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HomeMy WebLinkAbout11/24/20086:30 p.m. Pre-Meeting A ljl ' 41 1 CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 24. 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 November 10, 2008 PROCLAMATIONS AND CEREMONIES 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. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Resolution 60-2008 - A Resolution approving a Three Lot Subdivision Plat for Property recently Annexed to the City of Wheat Ridge - Coors at Clear Creek, Filing No. 1. Item 2. Council Bill 21-2008 - An Ordinance Amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to Floodplain Control. CITY COUNCIL AGENDA: November 24, 2008 ORDINANCES ON FIRST READING Page -2- Item 3. 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 4. Council Bill 22-2008 - An Ordinance amending Chapter 4, Section 14 of the Code of Laws of the City of Wheat Ridge, which concerns the Regulations of Exotic Animals within the City. Item 5. Council Bill 23-2008 - An Ordinance Regulating the Operation of Secondhand Dealers and Precious Metal Dealers, and in connection therewith, amending Article VII of Chapter 11 of the Code of Laws. DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Resolution 61-2008 -A Resolution Authorizing Submittal of the Application for a 2009 Joint Venture Grant to Jefferson county Open Space for the Construction of 38"' and Kipling Park. Item 7. Award ITB-08-32 HVAC System Upgrade/Senior Center in the total Amount of $158,697 to Environmental Control Systems, Englewood, CO with a total Project Cost not to exceed $168,697. Item 8. Award Panasonic Computer Notebooks to Portable Computer Systems in the Total Amount of $38,757.50. Item 9. Election of Mayor Pro Tem CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT off i mom CITY OF WHEAT RIDGE, COLORADO November 10, 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Karen Berry, Dean Gokey, Tracy Langworthy, Lena Rotola, Wanda Sang, Mike Stites, and Terry Womble. 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. APPROVAL OF MINUTES OF October 27, 2008 Motion by Mr. Stites for approval of the Minutes of October 27, 2008; seconded by Mrs. Sang; carried 5-0-3 with Council Members Womble, Adams and Gokey abstaining due to their absence from the meeting. PROCLAMATIONS AND CEREMONIES Mayor DiTullio introduced Dean Gokey, Don Eafanti and Frank Carney, Wheat Ridge War Veterans, who were present to accept the Mayor's Proclamation for Veterans Day on November 11, 2008. Karen Thaler read the Mayor's Proclamation. Mayor DiTullio extended a Certificate of Recognition for American Legion Post #161 Arvada Honor Guard and a Certificate of Recognition for Lyle Booth. Frank Carney was present to accept the certificates. Reception followed at 7:07pm. The Regular Meeting resumed at 7:22pm. CITIZENS' RIGHT TO SPEAK No citizens were present to speak. APPROVAL OF AGENDA Motion by Mr. Stites to pull Item 4 from the Agenda and to hold the Public Hearing for Item 1.6. after Items 2 & 3; seconded by Mrs. Sang; carried 8-0. CITY COUNCIL MINUTES: November 10, 2008 Item 1. CONSENT AGENDA Page -2- 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. Consent Agenda was introduced and read by Mr. Stites. Mr. Gokey requested to pull Item 1.C. from the Consent Agenda. IVI VIVA by IVII. Stites fVr approval of CUIIOVIIL MVUIId^a itelil A, D ailu E; selivnU U by Mrs. Sang; carried 8-0. Motion by Mr. Gokey to deny 1.C. for the reason that such City funds should be used to address the flooding issues in the City; seconded by Mr. Womble; failed 3-5 with Council Members Gokey, Womble, and Sang voting Yes. Motion by Mrs. Adams to approve Item 1.C., award of 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. CITY COUNCIL MINUTES: November 10, 2008 Page -3- 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. Seconded by Mrs. Rotola; carried 5-3 with Council Members Womble, Sang and Gokey voting No. 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) Mayor DiTullio announced that Items 2 & 3 would be heard together given their similar nature and opened the Public Hearing for both. Council Bill 18-2008 & Council Bill 19-2008 were introduced together on second reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance Nos. 1421 & 1422 respectively. Mayor DiTullio gave oath to all citizens and staff providing testimony. I'Vil Johi s v- n a presented a Power Point document (inciudea in this document) summarizing the annexations. Mayor DiTullio closed the Public Hearing. Motion by Mr. Stites to approve Council Bill 18-2008 (Ordinance 1421) 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; seconded by Mrs. Langworthy; carried 8-0. Motion by Mr. Stites to approve Council Bill 19-2008 (Ordinance 1422) 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; seconded by Mrs. Sang; carried 8-0. CITY COUNCIL MINUTES: November 10, 2008 Page -4- Item I.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). Mayor DiTullio opened the Public Hearing and gave oath to all citizens and staff providing testimony. Mr. Stites introduced Item 1.B. and read the Executive Summary. Mr. Johnstone provided Council an explanation for Resolution No. 59-2008. Steve Warner and Curtis Linville of Reliant Land Service, representing T-Mobile, answered Council questions. Motion by Mr. Stites to approve Resolution 59-2008; seconded by Mrs. Sang; carried 8-0. 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 4 was pulled from the agenda. Item 5. Council Bill 21-2008 -An Ordinance amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to Floodplain Control. Council Bill 21-2008 was introduced on first reading by Mrs. Berry. Motion by Berry to approve Council Bill 21-2008 on first reading, order it published, public hearing set for Monday, November 24, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Rotola; carried 8-0. CITY MANAGER'S MATTERS Mr. Young thanked all the citizens who participated in last week's election. CITY COUNCIL MINUTES: November 10, 2008 ELECTED OFFICIALS' MATTERS Page -5- Mrs. Adams invited citizens to visit and share ideas with Wheat Ridge Police Officers during the Coffee With A Cop Program taking place December 8"' at Starbucks. Mrs. Berry thanked citizens in District 1 for their efforts to solve the drainage issues in their area and pledged to continue to look for solutions. Mr. Womble thanked all war veterans for their service to our Country. Mr. Stites also thanked all veterans for their service over many years. He also encouraged neighbors to try to do one positive thing for the community every day, particularly to our elderly neighbors; and as always, to "Find it and Buy it in Wheat Ridge". Mrs. Rotola thanked war veterans for their service and asked citizens to say a prayer for all who are serving today. Mrs. Sang recognized and thanked veterans for what they provide our Country, noting all their sacrifices. Mr. Gokey thanked veterans for all their service to the Country. Mayor DiTullio thanked Don Eafanti and other community members who have provided the Veterans Day celebrations in Wheat Ridge for many years. He also urged citizens to check their tire pressure now that temperatures are changing, to keep their vehicles safe. He eXnerienced a tiro hl^xm-riw't recently himself because of this pro`vieii1. Meeting adjourned at 7:58p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON NOVEMBER 24, 2008 BY A VOTE OF to Mike Stites, Mayor pro tem 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. Prom: Kenneth Johnstone Sent: Tuesday, September 30, 20% 1:51 IOM To: Patrick Goff; Randy Young Cc: John Schumacher Subject: RE: Suggested Consensus for Wednesday Night Patrick and Randy, I am aware that WR2020 is participating in a study session with City Council to provide an update on their ongoing programs. As you know, I am not available to attend- Based on the attached e-mail, it would appear that the topic of building code amendments is being discussed with the WR2020 Board. My initial reaction would be that if WR2020 is proposing to present some sort of a list of building code changes, they might want to present those at a staff to staff level before presenting to the 2020 Board and our City Council. I have not received a list of recommendations from WR2020 staff. We have of course discussed some specific building code requirements and procedures during several meetings that have occurred over the course of the past year and we have responded to those specific inquiries to the inquiring parties. I am not aware of any outstanding issues that we have with WR2020 staff or contractors on building code requirements. It might also be helpful to remember that the Building Division staff is already in the process of considering adoption of the 2006 International Building Codes (IBC). Earlier in the summer we sent out an invitation to all licensed general contractors in the City, inviting them to attend a breakfast meeting where we discussed the adoption of the 2006 IBC (still a goal for this year). About a dozen people attended, including the Mayor, John, me and Steve, Blakesley. We invited people on multiple occasions during the course of thai meetmg`io iet us know of any local code amendments that they felt we should consider during that adoption process lr. Blakesley did, make one suggestion to the group (I can explain the gist of his suggestion sc arate;frcitti thi&e- `"mail}; but nt"did not receive much traction from the rest of the gg~goWn attendance. Other than t eat five have not received any code amendment suggestions- We did receive several comments regarding procedural changes that the contractor community felt would be beneficial: faxed permits, more over the counter permits, faster plan review turnaround times, etc. We have been making every effort to address those process recommendations. In March of 2008 we began accepting credit cards for building and planning fees. We are in the process of acquiring a new multi-function copier/fax/pri€tter that will be housed at the Building front counter in order to allow for faxed permits. Through the process of updating the web, we are looking for additional opportunities for web-based permitting. In the 2009 budget request, we have requested a new position of a combination plan reviewer/inspector. Given the building permit projections for 2009, we believe this to be the fiscally prudent alternative to paying contract labor at a much higher production pay rate. Equally important, the position would allow us to make additional customer service enhancements. Specifically, we would anticipate the following as some D 03105120€18 o~ , s Minor Building Hgwe I Deparimert I ca-Unity DeVelopnent I auirding Drvisign I Wins( 801ding Perm,0 _ Permits Minas Building Permit Submittals & Checklist f ecldlsts, example graphics and contact information. then do you need a perada7 A building permit is needed for almost any work per€ormed. The following items, do- not require submittal of a. builling,permdt - . Painting _ + Carpet/bWinoleurn removal & installation • Gutters/sidipgtsofft(faseia.changes or a[tecatuui Fffndr fence repair/rtiaintenance • landscaping For everything else, you wig need to submit a building pemmdt for review by the Community Development Department. What is a minor permit? The following are defined as a minor building permit: • Decks or covered patios • Fence installation + Garages . Over the counter permits + Sheds • Signs Building Contractor's License You do not need a contractor's license for a minor permit for work you perform on the house in which you reside. All work on commercial property tsignage, fences) or on property where you do not reside will require a building contractor's license, If you have licenses in other cities, you must. provide copies to the Building Division. Copies of licenses from 3 other cities are required. If you do not have licenses in other cities, you must provide a work history, Including references. An insurance certificate (with the City of Wheat Ridge listed as the certificate holder) is required for all licenses. Before Submittal There are some issues you should explore and preliminary questions you should ask before you submit your permit. First, you should check the zoning on the subject property to ensure that the intended use is allowed. You may want to ask specific questions such as "How tali can the fence be?" or "How far away from the property lines should the freestanding sign be?" These type of questions will help you design the site. You should verify if the property is located in a designated food plain area, as there will be added building requirements in conjunction with a flood plain permit Before submittal, you should talk with the utility districts which serve your http://xvww.ci.wheatridge.ea.us/GovSite/def'aultW. servicei€€1=340&Frame=L1 3/5/2008 Project Permit Review Use Additional Permit Address Fee Fee Tax Fees Total 4753 Doves 1,614.57 852.52 1,851.30 - 4,318.39 3950 Kendall 1,114.45 691.89 1,344.42 - 3,150.76 690438 Exterior 490.50 - 432.00 490.50 1,413.00 6912 W. 48th 626.87 407.47 604-73, - 1,639.07 6914 W. 48th 626.87 407.47 604.73 - 1,639.07 6944W. 48th 626.87 407.47 604.73 _ 1,639.07 6918 W. 48th 626.87 714.47 604.73 - 1,946.07 6920 W. 48th 753.37 407.47 673.13 - 1,833.97 6922 W. 48th 626.87 407.47 604.73 - 1,639.07 6930 W. 48th 626.87 100.00 604.73 1,331.60 6936 W. 48th 626.87 407.47 604.73 - 1,639.07 6900 W. 48th 181.10 117.72 126.00 424.82 6855 W. 46th 824.09 373.33 762.69 nn A, 00.41 A nAn co c,uco.cao 6265 W. 46th 925.23 424.63 864.00 2,213.76 Grand Totals 10,291.40 6,719.28 10,286.95 558.77__ 26,866.40 CITY OF WHEAT RIDGE 08/06108 9.49 AN dba 0-^io,-l DeveloT,aent RECEIPT Q-tDA000606 ANG'UNT BPSP Repiarerent of 11 cji 498=10 aaW9aa PeTmit Fee 272=i0 Use Tax 216=00 BPSP Teplan 13 windows 231=10 080882 Permit Fee 144.79 Use Tax 86.40 PAYMENT RECEIVED AMU CK 1163 719:20 TOTAL 713=20 -6 ! 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Aciart appearance may mutt m additional court costs, a higherfne, and the assessment Without admitting guilt I promise to appear atths time and place of the original points. The Court reserves the right to review your driving record and rescind or ovenule the indica! below. thi i t l y payment opt on. reduced fines and points pursuan to s ear Notice: See instructions on reversaside hued °SUnunoW EARLY PAYMENT D W€7UNT: Total Total _ Amount Pants Due $ Assessed r: cur am s: annioeed and ordered to appear to answer charges The undersigned has probable cause to believe that the defendant - - notad above in: - committed the offense(s) against the peace and dignity of the People of the State of Colorado and affirms that a copy of this Summons & Complaint or Wheat P.idge rsunicipal Couts, :506'c .'ZDP Avenue, wheat Penalty Assessment was served upon the defendant. 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Q Fingerprinted Fiangerprnt# CMY USDDT# Total hiumbaT Of Q CMV Req. CDE Q Custodial AOest Charges ❑ Photographed ❑ PENALTY ASSESSMENT SUMMONS - Q Valid CO OL if this box is checked, you are permitted to accept the penalty assessment noted on the front of the Summons Traffic Infraction - offense.` Without a court appearance. The Court must receive your payment in full and signed guilty plea prior to your Without admitting guilt, I promise to appear at the time andphere scheduled Court date A Court appearance may result in additional court costs, a higher fine, and the assessment indicated Belo of the original points. The Court reserves the right to review your driving record and rescind or Overrule the reduced fines and points pursuant to this early paymentoption. . EARLY PAYMENT DISCOUNT: Total Total Notice: See instructions on reverse side aided ~Sunbwns Amount Points - - - Due $ Assessed Your are Summoned and ordered to appea: to answar charges The undersigned has probable cause to believe that the defendant noted above in: committed the offense(s) against the peace and dignity of the People of the State of Colorado and affirms that a Copy of this Summons & Complaint or 1t671eei Ridge Municipal Court, 7304' li. 2~"' fsvsnus, t`-'eat Penalty Assessment was served upon the defendant. - Ridge. CO 130035 303-235-2- 35 _ Officer (print) - Badge # % „ , on I I L'~~ aP ! am; Am - Officer signature 1 . : R"am7ng: YS you fail to aprmarbr response to ?his summons as n.da:zGeP7ar art ray ba issued for3~aur ar: as;;eua drirng Late issued: / _ I - wa,.rmo. xuwg or/vte~ss rnav De s~rs:?~rdeN ancs aecti2io:saf acsts assssaer. - - - - THIS IS A LEGAL DOCUMENT - READ BOTH SIDES - CITY OF WHEAT RIDGE CITIZEN' S RIGHT TO SPEAK DATE: NOVEMBER 24, 2008 • Any person may speak on matters other than agenda items for a maximum of three minutes, unless additional time is granted by agreement of council. • Each such person must sign the public comment roster, stating name, address, and topic of comment. Please PRINT NAME ADDRESS TOPIC Kin V Ct4j- st,;~,'F !'4eve 81,q S S l~ o(ur ors Please sign on back of page if necessary. Wheat Ridge ITEM NO: REQUEST FOR CITY COUNCIL ACTION i Iat ~ I i ~ ~ nn COUNCIL MEETING DATE: November 24, 2008 TITLE: RESOLUTION NO. 60-2008 - A RESOLUTION APPROVING A THREE LOT SUBDIVISION PLAT FOR PROPERTY RECENTLY ANNEXED TO THE CITY OF WHEAT RIDGE - COORS AT CLEAR CREEK, FILING NO.1 ® PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) ® RESOLUTIONS Quasi-judicial: , /I ® YES ❑ NO City Manage EXECUTIVE SUMMARY: On November 10, 2008, City Council approved the annexation of two land areas known as Coors Annexations #1 and #2. The annexed properties are located on the south side of SH 58, north of the Clear Creek and immediately west of properties annexed in 2005 as part of the Coors/Cabela's project approvals. The properties total approximately 25 acres, inclusive of City owned right of way for the future construction of Cabela Drive. The requested subdivision plat would divide the property into 3 lots and one tract to allow conveyance of the properties. The City's comprehensive plan identifies the properties for business park uses. The property owner has not indicated specific development intentions and the properties are proposed to initially be zoned A-1 (pending City Council approval of a zoning ordinance). Future development proposals for the property will be subject to additional City Council review and approval through rezoning to Planned Commercial Development through the Outline Development and Final Development Plan Process. The Planning Commission is required to make a recommendation on the subdivision plat application for City Council's consideration. The Planning Commission reviewed the request at an October 16 public hearing and recommended approval of the subdivision request. STATEMENT OF THE ISSUES: Notice of this public hearing was published in the Wheat Ridge Transcript on November 6, 2008. The property proposed for subdivision is currently vacant. The property is located to the south of SH 58, north of Clear Creek and immediately west of property annexed in 2005 as part of the 2005 Coors/Cabela's development plan approvals. The subdivision plat proposes to divide the 20.7-acre property into three lots and one tract for conveyance purposes. A rezoning request is in process for A-1 (Agricultural-1) zoning. No specific development proposals have been provided as part of the subdivision approval. When the current or a future property owner brings forward a specific development request in the future, that application will be subject to City review as a planned development rezoning. During the review of the specific development proposals during the ODP and FDP processes, additional land subdivision and easement and ROW dedication may be required. The application has been through a standard City and outside agency referral process. No issues of concern have been raised. The proposed lots range in size from 4.4 acres to 8.5 acres. Tract A contains a portion of a railroad spur that services the Coors facilities located further west. All lots have access to Cabela Drive, which has been dedicated to the City, but not yet constructed. That roadway is planned to extend Cabela Drive from the planned Cabela's Development westerly to the new interchange on SH 58. The Longs Peak Metropolitan District is responsible for the construction of Cabela Drive. The Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM) identify floodplain on the property based on the currently adopted FEMA maps from 2003. The FEMA approved floodplain maps are accurately identified in Note 6 on page 1 of the subdivision plat. A more recent floodplain study has been completed for Clear Creek and those new floodplain maps slightly alter the location of the floodplain on these lots. The City is in the process of adopting the new mapping on November 24, 2008. Staff is recommending a note be added to the subdivision plat to note the new locally adopted floodplain maps that affect the development of the property. The new floodplain maps have been accepted by the Urban Drainage and Flood Control District and have been forwarded to FEMA for adoption. The Planning Commission staff report has been attached for additional background on the subdivision application. (Attachment 2) ALTERNATIVES CONSIDERED: None. Land in the City is required to be subdivided prior to being sold or transferred. FINANCIAL IMPACT: Construction of Cabela Drive is the responsibility of the Longs Peak Metropolitan District (District). The property is also subject to the terms of the annexation agreement and a Development Covenant Agreement (Attachment 3) as part of the subdivision approval to apply for inclusion in the District. The applicant may be financially responsible for the provision of additional public utility upgrades to allow for development of the parcels. Upon annexation, the City became responsible for the provision of general City services, such as police protection. Upon development for the anticipated commercial use of the property, property tax and potentially sales tax revenues will be generated to the City from these lots. "I move to approve Resolution No. 60-2008, a Resolution approving a final subdivision plat for the Coors at Clear Creek, Filing No. 1 Subdivision, with the following conditions: 1. The applicant shall enter into a Development Covenant Agreement with the City to establish responsibilities for future public improvements, subject to execution by the Director of Public Works; and 2. The subdivision plat shall be modified to reflect the following note: "In addition to Note #6 on Sheet 1 of the subdivision, regarding the location of the FEMA regulatory floodplain, the City has adopted new floodplain maps based on the most recent study of the floodplain. Future development plans for the property must comply with the City's floodplain requirements using the most recent locally adopted maps." Or, "I move to table indefinitely Resolution No. 60-2008 for the following reason(s): ATTACHMENTS: 1. Resolution No. 60-2008 2. Planning Commission Staff Report 3. Development Covenant Agreement 4. Subdivision Plat (2 sheets) CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 60 Series of 2008 TITLE: A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT FOR COORS AT CLEAR CREEK, FILING NO. 1 WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of requests to subdivide land; and WHEREAS, an application has been received from Coors Brewing and Donald McDonald for approval of a 3-lot and 1-tract subdivision known as Coors at Clear Creek, Filing No. 1; and WHEREAS, the proposed subdivision has been referred out to all necessary internal and external referral agencies; and WHEREAS, the Planning Commission held a public hearing and reviewed the application on October 16, 2008 and has recommended approval; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on November 6, 2008. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE FINAL SUBDIVISION PLAT FOR COORS AT CLEAR CREEK, FILING NO.1 IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. The final subdivision plat has been reviewed for consistency with applicable requirements of the Chapter 26 of the Wheat Ridge Code of Laws. 2. Properly noticed public hearings have been held before the Planning Commission and City Council. 3. The Planning Commission has reviewed the application and forwards a recommendation of approval. 4. The subdivision application has been found to be consistent with the City's Comprehensive Plan and is within our anticipated growth boundaries. ATTACHMENT I With the following conditions: ATTEST: 1. The applicant shall enter into a Development Covenant Agreement with the City to establish responsibilities for future public improvements, subject to execution by the Director of Public Works; and 2. The subdivision plat shall be modified to reflect the following note: "In addition to Note #6 on Sheet 1 of the subdivision, regarding the location of the FEMA regulatory floodplain, the City has adopted new floodplain maps based on the most recent study of the floodplain. Future development plans for the property must comply with the City's floodplain requirements using the most recent locally adopted maps." DONE AND RESOLVED THIS 24`h day of November 2008. Jerry DiTullio, Mayor Michael D. Snow, City Clerk CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: CASE MANAGER: M. Reckert October 16, 2008 MS-08-03/Coors Brewing Company ACTION REQUESTED: Approval of a three lot minor subdivision plat for property under consideration for annexation to the City of Wheat Ridge LOCATION OF REQUEST: Located west of Lot 9, Cabela's/Coors Subdivision, north of Clear Creek and south of Highway 58 at Indiana Street extended APPLICANT/OWNER: Coors Brewing Company and Donald McDonald APPROXIMATE AREA: 20.7 acres PRESENT ZONING: Industrial-Two (Jefferson County) COMPREHENSIVE PLAN: Business Park (Wheat Ridge Urban Growth Area Plan) ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Vicinity map ATTACHMENT 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. L REQUEST The applicant is requesting approval of a three-lot minor subdivision of property owned by Coors Brewing Company and Donald McDonald. (Exhibit 1, Letter of Request). The property is currently vacant, and is generally located west of Lot 9 of Cabela's/Coors Subdivision Filing #2, north of Clear Creek and south of Highway 58 at Indiana Street extended. The property is approximately 20.7 acres in size. (Exhibit 2, Vicinity Map) This property is currently under consideration for annexation into the City of Wheat Ridge. Pursuant to Section 26-401.E., the City of Wheat Ridge has platting jurisdiction on land in the process of annexation to the City. The annexation first reading is scheduled for October 27, 2008, with the City Council public hearing scheduled for November 10, 2008. Planning Commission will not be giving a recommendation regarding the annexation as City Council has sole authority on annexation matters. H. EXISTING CONDITIONS/CASE HISTORY The property is bordered to the east by vacant property which was annexed into the City in 2005. (Exhibit 3, Annexation Map) The property annexed contained a total of 198 acres. An Outline Development Plan (ODP) for all 198 acres (Exhibit 4, ODP) and a Final Development Plan (FDP) and plat were approved for development of a Cabela's retail center (Exhibit 5, FDP). None of the 19E acres has been developed to this date although many of the supporting infrastructure improvements have been completed. Those improvements include the widening and improvement of Youngfield Street, the W. 40's Avenue I-70 underpass from Youngfield and the relocation of a portion of the Clear Creek greenbelt trail. Abutting the property to the west is property owned by Coors located in unincorporated Jefferson County and to the south are Clear Creek and the open space trail corridor on property also owned by Coors. The subject site being annexed and platted is accessed via the State Highway 58 frontage road off of McIntyre to the west. The right-of-way for Cabela Drive to the east of the property was dedicated by Cabela's/Coors Subdivision Filing No. I (Exhibit 6, Plat) and Cabela's/Coors Subdivision Filing No. 1 Amended (Exhibit 7, Plat). The portion of Cabela Drive crossing the subject site was dedicated to the City of Wheat Ridge by separate instrument. Excluding the train spur, utility structures and trails, the property is devoid of any permanent structures. III. SUBDIVISION PLAT The three-lot subdivision plat would subdivide property for conveyance purposes (Exhibit 8, Proposed Plat). The boundary of the proposed subdivision corresponds to two annexation petition requests currently under consideration by the City of Wheat Ridge. By state law, newly annexed property must have zoning in place within 90 days of the effective date of the annexation ordinance. Planning Commission 2 MS-08-03/Coors Brewing Company/McDonald As such, staff anticipates that upon annexation approval, an application for zoning and a Planned Commercial Development Outline Development Plan will be submitted shortly thereafter. The property is currently zoned hndustrial-Two (I-2) by the current Jefferson County zoning resolution. The I-2 zone district allows for heavy industrial operations including facilities performing manufacturing and fabrication work, foundries, power plants, wholesaling and warehousing, RV storage, and recycling and transfer stations. The plat divides the property into three separate lots which vary in size from 4.4 acres (Lot 2) to 8.5 acres (Lot 3). All of the new lots will have access from Cabela Drive when it is completed. A separate tract identified as Tract A contains the existing railroad line which is owned by Coors. The railroad spur travels south from W. 44`x' Avenue and extends overhead across Highway 58. After entering the property it continues west/southwest towards other Coors properties. A 20' wide easement for the relocated Clear Creek bike/pedestrian path is shown entering the property at the southeast corner and continuing west along the southern boundary of the subdivision. Jefferson County Open Space has commented that there is a correction needed for the easement as depicted on the plat at the western comer of Lot 3. The requirement for the easement correction is included under the recommended motion for the subdivision. An item of concern is an existing 8' wide Public Service Company easement crossing Lot 3. A note has been added to Sheet 2 regarding future developability of Lot 3. An additional note was added to Sheet 2 to ensure necessary easement procurement for future utility installation, drainage conveyance and retention and access. The property is not considered developable under current conditions as the plat is being prepared for conveyance purposes only. Subsequent to the annexation, zoning and ODP approval must occur within 90 days. A Final Development Plan will be required as well prior to any davelntnment antivity on the property. The property in question is identified in the Wheat Ridge Urban Growth Area Plan, which is an addendum to the Comprehensive Plan, with desired land use as Planned Industrial/Business Park. Desirable uses in the BP designation include light manufacturing and assembly, research and development facilities, offices and professional services. The subdivision plat meets all of the requirements listed in Chapter 26, Article IV of the Wheat Ridge Code of Laws. Normally a minor subdivision plat with no dedications would require approval only by the Planning Commission. However, because the plat cannot be recorded until the annexation is approved, City Council will take final action on this case. IV. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. Specific referral responses follow. Planning Commission 3 MS-08-03/Coors Brewing Company/McDonald Colorado Department of Transportation: No response. Consolidated Mutual Water: No response. Fairmount Fire: No response. Jefferson County Planning and Zoning: No comment at this time. Jefferson County Open Space: The easement for the realigned Clear Creek trail must be modified at the western corner of Lot 3. Upon annexation, Wheat Ridge will be required to maintain this portion of the trail West Table Mountain Sanitation District: No response. Wheat Ridge Public Works: The Public Works Department has reviewed the proposed plat and has indicated that it is approvable. Because there is no accompanying development proposal, preliminary drainage and traffic information has not been required. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the plat meets the requirements listed in Chapter 26, Article IV concerning form and content of subdivision plats. Because the property is under consideration for annexation, staff recommends APPROVAL of the plat with one condition incorporated into the recommended motion for approval. VI. SUGGESTED MOTIONS: OPTION A: ` 1 move to recommend approval of Case No. MS-08-03, a request for approval of a three lot subdivision plat for property located west of Lot 9 of the Cabela's/Coors Subdivision, north of Clear Creek and south of Highway 58, at Indiana Street extended for the following reasons: 1. The property is currently under consideration for annexation to the City of Wheat Ridge. 2. All requirements of the Subdivision Regulations have been met. With the following condition: 1. The trail easement at the western corner of Lot 3 be corrected." OPTION B: "I move to recommend denial of Case No. MS-08-03, a request for approval of a three lot subdivision plat for property located west of Lot 9 of the Cabela's/Coors Subdivision, north of Clear Creek and south of Highway 58, at Indiana extended for the following reasons: 1. 2. 3." Planning Commission 4 MS-08-03/Coors Brewing Company/McDonald FELc CLC ASSOCIATES;INC. September 23, 2008 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, CO 80033-8001 Attn: Meredith Reckert, AICP Dear Meredith: On behalf of Coors Brewing Company and Donald W. MacDonald, please accept this s0mittal package, hereby submitted by CLC Associates, Inc., for the intended subdivision of the lands hereon known as Coors at Clear Creek Filing No. 1. Containing approximately 20.7 acres of land within Section 19, Township 3 South, Range 69 West in Jefferson County, the owners' intent is to subdivide these lands into three (3) lots and one (1) tract. Also attached are the various supporting documents that we believe are generally required to facilitate this submittal, pursuant to the current guidelines that are published on the City of Wheat Ridge website. We hope you will find the submittal package in order. Please feel free to contact us at 303-770-5600 with any questions or comments, or if you require any additional information. Respectfully, CLC ASSOCh Proj On behalf of Coors Brewing Company and Donald W. MacDonald 5450 EAST ORCHARD ROAD • SUITE 2000 • GREENWOOD VILLAGE • CO 5011 1 • P 303 770 5600 • F 303 770 2349 DENVER • PHOENIX • SALT LAKE CITY • SPOKEXHIBIT 1 EXHIBIT 2 +Yt , 7 I - . M.T/11i .'l C' • 1\ AT nMTJ ) Fl A 11. a - COORS/CABEI.A'S ANNEXATION MAP TO THE CITY OF WHEAT RIDGE, STATE OF COLORADO. 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TNrnca%v.LmxNUANMNnYmPEraoweLrNUEESmfmNacaxRNwro3TOmauEranauTaN1%s-YNa eFrmravumrenagNeugt~EetE%R.xmwuLCEaAAnw wmewlo®a®rorccaNmArtNYmuNEAo neeeAreLa®wurtNALaaarxnerNe.Tx.%iet . %INCUMf9NNfIgYMT91111~,W%FA9YNYIBIdEEYr131PNLLlF,RYN%®NA1111ENiE1MAi1fg0NDN:F.x).WN® uourmFaxMDErsowertaiwarrcuECrruPEYarNJeP NwaroLwmYTUxoFinamucmx. . 1NFNNIN®ON1ialHIFNL9G191Nq NdA CENffi9q QYNL%PYfMNP~I'x!J'>"NW PMM W MCpIR16191WE Nq.tlPeargon®mMarcarA4AraoPENfORwrr.AN.vNP IRACMJANW w111MMO~EVRaYB1IKAFQW ro M FAT/INNfDPoIICEPNNOPL6A9tlPMIRAMW WfIIIWTMN/NIL~IIYM. . µaNPAPrtDrozaertmruoeACmrfmArmNMPEVea%FNFanuNlEwabro,Naawrevavgnst.gma rtNawuRexLFLPLOIMIfYmAMOMmlPEalY®W MMA9YGW0rNtxNagYLasrcrWYd, EXHIBIT 4 PAGE 3 OF 3 DATE: 5.01.06 I I •'ZOMIa Pb oFFw•Imnewee, 1 1 - if Po - ~ i5p1 4• ~IIXN - yT- r. Y 'Y,~~t ~1 ~ii / ~ v+~v ,°7•- ~ 1~,.~~~^' ' bsy YU~~ n~r { ~ ty - , e1 3 Yt 7 n l~"1144~i ~k-r m IA A 0.~. 1 J~~' d 3u"s s Mr, ° 4!"ry7 eJ p \ 1 {T i k G4 {l a b yWWSJ f Fy err ' I q; Si , PARAL 6 RS f~ (W. TER STDRA6EJ P' r~~ rfl r - t 'a 1 ~ x i f m 7m, W •P`*yr`~l.y~q x ~nll i v ,~f3 ' , • - ' Qf 7- 7 ~PAF 1~j{' ~ 4{ , ( ,(„r.i~ 15.15,Avie N- [y~clC x a yy ~e J y"~` A t I 1 J Ai r l E 1RRe1W111 II W TMs o R e1 a al Pe u s ! I LAND USE TABLE y~ 1^ b Lt .I a _ suaJ~~' ■ LEGEND 0 PRapaTTYLRfE CAULA MW _ m COM URE rE b CLEAR CFtMK a kY . - CABELA OFM »ripwP/hrna: - I - BUFFER - CONCEPTUAL TRAIL CONRECm _ - - r , a y I`~ ' r PEDEOTFJM F CRM0Rf0 uunnnm - .u l PAN& . AIrA 1/N0ICAPEAIlA of PARC8. 1: I1Xl8 - %.6n T~1u PAPMI 3A5 - I0.Wn tl2 PNWi 3: CABEAS - 9X{ &K PAPla CA89AS 4A T. zft PAA{13.f:f18RAS Ml2m {.UK. - f.CWe9 SAM WA PAW.BT:0IXMI4 %161 3A4 n PAP M&03M 4.43Y.. 81 PAPCfl♦LTOM 15HR 3Xx AFM 10 CM . 1f.15ta 573u TBfALfMa80FmWFS{ 111.71m 27A6 flM3HT-0F{101Y - 11A5¢ ITOTAL 1 CAEELKS OUTLINE DEVELOPMENT PLAN PREPAREDBY: PREPARED FOR ENGMEER w^W nN..^ ^nan.~.i. N~IITl15 Cf51G1V woa,:o . Faaanosf OvirmaK PWi~1l~ggpAdYM N~4'AMi'CrlwCwr 1101 LVNJCM5TF2ET aBFmeeA 124%WE8T=FAMAW 0f91Wn. COI.w" fOSf &ONEY.BBARO POBOX150D - POE: 0935182-1158 RN(ME (9fR?AM - VN OM. W =5 FAY (3091 61-lift FA)L( 183FMRf R M' gq1314100 MRACT: f1W(WRR AIl9 FAY (30f1/3140i3 CR1TACf: OENl118 ANA681pE, MA CWACT:e WUA Pl. O 1 00 S0 I pp Pr ~ I ~ l pyxm.w ~I ~ I 1 1~1 1 F NOR'FN - BCALE; 1'=2dY it 5 9 R.O.W. WATER QRJAUTY POND S' PARKING EVALUATION TABLE REQUIRED SPACES REQUIRED MIN. SIZE PROVIDED SPACES PROVIDED MIN. SIZE CAR - 8.5' x 18' 1,246 8.5' x 18' TRUCK/RV - 1T x 70' 84 12' x 75 HANDICAP 17 85 x 18' WITH V AISLE - -24 _ 5.5' x 18' - WITH 5' AISLE TOTAL 833 - 1,354 - NOME REQUIRED NUMBER OF SPACES BASED ON A SUILOINO SQUARE FOOTAGE OF 185,000 $0. Ff. IANIMAi.37ELTEi DLF~RR CREEC 100 YEAR FLOOD LINE JEFFERSON COUNTY B 0 O I or EASEMENT NORSE CORRAL ? P ! r WATEt Ql1AL1 Y i i i ! P WALL { CARELA'S RETAIL FACILITY P 185,000 SQ. FT. OUTDOOR DISPLAY ANDSAZ8AREA I-70 WALLS 9 ~i '1 n -BP' R.O.W. SIOEWAUK R.O.W. R.O.W. PROPOSED 40TH AVENUE UNDERPASS EXHIBIT 5 mg~quTin~we wxixu'u 1f~N~4YAa gYf04® ~4eJ 4M R f0f pB lcYEltt6! 1161 BYBpI}8bse1 P83R88&1100 F703.BB Mw ww+1n'iidiAn.mm s~ 3 C w E .F. Ps Q~ ~a S p "•5 ~ aw MAY t2006 - JUNE 7. ~g9 JIRY7.20M RBWebn DA IF SITE PLAN Mree1N6m0vI L CABELA'S/ COORS SUBDIVISION FILING NO. 1 A PARCEL OF LAIM SMIATM IN SECTIONS1.1% M 29 d Sa TOWN S. SOUTK MM N WEST OF THE MM PROMPA MOWAAL CITY OF WHEAT REM OOLWTY OF JEPFF t STATE OF OOLORADO SHEET 8 OF 4 1 \ Fs LL\1 Oly \ F I waYe W 1 IlI I \ I I \ ` LOT 9 II \ _ q~11 \ \ S m1r49•sr Ir_1s~.51' \ l2irMOSJB'S1'W 4=15'21'58' ~ \ ' ` ft-M19 CH~1' N.69' L=212.18' m 1:8=W.M'48'W 589.8r31'W d1=211.55' c~ w' L9d/AJ'r!b (aG Iq. K1ePiB) Z=: i 'M, W.SLON.04- a 66® xue r.1w' , I SEE SHEET 4 OF 4 _ 1 IONtlPIF NP~4Pn 16xat ae6e1 nvu llPm { 1 /K N~t.6<fitiml U 1 .9vM llEV1241/NSK4SR NIY , f see•crattir ia+9 ~ 1 XIM. SIM 2IM 4C K d LOT I I LOT 2 ~rvn eNo- vmvnc u•Na (vw6~ u~6x 1MrW3,0'€ 423. 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P ~ q cvc sxaamw rs .wY %6 - f aai or M.r +waFxr /rV E Er rah an svlYfrAl~ ® ~ IUM P E6eM 11/ IYC YMayaM LS •JMe• \ Wt 10 n4Rm t 3 m3xre t XO LOT i W.Ua b _ -mnl uc. M r2Y 1N K R rS wl{ /M IY Lm 2 x I' (SEE SHEET 3 OF 4) I I __TPIDr5o[w.w am. anemsam 1V tl Y QR X 1/1 II W AC R l-1A~ LOT M W .YS1 % r/aP yx'AiflQl Rn s*1-M~k1k aRII~ Iv .rr a.n~nm i., -Loin LOT M ,ate aX w awnaq. LOT s 1BlRXx rML FA9d91r ^ ~ Ok E-.. Ec rLatlTl) _ ~ 8 mrzcEr svtrie Lr I - n aaTxa I G LOT3 - (OT4 18 _ I ~ _ _ IlOI1'08'11' - 59P39'40'E 1751.27' 7.31 _ _ pnH r I XYC - W-y ~ ORNN/~ [X9HI@rT E La Sri 5 ,1c lral c ¢.a.ev ..mes LOT 2 g \ LT.M' aOJYYTaO oa•nwv ree,sxl s \ L~z°p~~a~ 'i"e same. AO 6#:' 1. WTz ~o>~ e.Lmar n - g I _ t EXHIBIT 7 DEVELOPMENT COVENANT AGREEMENT THIS AGREEMENT made this of , by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and (the "Applicant'), together referred to as the "Parties". RECITALS: WHEREAS, The Applicant is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof (the "Property"), commonly known as WHEREAS, on the City of Wheat Ridge, after holding all required public hearings, or granting all administrative approvals as prescribed by the Code of Laws, approved the Final Plat and/or Final Development Plan for the Property titled Copies of the Final Plat and/or Final Development Plan are attached hereto as Exhibit B and Exhibit C, and are incorporated herein. WHEREAS, the parties hereto understand and agree that the intent of this Agreement is to establish the obligations and expectations for development of the Property, and that the Applicant may not be involved with development of the Property, and therefore should not be responsible for such site improvements as shown on the approved Final Development Plan and Final Plat held by the Community Development Department and civil drawings held in the Department of Public Works of the City of Wheat Ridge, herein referred to collectively as the "Final Plans". WHEREAS, the entity who improves the property ("Developer") consistent with the Final Plans may be a successor or assign of the Applicant, and shall be required to comply with all applicable sections of Chapter 26, Articles I I I and IV of the Wheat Ridge Code of Laws. The Developer shall also be responsible to furnish all financial guarantees as determined by the Director of Public Works and the Community Development Director jointly. THEREFORE, in consideration of the mutual promises, covenants and agreements of the parties, the approval of the Final Plans by the City of Wheat Ridge, the dedication of certain land and/or easements to the City and other good and valuable considerations, the parties hereto agree as follows: 1. Intent of Development Covenant Agreement: This Agreement is intended to control the development of the property. The terms of this Development Covenant Agreement shall remain in full force and shall bind the property until such time that the Developer executes a Subdivision Improvement Agreement or Development Covenant Agreement Created on 11/13/2008 1:12:00 PM 1 ATTACHMENT 3 Public Improvement Agreement, whichever is applicable, (herein referred to as "Future Agreement") in preparation of property development. The executed Future Agreement shall replace this Development Covenant Agreement in its entirety and shall bind the Developer to complete all required improvements as shown on the Final Plans as approved by the City of Wheat Ridge Director of Public Works and the Community Development Director jointly. Once a Future Agreement has been approved by the City and recorded with the Jefferson County Clerk and Recorder, this Development Covenant Agreement shall be released. 2. Sale of Property: This Development Covenant Agreement shall prevent the sale of individual lots, or a collection of individual lots which do not equal the total sum of the property as described in Exhibit A until such time that a Subdivision Improvement Agreement or has been executed. This shall not prevent the Applicant from conveying or selling the entirety of the property as legally described on Exhibit A to a third party. 3. Issuance of Building Permits: The City of Wheat Ridge shall not issue any building permits for individual lot(s) until an approved Future Agreement has been executed. Building permits for individual lots may be issued by the City of Wheat Ridge at such time that a Developer has signed and complies with all terms listed in a Future Agreement. 4. Fees Associated with Development of Property: All building permit fees, parkland dedication fees, review fees and security for construction of public improvements shall be paid by the Developer as executor of the Future Agreement. The Applicant shall not be responsible for the payment of such fees, unless the Applicant executes the Future Agreement as the property Developer. The Applicant shall be responsible for all recording fees associated with this Development Covenant Agreement as specified by the Jefferson County Clerk and Recorder. 5. Application for Inclusion in Longs Peak Metropolitan District: A Metropolitan District has been established for the purpose of installing much of the required public improvement needed to service this property, included, but not limited to the construction of Cabela Drive. As such, the Developer is responsible for making application for inclusion within the Longs Peak Metropolitan District (District). The Applicant shall not be responsible for applying for inclusion in the District, unless the Applicant is the Developer or unless required to by another agreement. 6. Improvements to Property: There shall be no site work performed on the property until a signed Future Agreement has been executed and the proper permits have been issued by the City of Wheat Ridge. For these purposes, "site work" is defined as any grading, clearing, excavation or deposition of materials in conjunction with site development consistent with the approved Final Plans. Development Covenant Agreement Created on 11/13/2008 1:12:00 PM 2 Nothing in this paragraph shall prevent the demolition of any existing structures, or the general maintenance of the property, provided proper permits are issued by the City of Wheat Ridge. Dated this day of 120 . City of Wheat Ridge, Colorado, a home rule municipal corporation Timothy Paranto, Director of Public Works APPROVED AS TO FORM: ATTEST: Gerald E. Dahl, City Attorney APPLICANT: Print Name Michael Snow, City Clerk Title Address STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing acknowledged before me this 2007, by Notary My commission expires: day of <seal> Development Covenant Agreement Created on 11/13/2008 1:12:00 PM 3 City of ~`7~Iheat~dge ITEM NO: Z1 REQUEST FOR CITY COUNCIL ACTION M o' COUNCIL MEETING DATE: November 24, 2008 TITLE: COUNCIL BILL NO. 21-2008 - AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL ® PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (11/10/2008) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (11/24/2008) ❑ RESOLUTIONS Quasi-judicial: ❑ YES Director of lic Works ® NO City Mana EXECUTIVE SUMMARY: 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. The Planning Commission will hear the proposed ordinance amendment on November 20 and provide a recommendation to the City Council. 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 on second reading, and that it take effect 15 days after final publication." Or, "I move table indefinitely Council Bill 21-2008 for the Report initiated by: Tim Paranto, Director of Public Works Report reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: following reason(s) 1. Council Bill 21-2008 2. Vicinity Map INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 21-2008 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 8 to 0 on this 10th day of November, 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 Monday, November 24, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29r' 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 ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY I s' publication: November 10, 2008 2nd publication: Wheat Ridge Transcript Effective Date: INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 21-2008 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 1 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 8 to 0 on this 10th day of November, 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 Monday, November 24, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 h Avenue, Wheat Ridge, Colorado. 2 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 ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1" publication: November 10, 2008 2nd publication: Wheat Ridge Transcript Effective Date: i ~ ~r ~mmP€o9~o om W .V o~ C~°m~mn n^'c mE$c Ego 5 N Z ~ E~~ ~ ~~mS$o~E `s~m 55 mA L §RE iu €F,~snE o_°8r~9 orc ~=m d O ~ a~ ~=E~~mm=„ose;o Ema U i8@"e °m8 E^A rEU aY_ U _y~€Uq VOn°_m 8$°PESaY€ ® m ~msms uoEEffl m8g _°5= N N Z W t~ a a w O 1E959 ~ I 8 0 IFS-ZOZw ~ 2w m ao 1 I 30~ ¢o am 99S fOU_¢Q ~N O ~O~ Oz 6099 m - Y X Z W o ¢ O N W D a ~ ~ Z O_ e a LJ U _ °s O W 9E6 U~ 92699 Z F 7 Ls6 M Z O O w¢$ °mw U w I ~Ey I Q 6 b _ U➢ own w ~ W W 11 LL I f 96L99 O I 1 ¢ O 09EL = 6 I O ~b I^. li 1..9Iptli~i ¢rO AZ 3a yll~ Ili ♦ - ~I (l I 1 I lel I{II i, N U O> o LLJ i ~i I~ J m o 0 II ( fill I ` a z 0 0 o h w Z 0, W O£ZL9 - N ( Z } .01 < U~~ w W \ W 2 I ~ 6 t J 1 LL N ~ II sew i,l V O 6 za ~~I v III{ ( zw a< Z U w " ~W _ 9ZLL9 Y Z .a ¢ _ ~i 62989 c ~ c 9 5 D 3 I =~I fiH0H9 v <Y moo 8 f0 ~ LL 0~ 90189 v6 1O~ ¢ W 4 e H l99 ~a O w = ¢ , ' s N I I- OLZ99 Z¢ 0,9 J .v~a~ 09289 w <O, e w S _ 1Of89 m w G O IIl W W W H i £9£89 + O¢ W W O ° l.{ I I~ - I SsaSa Z sT 2 J w YII~ nn.~,,,. .6 J-DOHS 6. a'~~ 6£489 0• a c6 I City of ' WheatRdge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 24, 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 ® ORDINANCES FOR 1sT READING (11/24/2008) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (12/08/2008) ❑ RESOLUTIONS Quasi-judicial: ❑ YES ® NO City Mana 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, December 8, 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 indefinitely Council Bill 20-2008 for the following reason(s): ATTACHMENTS: 1. Proposal from New City America on Community Benefit Districts 2. Council Bill 20-2008 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 1 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 Vlll/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 21 st 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 • 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. 5 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 petlllol is sill all be weight ed based upol l Il he dollar amounI 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. l O.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 tree boundaries are set a weighted majority who desire one are around 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? All property owners in the CBD shall be assessed unless explicitly excluded pursuant to the CBD plan. CBD assessment schedules listing each property in the CBD shall be compiled annually and shall be assessed by the CBD in the manner set forth in the CBD plan. Unpaid assessments shall be a lien on the property for which the assessment is unpaid. The CBD or the city may foreclose on the lien in order to recover the assessment due. The foreclosing party may also recover the administration cost of collection. 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 pisp. cifY " owners to dCler nhie H 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. , _ caLL:_:_.L iiy iiiuluis tale uAp eilaing 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 11 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. 12 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 Authors 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, paving 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 -enterinto 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 13 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 14 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 5017o 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 15 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. 16 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 17 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 regd. California Landscaping 1972 Landscaping, No None (Streets and and Lighting Lighting, Highway Act Minor Capital Code Improvements 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, Cleanu , etc. 18 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, Cleanup, 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 19 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 orstakeholder 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. 6. 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; 20 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; 21 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; 22 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. 23 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; 24 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. 25 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: 1. 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 some 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 h ii died per cent of the special benefit aSSeSSinenIS 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 21 sr 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. 26 Sincerely, Rob Osborn Executive Director Wheat Ridge 2020 27 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. 28 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 29 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 V lllel Col lditiol ls: Area is mixed use and low rise. Only retail and commercial building uses will pay into marketing and promotions budget 30 ATTACHMENT D SAMPLE MAP OF C.B.D. DISTRICT INSERT HERE 31 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 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) 32 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 33 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. 10-16. 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 responsible for payment of at least thirty-five percent (35%) of the -1- ATTACHMENT 2 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 capital projects, improvements, services and activities of the CBD (collectively, "Services"). (2) Identification of how the proposed Services meet a broader goal of one (1) 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 sub area study, or e. 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 and method for the billing and collection of assessments. (6) Policy for any assessment exemptions in the CBD. (7) 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. (8) Proposed plan of implementation of the services described in the petition. (9) 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) The petition shall first be submitted to the city manager for review. The city manager may require the petition to include additional information. (d) Following review by the city manager the petition shall be delivered to the city clerk. Upon receipt of a complete petition, the city clerk shall: -2- (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 sixty (60) days following the clerk's certification of petition completeness. (e) Within forty-five (45) days of the issuance of a certificate of petition completeness, but not less than thirty (30) 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 only 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 each property for the first annual assessment. (f) The ballots shall provide envelopes and mailing instructions that the same shall be returned to the city clerk prior to fifteen (15) days before the scheduled public hearing. The clerk shall summarize the results of the same for introduction into the hearing record. (g) 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. (h) 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 and that approval of the CBD would promote the public purposes of this Article, 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. (i) 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." -3- 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 CBD shall be compiled annually and shall be assessed by the CBD in the manner set forth in the CBD plan. (c) Unpaid assessments shall be a lien on the property for which the assessment is unpaid. The CBD or the city may foreclose on the lien in order to recover the assessment due. The foreclosing party may also recover the administration cost of collection. 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. Any CBD may be 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 or 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 of the same, which notice shall also be mailed to all property owners within the CBD. At the hearing, any person may appear and give evidence and testimony. Following the hearing, the Council shall determine whether the CBD has any -4- 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 two (2) 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 the 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 containsa 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, by which the city shall administer and manage the CBD on behalf of the owners of real property 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 management 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 that portion of the assessments the use of which 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 -5- 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 CBD work plan or in lieu of withholding CBD assessment funds. Sec. 10-22. Amendments to CBD assessment or CBD plan. 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 ll, 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 December 8, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. -6- 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 ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: -7- City of WheatWddge ITEM NO: REQUEST FOR CITY COUNCIL ACTION lei COUNCIL MEETING DATE: November 24, 2008 TITLE: COUNCIL BILL NO. 22-2008 - AN ORDINANCE AMENDING CHAPTER 4, SECTION 14 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, WHICH CONCERNS THE REGULATIONS OF EXOTIC ANIMALS WITHIN THE CITY ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ® ORDINANCES FOR 1sT READING (11/24/2008) ❑ ORDINANCES FOR 2ND READING (12/08/2008) Quasi-judicial: ❑ YES /~its~~s(csn A 4v;& Chief of Police EXECUTIVE SUMMARY: ® NO City Managc~A Staff, in cooperation with the City Attorney's Office, recommends approval of the Exotic Animal Ordinance, as shown in Attachment 1. The typical exotic animal owner has changed over the last few years due to increased education and awareness programs, thereby creating a more responsible owner. Enforcing violations of the exotic animal ordinance in the past has been accomplished by receiving neighborhood complaints. Premise inspections have been obsolete for several years due to the limitations on staff to conduct inspections and the need for such inspection to ensure compliance is negligible. The revised ordinance will provide for the prohibition of any animal considered to be a danger or threat to public safety. The intent of the 1998 municipal exotic animal ordinance was to restrict ownership to responsible households with the expectation that owners would self-report exotic animals being brought to the city. The owner would complete an exotic animal permit application and arrangements would be made to inspect the premises. Upon completion of the inspection, a permit would be issued to the exotic animal owner. Community Services Officers and a member of the Animal Welfare and Control Commission were required to inspect premises annually where exotic animals reside. Beginning in January, 2000, the Police Department's records management system reflects the following statistics regarding exotic animals: a. Ten (10) exotic animal permit applications have been received. b. Five (5) exotic animal premise inspections have been completed. C. Eleven (11) exotic animal permit applications have been cancelled due to the owner relinquishing the animals or the owners moving from the area. With only four (4) Community Services Officers performing three enforcement functions, the City's enforcement resources and capacities are limited. Routine exotic animal premise inspections have not been routinely performed. COMMISSION/BOARD RECOMMENDATION: On November 18, 2008, Staff met with the Animal Welfare and Control Commission at their regularly scheduled meeting. The final draft of the ordinance, as well as the Staff Report and Council Action Form, was reviewed and discussed. The commission approved the ordinance by a vote of 4 to 2 with one member absent. Members of the police department had met previously with the Animal Welfare and Control Commission regarding this ordinance change. At that time, the commission made some recommendations that Staff included in the proposed ordinance: 1. Poisonous animals should include amphibians and arachnids and should be prohibited. 2. Non-poisonous snakes with a weight greater than five (5) pounds should be prohibited. The commission made the following other recommendations that staff did not include in the proposed ordinance: 1. Prohibited animals should be specifically named. Other cities, from existing models, do not feel the need to list each species. The list would be extensive and it would be impossible to determine every animal for the list. 2. The advantage of the permit process is to maintain a list of locations housing exotic animals. Other cities have found that there is no reason to compile such a list, and if a list were to be created, it would require regular maintenance. 3. The ordinance needs to define the term "exotic". Other cities have used the term in a similar way as the proposed ordinance, without any difficulty. 4. The current exotic animal ordinance has been effective, and should not be revised. Staff supports the opinion that the current ordinance is not effective. Limited staff resources have prohibited the inspection process. Better and more effective models are used by other local municipalities. STATEMENT OF THE ISSUES: The term "exotic animal" has been used interchangeably with "wild animal" in laws adopted throughout government and lacks a universal definition. The City's current definition of "exotic animal" is any animal that is not a domestic animal, whether it is a native animal of this state or not (Wheat Ridge Code of Laws, Article I, Sec. 4-14, 1998). Today's society increasingly supports owning exotic animals - everything from corn snakes, turtles, iguanas and lizards can be found in the homes of hobbyists. According to the American Pet Products Manufacturers Association 2005-2006 National Pet Owner's Survey, "the number of reptiles and amphibians being kept as pets in the United States, the world's largest consumer of reptiles, increased by 22% from 2002." Exotic animal owners can be very knowledgeable, taking the time to educate themselves before purchasing an animal. Exotic animals can be alternative household pets and educational programs reduce potential problems. On the other hand, exotic animals can pose a public safety threat when in the care of irresponsible owners. Regulating exotic animals transported into Colorado falls under the jurisdictions of the Division of Wildlife, the Department of Health, and the Department of Agriculture. These agencies have adopted regulations with three main goals: ensuring public health and safety (primarily to prevent spreading diseases to people, domestic pets, livestock, and native wildlife), protecting domestic livestock; and protecting the state's wildlife and wildlife resources. The Colorado Division of Wildlife takes a conservative stance on exotic animal ownership. There are numerous species not allowed as pets and some animals are allowed in captivity with a specific license from the state. The Colorado Department of Agriculture - Animal Industry Division is responsible for animal health and bio-security in Colorado. The Department of Agriculture regulations are also aimed at protecting all animals from cruelty through negligence, overwork, mistreatment, or lack of care. Included in this division is the Pet Animal Care and Facilities Act (35-80-1-1, C.R.S.), which delineates housing, care and treatment of animals. This regulation sets the standards of care for the pet industry in Colorado. Local jurisdictions have dealt with exotic animals through a number of methods. Currently, Arvada, Boulder, Lakewood, and Englewood have stand-alone ordinances prohibiting the ownership of certain exotic animals. The proposed ordinance for the City of Wheat Ridge is based on the model provided by these listed cities. ALTERNATIVES CONSIDERED: 1. Make no change to the current exotic animal ordinance. 2. Approve the proposed exotic animal ordinance as written. FINANCIAL IMPACT: No anticipated financial impact. RECOMMENDED MOTION: "I move to approve Council Bill No. 22-2008, An Ordinance Amending Chapter 4, Section 14 of the Code of Laws of the City Of Wheat Ridge, Which Concerns the Regulations of Exotic Animals within the City on first reading, order it published, public hearing set for Monday, December 8, 2008 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 22-2008, An Ordinance Amending Chapter 4, Section 14 of the Code of Laws of the City Of Wheat Ridge, Which Concerns the Regulations of Exotic Animals within the City, for the Following Reason(s): " Report prepared by: Jim Lorentz, Police Commander Report verified by: Dan Brennan, Chief of Police ATTACHMENTS: 1. Council Bill No. 22-2008 2. Staff Report dated October 13, 2008 City of Wheat -Midge POLICE DEPARTMENT WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Jerry DiTullio and City Council VIA: Randy Young, City Manager Dan Brennan, Chief of Police FROM: Jim Lorentz, Division Commander Support Services Division DATE: October 13, 2008 SUBJECT: Staff Report: Proposed Exotic Animal Ordinance EXECUTIVE SUMMARY: Staff, in cooperation with the City Attorney's Office, recommends approval of the Exotic Animal Ordinance, as shown in Attachment 1. The typical exotic animal owner has changed over the last few years due to increased education and awareness programs, thereby creating a more responsible owner. Enforcing violations of the exotic animal ordinance in the past has been accomplished by receiving neighborhood complaints. Premise inspections have been obsolete for several years due to the limitations on staff to conduct inspections and the need for such inspection to ensure compliance is negligible. The revised ordinance will provide for the prohibition of any animal considered to be a danger or threat to public safety. STATEMENT OF THE ISSUES: The term "exotic animal" has been used interchangeably with "wild animal" in laws adopted throughout government and lacks a universal definition. The City's current definition of "exotic animal" is any animal that is not a domestic animal, whether it is a native animal of this state or not (Wheat Ridge Code of Laws, Article I, Sec. 4-14, 1998). Today's society increasingly supports owning exotic animals - everything from corn snakes, turtles, iguanas and lizards can be found in the homes of hobbyists. According to the American Pet Products Manufacturers Association 2005-2006 National Pet Owner's Survey, "the number of reptiles and amphibians being kept as pets in the United States, the world's largest consumer of reptiles, increased by 22% from 2002." Exotic animal owners can be very knowledgeable, taking the time to educate themselves before purchasing an animal. Exotic animals can be alternative household pets and educational programs reduce potential problems. On the other hand, exotic animals can pose a public safety threat when in the care of irresponsible owners. Regulating exotic animals transported into Colorado falls under the jurisdictions of the Division of Wildlife, the Department of Health, and the Department of Agriculture. These agencies have adopted regulations with three main goals: ensuring public health and safety (primarily to prevent spreading diseases to people, domestic pets, livestock, and native wildlife), protecting ATTACHMENT 1 domestic livestock; and protecting the state's wildlife and wildlife resources. The Colorado Division of Wildlife takes a conservative stance on exotic animal ownership. There are numerous species not allowed as pets and some animals are allowed in captivity with a specific license from the state. The Colorado Department of Agriculture - Animal Industry Division is responsible for animal health and bio-security in Colorado. The Department of Agriculture regulations also are aimed at protecting all animals from cruelty through negligence, overwork, mistreatment, or lack of care. Included in this division is the Pet Animal Care and Facilities Act (35-80-101, C.R.S.), which delineates housing, care and treatment of animals. This regulation sets the standards of care for the pet industry in Colorado. Local jurisdictions have dealt with exotic animals through a number of methods. Currently, Arvada, Boulder, Lakewood, and Englewood have stand-alone ordinances prohibiting the ownership of certain exotic animals. The proposed ordinance for the City of Wheat Ridge is based on the model provided by these listed cities. RELATIVE FACTS: 1. The intent of the 1998 municipal exotic animal ordinance was to restrict ownership to responsible households with the expectation that owners would self-report exotic animals being brought to the city. The owner would complete an exotic animal permit application and arrangements would be made to inspect the premises. Upon completion of the inspection, a permit would be issued to the exotic animal owner. 2. Community Services Officers and a member of the Animal Welfare and Control Commission were required to inspect premises annually where exotic animals reside. 3. Beginning in January, 2000, the Police Department's records management system reflects the following statistics regarding exotic animals: a. Ten (10) exotic animal permit applications have been received. b. Five (5) exotic animal premise inspections have been completed. c. Eleven (11) exotic animal permit applications have been cancelled due to the owner relinquishing the animals or the owners moving from the area. 4. With only four (4) Community Services Officers performing three enforcement functions, the City's enforcement resources and capacities are limited. Routine exotic animal premise inspections have not been routinely performed. 5. Educational efforts by local exotic animal organizations have increased consumer safety and awareness of potential dangers in housing exotic animals. 6. Community Services Officers recognize there are certain exotic animals which pose considerable safety and health concerns to the public because of a volatile and unpredictable disposition. These animals should be prohibited as pets. 7. Responsible owners voluntarily comply with recognized standards of care and have thereby eliminated the need for annual premise inspections. 8. Irresponsible owners have consistently failed to request an exotic animal permit. When Community Services Officers have been contacted with substantiated reports of neglect, cruelty or public safety issues, the Community Services Officers have requested and successfully obtained a municipal court order to remove the animal. BOARD/COMMISSION Members of the police department met with the Animal Welfare and Control Commission regarding this ordinance change. The commission made some recommendations that Staff included in the proposed ordinance: 1. Poisonous animals should include amphibians and arachnids and should be prohibited. 2. Non poisonous snakes with a weight greater than five (5) pounds should be prohibited. The commission made the following other recommendations that staff did not include in the proposed ordinance: 1. Prohibited animals should be specifically named (Other cities from existing models do not feel the need to list each species, the list would be extensive and it would be impossible to determine every animal for the list.) 2. The advantage of the permitting process is maintaining a list of locations housing exotic animals. (Other cities have found that there is no reason to compile such a list and if a list were to be made, it would need regular maintenance.) 3. The ordinance needs to define the term "exotic". (Other cities have used the term in a similar way as the proposed ordinance without any difficulty.) 4. The current exotic animal ordinance has been effective and should not be revised. (Staff supports the opinion that the current ordinance is not effective. Limited resources have prohibited the inspection process. Better and effective models are used by other local municipalities.) ALTERNATIVES CONSIDERED: 1. Make no change to the current exotic animal ordinance. 2. Incorporate recommendations made by the commission to the proposed ordinance that staff did not include as the recommendations were determined to be unnecessary and counter-effective to the model proposed. 3. Approve the proposed exotic animal ordinance as described by staff which includes some recommendations made by the Animal Welfare Commission for the following reasons: a. The typical exotic animal owner has changed over the last few years due to increased education and awareness programs, thereby creating a more responsible owner. b. Enforcing violations of the exotic animal ordinance has been accomplished by receiving neighborhood complaints. c. Premise inspections have been obsolete for several years. d. The ordinance should allow for future trends as household pet trends change. e. The ordinance should allow for prohibition of any animal considered to be a danger or threat to public safety. RECOMMENDATION: The police department recommends City Council provide staff direction regarding the revision of the exotic animal ordinance. Staff recommends approval of Alternative 3 and approval of the revised ordinance. JL:db Attachments: 1) Exotic Animal Ordinance Revised 101308 2) Current Exotic or Wild Animals Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 22 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 4-14 OF THE WHEAT RIDGE CODE OF LAWS PROHIBITING THE KEEPING OF CERTAIN EXOTIC AND WILD ANIMALS WHEREAS, pursuant to its home rule authority under Article XX of the Colorado Constitution and C.R.S. § 31-15-401(1)(m), the City of Wheat Ridge ("City") possesses the authority to regulate and prohibit the keeping of animals within the City; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("Council') previously enacted regulations regulating and prohibiting the keeping of certain exotic and wild animals, such regulations codified as Section 4-14 of the Wheat Ridge Code of Laws ("Code of Laws"); and WHEREAS, the Council has received recommendations from the animal welfare and control commission to make certain amendments to Section 4-14 of the Code of Laws; and WHEREAS, the Council desires to act on the recommendations of the animal welfare and control commission and to amend Section 4-14 of the Code of Laws as set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Section 4-14 of the Code of Laws is hereby amended to read in its entirety as follows: Sec. 4-14. Exotic or wild animals. (a) Prohibited. It shall be unlawful for any person to own, possess, import, offer for sale, sell, keep, maintain, harbor or allow anywhere in the City any of the following prohibited animals, or any animal listed as endangered or threatened by the United States Fish and Wildlife Service: (1) All poisonous snakes, poisonous reptiles, and any other poisonous animal including but not limited to amphibians and arachnids; (2) Nonpoisonous snakes with a weight greater than five (5) pounds; (3) Nonhuman primates; (4) Any species of feline other than ordinary domesticated house cats; ATTACHMENT 2 (5) Bears of any species; (6) All crocodilians; (7) Raccoons, porcupines, skunks, badgers or other like species; (8) Foxes, wolves, coyotes, or other species of canines other than dogs; and (9) Any other animal that is not classified as a domesticated animal. (b) State and federal law. It shall be unlawful for any person to own, possess, import, offer for sale, sell, keep, maintain, harbor or allow in the City any animal in violation of any state or federal statute or regulation. (c) Municipal court determination. Alleged domestication of any prohibited animal shall not affect its status under this section. In the event of uncertainty about whether a particular animal is a prohibited animal, it shall be presumed prohibited until the municipal court determines that the animal is not prohibited pursuant to this section 4-14. (d) Exceptions. The prohibitions of this section shall not apply to any of the following: (1) A publicly or privately owned zoological park; (2) A bona fide state licensed pet shop; (3) A research institution using animals for scientific research; (4) A circus duly authorized to do business in the City; (5) A veterinary hospital operated by a veterinarian currently licensed by the State of Colorado; or (6) Wildlife rehabilitators, falconers, or scientific collection permit holders who are currently licensed by the Colorado Division of Wildlife (e) Potbellied pigs. No potbellied pig, Sus scrofa vittatus, nor any pig purporting to be a potbellied pig, shall be possessed, harbored, kept, maintained or allowed within the City unless the owner thereof complies with the requirements of this Chapter. It shall be unlawful for any owner to fail to comply with the following requirements: (1) No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional potbellied pig may be kept for each one acre of property in excess of the minimum lot size; (2) Every potbellied pig must be neutered or spayed by the age of four (4) months; (3) No potbellied pig may weigh more than one hundred fifty (150) pounds; (4) Penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot; (5) Outdoor enclosures must be kept clean; (6) A potbellied pig kept on residential property shall be kept as a pet for personal enjoyment, and not kept or raised for breeding, sale or human consumption; and (7) All potbellied pigs must wear a harness with identification tags except when on the owner's property. Section 2. 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 3. 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 12008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: Approved As To Form Gerald E. Dahl, City Attorney ♦ City of _WheatRdge ITEM NO: -5, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 24, 2008 TITLE: COUNCIL BILL NO. 23-2008 - AN ORDINANCE REGULATING THE OPERATION OF SECONDHAND DEALERS AND PRECIOUS METAL DEALERS, AND IN CONNECTION THEREWITH, AMENDING ARTICLE VII OF CHAPTER 11 OF THE CODE OF LAWS ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ® ORDINANCES FOR 1sT READING (11/24/2008) ❑ ORDINANCES FOR 2ND READING (12/08/2008) Quasi-judicial: ❑ YES Chief of Police EXECUTIVE SUMMARY: ® NO City Mana In 2006, the Colorado State legislature passed House Bill 06-1380 as a measure to reduce the theft of retail goods. Simply stated, this bill prohibits sellers of used property, also known as secondhand dealers, from selling certain property items without proof of ownership. It also requires sellers to make the proof of ownership available to any peace officer for inspection at any reasonable time. In addition, the municipality is allowed to collect a transaction fee. Failure to comply with these provisions is a class 3 misdemeanor. The City Attorney's office, with input from the police department, has developed an ordinance for secondhand dealers operating in the City of Wheat Ridge. The requirements for secondhand dealers, including the assessment of a transaction fee, are substantially similar to the requirements for pawnbrokers. The primary difference is the reduced hold time for secondhand dealers due to the financial impact that extended hold times have on such businesses. The proposed ordinance includes precious metal dealers in the definition of secondhand dealers, due to the substantially identical requirements placed on such dealers in Colorado Revised Statutes. Though commodity metal dealers are not included at this time, it is noted that the requirements imposed on such businesses in Colorado Revised Statutes closely matches the requirements on pawn shops, secondhand dealers, and precious metal dealers. Secondhand dealers are governed by the Colorado Revised Statutes. They are required to record transaction information and to provide this information to law enforcement on an ongoing basis every three days. They are required to maintain their records and make them available for inspection by law enforcement. Secondhand dealers are required to post specific notices in conspicuous places in their business. Providing false information to a secondhand dealer is a Class One Misdemeanor. The business may be charged criminally for failing to meet the requirements of statute. If the dealer has repeat violations the crime may be a Class Five Felony. Local government may enact ordinances governing secondhand dealers and charge them a fee if they provide such dealers with transaction forms. The City of Wheat Ridge currently has no such ordinances. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Historically, the City of Wheat Ridge and the Wheat Ridge Police Department have not made any efforts to identify or inspect businesses that may be secondhand dealers. Due to a particular investigation of a secondhand dealer in 2006, Wheat Ridge detectives became aware of concerning issues. The specific issues involved the disposal of stolen property through this dealer and their failure to record and report their transactions as required by C.R.S. Detectives developed a form that secondhand dealers could use to record and report their transactions as required by Colorado Law. There was no system to identify secondhand dealers that operate in Wheat Ridge to educate them on their responsibilities under the law. In February 2007, issues involving secondhand dealers were included in a staff report that proposed reinstituting the Pawn Technician position. It was hoped that this position could provide some oversight of secondhand dealers. This position was not approved. hi the fourth quarter of 2007, the Investigations Bureau researched possible secondhand dealers within the City. Upon visits to these identified businesses, it was noted that none of them had the notices posted as required by C.R.S. A letter was sent to secondhand dealers advising them of their obligations under C.R.S. Included in this letter was information taken from C.R.S. and a copy of the approved reporting form. The cities of Denver, Fort Collins, Boulder and Lakewood have enacted local ordinances governing secondhand stores. The police department has reviewed these ordinances and believes a similar ordinance for the City of Wheat Ridge is warranted. Approval of this ordinance is important for the following reasons: 1. Secondhand dealers have legal obligations under C.R.S. to record transaction information, maintain records, provide transaction information to law enforcement, and post notices in their business. 2. The City of Wheat Ridge and the Wheat Ridge Police Department currently do not have any person or program that addresses secondhand dealers due to staffing. 3. There are apparently eight (8) secondhand dealers in Wheat Ridge at this time. None of the dealers are currently complying with existing statutory requirements. 4. Other cities are known to regulate secondhand dealers through local ordinances and some agencies enforce such regulations through their police department. ALTERNATIVES CONSIDERED: 1. Take no actions at this time and make no attempts to educate these businesses or enforce existing C.R.S. requirements. 2. Do not enact or update ordinances but attempt to educate such businesses on their existing requirements under C.R.S. 3. Enact a new ordinance governing secondhand dealers as allowed by the Colorado Revised Statutes that requires compliance with state law. The Police Department recommends City Council approve this alternative. FINANCIAL IMPACT: 1. The assessment of a transaction fee will generate revenue for the City. This transaction fee is recommended to be similar to the current pawn transaction fee. At this time, the number of secondhand dealer transactions that would occur and the revenue that would be generated cannot be determined. 2. The City would be required to provide standardized transaction forms which would result in a nominal cost. "I move to approve Council Bill No. 23-2008, An Ordinance Regulating the Operation of Secondhand Dealers and Precious Metal Dealers, and in Connection Therewith, Amending Article VII of Chapter 11 of the Code of Laws on first reading, order it published, public hearing set for Monday, December 8, 2008 at 7:00 p.m. in the City Council Chambers and that it take effect 15 days after final publication." Or "I move to table indefinitely Council Bill No. 23-2008, An Ordinance Regulating the Operation of Secondhand Dealers and Precious Metal Dealers, and in Connection Therewith, Amending Article VII of Chapter 11 of the Code of Laws, for the following reason(s): 11 Report prepared by: Jim Lorentz, Police Commander Report reviewed by: Dan Brennan, Police Chief ATTACHMENTS: 1. Council Bill 23-2008 2. Staff Report dated October 13, 2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 23-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE REGULATING THE OPERATION OF SECONDHAND DEALERS AND PRECIOUS METAL DEALERS, AND IN CONNECTION THEREWITH, AMENDING ARTICLE VII OF CHAPTER 11 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, possesses the authority pursuant to Article XX of the Colorado Constitution, the City's Home Rule Charter, C.R.S. 31-15-501, 18-13-118 and 18-16-101 to regulate secondhand dealers and precious metal dealers within the City; and WHEREAS, the Council has not previously acted to regulate such businesses; and WHEREAS, the Council finds and determines that illicit traffic in stolen articles is encouraged by the absence of any required record-keeping system by persons purchasing and selling secondhand property and precious metals; and WHEREAS, the Council finds and determines that local law enforcement officials are hindered in the identification and recovery of stolen articles by this lack of required record-keeping; and WHEREAS, the Council further finds and determines that it is necessary and desirable to aid local law enforcement in the discovery and identification of sellers of stolen property and in the identification and recovery of such property by adopting mandatory record-keeping and reporting requirements and by providing a holding period during which time secondhand property and precious metals shall not be disposed of or altered in any manner. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. The Title of Article VII of Chapter 11 of the Code of Laws is hereby amended as follows: ATTACHMENT I ARTICLE VII. PAWNBROKERS SECONDHAND DEALERS AND PRECIOUS METAL DEALERS Section 2. Section 11-170 of the Code of Laws, setting forth definitions for Article VII, is hereby amended by the addition of the following definitions, each to be inserted in alphabetical order: Precious metal articles: Any tangible personal property consisting, in whole or in part, of precious or semiprecious metals or stones, whether solid, plated, or overlaid, including, but not limited to, household goods, jewelry, United States commemorative medals or tokens, and gold and silver bullion. Precious metal dealer. Any person holding himself out to the public as being engaged in the business of buying precious metal articles, including the taking of such articles in full or part satisfaction of a debt, for resale or for sale on consignment, or any person who purchases five or more such articles during any thirty (30) day period. Secondhand dealer. Any person whose principal business is that of engaging in selling or trading secondhand property; any person who sells or trades secondhand property through means commonly known as flea markets or any similar facilities in which secondhand property is offered for sale or trade; any person who sells or trades secondhand property from a nonpermanent location; and any person who purchases for resale any secondhand property which carries a manufacturer or serial number. Secondhand dealer does not include: (1) A person selling or trading secondhand property so long as such property was not originally purchased for resale and so long as such person does not sell or trade secondhand property more than five weekend periods in any one calendar year, as verified by a declaration to be prepared by the seller; (2) A person who is a retailer or wholesaler and who is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer or serial number; (3) A person or organization selling or trading secondhand property at an exhibition or show which is intended to display or advertise a particular commodity or class of products, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows, and recreational vehicle shows; (4) A person or organization which is charitable, nonprofit, recreational, fraternal, or political in nature or which is exempt from taxation pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986," as amended; (5) A person selling or trading firewood, Christmas trees, plants, food products, agricultural products, fungible goods, pets, livestock, or arts and crafts, excluding jewelry and items crafted of gold or silver, if sold or traded by the artist or craftsman, his immediate family or regular employees; (6) A person who sells new goods exclusively, is in the business of selling such goods, is in all respects a retailer of such goods, and holds a retail license and a City sales tax license; or (7) An antique dealer who sells antiques, has a retail license and a City sales tax license, and sells such antiques from a permanent storefront location. Secondhand property: The following items of tangible personal property sold or traded by a secondhand dealer: (1) Cameras, camera lenses, slide or movie projectors, projector screens, flashguns, enlargers, tripods, binoculars, telescopes, and microscopes; (2) Televisions, phonographs, tape recorders, video recorders, radios, tuners, speakers, turntables, amplifiers, record changers, citizens' band broadcasting units and receivers, and video games; (3) Skis, ski poles, ski boots, ski bindings, golf clubs, guns, jewelry, coins, luggage, boots, and furs; (4) Typewriters, adding machines, calculators, computers, portable air conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, and sewing machines; (5) Bicycles, bicycle frames, bicycle derailleur assemblies, bicycle hand brake assemblies, and other bicycle components; and (6) Any item of tangible personal property which is marked with a serial or identification number and the selling price of which is thirty dollars or more, except motor vehicles, off-highway vehicles as defined by C.R.S. § 42-1102(63), as amended, snowmobiles, ranges, stoves, dishwashers, refrigerators, garbage disposals, boats, airplanes, clothes washers, clothes driers, freezers, mobile homes, and nonprecious metal scrap. Section 3. Section 11-171 of the Code of Laws, concerning Article VII license requirements, is hereby amended as follows: Sec. 11-171. Compliance; license required. It is unlawful for any person to engage in the business of pawnbroking except as provided in and authorized by this article and without first having obtained an annually renewable and nontransferable pawnbroker's license issued by the city. It is unlawful for any _person to 11. Section 4. Article VII of Chapter 11 of the Code of Laws is hereby amended by the addition of a new Section 11-194, to read in its entirety as follows: Sec. 11-194. Required acts of secondhand property dealers, precious metal dealers. (a) Records; reporting. Every secondhand dealer and precious metal dealer shall make a record, as provided in subsection (b) of this section, of each sale or trade of secondhand property or precious metal article made by him, his agent, or any person acting on his behalf, which sale or trade equals thirty dollars in value for each item. Such record shall be made available to any peace officer for inspection at any reasonable time. The secondhand dealer or precious metal dealer shall submit such records to the police department in electronic form, or in such other form and number as approved from time to time by the police department, within three (3) days of the date of the sale or trade. The records required by this section shall be maintained by the dealer for at least one year after the date of the sale or trade. (b) Record contents. The record required by this section shall be made in writing on forms provided by the police department and shall contain the following: (1) The name, address, and date of birth of the seller or trader; (2) The date, time, and place of the sale or trade; (3) An accurate and detailed account and description of the item sold or traded, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; (4) The identification number from any of the following forms of identification of the seller or trader: (A) A valid Colorado driver's license; (B) An identification card issued in accordance with C.R.S. § 42-2- 302; (C) A valid driver's license, containing a picture, issued by another state; (D) A military identification card; (E) A valid passport; or (F) An alien registration card. (5) The signature of the seller or trader; (6) The right index fingerprint of the seller or trader; (7) A declaration by the secondhand or precious metal dealer that he is the rightful owner of the subject property and a description of how he obtained the property, including the serial number of such property if available or a copy of the bill of sale of such property; and (8) A declaration by the secondhand or precious metal dealer that he has knowledge of the requirement that he mail or deliver a record of the sale or trade to the police department as required by subsection (a) of this section. (c) Fees. Every secondhand and precious metal dealer shall pay to the city a fee for every transaction form filed pursuant to subsection (b) above. The fee shall be equal to the transaction fee imposed upon pawnbrokers pursuant to Section 11-183(1) of this Code. (d) Posted notice. Except in the case of flea markets and similar facilities as provided in this subsection (c), every secondhand and precious metal dealer shall conspicuously post a notice in a place clearly visible to all buyers and traders which sets forth the provisions of this section and which sets forth the penalties for violating such section and for violating C.R.S. § 18-4-410, concerning theft by receiving. Such notification shall include information to the effect that stolen property may be confiscated by any peace officer and returned to the rightful owner without compensation to the buyer. In the case of flea markets and similar facilities, the operator thereof shall post the notice required by this subsection (c) in such a manner as to be obvious to all persons who enter the flea market or similar facility. (e) Holding period. Every secondhand and precious metal dealer shall hold all property obtained for sale, trade or other disposition for a period of seven (7) days from the acquisition of such property, during which time the property shall be held separate and apart from any other property, shall not be displayed to the public and shall not be changed in form or altered in any way. (f) Record of sales. Every secondhand and precious metal dealer shall keep and preserve records of sales made by him and such other books and accounts as may be necessary to determine the amount of sales tax for the collection of which he is liable. Section 5. Article VII of Chapter 11 of the Code of Laws is hereby amended by the addition of a new Section 11-195, to read in its entirety as follows: Sec. 11-195. Required acts of operators of flea markets and similar facilities. (a) In the case of flea markets and similar facilities in which secondhand property or precious metal articles are offered for sale or trade, the operator thereof shall inform each dealer of the requirements of Section 11-194 and shall provide the forms for recording the information required by said Section. (b) In the case of flea markets and similar facilities in which secondhand property or precious metal articles are offered for sale or trade, the operator thereof shall record the name and address of each dealer operating at the flea market or similar facility and the identification number of such dealer as obtained from any of the forms of identification enumerated in Section 11-194(b)(4) of this Code. Such record shall be mailed or delivered by the operator to the police department within three (3) days of the date the dealer offered property or articles for sale or trade at the flea market or similar facility. A copy of such record shall be retained by the operator for at least one year after such date. Section 6. 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 7. 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: 'I City of l Wheat~dge POLICE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio, and City Council THROUGH: Randy Young, City Manager Daniel G. Brennan, Chief of Police FROM: Jim Lorentz, Division Commander Support Services Division DATE: October 13, 2008 SUBJECT: Staff Report - Proposed Secondhand Dealer Ordinance EXECUTIVE SUMMARY: In 2006, the Colorado State legislature passed House Bill 06-1380 as a measure to reduce the theft of retail goods. Simply stated, this bill prohibits sellers of used property, also known as secondhand dealers, from selling certain property items without proof of ownership. It also requires sellers to make the proof of ownership available to any peace officer for inspection at any reasonable time. In addition, the municipality is allowed to collect a transaction fee. Failure to comply with these provisions is a class 3 misdemeanor. Attached is a draft ordinance developed by Carmen Beery of the City Attorney's office for secondhand dealers operating in the City of Wheat Ridge. The requirements for secondhand dealers, including the assessment of a transaction fee, are substantially similar to the requirements for pawnbrokers. The primary difference is the reduced hold time for secondhand dealers due to the financial impact that extended hold times have on such businesses. The proposed ordinance includes precious metal dealers in the definition of secondhand dealers, due to the substantially identical requirements placed on such dealers in Colorado Revised Statutes. Though commodity metal dealers are not included at this time, it is noted that the requirements imposed on such businesses in Colorado Revised Statutes closely matches the requirements on pawn shops, secondhand dealers, and precious metal dealers. Secondhand dealers are governed by the Colorado Revised Statutes. They are required to record transaction information and to provide this information to law enforcement on an ongoing basis every three days. They are required to maintain their records and make them available for inspection by law enforcement. Secondhand dealers are required to post specific notices in conspicuous places in their business. Providing false information to a second hand dealer is a Class One Misdemeanor. The business may be charged criminally for failing to meet the requirements of statute. If the dealer has repeat violations the crime may be a Class Five Felony. Local government may enact ordinances governing secondhand dealers and charge them a fee if they provide such dealers with transaction forms. The City of Wheat Ridge currently has no such ordinances. ATTACHMENT 2 STATEMENT OF THE ISSUES: Historically, the City of Wheat Ridge and the Wheat Ridge Police Department have not made any efforts to identify or inspect businesses that may be secondhand dealers. Due to a particular investigation of a secondhand dealer in 2006, Wheat Ridge detectives became aware of concerning issues. The specific issues involved the disposal of stolen property through this dealer and their failure to record and report their transactions as required by C.R.S. Detectives developed a form that secondhand dealers could use to record and report their transactions as required by Colorado Law. There was no system to identify secondhand dealers that operate in Wheat Ridge to educate them on their responsibilities under the law. In February 2007, issues involving secondhand dealers were included in a staff report that proposed the recreation of the Pawn Technician position. It was hoped that this position could provide some oversight of secondhand dealers. This position was not approved. In the fourth quarter of 2007, the Investigations Bureau was assigned an intern. The intern used the internet to research possible secondhand dealers within the City. She then did ride-alongs and visited the business to see if they met the definition of secondhand dealer. She identified eight businesses that likely meet the definition of secondhand dealer. She noted that none of these businesses had the notices posted as required by C.R.S. A letter was sent to secondhand dealers advising them of their obligations under C.R.S. Included in this letter was information taken from C.R.S. and a copy of the approved reporting form. The cities of Denver, Fort Collins, Boulder and Lakewood have enacted local ordinances governing secondhand stores. The police department has reviewed these ordinances and believes a similar ordinance for the City of Wheat Ridge is warranted. RELATIVE FACTS: 1. Secondhand dealers have legal obligations under C.R.S. to record transaction information, maintain records, provide transaction information to law enforcement, and post notices in their business. 2. The City of Wheat Ridge does not regulate secondhand dealers by ordinance and does not have any means of easily identifying such businesses. 3. The City of Wheat Ridge and the Wheat Ridge Police Department currently do not have any person or program that addresses secondhand dealers. 4. There are apparently eight (8) secondhand dealers in Wheat Ridge at this time. None of the dealers are currently complying with existing statutory requirements. 5. It is known that one particular secondhand dealer in Wheat Ridge has received stolen property in the past. This business has not reported or obtained required transaction information even after being specifically directed to do so. 6. Other cities are known to regulate secondhand dealers through local ordinances and some agencies enforce such regulations through their police department. FINANCIAL IMPACT: 1. The assessment of a transaction fee will generate revenue for the City. This transaction fee is recommended to be similar to the current pawn transaction fee. At this time, the number of secondhand dealer transactions that would occur and the revenue that would be generated cannot be determined. 2. The City would be required to provide standardized transaction forms which would result in a nominal cost. ALTERNATIVES CONSIDERED: 1. Take no actions at this time and make no attempts to educate these businesses or enforce existing C.R.S. requirements. 2. Do not enact or update ordinances but attempt to educate such businesses on their existing requirements under C.R.S. 3. Enact a new ordinance governing secondhand dealers as allowed by the Colorado Revised Statutes that requires compliance with state law. RECOMMENDATION: The police department recommends that City Council consider enacting a new ordinance as stated above and provide direction to staff to pursue that alternative. ATTACHMENTS: 1. Proposed ordinance regulating the operation of secondhand dealers City of ~N"eatRi e- ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 24, 2008 TITLE: RESOLUTION NO. 61-2008 - A RESOLUTION AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2009 JOINT VENTURE GRANT TO JEFFERSON COUNTY OPEN SPACE FOR THE CONSTRUCTION OF 38TH AND KIPLING PARK ❑ PUBLIC HEARING ❑ ORDINANCES FOR I ST READING (Date: ) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS Quasi-judicial: ❑ YES ® NO 71/1 / 11.1m Par ph Recreation Director CSL7 r' City Manage EXECUTIVE SUMMARY: The Jefferson County Open Space Department has a joint venture program that allows cities to apply for matching funds for new construction or maintenance projects. As part of the requirements for the submittal of the grant application an approved resolution is required by the Jefferson County Open Space Department showing City Council support for the requested project. Funds from the Joint Venture Grant program are awarded annually by Open Space to cities and districts in Jefferson County. A percentage of matching funds is required from the city's attributable share of open space funds to match the grant request. The 2009 recommended joint venture grant application is for construction of the 38a' and Kipling Park. The master plan for this park was approved by City Council on August 25, 2008. N/A STATEMENT OF THE ISSUES: The future park site located at 38 h and Kipling was purchased in 2000. This area of the city is considered underserved for a neighborhood park. A master plan was approved for the park that included input from the neighborhood, the mayor and city council, park and recreation commission and staff. Funds for the park construction are currently appropriated in the Open Space Fund over a three year period. ALTERNATIVES CONSIDERED: To not pass the resolution in support of the grant application and therefore not apply for the grant. FINANCIAL IMPACT: The 2009 Open Space and Conservation Trust Fund budgets appropriations for the project total $1,100,000 based on a phasing plan that will be presented to City Council for consideration and direction at the December 1, 2008 study session. The grant request will be submitted in the range of $250,000 to $300,000. RECOMMENDED MOTION: "I move to approve Resolution No. 61-2008 Authorizing Submittal of the Application for a2009 Joint Venture/Grant Project to Jefferson County Open Space for the Construction of the 38 h and Kipling Park." Or, "I move to table indefinitely Resolution No. 61-2008 for the following reason(s): Report Prepared by: Joyce Manwaring, Parks and Recreation Director Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Resolution 61-2008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 61 Series of 2008 TITLE: A RESOLUTION AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2009 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE FOR THE CONSTRUCTION OF THE 38th AND KIPLING PARK WHEREAS, the voters of Jefferson County voted on November 4, 1980 to allow for maintenance and development of Open Space lands and property within Jefferson County; and WHEREAS, Jefferson County Open Space has instituted a Joint Venture/Grant Project Program; and WHEREAS, the City of Wheat Ridge would like to apply for a Joint Venture/Grant Project with Jefferson County Open Space; NOW THEREFORE, BE IT RESOLVED THAT: The City of Wheat Ridge requests funding from Jefferson County Open Space Joint Venture/Grant Project for the construction of the 38th and Kipling Park. DONE AND RESOLVED THIS 24th day of November, 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 City of ~WheatRdge ITEM NO: 1 , REQUEST FOR CITY COUNCIL ACTION Ilia COUNCIL MEETING DATE: November 24, 2008 TITLE: AWARD ITB-08-32 HVAC SYSTEM UPGRADE/ SENIOR CENTER IN THE TOTAL AMOUNT OF $158,697 TO ENVIRONMENTAL CONTROL SYSTEMS, ENGLEWOOD, COLORADO WITH A TOTAL PROJECT COST NOT TO EXCEED $168,697 ❑ PUBLIC HEARING ® BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: ❑ YES ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) Par d Recreation Director EXECUTIVE SUMMARY: ® NO -x -iax-le3 City Mana r The Wheat Ridge Senior/Community Center was purchased by the City in 1980 and remodeled in 1985. The HVAC system for the south end of the building, including the lobby, offices, computer lab, arts and crafts room, Ketner Room and the pool room, was installed during the remodel and has surpassed its life expectancy. The HVAC system for the north end of the building, which includes Prospect Hall and the Kitchen area, was replaced in 2002. On October 21, four (4) bids were received. All bids were over budget. The scope of work was revised, budget increased and the project was rebid. On November 14, 2008 only one bid was received. Environmental Control Systems submitted a bid in the total amount of $158,697.00. Based on qualifications, experience, references and pricing, staff recommends award to Environmental Control Systems, Englewood, Colorado in the amount of $158,697. COMNHSSION/BOARD RECOMMENDATION: NA STATEMENT OF THE ISSUES: The south end HVAC system is in need of continual maintenance, both in parts and manpower. The air conditioning component of these units is currently not working. Several parts in these units are no longer manufactured and cannot be replaced. Updating and replacing this system is an important operational function of the Senior/Community Center and will provide increased comfort for participants and therefore improve customer service. The newer units will also provide temperature control for individual rooms, increased energy efficiency as well as a reduction in maintenance. The project includes the removal of four packaged rooftop units and replaces these units with the installation of a single rooftop unit. The project also adds zone controls for the southern half of the existing building. ALTERNATIVES CONSIDERED: To not award the contract and therefore not provide air conditioning in the building. FINANCIAL IMPACT: $140,500 was appropriated in the CIP budget, account # 30-610-800-815 for this project. Additional funds are available in the CIP budget to award the contract amount and a contingency of $10,000. This project is receiving CDBG funds in the amount of $50,000, which is part of the original appropriation amount. RECOMMENDED MOTION: "I move to approve the award of ITB-08-32 HVAC System Upgrade/ Senior Center to Environmental Control Systems, Englewood, CO in the total amount of $158,697, and I further move that a contingency amount of $10,000 be approved for a total project cost not-to-exceed $168,697 to be charged to the CIP budget account # 30-610-800-815. Or, "I move to deny the approval of ITB-08-32 HVAC System Upgrade/ Senior Center for the following reasons: " Report Prepared by: Joyce Manwaring, Director of Parks and Recreation Report Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Bid Tabulation Sheet 2. Project Bid from Environmental Control Systems W QZ 20 Q J LL! R] a r LL 0a F- 00 U m N l6 U a n E F -moo c J N M 00 O m H m 0 U E Q O W O W r z W U 0 z LLI T2 a Q a Mc G r } N Q T W O a .-I 0 a 6 co W F- J U U- _a a J ~ G z t cli V) O > j D N w a O > Q W U .U ~ LL U LL r z LLI z w z w Q LL ¢ J D O cl ° w ¢ F-- D O Q Q 0 O O O w W 00 0 0 W J O U J J J J zz a Z) Q LL p O U J Q Z O m m o 0 o O o O p ¢ y z O F- z z w m p w U! z Y z Y z Y > o m m J p z O U Q Q Q 0 a g w z g 0 \.,r City Of ~eat~dge PROJECT NUMBER: ITB-0842 BID DUE DATE: TUESDAY, OCTOBER 21, 2008 BY 2A0 PM OUR CLOCK "HVAC SYSTEM UPGRADE/SENIORCENTER° MANDATORY PRE-BID MEETING: WEDNESDAY, OCTOBER 08, 2008 AT 2:00 PM LOCAL SEALED BIDS MUSF BE MAILED OR DELIVERED TO' City of Wheat Ridge Municipal Building Attention: Linda Trimble, CPPO; CPPB 7500 W 2!P Avenue, Purchasing & Contracting Division Wheat Ridge, Co 80033 FEIN/SSN COMPANY ADDRESS CITY/STATE/ZIP V yam) C2y <f507-Z3 PHONE yCJ'd- /i FAX -t~O3 - TYPED/PRINTED AUTHORIZEDy 4ATURE (Required in ink)_ . _4_,,,4 D TITLE/PRINT !/~~~a7 " EMAIL ADDRESS Ay"6 m yytE~/~n/icgc, can 1, ACKNOWLEDGE RECEIPT OF (state the numbers) /j Z ADDENDA: PLEASE INITIAL (Blmarmnsyocw~bmriouwipupmaHeodeMUnu) - 00 YOU ACCEPT VISA FOR PAYMENT? IT IS THE PREFERRED METHOD DO NOT CONTACT THE REQUESTING; DEPARMENT OR MEMBER OF THE EVALUATION COMMITTEE. Signature. acknowledges that Bidder. has 'read the bid documents thoroughly before submitting a bid; will fulfill the obligations in accordance to the scope of work or specifications, ternis, and conditions, and is submitting without collusion with any other individual or firm. Do not submit more than one bid from your firm or both bids wig be disqualified. Submit bid with authorized signature. POINT OF CONTACT• Linda Trimble, Purchasing Agent, Itrimbie ft wheatridae co s or fax 303-2345924 or 303-235-2811. Do not contact the User Department or the Evaluation Committee. SIGNATURE PAGE SUBMIT WITH YOUR BID , 3 ATTACHMENT 2 IMPORTANT: PLEASE READ ENTIRE DOCUMENT BID FORM ITB-08-:32 RVAC SYSTEM UPGRADE/ SENIOR CENTER. This Is the Proposal (Bid) of N1nt5A_1Vstt ~~rn2oG /Y (hereinafter called "BIDDER") or or zed and existing under the laws of the state of doing business as a la ~6 (Insert "a corporation'!, "a partnership", or "an individual" as applicable.) To the CITY OF WHEAT RIDGE (hereinafter called "Owner"). The undersigned Bidder proposes and agrees, if this Bid is accepted, to. enter into an Agreement with Owner in the form Included in the Contract Bid Documents, to complete all Work as specified or Indicated in the Contract Bid Documents for the Contract Sum and within the Contract time indicated in accordance with the Contract Bid Documents. Bidder accepts all of the terms and conditions of the Instructions to Bidders. The Bid will remain open for sixty days after the day of Bid opening. Bidder will sign the Agreement and submit any documents required by the Contract documents within seven (7) calendar days after notification or the designated date. BY submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to his own organization, that this Bid has been arrived at independently without consultation, or communication' with any competitor. Every bid submitted to the City shall contain a statement certifying that the Bidder has not participated in any collusion or taken any action in restraint of free competitive bidding. This statement shall be in the form of an affidavit provided by the City and included in the Bid Proposal. The Bidders proposal will be rejected If it does not contain the completed Non-collusion Affidavit Bidder agrees to abide by the following federal requirements: Executive Order No. 1.1246 as amended, including specifically, the provisions of the Equal Opportunity Clause, the Immigration Reform and Contract Act of 19136, and the Americans with Disabilities Act of 1991_ . Bidder hereby agrees to commence Work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the Project within THIRTY (30) WORKING DAYS. The Notice to Proceed shall be issued within fourteen (14) days of the execution of the Agreement by the Owner. Should:there be reason why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the light to reject any Bid If the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is property qualified to carry out the obligations of the Agreement Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances,. rules and regulations) and the conditions affecting cost, progress, er: performance of the Work and has made such independent Investigation as Bidder deems necessary. Bidder will complete the Work for all accepted bid items. 11 11/10/2022 16:28 303-234-5924 CITY OF WHEAT RIDGE PAGE 04105 REVISED BID FORM, CONTINUED ITS-08- 32 PRICING SCHEDULE i Provide all materials, labor, and equipment to complete the work as per the specifications, intent to award a single contract to the lowest qualifi6d bidder. Project HVAC SYSTEM UPGRADE/ SEN16R CENTER, PROJECT JG~jV119-VA.117- rAL a4loe0L- 7+~/J7s Name Signature aC- O~Q . Title It is the Owner's ,trxr'; p'0--Cuo-'~ dv-- License / 140 ATTEST: Miclta¢d S 1" CCrR-,M-.,2 Printed Name ADDENDA jy 4" Type Fxpir Ion/r]9ke Bidder acknowledges receipt of the following Addenda: aumn ~551Z 3 SEAL (If bid is by corporation) 11/10/2022 16:26 303-234-5924 CITY OF WHEAT RIDGE PAGE 05/05 REVISED BID SCHEDULE BID SCHEDULE: COMPANY SUBMITTING BID Contractor agrees to perform all the work described in the Bid Documents and Addendums I - 3 for the following unit prices or lump sums, ITEM ESTIMATED NO. PAY ITEM QUANTITY UNIT UNIT PRICE EXTENSION 1 Base Bid / eo Job ffi fV WRITTEN OUT AMOUNT OF THE BASE BID--$ CONTRACTOR CHECK LIST; DID YOU INCLUDE THE FOLLOWING DOCUMENTS WITH YOUR BID? • Signature Page 1, complete sign • , Revised Bid Form and Schedule • list of Subcontractors • Non-Collusion Affidavit • Certificate of Illegal Alien • Bid Bond • Contractor's Qualifications • Acknowledge All Addendums • Detail all Warranties YES NO v SUBMIT VALUE ENGINEERING SUGGESTIONS: LIST OF SUISCONTRACTORS RNDAMOUNT IMPORTANT: THIS FORM MUST BE SUBMITTED AND COMPLETED. IF YOU ARE NOT USING SUB-CONTRACTORS, STATE "NONE°. FAILURE TO SUBMIT A COMPLETED FORM WILL RESULT IN A NON-RESPONSIVE BID. CONTRACTOR'S ORGANIZATION SHALL PERFORM WORK AMOUNTING TO 50% OR MORE OF THE TOTAL CONTRACT COST. NAME TYPE OF WORK AMOUNT % OF WOR K. 7 6,1 7-3 7 1-3. 7 _Zzlhe'L A14. plc 72s7 0 .mss' -T.+/~~.o•~ Z~a-•~ Z, ~~o to CITY OF WHEAT RIDGE. CO CERTIFICATION STATEMENT FOR ILLEGAL ALIENS. COMPLIANCE TO HEI 1343 The Vendor, whose name and signature appear below, certifies and agrees as follows: The Vendor shall comply with the provisions of CRS 8.17.5-101 at seq. 2. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this purchase order or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. 3. The Vendor represents, warrants, and agrees that it has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b)(1). 4. The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or CRS 8-17.5-101 at seq., the City may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge. CERTIFIED and AGREED to this /5 day of N~+//Yr 1200g BID NUMBER: ITS - OB-3~1Z FIRM: y~iQON/YaE.y~xJC oiY ~,~Nc . Authorized Print Name: 00. !nc Print Title: J%642~;~C~ Date: 6/ 1~J ~7 l - Attestation: (A, corporate attestation is required.) BY: P. C rporate Secret ry or Equfv en Place corporate seal here, if applicable" VENDOR MUST COMPLETE AND SUBMIT THIS CORM TO THE PURCHASING AND CONTRACTING OFFICE NON=COLLUSION AFFIDAVIT ITB-00-32 HVAC SYSTEM UPGRADE( SENIOR CENTER STATE OF: ~e9cp D - COUnNTY OF:iuv.E2 of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the Bidder to submit the attached bid. Affidavit further states that the Bidder has not been a party of any collusion among Bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or any Federal, State or Municipal official or employees as to quantity, quality, or price in the prospective Contract, or any other items of said,prospective Contract; or in any discussions between bidders and any Federal, State or Municipal official conceming exchange of money or other thing of value for. eaaI consideration in the letting of a Contract. tVA/ME/~ :.:~~~nPj'+f~tlT Ff' ~ l~/.20Nsri~n.»-~rL ~nll,LfJG~~/I~S TITLE -4h Subscribed and svrom to before me this IS day of..- Iyt~J2 ~'l~rr 200; ,N DA/vj' NOTARY PUBLIC SIGNATURE f 410 0 BID BOND FORM KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Environmental Control Systems Inc. 1270 So Lioan St Denver CO 80223 (name and address of Contractor) as Principal, and 5300 DTC Greenwwd Contractors Bonding and Insurance Company Pa y,Sliba90 CO 80111 (name and address of surety) as Surety, are hereby heid and firmly bound unto the City of Wheat Ridge as Owner in the penal sum of Five Percent of Amount Bid (5% ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. Signed this 13th day of November, 2008 The condition of the above obligation is such that whereas the Principal has submitted to the City of Wheat Ridge a certain BID, attached hereto and hereby made a part hereof, to enter a contract In writing for the Project titled ITB-08-32, HVAC System Upgrade / Senior Center. NOW, THEREFORE, (a) if said Bid shall be rejected or, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (property completed in accordance with the said Bid) and shall furnish a Bond for his faithful performance of said Contract, and for the payment for all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid. Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seats, and such of them as are corporations have caused their corporate seals to be hero thxed and these presents to be signed by their proper officers, the day and year first set forth above By. E ironmental Conte trolrSys s, Inc. (surety) By, Vera T. Kalba Attorney-in Fact IMPORTANT, Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 670 as amended) and be authorized to transact business in the State where the project is located. NOW To Ouabty Attention Linda Trimble Delivery of the base bid roof top unit (Carrier) is 6-weeks from order date. Warranty on the base bid unit is as follows: • One year on parts a Five years on compressor • l0 Years on the heat exchanger ENVIRONMENTAL CONTROL SYSTEMS MECHANICAL CONSTRUCTION P.O. Box 1465, Englewood, CO 80160 1270 South Upan, Denver, CO 80223 (303) 744-2188 . FAX 744.0037 CONTRACTOR QUALIFICATION 178.08-07 The fotiowing.information is considered the minimum required to evaluate the qualifications of contractors intending to work on projects for the City of Wheat Ridge. Any. additional information the contractor feels is pertinent, or which clarifies items below, is welcome and may be,attached. The City will. contain previous clients and references as a part of the evaluation process, thus, letters of reference may shorteq the evaluation period 0 they areattached to this form. Name Address: /x-70 State OOMMIIMM~~ Zip: OZZ3 Phone: a~3-7'';ZL:2/C~;6 Principal in Type of Business Organization: Sate Proprietorship r/ Corporation Partnership/~rr__ Limited Partnership State In. Which Incorporated t,.mf~ Joint Venture Nameyppsition, and address of contact person regarding this form: /Z. .Number of years your firm has done business undercurrent name: Previous firm names and/or partnerships or firms you have had any Interest In, and number of years of each name: Attach a list of all major projects in which you have been involved during the last two (2) years: For each project; indicate the following: Original contract bid amount a,;E 4QW, Owner (address, telephone, and contact) Project description Litigation or claims related to each project State nature of daimi the parties, the dollar value, the status and outcome including the value of any judgement or settlement Your position or capacity on the project Namb, address and phone number of reference person. List.major equipment, faclifies, number and type of employees available for City contract work A4 Ac a2e W a+ o State lye of work Parma done: by your forces, and work you normally subcontract Have you ever terminated or abandoned'any work prior to completion or had work completed by others? Yes No %W If so, describe the situation. Have any bonds been plied on any of your projects? Yes No Has your firm, or any firm you have had any interest in, ever glen debarred or prohibited from contract work with any govemmentor private-Institution? Yes - No If so, describe-the situation. The City staff will evaluate all qualification Farms. The evaluation will include the following: Verification of statements and information provided; Ability to perform work of similar nature; Financial.stabifity and capability; Any pattern of controversy, poor management, delayed clalms, late completion, Inferior workmanship, or other undesirable characteristics. This qualified contractors fist is not Intended to restrict competition. The intent Is to protect the City's legitimate interests by ensuring that contractors and subcontractors are competent, capable of quality work, and financially, able to complete the work they are awarded. ACURD CERTIFICATE OF LIABILITY INSURANCE 012i2008- PRODUCER (303) 624-6600 FAX: (303) 370-0118 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UPON THE CERTIFICATE NO RIGHTS ' ONLY AND CONFERS Moody Insurance Agency, Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR - ALTER THE COVERAGE AFFORDED BY THE POLICI,.S BELOW. 3773 Cherry Creek North Drive Suite 800 - - - Denver - CO 80209-3804 INSURERS AFFORDING COVERAGE NAIC# INSURED INS.,, Continental Western Ina 10804 Environmental Control Systems, Inc. INSURER B: pi.nna001 Assurance 41190 South Lipan Street 1270 INSURERC:- . _ INSURER D: Denver CO 60223 INSURERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING A TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, REQUIREMENT , THE INSURANCE' AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. REG ~TE LIMITS SHOWN MAY HAVE SET REIN ICEP CLUI INSR D01 PALICYEPFECTIVE POUCYSXPIRATION - LIMITS ' - ' TYPEOFINSURANCE POLICYNUMRE0. DATEIMMUDUTM DATErMWDI)fffl GENERAL LIABILITY C CURRENCE S 1,000,000 X COMMERCIAL GENERAL LIASIUTY - p~Ri`IGES ~omD E 100,000 A C ❑X CWP2681097 4/30/2006 4/30/2009 MED Fx[+An one ine- E' -5,000 CLAIMS MADE UR OC - PER NAL&A NJU S- 11000,000 ' - ER L TT t 2,000,000 N APPLIES PER LAGGREGATE U TT R DUCTS-CODA PIC P GG E 2 000,000 : GE M p . p pp POLICY, R JECT Inc' AUT OMOBILE LIABILITY - COMBINEOSINGLELIMIT S. 1,000,000 X (Ea ecdden0 A ANYAUTO ALL OVYNEO AUTOS CWP2681097 - 4/30/2008 4130/2009 BODLY INJURY $ (Perpareel4 SCHEDULEOAUTOS HIREDAUTOS - - BODILY INJURY $ (Peraw7den0 - - NONOWNEDAUTOS . PROPERTY DAMAGE - - S Werecdden0 GMGE LIABILITY AUTO ONLY -EAACCIDENT S OTHER THAN MACC S ANYAUTO AUTO ONLY: AGO . EXCESSNMBRELLA LIABILITY EACH OCCURRENCE 0 E 5,000,00 - 000 5 000 S MADE R L F 1 AGGREGATE . , , S OCCUR AIM C _ E A c0269109e - 4/30/2008 4/30/2009 E DEDUCTIBLE R $ WORRERSCOMPENSAMONAND EMPLOYERS'LIABILITY - EL EACH ACCIDENT E S,DOO, 00 ANY PROPRIETORIPARTNEIUEXECUTIVE OFFICERIMEMSER EXCLUDED? - - 3287581 10/1/2008 10/1/2009 E.LDISEASE-EA EMP 1,000,090 - Hyes,desoibeunder - EL DISEASE-POLICY LIMB 1 000 000 PECIAL be ex OTHER - DESCRIPTION OF OPEMTIONSILOCATIONSNEHICLEMCLOSIONS AWED BY IIENDORSEMENTISPECUIL PROVISIONS - - ailcellatio of ti 'A 10-d li i c ay no ce c es. This 'certificate is subject to the terms-, -conditions, and exclusions of the po will apply in the event of non-payment of premium. - CERTIFICATE HOLDER CANCELLATION (303) 234-5924 - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Wheat Ridge EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 7500 W. 29th Ave 30 DAVE WRITEN NDBCE TO THE CERTIFICATE HOLDER MEgD TO THE LEFT;BUT' Wheat Ridge, CO 80033-8001 - FAILURE TO W GO SHALL IMPOSE NO OBLIGATION OR LIABUJT'( OF ANY RIND UPON THE INSURE ITS AGENTSOR REPRESENTATIVES. AUTHDRDEDREPRESENTAME N Eggink, IARM, CRIS/N ` i I I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the'policyoes) must be endorsed. A statement on this certificate does.not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this Certificate does not confer rights to the certificate holder in lieu of such DISCLAIMER The Certificate of Insurance on the reverse side of this form does not oonsMute a contract between the issuing insurer(s), authored representative or producer, and the certificate'holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. - i Carnmitrw# To OuaGty CATEGORY: JOBS In Progress or completed in the last two years as of 10/2112008 Page 2 JOB NAME GENERAL CONTRACTOR Architect AMOUNT CPERCEN OMPLETE Windsor Gardens ASR Companies Zeiler- 175,606 .100% New Maintenance 12540 West Cedar Drive Pennock Facility Lakewood, CO 80228 Eric Kendall 303-570-5895 Brighton Lifelong Pinkard Construction Burkett Design 1,285,092 90% Learning and 9195 W. Uh Ave. Resource Center Lakewood, CO 80215 Jack Quandt 303-345-2854 Dakota Ridge Brown & Schrepferman Klipp 1,475,448 85%a High School 2380 S. Tejon Street Architecture Addition and Englewood, CO 80110 Alterations John Stjernholm 303-935-2475 The Steel Building Milender White Construction Klipp 755,126 95% Historic Building 13050W. 431' Drive Architecture Remodel Golden, CO 80403 Todd Piccone. 303-534-9312 Boulder High School Pinkard Construction Klipp Architecture 1,358,758 70% Remodel and 9195 W. a Ave. NewAddition Lakewood, CO 80215 Erik Brandon 303-345-2826 Boulder County Open Boulder County Boulder County 76,540 40%, Space Transportation 202013'" St. Architects Division CentersAddition Boulder, CO 80302 , David Hershman . 303-434-4835 ENVIRONMENTAL CONTROL SYSTEMS. MECHANICAL CONSTRUCTION - P.O. Box 1465, Englewood, CO 80150 1270 South Wan, Denver,.CO 80223 _ CATEGORY: JOBSIn progress or completed in the last two years as of "1 0/2112008 Page One AMOUNT P JOB NAME GENERAL CONTRACTOR Architect ERCE COMPL Boulder County Boulder County Boulder County ' Sheriffs New 2020 13" St. s Architect Communication Center Boulder, CO 80302 Division David Hershman 303-434-4835 Pepsi Center - Kroenke Sports Enterprises ECS Air Conditioning for 1000 Chopper Circle Telephone Equipment Denver, CO 80204 Room John Venette - Building Eng. 303-901-4309 Chiller Replacement - Whispering Pines West HOA ECS Whispering Pines 7693 E. Quincy Ave. Denver, CO 80237 Paul Black 720-317-4843 Evergreen Pinkard'Construction Jeselnick 'Country Day 9195,W. 6 Ave. Architecture School Lakewood, CO 80215 Mike Code 303-345-2822 North Metro Fire and Pinkard Construction G2 Solutions Rescue District 9195 W. 6hAve. Group Training Facility Lakewood, CO 80215 Erik Brandon 303-345-2826 1,007,218 100% 18,475 100% 165,500 100% 983,096 100% 1,014,950 99% ENVIRONMENTAL CONTROL SYSTEMS MECHANICAL CONSTRUCTION, P.O. 8 ox 1465, Englewood, CO 80150 • 1270 South Lipan, Denver, 00 80223 . ENVIRONMENTAL CONTROL SYSTEMS, INC. FINANCIAL STATEMENTS For the Period Ended July 31, 2008 ENvIRONMENTAL"CONTROL SYSTEMS BALANCE SHEET For the Period Ended July 31, 2008 Current Assets Cash A/R Current A/R Retainage Accounts Receivable - Employees Accounts Receivable - Officer Accounts Receivable - BTS Allowance For Bad Debt Accounts Receviable-Net Inventory Corp Income Tax Payable Deferred Tax Asset Costs in Excess of Billings Total Current Assets Property And Equipment Construction 'Tools & Equipment Vehicles Office Furniture & Equipment Leasehold Improvements Accumulated Depreciation Net Property and Equipment other Assets DUE TO BTS Total.Other Assets Total Assets $ 11,2.95.19 1,352,206.32 433,580.86 221.90 15,139.32 90, 907.88 $ 1,892,056.28 $ (25 000.00) $ 1 867.056.28 $ 78,743.76 (19.00) (10,716.0,.0) . 91 366.94 $ 2,037,727.17 $ 209,389.55 451,155.60 196,440.16 259 714.29. $ 1,116,699.60 $ (928 733.96) $ 187,965.64 $ -76,192.73 $ 76,192.73 $ 2,301,885.54 EN,IRONMENTAL CONTROL SYSTEMS BALANCE ,SHEET For the Period Ended July 31, 2008 Current Liabilities A/P - Current , $ 415,244.91 A/P - Subcontractor Retainage 16,601.11 A/P - Building Technology 18,550.82 A/P.- Officer 70.000.00 Total Accounts Payable $ 520,396.84 Expedition Loan.- Key Bank Accrued Wages & Bonuses 6,.552.12 Payroll Taxes Payable 16,007.36 Other Accrued Liabilities 8,838.75 in Excess of Costs Billi 367.167.33 ngs Total Current.Liabilities $ 918,962.40 bilities Li t a erm Long Total Long Term Liabilities Total Liabilities $ 918,962.40 Stockholders Equity Common Stock $ 4,000.00 Additional Paid in Capital 18,000.00 Retained Earnings 1,055,824.49 Net Income 305.098.65 Total Stockholders Equity $ 1,382,923.14 Total Liabilities and Equity $ 2 301 885.54 City of ~WheatRdge ITEM NO: REQUEST FOR CITY COUNCIL ACTION 8 COUNCIL MEETING DATE: November 24, 2008 TITLE: AWARD PANASONIC COMPUTER NOTEBOOKS TO PORTABLE COMPUTER SYSTEMS IN THE TOTAL AMOUNT OF $38,757.50 ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date:---) ® BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Deputy City Manager ' 6( City Manager EXECUTIVE SUMMARY: The City currently has thirty patrol vehicles and each has a Mobile Data Computer (MDC) that is linked to the Police Department via a secured wireless connection. These computers allow the patrol officers to stay in the field longer, gather data, and fill out their reports without having to drive back to the station. With the reliance on technology, the MDC needs to be reliable and stay current with standard technologies. The upgrade often (10) MDC's is a budgeted fourth phase implementation that is required to provide reliability and speed of computing to the officers in the field. On November 17, 2008 the Purchasing and Contracting Division approved the use of a national cooperative bid (National IPA) to purchase Panasonic Toughbooks. A quote was obtained from Portable Computer Systems, Golden, CO in the total amount of $3,8750.00 per unit. This price was compared to previous bids and is competitive. Staff recommends award to Portable Computer Systems for ten (10) units in the total amount of $38,757.50. None STATEMENT OF THE ISSUES: The scheduled and budgeted procurement of replacement Mobile Data Computers for the patrol cars. ALTERNATIVES CONSIDERED: No replacement at this time. FINANCIAL IMPACT: Staff recommends the procurement of the replacement Panasonic Mobile Data Terminals in the amount of $38,757.50. This will improve the availability and reliability ofthe computers for our thirty patrol vehicles. This is part of the Information Technology plan to provide better service for the Police Department. These funds are budgeted in the 2008 budget. RECOMMENDED MOTION: "I move to award Panasonic Computer Notebooks to Portable Computer Systems, Golden, CO in the amount of $38,757.50." Or, "I move to deny award of Panasonic Computer Notebooks to Portable Computer Systems, Golden, CO for the following reason(s) " Report Prepared by: Michael Steinke, IT Manager Reviewed by: Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Quote porto blecomputersystems to retly m*bit& Corporate Headquarters 1200 W Mississippi Ave Denver, CO 80223 Email: salesdoortabiecomuutersvstems.com Customer: City of Wheat Ridge 7500 West 29th Avenue Accounts Payable Wheat Ridge, CO 80033-8001 Quotation Quote QT-807/1 for: City of Wheat Ridge Page 1 of 2 Print Date 11/17/2008 Quote Valid Date 12/10/2008 10:20 am Inside Sales Rep: Brian Elliott Email: briane@iportablecomputersystems.com Phone: 303-552-3976 Fax: Salesperson: Steve Burke Email: steveb@portablecomputeraystems.com Quote Created By: Brian Elliott 1 CF-WRBA502G 2GB Memo for 19/30 10 269.1 2691 2 CF-SVCLTNF3Y PANASONIC TOUGHBOOK PROTECRON PLUS 3 YEARS 10 250 2500 3 CF-30F3SAQAM Core Duo,XP,1GB,80GB,13.3"No- 10 3356.65 33566.5 Tch BT Gob1,S1ngTe,802.1Ia/tttg Quote ¢38757.50 Sub Total Quote $0.00 Discount Amount Quote $38757.50 Total Notes www.partablecomputeraystems.com Page 1 ATTACHMENT1 ports blecom putersystems totally mobile Quote QT-807/1 for: City of Wheat Ridge Page 2 of 2 Insert static text Portable Computer Systems, Inc. Standard Reseller. Terms and Conditions 1. Contract Tetras. These Terms and Conditions are attached to and made a part of a "Quote" for resale of products ("Products") provided by Portable Computer Systems, Inc. ("PCS") to the buyer named therein ("Buyer"); and all further references herein to "this Agreement" mean the Quote, including these Terrors and Conditions. Upon acceptance of this Agreement by Buyer, the provisions of this Agreement constitute a binding contract between PCS and Buyer. This Agreement shall be accepted by Buyer upon either receipt from Buyer of any written communication confirming this Agreement or acceptance by Buyer of Products shipped by PCS pursuant to this Agreement. This Agreement supersedes all prior communications relating to the Products covered by this Agreement, and any contrary or supplemental provisions in any Buyer purchase order or other communication from Buyer are specifically rejected. 2. Payment. Payment for the Products shall be in US dollars as stated in this Agreement. Unless stated otherwise, prices stated in this Agreement do not include any state or local sale, use or other taxes or assessments or freight charges (beyond delivery by PCS to common carrier), all of which shall be paid by Buyer. A service charge of 1.5% per month will be charged on all past due balances and will be due on demand. All PCS costs of collection, including reasonable attorney's fees, shall be paid by Buyer. Buyer grants PCS a security interest (and the right to file UCC financing statements) in the Products to secure payment of all amounts due. If Buyer fails to make any payment when due, PCS shall have the right to revoke any credit extended, regarding the Products or otherwise, to delay or cancel any or all future deliveries without liability to Buyer. The obligation of PCS to deliver Products shall terminate without notice upon filing of any bankruptcy proceeding by or against Buyer or appointment of any trustee for Buyer or any of its assets. Under no circumstances may Buyer set off against amounts due PCS pursuant to this Agreement any claim Buyer may have against PCS for any reason. 3. Shipment Delivery of all Products shall be F.O.B. place of shipment by or for PCS, unless otherwise agreed in writing. PCS reserves the right to select the means of shipment, point of shipment and routing. Delivery will be deemed complete upon transfer of possession of Products to common carrier as described above, whereupon all risk of loss, damage or destruction to the Products shall pass to Buyer. 4. Acceptance of Products: Returns. All Products shall be deemed accepted by Buyer unless Buyer notifies PCS in writing within seven (7) calendar days of receipt of Products of any short shipment, wrong-product shipment, damaged Products or similar discrepancies. Once accepted by Buyer, Products may be returned only with authorization from PCS, in the sole discretion of PCS; and in no case will returns be considered more than thirty (30) days after delivery to Buyer. If accepted for return Products will be subject to a 20% restocking fee. 5. Warranties. PCS makes no representation with regard to Products of any kind or nature, express or implied, including any warranty of merchantability or fitness for a particular purposes, or usage of trade. Products are covered by manufacturer's warranty only. Copies of manufacturer's warranty will be provided to Buyer upon written request. PCS assigns to Buyer all warranties on the Products accepted by Buyer; and PCS shall have no obligation relating to processing claims thereunder, though PCS may assist Buyer therewith at the sole option of PCS. 6. Limitation on Liability. In no event shall PCS be liable for any claims for loss of use, revenue, profit or customer, or any direct, indirect, special, incidental or consequential damages of any kind or nature arising out of, or connected with the Products, the use thereof, or the sale thereof by PCS to Buyer. Further, Buyer agrees to indemnify and defend PCS from any such claims. 7. Force Majeum. PCS shall no be liable for any delay or failure to perform any obligation of PCS under this Agreement that is caused by events of force majeure, including without limitation strikes, riots, cutial4es, acts of God, war, governmental action or other cause beyond the reasonable control of PCS. 8. Miscellaneous. This Agreement constitutes the entire agreement between PCS and Buyer regarding the Products, and may not be modified except by written agreement signed by the party to be charged with the modification. Buyer's rights under this Agreement may not be assigned without the written consent of PCS. If any provision of this Agreement shall become invalid or illegal under any provision of applicable law, the remainder of this Agreement shall not be affected. This Agreement shall be binding upon bah PCS and Buyer, and their respective successors and assigns.'This Agreement shall be interpreted in accordance with the internal laws of the State of Colorado. Page 2 www.portablecomputersystems.com .ui City of ~WheatRdge ITEM NO: 91 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 24, 2008 TITLE: ELECTION OF MAYOR PRO TEM ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: ) ® BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No City Attorney C7f7td - City Manr EXECUTIVE SUMMARY: Per the City Council Rules of Order and Procedures, at the first or second business meeting in November of each year, the Council shall nominate by paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor is elected. Councilmember Mike Stites currently serves as Mayor Pro Tem. None STATEMENT OF THE ISSUES: The Mayor Pro Tem's duties shall include reviewing and setting the Agenda on Wednesday prior to Council Meetings and determination of emergency items at Council Meetings. The Mayor Pro Tem shall have the authority to pull any item off the Agenda with the exception of an item placed on the Agenda by two (2) Councilmembers. The Mayor Pro Tem shall arrange for, and coordinate the orientation of all newly elected officials within two months after the election. In the absence of the Mayor, the Mayor Pro Tem shall preside over the meetings of the Council. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: None "I move to elect upon election of their successor." Or, "I move to deny the election of reason(s) Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments: as Mayor Pro Tem effective immediately, term to expire as Mayor Pro Tem for the following None City of OFFICE OF OFFICE OF THE MAYOR Memorandum TO: City Council FROM: Jerry DiTullio, Mayor CC: WR2020 Executive Committee WR2020 Board Member Kim Calomino Jerry Dahl, City Attorney Janice Smothers, Assistant to the Mayor and City Council DATE November 21, 2008 SUBJECT: City of Wheat Ridge, WR2020 and the Elephant in the Room (Part 2) In the best interest of the City, I strongly believe it is my duty as Mayor and as an ex-officio member of WR2020 to bring this information forward to City Council and the community. The City Manager has distributed a memo (dated 11/3/2008) to City Council recommending more spending of taxpayer money to "study and assess" the Wheat Ridge Building Department. I have always considered WR2020 a consultant to the City. Attached to this memo are numerous recommendations from WR2020 staff to the City Manager concerning the Wheat Ridge zoning/building codes and permit fees. These recommendations have not been addressed by the City Manager and have not been distributed to City Council for perusal or possible policy changes. If the City Council feels the need to pursue further assessment of the Wheat Ridge Building Department, I would recommend that WR2020 take the lead on the assessment and pay for the costs since WR2020 has already begun the process. I have discussed this assessment option with the WR2020 Board President and Council Member Sang. WR2020 Board President Kevin Hood states via email dated 11/20/2008: "WR2020 believes that a reasonably comprehensive study of the Building Department is necessary to ensure Wheat Ridge is as competitive as possible with its surrounding communities and redevelopment processes in the City are as efficient and effective as possible. WR2020 is conditionally supportive, depending on the final study scope, of providing resources for this potential project in the form of... 1. Selection processes associated with employing necessary outside consulting services in coordination with the City. 2. A portion of the financing necessary to accomplish the study whether they be required for consultants or other services. 3. Identifying vested and informed members of WR2020 or others inside and/or outside of Wheat Ridge who could contribute to providing diverse input to ensure the broadest possible support and buy-in for any recommendations related to study outcomes. 4. Partnered effort with City Staff, WR2020 Staff and Council to define the objectives related to the study. It's my understanding that you will use this information in a packet you will provide to Council, Mr. Young (and other City Staff perhaps), the WR2020 Executive Committee and Kim Calomino (WR2020 Board Member) in an effort to promote support for a Study of the Building Department" Council Member Sang and I believe that WR2020 would be a logical choice to perform the assessment. Please feel free to call us with questions or concerns. Thank you. 2 From: Rob Osborn [malito:rosborn@wheatridge2020.org] Sent: Monday, April 14, 2008 12:39 PM TO: Denise Balkas; Patrick Goff; Ken Johnstone Subject: 44th & Wadsworth Development PMUD Zoning Meeting Memo The following represents a summary of discussions from a recent meeting held to determine options related to the redevelopment of the 44`" and Wadsworth site and the Wadsworth Corridor. HISTORY: WR2020 and the WRURA have been working with the City to promote a redevelopment of 44'" and Wadsworth properties. The City has conducted a sub area study of the area identifying a desire to implement mixed use development concepts. Additionally, the City adopted the Neighborhood Revitalization Strategy (NRS) which recommends significant regulatory changes on this corridor to promote redevelopment within the City. On April 9, 2008, WR2020 and City Staff met to discuss the process of rezoning properties associated with, and adjacent to, the 44" and Wadsworth Redevelopment site. These options were discussed to promote the redevelopment of the WRURA site located at 44d'and Wadsworth, and to achieve a larger visionary opportunity for redevelopment in that area. The parties discussed two options related to rezoning. 1. Rezone the WRURA site and work with adjacent property owners to rezone their sites to Planned Mixed Use Development (PMUD). 2. Consider the development of a new zoning district for the Wadsworth Corridor that will enable WRURA and individual property owners to implement mixed use development along the corridor, independently of each other. PLANNED MIXED USE DEVELOPMENT: The City currently has a land development process identified as Planned Mixed Use Development District (PMUD). PMUD allows a developer, property owner, or group of property owners to present a proposed development plan to the City that identifies mixed uses on a property or series of properties. There is a requirement to submit an Outline Development Plan (ODP) for such a proposal to the city for consideration. This plan provides a general description of the development proposal. Upon consideration and approval of the ODP by City Staff, a Final Development Plan (FDP) is required. The FDP requires significant information and will act as the final plan for City approval. Discussion was held to the merits of a large scale regional PMUD rezoning request. It was identified that the current process allows for multiple property owners to engage in a PMUD rezoning. It was also identified that the current process will require all participating property owners to agree to any proposed amendments or modifications to the final development plan, if an individual property owner may desire to change a development concept on their respective property. It was agreed that this standard is very restrictive in application and perhaps will make the large scale regional rezoning difficult to implement. If this process is used it would need modification with respect to the application and process of allowing individual property owners to make changes to development concepts proposed for their private properties. NEW MIXED USE DEVELOPMENT ZONE DISTRICT: As an alternative to the PMUD process, WR2020 presented a proposal to design and designate the arterial area of 44" and Wadsworth to a newly defined and designated zoning district, perhaps called, Mixed Use Development Zone. This would provide a specific zoning designation to the land in this corridor and provide straight zoning applications, procedures, regulations, and defined land uses to the properties within the district. It was identified that a new zone district was desirable, however there is concern that this process will require staff resources to determine the design of the new zoning district, and its regulatory scope, as well as devising an implementation process for the new district. Additionally, it was identified that the City staff and City Council would need to take considerable action to educate the community, gain support for, and approve a new zoning district. WR2020 identified that it believes that the proposed new district designation is the best opportunity to pursue the implementation and objectives of the Wadsworth Sub Area Study, the NRS Goals, and also promote redevelopment on major arterial corridors within the City. A new designation zoning district would provide the greatest flexibility and oversight of development in the zone by City staff and would provide predictability to developers and property owners with respect to their options, by codifying the purpose, intent, allowable uses and process of mixed use development along the corridor. A new zoning district will also provide the City with a more efficient and less time consuming process as associated with the PMUD process, because development can be achieved by right rather than by review and negotiation between the developer and the City. WR2020 identified that one major responsibility it holds to the City is to promote regulatory change that promotes redevelopment in the City. WR2020 believes that the new zoning designation on the Wadsworth Corridor will promote redevelopment. In an effort to assist the City with pursuit of this proposed new zoning designation, WR2020 is willing to provide funding and management to secure a consultant that can develop the new district guidelines and processes for implementation. NEXT STEPS: 1. WR2020 and City Staff acknowledged the need for the City Attorney's legal opinion on the merits of the options discussed above. 2. WR2020 and City Staff believed that legal counsel could also provide direction of implementation for a proposed new zone district designation. 3. The parties understand that the proposed rezoning will not take effect prior to the upcoming International Conference of Shopping Centers in late May of 2008, but recognize that the site can be promoted at the conference with an indication that the City is actively working to provide the appropriate zoning to the site that will permit the desired redevelopment. Please contact me if you have any thoughts. Thanks, Robert I Osborn, Esq. Executive Director Wheat Ridge 2020 720-259-1030 www. WheatRidoe2020.oro -----Original Message----- From: Rob Osborn [mailto:rosborn@wheatridge2020.org] Sent: Sunday, April 27, 2008 8:51 PM To: KHood@CHCC.com Subject: RE: meeting with City Kevin, History: I and our contractors have met with the city staff together, and independently numerous times to request what they want us to do to correct the things they feel are wrong. We have reached agreements and worked to provide the information and time to make corrective measures. At each step to making corrections, City staff has changed their positions on how they want to resolve issues. The rules continue to change. This recent issue is related to a meeting that was with Entasis and the City where it was our understanding the City would review the Ingalls Street scope and verify the permits that were secured and also determine if any permits were missed. If permits were missed the City would retro actively assign them, charge Entasis for them, and inspect the property. Instead, Entasis was confronted by 3 city staff members and harassed, and threatened with revocation of their builder's license. This was not the process that The City agreed on. City staff sent an e-mail to me the Mayor, Randy and additional City staff members eluding that WR2020, me and the contractors were not doing things in an open and honest manner. At which point I replied to Rand the Mayor and Ken and advised that we have done everything we agreed, to move forward, and that they needed to work with their staff to set the game rules, because the rules have changed every week . The Mayor suggested a meeting with all involved, and both Ken and I declined. I declined because I felt that my presence was not necessary since I have no control over determining what steps, process, and methods the City desires to implement to verify our contractor's permits. We require permits in our contracts with our contractors and they are willing to work with the City to make sure they did everything they were required to do. The issue is an internal city issue, I have asked the mayor, Randy and Ken to resolve it and determine what they want us and our contractors to do and determine the game plan for us to follow. I do not think WR2020 or any of our contractors should meet until the City determines the game plan. At that point we'll take their: direction and move forward. My perspective is that if Randy wants your advice, he should be advised to tell us how they want to proceed. That is all I have asked from his staff these issues surfaced. This is not a board president issue. It is my responsibility to get this resolved, and Randy's as well for the city. Calling me and the contractors to the table in front of my board president is not going to change the facts. We have tried to move forward in full disclosure and cooperation and the City staff is reluctant to work with us under the conditions they agreed. I respectfully request that you do not involve yourself. Randy has asked me to work it out with his staff, his staff is not cooperating. Randy needs to do his job and direct me and his staff to a resolution. If you want to discuss further, let me know. Robert J. Osborn, Esq. Executive Director Wheat Ridge 2020 720-259-1030 www.WheatRidge2020.org The information contained in this communication is intended solely for the use of the recipient named above and is protected by corporate confidentiality policies and laws via this notice. No waiver occurs by virtue of it being sent electronically. This comes from Wheat Ridge 2020, Inc. If you are not the intended recipient, please call us at (720) 259-1030 or e-mail the sender of the error and immediately delete this message from your system. Please note that any unauthorized use, dissemination, distribution or copying of this communication is strictly and legally prohibited. -----Original Message----- From: Kevin Hood [mailto:KHood@CHCC.com] Sent: Friday, April 25, 2008 12:48 PM To: 'Robert Osborn' Subject: RE: meeting with City Thanks Rob... I appreciate your sensitivity to the involvement & balance of "staff" and "elected" officials such as our Board and the City Council. I don't think there was any intention on Randy's part to involve our Board at-large. Randy did suggest including the Mayor to balance the elected representation. So, it sounded as though there would be "equal representation" in terms of political "chain of command" representing the City and our organization. At some point it seems as though it makes sense to get all the vested parties around the table, including perhaps the Mayor and myself, because there seems to be an impasse between our staff's perspective and the City staff's. I, like you and Randy, are interested in finding solutions to whatever is causing these difficulties, without the over involvement of the Board-at-large or the City Council. I'm not sure we want to "leverage" the threat of involving council against a measured involvement of the President and the Mayor to help provide a different perspective in situations that seem to be at an impasse. I plan to offer to meet with the Mayor, Ken and Randy to hear what they have to say and will obviously keep you apprised of the outcome of that meeting. Let me know if you have further thoughts. Thanks. k Kevin R. Hood, M.Ed. Operations Director Cherry Hills Country Club 4125 S. University Blvd Cherry Hills Village, CO 80113 Direct: 303-350-5274 Mobile: 303-881-2110 Club: 303-350-5200 email: khood@chcc.com -----Original Message----- From: Robert Osborn [mailto:rosborn@wheatridge2020.org] Sent: Friday, April 25, 2008 11:31 AM To: KHOOd@CHCC.com Subject: RE: meeting with City Kevin, We have some issues and I have been trying to work them out with code. Randy has asked that I work with his staff. I have been doing so. Last week we made agreements and i was very satisfied that we were able to move forward. It seems that his staff is not willing to move forward and has sent e-mail to Randy and the mayor to involve them I have not involved council or the board on resolving these issues at Randy's request. In light of city staff's recent emails I have copied the mayor, Randy And Ken to as them to clarify the inconsitent city direction and implementation o our agreement to move forward. I appreciate your willing ness to help but this needs to be resolved by saff. I have not informed council and i the board is requested to get involved,council must as well. Thanks. -----Original Message----- From: "Kevin Hood" <KHOOd@CHCC.com> To: "'Rob Osborn'" <rosborn@wheatridge2020.org> Sent: 4/25/2008 9:00 AM Subject: meeting with City Hi Rob, Would you contact me today about a conversation I had with Randy Young. He wants me to meet with him about how 2020 is working with the City and contractors. Sounds like there's some pretty strong concerns. Want to get your perspective. Thanks. k Kevin R. Hood, M.Ed. Operations Director Cherry Hills Country Club 4125 S. University Blvd Cherry Hills Village, CO 80113 Direct: 303-350-5274 Mobile: 303-881-2110 Club: 303-350-5200 email: khood@chcc.com From. Rob Osborn [mailto rosbom@wheatridge202O.org] Sent: Thursday, July 03, 2008 1:51 PM To: 'Patrick Goff Cc: 'Randy Young' Subject: Permit fee Discussion Patrick, I am sending the permit fee schedules from 3 other municipalities to you and am providing the following proposal in accordance with our discussions regarding interest in making renovation project permit fees and practices similar and perhaps better than other communities. I have had discussions with Arvada, Aurora, Castle Rock, and Lakewood building officials in preparing this research and they have been very helpful to explain the processes of their permitting procedures, and fee assessments. If we need further discussions with these officials, I can coordinate meetings to help you understand the context of my recommendations based upon what they told me when I spoke with them. Currently WR is basing permit fees on total project values for renovation projects. Additionally WR desires to have only one permit issued per project that covers all work in every sub trade category needing inspections. An example of this is the Dover Street project where the single renovation building permit fee was based upon the 94,000 total contract scope of work which included items that require permits and inspections and items that do not require permits and inspections like cabinets, flooring materials, tile, paint, texture plaster, light fixtures, and other ornamental or finish materials. Other cities base permit fees using different methods. Some use the material value for work that requires permit and inspections. Some provide fee schedules for specific types of sub trade work, and others allow contract value of work that requires permits and inspections. The implementation of these policies is that a project gets charged an assessed permit fee valued on the actual contract costs for material, or material and labor for work that requires inspection. An example of this for a project like Dover, the work requiring inspections: electrical, plumbing, drywall, HVAC, framing, roofing, windows, siding costs approximately 42,000 in labor and material, or $28,000 in materials, the permit fee would be base on one of these values not the total project scope of the project. Additionally other cities, allow multiple permits on renovation projects. These permits are called Miscellaneous permits or Over the Counter permits by Arvada, Aurora, Lakewood, and Castle Rock. This can provide cost savings to general contractors and home owners because these permits are typically based on material value, or material and labor value, or a modest flat fee for the sub trade work and the permits do not require a plan review, as they are generally identified by the scope of work that is performed which has typical common installation requirements and elements. An example of this is A/C installation, hot water heater installations, roof installations, and other common home maintenance and improvements. WR is requiring that all projects must have a single permit. This increases the requirement for plan review, and its assess fee based on total project value. It also increases the cost of project management because the General contractor must pay for a permit fee on sub trade work that may not commence for some time based on construction sequencing, and also may get modified or reduced as the project moves forward pursuant to actual field conditions. These changes may arise when assumptions are made in the design phase of a project, that are found to be wrong after demolition is completed. An example may be that the plumbing is assumed to require significant modification in design, but once a wall is opened up, the actual conditions of the existing plumbing piping do not require as much modification as assumed. The Single permit fee was paid in advance and now the GC may have paid too much because the scope of the project was reduced. WR uses the IBC, and other reference materials to assess value to projects based on the discretion of the CBO. This creates confusion. WR needs to devise a predictable valuation process that is fair and consistent. Other cities accept contracts as evidence in valuation, Means Cost estimating data as evidence, or even receipts as evidence. These methods are predictable and fair in valuation for permits. The plan review fee for renovations is higher in Wheat Ridge than other communities because WR charges plan review fees based on total project value. Other municipalities use a similar process but only assess the fee based upon work that requires a permit and inspection as outlined above, or have assessed a flat fee for residential renovation projects. WR charges that same plan review fee for multiple reviews of the duplicate (Stock or Repeat) projects. Other municipalities charge the full plan review fee for the first unit, but have a modest processing fee for additional repeat units. An example of this is the Somerset Town home Project. Each unit was charged $407 for plan review. This fee was based on a full project value that included finishes and work that does not require permits and inspections. The fee for the first plan review should have been based on the actual value of the work requiring permits, and the additional units should have been charged a repeat review fee. The plan review is only made on the.first unit, and the repeat units did not require any additional review. Recommended process. 1. Rehab permits get valued by the cost of materials for work that requires permits and inspections. 2. The value of the plan review should be based on either of the following: a. %ofthe cost of materials or b. A flat fee. 3. All taxes can be assessed by the permit value. 4. Duplicate (stock or repeat) plan reviews can be charged a first review fee based on a %of project value and additional ones a flat fee. S. If projects are small in scope, the owner should be allowed to apply for over the counter permits either based upon the following a. % of the cost of materials or b. A flat fee. I hope these recommendations make sense and are helpful. Rob Robert J. Osborn, Esq. Executive Director Wheat Ridge 2020 720-259-1030 www. WheatRidae2020.or The information con,ained in this cotnn niie.ninn is intended solely fer the use of tho recipient named above anJ is ptot<eted by corporate cunlidenti:din policies and lam., ties this notices. Nn maieet oacnrs by,rin ue of it being sent dcetrouically. This enures from Nvheat Ridge 30^_0, Inc ff roes arc not the inrcnded mcipicny please call as at (720) 239-1030 o, -.Al athe tiutder of tha error: nW hnnediateh' delem this nessagc Inn. yon, IN smm. Please note thx! an,, nnnuthorized use. disceminntinn, distnbatioa or c.pcing of this , atncation is s"ied, and legally pn,hibi,ed. )n~ City of l Wheatps dge OFFICE OF THE MAYOR Memorandum TO: City Council FROM: Jerry DiTullio, Mayor CC: WR2020 Board Members DATE November 3, 2008 (Originally distributed in July/2008) SUBJECT: Adoption of the 2006 IBC and Permit Fees/Processes in Wheat Ridge am making the following recommendations as the Building Department proceeds with adopting the 2006 International Building Codes (IBC). My comments and recommendations are based on observations and recent discussions with City staff, Wheat Ridge 2020 and contractors doing work in the City of Wheat Ridge. The Neighborhood Revitalization Strategy (NRS) outlines that the City should promote redevelopment and new development of housing in our community. In doing so it recommends adopting new technical processes to make redevelopment and new development easier and affordable for residents and investors. Wheat Ridge has an opportunity to look at some existing technical policy procedures with respect to how it assesses and charges permit fees for redevelopment projects. It has an opportunity to clarify how it collects these fees to aid in creating predictability for investors and home owners by setting reasonable permitting fees that are competitive with other communities in the Metro Denver suburban markets. Single Renovation Permits and Plan Reviews: The City currently desires to have only one permit issued per renovation project. The single permit covers all work in every construction category needing inspections like plumbing, and work in construction categories that do not require inspections like carpet installations. The single permit fees are base on total project values for all work associated with the renovation projects. A plan review is required to issue a single permit, and the plan review fee is based upon the total project value as well. The single renovation building permit fee and plan review fee for a home renovation project is based upon the total contract scope of work. This includes work items that require permits and inspections under the building code which I call "General Work' which include: plumbing, roofing and electrical work, and items that do not require permits and inspections under the building code that I call "Finishes" which may include: cabinets, flooring materials, tile, paint, texture plaster, light fixtures, and other ornamental materials. In many cases the Finishes are the majority of costs associated with a renovation project. Finishes can be installed in homes in Wheat Ridge without requiring permits. It is unfair and costly to home owners to assess a permit fee on General Work and Finishes combined, because Finishes do not require permits or inspections if installed independently of General Work. Other cities base permit fees using different methods. Some use the material value for work that requires permits and inspections under the building code only. Some provide fee schedules for specific types of sub trade work, and others use the contract material and labor value for work that requires permits and inspections. The policies of these other communities provides that a project gets charged an assessed permit fee based on the actual contract costs for material, or material and labor for work that requires inspection under the building code. Recommendation: If Wheat Ridge desires a single permit process for renovation projects, Wheat Ridge should look at devising a permit fee assessment process that is based on a percentage of material or material and labor values for General Work that requires permits and inspections under the building code, or a flat fee schedule for such work. This would be `consistent with neighboring communities and less expensive for homeowners and investors. Finish work would not be included in determining project values. This process would save homeowners money as they reinvest in their properties. Miscellaneous Permits: Wheat Ridge allows miscellaneous permits for some installations, but prefers to limit the issuance multiple miscellaneous permits for one renovation project. Alternatively, some Metro Denver cities allow multiple miscellaneous permits on renovation projects. Some communities call this Over the Counter Permits. These types of permits can provide cost savings to general contractors and home owners because these permits are typically based on material value, or material and labor value, or a modest flat fee for the type of work performed. Typically the permits do not require a plan review, as they are generally identified by the scope of work that is performed which has typical common installation requirements and elements. An example of this is A/C installation, hot water heater installations, roof installations, and other common home maintenance and improvements. Wheat Ridge prefers that projects that have many miscellaneous installations pull a single permit. This increases the requirement for plan review, and the assessed plan review fee based on total project value. The plan review fee for renovations is higher in Wheat Ridge than other communities because Wheat Ridge charges plan review fees based on total project value. Other municipalities only assess the fee based upon work that requires a permit and inspection as outlined above, or have assessed a flat fee for miscellaneous permit work. Recommendation: Wheat Ridge may wish to consider reviewing and implementing flat fee Miscellaneous Permits for work installations based ona percentage of material or material and labor values, or just a reasonable flat rate. Wheat Ridge may also wish to consider allowing multiple miscellaneous permits to get pulled for a single project. This would reduce the cost of a permit for homeowners and negate the cost of a plan review to the home owner. Plan Review Fees: Wheat Ridge charges that same plan review fee for multiple reviews of the duplicate (Stock or Repeat) projects. Examples of Stock Plans are the ones used for town homes. Other municipalities charge the full plan review fee for the first unit, but have a modest processing fee for additional repeat units. Wheat Ridge currently sets its plan review fee based on a full project value that includes finishes and work that does not require permits and inspections. Recommendation: The fee for the first plan review for Stock Plans should be based on the actual value of the work requiring permits under the building code and repeat reviews should be charged a repeat review fee. Summary of Recommendations: 1. Single Rehab permits get valued by the cost of materials for "General Work "that requires permits and inspections under the Building Code. 2. The value of the single permits and plan reviews should be based on either of the following: a. % of the cost of materials or b. A flat fee. 3. If projects are small in scope, the owner should be allowed to apply for over the counter permits either based upon the following a. % of the cost of materials or b. A flat fee. 4. Duplicate (stock or repeat) plan reviews should be charged a first review fee based on a % of project value cost of materials and additional ones a flat fee. About Arvada • Arts and Recreation • Ask Arvada • City Services Arvada MapsBuilding InspectionCode EnforcementEngineeringHousing & Neighborhood Revitalization Program Organizational Val uesPassportsPlanning and DevelopmentSales TaxStreet MaintenanceWater and Sewer ServicesWater Utility Bill • Government • Sobs • KATV 8 • Online Services • Safety and Health • Transportation City of Arvada 8101 Ralston Road P.O. Box 8101 Arvada, CO 80001-8101 Phone: 720-898-7000 (103 TTLGIY'AL LR Ey VZ987Z8Z Home > City Services Building Permit. Fee Schedule 2007 Effective 1-1-2007 - Building Permits are also a sesed City Use tax of 3.46% Half of Contract-Value or actual material costs. ADMINISTRATIVE FEE SCHEDULE FOR SERVICES PROVIDED AND PERMITS REQUIRED BY CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS, AND ALL CODES AND PROVISIONS THEREIN Page Building Permits (Table 18-1) Building Valuation (Table 18-2) 3 Miscellaneous Inspections and Other Fees (Table 18-3) Foundation Only Permits (Table 18-4) Miscellaneous Permits - Residential (Table 18-5)....... Roofing Valuation - Estimated (Table 18-6) Fence Valuation - Estimated (Table 18-7) Plan Review (Table 18-8) 8 Temporary Certificate of Occupancy (Table 18-9)....... Contractor Licensing (Table 18-10) r r n varaacion $1.00 to $500.00 '.$26.00 - $501 00 to 82,000 00 $26.00 for the first $500 00 plus ........1 4 ...1..... S 6 7 8 9 9 each additional $100.00 or $2,001.00 to ',$76.61 for the first $2,000.00 plus $15.49 for each additional $1,000.00 or fraction $25,000.00 'thereof, to and including $25,000.00 $25,001.00 to !$432.84 for the first $25,000.00 plus $11.17 for each additional $1,000.00 or . $50,000.00_ ;fraction thereof, to and including $50,000.00 $50,001.00 to _ _ $712.18 for the first $50,000.00 plus $7.74 for each additional $1,000.00 or $1_00,000._00 'fraction thereof, to and including $100,000.00 $100,001.00 to L$1,099.39 for the first $100,000.00 plus $6.20 for each additional $1,000.00 or $500,000.00 :fraction thereof, to and including $500.000.00 $500,001.00 to $4,197.03 for the first $1,000,000.00 :fraction thereof, to and i $1,000,001.00 and up :$6,824.49 for the first fraction thereof. .00 plus $5.25 for each additional $1,000.00 or $1,000,000.00 10.00 plus $4.04 for each additional $1,000.00 or Combination permit defined. A permit that is issued to the general contractor or the primary contractor and includes the subcontractors valuation and fees as a part of the permit. Only a combination permit shall be issued where more than one category of work, such as building, electrical, plumbing, or HVAC, is involved. Exception: The building official may allow separate permits to be issued when a general contractor is not required for the scope of work involved, or when the building official finds good cause. Separate commercial permits When work is done by a subcontractor and is not part of a combination permit, the valuation used to determine the permit fee will be based on the actual contract value of the work being done. If the work is part of a combination permit and the subcontractor's contract value is unknown, the value will be assumed to be ten (10) percent of the overall combination permit valuation for each contractor. Residential combination permits for single family detached or attached homes. When a combination permit is issued for a new single-family dwelling unit, the fee assessed for the electrical, heating, and plumbing subcontractors shall be equal to thirty (30) percent of the calculated building permit fee. _ Numbers represent estimated dollar cost per square foot (.09 m') of construction. Group (2003 International Building Code) Tvoe of Construction A-1 A-2 A-2 A-3 Assembly _ churches :176.8 171.1 1166.8 :159.9 11483 -147.6 '154.7 •.1 37.2 132.1 : 6 S 'S 17 8 6 9 i2 2 e 1612 457. M.2 '146.3 134.7 1134.0 ~141.1 +23.5 118.4 tag e ; 137.7 133.4 '.130.1 .'125.0 116.0 ,115 7 ;Y20.6 106.7 :103.1 s 4_._ 8 _0 3 8 _7 8 !136.7 132.4 '.128.1 124.0 -114.0 '.114 7 !119.6 104.7 .102.1 ts, 4 :8 0 !3 8 7 8 1 .1 )ails ! , 163.6 157.9 -'153.6 '146.7 ,135.1 134.4 1141.5 123.9 '.i i R R a. Private garages - use Utility, miscellaneous b. Unfinished basements (all use group) = $15.00 per SF C. Add 0.5 percent to total cost for each story over three d. Deduct 20 percent for shell-only buildings e. Deduct 11 percent for mini-warehouses Buildings or structures not listed above shall be valued at contract price submitted by the contractor or actual value as submitted by the architect. Temporary construction power .$44.00 Residential service change $44.00 Electric signs - 00 Non-electric signs '.$4 00..0 $20.00 Monumental signs Use Table 18-1 Commercial cell sites based on actual valuation Use Table 18-1 Commercial demolition $55.00 (minor-interior) ' _-___----,$110.00 (major-building Annual certificate of inspection/elevators (installation fees include 150.00 charges for first year's annual inspection) Permit fees for temporary membrane structures, tents, and canopies Use Table 18-1 Inspections outside of normal business hours (minimum charge - two $52.00 per hour* Reinspection fees assessed under provisions of section 18-36(h) of the $52.00* Arvada City Code Electrical reinspection fees $34.50 Inspections for which r.o fee is specifically indicated (minimum charge :$52.00 per hour* -one-half (1(2) hour) - Additional plan review required by changes, additions or revisions to $52.00 per hour* Issuance of new previously permitted work (minims Issuance of new permit for Change (minimum charge - one (1) hour) Use of outside consultants for plan checking and inspections, or both $52.00 per hour* per hour* actual costs (including 'administrative and overhead costs) * Or the total hourly cost to the city, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and benefits of the employees involved. Fees for other miscellaneous permits and commercial work shall be based on actual contract value of the work as per Table 18-1. FOUNDATION ONLY PERMITS Table 18-4 _One-and two-family buildings-$220.00; Multifamily buildings $330.001, Commercial b uildings ~$550.00'. suspension or abandonment o im ..^hamo - n- 1, 1 h...,.\ of contractor on existing job Air Conditioners** i$40. 00 I Awnings 10.00 Evaporative Coolers Furnace Replacement** Fence - Gas Logs/Inserts Hot Tubs & Above-Ground Pools House Table 7-19a) $40.00 $40.00 ------:340.00 - Lawn Sprinklers - Replacem ent Windows (no structural-- -alte 2ti-ons) (if structural alterations use Table 18-1) Residential Elevam or Dumbwaiter/Chairlift Retaining Walls Less 5' (1.5 m) Roofing Siding Water Heaters** 1 Wood Burning Stoves * The permit fees assessed under Table 18-1 cover the cost of all permit fees related to the specific permit type. Exception: Minor electric wiring is included, but a service change or upgrade is not included in this permit fee. If permit application includes installation of more than one appliance listed in Table 18-5, the fee is $60.00. Fees for plumbing permits, mechanical permits, electrical permits, and other miscellaneous permits and commercial work shall be based on actual contract amount of the work as determined by Table 18-1. Table 18-6 00.00 3-tab x$82.50 per 100 sf (9.3 mZ) T-Lock j82.50 per 100 sf (9.3 m2) Shakes (untreated) $275.00 per 100 sf (93 m2) Light weight the roofs ',$330.D0 per 100 sf (9.3 m2) Dimensional shingles ';$110.00 per 100 sf (9.3 m2); Other, special roofs and treated sha kesUSe actual contract amount*' The valuation used for calculating roofing permit fees shall be determined by the actual contract amount, or if the amount is unknown, by applying the above estimated costs per 100 sf (9.3 m=). If the contractor/homeowner submits a copy of the contract or proof of actual material cost, with the material cost clearly identified, the contract amount used to calculate the permit fee will be twice the amount of the material cost. Table 18-7 - 2007 -Fee- Schedul ---e - ---ter--ial cost s-t Fence- '.Ma only I "x 4'x 6' Cedar Privacy Fence j$ 8.00 per linear foot i" x 6"x 6' Cedar Privacy Fence $ 8.75 per linear foot 4' Ranch 3 rail 4x6 post 2x6 rail w/wire $ 8.50 Per linear foot 4' Ranch 3 rail 4x6 post 2x8 rail wlwire$ 9.25 per linear foot _ Split Rail Fence 2-Rail wood $4.65 per linear foot 3- Rail wood $5.65 per linear foot 6' Chain link fence 11 -gauge_ $ 5.85 per linear foot 4' Chain-link fence 11-gauge $4.41 per linear foot 6' Vinyl Privacy white/tan 19.00 per linear foot PLAN REVIEW FEES Table 18-8 The plan review fees specified in this section are separate fees from other permit fees assessed in this administrative fee schedule and are in addition to those other permit fees . Plan review fee (commercial) - .65% of building permit fee ;(Table 18-1) .Plan review fee (modifications to existing single-family dwellings) j$30.00 Electrical, plumbing, mechanical, fire protection or elevator permit (not part 50% of total permit fee (Table . of combination permit) ! 18-1) Commercial bwldin s 9 _ o 65 of building permit fee Additional plan review (incompletekhanged submittal documents) ' Use Table 18-1 and 18-3 Deferred submittals items as defined in section 18-35(f) of the Arvada City :Use Table 18-1 and 18-3 Plan review fees for "stock" or "repeat" plans (stock or repeat plans are plans of buildings that have been reviewed and are subsequently built in multiple locations) shall be assessed as follows: One_and two-family buildings$150.00' Multifamily buildings ;$175.00! Table 18-9 For-all - For all buildings,or_portions thereof -original TCO $ 100.00*I For all buildings or portions thereof - extension TCO$100.00*~ * $50.00 will be refunded if a certificate of occupancy is issued prior to the thirty (30) day expiration of the temporary certificate of occupancy or any extensions thereof. Class I-8 B_L unnmitea License Class II-S Builder's License iii-b isuuoers Miscellaneous License Class iV-B Builder's Subcontractor's License ';$75.00 Class V-B Homeowner's "Limited" Building License $75.00 Class VI-P Plumbing License Class VII-M Mechanical License Class VIII-D B ildmg Moving License $75.00 Class IX-R Builders Roofing License $75.00 Limited License '50% of regular license fee's. This web site conforms to W3C's "Web Content Accessibility Guidelines 1.0" Level A 2008 © The City of Arvada I Site Map I Privacy I Terms I Admin LL LL LL CF 6 w 'an V z J M _a O z w J m M IL E IL 0 o 0 W .0 t. 0 2 O~ 1 N 00. L {gw LOL f9w (9L qL 7w ~L nw O O t. 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Fees Page 1 2 3 3 4 4 5 5 5 5 6 7 8 9 9 9 10 10 Effective: January 1, 2008 TOWN OF CASTLE ROCK DEVELOPMENT IMPACT FEE 8 SYSTEM DEVELOPMENT FEE SCHEDULE Effective January 1. 2008 DEVELOPMENT IMPACT FEES Parks Single Family Detached $2,900.00 Single Family Attached/Single Unit $2,233.00 per unit Multi family/Multi Unit $1,908.00 per unit Fire Single Family Detached $775.00 Single Family Attached/Single Unit $597.00 per unit Mufti family/Multi Unit $510.00 per unit Police Single Family Detached $200.00 Single Family Attached/Single Unit $154.00 per unit Multi family/Multi Unit $131.00 per unit Municipal Facilities Single Family Detached $500.00 Single Family Attached/Single Unit $385.00 per unit Multi family/Mufti Unit $329.00 per unit Recreation Center Single Family Detached $1,128.00 Single Family Attached/Single Unit $868.00 per unit Multi family/Mufti Unit $742.00 per unit The above 5 fees are collectively known as Capital Plant Investment Fees and are totaled as follows: Single Family Detached: $5,503.00 Single Family Attached: $4,237.00 per unit Multi-Family: $3,620.00 per unit Transportation Single Family Detached Single Family Attached/Single Unit Multi family/Multi Unit $2,900.00 $1,997.00 per unit $1,997.00 per unit Stormwater Plum Creek Basin Cherry Creek Basin Single Family Detached $425.00 $368.00 Single Family Attached/Single Unit $183.00 per unit $158.00 per unit Mufti family/Multi Unit $122.00 per unit $106.00 per unit NON-RESIDENTIAL Fire (per 1,000 so Commercial/Shopping Center 50,000 sf or less $121.00 Commercial/Shopping Center 50,001-100,000 sf $104.00 Commercial/Shopping Center 100,001-200,000 sf $91.00 Commercial/Shopping Center Over 200,000 sf $81.00 Office 25,000 sf or less $121.00 Office 25,001 - 50,000 sf $114.00 Office 50,001 -100,000 sf $108.00 Office Over 100,000 sf $99.00 Industrial $121.00 Warehousing $68.00 Hotel (per hotel room) $47.00 Police (per 1,000 so Commercial/Shopping Center 50,000 sf or less $87.00 Commercial/Shopping Center 50,001-100,000 sf $73.00 Commercial/Shopping Center 100,001-200,000 sf $62.00 Commercial/Shopping Center Over 200,000 sf $53.00 Office 25,000 sf or less $30.00 Office 25,001 - 50,000 sf $25.00 Office 50,001 -100,000 sf $22.00 Office Over 100,000 sf $18.00 Industrial $11.00 Warehousing $8.00 Hotel (per hotel room) $9.00 Municipal Facilities (per 1,000 so Commercial/Shopping Center 50,000 sf or less $34.00 Commercial/Shopping Center 50,001-100,000 sf $28.00 Commercial/Shopping Center 100,001-200,000 sf $25.00 Commercial/Shopping Center Over 200,000 sf $23.00 Office 25,000 sf or less $50.00 Office 25,001 - 50,000 sf $47.00 Office 50,001 - 100,000 sf $45.00 Office Over 100,000 sf $41.00 Industrial $28.00 Warehousing $17.00 Hotel (per hotel room) $13.00 Transportation (per 1,000 so CommerciaUShopping Center 50,000 sf or less $630.00 Commercial/Shopping Center 50,001-100,000 sf $554.00 Commercial/Shopping Center 100,001-200,000 sf $485.00 Commercial/Shopping Center Over 200,000 sf $419.00 Office 25,000 sf or less $630.00 Office 25,001 - 50,000 sf $398.00 Office 50,001 -100,000 sf $281.00 Office Over 100,000 sf $223.00 Industrial $630.00 Warehousing $437.00 Hotel (per hotel room) $362.00 Stormwater - Cherry Creek Drainage Basin (per 1,000 so CommerciaVshopping Center/Office $161.00 IndustriaYWarehouse $2.00 Stormwater - Plum Creek Drainage Basin (per 1,000 sf) CommerciaVshopping Center/Office 1 ndustriaVVllarehouse $201.00 $132.00 SYSTEM DEVELOPMENT FEES UTILITIES Potable Plum Creek Basin Water Development $9,364.00 per SFE Water Resource' $11,210.00 per SFE Wastewater/Sewer Development $3,845.00 per SFE Total $24,419.00 per SFE Irrigation Nonpotable water $3,400.00 per SFE Potable standby $925.00 per SFE Water Resource' $11,210.00 per SFE Total $15,535.00 per SFE Cherry Creek Basin $9,364.00 per SFE $11,210.00 per SFE $0.00 per SFE $20,574.00 per SFE Potable Water $9,364.00 per SFE Water Resources' $11,210.00 per SFE Total: $20,574.00 per SFE ' Please note Water Resource Fee is also known as Renewable Water Resource Fee SFE's are determined by tap size - please see tap schedule below for number of SFE's per tap size METER TAP FEE SCHEDULE Potable or Irrigation Water Tap Size Meter Size/rype Fee # of SFE's 3/4" 5/8 x 314 $325.00 1 1" 1 SR $395.00 2 1 1/2" 1.5 SR $915.00 4 1 1/2" 1.5 T $1,050.00 4 2" 2 SR $1,050.00 8 2" 2 C $1,890.00 8 2" 2 T $1,155.00 8 3" 3 C $2,305.00 18 3" 3 T $1,440.00 18 4" 4 C $3,410.00 36 4" 4 T $2,245.00 36 6" 6 T $3,495.00 94 6" 6 C $5,865.00 94 SR = Standard Register Meter C = Compound Meter (multi-use) T = Turbo meter (irrigation taps) Residential Properties; an SFE value shall be assigned to specific properties based on the following Mobile Home Park: 1 SFE + (number of units in the park x.85) Mobile Home (individual unit not in a mobile home park):.85 SFE Townhomes: 1 SFE per building + (number of units in the building x.65) Apartment and Condominium Buildings: 1 SFE per building + (number of units in the building x.50) Single family homes: 1 SFE Duplexes: 2 SFE's Cherry Creek Basin Fee Applies to lots in Castle Oaks, Castlewood Ranch, Founders Village, Liberty Village, Maher Ranch, and certain lots in Castle Ridge Estates, Diamond Ridge Estates, Metzler Ranch, Woodlands a) Single Family Residence $60.00 b) The building "footprint" of all buildings, regardless of use or purpose, including but not limited to mufti-family, commercial, office, recreational, religious, educational, and indutrial buildings. $.04/sq. ft. c) All on-site impervious areas associated with construction defined by subparagraph "b" above. $.04/sq. ft. Meadows Capital Reserve fee $1,833.62 4 Building Permit Fees Effective January 1, 2008 TOTAL VALUATION FFF 0.00 to $500.00 23.50 23.50 for the first $500.00 plus $3.05 for ach additional $100.00 or fraction thereof to 501.00 to $2,000.00 nd including $2,000.00 J 69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof 2,001.00 to $25,000.00 and including $25,000.00 391.25 for the first $25,000.00 plus $10.10 or each additional $1,000.00 or fraction 25,001.00 to $50,000.00 hereof to and including $50,000.00 643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof 50,001.00 to $100,000.00 to and including $100,000.00 $993.75 for the first $100,000.00 plus $5.60 reach additional $1,000.00 or fraction 100,001.00 to $500,000.00 hereof to and including $500,000.00 $3,233.75 for the first $500,000.00 plus $4.75 or each additional $1,000.00 or fraction 500,001.00 to $1,000,000.00 hereof to and including $1,000,000.00 5,608.75 for the first $1,000,000.00 plus 3.65 for each additional $1,000.00 or fraction 1,000,001.00 and u hereof Miscellaneous Permit Fees Air Conditioner, Water Heater, Furnace Installation/Replacement and Re-roof permits (residential only, commercial projects based on actual valuations) Other Inspections and Fees: Inspections outside of normal business hours: Re-inspection Fees: Special Inspections: Additional plan reviews: Outside consultant plan review fee: Plan Review Fees are 66% of Building Permit Fees. $50.00 each $125.00 minimum 1" Inspection + $50.00 for each additional inspection $50.00 $50.00 per inspection $50.00 per hour (1 hour minimum) Actual cost + $25.00 Use Tax = 50% of the construction valuation x 4.6% Fire and Rescue Department Plan Review Fees Effective January 1, 2008 Commercial Construction: New Buildings and Additions: Square Feet Base Rate Rate / Square Foot 1-15,000 $ 562.50 15,001 -100,000 $ 562.60 plus $0.0190 100,001 -150,000 $2,177.50 plus $0.0320 150,001- 200,000 $3,777.50 plus $0.0375 200,001-250,000 $5,625.50 plus $0.0440 >250,000 $7,825.50 plus $0.0500 Tenant Finish 0-1,666 $62.50 1,667 -15,000 $62.50 plus $0.0375 > 15,000 New Building rate above Sprinklers - New: $125.00 plus $1.25 per device (NEPA 13, 13R, 231C, 231D, Pre-action, Etc.). $ 62.50 plus $1.25 per device (NEPA 13D). Sprinklers - Existing (Add, Relocate, Remove): $62.50 for up to four (4) heads, plus $1.25 for each device over four (4). Fire Alarm - New: $125.00 plus $1.25 per device (NEPA 72). Fire Alarm - Existing (Modifications to Systems): $62.50 for up to four (4) heads, plus $1.25 for each devices over four (4). Hood Suppression Systems: $100.00 plus $25.00 per additional item. Other Plan Reviews: $100.00 with required inspection for the initial item plus $25.00 per additional items. $ 50.00 without inspection for the initial item plus $25.00 per additional items. Hazardous Materials Inventory Plan Review (SARA Title ED: $100.00 for up to six (6) Chemical items plus $5.00 for each additional item. Development Services Land Application Fees Massa-January 1, 2008 and emended March 13, 2008) PLANNING 2008 Fees Mon..... COS, I QOmmen s Fees am collected iPnsAPPlleatlon Review Nona Capured FSib Plan/Plat Proceu 33keteh PDer Skekh $1,215.00 SubMtlal rmntlon JSketehmal $1.213.0. PIUa 52g perege beyontl BO seas WsO Subere881 RaloMn9 ResidenW1(RI. fJ,020.00 flue E4].50 roraue bgroM 80 apes µ5t6 SUbmitlel R1A. R2 N, MH)Covem2 Reviews: Addifional Raw. SeeM. s Rus aping Noo moidamial 22,965.00 V✓M Submitlal - m I81. S3, H. n)C 2 Revews: AddiOorul ReM. Seet23 :i OSe by Special Review $1,5103,0 YMN SUbmBW 7 Verieneesl Appeala 6oaM OlAdWSbnOM Or 51,050.00 µ5g1 BUbmigal ~ ~ ~ SkyenelRkgeMa Valance : : sgn caao Aaron ssz5.oo vmh SUbrr$Oal { Annexatlon Prceeae 51,5]5.00 Plus 125 roraae and F've AnneseSOn Fee 136 Wnh SUbmical 9 PrallmFary PD auto plan CO dk e 19,050.00 Plua $40.]5 Perege u of k g 6MM SUbMOaI on l R :A Re views Reviews: AtlgSOm am se ndlee En9F eer'uq lla P See 523 (ag) and Fes (*37) ba. (u 9el (0397 and (K47) ee ( d45). IA e ala 02]45.00 Fn " d es n n rewew0 no t ape µ"0' Submitlel $2400.00 Fro _ pa ,)sal review 1 k 10 some µ51h SUbmiOal $5,1603,0 Fe m lap review > 10 some enng µTh SubmMel ReeldeMlah COVere2 53,590.00 'US E4715 per cue beyond 80 acres and orm of µ1M SUbmMal Raviavrs: AdNOanal Reweave ke k0owin8 En9aeenrg pmjM plan reWewfees Bea i 23 all parks (046), Fire(Y37) and legal (938) teas asa Me) f3,2t5'00 En Inemfl ro' d an nwewu to 50 ands NFN SUbmMal 15,525.00 En Feenn nrOWOw 50 k200 un7s µBh SubrrOtlal $8,070.00 En ineerin plan na i > 200 units µ40r 5ubmitlal Combined Comnbrdal 8 As Above Fees aelculnbd on NO predomLUM land use of µ5h SUbmMal T Resldenflal ka aaea Silo Plan E6lereion 1350.00 Exlemion forup k 180 days per Castle Rack WMBUbMtlel Municipal Coda seocon 17.60.160 F 10 Minor POgmudneend Plus Legal l$43)fee NStlr SUbnntlal 1 PD Sib Plan J 1 danSai: Cavam2 f3 A60.00 Plus one ofbe kllawing Engaeenng gojed Plan YYM BUbmMal evbss: Maonel Revews r eview fees and a Legal (140), Parks WM all a ee 123 Fee '/J M.(ass 'b) $3,230.00 aeedn m an mwewu b5gun"fts KSb SubmMal fs,025A0 En in00dn prance pan SO a 200 arm Vdb SUbmilbl 58,0]0.00 En heenn n review > 200 unib Y MIh Submitlsl 11 Commercial: Covere2 $2460.00 Plus all afma following Enoneenng Project plan µ58r SUb Reviews: Additional Reviews mWew uses and afl Legal (440). Pana(045) and 5:. Sae 023 Fat (03]7 lass (as apPropane $;765.00 Engineemg prejeot plan review up a teas Vu5lh SUbmMel 12850.00 En9Memag pmjed plan review 1 k 10a. VMh SubmMal 1$,160.00 En aeenn an review > 10 saes Neh SUbmNal 1 Stra1 hl2arm She Plan 1 ComremaNbedendat $4300.00 fluethek0owfng En9imemgpmjedplanm w VaSh SUbmMM COeere2 R.W .Addntonel f aoandall Lai;WM9).Psft(945or4s).sm Fire Reviews See123 fees asa $230100 En inee " q an review WO Sul6M0al 11 Preliminary Pal 1 mmwslaL Coven'2 $2,590.00 no. neoftlbkllonre Erpineedngpmjed Plan µ9h SUaaaB Raise.: AtldNanal Reviews review bas and ell, Fm (037) and Parks 1445) Bee 123 b as (as eppopn ue f2,965A0 E n Feen lanmfiewu tolaae V atb 5u0niMal $2630.00 E n Fear m' lap rewewt b 10 awes BubmNal $5.1]5AO E n penjece n na e. > 10 some 4 µtl1 Submitlzl 7 Development Services Land Application Fees (ERSNw January 1, 2008 and amermed March 12, 2008) PLANNING Fens Additional Coat/Comments Fees are collected -+Se Recla°miac Gwrs2 s25so.oo Pill $1625 parletberona zoo mns am one orth° vMn sabmi0al Reviews: Ad~SOnal RBViews folbxing engineering WOleM Plan reviewfeesand See 023 OR Pads (846), Fire (037) and foes (as a m rians) $3,225.00 En ineeri m tan reviewu to 50 units VAR, Submiael $2225.00 En Neerin knraview5o7200urns S"bmi0°I $0.070.00 En tread 7 Ian review > 200 arias ' SubmNal -1l Preliminary Plat Renewal $180.00 E si. of.dginW Prelmnary Plat 7rup7180 Vrllh SUbmMai days . 1 5 mbined PmlimimryPWV Atltl Fuwi PD Site VSN SubmdW F1 FiruIPG$a°Plan man Fa°and - - (ResiderNal andlor Mbu.M Pmllminary Plot Eau 1$ Final Plat Covers 2 Review: $2,430.00 Plus $15 per lot beyond 200 lets and one of the VTN Submlgai - Additional Reviews See R 23) following Eginreed, Fabled plan review MOO and all Paris (045 or 48), Fire (037) and Legal (042) fees as a m be $3,225.00 En Neadn re" kn reviewu to 20 units VrSth SUbmitkl $5,525.00 En ineern lo' knrevkw207250unas VdN SUbnueal I $6,070.00 En ineatln tan review> 250 unbs ~'tsnia°I 1T Administratlw MuRsp. $655.00 WSM SUbm Gel :1d Minor Pkt Gmec..nl $500.00 Nitil SUbmkal Motlificatlon "t$ ' Va"Oon of Plans of Recom, $720.00 Vvflh SubmNal . Right--VhY and Easemanb .'SO Spackl Permit Re0uesl for $820.00 NAN SUbmml Sign Pkra's, or - SubdlvlsloNNaighbodlootlN HIRE Ida iwdon Stan 21 Mics Fees S1A PUbliwtioNNOtiee Few $50.00 Fees to rawrwsk Of gating rro0cas in Me WM Ma SUbmMal Newspaper 2t Becoming Fees o.. Aa de7myned by Legal based on Moans Gunry Prior? rewmin9 the Mykr fines assessed ]2 His7ric PresarwVOn $755.00 WAh SUbmitlal 23 AdtllOaul Pan, ow Feet (per review • Planning $330.00 Chazge W'wsionsreguiMlgawbse0uentreview WN SUbmiaal beysntl MO revkvra plus One mine 7lbwin9 engineerin project tan review7es i.-. Engineering: Gmmerckl $490.00 Vrflh Submiaai Engineering: Residential 920.00 VOM SUbmkal 4 ENGINEERING Fees Additional Cost/ Comments Fees are collected Publie WOrb IGESC Permits : P 11. bbamiabin p a 52,725.00 Plua$1.48 per51,000va1ualion beyond $200000 At7imeof PemN Fee GEBC Gmmerciel: $310.00 Plus $6.81 mr$1,500 valuationupw$50,000 At Time ofpom 'I. Ins edson Fee $681.OD PIus 54.55 ar $1.000 Otl.ndk, beyond550,000 Attm°of Pemgt up to 5200.000 P $1,363.00 FT.. $74 Past ,gW wluaBOn beyond 5200,000 At Tme of Pemtl 21C PW Reaitlentlal: Insludmn $8,530.00 Plus $1321 Pef$1,000 wka0o Wbe d At Tme of Pemtil Fee $200,000 GESC Residential: Inspection $670.00 Plus $1150 Par$1,OOO.wlua0on up to$50A00 At Tmeo NPom Fee 51,115.00 Plus $7.60Iwr 51,000 wluation beyond $Sg,gW At r, me of Penh $2W.000 E 7 $2.285 .00 $4 Plu.62 per 51,000 valuation beyontl 2200,000 0 Tme of Palms 215 Extenalen Fee - P.M. Varied 5 0% of the original inspection One pmtlon of Me A t Tmepom Ex ns ais I mpmvemant noness mtil kes Requested 21F Re-Inspeclan Will) Per inspe2on WSN Chaiga Omer 216 Ban, may inspections 95.00 : P erhouf(1.Stune4eomNipym77r8pub W CMnge Omer Wads I aepanmem ova Sunday and HOttlay 5125.00 (3un s Porhour(3Nmsro pay retelor a Publ SN Change Corer I ns ns WpMSins ctor plus ua da Mi°m overhead) Righkf-WaY Permits: $385.00 O ver NeC rasr(vnthin rights of way) Review Time of Pemut ( pemila other Man new $ 104.55 Inspection 5280.45 `:%tl ewle meM O Sa Tax per Gbuktlon E ngineers Gat Estirtpk tlvide by 2 x.M, or Tme of Pennd E ngineers COnx.023 Development Services Land Application Fees (2fla00Va January 1, 2M u am dMamh 12,2008) Development Services Land Application Fees (Enwew January 1, 2008 and amended March 14 20081 BLDG PERMIT FEES Fees 11 11d11 On11 Cost / Comment; Fees are collected 47 TOblvaluatbn §0.00-SSOa00 $23.50 AtfmnB Of pemut Sw1.00-§2000.00 E23.501orNe first 5500 plus E3.05wreach timeofpenhat eWa Onal$100orfraction NemabandiWudng $2000 $200.00 to Efi926 for me fiM 52000 plus $14.w Mitten AtBmeof'ohn $251000.00 aaailpnel§1000 or fraction thereon. and Including 525,000 $25,001.00 to $39125 forme first $25,000.00 plus $10.10 for MMme apmm0 550,000.00 eau additional $1000whadm Nereoftoand indudng $50,000 - $50,001.00 to $643.76 for Me that $50,000.00 plus 5].00 for AtOmaapemd $100,000.00 each additional $1000-00 or5aelmn merea b and including $10CM $1001001.00 to 5993.75 mr Ne lust§100,000 plus $51D kreaM NMhesperms $500,000.00 addNOna1$1000orhactionmemn(Wand Including 5500,000 $000,001.00 to $3,233.75 for to Man swo.w0 plus $4.75br tim0 apemN $1,000,000.00 each additimirl$1,000 arfmtlbn thereof to and Including $1,aggoogg $1,000,000.00 and $5,606.]5 Write Met $1.000.000.00 plus E3.85bf Mme ape up each addNOn81$10,000 orhadon thereof -4$ Mbe. Permit Fees $50.00 each WIH, FUmacelnablladoN 1 i I: I, me Me and Al time a perms Reaaof pemtits (resiaantlal only. commercial taasidomachmisslaudgma 4200.00 DESC (Damage e:.u.n antl Smarent cumnso Ata-Or pamN Oder Inspections and Fees InspecBOM $12500 mmimum let hountlon+$50.00 for each Priorb lnepecbon ouaide of normal additional inspection busmless hour R hspecll Fast 550.00 Prior W Impec6an Special ' $50.00 Per inspection Poorb Inspection Ins one Elevatdrl6emlabr 5150 perlnspedion To lnwins Owner Inc tlorn AtlaMOml Plan $50.00 Par hour ($50.00 minimum) Reviews Plan Revisions $50.00 perhour ($50.00 minimum) Waned $50.00 per hour (350.00 minimum) Submihab Oubitla e..UfM Actual wait §25.00 lam reed, fee a lmost' Plan reviewbes am 65S of hid . rtntl bee - 51 NOW, Use Tax=iT ;Uatmn x4.6% i MIS. FEES F - Fees Additional Cost / Comments Fees are collected '3 Building Department Resthmping of Plans $50.00 per hour Repents $610 Up an 25 pages, Nen.25 mots D Open Recortls Requests 550.00 perhour d.m SlaRMme to assemGe requasbd dowmenatbn SignC a $6.00 Return checks 12510 3$ Publicatione/COpies For any coq request ow r50 pages, Ne Tpan _ meen,es NedgMb send Newpyrequestbom o WMe swore. Requesting party veil be r es nsibheforectual costs aw 'n . S w less pages $0.00 6 or more pages $0.35 P er Page 11x17 SO1o P er page Code 600ka Aeiwi Debt r 5% hantllin fee 54 large Format Copies (24 f710 F or my wpy request over 5 pages, the TOan : x 36) re se. Me ri l tto send Me co, rcqueab en s alads, sums. Requesting Pant will he r ee nsible for actual wsls cojn~ xT) $7.50 S hea Guide $710 S ubdivision $7.50 G enarelizetl Zoning $7.50 Wwnt Zwmg $710 D eFilea Zoning $7.50 S kytina RidgelOre $7.50 E beO DDislrias $7.50 P ans, Reweerfion 8Open Spew Aehal COet Cuafom Maps as ordered Nmugh GlS 10 Development Services Land Appllcation Fees (Enxe~ Jewry 1, 2008 wa.e dMa.h It 2888) The attached Fee Schedules, consisting of eleven (11) pages, are approved this 20th day of December 2007. These fees will be effective January 1, 2008. Mark Stevens, Town Manager From: Rob Osborn [mailto:rosborn@wheatridge2020.org] Sent: Friday, August 08, 2008 2:12 PM To: 'Patrick Goff Cc: 'Randy Young' Subject: RE: Building Issues Hi Patrick, we are receiving proposals. I will give you an update on Monday. 1. The memo on housing was prepared at Randy's request for clarification about our program and why, and how it is being administered. I made the power point presentation for Council at the mayor's request 2 meetings ago as part of his request for WR2020 updates on the record. The housing authority and WR2020 both made presentations that night regarding our programs for housing development. You may have been on vacation. I'm not sure that you need to take any action on the memo or power point. I believe it was for reference and consideration by Randy..... Let me know if you/Randy would like more information on that area of our programs. 2. The Mayor's memo is his work. At his request, I forward him a copy of the memo 1 sent to you and Randy 2 weeks earlier regarding my research and thoughts. His final recommendations area little different than mine but in the same ballpark. I think it would be a good idea to have Ken you and I review the recommendations, and brainstorm on a policy that will help keep residential rehab administrative costs down, but provide appropriate oversight for the building department regarding proposed rehab projects. On this issue I strongly recommend that permit fees be based on the value of work that requires a permit and actual inspection under the IRC Code R105.1. I recommend that finish work, non- permitted or not requiring inspections, should not be included in assessing a project value. I also recommend flexibility in over the counter permit costs. Flat fees are easy to assess and track, and make it easy for a homeowner to determine the costs of permits as they are considering doing modest renovations or upgrades. 3. 1 still have questions on the permit fees for some of the projects we have in the works. I am attaching a spread sheet for your review. Please call me if you need help understanding the format. My major questions are on projects where individual permits were pulled and valued, and then at the request of the CBO a full rehab permit was pulled for the same projects. It appears that there may have been a duplication in assessment of the fees because the rehab permit fee did not credit the prior permit costs. If so, it might be good to have these fees appropriated as a credit to WR2020 projects or the individual contractors on future permit fees. My second question is related to the methods of project valuation that outline the permit fees, who or what schedule is determining the values? Thanks for the help. Robert J. Osborn, Esq. Executive Director Wheat Ridge 2020 720-259-1030 www.WheatRidoe2020 ore The inform-.,don conzaincd in this eommnnitatinn is intended solely fnr the we of the recipient named abov_ .,]is Protected by .corpuza,r wntidcuduliq Policie. and l.nv.. rh this nonce. V., m:dvcr occurs by,iauc of it hciu_ sent clectrnniealh'. Thio come. from Wheat Ridge 2020, Inc. If cnu arc not the intended recipient: Pkase call ns a (720)?59-IU30 nr a-mail dm sender of the ertur and lmmediat,k dclesc thic mcs.uge from ynur..ystem. Plca=e note that ,.N nn:mthorrzcd use, dixsernination, diuribution or copying of this eommunir.,don is stricdc end legally prohibited. From: Patrick Goff [mailto:pgoff@ci.wheatridge.co.us] Sent: Friday, August 08, 2008 10:21 AM To: Rob Osborn Cc: Randy Young Subject: Building Issues Hi Rob, At the request of Randy 1 have received from you the following documents/information over the last several weeks: 1. White Page Memo regarding WR2020 housing projects, including PowerPoint 2. Memo dated July 16th from Jerry DiTullio with recommendations for the adoption of the 2006 IBC and other City of Wheat Ridge process recommendations (I'm assuming these are your recommendations?) I would like to verify that these are your priority issues to date that you would like the City to consider? If so, we will work through your recommendations and respond ASAP. If you have other priority recommendations, please forward those ASAP. Are the proposals for 44th and Wadsworth filling up your office today? Thanks Patrick Goff Deputy City Manager 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2805 Cell Phone: 303-995-6465 Fax: 303-235-2805 www.ci.wheatrid9:e.co.us City of W heat F~,~ (.7 [Y \th\'R(+rR'ti (Trf1Cr CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. 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