roadway width which provides guidance
to property owners and potential developers as they look at redevelopment plans. CDOT and City
Public Works staff was involved in the development of the concepts in the Subarea Plan.
AL TERNA TIVES CONSIDERED:
Several alternative roadway and land use scenarios were investigated during the public workshops.
.FlNANCIAL IMPACT:
There is no financial impact to the City as a result of adopting the Plan.
.RECOMMENDED MOTION:
"I move to adopt Resolution 06-2007, a resolution adopting the Wadsworth Corridor Subarea Plan."
Or,
"I move to adopt Resolution 06-2007, a resolution adopting the Wadsworth Corridor Subarea Plan,
with the following amendments: 1)
Report Prepared by: Sally Payne
Attachments:
1. Planning Commission Memo
2. Planning Commission Minutes
3. Planning Commission Resolution
4. Resolution No. 06-2007
PLANNING COMMISSION
LEGISLATIVE ITEM STAFF REPORT
MEETING DATE: August 16, 2007
TITLE:
Wadsworth Corridor Subarea Plan
CASE NO.
WP A 06-03
cgJ PUBLIC HEARING
cgJ RESOLUTION
D CODE CHANGE ORDINANCE
D STUDY SESSION ITEM
Case Manager: Sally Payne, Senior Planner
Date of Preparation: August 8, 2007
Enclosed is a copy of the revised Wadsworth Corridor Subarea Plan. The Plan was prepared by
Winston and Associates over the course of the last year and a half. Preparation of the Plan fulfills one
of City Council's strategic goals to prepare plans for subareas in the City in order to prepare for
growth and its opportunities. Wadsworth Blvd. was selected as on of the first subarea plans due to the
need to define a roadway design and right-of-way needs for property owners and future developers as
they consider redevelopment along the corridor. Wadsworth Blvd. is a state highway meaning the
Colorado Department of Transportation (CDOT) has jurisdiction over the roadway and will ultimately
decide how Wadsworth Blvd. will be widened.
In regards to public outreach, five public meetings were held during development of the Plan,
including a two and one-half day planning charrette and a working meeting where a Visual Preference
Survey and land use mapping exercise were undertaken. Thousands of notices were sent notifYing
people in the planning area of these public meetings.
To recap the sequence of events related to the Plan adoption, Planning Commission was first presented
the Plan at a public hearing on February 1. At that meeting, the Commission requested revisions be
made to the Plan and that it be brought back for reconsideration at a March 1, 2007 public hearing. At
the March 1, 2007 hearing, the Commission recommended denial of adoption of the Plan by a 4-3
vote.
The Plan went to a March 26, 2007 City Council public hearing. At this hearing, Council made a
motion to endorse the goals, land use concepts, urban design recommendations and implementation
steps of the proposed plan. Council also requested that more detailed roadway design studies be done
and that a budget amendment be processed to pay for such as study. Please see the attached City
Council meeting minutes from the March 26 meeting for the full motion made at this meeting.
ATTACHMENT 1
At a July 9, 2007 public hearing, Council made a motion to revise portions of the Wadsworth Corridor
Subarea Plan and to indefinitely postpone amending the budget for funding of more detailed roadway
design studies. Please see the attached memo from Mayor DiTullio detailing the revisions to be made
to the Plan. .
This most recent version of the Plan reflects revisions based on direction from City Council at their
July 9, 2001 public meeting. In summary, revisions to the Plan include changing the 162 foot width
for improvements to Wadsworth Blvd. to 150 feet, removing the Multi-way Boulevard as the preferred
alternative and including a range of alternatives for consideration including the Multi-way Boulevard,
the modified 1999 Wadsworth Boulevard Corridor Plan and the Asymmetrical Boulevard. In addition,
the Architectural and Site Design Manual is to be modified for Wadsworth Boulevard from a
Contemporary Overlay to the Traditional Overlay.
As was previously mentioned, based on City Council's motion from their March 26,2007 meeting,
changes have not been made to the goals, land use concepts, urban design recommendations and
implementation steps of the Plan with the exception of revisions referencing the Multi-Way Boulevard
as the Preferred Alternative.
BACKGROUND ON REGIONAL TRANSPORTATION PLANNING:
The Denver Regional Council of Governments (DRCOG) is the region's Metropolitan Planning
Organization. As such, DRCOG develops and updates a Metro Vision Regional Transportation
Plan (Metro Vision RTP). This plan presents the vision for a multimodal transportation system
that is needed to respond to future growth in the Denver Metro area. The Metro Vision RTP
identifies nUmerous improvement projects needed in the next 25 years. Those projects that have a
reasonable expectation of construction, based on projected revenues, are further identified in the
fiscally constrained Metro Vision RTP. DRCOG also develops a short term Transportation
hnprovement Program (TIP) which identifies federally funded transportation improvements to be
completed by CDOT, the Regional Transportation District (RTD) and local governments over a
six-year period.
DRCOG reviews CDOT submitted projects for consistency with the Metro Vision RTP. If
funding is proposed by CDOT in the next 25 years, the projects are included in the current fiscally
constrained RTP. At this time the segment of Wadsworth Blvd. from 36th Avenue to 46tl, Avenue
is included in the Fiscally Constrained 2030 RTP, with an estimated cost of$13.9 M. The
remaining sections of Wadsworth Blvd. in Wheat Ridge are listed as un-funded widening projects
in the Metro Vision RTP.
The actual design and construction of Wadsworth Boulevard improvements will be implemented
by CDOT. Once a project is included in the TIP a concept plan is prepared and enviromnental
studies and clearances are pursued following the Federal process. During the enviromnental
process several alternative plans are evaluated and public input is solicited. A community-
supported plan for Wadsworth Blvd. would be likely be considered as one of the alternative plans
during the enviromnental process.
STATEMENT OF ISSUES:
City Council has stated that upon adoption of the Wadsworth Corridor Subarea Plan, the City will
submit a TIP application to DRCOG for a Wadsworth corridor Nationai Environmental Protection
Act (NEP A) study.
The Plan is a planning document, not an engineering study. The Plan is not a regulatory document
requiring right-of-way dedication, nor will it be used for right-of-way acquisition. Detailed engineering
studies and maps examining the impacts of right -of-way acquisition will be done as part of CDOT' s
environmental studies. The Plan is a tool to guide staff, Planning Commission and City Council, and
land use applicants in making decisions about development on Wadsworth Blvd. before CDOT
undertakes their environmental studies and widening.
The Wadsworth Coiridor Subarea Plan is proposed to supercede the Comprehensive Plan for the area.
The existing Comprehensive Plan references the unadopted 1999 Plan regarding improvements to
Wadsworth Blvd. Since the 2000 Comprehensive Plan was adopted, CDOT has projected funding in
their long range plan for the widening of Wadsworth Blvd. as previously mentioned.
References are made in the text of the Plan to the Appendix. It is a lengthy document so it has not
been included as part of this packet. Please contact the Community Development Department to
obtain a copy of the Appendix if desired. If you have any questions regarding the Plan, please contact
Sally Payne at 303-235-2852 or spayne@ci.wheatridge.co.us.
Notice as required by state statute for the hearing as been provided. (Notice in the Transcript
newspaper.) In addition, notices regarding the public hearing were sent to a mailing list of
approximately 1000 persons located in the planning area.
Staff recommends adoption of the Plan. A motion to adopt a resolution recommending adoption of the
plan by City Council is needed.
Suggested Motion:
"I move to adopt Resolution 01-2007, a resolution recommending adoption of the Wadsworth
Corridor Subarea Plan, and forwarding this recommendation along with the Resolution to the City
Council for their consideration."
Attachments:
1. Wadsworth Corridor Subarea Plan
2. Planning Commission Resolution
3. Memo dated July 2, 2007 from Mayor DiTullio - "Wadsworth Corridor Plan
Recommendations and Next Steps"
4. March 26, 2007 City Council Meeting Minutes including motion on the Wadsworth
Corridor Subarea Plan
7. PUBLIC HEARING
fA.
Case No. WPA-06-03: A resolution adopting the Wadsworth Corridor
Subarea Plan.
The case was presented by Saily Payne. She entered ail pertinent documents into
the record and advised the Commission there was jurisdiction to hear the case.
She reviewed the staff report and digital presentation. Staffrecommended
approval for reasons outlined in the staff report.
Commissioner BRINKMAN commented that the SubarellPlan is an advisory
document to help guide future development in regard,t~',~uch things as setbacks
and design until such time as the Colorado Oepartment'l'iffIighways (COOT)
completes their studies and determines the final wiuth ofWa4~worth.
Vice Chair CHILVERS asked to hear fronrmembers of the pubH~,~t this time.
Patricia Fisher
7609 West 47th Avenue
Ms. Fisher stated her oppositio.n to the entire .. orth Corridor Subarea Plan.
She stated her belief that the cY;>:ll.Jlcting like it i 'done deal." She expressed
concern that many area resident "tT.aware that t i-an could cause them to
";"S"?--":'j/"'",
lose their homes to be replaced .... mi(f"~~~~~h.!ise a~\lrtments. The plan would
also reduce market value of homes'l.n t4;.1)lTlu:eii~il1l3ill'~;l:tlso expressed concern that
eminent domai~W'&'i'l;~~~~;.fcur to tak~~~{~idences.;She submitted a copy of court
proceedings i,!j{1971 ai1&t~1J72 which I,,?und that the Hillcrest Heights covenants
were regist~f'& d tha ;'$ning could d"my,be changed by a vote of the residents.
She stated that t .;~~ould.Jg taken to the voters rather than being
deci by :1'8:Ji1@,;fjftther stated that there should have been
-=
I\li. out t '~Joposed plan and suggested that ail residential and
',~siness owne '.(~guld 'fe~9}x~..a copy of the plan with a map before the plan is
e;~!:J;~.idered again.i,};, .',
~~:t\:~l:_, t~@;
In r~~'~~~e to a qu~"on from Commissioner BRINKMAN, Ms. Fisher stated
that she" s t4~jfuture land use plans but was not concerned with the
wideningsWorth.
Patricia Johlison
7835 West 48th Avenue
Ms. Johnson acknowledged that Wadsworth needs to be widened and asked if
COOT needed to complete their work before Wheat Ridge could move forward
with revamping properties. She also wanted to know what the time frame would
be. She expressed concern about a decrease in property values and the possibility
of condemnation of properties.
. ... ATTACHMENT 2
PlalU1mg CommISSIOn Mmutes
August 16,2007
Commissioner BRINKMAN asked Ms. Johnson if she had attended any of the
meetings held by Winston and Associates regarding the Subarea Plan. Ms.
Johnson said she didn't attend because she didn't know about them and she has
lived in her home for 25 years.
Vice Chair CHIL VERS asked staff to explain timeframes and possibilities of
condemnation. Sally Payne stated that references in the original document
regarding eminent domain and condemnation had been removed from the plan.
She also stated she was not aware of any plans by the city to do any rezoning or
condemnation. The Subarea Plan is to provide guidance fQI: future land use.
Patricia Johnson returned to the podium. She stated,~"t she was not aware of
the revised document. "
i/o'!;-
Sally Payne stated the revised document wa&;Jll'ii.ced'on the cit~'s website a week
ago.
Betty Booz
7695 West 4Sth Avenue
Ms. Booz agreed with the previous speakers. ted that she spent $250,000
several years ago to renovate l1'~!t~ e and expres oncern about the loss of
property value. She stated that ~l)'e desire to . ,if tom her property and
no monetary value can be placed'&p- he . '. .".,She al~0''stated that she had not
been informed abo~tthe plan exce~ttlmetigh iD'f'@rtrl1ition received from
neighbors. She.~ii1fjj~~~rJs.e the idea dfcihe Subari~'Plan being thrown in with the
widening of ~dswo~~Sb,
'S:",f.!f2~' fe;)l@
. . . ";:~{:i;';:0. /,:>1:...
Debbie Fldnch "'~J% fr"',>;,;.....,
37 UT 46ths:1t#:;>-:;:>Y\\'h;(;;-'\t~:;;fl,;\').'.::~
77 .,' ,r.!'est.,.,'7,( ~y.".,."
~$lvFla?~'~~~;,,,gre()l. ,h the pr;;'tious speakers. She stated that the city has
;;~Pt taken residew~!Jnto c' . ,ation in formulating the Subarea Plan. She also
, .. d that she ha'tl:,~~ver re ed results from the neighborhood impact study that
d ~&'ti/~; b .,
pose to ha~~ een"i:lone.
}!,.J>.
,~
~'>;l!:'_ ,..
Kent D~!S., .. ;,-
SOSO Me\"tii've
Mr. Davis r~,i '~nted the commercial property on Wadsworth between 38th and
44th A venues'which has been in his family for one hundred years. He expressed
concern about the proposed width of Wadsworth. He stated that property owners
would fight CDOT but would rather not fight the City of Wheat Ridge. He
wanted to know what the final width of Wadsworth is proposed to be. He
believed that 120 feet would be a desirable width when the highway is widened.
He also expressed opposition to service roads along this area of Wadsworth. He
did not believe they would add to pedestrian safety.
Planning Commission Minutes
- 3 -
August 16,2007
Karen Tannaccio
7815 W. 47th Avenue
Ms. Tennaccio expressed concern about property values because of the
uncertainty involved with the pian and Wadsworth widening. She doesn't know
if she should upgrade her property. If she decided to sell her home, she was
concerned about the market value being affected by the Subarea Plan area.
Thomas Slattery
6869 W. 32nd Avenue
Mr. Slattery agreed that changes have necessitated the wiq.!lping of Wadsworth.
He believed a maximum of 150 feet right of way might1;l;~'hecl;ssary in some
places but CDOT requirement for six lanes is 130 feyW.f1'f!e would like to see base
right of way of 130 feet or less specified in the pl~!1tWe~~~ pleased to see that
all references to changing the city charter had ~ee'ii:Jdeletea;If.~.J11 the plan. He
sympathized with the property owners' conc.!l#fu'!h'..I'l'e stated tn;~~y, should be no
provision for spot zoning to allow highergefisity. He would al . e to see
broader landscaping requirements alOJ1g~~ sides 6~W adsworth V:i ,.1~i'~ould
provide excellence of design and a softenlti gJ~rglPY developeclr~eas. He
stated that citizens are not powerless against' .IT because of a Federal act
which can restrain adverse imgacts on commun \'i:(}ffederal funds are involved..
;, . ',. "'&:f;',t>,~
Vice Chair CHIL VERS asked w~a.t0t~eJl~)!gical widtil~%i~along Wadsworth. Mr.
Paranto explained that current wid.tj1s v!fi'~iWP}?' coml1).lfuity to community.
Widths are 130 feet wide:'+!nt~~~aiJ , . double turn lanes require
greater widths. provid'~f'for a ran 'of alternatives including six
lanes and a s a fronta~ road scenario that would minimize the
width of as""
;~'q;'("
Loujsei'~U,r,"'er
U25bW:'~&l~J.
'..:BC .~., 'if'
.,~s. Turner st at sll~~cJjJeved the plan should be tabled indefinitely. In
l~~ill1 meetings, ( . s rep6~'f:(! that there was no urgency to implement the Plan.
HO~"Y,7r, in a few..,,,eks tHe Wadsworth widening project was before the DIRT
CO~~l;;~ to priodll'7:e. She didn't think there has been enough publicity about
the plari:Jl~x didp4Pibelieve the city should be going after other street projects
when ther~l'~~9"i~iich street improvement going on in connection with the
Cabela's proI"t: The plan changes the entire concept of commercial and
residential d6velopment for the mid-section of the city. Wheat Ridge 2020 wants
to develop an identity for the city when citizens have fought for years to preserve
the existing identity of Wheat Ridge. The inclusion of high density is offensive.
She stated there has been disregard for residential and commercial property
owners in formulating the plan. This type of plan should only be considered if it
is something the public wants. The citizens have not been adequately informed.
Commissioner REINHART asked staff to review the requirements for public
notification in cases such as this. Sally Payne stated that the law requires
Planning Commission Minutes
-4-
August 16, 2007
notification in the newspaper of record (The Transcript) regarding public
hearings. There is a mailing list of over a thousand property owners who were
notified of meetings. There were articles in The Connection, Channel 8 and on
the city website. There were also two articles about the plan in The Transcript.
The rules for public outreach have been followed.
Nancy Snow
11155 West 40th
Ms. Snow stated that she has attended other meetings about the plan, but was not
notified ofthis meeting. She was pleased that references t}l;,changing the city
charter had been deleted from the plan. She asked the P "''''lug Commission to
consider how this plan would divide the city. Also, q , lopment with
commercial at street level and residential on top dg,(j"' "nJ,;\tract families with
children. It leads to crowding and increased crinfeiL Much!!\il~,the development
will end up as rentals. She also believed thllFlxdiu,ipg the meetl;!l.~~l the consultant
"led" citizens into saying what the consut~~t wanted to hear. S1!l:~;~as opposed to
placing high density development on ~~'~j,ddle sct+?ol parking lobi{
.".:,<:<
Roger Loecher
4599 Carr . ';;tti'17'
Mr. Loecher did not believe ssary. Two more lanes on
Wadsworth at 44th would increacrlike to see the plan say
"150 feet or less" rather than sa \ ,,' ....ed 15 eet." Widening
Wadsworth will take.~lot ofco~I~1~J$-imrt\'~~llPlial property. He was
opposed to tak}t . that wonl!t~Be properly/used.
podium to i~l&,what the plans are for Wadsworth south
OT widen Wadsworth to carry the
9ng the corridor. The minimum project would
es re ." ng 96 feet, a 20- foot median and 10- foot sidewalks.
sidewalks is to accommodate pedestrian and bicycle
as a requirement for 5- foot tree lawns between sidewalks
. fore, a ISO-foot width is realistic. Further, RTD has also
corridor along Wadsworth. The environmental process may
scenario.
Commissioner REINHART expressed concern that the 150 foot width would
allow pavement from curb to curb with no safety zone or median.
Karen Tannaccio returned to the podium and asked how traffic could be judged
at this time if CDOT won't start the project for several years.
Tim Paranto stated that traffic projections are available. In fact, present traffic
volume warrants the widening of Wadsworth now but funds are not available.
Planning Commission Minutes
- 5 -
August 16, 2007
Service levels are rated on a scale from A to F and the evening rush on
Wadsworth is rated at F. The Subarea Plan would serve as a guide to owners
along Wadsworth who want to do something with their property.
Patricia Fisher
She stated that even though language about eminent domain had been removed
from the Subarea Plan, the revitalization plan says that the city should be willing
to use eminent domain. She believed the Wadsworth corridor plan sh9uld be
separated from the Subarea Plan and homes should be removed from the Subarea
Plan.
Larry Meade
7835 W. 48th Avenue
Mr. Meade expressed concern that high density h<i>4sing wi:Im.~mly add to the
heavy traffic volume that already exists on \Mti'1l1sMTorth.
Commissioner BRINKMAN ~9mmented that
character of Wheat Ridge anY'W~~'fFc~an other ma
of the cities where they are 10cati;'U\cf~i\~ borhoods . L.f\1Jl'1e way businesses are
laid out reflect the character of a c(i}' ..~.~he sta~tl her belief that
redevelopment alon Wadsworth ;ilt;~ejJ~' 1~'~lflf'a~se developers do not know
the parameters..~. . area Plan yAtl'provide g,l!l'i'delines for development.
Without the A'Jarea businesses'~9n't know what types of families would be
supporting' sine 'i",f
;'''~i1:~~~!'lm\Vadsworth does not defme the character
dswortn'improvements to future land use presents a
.IC in and out of Wheat Ridge in an effective way.
ent wallow for a more active use in a more controlled
auk t~rking lots in the frontage. He did not believe the
demnation.
CHIL VERSClosed the
There were no other individuals to speaJ;i;,~,Yice
public hearing at 8:22 p.m.
.:'"
;',.";;.';.c''' ._c;<:'
. .'i.'1;";o:,: . ,,+,ii'
Commlssld't1~j:",,$lI'EW ART stated that she attended a number of the meetings.
She expresse~ifconcern that there is no provision in the plan for low density
development: While there needs to be a plan for future development, she did not
believe that residential over commercial was necessarily the way to go. Multi-
use would not attract young vibrant families. Wheat Ridge has second and third
generation families and medium to high density development would change that.
She agreed with the change in the width of Wadsworth but would like to see it
smaller. There are many empty places along Wadsworth and something needs to
be done to make it more appealing for businesses to locate. This plan would give
guidance to future business development. She expressed concern about the effect
on family homes. The future is for families who have invested in their homes.
Planning Commission Minutes
-6-
August 16,2007
Commissioner SPANIEL agreed that Wadsworth must be widened. However, she
was concerned about the medium to high density part of the plan.
Commissioner REINHART commented that there are a lot of single family homes
in Wheat Ridge. Higher density along Wadsworth would serve as a buffer
between the corridor and single family homes.
Commissioner MATTHEWS commented that the character ofthe neighborhood
will definitely change in the next ten to twenty years, either for better or worse.
Action can be taken now that will make that change for th~))etter.
It was moved by Commissioner MATTHEWS anQ;ig~,~onded by
_',_:,:"-';:';-;",'".J:",
Commissioner REINHART to adopt Resolutio~\lJl-Z~Jk'k a resolution
recommending adoption of the W adsworth <::iH;~idor Slj'~:~{ea Plan and
forwarding this recommendation along ,,:itliitll~ Resoluti(f\t~*Q the City
Council for their consideration, with t4e,followlng amendmeitls:
,"~'J.t,!;'
Delete the last sentence of paragraph 3:9rt~!!!. pagTj4 of the Wads;,worth
Subarea Plan which reads, "If densities oiii?';li its per acre wire to be
considered, a City Charter a~tfcndment woul ' uired."; and that the
reference to the 150 foot widf~i1f;.:Wadsworth Jj .,anged to read "150 feet or
less" rather than "not to exce~~i'i'51it." "',i:;::j@';,$i"
~~_," Jfiir
Commissioner STEWART offerejl a fp en "'ildment to change the
."':~JC':;'?i:'" ,.",:- :-,,~;'
yellow areas ot:!h'i\lf',r on page 10tl/fthe Waworth Subarea Plan from
medium den.~ll' to l~ edium de~~ity and change paragraph 3 on page 9
to read 10W'lfj'f!4~.t:lium .... sity rather '~~~n medium density.
;)s/'f:;;-,{y-:;?:.:............... ::;L'~
:~tWi~~(~~p.r€d by Commissioners MATTHEWS and
t
ommissioner SPANIEL voting no and
and SCEZNEY absent.
8.
;:~V'^
Ff:S
OTHE ,EMS."
There werttih otn6r items to come before the Commission.
'~'i;JJ'
9.
ADJOURNMENT
It was moved by Commissioner REINHART and seconded by Commissioner
BRINKMAN to adjourn the meeting at 8:45 p.m.
James Chilvers, Vice Chair
Ann Lazzeri, Secretary
Planning Commission Minutes
- 7 -
August 16,2007
CITY OF WHEAT RIDGE PLANNING COMMISSION
RESOLUTION NO. 01
Series of 2007
A RESOLUTION OF THE PLANNING COMMrSSION OF THE CITY OF
WHEAT RIDGE, COLORADO, CONCERNING THE ADOPTION OF THE
WADSWORTH CORRIDOR SUBAREA PLAN
WHEREAS, the City Council of the City of Wheat Ridge adopted a Comprehensive Plan
on October 25, 1999 and amendments were considered and adopted in January 24,2000; and
WHEREAS, the Wadsworth Boulevard Corridor: Transportation, Land Use, and Design
Plan prepared in 1999 was not officially adopted, the Wadsworth Corridor Subarea Plan updates
the 1999 Plan and provides direction regarding future roadway design for current landowners,
business owners, and future developers to work to stimulate economic development along the
corridor; and
WHEREAS, the Comprehensive Plan adopted in 2000 referenced the unadopted 1999
Plan regarding improvements to Wadsworth Blvd; and
WHEREAS, the City Council directed staff and its consultant to prepare a subarea plan
for the area generally bounded by 1-70, Upham St., 26th Ave. and Yarrow St. in fulfillment of one
of the Council's strategic goals; and
WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be
amended by the City from time to time; and
WHEREAS, City Council desires to amend the Comprehensive Plan to address changed
circumstances related to CDOT's commitment of funding in their long range plan for the
widening of Wadsworth Blvd. from 36th Ave. to 1-70; and
WHEREAS, Planning Commission has held a public hearing as provided by C.R.S. 31-
23-208 and Section 2-60 (b) of the Wheat Ridge Code of Laws; legal notice thereof duly
published in the Wheat Ridge Transcript on January 18, 2007.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Wheat Ridge, Colorado, as follows:
1. The Planning Commission of the City of Wheat Ridge hereby recommends
adoption of the Wadsworth Corridor Subarea Plan attached as Attachment 2.
2. The Planning Commission recommends that the Wadsworth Corridor Subarea Plan
supercede the Comprehensive Plan for the portion of the City covered by the
Subarea Plan.
3. A copy of this resolution shall be forwarded to the City Council.
1:\Comdev\WadswOIth Subarea Plan\pc resolutionS- A TT A CHMENT 3
DONE AND RESOLVED THIS
ATTEST:
,v~~pLJ
Secretary to tl'?e Planning Commission
if-O day of A 1.Kj/Js!- ,2007.
~~~
C~R, PLANNING COMMISSION
I:\COlndev\Wadsworth Subarea Plan\pc resolution8-16.doc 2
CITY OF WHEAT RIDGE CITY COUNCIL
RESOLUTION NO. 06
Series of 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, RECOMMENDING ADOPTION OF THE
WADSWORTH CORRIDOR SUBAREA PLAN AND BY SUCH
ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE
PLAN
WHEREAS, the City Council of the City of Wheat Ridge adopted a Comprehensive Plan
on October 25, 1999 and amendments were considered and adopted in January 24,2000; and
WHEREAS, the Wadsworth Boulevard Corridor: Transportation, Land Use, and Design
Plan prepared in 1999 was not officially adopted, the Wadsworth Corridor Subarea Plan updates
the 1999 Plan and provides direction regarding future roadway design for current landowners,
business owners, and future developers to work to stimulate economic development along the
corridor; and
WHEREAS, the Comprehensive Plan adopted in 2000 referenced the unadopted 1999
Plan regarding improvements to Wadsworth Blvd; and
WHEREAS, the City Council directed staff and its consultant to prepare a subarea plan
for the area generally bounded by 1-70, Upham St., 26th Ave. and Yarrow St. in fulfillment of one
of the Council's strategic goals; and
WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be
amended by the City from time to time; and
WHEREAS, City Council desires to amend the Comprehensive Plan to address changed
circumstances related to CDOT's commitment of funding in their long range plan for the
widening of Wadsworth Blvd. from 36th Ave. to 1-70; and
WHEREAS, Planning Corrunission has held a public hearing as provided by C.R.S. 31-
23-208 and Section 2-60 (b) of the Wheat Ridge Code of Laws; legal notice thereof duly
published in the Wheat Ridge Transcript on January 18, 2007; and
WHEREAS, the City Council has held a public hearing as provided by Section 2-60 (b) of
the Wheat Ridge Code of Laws; legal notice thereof duly published in the Wheat Ridge Transcript
on January 18, 2007.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
1. The City Council of the City of Wheat Ridge hereby adopts the Wadsworth
Corridor Subarea Plan.
1:\Comdev\Wadswolth Subarea Plan\cc resolution. A TT A CHMENT 4
2. The Wadsworth Corridor Subarea Plan shall supercede the Comprehensive Plan
for the portion of the City covered by the Subarea Plan.
3. An attested copy ofthis resolution shall be attached to the Plan amendment and a
copy of the Plan as attested shall be certified to Jefferson County, Colorado.
DONE AND RESOLVED THIS
day of
,2007.
JERRY DITULLIO, MAYOR
ATTEST:
MICHAEL SNOW, CITY CLERK
l:\Comdev\WadswOIth Subarea Plan\cc resolution.doc
2
ITEMNO: 3.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: August 27,2007
TITLE: COUNCIL BILL 17-2007: AN ORDINANCE PRESCRIBING
COMPENSATION FOR THE OFFICE OF CITY CLERK.
~ PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date: Awrust 13. 2007)
~ ORDINANCES FOR 2ND READING
Quasi-Judicial: D
~
Yes
No
~
Citi Clerk -
City Attorney
EXECUTIVE SUMMARY:
Until the recent past, the City of Wheat Ridge granted the City Clerk the same Employee Benefits package
as other full-time employees of the City. The attached Ordinance grants to the City Clerk, following the
election of November 6th, 2007, the following benefit programs available to other City Employees: Health,
Dental and Vision Insurance, group term life insurance; employee assistance plan, retirement plan,
employee recreation program benefit, tuition assistance program, and other optional programs.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The Wheat Ridge City Clerk had the option to participate in the employee benefits given to other full-time
City Employees until November, 2003. Permitting the City Clerk to participate in the requested plans
available to other City Employees will result in an "1'1',u.Jmate increase of $14,980 in cost to the City
annually.
I Yearly Compensation Costs for Clerk
I Salary
I Social Security
1 Medicare
I Worker's Compensation
I Group Term Life
I Comprehensive Medical Benefits
I Dental Plan
I Employee Assistance Program
I Retirement Plan, CCOERA
I Tuition Assistance
I Employee Recreation Program Benefit
Potential Cost for Added Benefits
Equiv. 20 hr/wk
$29,000
$1,798
$420
$90
$12
$5,639
$381
$29
$1,160
$2,000
$350
$9.571
ALTERNATIVES CONSIDERED:
Equiv. 40 hr/wk I
$29,000 I
$1,798 I
$4201
$90 I
$121
$11,278 I
$7621
$58 I
$2,320 I
$200 I
$350 I
$14,980 I
Grant to the Office of the City Clerk paid benefits equivalent to half-time, 20 hr/wk employees.
FINANCIAL IMPACT:
Allowing the City Clerk to participate in the City employee benefits listed will result in an approximate
annual cost increase to the City of$14,980.
RECOMMENDED MOTION:
"I move to "1'1" u ve Council Bill 17 - 2007 : An Ordinance prescribing Compensation for the Office of City
Clerk for terms commencing on and after the November 6, 2007 regular municipal election on second
reading, and that it take effect fifteen days after fmal publication."
or,
"I move to table indefmitely Council Bill 17 - 2007: An Ordinance prescribing Compensation for the Office
of City Clerk for terms commencing on and after the November 6, 2007 regular municipal election for the
following reasons: "
Attachments:
1. Council Bill 17-2007
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 17-2007
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE
OFFICE OF CITY CLERK
WHEREAS, the City Council is authorized by Charter Section 3.12 to
prescribe compensation for elected officials by ordinance; and
WHEREAS, no such ordinance may increase or decrease such compensation
with respect to a current term of office; and
WHEREAS, the Council wishes to prescribe compensation for the office of
City Clerk for terms of office commencing on and after the November 6, 2007
regular municipal election.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Citv Clerk Comoensation. For terms of office commencing on
and after the November 6, 2007 regular municipal election, the compensation of
the City Clerk shall be as follows:
a. Salarv: $29,000 per year.
b. Benefits: The following benefits shall be provided, to the
extent and at the levels granted to Full-time city
employees: health, dental and vision insurance; group
term life insurance; employee assistance plan; retirement
plan; employee recreation program; tuition assistance
program.
Section 2. Severabilitv: Conflictina Ordinances Reoealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
GED\53027\441422.02
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 3 on
this 13th day of August, 2007, 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 August 27th, 2007, 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 August, 2007.
SIGNED by the Mayor on this
day of
,2007.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: August 17, 2007
Second Publication:
Wheat Ridge Transcript
Effective Date:
2
E)
~ ~
~ "
- ~
u ~
CbLOR/>.QO
ITEM NO:
Ltl
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: August 27,2007
TITLE: COUNCIL BILL 18-2007: AN ORDINANCE PRESCRIBING
COMPENSATION FOR THE OFFICE OF TREASURER.
[8] PUBLIC HEARING
D BIDSIMOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date: Ammst 13. 2007)
[8] ORDINANCES FOR 2ND READING
Quasi-Judicial: D
[8]
Yes
No
~
. -7!"?
/... ..f.-....'"
C..../(,;/'"
-f"
City Attorney
City Clerk
EXECUTIVE SUMMARY:
Until the 1997, the City of Wheat Ridge granted the Treasurer the same Employee Benefits package as other
full-time employees of the City. The attached Ordinance grants to the Treasurer, following the election of
November 6th, 2007, the following benefit programs available to other City Employees: Health, Dental and
Vision Insurance, group term life insurance; employee assistance plan, retirement plan; employee recreation
program benefit; and tuition assistance program.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The Wheat Ridge Treasurer had the option to participate in the employee benefits given to other full-time City
Employees until 1997. Permitting the Treasurer to participate in the requested plans available to other full-time
City Employees will result in an approximate increase of $ in cost to the City annually.
Yearlv Comnensation Costs for Treasnrer
Salary
Social Security
Medicare
Worker's Compensation
Group Term Life
Comprehensive Medical Benefits
Dental Plan
Employee Assistance Program
Retirement Plan, CCOERA
Tuition Assistance
Employee Recreation Program Benefit
Potential Cost for Added Benefits
Equiv. 20 hr/wk
$29,000
$1,798
$420
$90
$12
$5,639
$381 I
$29 I
$1,160 i
$2,000 I
$350 I
$9,571 I
ALTERNATIVES CONSIDERED:
Equiv. 40 hr/wk
$29,000
$1,798
$420
$90 I
$12 I
$11,278 I
$762 I
$58 I
$2,320 I
$200 I
$350 I
$14.980 I
Grant to the Office of the Treasurer paid benefits equivalent to half-time, or 20 hr/wk employees;.
FINANCIAL IMPACT:
Allowing the Treasurer to participate in the City employee benefits listed will result in an approximate annual
cost increase to the City of $14,980.
RECOMMENDED MOTION:
"I move to approve Council Bill 18-2007 : An Ordinance prescribing Compensation for the Office of Treasurer
for terms commencing on and after the November 6, 2007 regular municipal election on second reading, and that
it take effect fifteen days after fmal publication."
or,
"1 move to table indefinitely Council Bill 18-2007: An Ordinance prescribing Compensation for the Office
of Treasurer for terms commencing on and after the November 6, 2007 regular municipal election for the
following reasons: "
Attachments:
I. Council Bill 18-2007
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 18-2007
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE
OFFICE OF CITY TREASURER
WHEREAS, the City Council is authorized by Charter Section 3.12 to
,
prescribe compensation for elected officials by ordinance; and
WHEREAS, no such ordinance may increase or decrease such compensation
with respect to a current term of office; and
WHEREAS, the Council wishes to prescribe compensation for the office of
City Treasurer for terms of office commencing on and after the November 6, 2007
regular municipal election.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Citv Treasurer Comoensation. For terms of office commencing
on and after the November 6, 2007 regular municipal election, the compensation
of the City Treasurer shall be as follows:
a. Salarv: $29,000 per year.
b. Benefits: The following benefits shall be provided, to the
extent and at the levels granted to Full-time city
employees: health, dental and vision insurance; group
term life insurance; employee assistance plan; retirement
plan; employee recreation program; tuition assistance
program.
Section 2. Severabilitv: Conflictina Ordinances Reoealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
GED\53027\441422.02
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 3 on
this 13th day of August, 2007, 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 August 27th, 2007, 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 August, 2007.
SIGNED by the Mayor on this
day of
,2007.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl. City Attorney
First Publication: August 17, 2007
Second Publication:
Wheat Ridge Transcript
Effective Date:
2
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ITEM NO: 51
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 27,2007
TITLE: COUNCIL BILL 20-2007: AN ORDINANCE PRESCRIBING
COMPENSATION FOR THE OFFICE OF MAYOR.
~ PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date: AUllUst 13. 2007)
~ ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
~
No
~
City Clerk
City Attorney
EXECUTIVE SUMMARY:
Until 2001 , the City of Wheat Ridge granted the Mayor the option to participate in the group benefits
of City employees at the full cost to the Mayor. At that time, the City's insurance vendor contract was
determined to require The City to cover a portion of the cost of bene fits, at which time benefit options
ceased for the office of Mayor. The attached Ordinance grants to the Mayor, following the
commencement of the next elected term, the following benefit programs available to other City
Employees: Health, Dental and Vision Insurance, group term life insurance; employee assistance plan,
retirement plan; employee recreation program benefit; and tuition assistance program.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The Wheat Ridge Mayor had the option to participate in employee benefits until 2001. Pennitting the
Mayor to participate in the requested plans available to other full-time City Employees will result in an
approximate increase of $ 13,454 in cost to the City annually.
I Yearlv Comoensation for Mavor
I Salary
I Social Security
I Medicare
I Worker's Comoensation
I Group Term Life
I Comprehensive Medical Benefits
I Dental Plan
I Emplovee Assistance Program
I Retirement Plan. CCOERA
I Tuition Assistance
I Emplovee Recreation Program Benefit
I Potential Cost for Added Benefits
E~uiv. 20 hr/wk
$10,080
$625
$146
$31
$12
$5,639
$381
$29
$403
$2,000
$350
$8,802
ALTERNATIVES CONSIDERED:
E.lluiv. 40 hr/wk
$10.080
$625
$146
$31
$12
$11.278
$762
$58
$806
$2,000
$350
$13,454
Grant to the Office of the Mayor paid benefits equivalent to half-time, or 20 hr/wk employees;
FINANCIAL IMPACT:
Allowing the Mayor to participate in the City employee benefits listed will result in an approximate
annual cost increase to the City of$13,454.
RECOMMENDED MOTION:
"I move to approve Council Bi1120-2007 : An Ordinance prescribing Compensation for the Office of
Mayor for terms commencing on and after the November 3,2009 regular municipal election on second
reading, and that it take effect fifteen days after final publication."
or,
"I move to table indefinitely Council Bi1120-2007: An Ordinance prescribing Compensation for
the Office of Mayor for terms commencing on and after the November 3, 2009 regular municipal
election for the following reasons:
Attachments:
1. Council Bi1120-2007
"
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 20-2007
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE
OFFICE OF MAYOR
WHEREAS, the City Council is authorized by Charter Section 3.12 to
prescribe compensation for elected officials by ordinance; and
WHEREAS, no such ordinance may increase or decrease such compensation
with respect to a current term of office; and
WHEREAS, the Council wishes to prescribe compensation for the office of
Mayor for terms of office commencing on and after the November 6, 2007 regular
municipal election.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Mavor Comoensation. For terms of office commencing on and
after the November 6, 2007 regular municipal election, the compensation of the
Mayor shall be as follows:
a. Salarv: $10,080 per year.
b. Benefits: The following benefits shall be provided, to the
extent and at the levels granted to Full-time city
employees: health, dental and vision insurance; group
term life insurance; employee assistance plan; retirement
plan; employee recreation program; tuition assistance
program.
Section 2. Severabilitv: Conflictina Ordinances Reoealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
GED\53027\441422.02
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 3 on
this 13'h day of August, 2007, 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 August 27'h, 2007, 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 August, 2007.
SIGNED by the Mayor on this
day of
,2007.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: August 17, 2007
Second Publication:
Wheat Ridge Transcript
Effective Date:
2
ITEM NO: ----f; ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 27, 2007
TITLE:
COUNCIL BILL 21-2007: AN ORDINANCE PRESCRIBING
COMPENSATION FORItlE OFFICE OF CITY COUNCIL
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
!:8l ORDINANCES FOR I ST READING (Date: AUlmst 27. 2007)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
!:8l
No
~
City Clerk
City Attorney
EXECUTIVE SUMMARY:
Until 200 I, the City of Wheat Ridge granted Council Members the option to participate in the group
benefits of City employees at the full cost to the Council Member. At that time, the City's insurance vendor
contract was determined to require the City to cover a portion of the cost of benefits, at which time benefit
options ceased for the office of City Council. At the August 13, 2007 Council Meeting, the Council
defeated a proposed ordinance that granted Council Members the benefits afforded employees at the full-
time benefit level. The attached Ordinance grants to members of Council, following the commencement of
the next elected term, the following benefit programs available to other Part-time City Employees who
work 20 hours per week: Health, Dental and Vision Insurance, group term life insurance; employee
assistance plan, retirement plan; employee recreation program benefit; and tuition assistance program and
Other Optional Programs.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Council Members had the option to participate in employee group benefits until 200 I, at the full cost to the
Council Member. Permitting Council Members to participate in the requested plans at the level of other
part-time City Employees who work 20 hours weekly will result in an approximate increase of $8,699 in
cost to the City annually.
I Yearly Compensation Costs for Council
I Salary
I Social Security
I Medicare
I Worker's Compensation
I Group Term Life
Comprehensive Medical Benefits
Dental Plan
Employee Assistance Program
I Retirement Plan, CCOERA
I Tuition Assistance
I Employee Recreation Program Benefit
I Potential Cost for Added Benefits
EQuiv. 20 hr/wk
$7,200
$446
$104
$22
$12 I
$5,639 I
$381 I
$29 I
$288 I
$2,000 I
$350 I
$8,699 I
ALTERNATIVES CONSIDERED:
EQuiv. 40 hr/wk I
$7,200 I
$446 I
$104
$22
$12
$1l,278 I
$762 I
$58 I
$576 I
$200 I
$350 I
$13,236 I
Grant to the Office of the City Council paid benefits equivalent to full-time, or 40 hr/wk employees.
FINANCIAL IMPACT:
Allowing the Council Members to participate in the City employee benefits listed will result in an
approximate annual cost increase to the City of$8,699.
RECOMMENDED MOTION:
"I move to approve Council Bill 21-2007: An Ordinance prescribing Compensation for the Office of
Council Member for terms commencing on and after the November 6, 2007 regular municipal election
on first reading, order it published, public hearing set for Monday, September 10, 2007 at 7 :OOpm in
City Council Chambers, and that it take effect fifteen days after final publication."
or,
"I move to table indefmitely Council Bill 21-2007 : An Ordinance prescribing Compensation for the Office
of Council Member for terms commencing on and after the November 6, 2007 regular municipal election
for the following reason(s) "
Attachments:
1. Council Bill 21-2007
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 21-2007
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE
OFFICE OF COUNCILMEMBER
WHEREAS, the City Council is authorized by Charter Section 3.12 to
prescribe compensation for elected officials by ordinance; and
WHEREAS, no such ordinance may increase or decrease such
compensation with respect to a current term of office; and
WHEREAS, the Council wishes to prescribe compensation for the office of
Council member for terms of office commencing on and after the November 6,
2007 regular municipal election.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Councilmember Comoensation. For terms of office commencing
on and after the November 6, 2007 regular municipal election, the compensation
for the office of Councilmember shall be as follows:
a. Salarv: $7,200 per year.
b. Benefits: The following benefits shall be provided, to the
extent and at the levels granted to part-time city
employees who work 20 hours per week: health, dental
and vision insurance; group term life insurance;
employee assistance plan; retirement plan; employee
recreation program; tuition assistance program and
other Optional Employee Programs.
Section 2. Severabilitv: Conflictina Ordinances Reoealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
GED\53027\441422.02 ATTACHMENT 1
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _
on this _day of August, 2007, 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 September _,2007, 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 September, 2007.
SIGNED by the Mayor on this
day of
,2007.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
2
ITEM NO: ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 27, 2007
TITLE:
COUNCIL BILL 22-2007: AN ORDINANCE AMENDING
CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF
THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE
RETAILERS TO USE AN ELECTRONIC DATABASE
CERTIFIED BY'lH~ STATE DEPARTMENT OF REVENUE
TO DETERMINE ni~ JURISDICTIONS TO wmCH TAX IS
OWED
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
~ ORDINANCES FOR 1ST READING (Date: AUlffist 27. 2007)
D ORDINANCES FOR 2ND READING
Quasi-Judicial: D
Yes
D~JiJy~,
~~~ary Cavarra, City T~lJasurer
~
No
City~~
EXECUTIVE SUMMARY:
An ordinance that will hold harmless those retailers who fail to remit sales tax to the City of Wheat
Ridge and who subscribe to the address locator electronic database certified by the State of Colorado
Department of Revenue.
COMMISSION/BOARD RECOMMENDATION:
Approved by the Investment Advisory Committee.
STATEMENT OF THE ISSUES:
Various large retailers have lobbied the State Legislature to change the sales tax code to a uniform rate
because they say that it is too difficult to determine municipal boundaries and the appropriate tax rate.
CML has strongly opposed legislation that would interfere with municipalities' abilities to set their
own rates. As a compromise, CML has been promoting the "Address Locator Project" based on the
latest GIS technology and developed by the State. TIris ordinance will hold harmless those retailers
who subscribe to the address locator database if they fail to remit tax to the correct city.
This assumes that the database is correct, and City IT staffhas verified the database through a process
of testing lists provided by the firm that developed the database. The system is based on street
addresses. The accuracy going forward will create an obligation of the City staff to be sure to notifY
the vendor of new addresses as they are assigned in the Cabela's area.
Passage of this ordinance will reduce the scope of the audits of subscribing entities and allow the
auditors to focus on other areas.
For more detail, the CML memo of February 9,2007 is attached.
ALTERNATIVES CONSIDERED:
Do not pass the Ordinance and audit retailers to determine if the City is receiving all taxes due.
FINANCIAL IMPACT:
No identifiable impact. When audits were conducted, the City was found to be receiving less than its
amount due as retailers tend to pay taxes to the entity where the store is located.
RECOMMENDED MOTION:
"I move to approve Council Bill 22-2007: An Ordinance Amending Chapter 22, Division 2
Concerning Sales Tax, of the Wheat Ridge Code of Laws to Authorize Retailers to Use an Electronic
Database Certified by the State Deparhnent of Revenue to Determine the Jurisdictions to Which Tax is
Owed on first reading, order it published, public hearing set for Monday, September 10,2007 at 7:00
p.m. in City Council Chambers, and that it take effect 15 days after final publication."
or,
"I move to table indefinitely Council Bill 22-2007: An Ordinance Amending Chapter 22, Division 2
Concerning Sales Tax, of the Wheat Ridge Code of Laws to Authorize Retailers to Use an Electronic
Database Certified by the State Department of Revenue to Determine the Jurisdictions to Which Tax is
Owed for the following reason(s) "
Report Prepared by:
Reviewed by:
Mary Cavarra, City Treasurer
Randy Young, City Manager
Attachments:
1. Proposed Ordinance
2. Memo of2/9/2007 from GeoffWilson, CML
070827 Request for City Council Action-report Hold Harmless (2).doc
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2
CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE
OF LAWS TO AUTHORIZE RETAILERS TO USE AN
ELECTRONIC DATABASE CERTIFIED BY THE STATE
DEPARTMENT OF REVENUE TO DETERMINE THE
JURISDICTIONS TO WHICH TAX IS OWED
WHEREAS, pursuant to the Wheat Ridge Code of Laws ("Code")
Section 22-49, the treasurer is directed to and has cooperated with and
participated with the statewide sales and use tax committee convened by
the Colorado Municipal League, composed of state and municipal sales and
use tax officials and business officials; and
WHEREAS, such committee was formed to meet for the purpose of
discussing and implementing a plan to simplify the sales tax matters, such
as collection oftaxes, among Colorado home rule municipalities; and
WHEREAS, it is recognized that retailers collecting sales tax in
Colorado have historically faced problems when sales tax is remitted to the
incorrect municipality and such errors have had the effect of many retailers
paying twice the amount of sales tax owed and municipalities spending
time and resources to collect the correct taxes owed; and
WHEREAS, the City Council ("Council") of the City of Wheat Ridge
("City") recognizes the benefit that the presence of retailers and the
collection of sales tax brings to the City; and
WHEREAS, the Council recognizes that seeking resolution to sales
and use tax collection problems which routinely plague Colorado home rule
municipalities in general, and specifically the City will benefit both retailers
and the City; and
WHEREAS, the Colorado Municipal League has recommended the
adoption of the following ordinance in an effort to simplify the sales tax
collection process, the substance of which being that retailers shall be held
harmless if they fail to remit tax to the correct municipality, based solely on
an error in a state-certified address locator database; and
ATTACHMENT 1
WHEREAS, the Council believes it to be in the best interest of the City
to adopt the recommended ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. The following Section 22-59 is hereby enacted and inserted as a new
section to Chapter 22, Division 2 of the Wheat Ridge Code of Laws:
Sec. 22-59. Remittance of tax; electronic database; retailer held harmless.
(a) Any retailer that collects and remits sales tax to the city as provided in this
Division may use an electronic database of state addresses that is certified by the
state department of revenue pursuant to ~ 39-26-105.3, C.R.S., to determine the
jurisdictions to which tax is owed.
(b) Any retailer that uses the data contained in an electronic database certified by
the state department of revenue pursuant to ~ 39-26-105.3, C.R.S., to determine
the jurisdictions to which tax is owed shall be held harmless for any tax, penalty,
or interest owed the city that otherwise would be due solely as a result of an error
in the electronic database, provided that the retailer demonstrate that the retailer
used the most current information available in such electronic database on the
date that the sale occurred. Each retailer shall keep and preserve such records as
prescribed by the manager of revenue to demonstrate that the retailer used the
most current information available in the electronic database on the date that the
sale occurred. Notwithstanding the above, if the error in collecting and remitting
is a result of a deceptive representation, a false representation, or fraud, the
provisions of this section shall not apply.
Section 2. Severabilitv: Conflictina Ordinances Reoealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this _ day of .2007, 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 ,2007, 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 ,2007.
SIGNED by the Mayor on this
day of
,2007.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
"
CML
..
'.
l"'II"I:f!IIJI.L"IlII~II"I"'l..oj:t',hlj:ll
1144 Shennan Street. Denver, Colorado 80203-2207. Phone (303)831-6411, Fax (303)860-8175 . cml(a)cmLor~
MEMORANDUM
TO:
CML Sales Tax Committee
FROM:
Geoff Wilson, General Counsel
"
SUBJECT: February 23 Meeting of the Committee
. \.
- \~.
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'::-i.
DATE:
February 9, 2007
I !.:,' ;...
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~
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Greetings and Happy New Year!
As previously announced, the Committee will be meeting at the League's offices b ....:.._:..g
at 2:00 p.m. on the afternoon of Friday, February 23. The main focus of this meeting will be
the launch of the last phase of the "Address Locator Project." Tms has been a multi-year project
that has involved numerous members of this Committee, the State Department of Revenue, and
,,,"p,,,.entatives of the business community. The past years have seen countless meetings,
approval by the legislature of a bill as part of this project, adoption by the Department of
Revenue of comprehensive regulations relating to the certification of address locator database
providers and "PP'V lal by the Denver City Council of an address locator "hold hannless"
ordinance, wmch will serve as a model for other home rule municipalities.
In ilie last phase of this project, we will be working with all home rule municipalities that locally
collect their sales tax to secure adoption of a "hold hannless" ordinance. These ordinances
culminate a project that this Committee, as well as the CML Executive Board, have unanimously
endorsed as a "win-win" proposition for business and municipalities alike. Adoption of these
ordinances also demonstrates, in a very substantial way, the willingness of Colorado
municipalities and the Municipal League to work with the business community on meaningful
tax simplification. The purposes and mstory of the address locator project are more fully
described in the attached memorandum. I urge you to review the attached memo carefidly prior
to our meeting on February 23.
As a prelude to adoption of their own hold hannless ordinances, many municipalities wish to
check a number of local addresses against the databases to confirm the database accuracy. We
have received various questions about just how best to submit addresses to the certified database
providers, so that will be a focus of our meeting on the 23'd. A representative of Group I
Software will be in attendance at the meeting and we are working on getting someone from
Proxix Solutions, Inc., to attend as well. These representatives will be describing how to submit
addresses and answering your questions. Municipal representatives who have already been
through this process will also be in attendance to share their experiences.
I look forward to seeing all of you on Friday, February 23.
Attachment
ATTACHMENT 2
CML
1"""1:f!1In.WJlI~II"I~'1..:t'ltlll:a
1144 Sherman Street. Denver, Colorado 80203-2207. Phone (303)831-6411, Fax (303)860-8175 . fmlliilcml.on:!
MEMORANDUM
TO: Sales Tax Committee Representatives for home rule municipalities that locally collect
their sales tax
FROM: GeoffWilson, General Counsel
SUBJECT: Request for Adoption of Model Address Locator/"Hold-harmless" Ordinance
DATE: February 9, 2007
By this memorandum, we respectjidly urge your municipality to adopt a sales and use tax address
locatorl"hold-harmless" ordinance similar to the enclosed ordinance, which was adopted by Denver
earlier this year.
Introduction
Adoption of these ordinances by home rule municipalities that locally collect their sales tax will be the
culmination of a multi-year tax simplification effort involving CML, the business community and the
CML Sales Tax Committee (which includes a member representing each locally collecting home rule
municipality). The "Address Locator Project" is described below. The project has been unanimously
endorsed by CML's Executive Board and the CML Sales Tax Simplification Committee.
In a nutshell, these ordinances will hold retailers hannless if they fail to remit tax to the correct
municipality, based solely on an error in a state-certified address locator database. The ordinances thus
encourage use of these databases, which tell retallers with great accuracy in which municipality they
are making a sale or, more often, a delivery. Presently, retailers are often unaware of where, exactly, a
delivery address is located, and tax is often remitted to the wrong municipality.
Municipal tax officials have viewed use of address locator databases as a "win-win" proposition for
municipalities and business owners alike. Business owners remit properly in the first place and avoid
unpleasant news at audit time. Municipalities receive the correct tax right away, and are able to avoid
forcing an unwitting retailer to remit a second time, or squabbling with another municipality over who
is entitled to the money. Plus, this is important tax simplification that doesn't hurt municipalities and
can be adopted without a TABOR election.
Colorado's Home Rule Municipal Tax System: Critical, but Complicated
As you are no doubt aware, Colorado municipalities, compared to municipalities in other states, are
quite dependant upon the sales tax. On average, Colorado municipalities derive nearly 73 percent of
their general purpose tax revenues from the sales tax. By comparison, municipalities in other
states derive over 51 percent of their general purpose tax revenues from the property tax, and only 28
percent from sales and use taxes. Colorado 4as a fairly unusual sales tax system, in that home rule
municipalities are permitted to locally collect their sales taxes, as well as locally control their tax base
and tax rate (statutory municipalities in Colorado are permitted to set their own tax rate, and have
limited discretion with respect to certain tax base elements). 1bis tax structure reflects Colorado's
traditional philosophy of "local control," in which local governments provide a far greater share of
services than do municipalities in many states, and our revenue raising authority corresponds with this
responsibility.
On the other hand, although it acts as an extremely effective revenue raising mechanism for Colorado
municipalities, for retailers, Colorado's municipal tax system is widely regarded as one of the most
complex in the country. This complexity is particularly apparent for vendors that operate in multiple
jurisdictions, either because they have multiple fixed retail locations, or because they make deliveries
into multiple jurisdictions. These vendors are generally required to obtain a license from and
periodically remit tax directly to each jurisdiction in which they do business. Each of these
jurisdictions may have its own tax rate and vendors may be affected by variations between
jurisdictions in tax base (often due to varying tax exemptions or varying administrative in~~, l-"""~tions
of ordinance language). Multi-jurisdictional vendors must also be careful to correctly detennine in
which jurisdiction they are making a delivery; if they fail to remit to the correct jurisdiction, they may
be subject to later assessment (this is where the address locator databases can help - more on that
later). Additionally, vendors are subject to audit by each of the Colorado home rule, locally collecting
municipalities in which they do business.
This makes the Colorado system different from the municipal sales tax systems of most other states. In
most states, (as is the case with statutory jurisdictions here in Colorado) the municipal sales tax is
state-collected, using the state tax base, and "shared back" with the municipalities. Like Colorado,
many of these states permit local tax rate variation among state-collected jurisdictions. Colorado
retailers often complain about all of the various local requirements with which they must contend,
particularly in comparison with the tax systems in other states.
Being Proactive on Reasonable Tax Simplification
All of this puts Colorado municipalities in a delicate position. On the one hand, the sales tax is our
main revenue stream and we will fight, and have fonght vigorously over the years, to protect the
critical aspects of our home rule authority associated with it. On the other hand, retailers are our
principal partner in collecting this tax, as it is levied on the customer, not the retailer.
Most thoughtful municipal officials acknowledge that we have a complicated tax system here in
Colorado, and agree that there's no reason that this system should be any more complicated than it
needs to be. We can defend essential complexity in the tax system; what we cannot defend is
unnecessary complexity, or an unwillingness to discuss potential solutions. Failure to address
reasonable tax simplification proposals is what coalitions in favor of eviscerating our tax authority are
formed around. The League's philosophy over the years has thus been to actively support sales tax
simplification, so long as this can be done without jeopardizing the viability of the sales tax as our
principal revenue raising device.
The eML Sales Tax Simplification Committee is the principal forum in which home rule locally
collecting municipalities discuss sales tax simplification initiatives among themselves. We have to
agree among ourselves on any tax simplification measures that we decide to pursue. Fortunately,
2
-.
-.
the General Assembly is constitutionally precluded from telling us how to run our tax systems; over
the years, we have had many occasions to be thankful for this fact. As described below, the address
locator project is the product of several years of work involving the Sales Tax Simplification
Committee, Cel, The Colorado Department of Revenue (DOR) and the business community.
Background on the Address Locator Project
Under Colorado's "point of use" tax system, multi-jurisdictional vendors are required to collect tax on
behalf of the jurisdictions in which they do business, either at fixed locations or where they make
deliveries. A long-standing complaint of the business community, particularly in areas where
jurisdictional boundaries are changing or where taxing jurisdictions abut one another, is that vendors
find it exceedingly difficult to determine precisely in which taxing jurisdiction their delivery is made.
All sorts of problems result. Vendors remit to the wrong jurisdiction. The vendor is later assessed
following an audit and then finds that she is unable to secure a refund, the refund period having
elapsed. So (in the hard case) a vendor who in good faith tried to do the right thing ends up "paying
twice." Meanwhile, the municipalities involved bicker over who should get the money.
Informal discussions with municipal tax professionals and other interested parties (public and private)
beginning in 2003 revealed a broad consensus that this was a significant complexity for the business
community that we could do something about. Furthermore, unlike many other tax simplification
proposals, a solution to this problem could be implemented without a TABOR election and without
municipalities sacrificing tax revenue. Indeed, municipalities would benefit from receiving proper
remittance in the first instance, thereby being able to avoid forcing vendors to "pay twice" or having to
attempt to recover the money from the municipality that wrongfully received it.
Since 2003, several members of the CML Sales Tax Committee, Colorado Counties, Inc., DOR and
representatives of the business community (including the Colorado Association of Commerce and
Industry, the Colorado Retail Council, Qwest, Xcel Energy and American Furniture Warehouse), have
been working to encourage use of "address locator" databases by multi-jurisdictional vendors. These
databases would be certified by DOR as achieving a high degree of accuracy. Vendors relying on a
certified database would then be "held harmless" in an audit, if they remitted to the wrong jurisdiction
solely due to an error in the address locator database. The address locator project has been
unanimously endorsed by the CML Sales Tax Committee and CML's Executive Board.
During its 2004 session, the General Assembly "l'l'W ~ed HB 04-1237, which put this structure in place
at the state level. The legislation directed the Department of Revenue to develop regulations for
review and certification of address locator databases and provides that vendors utilizing a state
certified database would be held harmless as to state collected sales and use taxes (including those
levied by statutory municipalities).
During the interim between the 2004 and 2005 sessions of the General Assembly, League staff and
members of the Sales Tax Committee worked closely with DOR on the database certification
regulations. The working group agreed that it was not practical for the state certification process to
conduct individual field trials of each address locator database in each sales taxing jurisdiction in
Colorado. Consequently, our focus was to develop a certification process that tested database accuracy
on a sample of addresses that would provide an overall level of confidence to tax administrators and
their elected officials.
A priority of municipal representatives in the state ruIemaking was assuring that, in addition to the
state's certification process, affected local governments could directly check addresses within their
3
jurisdiction against a database. The rules make it a condition of certification that local governments be :
afforded this opportunity, and further require that the database provider promptly make corrections to
its database as to any errors discovered. Indeed, the final regulations provide that addresses may be
tested against the database either individually or in batches.
The Next Phase: Municipal Ordinance Adoption
HB 04-1237 was the first phase of a two-step process. In the second phase, similar "hold harmless"
protection will be provided by home rule municipalities that locally collect their sales taxes, for
vendors that utilize state certified address locator databases. It has been well understood that, for this
to occur, each home rule, locally collecting municipality will need to adopt an ordinance enacting the
"hold hannless" provision.
Denver is the state's largest locally collecting home rule municipality, and like most other Colorado
home rule municipalities, it is heavily dependant upon sales tax revenues. Not surprisingly, therefore,
Denver has developed a reputation over the years of having its legal staff and its revenue managers
very highly focused on sales tax matters. For these reasons, we decided to work with Denver's
attorneys and tax professionals on a hold-harmless ordinance for Denver that could then serve as a
model for other home rule municipalities. The Denver City Council adopted the enclosed ordinance on
March 20, 2006, and it was signed by the Mayor on March 21,2006.
The next step in the address locator project will be to secure adoption of ordinances functionally
identical to the Denver ordinance in home rule, locally collecting municipalities.
We would prefer that municipalities adopt an ordinance as close to the Denver model as possible;
however, I do want to highlight one aspect of the Denver ordinance that you may, or may not, wish to
include. Denver chose to include an automatic repealer in its ordinance, which requires the council to
revisit the address locator issue in 2008 and readopt the ordinance. This is fine; however, another
approach would be to simply leave the automatic repealer out of your ordinance. We have every
confidence that this program will work out just fme, and be a "win-win" for all concerned. If, for
whatever reason, your municipality ever wishes to stop participating in this program, your municipality
can simply repeal its ordinance.
Your municipality's representative on the Sales Tax Committee will be the principal point of contact
within your municipality for information concerning this project. Of course, please feel free to call me
at the League or one of the following individuals for information concerning the operation of this
ordinance.
. Laura Fisher, Revenue Officer, City of Boulder and Chair, CML Sales Tax
Simplification Committee: 303.441.4017
. Robin Peterson, Manager, Tax and Licensing, Aurora, 303.739.7341.
. Lori Burns, Revenue Manager, City of Lake wood, 303.987.7631.
How the Address LocatorlHold-harmless Ordinance will Affect your Municipality
While incentivizing retailers to use address-locator databases and thus dramatically increasing the
likelihood that tax will be properly remitted to your municipality, the revenue loss possibility, due to
the hold-harmless provision, is small.
4
To illustrate, in order for a retailer to be held harmless for tax owed to your municipality under this
ordinance, all of the following must occur:
(a) Vendor makes a delivery into your municipality.
(b) Vendor uses a state certified database to locate the delivery address.
(c ) There is an error in the database.
(d) Vendor fails to remit tax to your municipality solely because of the error in the
database.
(e) Your municipality selects this vendor for an audit.
(f) Vendor is able to prove reliance on the version of the database current at the time of
delivery.
(g) Result: Vendor is held harmless only for the tax owed on the particular transaction
affected by the error. For example, on a $2500.00 couch, a 3 percent local tax would
mean $75.00 in lost tax revenue to your municipality.
lbis combination of circumstances is unlikely to occur with any regularity. In the first place, the
databases certified by the State Department of Revenue are quite accurate. The Department of
Revenue's database certification rules require that the databases achieve a 95 percent accuracy
rate against the test sample; the accuracy ofthese databases is further borne out in tests run by
Denver and other municipalities. Furthermore, municipal tax professionals have the opportunity
check addresses within their jurisdiction against the databases for accuracy. lbis enables
municipalities to assure that particularly important "high tax" addresses (e.g., construction sites or
newly annexed areas) are properly coded in the databases, to guard against potential loss ofrevenue.
Both the database providers and municipalities have a mutual interest in the accuracy of these
databases; it is expected that, over time, cooperation between database providers and municipal
officials will only enhance the already high degree of accuracy in these databases.
Attachments
In this packet you will find the following materials:
. A copy of the recently adopted City and County of Denver address locator/"hold-harmless"
ordinance, to serve as a model for your jurisdiction.
. A list of the members ofthe CML Sales Tax Simplification Committee.
5
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BY AUTHORITY
;93
COUNCIL BILL NO. / 6S-
COMMITTEE OF REFERENCE:
ORDINANCE NO.
SERIES OF 2006
Finance
ABILL
For an ordinance amending the City Retail Sales Tax Article, Article II,
Chapter 53 of the Revised Municipal Code to authorize retailers to use
an electronic database certified by the state department of revenue to
determine the jurisdictions to which tax is owed.
NOW BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER:
Section 1. Section 53-27.1 is enacted to read as follows:
Sec. 53-27.1. Remittance of tax - electronic database - retailer held
14
harmless.
15
(a) Any retailer that collects and remits sales tax to the manager of revenue as
16
provided in this article may use an electronic database of state addresses that is
17
certified by the state department of revenue pursuant to s 39-26-105.3. C.R.S., to
18
determine the jurisdictions to which tax is owed.
19
(b) Any retailer that uses the data contained in an electronic database certified
20
by the state department of revenue pursuant to s 39-26-105.3, C.R.S., to determine the
21
jurisdictions to which tax is owed shall be held harmless for any tax, penalty, or interest
22
owed the city that otherwise would be due solely as a result of an error in the electronic
23
database, provided that the retailer demonstrate that it used the most current
24
information available in such electronic database on the date that the sale occurred.
25
Each retailer shall keep and preserve such records as prescribed by the manager of
26
revenue to demonstrate that it used the most current information available in the
27
electronic database on the date that the sale occurred. Notwithstanding the above, if
.,
'.
1
the error in collecting and remitting is a result of a deceptive representation, a false
2
representation, or fraud, the provisions of this section shall not apply.
3
(c) This section shall terminate on July 1, 2008.
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COMMITTEE APPROVAL DATE: March 1,2006
MAYOR-COUNCIL DATE: March 7, 2006
PASSED BY THE COM~ ~,ur;/'';::>11
.. f;:r::!. .. PRESIDENT
I 'A A R . 3 21 -o~
", z: - CLERKAND RECORDER,
EX-OFFICIO CLERK OF THE
CITY AND COUNTY OF DENVER
NOTICE P BLlSHED IN THE DAILY JOURN:Jn() r. J IJ--i- 20~P r. 'J,~006
PREPARED BY: Charles Solomon, Assistant City Attorney 3/9/06
Pursuant to section 13-12, DR.M.C., this proposed ordinance has been reviewed by the
office of the City Attorney. We find no irregularity as to form, and have no legal
objection to the proposed ordinance. The proposed ordinance is not submitted to the
City Council for approval pursuant to S 3.2.6 of the Charter.
2006
2006
Cole Finegan, City Attorney
By:9~~ , ^<,.<.,.\-cityAttorney
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ITEM NO:
&-
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 27, 2007
TITLE:
COUNCIL BILL 23-2007: AN ORDINANCE AMENDING THE
REQUIREMENTS FOR ADOPTING A COMPETITIVE CABLE
FRANCmSE APPLICATION, REVIEW AND EVALUATION
PROCESS IN CONNECTION WITH ANY FRANCmSE
APPLICATION SUBl\UIIED PURSUANT TO SECTION 76.41
OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
i:8J ORDINANCES FOR 1ST READING (Date: August 27,2007)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
i:8J
No
City~~
City Attorney
EXECUTIVE SUMMARY:
This ordinance amends the requirements for competitive cable franchise applications to correct a
numbering error in Section 23-2.B of the Wheat Ridge Code of Laws titled "Instructions and
Definitions."
STATEMENT OF THE ISSUES:
The Council has previously adopted Ordinance No. 1393, codified at Article 2 of Chapter 23 of the
Wheat Ridge Code of Laws (the "Code"), providing requirements for applications for competitive
cable franchises, consistent with the federal requirements. The City's special counsel for this matter
has discovered a numbering error in the model ordinance (upon which the City's ordinance is
based) that leaves doubt regarding the applicable submission requirements for a valid franchise
application. The attached ordinance corrects this error.
COMMISSION/BOARD RECOMMENDATION:
N/A
AL TERNA TIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to approve Council Bill 23-2007: An Ordinance Amending the Requirements for Adopting
a Competitive Cable Franchise Application, Review and Evaluation Process in Connection with any
Franchise Application Submitted Pursuant to Section 76.41 of Title 47 of the Code of Federal
Regulations on first reading, order it published, public hearing set for Monday, September 10,2007
at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication."
or,
"I move to table indefinitely Council Bill 23-2007: An Ordinance Amending the Requirements for
Adopting a Competitive Cable Franchise Application, Review and Evaluation Process in
Connection with any Franchise Application Submitted Pursuant to Section 76.41 of Title 47 of the
Code of Federal Regulations for the following reason(s) "
Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670
Reviewed by: Heather Geyer, Assistant to the City Manager
Attachments:
I. August 22, 2007 Staff Memorandum
2. Council Bill 23-2007
City of Wheat Ridge
Administrative Services Department
Memorandum
TO:
The Honorable Mayor and Members of City Council
THROUGH:
Randy Young, City Manager
Patrick Goff, Deputy City Manager
FROM:
Heather Geyer, Assistant to the City Manager/PIO
DATE:
August 22, 2007
SUBJECT:
Ordinance Amending the Requirements for Adopting a Competitive Cable
Franchise Application
In August, the City received notification by Ken F ellman, Attorney for the Greater Metro
Telecommunications Consortium (GMTC) that there was a numbering error in the model
ordinance which the City of Wheat Ridge used for the adoption of Ordinance No. 1393,
Competitive Cable Franchise Application, adopted in June 2007. In order to make the necessary
change to the ordinance, City Attorney Gerald Dahl, has drafted the appwp,;ate amendment
which will amend the language of the existing ordi.nance so that all the submission requirements
are clearly required for a valid application.
Please let me know if you have any questions regarding this amendment.
/hmg
Attachments:
A. Request for City Council Action from Jerry Dahl, City Attorney
B. Proposed Ordinance Amendment
AITACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 23
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE AMENDING THE REQUIREMENTS FOR
ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION,
REVIEW AND EVALUATION PROCESS IN CONNECTION WITH
ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO
976.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS
WHEREAS, On December 20, 2006, the Federal Communications
Commission ("FCC") adopted a new rule, set forth in a Report and Order and
Further Notice of Proposed Rulemaking that was released March 5, 2007, that
among other things, provides a separate, nonexclusive process for the issuance of
cable franchises for areas currently served by another cable operator (the
"Competitive Franchise Application Rule" or "CFAR"); and
WHEREAS, the City has adopted Ordinance No. 1393, codified at Article 2 of
Chapter 23 of the Wheat Ridge Code of Laws (the "Code"), providing requirements
for applications for competitive cable franchises, consistent with the CFAR; and
WHEREAS, a numbering error has been found in Section 1 of the
Ordinance, codified at Section 23-2.B of the code of Laws, which leaves doubt
regarding the applicable submission requirements for a valid franchise
application; and
WHEREAS, this ordinance is needed to correct the error.
NOW THEREFORE BE IT ORDAINED BY-THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
Section 1. Code Section 23-2, titled "Instructions and Definitions,"
subsection B, is amended to read in its entirety as follows:
B. The City shall accept and review only those applications that
include complete responses to every requirement of Code Sections 23-2 through
23-7, inclusive. Submission of an application that does not include the requisite
information set forth in Code Sections 23-2 through 23-7, inclusive and the
application fee shall not commence the time period for granting or denying the
application set forth in 47 C.F.R. 976.41 (d). The Applicant shall submit additional
ATTACHMENT 2
or updated information as necessary to ensure the requisite information provided
is complete and accurate throughout the City's review of the application.
Section 2. Severabilitv: Conflictino Ordinances Reoealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this 27'h day of August, 2007, 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 September 10, 2007, 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 ,2007.
SIGNED by the Mayor on this
day of
.2007.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
3
ITEM NO:
q.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 27, 2007
TITLE:
RESOLUTION 33-2007 - A RESOLUTION AMENDING THE
FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT
ItlE APPROVAL OF ' A SUPPLEMENTAL BUDGET
APPROPRIATION FOR A LOAN TO THE WHEAT RIDGE
URBAN RENEWAL AUTHORITY FOR THE PURCHASE OF
PROPERTY LOCATED AT 7540 W. 44TH AVENUE IN THE
AMOUNT OF $1.5 MILLION
D PUBLIC HEARING
D BIDS/MOTIONS
[gJ RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial: D
i)~n;I,
Deputy City Manager ,
[gJ
No
City~~
EXECUTIVE SUMMARY:.
The City of Wheat Ridge Mayor and City Council, Wheat Ridge 2020 (WR2020), and the Wheat
Ridge Urban Renewal Authority (WRURA) are working together to assemble property at the southeast
comer of 44th A venue and Wadsworth Boulevard for a future public/private redevelopment venture.
Wheat Ridge 2020 has obtained options to purchase two properties located at 7340 W. 44th Avenue
and 7540 W. 44th Avenue. The options for both properties expire on December 31, 2007 and WR2020
has first right of refusal to purchase the properties. The owner of the property located at 7540 W. 44th
Avenue (the "Vem's Property") has received an offer from an outside developer to purchase the
property. WR2020 will have 30 days from the date it receives official notice from the property owner,
regarding potential sale of the property, to act on its option to purchase the property for $1.5 million.
COMMISSION/BOARD RECOMMENDATION:
WR2020 and the WRURA have both been briefed on this project and are in support of moving
forward with the assemblage of property at the southeast comer of 44th Avenue and Wadsworth
Boulevard for a public/private redevelopment venture.
ST~.T..EMENr OF THE ISSUES:
The City, WR2020 and the WRURA have been investigating financing options and redevelopment
opportunities for the southeast comer of Wadsworth Boulevard and 44th Avenue for a future
public/private venture. WR2020 has obtained options to acquire the property located at 7340 W. 44th
Avenue and 7540 W. 44th Avenue which are both within this redevelopment area. An outside
developer has made an offer to purchase the property located at 7540 W. 44th Avenue which will
require WR2020 to act on its option to purchase the property for $ 1.5 million within 30 days from the
date it receives official notice from the property owner. To date, financing has not been obtained to
purchase the property within this timeframe.
It is advantageous for the City, WR2020 and the WR URA to assemble as many properties as possible
in this development area in order to control the future development of this site. Therefore, a loan from
the City to allow the WRURA to purchase the property under its ownership for a future redevelopment
partnership with WR2020 is crucial to the success of this project. The loan will only be processed if
the WRURA cannot obtain outside financing in the time required. If the loan is processed, the
WRURA will reimburse the City in the full amount of $1.5 million within 30 days of obtaining
financing from an outside lender.
ALTERNATIVES CONSIDERED:
Do not approve the loan and require the WRURA to find outside financing.
FINANCIAL IMPACT:
A supplemental budget appropriation is requested in the amount of $1.5 million. The money will be
allocated from General Fund undesignated fund balance to WRURA. The loan will only be processed
if the WRURA is unable to obtain other financing to purchase the property located at 7540 W. 44th
A venue in the time required. If the loan is processed, the WRURA will reimburse the City in the full
amount of $1.5 million within 30 days of obtaining financing from an outside lender.'
RECOMMENDED MOTION:
"I move to approve Resolution 33-2007 - A Resolution Amending the Fiscal Year 2007 General Fund
Budget to Reflect the Approval of a Supplemental Budget Appropriation for a Loan to the WRURA
for the Purchase of Property Located at 7540 W. 44th Avenue in the Amount of$1.5 million.
I further move that the loan only be processed if the Wheat Ridge Urban Renewal Authority is unable
to obtain other financing to purchase the property located at 7540 W. 44th Avenue in the time required.
I further move to authorize the Mayor to enter into any a loan promissory agreement with the Urban
Renewal Authority regarding the property located at 7540 W. 44th Avenue."
or,
"I move to postpone indefinitely Resolution 33-2007 - A Resolution Amending the Fiscal Year 2007
General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for a Loan to
the WRURA for the Purchase of Property Located at 7540 W. 44th Avenue in the Amount of$1.5
million for the following reason(s) "
Report Prepared by: Patrick Goff, Deputy City Manager
Reviewed by: Randy Young, City Manager
Attachments:
1. Resolution 33-2007
2. Map of Subject Property
RESOLUTION 33
Series of 2007
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR
2007 GENERAL FUND BUDGET TO REFLECT
Hili APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIA nON FOR A LOAN TO
Hili WHEAT RIDGE URBAN RENEWAL
AUTHORITY FOR THE PURCHASE OF
PROPERTY LOCATED AT 7540 W. 44TH AVENUE
IN THE AMOUNT OF $1.5 MILLION
WHEREAS, the City of Wheat Ridge Mayor and City Council, Wheat Ridge
2020 and the Wheat Ridge Urban Renewal Authority (the "Parties) are working together
to assemble property at the southeast comer of 44th Avenue and Wadsworth Boulevard;
and
WHEREAS, the Parties desire to work together for a future public/private
redevelopment venture; and
WHEREAS, in order to continue with this project, it may be necessary that the
City of Wheat Ridge provide a loan in the amount of $1.5 Million to the Wheat Ridge
Urban Renewal Authority to meet the timeline of the project, and
WHEREAS, the loan will only be processed if the Wheat Ridge Urban Renewal
Authority is unable to obtain other financing to purchase the property located at 7540 W.
44th Avenue in the time required, and
WHEREAS, The Mayor is authorized to enter into any a loan promissory
agreement with the Urban Renewal Authority regarding the property located at 7540 W.
44th Avenue.
NOW THEREFORE BE IT RESOL YED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge fiscal year 2007 Budget be amended accordingly
to provide a $1.5 Million loan to the Wheat Ridge Urban Renewal
Authority.
DONE AND RESOLVED THIS 27th day of August, 2007.
Jerry DiTullio, Mayor
ATTEST:
Michael D. Snow, City Clerk
ATTACHMENT 2
ITEM NO: _(0.
REQUEST FOR CITY COUNCIL ACTION
'~
COUNCIL MEETING DATE: August 27, 2007
TITLE:
URBAN RENEWAL AUTHORITY
] PUBLIC HEARING
~ BIDS/MOTIONS
] RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
~
No
/H- -' n~
,,~'~ ..~
City Clerk
CityM~O-.)r-,
.EXECUTIVE SUMMARY:
Mayor DiTullio has appointed Tom Radigan to the District III Position on the Urban Renewal
Authority, tenn ending November 2009, and is asking for Council Ratification.
Mayor DiTullio has appointed Walt Pettit to the At Large Position on the Urban Renewal Authority,
tenn ending November 2012, and is asking for Council Ratification.
Mayor DiTullio has appointed Rick Adams to the At Large Position on the Urban Renewal Authority,
tenn ending November 2012, and is asking for Council Ratification.
,COMMISSIONIBOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
There will be vacancies if the appointments are not approved.
ALTERNATIVES CONSIDERED:
None
.FlNANCIAL IMPACT:
None
RE(:OMMENDED MOTION:
"I move to ratify the mayoral appointment of Tom Radigan to the Urban Renewal Authority, term to
expire November 2009."
And
"I move to ratify the mayoral appointment of Walt Pettit to the Urban Renewal Authority, tenn to
expire November 2012."
And
"I move to ratify the mayoral appointment of Rick Adams to the Urban Renewal Authority, term to
expire November 2012."
Or:
Report Prepared by: Janice Smothers (303) 235-2815
Reviewed by: Michael Snow, City Clerk (303) 235-2823
Attachments:
1. Application - Tom Radigan
2. Application - Walt Pettit
3. Application- Rick Adams
Apr 06 07 02:35p
TOM RADIGAN
303-202-3610
p. I
I Distributed to: Council:'t' /"
PLEASE APPLY ONLY FOR ONE BOARD OR Mayor: ~
COMMISSION City Clerk: ~ City Mgr: V ~
City Treas: City Atty: (.....----
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APPLICATION FOR APPOINTMENT TO THE:
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BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW
LONG? w.,(! ..?o/lo ;4(.,;p.u;tV&- t!'omhu77;;-R /l'JEA'Jh3e.e
/A~~ ;Zj" "".....70_,,; Ji E't.lr t." ~,;V:'..ir- d'"".,,.,', //f"of' /lIJ.e,.., .r.3E;e
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH
REGULAR ATTENDANCE OR DUTIES? NO
SIGNATURE ~~."'
- ..g
PLEASE PRINT OR TYPE NAME: /oP:J ~...&: /&:~~/
ADDRESS: /0 f?4S' tv. 3.:2 ~AV$ tU.H'6:J/ ~~e: 6, 500]'.3
HOME PHONE:
BUSINESS PHONE:
"j' 0 .3 ff of' /
/994::,
,<)61h1 ~
E-MAIL ADDRESS:. RhU~/r.;::;:;'..u70d1 a:;:;; t?t7frl/',Q,,,T /l/"E/ '
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR,
ATTACHMENT 1
Distributed to:
Date: 'dbl/f1';1-
City Cieri<: v
City Treas:
~ ~4,~1d
1,1
Council: 9
Mayor: v
City Mgr: v
City A"cf:V""
Dept i : ,Fads:
-J'LEASEAJpPl Y ONLY FOR ONE BOARD OR
--_..~ '.- .~-------
COMMISSION
APPLICATION FOR APPOINTMENT TO THE:
()p /? L2~/ ~ r /I/';::/4.4L. Ji ~~/ T""1
. - . (BOARD/COMMISSION/COMMZ)
DATE: ;(/.2 //2o~7 DISTRICT f' - <A/7~
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: t, G 't-c. 1>
ARE YOU A REGISTERED VOTER? Y
WHY ARE YOU SEEKING THIS APPOINTMENT? ~ fr1 ~ "M / ""'1 ;;;'V/J Lv r7 b.r.r
L /,e.:- / _u~ F ;<f4Pl"tt,,/'r
DOYO:HAVEEX~ERIENCEINTHISAREA?~'i - tfL /.kL &<::r7f"/lT7
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? .:)
Pd' ...hUJ(;)'J_ ~~
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR
ATTENDANCE OR DUTIES? AI .
SIGNATURE
J~-, If 4 yf~
PLEASE PRINT OR TYPE NAME: \. /.;4-L'7CL
ADDRESS: 39.1/'1 ;:C 47Th / S 7'
HOME PHONE:-1 err - 42.)- 4r 2. 4
BUSINESS PHONE: ~A&.F
E-MAIL ADDRESS: \J~_I,tZTT7 r jq t!1 /-1 (A( 4),\
..-
./.
;0"" r77 '"
APPLICATION Will BE KEPT ON FilE FOR ONE YEAR
ATTACHMENT 2
Dlstribut,,~ to:
Date: rr. fl.9../0?-
City Clerk: V
City Treas:
~J J,dd
Council: 8'
Mayor: I
City Mgr. I
City l,ay: I
Oept Hoads:
PLEASE APPLY ONLY FOR ONE BOARD OR
COMMISSION
APPLICATION FOR APPOINTMENT TO 1J1~:
tfr!;a/1 ~udf I 'lfd/rl
, . (BO RD/COMMISSION COMMITTEE)
DATE: a:Z2,Zt;o7 DISTRICT;#: /fr ~G'
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 20~? 1i &mi;,.
t
ARE YOU A REGISTERED VOTER? ~
WHY ARE YOU SEEKING THIS APPOI~TMENT? ~tI7:~ ~ /1IL/I'!~;
/ . ./
,
DO YOU HAVE EXPE~J~NCfiJN I~IS AA,EA? ~:f Ur kAt AJ1t1.1fYl f1. WttI'M
~~ 1(~ WI dMl~VYuc.:tr~ ue~/~. , ..fU,{~u~. /-I'o/i eirJ!.L~IfJI~
r-
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ~
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR
ATTENDANCE OR DUTIES? No
SIGNATURE & (!. k4?#J -
PLEASE PRINT OR TYPE NAME:~/Ci:.. C. .4 MItI.?;, _
ADDRESS: /07'50 N. ~21:5J)J;a62..--,.trjk#/-g-1Pjf!.Ofco73
HOME PHONE: ~O?/ tfft./-lrJ1f5
BUSINESS PHONEl cdf.) ~~ 1177- 77213
E-MAIL ADDRESS: ret1..dalll!J7 7777 t;!2fn_?pt. C>>/ff
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR
I-d
A~~ACHMENTplJ3~~
e~O:BO ~o GG ~nlJ
~
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- ~
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951.0R~69
ITEM NO: ~
REQUEST FOR CITY COUNCIL ACTION
~
COUNCIL MEETING DATE: August 27,2007
TITLE:
PARKS AND RECREATION COMMISSION APPOINTMENT
=:J PUBLIC HEARING
gj BIDS/MOTIONS
=:J RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
['gJ
No
~
City Clerk
CiSv~~
EXECUTIVE SUMMARY:
An application for the CiSv Council position for the Parks and Recreation Commission has been
received for the current opening in District I. The Parks and Recreation Commission members are
appointed by CiSv Council. The term of this appointment expires in March of2010.
COMMISSION/BOARD RECOMMENDATION:.
None
STATEMENT OF THE ISSUES:
There will be a vacancy if the applicant is not appointed.
ALTERNATIVES CONSIDERED:
None
~ANCIAL IMPACT:
None
RECOMMENDED MOTION:
"I move to appoint
expire March, 2010."
to the Parks & Recreation Commission, term to
or:
Report Prepared by: Janice Smothers (303) 235-2815
Reviewed by: Michael Snow, City Clerk (303) 235-2823
Attachments:
1. Application - Beth McBride
,ITY OF WHEAT RfDG
CITY CLERK'S OFFICE
01AUG20 PH 8= on
PLEASE APPLY ONLY FOR ONE BOARD OR
COMMISSION
APPLICATION FOR APPOINTMENT TO THE:
Parks and Recreation
(BOARD/COMMISSION/COMMITTEE)
DATE:
8/14/2007
DISTRICT 1
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 22 vears
ARE YOU A REGISTERED VOTER? ves
WHY ARE YOU SEEKING THIS APPOINTMENT? I want to contribute to the citv. and
learn how citv aovernment works. I think the citv's parks are one of it's most imoortan~
assets. Mv familv and I are freauent users of Dark facilities throuphout the citv throuah
soccer. runnina. swimmina. workina out at the Rec Center. and Iivina adiacent to Panoramq
Park.
DO YOU HAVE EXPERIENCE IN THIS AREA? I do not have soecific Darks exoerience. I
have exoerience in land use issues and solutions. I have served as an officer and director
offor-orofit comoanies. I comoleted the citv's Plannina Academv in sorina 2007.
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? I am
currentlva member of two committees in WR2020. since Januarv 2007.
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR
A rrENDANCE OR DUTIES? no
SIGNATURE .~tAuk.J
" . . Distributed 10:
PLEASE PRINT OR TYPE NAME: Beth McBride Date: 8/9..Q,1/I~
. City Clerk: V
ADDRESS:5801 W. 33rd Ave Wheat Ridae CO 80212 ityTreas:
Council: 25
Mayor: 1/
City Mgr: V -
. City Atty:
Dept Heads:
r
HOME PHONE:303 233 8314
BUSINESS PHONE:303 717 4468 (cell)
E-MAIL ADDRESS:
BethMcBridefWcomcast. net
---1
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR
ATTACHMENT 1