Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
11/10/2008
6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 10, 2008 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF October 27.2008 PROCLAMATIONS AND CEREMONIES Veterans Day- November 11, 2008 Certificate of Recognition for American Legion Post #161 Arvada Honor Guard Certificate of Recognition for Lyle Booth CITIZENS' RIGHT TO SPEAK 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. CITY COUNCIL AGENDA: November 10, 2008 Page -2- APPROVAL OF AGENDA Item 1. CONSENT AGENDA A. Resolution 58-2008 - approving an Intergovernmental Agreement dated July 29, 2008 between Jefferson County and the Cities of Wheat Ridge, Golden, Edgewater, and the Towns of Mountain View and Lakeside, Colorado, for Community Block Grant Purposes. B. Resolution 59-2008 - approving an amendment to a Final Development Plan for Foothills Medical Center to allow for a Rooftop Commercial Mobile Radio Service (CMRS) Facility on property zoned Planned Commercial Development and located at 8550 West 38th Avenue.(Case No. WZ-06-06/T-Mobile). C. Approval of Award ITB-08-41 Kipling Entry Sign and Landscape Project in the total amount not-to-exceed $216,074.85. D. Approval of Award of Purchase for Playground Equipment at Fruitdale Park in the amount of $52,401. E. Motion for ratification of the Comprehensive Plan Citizens Advisory Committee. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 18-2008 - An Ordinance approving the Annexation of certain Territory to the City of Wheat Ridge, Colorado. (Case No. ANX-08-01/Coors at Clear Creek) Item 3. Council Bill 19-2008 - An Ordinance approving the Annexation of certain Territory to the City of Wheat Ridge, Colorado. (Case No. ANX-08-02/Coors at Clear Creek) CITY COUNCIL AGENDA: November 10, 2008 Page -3- ORDINANCES ON FIRST READING Item 4. Council Bill 20-2008 - An Ordinance amending Chapter 10 of the Wheat Ridge Code of Laws to provide a process for the creation and administration of Community Benefit Districts. Item 5. Council Bill 21-2008 -An Ordinance amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to Floodplain Control. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT off umavw= CITY OF WHEAT RIDGE, COLORADO October 27, 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers present: Karen Berry, Tracy Langworthy, Lena Rotola, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; City Treasurer, Larry Schulz; Director of Community Development, Kenneth Johnstone; Director of Public Works, Tim Paranto; staff; and interested citizens. Council Members Karen Adams, Dean Gokey and Terry Womble were absent. APPROVAL OF MINUTES OF October 13. 2008 Mayor DiTullio asked the Clerk to change the dollar amount noted in the Minutes regarding the total current contributions to the Public Art Fund from $5,200 to $6,275. Motion by Mrs. Sang for approval of the Minutes of October 13, 2008 as amended; seconded by Mr. Stites; carried 5-0. PROCLAMATIONS AND CEREMONIES Mr. Young announced that the City of Wheat Ridge had won second place, the Silver Circle Award, in the 2008 ICMA Savvy Awards competition in the category of Marketing Plans & Tools - Branding/New Logo. The City of Wheat Ridge competed against 811 other U.S. cities in this category for the City's Marketing and Branding efforts. Heather Geyer also said a few words on behalf of the successful program. Kullerstrand Elementary School choir sang the National Anthem. Kelly Meehleis, Music Instructor at Kullerstrand Elementary, led the school choir in singing the Star Spangled Banner and other patriotic songs. CITIZENS' RIGHT TO SPEAK Cheryl Brungardtof Enterprise Wheat Ridge Business Group, wished to invite the Council and all area citizens to a Wheat Ridge Business Open House tomorrow at the Wheat Ridge Recreation Center from 4-7pm. The open house is also participating in a can food drive for the Jeffco Action Center. Visitors are encouraged to bring canned food items to the Open House, or drop off donations at the following Wheat Ridge participating locations: Seyfer Automotive on 45th and Harlan, Citywide Bank at Ward Road and 49th Avenue or at Wheat Ridge Cyclery. Citizens who donate will also have their name placed in a drawing for a prize from Mayor DiTullio. Nancy Snow expressed that she is in favor of some of the efforts of Wheat Ridge 2020 and was in favor of continuing to fund its efforts with City of Wheat Ridge money, but now believes that funding should be cut altogether. She is disgusted that a city-funded organization is donating $5000 dollars to campaign for ballot items 2A, 26, & 2C and is CITY COUNCIL MINUTES: October 27, 2008 Page -2- dismayed that the Council and Wheat Ridge 2020 believes it's ok to get around the State laws that prohibit the City from using funds to campaign by channeling those funds through a non-profit organization. Dempsey Andrews, representing homeowners on Chase Street in District I, spoke of the dire drainage issues that plague his home and many others in his neighborhood anytime there is a strong rain. For this reason, he is in favor of passing 213 because it enables the government to ensure the safety of their neighborhood and the value of their properties. Cheryl Wise, resident of Lakewood and the Wheat Ridge business owner of Copper Fields Events Center, urged voters to support the Charter Amendment 2C. Mrs. Wise believes the current regulations in the Charter limits her and other business owners' ability to develop strong commercial businesses in the City. Jeff McCrory spoke in favor of 26, urging voters to support the measure because it supports property values in Wheat Ridge. He also wanted to alert voters to an inaccurate statement in the County Voting booklet - that the property tax increase would continue forever. This is incorrect. Louise Turner contended that the current limits in the Charter for height and density are adequate for strong development because they allow businesses to go to a height of 50 feet and residences to 35 feet. She wanted voters to know, that if these limits are repealed in ballot question 2C, other provisions in the City Code allow for up to 50% variance in the zoning code, which means a home could be built to a height of 52 feet in residential R2 districts. City Clerk Michael Snow spoke to the issue Mr. McCrory alluded to with respect to an inaccurate statement in the County Voting Booklet on Ballot Issue 2B. He explained that the booklet only contains information on TABOR-related ballot issues, and that the Arguments For and Against the issues in this booklet are a summarization prepared by the Clerk of all comments submitted by citizens. Mr. Snow wanted voters to know that neither the Clerk nor anyone has the authority to censor or validate the content of these comments, which is why voters may find inaccurate statements in these summaries. CITY COUNCIL MINUTES: October 27, 2008 ORDINANCES ON FIRST READING Page -3- Item 1. A. Resolution 55-2008 - making certain Findings of Fact regarding the proposed Annexation of a parcel of land to the City of Wheat Ridge, Colorado. (Case No. ANX-08-01/Coors at Clear Creek) Resolution 55-2008 was introduced by Mr. Stites, who read the Executive Summary. Motion by Mr. Stites to adopt Resolution 55-2008; seconded by Mrs. Sang and Mrs. Rotola; carried 5-0. B. Council Bill 18-2008 - An Ordinance approving the Annexation of certain Territory to the City of Wheat Ridge, Colorado. (Case No. ANX-08-01/Coors at Clear Creek) Council Bill 18-2008 was introduced on first reading by Mr. Stites, who read the Executive Summary. Motion by Mr. Stites to approve Council Bill 18-2008 on first reading, order it published, public hearing set for Monday, November 10, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption; seconded by Mrs. Sang; carried 5-0. Item 2. A. Resolution 56-2008 - making certain Findings of Fact regarding the proposed Annexation of a parcel of land to the City of Wheat Ridge, Colorado. (Case No. ANX-08-022/Coors at Clear Creek) Resolution 56-2008 was introduced by Mr. Stites, who read the Executive Summary. Motion by Mr. Stites to adopt Resolution 56-2008; seconded by Mrs. Rotola; carried 5-0. B. Council Bill 19-2008 - An Ordinance approving the Annexation of certain Territory to the City of Wheat Ridge, Colorado. (Case No. ANX-08-02/Coors at Clear Creek) Council Bill 19-2008 was introduced on first reading by Mr. Stites, who read the Executive Summary. Motion by Mr. Stites to approve Council Bill 19-2008 on first reading, order it published, public hearing set for Monday, November 10, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption; seconded by Mrs. Sang and Mrs. Langworthy; carried 5-0. CITY COUNCIL MINUTES: October 27, 2008 DECISIONS. RESOLUTIONS. AND MOTIONS Page -4- Item 3. Resolution 57-2008 - amending the Fiscal Year 2008 Open Space Fund Budget to appropriate funds in the amount of $60,000 for the purpose of acquiring approximately 1.5 acres of land located at 4593 Parfet Street, for consolidation of the Public Works and Parks Operations Facility and authorizing the Mayor to sign a Purchase and Sale Agreement for said property at the appraised price of $210,000. Resolution 57-2008 was introduced by Mrs. Langworthy, who read the Executive Summary. Motion by Mrs. Langworthy to approve Resolution 57-2008; 1 further move that costs associated with the purchase of the property located at 4593 Parfet Street be paid from account number 32-601-800-862, and that these funds be encumbered in accordance with Ordinance #787, 1989 Series. Motion seconded by Mrs. Rotola; carried 5-0. Louise Turner commented that this appears to be part of a much larger project of facility expansion, not just a $210,000 property acquisition. She also noted that this was not a project prioritized by the Citizens' D.1.R.T. Committee and believes the efforts of Council and Administration to trim the budget were very wise so it would also be wise to cut purchasing this land given the budget crunch next year. She also pointed out that since the City obtained increased revenues from a tax increase in 2003, the City Administrative staff has grown significantly while the city's population hasn't grown at all. Mr. Paranto commented that there is no funding in the 2009 Proposed Budget for any facilities expansion to the Public Works Facility. Motion carried 5-0. Item 4. Approval of Award for RFQ-08-28 Comprehensive Plan Update to Clarion Associates in an amount not to exceed $150,000. Item 4 was introduced by Ms. Berry who read the Executive Summary. Motion by Mrs. Berry to award RFQ-08-28, Comprehensive Plan Update, to Clarion Associates in an amount not to exceed $150,000 to undertake an update to the Wheat Ridge Comprehensive Plan; seconded by Mrs. Rotola. Davis Reinhardt of the Wheat Ridge Planning Commission, urged Council to pass this item to allow the City's key guiding documents to be updated and to allow businesses looking at developing in Wheat Ridge to do so without unnecessary hindrances in these documents. Motion carried 5-0. CITY COUNCIL MINUTES: October 27, 2008 Page -5- Item 5. Approve Award ITB-08-33 2008 Miscellaneous Drainage Project in the total amount not-to-exceed $100,324.00. Item 5 was introduced by Mr. Stites, who read the Executive Summary. Motion by Mr. Stites to award ITB-08-33-2008, Miscellaneous Drainage Improvement Project, to Goodland Construction, of Golden, Colorado, in the amount of $100,324.00. 1 further move that a contingency amount of $10,032.40 be approved. I further move that the Director of Public Works be authorize to issue change orders up to a total contract and contingency amount of $110,356.40. 1 further move that all costs associated with this contract be paid from Acct. No. 30-302- 800-833, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series; seconded by Mrs. Sang; carried 5-0. CITY ATTORNEY'S MATTERS Mayor DiTullio asked the City Attorney to give an opinion on the legality of the campaign contributions from Wheat Ridge 2020 to support Ballot Questions 2A, 2B & 2C. Mr. Dahl contended that once the City of Wheat Ridge has committed the funding to Wheat Ridge 2020, that organization has the choice to use its funds legally to contribute to political campaigns. ELECTED OFFICIALS' MATTERS Mr. Snow wished to inform voters who have chosen to vote by Mail-in ballot that they may drop off voted ballots anytime during business hours, 8-5pr, at the City Clerk's Office at City Hall or they may deliver them by affixing two stamps to the ballot envelope and mail it to the Jefferson County Election Department. Voters who have not requested a Mail-in Ballot must vote in person on Election Day, or vote early before October 31st, 2008 at the nearest Early Voting Location which is the Motor Vehicle Department at 2099 Wadsworth Blvd. Voters may locate their Polling Locations by verifying their Voter Registration Information at www.voteneffco.com. Mayor DiTullio thanked the Kullerstrand Elementary School Singers for their performance tonight and noted that these singers had recently performed the National Anthem at a Colorado Rockies Baseball game. Mr. DiTullio also congratulated Heather Geyer for her work on the City's Marketing and Branding project and for the recognition in winning the Savvy Award. Mrs. Rotola urged citizens to attend the Enterprise Wheat Ridge Business Open House tomorrow. She also reminded attendees to bring canned food for the Jeffco Action Center canned food drive and for all to have a safe Halloween. Mrs. Langworthy thanked the Kullerstrand Elementary singers for their performance tonight and the citizens attending the Optimist Supper last week CITY COUNCIL MINUTES: October 27, 2008 Page -6- Mr. Stites thanked the Kullerstrand Elementary School singers. Mr. Stites also commented that the property adjacent the Public Works facilities was being purchased now because of the current availability to do so. If it were not purchased now, it would cost much more at a later date and it may very likely not be available at all. This saves the City a great deal of money in the long run. He also urged citizens to keep neighbors safe by talking and checking in on one another regularly. As always, he urged everyone to "find it and buy it in Wheat Ridge". Meeting adjourned at 7:52 p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON NOVEMBER 10, 2008 BY A VOTE OF to Mike Stites, Mayor pro tern The preceding Minutes were prepared according to §47 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. PROCLAMATION Veterans Day - November 11, 2008 WHEREAS, two hundred and thirty-two years ago, the signers of the Declaration of Independence declared that "all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness"; WHEREAS, throughout the course of American history, courageous men and women have taken up arms to secure, defend, and maintain these core principles upon which freedoms depend; WHEREAS, the men and women who have and currently are serving in the Army, Navy, Air Force, Marines, and Coast Guard of the United States of America have made major contributions toward the preservation of this Nation and her people; WHEREAS, the services performed by these Americans have demonstrated the willingness of our nation to meet the challenges of those forces wishing to subjugate individual determination through armed conflict; WHEREAS, honorable service performed in the defense of our nation and her cause in time of war is the highest form of citizenship; WHEREAS, the Congress of the United States of America has designated the eleventh day of November of each year as Veterans Day; WHEREAS, Veterans Day has become a significant part of our American heritage as we recognize the millions of our citizens whose military service has had a profound effect on history; WHEREAS, the Nation and the free world are eternally grateful for the contributions of American veterans - men and women - to the advancement of the cause of an honorable world peace. NOW, THEREFORE, the Mayor and City Council of the City of Wheat Ridge, State of Colorado, hereby proclaim November 11, 2008 as Veterans Day and call upon all citizens to join the City in recognizing the valor and sacrifice of our veterans and honor those who have served and are serving to preserve the principles of Justice, Freedom, and Democracy. Jerry i ayor City of Wheat Ridge Michael Snow, City City of ~WheatRidge ITEM NO: LA, Ai REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 10, 2008 TITLE: RESOLUTION NO. 58-2008, A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT DATED JULY 299 2008 BETWEEN JEFFERSON COUNTY AND THE CITIES OF WHEAT RIDGE, GOLDEN, EDGEWATER, AND THE TOWNS OF MOUNTAIN VIEW AND LAKESIDE, COLORADO FOR COMMUNITY DEVELOPMENT BLOCK GRANT PURPOSES ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: ❑ YES ommunity Develo n ire r EXECUTIVE SUMMARY: ® NO City M ger The Jefferson County Community Development Division would like to include the town of Lakeside in the Urban County designation for the receipt of Community Development Block Grant (CDBG) funds. The Urban County is a Department of Housing and Urban Development (HUD) three-year designation that determines the qualifications of counties to receive CDBG funds. HUD is responsible for approving Urban County designations. HUD is requesting resolutions from the other participating jurisdictions in the County stating they agree with the addition of Lakeside to the Jefferson County Urban Boundary. COMMISSION/BOARD RECOMMENDATION: NA STATEMENT OF THE ISSUES: Municipalities in Jefferson County that have historically been a part of the Urban County designation include Wheat Ridge, Golden, Edgewater and Mountain View. The County believes it would be advantageous to add Lakeside to the Urban County to foster cooperation among the municipalities regarding the expenditure of CDBG funds. The inclusion of Lakeside will not impact the amount of CDBG funds the City receives for its jurisdictional allocation. By including Lakeside, they will be able to apply for competitive CDBG funds through the County. ALTERNATIVES CONSIDERED: The other alternative considered was to not agree to the inclusion of Lakeside in the Urban County. FINANCIAL IMPACT: There is no financial impact to the City by agreeing to the inclusion of Lakeside in the Urban County. RECOMMENDED MOTION: "I move to approve Resolution 58-2008, A Resolution approving an intergovernmental agreement dated July 29, 2008 between Jefferson County and the Cities of Wheat Ridge, Golden, Edgewater, and the Towns of Mountain View and Lakeside, Colorado for Community Development Block Grant Purposes." or, "I move to table indefinitely Resolution 58-2008 for the following reason(s): " ATTACHMENTS: 1. Resolution No. 58-2008 2. Jefferson County Resolution No. 0008-346 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 58-2008 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT DATED JULY 299 2008 BETWEEN JEFFERSON COUNTY AND THE CITIES OF WHEAT RIDGE, GOLDEN, EDGEWATER, AND THE TOWNS OF MOUNTAIN VIEW AND LAKESIDE, COLORADO FOR COMMUNITY DEVELOPMENT BLOCK GRANT PURPOSES WHEREAS, pursuant to the Housing and Community Development Act of 1974, as amended, 42 U.S.C. 5301, et. Seq. (the Act), the U. S. Department of Housing and Urban Development (HUD) administers a wide range of local housing and community development activities and programs under Title 1 of the Act; and WHEREAS, the primary objective of Title 1 of the Act is the development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities principally for persons of low to moderate income; and WHEREAS, to further this objective, HUD provides Community Development Block Grant (CDBG) funds to local governments to conduct and administer housing and community development activities and projects; and WHEREAS, HUD has made a determination that Jefferson County is an urban county and as such is eligible to qualify and receive funds from HUD by annual grant agreement; and WHEREAS, the City of Wheat Ridge can participate in Jefferson County's Community Development Block Grant Programs by entering into an Intergovernmental Agreement between the County and other municipalities and towns within the County who wish to become Participating Jurisdictions; and WHEREAS, the City of Wheat Ridge is a party to that certain Intergovernmental Agreement, dated on or about January, 2007, between the City and Jefferson County, Colorado, which agreement concerns the City's participation in the County-administered Community Development Block Grant Programs and which agreement concerns federal fiscal years 2005 through 2008; and WHEREAS, for the purpose of qualifying the Town of Lakeside, Colorado as a Participating Jurisdiction, Jefferson County has tendered an Intergovernmental Cooperation Agreement (Jefferson County Resolution No. CC08-346) between the County and the Cities of Wheat Ridge, Golden and Edgewater, and the Towns of Mountain View and Lakeside, Colorado (the Agreement), which agreement is substantially the same as the existing, above-referenced agreement, but which concerns ATTACHMENT 1 federal fiscal years 2009 through 2011 and adds the Town of Lakeside as a Participating Jurisdiction; and WHEREAS, the Agreement sets out the purposes, powers, rights and obligations and the financial and other responsibilities of the Parties thereto; and WHEREAS, the Parties have collectively and separately determined that it will be mutually beneficial and in the public interest of the Parties to enter into the above-referenced Agreement regarding the conduct of HUD's Community Development Block Grant Programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The Intergovernmental Cooperation Agreement (Jefferson County Resolution No. 0008-346) between Jefferson County and the Cities of Wheat Ridge, Golden and Edgewater, Towns of Mountain View and Lakeside, Community Development Block Grant Programs (Federal Fiscal Years 2009 through 2011), dated July 29, 2008 a copy of which is attached hereto as Exhibit A is hereby approved by the City Council of the City of Wheat Ridge, Colorado. 2. The Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the city. 3. This Resolution shall take effect immediately. DONE AND RESOLVED THIS day of 2008. JERRY DITULLIO, MAYOR ATTEST: MICHAEL SNOW, CITY CLERK MEMORANDUM TO: Honorable Chairman and Members oft Board of County Commissioners FROM: Jim Moore, County Administrator DATE: July 29, 2008 vv RE: Inclusion of Lakeside in Urban County Staff Recommendation: Staff recommends that the Board of County Commissioners approves and authorizes: • The inclusion of the Town of Lakeside in the Jefferson County Urban County designation; • The Director of Development and Transportation to sign the Intergovernmental Agreement with the Town of Lakeside; • The Chairman to sign the Intergovernmental Agreement with the Town of Lakeside. Contract Duration: June 01, 2009 through May 31, 2012, with automatic renewal Resolution No. Background: In 199~` 3, Ueer mC nt r came eligible as an "urban county" to qualify for a formula allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). In order to meet the population threshold, the cities of Edgewater, Golden, Mountain View and Wheat Ridge elected to participate with the County. During the current three-year renewal process, Lakeside notified the County that it would like to participate in the "urban county" and become a party to an IGA. Jefferson County must formally approve the inclusion of Lakeside into the "urban county" designation. As with other partner cities and towns, the IGA will automatically renew every three years unless it is renegotiated at the request and agreement of all partner jurisdictions. Fiscal Impact: The County's allocation of funds from the Department of Housing and Urban Development (HUD) relies heavily on "urban county" status. Revising the IGA does not alter the amount allocated to the County. However, inclusion of Lakeside could increase future CDBG monies to help facilitate needed resources to low to moderate income population as well as economic development opportunities. BCC Briefing: Tim Carl on July 22, 2008. Originator: Tim Carl, Director Development & Transportation (8510) Jacqui Pickett, Director Community Development (8372) Distribution: Originals return to: Community Development Division ATTACHMENT 2 Commissioner McCasky moved that the following Resolution be adopted: BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JEFFERSON STATE OF COLORADO RESOLUTION NO. 0008-346 RE: Development and Transportation - Community Development - Inclusion of Lakeside in Urban County Resolved that the Board of County Commissioners hereby approves and authorizes • The inclusion of the Town of Lakeside in the Jefferson County Urban County designation; • The Director of Development and Transportation to sign the Intergovernmental Agreement with the Town of Lakeside; • The Chairman to sign the Intergovernmental Agreement with the Town of Lakeside. Contract Duration: June 01, 2009 through May 31, 2012, with automatic renewal Commissioner Congrove seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner J. Kevin McCasky Aye Commissioner Jim Congrove Aye Commissioner Kathy Hartman, Chairman Aye The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado. Dated: July 29, 2008 ♦~A~f City of " ; Wheatlidge ITEM NO: I ~t REQUEST FOR CITY COUNCIL ACTION M n COUNCIL MEETING DATE: November 10, 2008 TITLE: RESOLUTION NO. 59-2008 - A RESOLUTION APPROVING AN AMENDMENT TO A FINAL DEVELOPMENT PLAN FOR FOOTHILLS MEDICAL CENTER TO ALLOW FOR A ROOFTOP COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITY ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND LOCATED AT 8550 W. 38TH AVENUE (CASE NO. WZ-08-06/T-MOBILE) ® PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) ® YES Quasi-judicial: D, - JJ P, A omm 'ty Develop Di EXECUTIVE SUMMARY: ❑ NO City Manage The application is for approval of a Final Development Plan (FDP) Amendment to the Foothills Medical Center Planned Commercial Development to allow for a roof-top CMRS Facility. The FDP for the Foothills Medical Center notes that the uses on the property will be limited to medical services and their supporting activities. Roof-top cellular antennas are not shown on the existing FDP. The Director of Community Development is authorized to approve FDP Amendments in certain circumstances. The Director has determined this application not to be eligible for administrative approval given the potential visual impacts of the installation being proposed above the current roof parapet. The FDP Amendment was reviewed by the Planning Commission and they recommended approval after a public hearing held on October 23, 2008. City Council is also required to hold a public hearing on the FDP Amendment. This case was reviewed by the Planning Commission at a public hearing held on October 23, 2008. A recommendation of approval was adopted, with the following condition: 1. The height of the antennae and accessory equipment may not exceed 50 feet in height pursuant to City Code Section 26-615". The height of the antennae and screen walls has been modified to reflect this change on the revised copies of the FDP submitted by the applicant for the City Council hearing. STATEMENT OF THE ISSUES: Roof-mounted and freestanding CMRS facilities are regulated by Section 26-615 of the Zoning and Development Code. They are subject to certain specific height limitations and other more general design limitations requiring screening, camouflaging, architectural compatibility and neighborhood character compatibility. Section 26-615 also establishes review procedures for CMRS facilities. In Planned Development Districts, CMRS facilities requires an amendment to the FDP, subject to a public hearing before City Council to ensure that the neighborhood compatibility requirements have been met. The applicant (T-Mobile) proposes an unmanned CMRS facility with accessory cabinets and equipment to be installed on the roof of the Foothills Medical Center. The CMRS facility will have a total of 12 screened antennas that will extend above the top of the parapet, but within the Code maximum of not more than 10 feet above the parapet (proposed at 5.5 feet above parapet). Per Planning Commission condition, they are also limited to a total height of 44 feet. Eight of the antennae are located would be at the northeast corner of the roof and 4 would be at the southeast corner of the roof. The antennae are proposed to be screened with a screening material that will be painted to match the existing mechanical penthouse. Views of the antennae would be most evident from the eastern vantage point (Lutheran Parkway West) and from the north (W. 38a' Avenue). Photo simulations are provided as exhibits to the Planning Commission report. Staff and the Planning Commission have found the CMRS facility to be consistent with the provisions of Section 26-615 of the Zoning and Development Code. ALTERNATIVES CONSIDERED: 1. Approve the amendment to the Foothills Medical Center FDP to allow for the rooftop CMRS facility. 2. Do not approve the proposed FDP Amendment. FINANCIAL IMPACT: A one time review fee was collected for the processing of the application. Building permit fees and use tax will be assessed at the time of building permit application. "I move to approve Resolution No. 59-2008 - A resolution approving Case #WZ-08-06, an amendment to the Foothills Medical Building FDP authorizing a roof mounted CMRS facility located at 8550 W. 386' Avenue, for the following reasons:" 1. The CMRS facility will adhere to all regulations set for the by the FCC and will not constitute a threat to any public health or safety issue. 2. The facility will provide increased cellular service in an area that currently lacks in service. 3. The CMRS facility is in compliance with the regulations set in City Code Section 26-615. 4. The amendment to the FDP will not alter the character of the area and will have little or no visual impact on surrounding properties. 5. Additional screening by mature landscaping on the site helps to further mitigate visual impacts the screened antennae and equipment might have. 6. The applicant has modified the proposed plan to be consistent with the 50-foot height limitation. or, move to deny the approval of Resolution No. 59-2008 for the following reasons: 11 I 1. Report prepared by: Ken Johnstone 2. Report verified by: Patrick Goff ATTACHMENTS: 1. Planning Commission Staff Report 2. Final Development Plan 3. Coverage Area Map, Exhibit 2 4. City Council Resolution ®®A® ® City of Wh6atRijgc CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: DATE OF MEETING: CASE MANAGER: CASE NO. & NAME: ACTION REQUESTED: Planning Commission October 16, 2008 Adam Tietz, Planner WZ-08-06/T-mobile Approval to amend the Final Development Plan to allow a rooftop commercial mobile radio service facility at the Foothills Medical Center. LOCATION OF REQUEST: 8550 W. 38 ° Avenue APPLICANT : T-Mobile c/o Steve Warner OWNER (S): Foothills Medical Building Company, LLP APPROXIMATE AREA: 2.52 acres (109,597 square feet) PRESENT ZONING: PCD, Planned Commercial Development ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Site Planning Commission 1 Case #WZ-08-06/T-Mobile ATTACHMENT I I. REQUEST This application is for approval of a Final Development Plan Amendment to the Foothills Medical Center Planned Development to allow for a roof-top Commercial Mobile Radio Service (C.M.R.S) facility. The FDP for the Foothills Medical Center indicates that the uses on the property will be limited to medical services and their supporting activities (Exhtbif existing m- The Director of Community Development has the ability approve an FDP amendment administratively under certain circumstances. The Community Development Director has chosen not to approve this request through an administrative process due to the potential visual impacts to the neighborhood. Since the request was denied for an administrative review, a hearing before the Planning Commission is required. II. EXISTING CONDITIONS The Foothills Medical Center at 8550 W. 38th Ave. is on the southwest corner of W. 38th Ave and Lutheran Parkway West and is zoned Planned Commercial Development (PCD). The building is a three story office building that houses several medical offices. The property is rectangular in shape, is relatively flat but gently sloes from the southwest to the northeast. The property sits on a high point in the city and along W. 38 Ave as nearly all the land surrounding this property is downhill from the medical center. The site is approximately 2.52 acres or 109,597 square feet in size. Rocky Mountain Ditch runs along the south side of the property. The Foothills Medical Center is located directly to the west of the Exempla Lutheran Hospital campus which is zoned Planned Hospital Development (PHD). This particular PHD zone district allows for an array of medical uses. The hospital is currently undergoing a major renovation and construction project to meet the needs of the hospital and their patients. Directly to the west of the Foothills Medical Center is Wheat Ridge Lutheran Church. It is zoned R-2. The majority of the rest of the area is also zoned R-2 with some smaller areas of R-1 zoning nearby. With the exception of Exempla Lutheran Hospital, Foothills Medical Building and Wheat Ridge Lutheran Church, the majority of land uses in the area, are single family homes. III. CASE ANALYSIS The Final Development Plan (FDP) provides the final site design and details for the approval of the development. Changes to the FDP may vary from the original plans with an amended FDP document. This FDP amendment is required since this type of facility was not shown in the details of the original FDP. The amendment is also required as roof-mounted C.M.R.S facilities in any planned development district, unless shown on the FDP, require an amendment to the FDP document (Section 26-612 C). The amendment to the FDP for the Foothills Medical Center Development Plan would allow for an unmanned, roof-top C.M.R.S. facility in order to increase signal and service to cellular technologies in the area. T-Mobile customers have been experiencing poor service and dropped calls due to a gap in the service area coverage along a large stretch of W. 38th Ave. from just west of Wadsworth Blvd. extending to the lower elevations west of Kipling St (Exhzbtt 2Ezzshng CaverageuYlap). The proposed location for the facility would bring increased service to the area as it meets several of the criteria used by the mobile technology industry when evaluating sites for a new cellular facility (Exhtbtfv3, Proposed Coverage Mai). Planning Commission 2 Case #WZ-08-06/T-Mobile To achieve maximum service coverage of the area, the proposed C.M.R.S facility would have twelve antennas, which will be mounted on "sleds" and placed on the roof. Additional accessory equipment cabinets will also be placed on the roof. The antennas will be placed at the northeast and southeast corners of the roof. Eight of the twelve antennas will be placed on the northeast corner while the remaining four will be placed at the southeast corner of the building (Exhibit 4, Roof Plan). Height and Screening All of the antennas and accessory equipment cabinets of the proposed C.M.R.S facility will comply with all regulations set forth in the City Code Chapter 26. Sec. 615 (F) which states: "Roof-mounted CMRSfacilities shall be screened or camouflaged as appropriate from view from adjacent property lines. Such facilities are additionally subject to the following requirements: 1. Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. 2. Roof-mounted CMRS whip antennas shall extend no more than ten (10) feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached. 3. Roof-mounted CMRSpanel antennas shall extend no more than seven (7) feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted. 4. Roof-mounted CMRS accessory structures shall extend no more than seven (7) feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof. " According to the plans, the antennas and equipment cabinets will extend no higher then 7 feet above the parapet of the building and will also be screened from view with a screen wall that will be painted to match the existing mechanical penthouse (Exhibit 5 a'b, and 7, Photo Simulations). The antennas and equipment cabinets do not exceed the 7 foot height limitation listed in requirement #3 listed above. Section 26-615(H) of the City Code states C.M.R.S facilities may not exceed the height limitations established by the City Charter. The plans indicate the height of the antennas will exceed the 50 foot height limitation in the City Charter Section 5. 10.1 by 1.5 feet (Ehrbrt 8 aced A; Parking The site currently has approximately 195 parking spots which is adequate for the medical uses on the property. The proposed C.M.R.S facility will not take away from the required parking for the office building as the facility will be unmanned. Since the C.M.R.S does not increase the intensity of the use on the land, additional parking is not required and none is being proposed. Landscaping The site currently has extensive mature landscaping, some of which provides additional screening to the areas where the antennas are proposed from the property lines and rights-of-way. Typically additional landscaping is only required when additional square footage is added to a building. No additional landscaping is required or proposed. Planning Commission Case #WZ-08-06/T-Mobile Building Setbacks The footprint of the building is not changing, therefore the building setbacks will remain the same. There are no setback requirements for C.M.R.S facilities from the edge of a roof. The plans indicate the antennas will be placed no closer than 5 feet to the edge of the roof. Additional Requirements All C.M.R.S facilities are strictly regulated by the FCC. This facility will comply with all FCC requirements regarding cumulative field measurements of radio frequency power densities and electromagnetic fields. The site will also comply with FCC regulations that prohibit the sites to interfere with local radio, television, or other public safety frequencies. IV. AGENCY REFERRALS All affected service and utilities were contacted regarding their ability to serve the property with respect to this application. The following comments were received by the affected agencies: Public Works: Public Works suggests that any facility be constructed in such a manner as to have a minimal visual impact on adjoining properties. Since the proposed facility does not substantially change or add to the existing site or to the current use, Public Works had no further comments regarding this application. Other: All other referral agencies did not to respond to the request for comments which indicates that they have no comment. V. STAFF CONCLUSION Staff has concluded that based on the siting requirements used by the cellular technology industry and lack of cellular service in the area, the construction of a CMRS facility at this location is logical. The facility will also be built and will be run strictly to all FCC regulations to ensure public safety is not compromised. In addition, the facility will be screened and painted to match the existing mechanical penthouse in order to minimize any negative visual impacts the antennas and equipment may have from the surrounding properties. Because the requirements for an FDP amendment have been met and CMRS facility is in compliance with the requirements in the Zoning and Development Code with one condition incorporated into the suggested motion for approval, a recommendation of APPROVAL is given for Case No.WZ-08-06. VI. PROPOSED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-08-06, a request for approval of a Final Development Plan Amendment to the Foothills Medical Center Planned Development to allow for a roof-top Commercial Mobile Radio Service (C.M.R.S) facility at 8550 W. 38 h Avenue for the following reasons 1. The C.M.R.S facility will adhere to all regulations set forth by the FCC and will not constitute a threat to any public health or safety issues. 2. All outside agencies are able to serve the property and will not pose an undue burden on any public utilities or their grids . 3. The facility will provide increased cellular service in an area that currently lacks in service. Planning Commission 4 Case #WZ-08-06/T-Mobile 4. The CMRS facility is in compliance with the regulations set in City Code Section 26-615 (F) for roof-mounted CMRS facilities. 5. The amendment to the FDP will not alter the character of the area and will have little or no impact on the surrounding properties. 6. Additional screening by mature landscaping on the site helps to further mitigate visual impacts the screened antennas and equipment may have. With the following condition. 1. The height of the antennas and accessory equipment may not exceed 50 feet in height pursuant to City Code Section 26-615 (H)." OR Option B: "I move to recommend DENIAL of Case No. WZ-08-06, a request for approval of a Final Development Plan Amendment to the Foothills Medical Center Planned Development to allow for a roof-top Commercial Mobile Radio Service (C.M.R.S) facility at 8550 W. 38 h Avenue for the following reasons: Planning Commission 5 Case #WZ-08-06/T-Mobile CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 59-2008 TITLE: RESOLUTION NO. 59-2008 - A RESOLUTION APPROVING AN AMENDMENT TO A FINAL DEVELOPMENT PLAN FOR FOOTHILLS MEDICAL CENTER TO ALLOW FOR A ROOFTOP COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITY ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND LOCATED AT 8550 W. 38'" AVENUE (CASE NO. WZ-08-06/T-MOBILE) WHEREAS, Section 26-615 of the Wheat Ridge Code of Laws provides certain regulations for the manner in which CMRS facilities can be installed and operated; and WHEREAS, an application has been received from T-Mobile Wireless to install a roof mounted CMRS facility on an existing office building at 8550 W. 38`h Avenue; and WHEREAS, the installation being proposed requires approval of an amended final development plan; and WHEREAS, the Planning Commission reviewed the application on October 23, 2008 and has recommended approval; and WHEREAS, the applicant has submitted revised plans for City Council that properly addressed the one recommended Planning Commission condition of approval; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: An amended final development plan for the Foothills Medical Center is hereby approved authorizing a roof-mounted CMRS installation including 12 antennae and associated mechanical equipment, for the following reasons: 1) The CMRS facility will adhere to all regulations set for the by the FCC and will not constitute a threat to any public health or safety issue. 2) The facility will provide increased cellular service in an area that currently lacks in service. 3) The CMRS facility is in compliance with the regulations set in City Code Section 26-615. 4) The amendment to the FDP will not alter the character of the area and will have little or no visual impact on surrounding properties. 5) Additional screening by mature landscaping on the site helps to further mitigate visual impacts the screened antennae and equipment might have. 6) The applicant has modified the proposed plan to be consistent with the 50-foot height limitation. ATTACHMENT 4 DONE AND RESOLVED THIS 10`h day of November 2008. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk O~ 41 City of Wheat", ge ITEM NO: ~ t REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 10, 2008 TITLE: APPROVAL OF AWARD ITB-08-41 KIPLING ENTRY SIGN AND LANDSCAPE PROJECT IN THE TOTAL AMOUNT NOT-TO-EXCEED $216,074.85 ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ® BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) ❑ RESOLUTIONS Quasi-judicial: ❑ YES ® NO C-w~-Pw- 1 Director Public Works City ManagLf The Kipling Entry Sign and Landscape Project consists of the construction of a city monument entry sign at the southwest corner of the Interstate 70 and Kipling Street interchange, along with new landscaping and irrigation at all four comers. The proposed improvement will create an identification of entry to Wheat Ridge at a major gateway to the City and this hotel/motel district. On October 28, 2008, thirteen (13) bids were received. All bids met the initial bid requirements. The apparent low bidder including alternates 1, 2, and 3 was American Civil Constructors, Littleton, CO. Staff verified the bid results and found a minor math error which was corrected with the approval of American Civil Constructors. The total revised amount is $216,074.85. References and experience were evaluated and approved by the Public Works Department. Staff recommends award the project to the lowest responsive and responsible bidder, American Civil Constructors, in the total amount of $216,074.85. Staff also requests approval of a standard 10% contingency reserve and other expenditures for a total encumbrance of $299,682.34 for this project. This project is located entirely in the Colorado Department of Transportation right of way. As a result, project award should be contingent upon permit approval from CDOT. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the Kipling Entry Sign and Landscaping Project, #S-01-08 were opened on October 28, 2008. Thirteen (13) bids were received. The bids were comprised of four parts; Base Bid and Alternate Bid 1 through Alternate Bid 3. The base bid will construct an entry sign and related landscaping in the southwest corner of the interchange. Alternate 1 will place landscaping in the southeast corner of the interchange. Alternate 2 will place landscaping in the northeast corner of the interchange. Alternate 3 will place landscaping in the northwest corner of the interchange. Bid results comparison with engineer estimates is as follow: Bid Ranges Engineer Estimate Base Bid: $118,905.90 - $201,573.00 $214,483.66 Alternative: #1(Option A) $40,188.55 - $78,840.00 $84,991.21 #2(Option B) $27,577.60 - $64,008.75 $48,683.10 #3 (Option C) $29,615.75 - $64,829.00 $54,858.28 Due to favorable bids, Staff recommends that the base bid and all three bid alternates be selected for construction. The lowest responsible and responsive bidder, American Civil Constructors of Littleton, Colorado, has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities, experience on previous projects, and pricing, Staff recommends award to American Civil Constructors. A 10% contingency amount of $21,607.49 is requested for the cost of other items related to the project. Water taps fees, electric supply and sign lighting are required for this project, but not included in the project scope. The electrical supply portion for the project consists of electric meter sets at each corner to power the irrigation controllers and the monument sign lighting. The electrical work will be awarded by separate procurement. In addition, three water taps will be purchased from the Valley Water District to irrigate the landscaping. The cost estimates for the electrical work and water tap fees are $20,000 and $42,000 respectively. Staff has applied for the necessary permit from CDOT for the project construction within its right of way. It is understood that the permit review is progressing and the City should receive the approval soon. ALTERNATIVES CONSIDERED: No award and Kipling Entry Sign and Landscape Project will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved in the 2008 Capital Improvement Program budget as the Kipling Pedestrian Improvements Project line item in the amount of $400,000.00. RECOMMENDED MOTION: "I move to award ITB-08-41, Kipling Entry Sign and Landscape Project, to American Civil Constructors, of Littleton, Colorado in the amount of $216,074.85 contingent upon receipt of a permit from the Colorado Department of Transportation for construction of the work. I further move that a contingency amount of $21,607.49 be approved. I further move that a not-to-exceed amount of $20,000.00 be encumbered to pay for the electrical supply and lighting. I further move that a payment not-to-exceed $42,000.00 be to Valley Water District to pay for three water taps. I further move that the Director of Public Works be authorized to approve expenditures for the Kipling Entry Sign and Landscape Project to a total amount of $299,682.34. I further move that all costs associated with this contract be paid from account number 30-303-800-842, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." or, I move to deny award of ITB-08-41, Kipling Entry Sign & Landscape Project for the following reason(s) Report Initiated by: Steve Nguyen, Engineering Manager Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: Linda Trimble, Purchasing Agent ATTACHMENTS: 1. 2008 Capital Improvement Program Description 2. Project Location Map 3. Bid Tabulation Sheet of 2008 Adopted Budget Capital Investment Program (CIP) About CIP The Capital Investment Program (CIP) is a multi-year program aimed at upgrading and expanding city facilities, buildings, grounds, streets, parks and roads. The intent of the CIP is to serve as a guide in the provision of new facilities to meet the in- creasing demand for capital improvements throughout the city, as well as in the replacement of outmoded facilities. The City of Wheat Ridge continually faces the fact that it always has a list of many worthy and valuable projects that far exceeds the funding available at anyone time. A process has been set up to evaluate each program, its funding needs, potential fund- ing sources and priority with respect to all other needs within the city. A basis has been established with a 10-year CIP listing, which assigns a preliminary schedule and provides a description of the projects and future operational costs of these projects. 175 Capital Investment Program ATTACHMENT 1 2008 Adopted Budget City of Wheat Ridge Fiscal Year 2008 Annual Budget Capital Investment Program DPW Drainage 1. Miscellaneous Drainage Improvements Projects 2008 Budget: $120,000 Description: Repair or replace various culverts carrying irrigation ditch water under City streets. Following the development of an in- ventory and inspection of ditch crossings a priority list will be devel- oped. Justification: The City is responsible for maintaining the integrity of culverts used to transport irrigation ditch water under streets. His- torically, repairs have been made after pipelines have failed. Periodic inspections of many of these old culverts indicate failure may occur at any time. Emergency repairs are more costly and disruptive than scheduled repair or replacement. DPW Streets 1. Minor Street Improvement Projects 2008 Budget: $230,000 Description: This budget line item reserves funds for reconstruc- tion of Owens Street south of 38th Avenue. The project will include drainage improvements. Justification: Owens Street, south of 38th Avenue, is seriously dete- riorated because of poor stormwater drainage and warrants con- struction of curb, drainage pans and total pavement reconstruction. 2. Hotel/motel District Pedestrian Improvements 2008 Budget: $400,000 Description: Construction of City monument entry signs and land- scaping at the 1-70/Kipling Interchange ramps adjacent to Kipling will be accomplished. Justification: Appropriate identification of entry to Wheat Ridge at a major gateway to City and its Hotel/Motel district is warranted. 176 Capital Investment Program City of WheatWidge Llh' Or Wheat j~ W 2008 Adopted Budget 3. Public Improvements Projects, Development Driven 2008 Budget: $90,000 Description: Up-coming developments may require City-financed street improvements. Justification: Contingent funding should be provided for special project needs. 4. Street Light Installation 2008 Budget: $6,000 Description: Installation of new streetlights requested by citizens and approved by the Public Works Department. Justification: New street lighting is provided to accommodate areas of the City which require additional lighting for safety or as otherwise justified by the City. 5. Street Preventative Maintenance Projects 2008 Budget: $1,390,000 Description: The annual street preventative maintenance work and costs are as follows: Asphalt patching and overlay area: 48th Avenue, Garrison to Wadsworth Garrison Street, South 1-70 Frontage Rd. to 50th Avenue Independence Street, North Frontage Rd. to 50th Avenue Yarrow Street, 42nd Avenue to 44th Avenue 41 st Avenue, Carr to Everett Estes Street, 38th Avenue to 41 st Avenue Everett Street, 38th Avenue to 41 st Avenue Everett Drive Field Drive 37th Place, west of Estes Street Garland Street, south of 38th Avenue Holland Court Hoyt Street, 35th Avenue to 39th Avenue Hoyt Court, north of 39th Avenue Independence Court, South of 35th Avenue 34th Drive, east of Kipling Street Jellison Court, south of 35th Avenue Includes the replacement of broken, distorted and non-compliant concrete curbs, sidewalks and handicap ramps on streets included in the Asphalt resurfacing project $ 1,205,000 Crack/slurry sealing area: Throughout the City by priority $ 185,000 177 Capital Investment Program 2008 Adopted Budget City of Wheat Ridge Fiscal Year 2008 Annual Budget Justification: Preventative street maintenance work is required to replace defective con- crete, replace or add to pavement surface by an asphalt overlay, patch isolated structural failures in existing asphalt streets, waterproof and improve the texture of asphalt wearing surfaces by a slurry seal coat and reduce water infiltration under pavements by sealing cracks. Preventative maintenance prolongs the useful life of streets and sidewalks and reduces the costly alternative of reconstructing streets. 6. 32nd &Youngfield Improvements 2008 Budget: $1,268,000 Description: Participate in the widening of 32nd Avenue and Youngfield Street as outlined in the 1-70/32nd Avenue Interchange Environmental Assessment. Justification: The transportation improvements identified in the Environmental Assessment are required to service the traffic generated from the new Cabela's Shopping Center. DPW Traffic 1. Neighborhood Traffic Management Projects 2008 Budget: $60,000 Description: Speed boards will be installed at two locations. In addition, speed humps and/or speed boards may be installed through the Neighborhood Traffic Management Program. Justification: Electronic speed boards will be installed at two locations that have a history of excessive speeding. The Neighborhood Traffic Management Program will be reinstituted in 2008. Parks and Recreation Capital Projects 1. Parking Lots and Drives Improvements 2008 Budget: $85,000 Description: Various park parking lots will be repaired by priority. Justification: The parking lots are deteriorated and require maintenance. Municipal Capital Projects 1. City Hall Improvements 2008 Budget: $360,000 Description: The HVAC hot water system boilers are scheduled for replacement in the last phase of the HVAC replacement project. The east City Hall parking lot will be reconstructed. Justification: The heating and air conditioning system at City Hall was essentially the 178 Capital Investment Program 11 City of Wheat gg e 2008 Adopted Budget original equipment prior to the recent HVAC replacement program. The controls for the equipment were replaced as a 2004 CIP project as phase 1 of a HVAC replacement plan. In 2005-6, Phase 2 consisted of replacing the chilled water system. The final phase of the project will replace the hot water heating equipment. The driveway and parking lots at City Hall were evaluated in 2004 and found to have substan- tial damage and inadequate drainage and subgrades. Replacement of the pavement was Adopted in phases over two years. The main driveway and west parking lot were repaired in 2006. Reconstruction of the west parking lot pavement is scheduled for 2008. 2. GIS Updates 2008 Budget: $335,000 Description: New aerial and topographic maps will be developed. Additional information layers will be created by priority. Justification: There is great need to complete a GIS for use by all departments in the City. The GIS will be a valuable aid in advancing work and responding to requests for information from the public. The existing aerial maps were produced in 2000 and are outdated. 3. Emergency Siren System 2008 Budget: $124,128 Description: The first phase of a City-wide emergency siren system will be constructed along Lena Gulch. Justification: The City does not have an outdoor early warning system at this time. The great- est exposure to a catastrophic event exists along Lena Gulch. 3. Senior Center HVAC System 2008 Budget: $140,500 Description: The HVAC system at the Senior Center is scheduled for replacement. Justification: The HVAC system at the Senior Center is relatively old and in disrepair. 179 Capital Investment Program CITY OF WHEAT RIDGE KIPLING ENTRY SIGN AND LANDSCAPING PROJECT # S-01-08 CTTY OF ARVADA ~ N PROJECT LOCATION i i - ' Cltt OF ARRNI I Z i AmAna . '1 I I I , 'l 1 II I 1 I`YfIM~~._ YR P = Lr IF t! -t-_ tL AM r - _ L- W. 7 ! f.::ere.vc r II ~ a I ~ w pZ ~O Qa w J 00 Q Op 'm U u 0. M m o z y z d w a ~ !0 O O ~ Y a E o 0 N e c~ z ~ T ~ Z k co c W co Q rc N w . ' om °00 oz ai rcw w a a V N p Z 45 oa z U) 0 z J (L Y U w ll~ CL 'A So a x V) V VN ~ `9 a c ~ e ~ q' ~ It q, 7 CYO s t2S i ~ ~ i J J~ V~ ] n L O V\ QVI., r)~ tl~ _K ~ VNQ, ~ N M ~ w ~ ° ~ \ ii s m Izu I~ ol ~ r V\ J ~ T a ~ g g i 1 A 1 0 Z V w Q Q O Q UEL J LC Q F = O N o ¢ ZZ ~55 0 0: LL Z 7 L) Q n w 55 mm o F w J w > p Q O0 U Q Q Z F LL p Q m U zo (D O co uj w O O O w y C7 ~O O W o U Q a a a > ° o fA ~Z U J m Q m O O O U v N m x N Z O 5 a 0 W ~Z 0 Q Q W J S ~m Op U t< m M m ~ o m w ~ j ~I O N C W z U 1 W 0 t tpp 3 Y a Q , o 0 y o U, N z ~ z T ° u~i o 00 0 F Z co 0 WN w. 9 o al r Z m m . rc W CL C) 0 z Q J ad z 0 N z J (L Y U w O K CL a kA d m 0 u Qi P W ma ) Vl V Q \ ~ ' y V a s m %A 0 V t ) y lp, a e, o~ nl V ~ c/~ N (J 0 `t1 i V\ t ~ g z N Z W O> Q Q U O O U. g > ~ y W ~Q Q 0 O ~ - g W Co (1) p w J c > Q ¢ Oy U J ¢ Z O F a o ¢ O m o U O z o 0 6 coo :3 ~ ~ O m U Q m a a a > Z U - O O O 0 g N N z 0 g a 0 J w oz ~O I- Q aJ w:3 a U. Oo ~m U v m~ o z i d w o 0 N 3 Y o a c . o o U C4 N 2 ? ~ m o o 'T z W Op w 00 t? ° N m ° oo gz ~w w a v 0 z a J ca z U N O z J IL Y U w ml~ O w a h INA C, c/~ n 0 ` %n 4 7' V\ V\ t o ~O ~ r6 `t Q, z N Z ¢ Q w U o U_ u" Q a~Q J Q F 0 0 zz 00 a 0 w mj O W w 0 j N~ F U Q p > U p Q co U Of z a F- LL O Q Z d m z z z w -j o v Q a a a > ° o cn Lni 0 ~z O U F5 C m O O O o° N m w to z 0 5 a 0 City of ~rWheatWdpre ITEM NO: 1 1 REQUEST FOR CITY COUNCIL ACTION R COUNCIL MEETING DATE: November 10, 2008 TITLE: APPROVAL OF AWARD OF PURCHASE FOR PLAYGROUND EQUIPMENT AT FRUITDALE PARK IN THE AMOUNT OF $52,401 ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ® BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) ❑ RESOLUTIONS Quasi-judicial: ❑ YES ect r of Parks and Recreation ® NO C--PC. % ~ r City Mana The playground equipment located in Fruitdale Park, 4700 Miller St. is in need of replacement. The playground will be updated to reflect current trends in play structures, such as climbers for balance and interactive play for younger children. A new fall surface for ADA accessibility will also be part of the project. This playground replaces a wooden structure which was installed in 1993 and has come to the end of its life expectancy. Park and playground equipment are available through the U.S Communities Cooperative Bids. This is an acceptable cooperative bid which meets the city's guidelines for open and fair competition. Landscape Structures commercial products and systems are available through Rocky Mountain Recreation in Littleton, CO. The total price is $52,401 which includes all product, delivery, materials and installation. Demolition and removal of existing equipment will be performed internally by the Parks Division Staff. COMMISSION/BOARD RECOMMENDATION: NA STATEMENT OF THE ISSUES: The playground equipment has been inspected on a regular basis following the guidelines of the CPSC (Consumer Product Safety Commission) by the City of Wheat Ridge nationally certified playground inspector. Staff recommends replacement due to the high level of use, age of the equipment and current frequency of the maintenance requirements. ALTERNATIVES CONSIDERED: To not award the contract for the replacement of the playground. FINANCIAL IMPACT: The budgeted amount for the playground replacement ($60,000) is appropriated in Fund 54- Conservation Trust Fund. The funds in this account may only be used for Parks and Recreation purposes. "I move to award the purchase of new playground equipment for Fruitdale Park to Rocky Mountain Recreation, Littleton, CO in the total amount of $52,401 to be charged to account 54-601-800-877." or, "I move to deny the approval of for the following reasons: " Report Prepared by: Rick Murray, Parks, Forestry and Open Space Manager Report Reviewed by: Joyce Manwaring, Parks and Recreation Director Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Proposal by Rocky Mountain Recreation 2. Site Plan for Fruitdale Park Playground. 3. U.S. Communities Information CONTACT: PHONE: FAX: SHIP TO: CHECKS TO B BE MADE MADE OUT OUT TO: TO: ~M%OAMAP ALLPURCHASEORDERS, ,AND PROPOSAL V%Om LANDSCAPE STRUCTURES, INC. g' 601 7TH STREET SOUTH, P.O. BOX 198 0 DELANO, MN 55328 U.S.A. October 24, 2008 DATE Mark Ruote Destination Wheat Ridge, CO 80033 303-205-7551 F.O.B. 303-467-5901 FREIGHT ❑ Prepaid ❑ Collect City of Wheat Ridge 9110 W. 44th Ave. Wheat Ridge, CO 80033 BILL TO: City of Wheat Ridge 9110 W. 44th Ave. Wheat Ridge, CO 80033 Net 30 TERMS (Subject To Credit Approval By LSI) Approximately 4-6 Weeks A.R.O. SHIPPING TIME November 23, 2008 PROPOSAL EXPIRATION DATE We are pleased to submit this proposal to supply the following items: 1 2182 EVOS structure # 2182 2160 32,130.00 2,160 $ 32,130.00 1 30 PLAYSENSE design # 30 790 5,080.00 790 $ 5,080.00 1 139266A Navigator Panel 26 365.00 26 $ 365.00 1 139264A Trail Tracker Panel 14 255.00 14 $ 255.00 4 11520A Learning Wall Posts 16 155.00 64 $ 620.00 Subtotal 3,054 $ 38450.00 SIGNATURE BELOWACCEPTJNG THISPROPOSAL WILL CONSTITUTEA PURCHASE ORDER ONL Y UPONAPPRO VAL BYLANOSCAPESTRUCTURES, INC. CUSTOMER RECEIPT OFANORDER ACRNOWLEDGEMENT CONSTITUTES SUCHAPPROVAL. U. S. COMMUNITIES DISCOUNT 6% ($2,307.00 DISCOUNTED MATERIALS $ 36,143.00 ACCEPTED BY CUSTOMER DATE COMMODITIES SURCHARGE $1,922.50 PRINT NAME FREIGHT $2,800.0( Jeff Lenart Octo6er24, 2008 PROPOSED BY LSI REPRESENTATIVE DATE SALES TAX exem p Jeff Lenart at Rocky Mountain Recreation Inc PRINT NAME TOTAL $40.865.5( ATTACHMENT 1 ROCKY MOUNTAIN RECKEATION ALL PURCHASE ORDERS, CONTRACTS and CHECKS TO BE MADE OUT TO: ROCKY MOUNTAIN RECREATION INC. P.O. BOX 620411 LITTLETON, CO 80162 303-783-1452 800-636-0199 Fax: 303-783-1454 CONTACT: Mark Ruote PHONE: 303-205-7553 FAX: EMAIL: mruote(&.cm.wheatr*dW.co.ua SHIP TO City of Wheat Ridge 9110 W. 44th Ave. Wheat Ridge, CO 80033 BILL TO: City of Wheat Ridge 9110 W. 44th Ave. Wheat Ridge, CO 80033 PROPOSAL October 24, 2008 Wheat Ridge, CO 80033 DESTINATION Common Carrier PREPAID SHIPPING METHOD FREIGHTTERMS APPROXIMATELY 4 WEEKS A.R.O. SHIPPING TIME net 30 TERMS November 23, 2008 PROPOSAL EXPIRATION DATE We are pleased to submit this proposal to supply the following items: QTY ITEM NO. DESCRIPTION UNIT WT UNIT PRICE WEIGHT EXTENDED AMT EQUIPMENT INSTALLATION Installation of EVOS #2182, Playsense and 2 Independent Panels with posts Comments: As noted on the surfacing proposal, this pricing is not rejleding the performance and payment bonding. This bonding would be 2%-3% of the totalproject, ACCEPTED BY CUSTOMER DATE PRINT NAME Lenart Octo6er24, 2008 11,535.00 Jeff Lenart PRINT NAME uj Hv aUn . rn N S L G w x co d 0 0 N O r e r C~ d N co W J r Q O C) LL LL! , 0:..`.:: a Q' F- Q W 2 N Z W a a U.S. Communities Page 1 of 2 t Think of wN;pseraea.Abanro. Ca4locg Conmumtles to fi t ' s rs Vfinrs Ni x COMMUNITIES tot PROVIDING SOLUTIONS- Cpaa"ue Huns Register To Participate U.S. Communities Government Purchasing Alliance U.S. CommuNUe9 Products ,...(U.S. Communities), a division of U.S. Communities Value Proposition Contracts '.`Public Smvioes Alliance was designed in coacannuen with Legal Authority an Advisory Board of local and slate government Value Preposition purchasing offli and is hurt, sponsored by the Key Participant Association of School Bus4ness Officials International Unpamlleied Participants Login ,(ASBO), the National Association of Counties(NACo), the VALUE About Us National Institute of Govemmenlal Purchasing(NIGP), the in public FAWs :National League of Cities (NLC), and the Unded States 0i Procurement Green Initiative Conference of Mayas(USCM). xr..,. Supplier Inquiry L.S. Communities proNdesa national purchasing foram forlocal and slate government agencies, school district (K-12), higher education and non-profits nallomvide by pooling the purchasing power of over 87,000 public agencies. COMPEM WELY SOLICITED PRODUCTS FROM THE SUPPLIERS YOU TRUST FOUNDING CO-SPONSORS X HAWORT ' ®HermanMiller rbs. A, 1" r OFFERING THOUSANDS OF BRANDS IN THE FOLLOWING CATEGORIES: NIGP J ®ORce Supplies ®Janiorial Supplies ®Office Furniture Park & Playground ®Office Machines *Maintenance& Hardware Supplies ^ ®School Supplies Homeland Security a Public Safety r CA?,lAI)lA% C YI V M W NIIIE'i School Furniture Roofing Supplies & Services Technology Product ® Auto Parts & Accessones m:rnwnu„at apcr'"".~/ u s rnu~r lLt rills Technolo9Y Solutions Housing Compliance Services ' qElectiical&Telecomm Synthetic TUd&Athietic Surfaces ® Sciencell-abware Supplies 0P.E. Supplies WHAT'S NEW! WHAT'S HOT! Go Green: U.S. Communities is the premier strategic sourcing solution for -1''• environmentally friendly product. Now, public agencies and nonprofits son have direct access to green products and services offered through the program by visiting our new green webpage. Canadian Communities: is an intemalional affiliate and intension of the U.S. http://www.uscommunities.org/ 10/31/2008 ATTACHMENT 3 U.S. Communities Page 2 of 2 Communities Government purchasing Alliance which provides a purchasing forum for local, provincial and state territorial government agencies, school districts, higher education and nonprofits throughout Canada. _i. Video Library: Watch this video and team how public agencies and non profits save money on their purchases through U.S. Communities participation. Now to Become a Supplier Partner. H you would like the opportunity, to becamea part of the U.S. Communities supplier team, please complete and submit the request o W a supplier form. Statute Update: State Code Clanfiration Expands Savings Opportunities for all Ohio Jurisdictions. Employee Login U.S. COmmunbas 2033 North Main Swett Suca 700 Worst Quick, CA 94596 mfolpusommurities org Copynght0 2007. All rights resew d, http://www.usconununities.org/ 10/31/2008 City of ~WheatWdge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 10, 2008 1,E, TITLE: MOTION FOR RATIFICATION OF THE COMPREHENSIVE PLAN CITIZENS ADVISORY COMMITTEE ❑ PUBLIC HEARING ® BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: YES ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) ® NO C~C-'Jr:~ City ager EXECUTIVE SUMMARY: The City is in the process of initiating an update to the Comprehensive Plan. Broad public outreach and involvement is critical to a successful comprehensive planning process. In order to ensure broad community participation, a Citizens Advisory Committees (CAC) is being formed to provide advice and feedback to the Planning Commission and City Council during the development of the Plan. Based on Letters of Interest received from citizens, staff prepared a recommended roster of members to serve on the CAC that was forwarded to the Mayor for review. The Mayor is asking City Council for ratification of the CAC Roster. COMMISSION/BOARD RECOMMENDATION: NA STATEMENT OF THE ISSUES: CACs need to be made up of citizens representing a broad range of interests and backgrounds. Generally CACs are comprised of 15 to 20 members. The proposed CAC has two representatives from each City Council District and representatives from specific interests such as parks and open space, business districts and youth. Letters of Interest (LOI) were requested from citizens interested in serving on a CAC. Approximately 20 letters were received to fill the eight City Council District positions. After reviewing the letters received, staff prepared a roster of recommended citizens to serve on the CAC. This roster was forwarded to the Mayor for his review and comment. Based on feedback from the Mayor, a finalized CAC Roster has been prepared. The Roster includes 20 members representing a diverse range of interests in the community. Many of the proposed members have also attended or are attending the City's Civic Academy or WR2020 Planning Academy. ALTERNATIVES CONSIDERED: To not form a CAC to provide advice during the comprehensive planning process and rely more heavily on the Planning Commission and City Council to guide the process. FINANCIAL IMPACT: Approximately $800 has been budgeted to cover the cost of printing, postage, meeting supplies and refreshements for CAC meetings. "I move for ratification of the Comprehensive Plan Update Citizens Advisory Committee." or, "I move to deny ratification of the Citizens Advisory Committee for the following reasons: " Report prepared by: Ken Johnstone Report reviewed by: Patrick Goff ATTACHMENTS: 1. CAC Roster T H M d d !C O C v O O C a L- y a0 > a~i C E d E t O 2 0 CL r E o O !1l Ua a c m N Y U =941-1 eldw9x3 x loulsip sseuisng x poomaidd dM aspdjalu3 x loulsia ssauisng dM x is)img alels3 dead x ladolanap x 43noA x (Z) uoissiwwo3 6uiuueld x x (Z)OZOZ a6p!d lea4M x x aleoonp sliejl'eoedg x uado 'shied (Z) dad y loulsid x x (Z) dad E loplsl4 x x (Z) dad Z loulsi(] x x (Z) dad t lonlsi4 x x C (6 N MEN 'C C w N 'C m N O J Z N L a 0 N N N N O (0 {p N r 3 O L t0 C C C_ l0 O O O N O H Y O c L (O (n C M O A L Q J m N U) N ~ C C C R' y O U N co t6 C m N U C p m N E C N L l0 E p 0 T 41 N J O J C R L O O d V O (A U) Q 1 12 10 Y O )l (n Q ❑ F- M J ❑ W m " N M V LL7 (O I- CO O) O r N co T ] ID (O W W O a U m c 0 U C O N O C fn (0 L `o O J 'O C N fp O C a \'w~ I Z W City of " WheatRjdge ITEM NO: a_ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 10, 2008 TITLE: COUNCIL BILL NO. 18-2008 - AN ORDINANCE APPROVING ANNEXATION TO THE CITY OF WHEAT RIDGE OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX-08-01/COORS AT CLEAR CREEK) ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (10/27/2008) ® ORDINANCES FOR 2ND READING (11/10/2008) Quasi-judicial: ❑ YES V J1 ~44; ommunity Devel m nt Director EXECUTIVE SUMMARY: ® NO CAE.-Q~ City Manag The property under consideration for annexation is one of two annexations of property located to the west of the Cabela's/Coors property annexed in 2005. It is located north of Clear Creek and south of State Highway 58 at Indiana Street extended. The property is located within the boundary of the City's Urban Growth Area plan. Under the Municipal Annexation Act, the annexation of property to a municipality must be accomplished by ordinance with an accompanying resolution of findings of fact regarding the petition. The adoption of the resolution of findings of fact and the annexation ordinance on first reading occurred on October 27, 2008. Adoption of the attached ordinance will annex the property into the City of Wheat Ridge. On September 22, 2008, City Council adopted a resolution finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation. Under state statutes, territory is eligible to be annexed if more than 50% of the owners of more than 50% of the land sought to be annexed sign the annexation petition, at least 1/6th of the boundary of the land sought to be annexed is contiguous with the current City boundary, that a community of interest exists between the area proposed to be annexed and the annexing municipality, that the area is urban or will be urban in the near future, and that said area is or is capable of being integrated with the annexation municipality. None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: The property is located directly to the west of the boundary of the Cabela's/Coors Outline Development Plan area which was annexed and zoned in 2005. The proposed annexation area encompasses the right-of-way for Cabela Drive which was previously dedicated to the City of Wheat Ridge. The property is designated as planned business park within the city's urban growth boundary area, which is an addendum to the Comprehensive Plan. The decision to annex a property is a legislative decision of City Council. The 1/6th contiguity requirement is met. The petitioner represents more than 50% of the landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. This ordinance is being considered with a companion petition for adjacent property to the west in order to meet the contiguity requirement. The City is required to zone the property within 90 days of adoption of the annexation petition. The proposed annexation agreement provides that the property owner will apply for a "holding zoning" on the property such as A-1 or A-2 in order to meet the 90 day zoning requirement. The annexation agreement further provides that within 24 months, the owner will apply for a Planned Commercial Development Outline Development Plan which will have generally the same allowed uses and development standards as approved for Lots 9 and 10 of the Cabela's Outline Development approved in 2005. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the council bill: 1. Adopt a motion to adopt the council bill approving the annexation. 2. Adopt a motion to deny the council bill. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the city to provide police protection. The City will received property tax revenues generated by the improvements on the property. One-time fees for annexation were submitted with the petition. "I move to approve Council Bill No. 18-2008, an ordinance approving an annexation to the City of Wheat Ridge on second reading and that it take effect upon recordation of three certified copies of the annexation ordinance and map of the area annexed with the Jefferson County Clerk and Recorder as provided by C.R.S. 31-113." Or "I move to table indefinitely Council Bill No. 18-2008, an ordinance approving annexation to the City of Wheat Ridge for the following reason(s): " Report prepared by: Meredith Reckert, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development ATTACHMENTS: 1. Council Bill No. 18-2008 2. Annexation Impact Report with draft Annexation Agreement 3. Annexation Map CITY OF WHEAT RIDGE, COLORADO Council Bill 18-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-01/COORS AT CLEAR CREED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on August 29, 2008, by the owners of over fifty percent (50%) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50%) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on September 22, 2008, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2. Annexation Approved. That the annexation to the City of the following described property is hereby approved: BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; ATTACHMENT 1 THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 32°29'03" WEST, 189.48 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 52047'22" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39035'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 32040'24" EAST, 57.33 FEET TO A POINT; 3. SOUTH 57019'36" EAST, 10.00 FEET TO A POINT; 4. NORTH 32040'24" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46033'18" EAST AND HAS A CHORD LENGTH OF 283.10 FEET, THROUGH A CENTRAL ANGLE OF 27°45'48", FOR AN ARC LENGTH OF 285.89 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102- H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87000'55" EAST, 741.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CA13ELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.60 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53001'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 545,083 SQUARE FEET OR 12.513 ACRES OF LAND, MORE OR LESS. Section 3. Effective Date. This ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on the 27th day of October, 2008, 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 November 10, 2008, 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 10th day of November, 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: October 30, 2008 Second Publication: Wheat Ridge Transcript: Effective Date: 3 ANNEXATION IMPACT REPORT Coors at Clear Creek Colorado Revised Statutes require the following information to be contained within an Annexation Impact Report: a) A map or maps of the municipality and adjacent territory to show the following information: I) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; II) The present streets, major trunk water mains, sewer interceptors, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and 111) The existing and proposed land use pattern in the areas to be annexed. The information requested in aj - Ij and 11) above is presented in graphic form as an attachment. Current City of Wheat Ridge boundaries are shown on the Annexation Map, along with the proposed extension that would be accomplished with this project. Existing streets, major trunk water mains, sewer interceptors and outfalls and utility lines are shown on the Annexation Impact Map. The property to be annexed is currently undeveloped. The proposed land use pattern to be considered at the time of annexation will be unchanged from existing Jefferson County zoning. A rezoning application will be submitted for this property as part of the Clear Creek/Cabela's property. The proposed rezoning application contemplates retail, commercial and office uses with large tracts of undeveloped open land b) A copy of any draft or final pre-annexation agreement, if available; The Annexation Agreement is attached. c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, with the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; As outlined in the Annexation Agreement, municipal services will be provided to the area to be annexed. At the time of annexation, police protection, parks and recreation and general government services will be the responsibility of the City of Wheat Ridge. Other Services such as water, sanitary sewer and fire protection will be provided by existing special districts. A service inclusion agreement will be filed with the adjoining special districts including the Applewood Sanitation District, the North Table Mountain Water and Sanitation District and the West Metro Fire Protection District. At the time of this submittal, negotiations are currently under way for inclusion in these districts. dj A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; ATTACHMENT 2 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement') is entered into and made effective as of the day of 2008, between the CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado, whose address is 7500 W. 29 h Avenue, Wheat Ridge, Colorado 80033 (the "City"), and COORS BREWING COMPANY, whose address is (the "Owner"), collectively referred to herein as "the Parties" or individually as a "Party". Sections 1 through 6, inclusive, of this Agreement shall be effective only upon the annexation of the real property more fully described below into the City. RECITALS AND REPRESENTATIONS: WHEREAS, the Owner is the sole owner of the property located in Jefferson County, Colorado, more fully described on Exhibit A attached hereto and incorporated into this Agreement (the "Property"); and WHEREAS, pursuant to the Colorado Municipal Annexation Act, C.R.S. §§31-12-101, et seq., the Owner has filed a petition for annexation of the Property into the City; and WHEREAS, the City wishes to control its growth in a planned and orderly fashion, maintaining and improving its quality of life and its ability to provide and enhance environmental amenities, services, and local opportunity for its citizens; and WHEREAS, the Owner wishes to develop the Property for use or uses compatible with its objectives and those of the City; and WHEREAS, development of the Property may necessitate public infrastructure improvements and public services, may contribute to the economic growth of the City, and may increase future tax revenues received by the City, and is a development project for which any economic incentives may serve a lawful public purpose; and WHEREAS, it is in the public interest for the Parties to enter into a written agreement regarding the matters addressed in this Agreement. COVENANTS: NOW, THEREFORE, in consideration of the mutual covenants contained herein and the annexation of the Property by the City, the adequacy and sufficiency whereof are acknowledged, the Parties agree as follows: 1. EFFECTIVE DATE AND TERM OF AGREEMENT, CITY JURISDICTION OVER PROPERTY. 1.1 EFFECTIVE DATE AND TERM OF AGREEMENT. This Agreement shall be effective upon execution by the Parties. Unless earlier terminated as provided herein, the term of this Agreement shall expire upon the completion of the obligations set forth in Sections 3.1, 3.2, 4, 5 and 6 hereof, and final resolution of any legal challenges to the same, and inclusion of the Property into the Long's Peak Metropolitan District. After the expiration of the term or earlier termination as provided below, this Agreement shall be deemed terminated and of no further force and effect; provided, however, such termination shall not affect: a. Annexation of the Property into the City; b. Any right or entitlements arising from approval of the Annexation Ordinance, Zoning Ordinance, PCD (as defined below), and the Subdivision Application, all as hereinafter defined, City permits, approvals or other entitlements for the Property which were granted or approved prior to, concurrently with, or subsequent to the approval of this Agreement and that are contemplated to continue after termination of this Agreement; c. Any continuing rights to share in the Public Improvement Fee (as defined in the IGA); and d. The zoning of the Property. 1.2. CITY JURISDICTION OVER PROPERTY. Except as expressly set forth in Sections 3 and 4 below with respect to zoning and improvements, the Property shall, upon annexation, be subject to all of the ordinances, codes, rules, regulations, policies and applicable contracts of the City, as now or hereafter constituted. 2. MUNICIPAL SERVICES. The City shall provide to the Property the usual and customary municipal services provided by the City within its municipal limits generally, in accordance with the ordinances and policies of the City. 2.1 LONGS PEAK METROPOLITAN DISTRICT. Owner will petition for inclusion of the Property into the Longs Peak Metropolitan District (the "(Metro District") immediately upon, but in no event later than sixty (60) days following the effective date of the annexation. In the event the Property is included in the Metro District, the Property shall be subject to all of the rights and obligations of the Metro District, including without limitation the obligation to impose a covenant levying a Public Improvements Fee as set forth in the Intergovernmental Agreement, dated December 11, 2006, between the Metro District and the City (the "IGA"), and that the Property shall be subject to all then preexisting debt of the Metro District. In the event the Owner is not successful in its petition to include the Property into the Metro District, the City may, at its option, require that the Owner petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner shall take all actions necessary to complete such disconnection. 2.2 FIRE PROTECTION SERVICES. The City does not provide municipal fire protection services but such services are available generally from the Fairmount Fire Protection District. If the Property is not within said district, the Owner shall use reasonable efforts to cause the Property to be included within the same, provided, however, the Property shall be included within either the Fairmont Fire Protection district or some other fire protection district prior to and as a condition of the City's issuance of a building permit for above-grade new 2 construction located within the Property. 2.3 POLICE SERVICES. The City shall provide police services to the Property upon the same basis as such services are provided to other property within the City. 2.4 ELECTRIC. NATURAL GAS. TELEPHONE, CABLE TV AND OTHER UTILITY SERVICES. The City does not provide electric, natural gas, telephone, or cable TV facilities or services. Such services are available within the City from private entities. The extension of such services to the Property is not the obligation or responsibility of the City, provided that the City shall cooperate with efforts by Owner to obtain utility services, such cooperation not to be at any out-of-pocket cost to the City. 2.5 TRANSPORTATION SERVICES. The City shall maintain duly dedicated and accepted public streets and roads within its municipal boundaries which serve the Property, both on and off-site, upon the same basis as such services are provided to other property within the city. 2.6 OTHER SERVICES. The City shall provide other services to the Property upon the same basis as such services are provided by City to other similarly situated property within the City, except as otherwise provided in the IGA. 3. ZONING & SUBDIVISION. 3.1 ZONING. The Parties' mutual desire and decision to annex the Property into the City is based in part upon their expectation that development thereof will occur in accordance with the provisions of this Section 3. The Zoning application to be filed by the Owner will propose, and the City will consider for approval upon annexation, Agricultural-One (A-1 or Agricultural Two (A-2) zoning for the Property via an ordinance (the "Zoning Ordinance"). The parties agree that the Owner shall thereupon have the right, within twenty-four (24) months of the Annexation Completion Date, as set forth in Section 5, to apply for rezoning to Planned Commercial Development (PCD). The parties anticipate that such PCD will have generally the same allowed uses and development standards applicable to Lots 9 and 10 of the Cabela's Outline Development Plan previously approved by the City and recorded as Reception Number 2006116321 on April 25, 2006, but subject to such modifications as are agreed-upon by the Owner and the City and consistency with the traffic assumptions relied upon by the traffic study to be submitted as part of the PCD application. In the event the City does not adopt, on or before the Annexation Completion Date (as defined in Article 5 below), an ordinance approving A-1 and/or A-2 zoning, the Owner shall have the rights set forth in Section 5. In the event the City does not adopt a PCD that is acceptable to Owner, Owner may, at its option petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner and City shall take all actions necessary to complete such disconnection. If the Owner does not apply for the PCD within twenty-four (24) months after the Annexation Completion Date, as defined in Section 5, the City shall have the right, exercisable only within ninety (90) days after expiration of such twenty-four- (24) month period, to require the Owner to petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner and City shall take all actions necessary to complete such disconnection, provided that 3 the City shall first give the Owner sixty (60) days' notice of its intent to require such disconnection and shall not require such disconnection if the Owner files for the PCD within such sixty (60) day period. 3.2 SUBDIVISION. Prior to annexation, Owner shall submit and the City shall consider an application for subdivision of the Property (the "Subdivision Application"). Owner and the City agree that the Property will be subdivided into at least three parcels (with a remainder tract), created by the alignment of Cabela Drive which will traverse the Property, the right-of-way of Colorado Highway 58 on the north, and a private railroad on the east and south. The general location and configuration of the Parcels is denoted on Exhibit B. The parties agree that the Subdivision Application, when and if granted, shall result in a simple subdivision of three parcels, as described above, for the purpose of enabling the conveyance of those parcels. The parties agree that the specific public improvements required in connection with ultimate development of the Property shall be determined during the process of zoning the Property to Planned Commercial Development and any associated Outline, and Final, Development Plan, in accordance with applicable regulations of the City. The Owner shall in any event participate in the construction and financing of such off-site improvements as set forth in the IGA. Any subdivision of the Property following annexation shall be in accordance with City subdivision and other applicable regulations in effect at the time application is made for subdivision approval. 4. REQUIRED DEDICATIONS. The Parties acknowledge that Owner has conveyed that portion of the Property reasonably necessary for the right-of-way of the proposed Cabela's Drive. The City reserves the right to require such public improvements, dedications, and exactions as necessary to satisfy the requirements of the proposed development plan submitted in connection with any rezoning of the Property to PCD or other zoning category. 5. EFFECTIVE DATE OF ANNEXATION. The annexation of the Property shall be effective upon passage of the Annexation Ordinance. The City shall promptly file the Annexation Ordinance and map upon adoption of the Annexation Ordinance (the time of such filing shall be the "Annexation Completion Date"). 6. REFERENDUM OR LEGAL CHALLENGE. The Parties understand and acknowledge that the annexation and zoning of the Property may be subject to public referendum or challenge by the filling of litigation in a state or federal court. In the event of the filing of a public referendum, the City may incur costs and expenses related to conducting a municipal election, including but not limited to costs and expenses of publication, printing and mailing, reasonable attorney fees, and the costs of retaining the services of election judges. The Parties shall jointly pay all reasonable costs and expenses incurred by the City in conducting such election, regardless of outcome. In the event that the ordinances or other approvals to be considered by the City relative to the annexation, zoning (which for purposes of this Section 6 shall include the PCD), subdivision of the Property become the subject of a citizen-petitioned referendum or litigation, the ordinances or approvals subject to such referendum or litigation and this Agreement shall be suspended pending the outcome. If the result of the referendum election is to reject such annexation, zoning or subdivision, or if the settlement or judgment in any litigation prevents the annexation, zoning or subdivision as contemplated herein, all of the provisions contained herein shall be null and void and of no effect, and such rejection shall be 4 deemed a "failure to serve" pursuant to C.R.S. Section 31-12-119, but shall not be deemed to be a default by the City under Section 13.b and remedies provided therein shall not be available. Conversely, if the result of such referendum election or litigation is to affirm such annexation, zoning and/or subdivision, the Property shall be deemed finally annexed, zoned and/or subdivided, as applicable, whereupon this Agreement shall remain effective and the Parties shall be bound by all of the terms and conditions contained herein as of the date of this Agreement. To the extent Owner or the City choose, in their sole and exclusive discretion, to defend and participate in such a referendum or defense of litigation, the Parties shall each be solely responsible for their separate costs and attorneys' fees relating to the same. 7. ADDITIONAL INCENTIVES. The City and Owner shall work with each other to determine whether any Owner development undertaken on the Property qualifies for any other tax credits or tax incentives, or any grants. 8. OWNERS' ASSOCIATIONS. The Owner reserves the right to impose covenants upon any portion of the Property and to form one or more owners' associations for all or any portions of the Property which shall assume responsibilities for collecting funds to pay common expenses, to repair and maintain common areas and to enforce restrictive covenants, including any covenants required by inclusion in the Metro District. 9. MISCELLANEOUS. 9.1. NO VESTING OF RIGHTS. Nothing in this Agreement shall be construed to vest any property rights to the development of the Property, including but not limited to vesting of rights in accordance with Article I of Chapter 26 of the Wheat Ridge Code of Laws or Article 68 of Title 24, Colorado Revised Statutes. 9.2. WAIVER. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Parry. 9.3. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the successors, heirs, legal representatives, and assigns of the Parties, and the benefits and burdens hereof shall constitute covenants running with the Property. In the event that all or part of the Property is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth in this Agreement. 9.4. ASSIGNMENT. Owner may assign its respective rights and duties hereunder in whole or in part to others who become fee title holders of any portion of the Property, or to not less than all of the ground lessees of the Property, and Owner may assign any or all of its respective rights and interests hereunder to its parent company, to perform its respective obligations hereunder. In the case of an assignment to any fee title holders of the Property, Owner shall be released of all obligations hereunder upon the written assumption by assignee of all of Owner's rights and obligations hereunder. Except as provided in this paragraph, noassignment shall release the Property from any restrictions imposed upon the Property by this Agreement, unless a specific release has been given by the City in writing. The City may, but 5 shall not be obligated to release the seller or ground lessors in such transactions; however, any such release must be executed in writing by the City and recorded with the Jefferson County Clerk and Recorder in order to effective. 9.5. NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Owner, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intent of the City and Owner that any person other than the City or the Owner receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Notwithstanding the foregoing, upon the inclusion of the Property into the Metro District, the Metro District shall be deemed to be a third party beneficiary with the right to enforce the provisions of this Agreement that are applicable to it. 9.6. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be governed by the laws of the State of Colorado. This Agreement may be enforced at law or in equity. Jurisdiction and venue shall be proper and exclusive in the district court for Jefferson County, Colorado. In addition to any other available remedies, the City may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot or structure within the Property owned at the time by Owner or a developer successor of Owner in the event of a breach of this Agreement by the Owner. 9.7. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 9.8. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the Parties and no additional or different representation, promise or agreement, written or oral, shall be binding upon either Party with respect to the subject matter hereof. This Agreement may be amended only by an instrument in writing signed by the Parties. 9.9. SEVERABILITY. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 9.10. RECORDATION OF AGREEMENT. This Agreement shall be recorded by the City with the Clerk and Recorder's Office of Jefferson County, Colorado. The Owner shall pay the reasonable cost of recordation of this Agreement, the Annexation and Zoning Ordinances, the Annexation Map, and any and all other documents necessary to perfect the Annexation, upon request by the City. 6 DATED the day of 2008. ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM: CITY OF WHEAT RIDGE, a municipal corporation Jerry DiTullio, Mayor Gerald Dahl, City Attorney COORS BREWING COMPANY: By: Name and Title: STATE OF COLORADO ) ) ss. COUNTY OF 1 The above and foregoing instrument was acknowledged before me this , 2008, by as Brewing Company, Owner. _ day of of Coors My Commission expires: Exhibit A to Annexation Agreement Legal Description of the Property (attached) Exhibit B to Annexation Agreement Diagram showing Cabela Drive Right of Way and Three Parcels to be created within the Property (attached) 10 Wheatj~idge ITEM NO: 3- REQUEST FOR CITY COUNCIL ACTION ~M a, '~i - COUNCIL MEETING DATE: November 10, 2008 TITLE: COUNCIL BILL NO. 19-2008 - AN ORDINANCE APPROVING ANNEXATION TO THE CITY OF WHEAT RIDGE OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, AND APPROVING THE ANNEXATION (CASE NO. ANX-08-02/COORS AT CLEAR CREED R PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (10/27/2008) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (11/10/2008) ❑ RESOLUTIONS Quasi-judicial: A ❑ YES Community V' EXECUTIVE SUMMARY: ® NO City Managg The property under consideration for annexation is one of two annexations of property located to the west of the Cabela's/Coors property annexed in 2005. It is located north of Clear Creek and south of State Highway 58 at Indiana Street extended. The property is located within the boundary of the City's Urban Growth Area plan. Under the Municipal Annexation Act, the annexation of property to a municipality must be accomplished by ordinance with an accompanying resolution of findings of fact regarding the petition. The adoption of the resolution of findings of fact and the annexation ordinance on first reading occurred on October 27, 2008. Adoption of the attached ordinance will annex the property into the City of Wheat Ridge. On September 22, 2008, City Council adopted a resolution finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation. Under state statutes, territory is eligible to be annexed if more than 50% of the owners of more than 50% of the land sought to be annexed sign the annexation petition, at least 1/6th of the boundary of the land sought to be annexed is contiguous with the current City boundary, that a community of interest exists between the area proposed to be annexed and the annexing municipality, that the area is urban or will be urban in the near future, and that said area is or is capable of being integrated with the annexation municipality. None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: The property is located directly to the west of the boundary of the Cabela's/Coors Outline Development Plan area which was annexed and zoned in 2005. The proposed annexation area encompasses the right-of-way for Cabela Drive which was previously dedicated to the City of Wheat Ridge. The property is designated as planned business park within the city's urban growth boundary area, which is an addendum to the Comprehensive Plan. The decision to annex a property is a legislative decision of City Council. The 1/6th contiguity requirement is met. The petitioner represents more than 50% of the landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. This ordinance is being considered with a companion petition for adjacent property to the east in order to meet the contiguity requirement. The City is required to zone the property within 90 days of adoption of the annexation petition. The proposed annexation agreement provides that the property owner will apply for a "holding zoning" on the property such as A-1 or A-2 in order to meet the 90 day zoning requirement. The annexation agreement further provides that within 24 months, the owner will apply for a Planned Commercial Development Outline Development Plan which will have generally the same allowed uses and development standards as approved for Lots 9 and 10 of the Cabela's Outline Development approved in 2005. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the council bill: 1. Adopt a motion to adopt the council bill approving the annexation. 2. Adopt a motion to deny the council bill. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the city to provide police protection. The City will received property tax revenues generated by the improvements on the property. One-time fees for annexation were submitted with the petition. RECOMMENDED MOTIONS: "I move to approve Council Bill No. 19-2008, an ordinance approving an annexation to the City of Wheat Ridge on second reading and that it take effect upon recordation of three certified copies of the annexation ordinance and map of the area annexed with the Jefferson County Clerk and Recorder as provided by C.R. S.31-113." Or "I move to table indefinitely Council Bill No. 19-2008, an ordinance approving an annexation to the City of Wheat for the following Report prepared by: Meredith Reckert, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development ATTACHMENTS: 1. Council Bill No. 19-2008 2. Annexation Impact Report with draft Annexation Agreement 3. Annexation Map CITY OF WHEAT RIDGE, COLORADO Council Bill 19-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-02/COORS AT CLEAR CREED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on August 29, 2008, by the owners of over fifty percent (50%) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50%) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on September 22, 2008, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2. Annexation Approved. That the annexation to the City of the following described property is hereby approved: BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°2244" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; ATTACHMENT I THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85°00'54" WEST, 480.94 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY OF SAID CORRECTION DEED THE FOLLOWING SIX (6) COURSES: 1. SOUTH 89049'59" WEST, 310.18 FEET TO A POINT; 2. SOUTH 88036'28" WEST, 125.11 FEET TO A POINT; 3. SOUTH 85049'53" WEST, 273.10 FEET TO A POINT; 4. NORTH 88015'34" WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE SOUTHERLY; 5. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, AND WHOSE LONG CHORD BEARS SOUTH 88028'30" WEST AND HAS A CHORD LENGTH OF 150.82 FEET, THROUGH A CENTRAL ANGLE OF 06031'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON-TANGENCY; 6. NORTH 00011'45" WEST, 362.13 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 86015'04" EAST, 260.84 FEET TO A POINT; 2. SOUTH 74033'52" EAST, 239.61 FEET TO A POINT; 3. NORTH 74018'51" EAST, 322.38 FEET TO A POINT; 4. NORTH 63000'12" EAST, 458.54 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE THE FOLLOWING TWO (2) COURSES: 1. NORTH 80035'52" EAST, 231.36 FEET TO A POINT; 2. NORTH 87000'55" EAST, 208.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN RIGHT-OF-WAY AS DESCRIBED AND CONVEYED IN THAT CERTAIN SPECIAL WARRANTY DEED ON FILE AT RECEPTION No. 2007136692; THENCE ALONG THE BOUNDARY OF SAID RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: 1. SOUTHWESTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46°33'18" WEST AND HAS A CHORD LENGTH OF 283.10 FEET, THROUGH A CENTRAL ANGLE OF 27°45'48", FOR AN ARC LENGTH OF 285.89 FEET TO A POINT OF TANGENCY; 2. SOUTH 32°40'24" WEST, 57.33 FEET TO A POINT; 3. NORTH 57°19'36" WEST, 10.00 FEET TO A POINT; 2 4. SOUTH 32°40'24" WEST, 57.33 FEET TO A NON-TANGENT CURVE TO THE RIGHT CONCAVE NORTHWESTERLY; 5. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 52°47'22" WEST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; THENCE LEAVING SAID BOUNDARY, SOUTH 32029'03" EAST, 189.48 FEET TO THE POINT OF BEGINNING. CONTAINING 535,845 SQUARE FEET OR 12.301 ACRES OF LAND, MORE OR LESS. Section 3. Effective Date. This ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on the 27th day of October, 2008, 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 November 10, 2008, 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 10th day of November, 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: October 30. 2008 Second Publication: _ Wheat Ridge Transcript: Effective Date: ANNEXATION IMPACT REPORT Coors at Clear Creek Colorado Revised Statutes require the following information to be contained within an Annexation Impact Report: a) A map or maps of the municipality and adjacent territory to show the following information: 1) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; 11) The present streets, major trunk water mains, sewer interceptors, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and 111) The existing and proposed land use pattern in the areas to be annexed. The information requested in a) -1) and 11) above is presented in graphic form as an attachment. Current City of Wheat Ridge boundaries are shown on the Annexation Map, along with the proposed extension that would be accomplished with this project. Existing streets, major trunk water mains, sewer interceptors and outfalls and utility lines are shown on the Annexation Impact Map. The property to be annexed is currently undeveloped. The proposed land use pattern to be considered at the time of annexation will be unchanged from existing Jefferson County zoning. A rezoning application will be submitted for this property as part of the Clear Creek/Cabela's property. The proposed rezoning application contemplates retail, commercial and office uses with large tracts of undeveloped open land. b) A copy of any draft or final pre-annexation agreement, if available; The Annexation Agreement is attached. c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, with the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; As outlined in the Annexation Agreement municipal services will be provided to the area to be annexed. At the time of annexation, police protection, parks and recreation and general government services will be the responsibility of the City of Wheat Ridge. Other Services such as water, sanitary sewer and fire protection will be provided by existing special districts. A service inclusion agreement will be filed with the adjoining special districts including the Applewood Sanitation District, the North Table Mountain Water and Sanitation District and the West Metro Fire Protection District. At the time of this submittal, negotiations are currently under way for inclusion in these districts. d) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; ATTACHMENT 2 Financing for roadway, water, sanitary sewer and storm sewer infrastructure will be the responsibility of the developer of the Cabela's site and through the inclusion into the Long's Peak Metropolitan District (Metro District). The Metro District will issue bonds which will be retired from two revenue sources: 1) A sales tax shared back by the City of Wheat Ridge, and 2) A Public Improvement Fee. Other services provided by the City of Wheat Ridge will be financed by the retained portion of the sales tax revenue and the property tax generated by the proposed development. e) A statement indentifying existing districts within the are to be annexed; Existing districts include: 1) Urban Drainage & Flood Control District12480 W. 26`" Ave. / Denver, CO 80211 2) Prospect Recreation and Park District/ 4198 Xenon St. / Wheat Ridge, CO 80033 3) West Metro Fire Protection District/ 445 S. Allison/Lakewood, CO 80226 4) Fairmont Fire Protection District147551sabel/Golden, CO 80403 5) Law Enforcement Authority c% Jefferson County Sheriffs Office / 200 Jefferson County Pkwy/Golden, CO 80409 6) Jefferson County School District R-1 / 1829 Denver West Dr. /Golden, CO 80401 f) A statement on the effect of annexation upon local public school district systems, including estimated number of students generated and the capital construction required to educate such students. Annexation of the Coors at Clear Creek retail facility will have no impact on Jefferson County School District R-1 because the project does not include any residential developments and, therefore, will not generate any student demand for the school district. ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement") is entered into and made effective as of the day of , 2008, between the CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado, whose address is 7500 W. 29 h Avenue, Wheat Ridge, Colorado 80033 (the "City"), and COORS BREWING COMPANY, whose address is (the "Owner"), collectively referred to herein as "the Parties" or individually as a "Party". Sections 1 through 6, inclusive, of this Agreement shall be effective only upon the annexation of the real property more fully described below into the City. RECITALS AND REPRESENTATIONS: WHEREAS, the Owner is the sole owner of the property located in Jefferson County, Colorado, more fully described on Exhibit A attached hereto and incorporated into this Agreement (the "Property"); and WHEREAS, pursuant to the Colorado Municipal Annexation Act, C.R.S. §§31-12-101, et seq., the Owner has filed a petition for annexation of the Property into the City; and WHEREAS, the City wishes to control its growth in a planned and orderly fashion, maintaining and improving its quality of life and its ability to provide and enhance environmental amenities, services, and local opportunity for its citizens; and WHEREAS, the Owner wishes to develop the Property for use or uses compatible with its objectives and those of the City; and WHEREAS, development of the Property may necessitate public infrastructure improvements and public services, may contribute to the economic growth of the City, and may increase future tax revenues received by the City, and is a development project for which any economic incentives may serve a lawful public purpose; and WHEREAS, it is in the public interest for the Parties to enter into a written agreement regarding the matters addressed in this Agreement. COVENANTS: NOW, THEREFORE, in consideration of the mutual covenants contained herein and the annexation of the Property by the City, the adequacy and sufficiency whereof are acknowledged, the Parties agree as follows: 1. EFFECTIVE DATE AND TERM OF AGREEMENT; CITY JURISDICTION OVER PROPERTY. 1.1 EFFECTIVE DATE AND TERM OF AGREEMENT. This Agreement shall be effective upon execution by the Parties. Unless earlier terminated as provided herein, the term of this Agreement shall expire upon the completion of the obligations set forth in Sections 3.1, 3.2, 4, 5 and 6 hereof, and final resolution of any legal challenges to the same, and inclusion of the Property into the Long's Peak Metropolitan District. After the expiration of the term or earlier termination as provided below, this Agreement shall be deemed terminated and of no further force and effect; provided, however, such termination shall not affect: a. Annexation of the Property into the City; b. Any right or entitlements arising from approval of the Annexation Ordinance, Zoning Ordinance, PCD (as defined below), and the Subdivision Application, all as hereinafter defined, City permits, approvals or other entitlements for the Property which were granted or approved prior to, concurrently with, or subsequent to the approval of this Agreement and that are contemplated to continue after termination of this Agreement; c. Any continuing rights to share in the Public Improvement Fee (as defined in the IGA); and d. The zoning of the Property. 1.2. CITY JURISDICTION OVER PROPERTY. Except as expressly set forth in Sections 3 and 4 below with respect to zoning and improvements, the Property shall, upon annexation, be subject to all of the ordinances, codes, rules, regulations, policies and applicable contracts of the City, as now or hereafter constituted. 2. MUNICIPAL SERVICES. The City shall provide to the Property the usual and customary municipal services provided by the City within its municipal limits generally, in accordance with the ordinances and policies of the City. 2.1 LONGS PEAK METROPOLITAN DISTRICT. Owner will petition for inclusion of the Property into the Longs Peak Metropolitan District (the "(Metro District") immediately upon, but in no event later than sixty (60) days following the effective date of the annexation. In the event the Property is included in the Metro District, the Property shall be subject to all of the rights and obligations of the Metro District, including without limitation the obligation to impose a covenant levying a Public Improvements Fee as set forth in the Intergovernmental Agreement, dated December 11, 2006, between the Metro District and the City (the "IGA"), and that the Property shall be subject to all then preexisting debt of the Metro District. In the event the Owner is not successful in its petition to include the Property into the Metro District, the City may, at its option, require that the Owner petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner shall take all actions necessary to complete such disconnection. 2.2 FIRE PROTECTION SERVICES. The City does not provide municipal fire protection services but such services are available generally from the Fairmount Fire Protection District. If the Property is not within said district, the Owner shall use reasonable efforts to cause the Property to be included within the same, provided, however, the Property shall be included within either the Fairmont Fire Protection district or some other fire protection district prior to and as a condition of the City's issuance of a building permit for above-grade new 2 construction located within the Property. 2.3 POLICE SERVICES. The City shall provide police services to the Property upon the same basis as such services are provided to other property within the City. 2.4 ELECTRIC, NATURAL GAS, TELEPHONE, CABLE TV AND OTHER UTILITY SERVICES. The City does not provide electric, natural gas, telephone, or cable TV facilities or, services. Such services are available within the City from private entities. The extension of such services to the Property is not the obligation or responsibility of the City, provided that the City shall cooperate with efforts by Owner to obtain utility services, such cooperation not to be at any out-of-pocket cost to the City. 2.5 TRANSPORTATION SERVICES. The City shall maintain duly dedicated and accepted public streets and roads within its municipal boundaries which serve the Property, both on and off-site, upon the same basis as such services are provided to other property within the city. 2.6 OTHER SERVICES. The City shall provide other services to the Property upon the same basis as such services are provided by City to other similarly situated property within the City, except as otherwise provided in the IGA. 3. ZONING & SUBDIVISION. 3.1 ZONING. The Parties' mutual desire and decision to annex the Property into the City is based in part upon their expectation that development thereof will occur in accordance with the provisions of this Section 3. The Zoning application to be filed by the Owner will propose, and the City will consider for approval upon annexation, Agricultural-One (A-1 or Agricultural Two (A-2) zoning for the Property via an ordinance (the "Zoning Ordinance"). The parties agree that the Owner shall thereupon have the right, within twenty-four (24) months of the Annexation Completion Date, as set forth in Section 5, to apply for rezoning to Planned Commercial Development (PCD). The parties anticipate that such PCD will have generally the same allowed uses and development standards applicable to Lots 9 and 10 of the Cabela's Outline Development Plan previously approved by the City and recorded as Reception Number 2006116321 on April 25, 2006, but subject to such modifications as are agreed-upon by the Owner and the City and consistency with the traffic assumptions relied upon by the traffic study to be submitted as part of the PCD application. In the event the City does not adopt, on or before the Annexation Completion Date (as defined in Article 5 below), an ordinance approving A-1 and/or A-2 zoning, the Owner shall have the rights set forth in Section 5. In the event the City does not adopt a PCD that is acceptable to Owner, Owner may, at its option petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner and City shall take all actions necessary to complete such disconnection. If the Owner does not apply for the PCD within twenty-four (24) months after the Annexation Completion Date, as defined in Section 5, the City shall have the right, exercisable only within ninety (90) days after expiration of such twenty-four- (24) month period, to require the Owner to petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner and City shall take all actions necessary to complete such disconnection, provided that 3 the City shall first give the Owner sixty (60) days' notice of its intent to require such disconnection and shall not require such disconnection if the Owner files for the PCD within such sixty (60) day period. 3.2 SUBDIVISION. Prior to annexation, Owner shall submit and the City shall consider an application for subdivision of the Property (the "Subdivision Application"). Owner and the City agree that the Property will be subdivided into at least three parcels (with a remainder tract), created by the alignment of Cabela Drive which will traverse the Property, the right-of-way of Colorado Highway 58 on the north, and a private railroad on the east and south. The general location and configuration of the Parcels is denoted on Exhibit B. The parties agree that the Subdivision Application, when and if granted, shall result in a simple subdivision of three parcels, as described above, for the purpose of enabling the conveyance of those parcels. The parties agree that the specific public improvements required in connection with ultimate development of the Property shall be determined during the process of zoning the Property to Planned Commercial Development and any associated Outline, and Final, Development Plan, in accordance with applicable regulations of the City. The Owner shall in any event participate in the construction and financing of such off-site improvements as set forth in the IGA. Any subdivision of the Property following annexation shall be in accordance with City subdivision and other applicable regulations in effect at the time application is made for subdivision approval. 4. REQUIRED DEDICATIONS. The Parties acknowledge that Owner has conveyed that portion of the Property reasonably necessary for the right-of-way of the proposed Cabela's Drive. The City reserves the right to require such public improvements, dedications, and exactions as necessary to satisfy the requirements of the proposed development plan submitted in connection with any rezoning of the Property to PCD or other zoning category. 5. EFFECTIVE DATE OF ANNEXATION. The annexation of the Property shall be effective upon passage of the Annexation Ordinance. The City shall promptly file the Annexation Ordinance and map upon adoption of the Annexation Ordinance (the time of such filing shall be the "Annexation Completion Date"). 6. REFERENDUM OR LEGAL CHALLENGE. The Parties understand and acknowledge that the annexation and zoning of the Property may be subject to public referendum or challenge by the filling of litigation in a state or federal court. In the event of the filing of a public referendum, the City may incur costs and expenses related to conducting a municipal election, including but not limited to costs and expenses of publication, printing and mailing, reasonable attorney fees, and the costs of retaining the services of election judges. The Parties shall jointly pay all reasonable costs and expenses incurred by the City in conducting such election, regardless of outcome. In the event that the ordinances or other approvals to be considered by the City relative to the annexation, zoning (which for purposes of this Section 6 shall include the PCD), subdivision of the Property become the subject of a citizen-petitioned referendum or litigation, the ordinances or approvals subject to such referendum or litigation and this Agreement shall be suspended pending the outcome. If the result of the referendum election is to reject such annexation, zoning or subdivision, or if the settlement or judgment in any litigation prevents the annexation, zoning or subdivision as contemplated herein, all of the provisions contained herein shall be null and void and of no effect, and such rejection shall be 4 deemed a "failure to serve" pursuant to C.R.S. Section 31-12-119, but shall not be deemed to be a default by the City under Section 13.b and remedies provided therein shall not be available. Conversely, if the result of such referendum election or litigation is to affirm such annexation, zoning and/or subdivision, the Property shall be deemed finally annexed, zoned and/or subdivided, as applicable, whereupon this Agreement shall remain effective and the Parties shall be bound by all of the terms and conditions contained herein as of the date of this Agreement. To the extent Owner or the City choose, in their sole and exclusive discretion, to defend and participate in such a referendum or defense of litigation, the Parties shall each be solely responsible for their separate costs and attorneys' fees relating to the same. 7. ADDITIONAL INCENTIVES. The City and Owner shall work with each other to determine whether any Owner development undertaken on the Property qualifies for any other tax credits or tax incentives, or any grants. 8. OWNERS' ASSOCIATIONS. The Owner reserves the right to impose covenants upon any portion of the Property and to form one or more owners' associations for all or any portions of the Property which shall assume responsibilities for collecting funds to pay common expenses, to repair and maintain common areas and to enforce restrictive covenants, including any covenants required by inclusion in the Metro District. 9. MISCELLANEOUS. 9.1. NO VESTING OF RIGHTS. Nothing in this Agreement shall be construed to vest any property rights to the development of the Property, including but not limited to vesting of rights in accordance with Article I of Chapter 26 of the Wheat Ridge Code of Laws or Article 68 of Title 24, Colorado Revised Statutes. 9.2. WAIVER. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. 9.3. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the successors, heirs, legal representatives, and assigns of the Parties, and the benefits and burdens hereof shall constitute covenants running with the Property. In the event that all or part of the Property is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth in this Agreement. 9.4. ASSIGNMENT. Owner may assign its respective rights and duties hereunder in whole or in part to others who become fee title holders of any portion of the Property, or to not less than all of the ground lessees of the Property, and Owner may assign any or all of its respective rights and interests hereunder to its parent company, to perform its respective obligations hereunder. In the case of an assignment to any fee title holders of the Property, Owner shall be released of all obligations hereunder upon the written assumption by assignee of all of Owner's rights and obligations hereunder. Except as provided in this paragraph, noassignrnent shall release the Property from any restrictions imposed upon the Property by this Agreement, unless a specific release has been given by the City in writing. The City may, but 5 shall not be obligated to release the seller or ground lessors in such transactions; however, any such release must be executed in writing by the City and recorded with the Jefferson County Clerk and Recorder in order to effective. 9.5. NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Owner, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intent of the City and Owner that any person other than the City or the Owner receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Notwithstanding the foregoing, upon the inclusion of the Property into the Metro District, the Metro District shall be deemed to be a third party beneficiary with the right to enforce the provisions of this Agreement that are applicable to it. 9.6. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be governed by the laws of the State of Colorado. This Agreement may be enforced at law or in equity. Jurisdiction and venue shall be proper and exclusive in the district court for Jefferson County, Colorado. In addition to any other available remedies, the City may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot or structure within the Property owned at the time by Owner or a developer successor of Owner in the event of a breach of this Agreement by the Owner. 9.7. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 9.8. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the Parties and no additional or different representation, promise or agreement, written or oral, shall be binding upon either Party with respect to the subject matter hereof. This Agreement may be amended only by an instrument in writing signed by the Parties. 9.9. SEVERABILITY. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 9.10. RECORDATION OF AGREEMENT. This Agreement shall be recorded by the City with the Clerk and Recorder's Office of Jefferson County, Colorado. The Owner shall pay the reasonable cost of recordation of this Agreement, the Annexation and Zoning Ordinances, the Annexation Map, and any and all other documents necessary to perfect the Annexation, upon request by the City. 6 DATED the day of 2008. ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM: CITY OF WHEAT RIDGE, a municipal corporation Jerry DiTullio, Mayor Gerald Dahl, City Attorney COORS BREWING COMPANY: Name and Title: STATE OF COLORADO ) ) ss. COUNTY OF 1 The above and foregoing instrument was acknowledged before me this , 2008, by as Brewing Company, Owner. _ day of of Coors My Commission expires: Exhibit A to Annexation Agreement Legal Description of the Property (attached) Exhibit B to Annexation Agreement Diagram showing Cabela Drive Right of Way and Three Parcels to be created within the Property (attached) 10 _X ME ;tea Elm EmEd 2 `►14 Wheatj~idge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 10, 2008 TITLE: COUNCIL BILL 20-2008, AN ORDINANCE AMENDING CHAPTER 10 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE A PROCESS FOR THE CREATION AND ADMINISTRATION OF COMMUNITY BENEFIT DISTRICTS ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ® ORDINANCES FOR 11T READING (11/10/2008) ❑ ORDINANCES FOR 2ND READING (11/24/2008) ® NO City Manag EXECUTIVE SUMMARY: In 2005, the City Council commissioned the Neighborhood Revitalization Strategy (NRS), which was subsequently adopted as an amendment to the City's Comprehensive Plan. The NRS strongly recommends revitalizing certain parts of the community through reinvestment in various commercial corridors and strengthening neighborhoods. These revitalization efforts may in some instances require physical reinvestment in improvements such as streetscape amenities. The efforts to strengthen neighborhoods may also require physical improvements as well as neighborhood organizations to provide coordinated services. In an effort to facilitate these revitalization efforts, Wheat Ridge 2020 (WR2020) in cooperation with City Staff has drafted an ordinance that would allow for the creation of Community Benefit Districts (CBDs). A Community Benefit District is a tool allowing for property owners to initiate a process to fund special benefits, improvements and activities in specified geographic areas. COMMISSION/BOARD RECOMMENDATION: None required. STATEMENT OF THE ISSUES: The NRS recommends that the City proactively facilitate redevelopment of our major commercial transportation corridors and strengthen some of the City's residential neighborhoods. The NRS also recommended the creation of a non-profit community redevelopment agency to help facilitate revitalization efforts and coordinate with neighborhoods. WR2020 was created as that redevelopment agency approximately 3 years ago. WR2020 contracted with New City America, a consulting firm that specializes in the creation and management of local improvement districts, to determine what the appropriate district tool would be for the City of Wheat Ridge to be able to foster various redevelopment efforts. Over the course of several months of meetings with WR2020 staff, City Staff and community members, a Community Benefit District (CBD) has been proposed as a new local district mechanism for the City of Wheat Ridge. CBD is a tool that could be used in commercial districts, residential neighborhoods or in mixed use districts. Following is a summary of some of the highlights of the proposed ordinance. - CBDs are property owner initiated by a minimum of 35% of the "weighted majority" of the property owners within the district signing a petition meeting specific requirements. - "Weighted majority" is based on responsibility for paying the proposed assessment. - CBDs could provide services such as trash collection or enhanced maintenance as well as promotional activities such as advertising or management of special events. CBDs could also provide funding for enhancement of physical improvements both in the public right of way or within private property that provides a common benefit to the district. - Services, activities and improvements proposed by a CBD would be required to be consistent with the City's Comprehensive Plan and other City Council approved policy documents. - City Council would be required to approve the formation of any future CBD by Ordinance. - Prior to City Council's consideration of an ordinance forming a new CBD, all property owners within the proposed boundaries of the CBD would be mailed ballots to "vote" regarding their support of the formation of the CBD. - If the mail ballots demonstrate that more than 50% of the weighted property ownership do not support formation of the CBD, then City Council could not approve the formation. - The amount of and methodology for determining the assessments would be as established within the petition. - Districts could also be disestablished through the same general mechanism used for their establishment, provided the district has no outstanding financial or maintenance obligations or liabilities. ALTERNATIVES CONSIDERED: Colorado State Statutes allow for the creation of various special districts, including but not limited to: special improvement districts, general improvement districts, metro districts and business improvement districts. These existing tools were reviewed but none were determined to be the perfect fit to address the goals of providing improvements, services, marketing, etc. in both residential and commercial districts. The City and County of Denver, which has its own locally created improvement district tools was also consulted to assist in determining some of the specifics of the proposed Wheat Ridge CBD. FINANCIAL IMPACT: Some City staff time would need to be expended in reviewing and analyzing petitions to form districts and their annual work plans. Staff review would be most critical if a district was to be proposing improvements within the public right of way or on other public property. Ongoing management of CBDs is anticipated to be handled by an outside management company (required to be a 501(c)3, not the City. "I move to approve Council Bill 20-2008, an ordinance amending Chapter 10 of the Code of Laws to provide a.process for the creation and maintenance of community benefit districts on first reading, order it published, pubic hearing set for Monday, November 24, 2008 at 7:00 p.m. in City Council Chambers, at that it take effect 15 days after final publication." or, "I move to table indefinetly Council Bill 20-2008 for the following reason(s): ATTACHMENTS: 1. Proposal from New City America on Community Benefit Districts 2. Draft Ordinance PROPOSAL TO WHEAT RIDGE CITY COUNCIL THE ADOPTION AND IMPLEMENTATION OF A NEW WHEAT RIDGE COMMUNITY BENEFIT DISTRICT ORDINANCE CREATED TO BRING ABOUT MORE VIBRANT BUSINESS DISTRICTS AND BEAUTIFUL NEIGHBORHOODS IN THE CITY OF WHEAT RIDGE COLORADO DOCUMENT PACKAGE FOR C.B.D. PROGRAM IMPLEMENTATION IN THE CITY OF WHEAT RIDGE PRESENTED BY WHEAT RIDGE 2020 AND NEW CITY AMERICA, INC. August 26, 2008 ATTACHMENT I PART I - OVERVIEW PART II - QUESTIONS AND ANSWERS ON THE CBD DISTRICT PAGE 3 PAGE 4 Part III/ Features of the new Wheat Ridge Community Benefit District Ordinance Page 9 Part IV/ The Path to get started, First Steps in the Investigation of the Wheat Ridge C.B.D. Page 17 Part V/Small Business Commission Determination of Eligibility For CBD Investigative and Formation Grants Page 19 Part VI/Stakeholder Formation Process Page 20 Part VII/Management of the District Page 21 Part VIII/Sample Documents Page 22 2 PART 1 - OVERVIEW Wheat Ridge 2020 has been charged to advise the City of Wheat Ridge on developing strategies that can be embraced by the citizens to expedite the revitalization of Wheat Ridge. As Wheat Ridge enters the 21St century, it must take specific and concrete steps to ensure continual economic development, promote home ownership, facilitate the halting of sales leakage and most importantly, make Wheat Ridge a more "livable" and desirable place to live, work and visit. A part of this process, Wheat Ridge 2020 has looked at various financing mechanisms that would fund "special benefit services", or those services that create a better physical, commercial or aesthetic environment for business districts and neighborhoods alike. Since Wheat Ridge has no "mixed-used" districts, per se, these financing mechanisms must also anticipate the creation of these new types of land uses. Therefore, the old financing tools that had been used and created in the 20th century, may not be applicable here. We must look at where this city is going in the next 15 years and build the governmental systems and legislative tools to promote new development. With this in mind, Wheat Ridge 2020's Executive Director Rob Osborn and their consultant, New City America, Inc., are presenting this "kit" or overview of how Wheat Ridge can adopt new legislative tools to facilitate revitalization as well as propose how these tools might be strategically used. We will concentrate this discussion on the creation of a new Wheat Ridge Community Benefit District ordinance, which will blend many forms of legislation currently on the books, but will put the responsibility for formation in the hands of the benefiting business and property owners. The City Council will still have a role in approving these districts through a public hearing process, however the City Council will in essence "sanction" the decision of the affected property owners and vote to levy the assessments on the benefiting parcels in order to fund the special benefit services desired. 3 PART II - GENERAL QUESTIONS AND ANSWERS REGARDING THE NEW WHEAT RIDGE COMMUNITY BENEFIT DISTRICT (CBD) ORDINANCE AND FORMATION PROCEDURE The following represents general questions and answers that potential applicant groups may have regarding the formation of a new CBD district in the City of Wheat Ridge..... What is a Wheat Ridge CBD? In brief, the proposed CBD district is a locally established special benefits district. The district functions to create a stable revenue source that is established by a vote of the affected property owners and the adoption of an ordinance by the Wheat Ridge City Council.. In order to establish the district, the Wheat Ridge City Council must hold a public hearing to gauge the level of support of the weighted property owners in the district. Similar districts are sometimes called Property Business Improvement Districts, Business Improvement Districts, Maintenance Districts or Special Assessment Districts. In Wheat Ridge, the new enabling ordinance known as the Community Benefit District, (CBD), ordinance of 2008 has been adopted to provide local enabling legislation for motivated business district property owners or neighborhood stakeholders. Why would anyone want to pay more money, isn't the City supposed to be providing these services? Cities in the U.S. tax their citizens through a number of means, (property taxes, sales taxes, hotel taxes, enterprise taxes, special revenues), and allocate them to deliver general benefit services. These services are evolving historically but normally include police, fire, transportation, sewer, water, planning and zoning, streets, lighting, social and cultural affairs, environmental issues, trash and refuse, housing, etc. These services do not and cannot respond to the special needs of a given neighborhood or business district. To respond to those special needs, including sidewalk sweeping, sidewalk snow removal, steam cleaning, rapid removal of bulky items and graffiti, responding to illegal encampments, additional security, maintenance of public order, states and localities have adopted special enabling legislation which allows motivated property owners to pay assessments to fund special benefit services. These special benefit assessments are probably the most efficient and effective funds to be paid since they must stay in the district, by 4 law, and are managed by a locally based non-profit corporation made up of those being assessed. These assessments can provide the special benefit services desired in each and every business district and neighborhood, but those funds will not be funded or controlled by the City. What "special benefits" can the assessment district fund? The special services to be funded are spelled out in the local enabling ordinance or legislation. They can only legally include those services over and above what a City will normally provide through the general fund. Such special benefit services may include: • Enhanced cleaning of the public rights of way, sidewalks and gutter; ■ Sidewalk snow removal; ■ Steam cleaning of the sidewalks of the district; • Capital improvements in the business district or neighborhood; • Removal of trash and bulky material; • Security services over and above the services of the local police force; ■ Parking services or transportation related services; • Economic development; ■ Special lighting; ■ Business attraction and retention and structuring a proper commercial mix; ■ Graffiti removal; • Advocacy; • Instituting policies that deal constructively with vagrancy, illegal encampments and panhandling; • Administration and advocacy on behalf of business districts or neighborhoods ■ Beautification and decorations; ■ Tree maintenance, planting, watering, etc; ■ Marketing and promotion (in business districts only); ■ Special community or neighborhood fairs, festivals or events; • Public space development and maintenance; Can the City replace its General benefit services in that district once the special benefits district is formed? In nearly all cases, property assessment districts only fund special, not general benefits. General benefits are those allocated to all parcels in the City and funded out of public or general fund revenues. These general benefits will not be replaced or discontinued by the City. However, Experience has shown that once the assessment district has been formed, the private property owners in the district leverage the existing general benefits provided by the City and promote the special benefits as an enhancement to these general benefits. This is due to the fact that the property owners are now organized and can implement things such as trees and new trash cans and the CBD assessment revenues can maintain additional trash cans, with the understanding that these improvements would be accessories to or in addition to the general benefits or capital improvements which are funded by the City. What allows the district to be formed and how is it done? The district is normally initiated by a group of motivated property owners within a given neighborhood or business district. Experience tells us that a core of property owners representing at least 15 - 25% of the potential assessment weight of the district, is necessary to initiate the investigation. This group will then approach Wheat Ridge 2020 to get information related to formation and the function of the special benefit services district. If the group determines that there is support for the establishment of a district it must file a petition with the City to seek establishment. The petition must be filed with the City Clerk's office and signed by owners of at least 35% of the assessed weighted properties within the proposed district. The petitions shall be weighted based upon the dollar amount to be paid by the property owner who submits the petition, within the proposed District. The petition shall include at a minimum, a summary of the following items: 1. Proposed scope of services of the district, and identification of how the services meet a broader goal of the City's Strategic Plan, Comprehensive Plan, Neighborhood Revitalization Strategy, Park and Recreation Plan, Sub Area Study, or any other plan or policy adopted by the City which promotes Community and Economic Development prosperity. 2. Proposed assessment area map, specifying the boundaries of the proposed CBD. 3. Proposed term of the district in years, if any; 4. Special benefits to be funded within the district. 5. Assessment methodology. 6. Policy for any assessment exemptions in the proposed district. 7. Outline of proposed capital projects that the assessments shall fund. 8. Proposed management structure of the district by an existing or the establishment of a new 501(c) 3 organization. 6 9. Proposed Management plan identifying how the district shall administer projects and programs outlined in the petition. 10. Any other criteria that City Manager deems relevant and appropriate with respect to the purpose of the proposed district and City's Strategic Plans. The petition would trigger a mail balloting procedure that would demonstrate support among the affected property owners. The mail ballots, , are due at the public hearing and would advise the City Council on the level of support for creation of the district. The ballots shall be weighted based upon the dollar amount to be paid by the property owner who submits the ballot, within the proposed District. Once the mail ballots have been tabulated and they demonstrate that the weighted majority of return ballots support establishment of the District, the Council may vote to consider to adopt an ordinance for the creation of a district and to levy the assessments on the benefiting parcels through the public hearing ordinance adoption process. This process will ensure a fully disclosed, participatory approval process. How long does this process take? The process can take as little as 8 months and as long as 2 - 3 years. What is most important is that the affected community understands the proposal and the boundaries are set around a weighted majority who desire the services to be funded by the district. Can the district be formed any time during the year? Yes, however it is best to coordinate the formation process so the public hearing is completed to coincide with the annual property tax cycle. This is suggested so there is not such a long delay in approving the district and receiving the revenues from the first property tax bills. How are the CBD assessments collected? As provided by local ordinance, the CBD assessments will appear as a separate line item on the annual property tax bills prepared by the County tax collector. Property tax bills are distributed twice per year. The County of shall distribute the assessments collected from the CBD district, to the City of Wheat Ridge - who will in turn then forward them to the designated Management Corporation, pursuant to the authorization of the plan. Existing laws for enforcement and appeal of property taxes apply to the CBD District assessments. 7 Is there a minimum amount that should be generated by the district? Though there is no legal requirement for assessment revenue generation, practice tells us that a minimum of $ 150,000 in a business district and $50,000 in a neighborhood should be generated in order to make a difference. The idea of the district is to have the special services put a dent in the problem that the district or neighborhood may face. A rule of thumb is that the CBD should generate enough revenues to make a positive impact in the community, however should not be an unreasonable burden to the majority of benefiting property owners in the district. Once established, must every parcel in the district pay? Unless specifically mentioned in the plan, every single parcel owner must pay into the district. In addition, parcels owned by tax-exempt designated organizations may be exempt from paying property taxes but may not necessarily be exempted from the assessment district. Usually, the only way to be exempted is to demonstrate that no benefit will be received from the special benefit services funded by the district. How Iona can the district last once established? In Wheat Ridge, the CBD ordinance will have no set term. This is to allow property owners to determine if they wish to fund long term capital improvement projects that will provide special benefit to their district. The district can be formed for any amount of time,. How could a district be disestablished if it is not functioning as envisioned? Local ordinance shall provide for the process for disestablishment of the CBD pursuant to an annual review process. Each year that the district is in existence, there will be a 30-day period during which the property owners will have the opportunity to request disestablishment of the district. Within that 30 day period, if the owners of real property who pay 35% or more of the assessments levied submit a written petition, the CBD district disestablishment procedure may be initiated. The Wheat Ridge City Council will hold a public hearing on disestablishing the CBD prior to actually doing so. At the public hearing, City Council shall consider the district's request for disestablishment and determine if the district has any long term liabilities, or responsibilities created pursuant to the original purpose of the district, that may prohibit disestablishment. If Council finds that such liabilities or responsibilities exist, it may vote to not allow disestablishment, or take action to commit to work with the district to devise a disestablishment plan that outlines the time period for continued assessments based on the existing and identified future 8 liabilities and responsibilities of the district. The plan shall clearly identify obligations of the district to extinguish its liabilities, and verify that the City will not be required to provide continued services of special benefits to the district. Thus the disestablishment procedure is no more difficult than the provisions of the establishment procedure. Due to its long term nature, this new ordinance allows for the growth of landscaping, its maintenance as well as creation of new public spaces and economic development strategies related to revitalization that create a more permanent improvement to the area. If there is debt against the district, the district cannot be disestablished. All financial obligations in the form of bonds or loans for capital improvements, must be paid off before the district can be disestablished. Who controls the funds once the district is established? A non-profit corporation is usually established once the district has been created. The non-profit corporation is normally comprised of board members representing the property owners paying into the district. Alternatively, a district can create an Advisory Board that focuses on the goals of the district, but places management and day to day oversight with a separate organization. The Advisory Board could form a management agreement with an existing corporation such as Wheat Ridge 2020. The management agreement shall identify the annual service fee and terms of the district's management. The independent non-profit CBD management corporation, or Wheat Ridge 2020 would then enter into a contract with the City, through the City Manager's office, to administer the district on behalf of the stakeholders. This annual contract will outline the programs and projects the CBD desires to implement and provide project analysis data to identify how the use of the assessed funds are meeting the district's purposes. Can the City withhold the assessments from the District? By law, the assessments generated within the district must be allocated to fund special services within the district. However, the district can not use the generated assessments for purposes outside the scope of the district's defined mission as presented in its original establishment petition. On an annual basis the District must present a work plan to the City as outlined above, to verify the plan meets the district's purpose. It the plan is contrary to the district's purpose the City may withhold a portion the generate assessments that do not meet the district's goals. The withheld assessment must be placed in an interest bearing escrow account and made available to the district upon presentation and approval of an amended annual plan 9 approved by the City. Additionally, the City cannot withdraw its current baseline level of services with the assessments since the district can only fund "special benefits". Once established, can the City increase the assessments? By ordinance, the only changes in the annual assessment methodology must be pre-determined and placed in the CBD plan for the district. The City cannot arbitrarily increase the assessments because they are not funds created by or controlled by the City. Normally, only land use changes or a pre-determined CPI amount as included in the plan will allow for higher assessments in the district. Will the establishment of Community Benefit Districts create additional staffing burdens and resource allocations to the Cites Currently, the City is working with neighborhood leaders and citizens on an individual basis. The City is currently handling citizen's needs or inquiries in a reactionary process. This process does not help implement the city's long term plans and goals in a strategic method, and often requires the involvement of many levels of City administration and Council. Often, putting out fires takes greater priority over implementation of long term plans. City officials are expending considerable time implementing enforcement activities in the community related to code infractions on private property, infrastructure development and maintenance in public rights of way, and crime prevention in many areas of the community. The need for services and costs to provide them will increase as time continues. The need to provide these services will not get resolved unless the city has partnerships with stakeholders in our neighborhoods. The CBD model provides that partnership. It engages citizens to promote self help activities for the betterment of the community, consistent with the city's goals for Community Development as outlined in the Neighborhood Revitalization Strategy. The CBD format provides a revenue source that can be used to provide the special benefits desired by engaged citizens within a district. The City Staff will have the ability to work with vested stakeholders in the community who can assist in maintaining public rights of way, working with the district members to alleviate code infractions, and maintain communication to promote safer and better organized neighborhoods. The work of the City Staff will not decrease, but it will change. It will transition form enforcement and reaction to strategy and implementation. The CBD process will enable the city to work with the stakeholders to implement the 10 plans it has adopted and also invite citizens who desire special services to organize and assist in the provision of such services. Written by: Marco Li Mandri New City America, Inc. Rob Osborn, Esq. Wheat Ridge 2020 Part III/ Features of the new Wheat Ridge Community Benefit District Ordinance The following represents an overview and summation of the key elements that should be included in the new Wheat Ridge Community Benefit District ordinance. The features include steps for formation and are consistent with the Colorado State Constitution. We have included some existing Denver ordinances as a model as to what a "home rule" city can do. 11 Business Local Local New Wheat Improvement Improvement Maintenance Ridge District District District Community Benefit District Legislative CRS 31-25-1201 Denver Charter Denver Charter City Council Authority to 1228 7.6.1 - 7.6.20 7.7.1 - 7.7.19 adoption Purpose To expedite Constructing or Care, operation, To expedite commercial installing any security, repair, neighborhood, revitalization public maintenance mixed-use, or programs improvement and commercial through funding replacement of revitalization special benefits pedestrian and programs including transit malls through funding improvements special benefits and activities: including Marketing and improvements promotions, and activities: special events, Marketing and security, snow promotions, removal, fund special events, public security, snow improvements removal, fund and their development of maintenance, public space, etc. public improvements and their maintenance, paying for administration and non-profit management expenses, etc. Powers -To have Constructing or Care, operation, To have perpetual installing any security, repair, perpetual existence; public maintenance existence; -have and use a improvement and -have and use a corporate seal; replacement of corporate seal; -sue and be pedestrian and -sue and be sued; transit malls sued; -enter into -enter into contracts, contracts, -borrow money -borrow money and issue and issue negotiable negotiable bonds; bonds; -provide special -provide special benefit services benefit services listed above; listed above; -acquire, -acquire, construct, construct, finance and finance and 12 install install improvements; improvements; -dispose or real -dispose or real and personal and personal property; property; -have -have management management control and control and supervision of supervision of affairs of the affairs of the district; district; -to fix and -to fix and increase or increase or decrease rates; decrease rates; power to levy ad power to levy ad valorem taxes; valorem taxes; -special -special assessment assessment power power 13 Business Improvement District Local Improvement District Local Maintenance District New Wheat Ridge Community Benefit District Creation and 1. Initiated by a 1. Initiated by a 1. Initiated by a Initiated by a establishment petition filed petition filed with petition filed with petition filed with with the clerk of the manager of the manager of the City Clerk's the governing Public Works, Public Works, office signed by body signed by signed by not less signed by not less owners of at owners of at than 35% than 35% least 35% of the least 50% of the property owners property owners assessments to assessed of the of the be paid into the valuation and at municipality who municipality who district. least 50% of the own real own real districts land property in the property in the The petition shall area; district district include a 2. Petition shall 2. Hearing by 2. Hearing by summary of the set the name, the Manager of the Manager of management description of, Public Works Public Works plan which boundaries and 3. Ordinance 3. Ordinance specifies the service area, establishing establishing boundaries of description of district district the proposed types of services CBD; term (if and/or any); special improvements benefits to be funded; benefit zones if any; assessment methodology; any exemptions; capital projects, management of the district. The petition would trigger a mail balloting procedure that would demonstrate support among the affected property owners. The mail ballots, which are advisory, are due at the public hearing and would advise the City Council on the level of weighted support for 14 creation of the district. Once the weighted mail ballots have been tabulated and they demonstrate support for the establishment of the CBD, the Council may vote to consider an ordinance creating a district and to levy the assessments on the benefiting parcels. This process will ensure a fully disclosed, participatory approval process. 15 Business Local Local New Wheat Improvement Improvement Maintenance Ridge District District District Community Benefit District Governing Body -City Council, None Board of Proposed that -Board of Directors (5) either Wheat Directors by appointed by Ridge 2020 or a Council, Five the Mayor new non-profit members from organization of the electors of the property the district; owners paying -Council may into the district provide by enter into a ordinance that contract with the the governing City Manager to body of a URA, administer the DDA or GID serve district on a day as the acting to day basis board Duration Perpetual Perpetual Perpetual Perpetual Bond Authority Interest bearing Interest bearing None Not determined bonds derived bonds derived yet from general ad from general ad valorem taxes of valorem taxes of the district, first the district, first approved at an approved at an election election Taxing Power Levy and collect None None None, on ad valorem taxes property tax bills Fees Fix rates, tolls, Assess costs of Assess costs of Not determined charges for any improvements improvements as of yet services or against property against property improvements specially specially furnished by the benefited. Use benefited. district of revolving fund. assessments 16 COMPARISON OF ASSESSMENT DISTRICTS THROUGHOUT THE STATE AND COUNTRY Area District Year Petition Sunset Legislative Adopted Services Allowable Required? Provision Name Arizona Property 1990 Landscaping, Security, No None Business Imp. Economic District Development, Advocacy, Marketing and Promotions, Parking, Cleanu , etc. New Jersey District 1984 Landscaping, Security, No None Management Economic Act Development, Advocacy, Marketing and Promotions, Parking, Cleanu , etc. New York Business 1980 Landscaping, Security, Not None City Improvement Economic specified, District Act Development, petition Advocacy, Marketing based and Promotions, upon Parking, Cleanup, etc. assessed valuation, consensus reqd. California Landscaping 1972 Landscaping, No None (Streets and and Lighting Lighting, Highway Act Minor Capital Code Im rovements California Property 1994 Landscaping, Security, 50% of 5 years (Streets and Business Economic weighted Highway Improvement Development, property Code) District Act Advocacy, Marketing owners and Promotions, Parking, Cleanu , etc. San Diego, Maintenance 1998, Landscaping, Security, No None CA Assessment Amended Economic District in 2003 Development, Advocacy, Marketing and Promotions, Parking, Cleanup, etc. 17 Area District Year Petition Sunset Legislative Adopted Services Allowable Required? Provision Name Los Alpha PBID April 2000 Landscaping, Security, 30% 10 years Angeles, Economic weighted CA Development, property Advocacy, Marketing owners and Promotions, Parking, Cleanup, etc. Oakland, Business Imp. November Landscaping, Security, 30% 10 years CA Maintenance 1999 Economic weighted District Development, property Advocacy, Marketing owners and Promotions, Parking, Cleanu , etc. San San Francisco February Landscaping, 30% 15 years Francisco CBD 2003 Landscaping, weighted Ordinance Economic property Development, owners Security, Advocacy, Marketing and Promotions, Parking, Cleanup, etc. Wheat Community Pending Landscaping, Security, 35% of None Ridge Benefit District Economic weighted (Proposed) Ordinance Development, property Advocacy, Marketing owners and Promotions, Parking, Cleanup, etc. (also possibility of funding minor capital im rovements 18 PART IV -THE PATH TO GET STARTED FIRST STEPS IN THE INVESTIGATION OF THE WHEAT RIDGE C.B.D. The following represents the steps a stakeholder group or interested party of property owners must take to implement the creation of the special benefit services under the CBD ordinance: A. Community or stakeholder group steps in investigating a CBD district: 1. Identify a key group of property owners, large and small, including business tenants in the targeted district. If it is a residential oriented district, identify larger and smaller property owners to give the lead group the proper mix; 2. Designate an existing local organization or create a new group to serve in the capacity of the CBD Steering Committee. The Committee would be open to all interested parties; 3. Request a Wheat Ridge CBD Kit from Wheat Ridge 2020 or the City, review the kit and discuss the feasibility of formation of a special benefits assessment district among Steering Committee members; 4. Review the sample budget of district and plan, (attachment B); 5. Send a letter of support to the Wheat Ridge 2020 staff expressing interest in investigating establishment of a CBD. List Steering Committee members by name, property owned and have them sign the letter to the Wheat Ridge 2020 Board. Send copy of letter to the City Manager. (List should have at least 8 -10 significant property owners name attached). See attachment A at end of packet for sample letter. b. Wheat Ridge 2020 staff will then determine the designation of the applicant group as eligible to receive an investigative grant from Wheat Ridge 2020 based upon pre-determined criteria. A letter is sent from Wheat Ridge 2020 staff to applicant group explaining the decision and availability of funds. B. Investigation of CBD District by Steering Committee: 1. Use in-house Wheat Ridge 2020 CBD consultant or staff to work with the client group to conduct investigation with elements of plan, (boundaries, budget, priorities), set by Steering Committee; 2. Requirements of investigation shall include: a. Develop property database including property variables and property owner information in full database. Identify largest, weighted, property owners and contact them, if at all possible; 19 b. Conduct one written survey mailed or hand delivered to each affected property owner in the proposed district. Focus groups among significant portions of the community may also suffice for this outreach process; C. Tally the results of survey responses or focus groups and plot them on a parcel map; d. Set boundaries based upon level of conceptual support for establishment of CBD district based upon Steering Committee decisions; e. Expand Steering Committee based upon survey results and expressed desire to be involved in the CBD formation process; 3. Deliverables to the Wheat Ridge 2020 to conclude investigative phase of CBD district: • Present parcel map with preliminary boundaries ■ Present database of all property owners in the proposed district including all property variables that have been collected; • Present tally of survey results demonstrating support and opposition of the CBD district investigation; • Present preliminary budget; ■ Present preliminary assessment methodology to fund special benefit services; 20 PART V - WHEAT RIDGE 2020 DETERMINATION OF ELIGIBILITY FOR C.B.D. FORMATION GRANTS: The following represents the steps the Wheat Ridge 2020 will take in determining the eligibility for formation grants and allocation of staff time to implement the CBD district in the applicant community. The applicant group: • is acknowledged through a City Council member's office as legitimate with a community base; or ■ is acknowledged through the City Manager's office as a legitimate group with a community base; or ■ is new, however has an established base of property owners in the district; or • is part of the Wheat Ridge Business District or another acknowledge city group; or ■ is acknowledged as a member of the visitor related industry; or • has been designated by the Wheat Ridge 2020 staff as an acceptable applicant for the CBD district formation grant program; 21 PART VI. STAKEHOLDER RESPONSIBILITIES IN C.B.D. DISTRICT FORMATION PROCESS: Once the Phase I Investigation has been completed based upon the conditions listed above, the Steering Committee may request further assistance from Wheat Ridge 2020 staff to complete the CBD formation process. This formation effort will include everything including the development of the management plan, petition and mail balloting/public hearing phase. The tasks entailed in this phase of the formation process shall include: • Expansion of the CBD Steering Committee; • Finalize boundaries based upon input from the CBD Steering Committee; • Submit database to appropriate City office to verify property variables; • Finalize benefit zones if any; • Finalize services plan; ■ Finalize assessment methodology; ■ Determine if any parcels would be exempt or have their assessments reduced due to tax-exempt status; • Demonstrate good faith outreach efforts to affected stakeholders; • Complete CBD management district plan, include term of district (if any)within plan. Also determine whether any CPI factors will be included to allow for growth of the district; • Adopt final plan; • Submit plan for verification, review and approval by the City Attorney's office. • Initiate 35% weighted petition drive based upon Steering Committee and City Attorney endorsement of the plan; ■ Complete petition drive once minimum of 35% weighted threshold has been reached, submit petitions to the City Manager. Strive to get up to more petitions of support prior to the mail balloting process; • Work through City Manager and staff to bring CBD to a public hearing for district to Wheat Ridge City Council; ■ Work with City Clerk's office to conduct the mail ballot proceeding and encourage voting turnout by affected property owners. • Coordinate public testimony at public hearing; Once votes are tallied and weighted returned ballots demonstrate support for district formation, the City Council will then adopt an ordinance levying assessments on the benefiting parcels as per the adopted management plan. The CBD Steering Committee will then work with Wheat Ridge 2020 and the City Attorneys office on designation of Wheat Ridge 2020 as non-profit management group. If not Wheat Ridge 2020, the stakeholder group must demonstrate approved bylaws as tax exempt corporation by State of Colorado, proof of insurance and selection of interim Board of Directors. 22 PART VII. MANAGEMENT OF DISTRICT Based upon its existing contract with the City, the first preference of a management corporation should be through Wheat Ridge 2020. If this is not acceptable to the stakeholders, than the following should determine the requirements for administration of the CBD district. It is suggested that the management corporation either is, or be established to fit the following conditions: a. Is formed as a 501©(3) public benefit, charitable non- profit corporation in order to maximize its ability to receive private and public grants; b. Has large, small and varied land us property owners on the Board of Directors; C. Adheres to provisions for open Board meetings; d. Identifies legitimate service providers through open bidding process. e. Provides an annual audit conducted by third party CPA firm and submits to City and members; f. Submits quarterly reports to the City Manager; g. Establishes functional e-mail and web site to facilitate communication to members and public; h. Encouraged to meet regularly with other CBD or similar organizations; 23 PART VIII -SAMPLE DOCUMENTS ATTACHMENT A SAMPLE LETTER FROM WHEAT RIDGE 2020 ON THE REASONS TO CONSIDER FORMING A NEW A WHEAT RIDGE COMMUNITY BENEFIT DISTRICT Date To: Property and Business Owners Interested in Establishing New C.B.D. District in Their Community Fr: Wheat Ridge 2020 Staff Dear Property or Business Owner: For many years, residents, businesses property owners and visitors to Wheat Ridge have become increasingly concerned about the image of our City. For that reason, the City Council adopted a new visionary plan called Wheat Ridge 2020, to bring citizens into the process of determining the future direction of our City. This problem of the "image" of Wheat Ridge, both among its residents, business owners and to its visitors, is increasingly seen in the problematic conditions of Wheat Ridge's public rights of way. With governmental revenues becoming increasingly strained, it is safe to assume that City general fund services to clean and beautify the public rights of way will be reduced, not increased. This will be the situation for the foreseeable future. This problem is resolvable and has been dealt with for years in other cities in the United States. Special benefit districts, commonly known as special services districts, business improvement districts, maintenance assessment districts, community benefit districts, etc., are being supported by neighborhood and business communities throughout the United States due to their positive impact on the quality of life issues close to home. Issues including overflowing trash cans, (or even the frequent placement of trash receptacles), sidewalk snow removal, tree planting and maintenance, sidewalk sweeping, removal of graffiti and bulky items, funding of special events and community fairs, maintenance of order in the public rights of way - are all special benefits that are funded by community established assessment districts. 24 Though assessment districts add costs to your business and residential parcels, they are considered to be a solid investment in your neighborhood or business community due to the following: The assessment district model is a proven model of generating revenues to fund special benefits over and above those funded by the general fund of a City; 2. The special benefits to be funded, their costs and their frequency are determined by the benefiting property owners themselves; 3. Property owners, in the City of Wheat Ridge, must petition and vote to establish the district through a public hearing process; 4. Most people's greatest investments are in their homes or businesses and they readily invest to improve their respective properties. The public domain, however, is normally outside of the control of any one property owner; however its condition could have a very negative impact on a neighborhood or business district. The assessment district model maintains the same high standards in the public rights of way that most people maintain behind their property lines. They serve as a great mechanism to maintain cleanliness and order in the public rights of way. 5. One hundred per cent of the special benefit assessments generated, by law, must fund services within the boundaries of the district; 6. Stakeholders, the assessees themselves, determine how and who will provide the special benefit services; 7. The district can be disestablished based upon a vote of the affected property owners. It is no more difficult to take apart an assessment district, than it is to establish one. In the following pages, you will find out more on how these new Community Benefit District (CBD), will change the character of the City. As we enter the 215} century, neighborhood based special benefit assessment districts are becoming a key tool to upgrade the quality of urban life. We must raise the bar and standard for city life, we must create a culture of higher expectations. We ask that you join with your neighbors or local business and property owners to see if these innovative community controlled CBD districts are appropriate for your neighborhood or business districts. 25 Sincerely, Rob Osborn Executive Director Wheat Ridge 2020 26 ATTACHMENT B SAMPLE LETTER TO WHEAT RIDGE 2020 ON THE DESIRE TO ACCESS RESOURCES TO INVESTIGATE A NEW WHEAT RIDGE COMMUNITY BENEFIT DISTRICT Mr. Rob Osborn Executive Director Address SUBJECT: Request for Determination of Eligibility in Applying for Wheat Ridge 2020 CBD Investigation and Formation Grant Dear Rob: At its (date) meeting, the (community group or business organization) voted unanimously to request aid from Wheat Ridge 2020 in determining whether a Wheat Ridge Community Benefit District would be appropriate for, and supported in our neighborhood. We have reviewed the Wheat Ridge CBD packet materials provided and understand that the CBD, if adopted, would result in an assessment levied on area parcels in order to fund special benefits in the community. The desired special benefits relevant to our community include (list beautification, sidewalk sweeping, marketing and promotions, advocacy, planning, parking, etc). We are requesting that resources and staff time be allocated to support our request investigation and possible creation of the CBD. We commit ourselves to work hard and do the extensive outreach necessary to build community consensus for this CBD. Please find our commitment as demonstrated by the signatures of the members of our organization listed below. 27 ATTACHMENT C SAMPLE PRELIMINARY WHEAT RIDGE C.B.D. BUDGET AND PLAN DOCUMENT Proposed CBD District Area: CBD Steering Committee Chair: Proposed CBD District Boundaries: Annual Assessment Revenues: CPI Factor Benefit Zones Special Benefit Services Desired: Planning activities: 38th Street Corridor List name and organization, Address Phone and E-Mail Preliminary boundaries include: A Street on the South B Street on the North C Street on the East D Street on the West Total of 18 square blocks $ 180,000.00 in assessments per year An annual CPI adjustment is allowable as per the plan, not to exceed 5% per year There is only one benefit zone in this plan Sidewalk cleaning and sidewalk snow removal Trash receptacle placement and emptying Steam cleaning of sidewalks Tree planting and maintenance Decorations Special events (2 per year) Removal of graffiti and bulky items Marketing and promotions Advocacy Facilitating mixed use development Term of District: Perpetual 28 Assessment Methodology Annual Costs per variable: Highest Annual Assessment: Lowest Annual Assessment: Management Entity Commencement Date: Assessment levied on all parcels, public and private, tax-exempt not excluded: 33% of assessment ($60,000) generated from linear frontage 33% of assessment ($60,000) generated from lot size 33% of assessment ($60,000) generated from land use or building square footage $ 5.00 per linear foot per year $ 00.015 (1 '/2 cent per square foot of lot per year) $ 00.0356 per building square foot per year $22,000, abcd 38th Street $ 180.00 per year for loft/condo owners at Defg 38th Street Wheat Ridge 2020 Fiscal year 2009-10 Other Conditions: Area is mixed use and low rise. Only retail and commercial building uses will pay into marketing and promotions budget 29 ATTACHMENT D SAMPLE MAP OF C.B.D. DISTRICT INSERT HERE 30 ATTACHMENT E CITY OF WHEAT RIDGE PETITION TO FORM THE (NAME OF DISTRICT) COMMNITY BENEFIT DISTRICT (Pursuant to the Community Benefit District Ordinance# of the City of Wheat Ridge, Adopted September 2008) Legal Owner: Pre-printed Owner: Pre-printed Parcel Number: Pre-printed Site Address: Pre-printed Proposed Annual Assessment: Weight Ill: information would be pre-printed on the ballot Yes, I approve of the proposed assessment of on the parcel(s) identified on this petition. No, I do not approve of the approved assessment on the parcel(s) Identified on this petition Please Print Name and Title Signature of Record Owner or Authorized Representative (in the case of property owned by non-individuals) Please Return Petitions as soon as possible to: (Steering Committee or Wheat Ridge 2020 address) 31 ATTACHMENT F CITY OF WHEAT RIDGE MAIL BALLOT TO ESTABLISH THE (NAME OF DISTRICT) COMMUNITY BENEFIT DISTRICT BALLOT TO FORM THE (Name of CBD inserted here) (Pursuant to the Community Benefit District Ordinance # of the City of Wheat Ridge, adopted September 2008) Legal Owner: Ballot Question: APN (legal owners name is pre-printed on ballot) Approval of the C.B.D. Situs Annual Assessment - % Information is pre-printed on ballot YES, I approve of the proposed assessment of Annual Assessment Total on the parcel(s) identified above. NO, I do not approve of the proposed assessment on the parcel(s) listed above. Signature of Record Owner or Authorized Representative Print Name and Title (in the case of property owned by non-individuals) Please Return Ballot inside Privacy Envelope inside of Self-Addressed Envelope Provided and mail to: City of Wheat Ridge Office of the City Clerk 7500 W 29th Ave. Wheat Ridge, CO 80033 32 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 20 Ordinance No. Series of 2008 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO PROVIDE A PROCESS FOR THE CREATION AND ADMINISTRATION OF COMMUNITY BENEFIT DISTRICTS WHEREAS, the City of Wheat Ridge ("City"), acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution and C.R.S. § 31-1-101 et seq. to establish a process by which property owners within the City may establish a community benefit district for the improvement of their neighborhood, mixed use or commercial district; and WHEREAS, the City Council believes that such a process will expedite revitalization programs through funding of special benefits, improvements and activities; and WHEREAS, such benefits, improvements and activities may include, but are not limited to: enhanced maintenance of public rights-of-way, funding and completion of capital improvements, security services, economic development, advocacy, beautification and decoration and special district fairs, festivals or events; and WHEREAS, the City Council wishes to enact a process to make the establishment of community benefit districts available to property owners within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 10 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new Article II, which shall be titled "Community Benefit Districts" and which shall read in its entirety as follows: SEC. 10-15. INTENT. IT IS THE INTENT OF THIS ARTICLE II TO PROVIDE FOR THE PROCESS TO CREATE AND ADMINISTER COMMUNITY BENEFIT DISTRICTS ("CBDs"). SEC. 10-16. FORMATION OF CBD. (a) THE CITY COUNCIL MAY CONSIDER THE FORMATION OF A CBD UPON THE SUBMISSION TO THE CITY CLERK OF A PETITION FOR THE SAME, SIGNED BY PROPERTY OWNERS TO BE INCLUDED IN THE CBD WHO WILL BE ATTACHMENT 2 RESPONSIBLE FOR PAYMENT OF AT LEAST THIRTY-FIVE PERCENT (35%) OF THE ESTIMATED FIRST ANNUAL ASSESSMENT FOR THE ENTIRE DISTRICT, AS SET FORTH IN THE PETITION (HEREINAFTER, THE "WEIGHTED MAJORITY" OF PROPERTY OWNERS). (b) AT A MINIMUM, THE PETITION MUST CONTAIN A COMPLETE SUMMARY OF THE FOLLOWING: (1) THE PROPOSED IMPROVEMENTS, SERVICES AND ACTIVITIES OF THE CBD (COLLECTIVELY, "SERVICES"). (2) IDENTIFICATION OF HOW THE PROPOSED SERVICES MEET A BROADER GOAL OF ONE OR MORE OF THE FOLLOWING: a. THE CITY'S STRATEGIC PLAN, b. THE CITY'S COMPREHENSIVE PLAN, c. ANY APPLICABLE NEIGHBORHOOD REVITALIZATION STRATEGY, d. ANY APPLICABLE PARK AND RECREATION PLAN OR RELEVANT SUBAREA STUDY, OR 2. ANY OTHER PLAN OR POLICY ADOPTED BY THE CITY WHICH PROMOTES COMMUNITY AND ECONOMIC DEVELOPMENT PROSPERITY. (3) MAP SHOWING THE BOUNDARIES OF THE PROPOSED CBD, IN RELATION TO CITY STREETS AND IDENTIFIED LOTS AND BLOCKS, SUFFICIENT FOR PROPERTY OWNERS TO DETERMINE IF THEIR PROPERTIES ARE OR ARE NOT INCLUDED WITHIN THE PROPOSED DISTRICT. (4) PROPOSED TERM OF THE CBD IN YEARS, IF ANY. (5) ASSESSMENT METHODOLOGY. (6) POLICY FOR ANY ASSESSMENT EXEMPTIONS IN THE CBD. (7) OUTLINE OF PROPOSED CAPITAL PROJECTS THAT THE ASSESSMENTS SHALL FUND. (8) PROPOSED MANAGEMENT STRUCTURE OF THE CBD BY AN EXISTING 26 USC § 501(c)(3) ORGANIZATION ("501(c)(3) ORGANIZATION") OR THE ESTABLISHMENT OF A NEW 501(c)(3) ORGANIZATION. (9) PROPOSED PLAN OF IMPLIMENTATION OF THE PROJECTS AND PROGRAMS OUTLINED IN THE PETITION. (10) ANY OTHER CRITERIA THAT THE CITY MANAGER DEEMS RELEVANT AND APPROPRIATE WITH RESPECT TO THE PURPOSE OF THE PROPOSED CBD AND THE CITY'S STRATEGIC PLAN. (c) UPON RECEIPT OF A COMPLETE PETITION, THE CITY CLERK SHALL: (1) ISSUE A CERTIFICATION OF COMPLETENESS TO THE PETITIONERS, AND (2) SCHEDULE A PUBLIC HEARING BEFORE THE CITY COUNCIL FOR THE PURPOSE OF TAKING TESTIMONY AND ACTION ON THE PETITION. THE HEARING SHALL BE SCHEDULED AT THE EARLIEST PRACTICABLE TIME, BUT IN NO EVENT SOONER THAN THIRTY (30) DAYS FOLLOWING THE CLERK'S CERTIFICATION OF PETITION COMPLETENESS. (d) WITHIN DAYS OF THE ISSUANCE OF A CERTIFICATE OF PETITION COMPLETENESS, BUT NOT LESS THAN FIFTEEN (15) DAYS PRIOR TO THE SCHEDULED PUBLIC HEARING THE APPLICANT SHALL CAUSE MAIL BALLOTS TO BE DELIVERED TO ALL PROPERTY OWNERS PROPOSED TO BE INCLUDED IN THE CBD. THE BALLOTS SHALL INCLUDE THE FOLLOWING QUESTIONS NECESSARY TO GAUGE PROPERTY OWNER SUPPORT OF THE CBD: (1) DO YOU GENERALLY SUPPORT THE FORMATION OF THE PROPOSED CBD AND THE IMPROVEMENTS, SERVICES AND/OR ACTIVITIES IT IS TO PROVIDE? (2) DO YOU AGREE THAT THE IMPROVEMENTS, SERVICES AND/OR ACTIVITIES WILL BENEFIT YOU PROPERTY? (3) DO YOU AGREE WITH THE ASSESSMENT METHODOLOGY BEING PROPOSED? IN ADDITION, EACH BALLOT SHALL INDICATE THE ESTIMATED DOLLAR AMOUNT TO BE ASSESSED TO THAT PROPERTY IN THE FIRST FULL YEAR OF CBD OPERATIONS. (e) THE BALLOTS SHALL BE REMITTED TO THE CITY CLERK AT LEAST _DAYS PRIOR TO THE SCHEDULED PUBLIC HEARING, AND THE CLERK SHALL SUMMARIZE THE RESULTS OF THE SAME FOR INTRODUCTION INTO THE HEARING RECORD. (1 AT THE PUBLIC HEARING, THE CITY COUNCIL SHALL TAKE TESTIMONY AND EVIDENCE FROM ANY PERSON, AND SHALL ALSO CONSIDER THE SUMMARY OF RESULTS OF THE MAIL BALLOTS SUBMITTED. (g) FOLLOWING THE HEARING, IF THE CITY COUNCIL FINDS THAT THE MAIL BALLOTS DEMONSTRATE THAT THE WEIGHTED MAJORITY OF PROPERTY OWNERS SUPPORT THE CREATION OF THE CBD, THE COUNCIL MAY ADOPT AN ORDINANCE CREATING THE CBD. IF THE CITY COUNCIL FINDS THAT THE MAIL BALLOTS DEMONSTRATE THAT THE WEIGHTED MAJORITY OF PROPERTY OWNERS DO NOT SUPPORT THE CREATION OF THE CBD, THE CITY COUNCIL SHALL DENY THE CBD PETITION. (h) IF THE CITY COUNCIL ADOPTS AN ORDINANCE CREATING THE CBD, THE PETITION SUBMITTED TO CITY COUNCIL (AS THE SAME MAY HAVE BEEN AMENDED) SHALL BECOME KNOWN AND SHALL FUNCTION AS THE "CBD PLAN FOR THE DISTRICT". Sec. 10-17. COLLECTION OF CBD ASSESSMENTS. (a) ALL PROPERTY OWNERS IN THE CBD SHALL BE ASSESSED UNLESS EXPLICITLY EXCLUDED PURSUANT TO THE CBD PLAN. (b) CBD ASSESSMENT SCHEDULES LISTING EACH PROPERTY IN THE DISTRICT SHALL BE SUBMITTED ANNUALLY ON OR BEFORE TO THE COUNTY TREASURER FOR INCLUSION AS A SEPARATE LINE ITEM ON THE ANNUAL PROPERTY TAX BILLS. THE COUNTY TREASURER SHALL DISTRIBUTE ANY ASSESSMENTS COLLECTED FROM THE CBD TO THE CITY TREASURER, LESS ANY STATUTORILY REQUIRED ADMINISTRATIVE FEE. THE CITY TREASURER SHALL THEN DISTRIBUTE ASSESSMENTS TO THE CBD'S DESIGNATED MANAGEMENT ORGANIZATION (c) ENFORCEMENT OR APPEAL OF THE ASSESSMENTS SHALL BE PURSUANT TO LAWS GOVERNING THE COLLECTION OF PROPERTY TAXES GENERALLY. Sec. 10-18. TERM. A CBD SHALL BE FORMED FOR THE TERM SPECIFIED IN THE CBD PLAN. IF NO TIME IS SPECIFIED, THE CBD SHALL EXIST IN PERPETUITY UNTIL DISESTABLISHED PURSUANT TO THE PROCEDURE SET FORTH IN SEC. 10-19. Sec. 10-19. DISESTABLISHMENT OF CBD. A CBD MAY BE DISESTABLISHED BY THE CITY COUNCIL, ACTING BY ORDINANCE, UNDER EITHER OF THE FOLLOWING PROCEDURES: (1) THE COUNCIL, ACTING ON ITS OWN MOTION, MAY DISESTABLISH A CBD FOLLOWING NOTICE AND HEARING AS PROVIDED IN THIS SECTION. (2) THE PROPERTY OWNERS WITHIN A CBD SHALL HAVE THE RIGHT TO PETITION THE CITY COUNCIL FOR DISESTABLISHMENT OF A CBD; PROVIDED, HOWEVER THAT ANY SUCH PETITION MUST BE RECEIVED BY THE CITY CLERK WITHIN THE THIRTY (30) DAYS PRIOR TO THE ANNUAL ANNIVERSARY OF THE EFFECTIVE DATE OF THE ORDINANCE CREATING THE CBD. THE PETITION SHALL VERIFY THAT THE CITY SHALL NOT BE REQUIRED TO PROVIDE CONTINUED SERVICES OF SPECIAL BENEFITS TO THE CBD UPON ITS DISESTABLISHMENT, AND THAT THERE ARE NO OUTSTANDING LIABILITIES OR RESPONSIBILITIES CREATED PURSUANT TO THE THEN CURRENT CBD PLAN. IF THE OWNERS OF REAL PROPERTY RESPONSIBLE FOR THIRTY-FIVE PERCENT (35%) OR MORE OF THE ASSESSMENTS LEVIED FOR THE CBD IN THE MOST RECENT CALENDAR YEAR SUBMIT A VALID PETITION FOR DISESTABLISHMENT OF THE CBD THE FOLLOWING PROCEDURE SHALL BE INITIATED: a. AS SOON AS PRACTICABLE AFTER THE RECEIPT OF A VALID PETITION, THE CITY CLERK SHALL SCHEDULE A PUBLIC HEARING BEFORE THE CITY COUNCIL, FOLLOWING NOT LESS THAN FIFTEEN (15) DAYS PUBLIC NOTICE. AT THE HEARING, ANY PERSON MAY APPEAR AND GIVE EVIDENCE AND TESTIMONY. FOLLOWING THE HEARING, THE COUNCIL SHALL DETERMINE WHETHER THE CBD HAS ANY OUTSTANDING LIABILITIES OR RESPONSIBILITIES CREATED PURSUANT TO THE THEN CURRENT CBD PLAN. b. IF THE CITY COUNCIL FINDS THAT NO SUCH LIABILITIES OR RESPONSIBILITIES EXIST, IT MAY ADOPT AN ORDINANCE TO DISESTABLISH THE CBD. IF THE CITY COUNCIL FINDS THAT SUCH LIABILITIES OR RESPONSIBILITIES EXIST, IT MAY VOTE TO DISALLOW THE DISESTABLISHMENT OF THE CBD. c. IN THE EVENT THE PETITION IS DISALLOWED, THE PETITIONERS MAY RESUBMIT AN AMENDED PETITION WITHIN _MONTHS, DETAILING A REVISED DISESTABLISHMENT PLAN THAT OUTLINES THE TIME PERIOD FOR CONTINUED ASSESSMENTS BASED ON EXISTING AND IDENTIFIED LIABILITIES AND RESPONSIBILITIES OF THE CBD. THE AMENDED PETITION AND REVISED PLAN SHALL CLEARLY IDENTIFY OBLIGATION OF THE CBD TO SATISFY ITS LIABILITIES AND RESPONSIBILITIES AND SHALL VERIFY THAT THE CITY SHALL NOT BE REQUIRED TO PROVIDE CONTINUED SERVICES OF SPECIAL BENEFITS TO THE CBD UPON ITS DISESTABLISHMENT. d. IN THE EVENT THE DISESTABLISHMENT PLAN OR PETITION CONTAINS A STRATEGY TO SATISFY AN OUTSTANDING LIABILITY OR RESPONSIBILITY OVER A PERIOD OF TIME, THE CITY COUNCIL MAY APPROVE DISESTABLISHMENT OF THE CBD ONLY CONDITIONALLY UPON THE SATISFACTION OF ANY SUCH LIABILITY OR RESPONSIBILITY. Sec. 10-20. MANAGEMENT OF CBD. THE ORGANIZATION NAMED OR CREATED TO MANAGE THE CBD SHALL, AS A CONDITION OF THE EFFECTIVENESS OF THE ORDINANCE CREATING THE SAME, PROMPTLY ENTER INTO A CONTRACT WITH THE CITY, THROUGH THE OFFICE OF THE CITY MANAGER, TO ADMINISTER AND MANAGE THE CBD ON BEHALF OF THE PROPERTY OWNERS CONTAINED THEREIN. THIS CONTRACT SHALL BE UPDATED ANNUALLY TO DESCRIBE THE ANNUAL WORK PLAN SET FORTH IN SEC. 10-21. Sec. 10-21. ANNUAL WORK PLAN; WITHHOLDING ASSESSMENTS. (a) ON AN ANNUAL BASIS, THE CBD, THROUGH ITS MANAGEMMENT ORGANIZATION, SHALL PRESENT A WORK PLAN TO THE CITY MANAGER, WHICH PLAN SHALL: (1) DESCRIBE THE PROGRAMS AND PROJECTS THE CBD DESIRES TO IMPLEMENT, AND (2) PROVIDE PROJECT ANALYSIS DATA SUFFICIENT FOR THE CITY MANAGER TO IDENTIFY HOW THE USE OF THE ASSESSED FUNDS IS MEETING THE CBD'S PURPOSES AS OUTLINED IN THE CBD PLAN. (b) IF THE WORK PLAN SUBMITTED IS CONTRARY TO THE CBD'S PURPOSE, THE CITY TREASURER, UPON THE DIRECTION OF THE CITY MANAGER, MAY WITHHOLD A PORTION OF THE ASSESSMENTS THAT DO NOT MEET THE CBD'S PURPOSES. ANY ASSESSMENTS SO WITHHELD MUST BE PLACED IN AN INTEREST BEARING ESCROW ACCOUNT AND SHALL BE MADE AVAILABLE TO THE CBD ONLY UPON PRESENTATION AND APPROVAL OF AN AMENDED WORK PLAN WHICH IS ACCEPTABLE TO THE CITY MANAGER. (c) AT NO TIME SHALL THE CITY REDUCE ITS LEVEL OF PUBLIC SERVICES IN THE AREA OF THE CBD BELOW THAT OFFERED TO THE CITY GENERALLY IN RESPONSE TO AN INSUFFICIENT WORK PLAN OR IN LIEU OF WITHHOLDING ASSESSMENTS. Sec. 10-22. AMENDMENTS TO CBD ASSESSMENT OR CBD PLAN GENERALLY. ALL AMENDMENTS TO THE CBD PLAN, INCLUDING AMENDMENTS TO THE ASSESSMENT METHODOLOGY, SHALL BE PROCESSED ACCORDING TO THE PROCEDURE FOR FORMATION OF A CBD SET FORTH IN SEC. 10-16 ABOVE. Section 2. By the creation of a new Chapter 10, Article II, the existing Sections 10-1 through 10-14 shall be renumbered as Article I, titled "Special or Local Improvement Districts." The content of said Sections is not affected by this Ordinance. Section 3. Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on the day of , 2008, 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 , 2008, 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 2008. SIGNED by the Mayor on this day of 12008. 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: ♦L I1~ City of " WheatPdge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 10, 2008 TITLE: COUNCIL BILL 21-2008, AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: ❑ YES V- J~ 0. A ommum De elop t Director EXECUTIVE SUMMARY: ® ORDINANCES FOR 1sT READING (11/10/2008) ❑ ORDINANCES FOR 2ND READING (11/24/2008) ® NO & ve rD City M er Recent improvements on Clear Creek near McIntyre Street have changed the stream's floodplain. New floodplain and floodway maps have been generated for this reach of Clear Creek. It is appropriate that the City Council accept the new study and maps and incorporate them into the Floodplain Control Section of the City Code. None required. STATEMENT OF THE ISSUES: Coors Brewing Company constructed stream overflow improvements at their Clear Creek railroad bridge east of McIntyre Street earlier this year. This project contains the flows in Clear Creek during flood events and, therefore, has changed the 100-year floodplain downstream. Coors had an engineering study prepared by CDM Engineering and has had Icon Engineering modify their Clear Creek Flood Hazard Area Delineation. The revised pages and sheets are contained in an October 27, 2008 letter report titled Clear Creek Floodplain Revisions at McIntyre Overflow. Adoption of the floodplain changes will allow the City to administer activities within the correct floodplain boundaries. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: There is no financial impact to the City Budget. RECOMMENDED MOTION: I move to approve Council Bill 21-2008, An Ordinance amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to floodplain control." Or, "I move table indefinitely Council Bill 21-2008 for the following reason(s) ATTACHMENTS: 1. Council Bill 21-2008 2. Floodplain Map INTRODUCED BY COUNCIL MEMBER Council Bill No. 21 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL WHEREAS, the City of Wheat Ridge has previously adopted Article VIII of Chapter 26 of the Code of Laws pertaining to floodplain control; WHEREAS, amendment of the description of the Flood Regulatory District is needed to reflect current information; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Subsection G of Section 26-803 of the Wheat Ridge Code of Laws is amended to read as follows: G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado", dated June 17, 2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this Article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions of the City of Wheat Ridge. 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban Drainage and Flood Control District, April, 2007. 3. Clear Creek: Clear Creek Floodplain Revisions at McIntyre Overflow- Letter Report by Icon Engineering dated October 27, 2008. 4. Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be part of these regulations. The flood insurance rate map and the above- mentioned engineering reports, which constitute the flood insurance study are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 12008. JERRY DITULLIO, MAYOR 2 ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: INTRODUCED BY COUNCIL MEMBER Council Bill No. 21 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL WHEREAS, the City of Wheat Ridge has previously adopted Article VIII of Chapter 26 of the Code of Laws pertaining to floodplain control; WHEREAS, amendment of the description of the Flood Regulatory District is needed to reflect current information; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Subsection G of Section 26-803 of the Wheat Ridge Code of Laws is amended to read as follows: G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado", dated June 17, 2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this Article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions of the City of Wheat Ridge. 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban Drainage and Flood Control District, April, 2007. 3. Clear Creek: Clear Creek Floodplain Revisions at McIntyre Overflow- Letter Report by Icon Engineering dated October 27, 2008. 4. Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. ATTACHMENT I The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be part of these regulations. The flood insurance rate map and the above- mentioned engineering reports, which constitute the flood insurance study are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12008. SIGNED by the Mayor on this day of 12008. JERRY DITULLIO, MAYOR ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: Nltld RI H Z W a H H a INTRODUCED BY COUNCIL MEMBER Council Bill No. 21 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL WHEREAS, the City of Wheat Ridge has previously adopted Article VIII of Chapter 26 of the Code of Laws pertaining to floodplain control; WHEREAS, amendment of the description of the Flood Regulatory District is needed to reflect current information; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Subsection G of Section 26-803 of the Wheat Ridge Code of Laws is amended to read as follows: G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado", dated June 17, 2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this Article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions of the City of Wheat Ridge. 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban Drainage and Flood Control District, April, 2007. 3. Clear Creek: Clear Creek Floodplain Revisions at McIntyre Overflow- Letter Report by Icon Engineering dated October 27, 2008. 4. Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be part of these regulations. The flood insurance rate map and the above- mentioned engineering reports, which constitute the flood insurance study are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 2V Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 2008. JERRY DITULLIO, MAYOR 2 ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2„ d publication: Wheat Ridge Transcript Effective Date: