HomeMy WebLinkAboutCouncil Packet 02/09/20096:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
February 9, 2009
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 January 26, 2009
PROCLAMATIONS AND CEREMONIES
Proclamation - 2009 Spay Day Wheat Ridge - February 22, 2009
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.
Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard.
APPROVAL OF AGENDA
Item 1. CONSENT AGENDA
A. Resolution 08-2009 - A Resolution amending the fiscal year 2008 General
Fund Budget to reflect the approval of a supplemental budget appropriation to
the City of Denver for $3,558.59 for an overpayment of expenses related to
the Democratic National Convention.
CITY COUNCIL AGENDA: February9, 2009
Page -2-
B. Resolution 09-2009 - A Resolution amending the fiscal year 2008 General Fund
Budget to reflect the approval of a supplement budget appropriation for the annual
sales tax increment payment to the Wheat Ridge Urban Renewal Authority in the
amount of $201,241.
C. Resolution 10-2009 - A Resolution amending the fiscal year 2008 General Fund
Budget to reflect the approval of a supplemental budget appropriation for the Wheat
Ridge Cyclery sales tax increment payment to the Wheat Ridge Urban Renewal
Authority in the amount of $12,154.60.
D. Payment to the Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2009
Workers' Compensation premium in the amount of $270,085.00 and 2009
Property/Casualty Premium in the amount of $165,450.00.
E. Approval of the annual assessment fee to the Table Mountain Animal Center to
maintain adequate animal shelter support to the Wheat Ridge Police Department
and the citizens of the City of Wheat Ridge in the amount of $25,168.94.
F. Award renewal contract of RFB-07-11 Activities Guide Printing Services to
Publication Printers in the amount of $39,304.
G. Award ITB-09-01 2009 Crack Seal Project to Coatings Inc. in the amount of
$52,171.00.
H. Resolution 11-2009 - A Resolution amending Resolution 01, Series of 2001, A
Resolution declaring the need for and establishing a Housing Authority to function in
the City of Wheat Ridge, Colorado.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. Council Bill 01-2009 - An Ordinance amending Article IV of Chapter 21 of
the Code of Laws of the City of Wheat Ridge entitled Courtesy Bus
Benches and Bus Stop Shelters. (Amended)
ORDINANCES ON FIRST READING
Item 3. Council Bill 02-2009 - An Ordinance amending Chapter 26 of the Code of
Laws of the City of Wheat Ridge concerning Zoning District Boundary
discrepancies and interpretations.
(Case No. ZOA-08-06)
CITY COUNCIL AGENDA: February 9, 2009
Page -3-
Item 4. Council Bill 03-2009 - An ordinance Ridge conce ninlg F of Chapter oodplain26
of the Code of Laws of the City of Wheat
Administrator decision-making authority & Floodplain Development
Standards.
(Case No. ZOA-08-09)
Item 5. Council Bill 04-2009 - An Ordinance
concerning Urban Renewal. 11 of Chapter 25 of
the Wheat Ridge Code of La
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
MW mm, 01 mnm~
CITY OF WHEAT RIDGE, COLORADO
January 26, 2009
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers
present: Karen Adams, Karen Berry, Dean Gokey, Tracy Langworthy, Terry Womble, Lena
Rotola, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager,
Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of
Community Development, Kenneth Johnstone; Director of Public Works, Tim Paranto; Senior
Planner, Meredith Reckert; staff; and interested citizens.
APPROVAL OF MINUTES OF January 12, 2009
Motion by Mr. Gokey for approval of the Minutes of January 12, 2009; seconded by Mrs. Sang;
carried 8-0.
CITIZENS' RIGHT TO SPEAK
John McMillin spoke in objection to the City Manager's decision to remodel the City
Hall Lobby, removing the wooden City Emblem and City Motto which displayed on the
wall since the opening of City Hall.
Elaine Slattery spoke of the history of the hand-made wooden City Motto and City
Emblem which hung in the City Hall lobby before the remodel. She cited the Council's
award letter to the winner of the design contest that took place in 1977 and which states
the motto and emblem will remain permanently installed in City Hall. Mrs. Slattery
submitted the letter to the City Clerk (included in this packet).
Rhonda Champion expressed her shock at finding the unexpected and unwarranted
remodeling of the City Hall lobby. She believes the City has displayed a pattern of
exclusion of the residents it serves instead of inclusion over the past several years,
often doing things against the wishes of its citizens.
Motion by Mrs. Sang that the City Motto be placed back on the Lobby wall where it was
originally; seconded by Mr. Womble;
Motion to amend by Mr. Gokey that the City Emblem also be replaced in the City Hall
Lobby. Mrs. Sang agreed to amend this to her original motion.
Mr. Gokey Called for the Question; carried 7-1 with Mrs. Rotola voting No.
Original Motion as amended carried 7-1 with Mrs. Adams voting No.
CITY COUNCIL MINUTES: January 26, 2009 Page -2-
APPROVAL OF AGENDA
Item 1. CONSENT AGENDA
A. Resolution 06-2009 - A Resolution approving purchase of a
replacement Police Sedan with all required equipment and markings,
amending the fiscal Year 2009 Public Works Operations Budget, and
in connection therewith, approval of a supplemental budget
appropriation in the amount of $36,810.00.
B. Approval of the annual renewal for the Cartegraph System in the
amount of $27,715.00.
C. Approval of the annual renewal for the Computer Aided Dispatch and
Records Management System in the amount of $65,326.00.
D. Approval of the purchase of two marked Police Sedans, two small 4x4
Light Duty Pickup Trucks, one small 4x2 Light Duty Pickup Truck, one
large 44 Heavy Duty Pickup Truck, and one 60,000 GVW Tandem
Axle Cab and Chassis Truck in an amount not-to-exceed $315,000.00.
Consent Agenda was introduced and read by Mrs. Sang.
Mr. Stites asked to pull Item 1 D from the Consent Agenda.
Motion by Mrs. Sang for approval of Consent Agenda Items A, B and C; seconded by
Mrs. Rotola; carried 8-0.
Motion by Mr. Stites to approve the purchase of two (2) 2009 Crown Victoria Police
Option Marked Sedans in the amount of $21,625.00 each, one (1) 2009 Dodge Dakota
4x4 Pickup for the Police Department - Community Services in the amount of
$18,713.00 and for approval to purchase, install and/or relocate auxiliary equipment
required for the operation of the replacement vehicles; seconded by Mrs. Sang;
Motion to amend by Ms. Berry to also approve the purchase of one (1) 2009 Dodge
Dakota 4x4 pickup for the Community Development Department in the amount of
$17,636.00 and one (1) 2009 International 7500 6x4 Cab & Chassis Truck in the
amount of $91,114.00; seconded by Mrs. Rotola; tied 4-4 with Council Members Gokey,
Stites, Sang and Womble voting No. Mayor DiTullio broke tie against, voting No; motion
to amend failed 5-4.
Original motion by Mr. Stites carried 5-3 with Council Members Berry, Adams and
Rotola voting No.
Council Member Womble left the meeting at 7:52pm due to illness.
CITY COUNCIL MINUTES: January 26, 2009
ORDINANCES ON FIRST READING
Page -3-
Item 2. Council Bill 01-2009 - An Ordinance amending Article IV of Chapter 21 of
the Code of Laws of the City of Wheat Ridge entitled Courtesy Benches
and Bus Stop Shelters.
Council Bill 01-2009 was introduced on first reading by Mrs. Rotola.
Motion by Mrs. Rotola to approve Ordinance No. 01-2009, An Ordinance Amending
Article IV of the Chapter 21 of the Code of Laws of the City of Wheat Ridge Entitled
Courtesy Benches and Bus Stop Shelters; seconded by Mrs. Langworthy.
Substitute Motion by Mrs. Rotola to approve Council Bill 01-2009 on first reading, order
it published, public hearing set for Monday, February 9, 2009 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication; seconded by
Council Members Langworthy and Adams.
Motion for substitution carried 5-2 with Council Members Sang and Berry voting No.
Substitute Motion carried 6-1 with Mrs. Sang voting No.
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 3. Resolution 04-2009 - A Resolution finding a Petition for Annexation of
land located in Sections 19 and 20, Township 3 South, Range 69 West of
the Sixth Principal Meridian, County of Jefferson, State of Colorado, to be
in substantial compliance with Section 31-12-107(1), Colorado Revised
Statutes and setting a hearing date to consider the annexation.
Resolution 04-2009 was introduced by Mr. Stites who read the Executive Summary.
Motion by Mr. Stites to adopt Resolution 04-2009 and setting a first reading date of
February 23, 2009 on an Annexation Ordinance, and a public hearing date of March 23,
2009; seconded by Mr. Gokey; carried 7-0.
CITY COUNCIL MINUTES: January 26, 2009
Page -4-
Item 4. Resolution 05-2009 - A Resolution approving a two-lot Subdivision Plat
with variances and waivers of right-of-way dedication and public
improvements installation for property zoned R-1, Residential-One,
located at 2690 Pierce Street.
(Case No. WA-08-14/MS-08-01 /Reinhart)
Mayor DiTullio opened the Public Hearing and gave oath to all citizens giving testimony.
Resolution 05-2009 was introduced by Ms. Berry who read the Executive Summary.
Ms. Berry informed the Council of her receiving calls from citizens on this quasi-judicial
matter recently but that she did not discuss the matters of the case, only the procedures
of the hearing. She also had recent conversations with the applicant, Mr. Reinhart,
none of which pertained to this case.
Mr. Gokey cited having recent conversations with Mr. Reinhart, none of which pertained
to this case.
Mrs. Reckert provided the Staff summary presentation (included in this packet).
Davis Reinhart, applicant and property owner, demonstrated to Council the process
and reasoning followed in arriving at the presently proposed Plat. Mr. Reinhart requests
that Council approve his request for variance from Public right-of-way dedications, citing
the damage, cost and negative impact that would be incurred in removing the mature
Silver Maple trees that currently exist in the requested right-of-way.
Mayor DiTullio called for a break at 8:44pm; resuming at 8:57pm.
Cliff Selby noted the value of the existing trees on the property to the neighborhood
character. He argued that considering the budgetary challenges in the City currently we
don't want sparse City funds spent on a sidewalk that would not connect to any other
segment of sidewalk in the area.
Scott Ernest contended that a new home built in this location would interfere with the
view from his home that currently adjoins the property in question. He also argued that
the approval of this subdivision and the variances required to approve the building of the
additional home would adversely affect his and his neighbors' property values.
Motion by Ms. Berry to approve Case No. WA-08-14, a request for approval of a 6' lot
width variance and a 4.3 foot side setback variance for Lot 2 in conjunction with Case
No. MS-08-01, for the following reasons:
1. Granting of the variances would not alter the character of the area.
2. There are numerous lots with nonconforming widths and setbacks in the area,
including several approved as variance requests by the Board of Adjustment.
3. Granting of the variances should not impair the amount of light and air to
adjacent properties, increase congestion in the public streets or increase fire
danger.
Seconded by Mrs. Sang; carried 7-0.
CITY COUNCIL MINUTES: January 26, 2009
Page -5-
Mr. Gokey asked for a Council concession to allow further public testimony.
Mr. Ernest contended that if a seventh Planning Commission member had been present
when they heard this case, even with that affirmative vote the Commission would not
have reached a 75% majority to recommend approval of the applicant's requests.
Motion by Ms. Berry to deny a request for variances for street right-of-way dedications
for Pierce and W. 28th Avenue in conjunction with case No. MS-08-01, for the following
reasons:
1. It is City Policy to bring streets with insufficient right-of-way up to City standards.
2. It will further the future general health, safety and welfare of the City.
Motion failed due to lack of a second.
Motion by Mrs. Sang to approve a request for variances for street right-of-way
dedications for Pierce and W. 28th Avenue in conjunction with case No. MS-08-01, for
the following reasons:
1. There is no other curb, gutter and sidewalk on the east side of Pierce Street
between W. 26th and W. 29th Avenues.
2. The right-of-way for W. 28th Avenue was vacated in the 1950's and there is no
other curb, gutter and sidewalk on the south side of W. 28th Avenue between
Pierce and Newland streets.
Seconded by Mr. Gokey; carried 6-1 with Ms. Berry voting No.
Motion by Ms. Berry to approve Resolution 05-2009 for the following reason:
All technical requirements of the subdivision regulations have been met.
With the following conditions:
1. All typographical errors on the plat document be corrected.
2. Add the following case number to the case history box: WA-08-14.
3. The payment of parkland dedication fees occur prior to the recordation of the
plat;
Seconded by Mrs. Sang; carried 7-0.
CITY COUNCIL MINUTES: January 26, 2009
ELECTED OFFICIALS' MATTERS
Page -6-
Motion by Mr. Gokey to direct Staff to bring forth an Ordinance to allow citizen representatives
from other City Districts to fill positions on the Wheat Ridge Urban Renewal Authority for which
no citizens in those districts have expressed interest and to prepare a Resolution doing the
same for the Wheat Ridge Housing Authority; seconded by Mrs. Sang; carried 6-1 with Mrs.
Adams voting No.
Meeting adjourned at 9:45p.m.
A445X-Is-
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON FEBRUARY 9, 2009 BY A VOTE OF to
Wanda Sang, 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.
PROCLAMATION
2009 SPAY DAY WHEAT RIDGE
FEBRUARY 22, 2009
WHEREAS, cats and dogs provide companionship to and share the homes of over
71,000,000 individuals in the United States; and
WHEREAS, humane societies and shelters have to euthanize approximately four million
cats and dogs each year, although many of them are healthy and adoptable, due to a
lack of critical resources such as money, space, and good adoptive homes; and
WHEREAS, the problem of pet overpopulation costs the taxpayers of this country
millions of dollars annually through animal control programs aimed at coping with the
millions of homeless cats and dogs; and
WHEREAS, spaying and neutering cats and dogs has been shown to drastically reduce
cat and dog overpopulation; and
WHEREAS, veterinarians, humane societies, national and local animal protection
organizations, and private citizens worked together to ensure the spaying or neutering
of more than 32,000 companion animals through "Spay Day USA" in 2008; and
WHEREAS, veterinarians, humane societies, national and local animal protection
organizations, and private citizens have joined together again to advocate the spaying
and neutering of companion animals on "Spay Day USA 2009":
THEREFORE, I do hereby call upon all citizens of Wheat Ridge to observe February 22,
2009, as "Spay Day Wheat Ridge" by having their own cats or dogs spayed or neutered
or by sponsoring the spaying or neutering of another person's cat or dog.
DONE AND RESOLVED THIS 9th DAY OF FEBRUARY, 2009
Michael Snow, City Clerk
V~4i
City of
" ITEM NO: L-A REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: February 9, 2009
TITLE: RESOLUTION 08-2009 - A RESOLUTION AMENDING THE
FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION TO THE CITY OF DENVER FOR $3,558.59 FOR
AN OVERPAYMENT OF EXPENSES RELATED TO THE
DEMOCRATIC NATIONAL CONVENTION.
❑ PUBLIC HEARING
❑ BIDS/MOTIONS
® RESOLUTIONS
❑ ORDINANCES FOR 1 IT READING
❑ ORDINANCES FOR 2ND READING
Quasi Judicial: ❑ YES
w'`.
e o ice A,071 tJ&~
EXECUTIVE SUMMARY:
® NO
u~r
City Man r
The Wheat Ridge Police Department entered into an Intergoverrunental Agreement with the City of
Denver to provide police officers to aid in the security response for the Democratic National
Convention held in August of 2008. That agreement identified the amount that was to be paid by the
City of Denver to the City of Wheat Ridge based on the hours worked by our personnel specific to
this event, equipment used for the DNC. and staff time used in planning for this event. The City of
Denver overpaid the City of Wheat Ridge by the amount of $3,558.59. This amount will need to be
reimbursed to the City of Denver.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The department kept detailed records of hours worked by police staff regarding the reimbursement
rules outlined in the Intergovernmental Agreement (IGA) between the City of Denver and the City
of Wheat Ridge. After the City of Denver provided the final reimbursement payment to the City of
Wheat Ridge in December 2008, a check of those figures discovered that Denver had calculated the
reimbursement in the "Planning/Clerical" category differently than we had. Our figures indicated
that the total reimbursement should have been $156,107.10. Denver paid $159,665.69.
The Denver Police Department was contacted and recommended that the reimbursement check be
accepted, until such time that a thorough review of the discrepancy in the reimbursement could be
conducted due to their DNC grant timelines. The full amount of the reimbursement was deposited
into the General Fund. Both departments conducted a review of these figures to include each
category of payment and hours worked. The Denver Police Department agreed that there had been
an overpayment and has requested that the overage be paid back to the City of Denver.
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
$3,558.59 to be paid to the City of Denver.
RECOMMENDED MOTION:
"I move to approve Resolution 08-2009 - A resolution amending the fiscal year 2008 General Fund
Budget to reflect the approval of a supplemental budget appropriation to the City of Denver for
$3,558.59 for an overpayment of expenses related to the Democratic National Convention."
or,
"I move to deny the approval of Resolution 08-2009 for the following reason(s):
Report Prepared by: Dave Pickett, Lieutenant
Report Reviewed by: Daniel Brennan, Chief of Police
ATTACHMENTS:
1. Resolution No. 08-2009
ATTACHMENT I
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 08
SERIES OF 2009
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2008
GENERAL FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION TO THE CITY OF DENVER FOR
$39558.59 FOR AN OVERPAYMENT OF EXPENSES
RELATED TO THE DEMOCRATIC NATIONAL
CONVENTION
WHEREAS, the City of Wheat Ridge entered into an Intergovernmental
Agreement (IGA) with the City and County of Denver to provide personnel resources
and equipment for the security of the Democratic National Convention (DNC); and
WHEREAS, the City and County of Denver paid the City of Wheat Ridge
$159,665.69 for services provided for the DNC which were deposited in the City's
General Fund Budget; and
WHEREAS, an overpayment for services provided in the amount of $3,558.59
was discovered; and
WHEREAS, the City and County of Denver has requested a reimbursement of
this overpayment in the amount of $3,558.59;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE,
CITY OF WHEAT RIDGE THAT:
1. The City of Wheat Ridge fiscal year 2008 General Fund Budget be
amended accordingly, specifically transferring a total of $3,558.59 from
General Fund unreserved fund balance into account #01-201-700-799.
DONE AND RESOLVED THIS 9th day of February, 2009.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
City of
r?. W heat idge
ITEM NO: I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL, MEETING DATE: February 9, 2009
TITLE: RESOLUTION 09-2009 - A RESOLUTION AMENDING THE
FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION FOR THE ANNUAL SALES TAX INCREMENT
PAYMENT TO THE WHEAT RIDGE URBAN RENEWAL
AUTHORITY IN THE AMOUNT OF $2019241
❑ PUBLIC HEARING ❑ ORDINANCES FOR I ST READING (Date: )
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
® RESOLUTIONS
Quasi-Judicial: ❑
Yes No
Deputy City Manager
Cam)
City Mana
EXECUTIVE SUMMARY:
The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981 which
provided for the utilization of sales tax increment in the commercial area east of Wadsworth
Boulevard, between West 38`' Avenue and West 44`h Avenue. The City adopted Resolution 1559 on
October 15, 1996 to approve the Intergovernmental Agreement (IGA) between the City of Wheat
Ridge and the Wheat Ridge Economic Development and Revitalization Commission (EDARC), now
the Wheat Ridge Urban Renewal Authority (WRURA), for the allocation of sales tax incremental
revenue for the Wheat Ridge Town Center. The IGA amended the Wheat Ridge Town Center Urban
Renewal Plan to: 1) include the new Safeway which moved into the Town Center urban renewal area;
2) set the allocation of sales tax increment revenue at 50 percent to WRURA and 50 percent to the
City; and 3) set the maximum sales tax increment to be utilized by WRURA at $100,000.00 per fiscal
year.
On October 22, 2007, Council approved Resolution 44 which amended the iGA to remove the
$100,000 annual sales tax increment cap. The total sales tax increment generated by the Town Center
project in 2008 was $602,481. Fifty percent, or $301,241, is to be shared back with the WRURA. The
2008 General Fund Budget included $100,000.00 for the Wheat Ridge Town Center sales tax
increment agreement based on the previous IGA. Therefore, a supplemental budget appropriation in
the amount of $201,241 is required to balance the 2008 Budget.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
The cap on the annual sales tax increment share back to the WRURA has been removed; therefore the
2008 Budget must be amended accordingly.
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
The 2008 General Fund Budget included a budget of $100,000 for the sales tax increment payment to
the WRURA. The total sales tax increment due to the WRURA for the 2008 fiscal year is $301,241. A
supplemental budget appropriation is requested in the amount of $201,241. There are adequate funds
in the General Fund unreserved fund balance to meet this request.
"I move to approve Resolution 09-2009 - A Resolution Amending the Fiscal Year 2008 General Fund
Budget to Reflect the Approval of a Supplemental Budget Appropriation for the Annual Sales Tax
Increment Payment to the Wheat Ridge Urban Renewal Authority in the Amount of $201,241."
or,
"I move to postpone indefinitely Resolution 09-2009 - A Resolution Amending the Fiscal Year 2008
General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for the Annual
Sales Tax Increment Payment to the Wheat Ridge Urban Renewal Authority in the Amount of
$201,241 for the following reason(s) "
Report Prepared by: Patrick Goff, Deputy City Manager
Reviewed by: Randy Young, City Manager
Attachments:
1. Resolution 09-2009
City of Wheat Ridge, Colorado
RESOLUTION 09
Series of 2009
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR
2008 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION FOR THE ANNUAL
SALES TAX INCREMENT PAYMENT TO THE
WHEAT RIDGE URBAN RENEWAL AUTHORITY
(WRURA) IN THE AMOUNT OF $201,241
WHEREAS, $100,000 was included in the adopted 2008 Budget for the sales tax
increment payment to WRURA pursuant to the IGA between the City and the WRURA;
and
WHEREAS, Resolution 1559-1996 set the maximum sales tax increment to be
utilized by WRURA at $100,000.00; and
WHEREAS, the IGA was amended on October 22, 2007 to remove the $100,000
sales tax increment cap; and
WHEREAS, sales tax increment revenue exceeded the budgeted amount by
$201,241;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge fiscal year 2008 General Fund Budget be
amended accordingly, specifically transferring a total of $201,241 from
General Fund unreserved fund balance into account #01-105-700-720.
DONE AND RESOLVED THIS day of February 2009.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
ATTACHMENT I
- , City of
/ Wheat~idge
ITEM NO: I
REQUEST FOR CITY COUNCIL ACTION
III II
COUNCIL MEETING DATE: February 9, 2009
TITLE: RESOLUTION 10-2009 - A RESOLUTION AMENDING THE
FISCAL YEAR 2008 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION FOR THE WHEAT RIDGE CYCLERY SALES
TAX INCREMENT PAYMENT TO THE WHEAT RIDGE URBAN
RENEWAL AUTHORITY IN THE AMOUNT OF $12,154.60
❑ PUBLIC HEARING ❑ ORDINANCES FOR I ST READING (Date: )
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
® RESOLUTIONS
Quasi-Judicial: ❑
Yes No
olkUJACI
Deputy City Manager
City Maria
r
EXECUTIVE SUMMARY:
The WRURA and the Wheat Ridge Cyclery entered into an Improvements Agreement on March
20, 2007 for improvements to the Cyclery property located at 7085 W. 38°i Avenue. It was the
WRURA's desire to assist the Cyclery in making a number of improvements to the property,
which would improve the public appearance of the property, remedy its deterioration, maintain a
positive business environment in the neighborhood, and serve as an anchor to attract other
desirable businesses to the neighborhood.
As an inducement to the Cyclery to complete certain improvements, WRURA agreed to reimburse
to the Cyclery those costs associated with these improvements by implementing tax increment
financing. Under the Agreement, the Cyclery will be receiving 100% of both the property tax and
sales tax incremental revenue generated by the expansion of the business.
The Agreement establishes WRURA's maximum obligation for reimbursement at $264,180, or 10
years of sales and property tax increment, whichever occurs first. The maximum obligation is
equal to the estimated costs of the Eligible Improvements.
The total sales tax increment generated by the Wheat Ridge Cyclery project in 2008 was $12,154.60.
These funds are due to the Wheat Ridge Urban Renewal Authority who will in turn make payment to
the Wheat Ridge Cyclery. Funds were not budgeted in the 2008 General Fund budget for this expense;
therefore, a supplemental budget appropriation in the amount of $12,154.60 is required to balance the
2008 budget.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
None
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
The 2008 General Fund Budget did not include funds for the Wheat Ridge Cyclery sales tax increment
payment to the WRURA. The total sales tax increment due to the WRURA for the 2008 fiscal year is
$12,154.60. A supplemental budget appropriation is requested in the amount of $12,154.60. "there are
adequate funds in the General Fund unreserved fund balance to meet this request.
"I move to approve Resolution 10-2009 - A Resolution Amending the Fiscal Year 2008 General Fund
Budget to Reflect the Approval of a Supplemental Budget Appropriation for the Wheat Ridge Cyclery
Sales Tax Increment Payment to the Wheat Ridge Urban Renewal Authority in the Amount of
$12,154.60."
or,
"I move to postpone indefinitely Resolution 10-2009 - A Resolution Amending the Fiscal Year
2008 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for
the Wheat Ridge Cyclery Sales Tax Increment Payment to the Wheat Ridge Urban Renewal
Authority in the Amount of $12,154.60 for the following reason(s):
~1
Report Prepared by: Patrick Goff, Deputy City Manager
Reviewed by: Randy Young, City Manager
Attachments:
1. Resolution 10-2009
2. Wheat Ridge Urban Renewal Authority Improvements Agreement
City of Wheat Ridge, Colorado
RESOLUTION 10
Series of 2009
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR
2008 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION FOR THE WHEAT
RIDGE CYCLERY SALES TAX INCREMENT
PAYMENT TO THE WHEAT RIDGE URBAN
RENEWAL AUTHORITY (WRURA) IN THE
AMOUNT OF $12,154.60
WHEREAS, the WRURA and the Wheat Ridge Cyclery entered into an
Improvements Agreement on March 20, 2007 for improvements to the Cyclery property;
and
WHEREAS, as an inducement to the Cyclery to complete certain improvements,
WRURA agreed to reimburse to the Cyclery those costs associated with these
improvements by implementing tax increment financing; and
WHEREAS, the Agreement establishes WRURA's maximum obligation for
reimbursement at $264,180 or 10 years of sales and property tax increment, whichever
occurs first; and
WHEREAS, the total sales tax increment generated by the Wheat Ridge Cyclery
project in 2008 was $12,154.60;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge fiscal year 2008 General Fund Budget be
amended accordingly, specifically transferring a total of $12,154.60 from
General Fund unreserved fund balance into account #01-105-700-718.
DONE AND RESOLVED THIS day of February 2009.
ATTEST:
Jerry DiTullio, Mayor
Michael Snow, City Clerk
ATTACHMENT I
WHEAT RIDGE URBAN RENEWAL AUTHORITY
IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made and entered into this - ( day of #6CL , 2007, by
and between the Wheat Ridge Urban Renewal Authority ("WRURA"), and the Wheat Ridge
Cyclery, with a business address of 7085 West 38`h Avenue, Wheat Ridge, CO 80033 (the
"Cyclery") (collectively referred to herein as the "Parties").
WHEREAS, WRURA is authorized under the provisions of Colorado's Urban Renewal
Law, C.R.S. § 31-25-101, et seq., to enter into agreements and provide financial incentives for
the redevelopment of property to eliminate blight;
WHEREAS, such redevelopment may be made and encouraged by granting financial
assistance to persons who reside within WRURA boundaries, to businesses within the WRURA
boundaries, and to owners of property within WRURA boundaries;
WHEREAS, the Cyclery owns a business located at 7085 West 38`h Avenue, Wheat
Ridge, CO 80033, the legal description of which is attached hereto as Exhibit A (the
"Property"), which is within the WRURA boundaries, and which provides an important
economic base for the City of Wheat Ridge (the "City");
WHEREAS, WRURA desires to assist the Cyclery in making a number of improvements
to the Property, which shall improve the public appearance of the Property, remedy its
deterioration, maintain a positive business environment in the neighborhood, and serve as an
anchor to attract other desirable businesses to the neighborhood;
WHEREAS, the Cyclery desires to expend additional funds as part of the redevelopment
of the Property that will assist in remedying blight and preventing future blight in the area, and
WRURA desires to assist in providing this additional funding directed towards blight prevention
and elimination; and
WHEREAS, WRURA desires to reimburse the Cyclery for its expenditures by paying to
the Cyclery the sales and property tax increments WRURA receives from the Property, pursuant
to the terms set forth in this Agreement.
NOW, THEREFORE, in order to promote redevelopment and eliminate blight within the
WRURA boundaries, and in consideration of the promises herein contained, the Parties hereby
agree as follows:
1. Definitions.
a. "Property Tax Increment" means the amount of property taxes paid to the
County for the Property and then paid to WRURA by the County over and above the base
amount of property tax last certified to the County for the Property prior to WRURA's
implementation of property tax increment financing for the Property.
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ATTACHMENT 2
b. "Sales Tax Increment" means the amount of sales tax generated by the
Cyclery and collected by the City over and above the base amount of sales tax generated
by the Cyclery on the Property and collected by the City in the year immediately
preceding WRURA's implementation of sales tax increment financing for the Property.
2. Improvements.
a. Attached to this Agreement as Exhibit B is a list of the Cyclery's plan for
certain public improvements to the Property, which are referred to collectively as the
"Eligible Improvements." The Eligible Improvements shall be constructed in compliance
with approved construction plans by a licensed contractor qualified to perform the work.
b. The Cyclery agrees to complete the Eligible Improvements on or before
October 1, 2007. Completion of the Eligible Improvements shall be deemed to have
occurred upon final acceptance of the Eligible Improvements by the City. The Eligible
Improvements shall be completed by October 1, 2007 regardless of cost increases or
other unforeseen circumstances.
3. Sales and Property Tax Increment Rebates.
a. Sales Tax Increment. As an inducement to the Cyclery to complete the
Eligible Improvements, WRURA agrees to set aside and thereafter rebate to the Cyclery,
on the percentage basis identified herein, the Sales Tax Increment generated by the
Cyclery to a maximum aggregate amount set forth in Section 4 of this Agreement. Such
rebate shall be subject to the following:
i. Commencing upon completion of the Eligible Improvements,
WRURA shall rebate to the Cyclery one hundred percent (100%) of all Sales Tax
Increment generated by the Cyclery and received by WRURA. The rebates shall
be made annually on January 31st of each year, and shall be for the preceding
year.
ii. If, in any year, no Sales Tax Increment is generated by the Cyclery
and received by WRURA, no rebate shall be due to the Cyclery for that year.
iii_ The Sales Tax Increment rebate payable to the Cyclery shall be
prorated for the initial year such rebate is due based upon the date the Cyclery
completes the Eligible Improvements.
b. Property Tax Increment. As an inducement to the Cyclery to
complete the Eligible Improvements, WRURA agrees to set aside and thereafter rebate to
the Cyclery, on the percentage basis identified herein, the Property Tax Increment
generated by the Property to a maximum aggregate amount set forth in Section 4 of this
Agreement. Such rebate shall be subject to the following:
i. Commencing on completion of the Eligible Improvements,
WRURA shall rebate to the Cyclery one hundred percent (100%) of all Property
Tax Increment generated by the Property and received by WRURA. The rebates
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shall be payable within thirty (30) days of receipt of the Property Tax Increment
by WRURA from the County.
ii. If, in any year, no Property Tax Increment is generated by the
Property and received by WRURA, no rebate shall be due to the Cyclery for that
year.
iii. The Property Tax Increment rebate payable to the Cyclery shall be
prorated for the initial year such rebate is due based upon the date the Cyclery
completes the Eligible Improvements.
4. Maximum Rebate. In no event shall the total amount rebated by WRURA to the
Cyclery exceed the total estimated costs of the Eligible Improvements, which is Two Hundred
Sixty Four Thousand One Hundred Eighty dollars ($264,180.00) (the `Estimated Costs").
Notwithstanding the foregoing, if the total actual costs of the Eligible Improvements are less than
the Estimated Costs, said maximum amount shall not exceed the actual costs of the Eligible
Improvements. The actual costs of the Eligible Improvements shall be evidenced by invoices
and receipts satisfactory to WRURA in form and substance.
5. Term. The term of this Agreement shall be ten (10) years from the completion of
the Eligible Improvements. Upon receipt of the maximum rebate amount by the Cyclery in
accordance with this Agreement, WRURA's obligation to rebate Sales Tax and Property
Increments to the Cyclery shall terminate. Upon expiration of the term of this Agreement, the
parties' obligations hereunder shall terminate, whether or not the maximum amount of Sales and
Property Tax Increment rebate has been reached.
6. Inspection. The Cyclery agrees to permit officials or representatives from
WRURA to inspect the Property at any reasonable time to determine whether the specified
improvements have been commenced or completed, and to determine whether such
improvements meet the requirements set forth in this Agreement.
7. Compliance with law. In carrying out its obligations under this Agreement, the
Cyclery agrees to comply with all applicable laws, including City ordinances and building codes.
8. Limitation of Liability. IN NO EVENT WILL WRURA BE LIABLE FOR
ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTIAL
DAMAGES, INCLUDING ANY LOST PROFITS, ARISING FROM OR RELATING TO
THIS AGREEMENT. WRURA'S TOTAL CUMULATIVE LIABILITY IN CONNECTION
WITH THIS AGREEMENT WHE'T'HER IN CONTRACT OR TORT OR OTHERWISE,
SHALL NOT EXCEED THE AMOUNT AGREED TO BE PAID TO THE CYCLERY
HEREUNDER. BOTH PARTIES ACKNOWLEDGE THAT THE FEES REFLECT THE
ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT NEITHER
PARTY WOULD ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON
THEIR LIABILITY.
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9. Miscellaneous.
a. Governing Law and Venue. This Agreement shall be governed by the
laws of the State of Colorado, and any legal action concerning the provisions hereof shall
be brought in the District Court of Jefferson County, Colorado.
b. No Waiver. Delays in enforcement or the waiver of any one or more
defaults or breaches of this Agreement by the WRURA shall not constitute a waiver of
any of the other terms or obligation of this Agreement.
C. Integration. This Agreement and any attached exhibits constitute the
entire Agreement between the Cyclery and WRURA, superseding all prior oral or written
communications.
d. Third Parties. There are no intended third-party beneficiaries to this
Agreement. None of the professionals, contractors, or subcontractors hired by the
Cyclery shall be intended third-party beneficiaries of this Agreement.
C. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first class United States Mail,
addressed to:
WURA: Alan White, Executive Director
Wheat Ridge Urban Renewal Authority
7500 W. 29th Avenue
Wheat Ridge, CO 80033
With a copy to:
Corey Hoffinann
Hayes, Phillips, Hoffmann & Carberry, PC
Suite 450, The Market Center
1350 17"' Street
Denver, CO 80202-1576
Cyclery: '_PO,J At Z - k_/1 uvff L
7085 West 3W" Avenue
Wheat Ridge, CO 80033
f. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
g. Modification. This Agreement may only be modified upon written
agreement of the Parties.
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h. Assignment. Neither this Agreement nor any of the rights or obligations
of the Cyclery shall be assigned by the Cyclery without the written consent of WRURA.
i. Governmental Immunity. WRURA, its officers, and its employees, are
relying on, and do not waive or intend to waive by any provision of this Agreement, the
monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person
and six hundred thousand dollars ($600,000) per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended, or otherwise available to WRURA and its
officers or employees.
j. Rights and Remedies. The rights and remedies of WRURA under this
Agreement are in addition to any other rights and remedies provided by law. The
expiration of this Agreement shall in no way limit WRURA's legal or equitable remedies,
or the period in which such remedies may be asserted, for work negligently or defectively
performed.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
first set forth above.
STATE OF COLORADO }
} ss.
COUNTY OF 7e ~er-so►, }
The foregoing instrument was subscribed, sworn to and acknowledged before me this at s'7
day of (Ylg r _ h , 2007, by-b,jjCLl& bj kie{e j , as V icy Ms • of the Wheat
Ridge Cyclery.
My commission expires:
(SEAL) J. K,~6TAOk •
N pEJBt-1G ',4
R
ofi c0
Notary Public
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WHEAT RIDGE URBAN RENEWAL
EXHIBIT A
Commencing at the southeast corner of Section 23, Township 3
South, Range 69 West of the 6a` Principal Meridian; thence
S89°38'23"W a distance of 1018.72 feet along the south line of
said Section; thence NO0°14'61"W a distance of 30.00 feet to the
southeast corner of Lot 1, Craig Subdivision and the Point of
Beainning; thence along the southerly and westerly lines of said
Lot 1 and the westerly line of said Lot 2, the following 3 courses:
1) S89°38'23"W a distance of 104.97 feet to a point of curvature;
2) along the arc of a curve to the right having a radius of 15.06
feet through a central angle.of 90°07'36" and having an are length
of 23.60 feet, a chord bearing N45°17'49"W and a chord length of
21.24 feet to a point of tangency;
3) NO0°14'01"W a distance of 210.97 feet to the northwest corner
of the south 6 feet of said Lot 2;
Thence N89°38'23"E a distance of 120.00 feet along the north line
of the south 6 feet of said Lot 2; thence S00°14'01"E a distance of
226.00 feet along the east line of said Lot 1 and said Lot 2 to the
Point of Bednnina.
Containing 27,070 square f6et or 0.621 acres more or less
EXHIBIT B
ELIGIBLE IMPROVEMENTS AND ESTIMATED COSTS
a. Masonry. The Cyclery shall undertake a project at an estimated cost of Thirty
Seven Thousand Twenty dollars ($37,020.00) for masonry work around the Property,
which shall meet the specifications set forth in the schedule attached hereto as Exhibit B-
l.
b. Utilities. The Cyclery shall undertake a project to upgrade its power system to a
3-phase system and to underground the power line across High Court, at an estimated
cost of Thirty Thousand Eight Hundred Twenty dollars ($30,820.00), which shall meet
the specifications set forth in the schedule attached hereto as Exhibit B-2.
C. Roof System. The Cyclery shall undertake to expend approximately One
Hundred Fifty Five Thousand Eight Hundred Ten dollars ($155,810.00) in roof repairs,
which shall meet the specifications set forth in the schedule attached hereto as Exhibit B-
3.
d. Paving Stone/Hardscape and Landscaping. The Cyclery shall undertake a project
to install pave stone or stamped concrete along the new store front on High Court and
install planter and landscaping at 38"' and High Court at an estimated cost of fourteen
Thousand Eight Hundred Ten dollars ($14,810.00), which shall meet the specifications
set forth in the schedule attached hereto as Exhibit B-4.
e. Curl) and Gutters. The Cyclery shall undertake a project to install 220 lineal feet
of curb and gutter along High Court at an estimated cost of Eight Thousand Four
Hundred Twenty dollars ($8,420.00), which shall meet the specifications sct forth in the
schedule attached hereto as Exhibit B-5.
f Demolition, The Cyclery shall undertake a project to demolish certain
improvements which are necessary for the elimination of blight and are part of the
redevelopment of the Property, at an estimated cost of Four Thousand Eight Hundred
dollars ($4,800.00), which shall meet the specifications set forth in the schedule attached
hereto as Exhibit B-6.
g. Public Arts Panels. The Cyclery shall undertake a project to install public arts
panels at an estimated cost of Twelve Thousand Five hundred dollars ($12,500.00),
which shall meet the specifications set forth in the schedule attached hereto as Exhibit 13-
7.
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EXHIBIT B-1
MASONRY WORK SPECIFICATIONS
1. Upgrade 1304 square feet of concrete masonry block, split face and smooth face block
with integral coloring.
2. Construct six upgraded stone columns at entrance, including upgraded capstones,
construct 1,800 square feet of stone fagade, and install three stone landscape pillars with
upgraded capstones.
3. Install new storefront window on existing west exterior wall.
Total $37,020.00
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EXHIBIT B-2
UTILITY WORK SPECIFICATIONS
L Disconnect, relocate and underground overhead electric lines; convert to 3-phase.
2. Disconnect and relocate natural gas line.
Total $30,820.00
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EXHIBIT B-3
ROOF SYSTEM SPECIFICATIONS
1. Install 7,000 square feet of new upgraded metal roof system with special bow trusses,
spray-on insulation and green standing seam metal roofing.
Total $155,810.00
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EXHIBIT B-4
HARDSCAPE AND LANDSCAPE SPECIFICATIONS
L Install 1,016 square feet of paver stone at front of new entrance.
2. Install additional landscaping in planter at northwest corner of building.
3. Install new street tree at southwest corner of building.
Total $14,810.00
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EXHIBIT B-5
CURB AND GUTTER SPECIFICATIONS
1. Cut and remove asphalt; install 147 linear feet of curb and gutter, drain pan, handicapped
ramp; patch back and restripe.
Total $8,420.00
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EXHIBIT B-6
DEMOLITION WORK SPECIFICATIONS
1. Demolition of stractures and paved areas within urban renewal portion of property.
Total $4,800.00
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EXHIBIT B-7
PUBLIC ARTS PANELS SPECIFICATIONS
1. Fabricate and install art panels on west and south exterior walls, including architectural
metal banding at top of parapets on south side of building.
Total $12,500.00
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City of
Wheati 19e
ITEM NO: I REQUEST FOR CITY COUNCIL ACTION
►_I
COUNCIL MEETING DATE: February 9, 2009
TITLE: PAYMENT TO COLORADO INTERGOVERNMENTAL
RISK SHARING AGENCY (CIRSA) FOR 2009 WORKERS'
COMPENSATION PREMIUM IN THE AMOUNT OF $270,085.00
AND 2009 PROPERTY/CASUALTY PREMIUM IN THE
AMOUNT OF $1659450.00.
❑ PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: )
® BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
OnA-1 A A JAm
Deputy City Manager
Cesar'
City Mana
EXECUTIVE SUMMARY:
The Colorado Intergovernmental Risk Sharing Agency (CIRSA) provides property/casualty and
workers' compensation coverage for the City of Wheat Ridge. Each year the City of Wheat Ridge
completes a CIRSA renewal application process for both property/casualty and workers
compensation coverage and the premium amount is based on the information provided in the
applications. The pool billing amount is then reduced if the City is eligible for credits offered by
CIRSA. For 2009 the City received a $15,580.00 credit for its Loss Control Audit score. The 2009
billing amount for Workers' Compensation coverage is $270,085.00 and for Property/Casualty is
$165,450.00. CIRSA premiums are budgeted line items in the 2009 adopted budget, General
Government - Central Charges account.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
N/A
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
CIRSA premiums for 2009 Workers' Compensation and Property/Casualty are authorized line items
(01-610-600-621 and 01-610-700-781) in the 2009 adopted budget General Government - Central
Charges account. 2009 Workers' Compensation premiums represent a 15.6% decrease compared to
2008. 2009 Property/Casualty premiums represent a 0.4% increase compared to 2008.
"I move to approve payment of the CIRSA Workers' Compensation 2009 premium in the amount of
$270,085.00 and Property/Casualty 2009 premium in the amount of $164,450.00.1'
or,
"I move to deny payment of the 2009 CIRSA Workers' Compensation and Property/Casualty
premiums for the following reason(s)
Report Prepared by: Patrick Goff, Deputy City Manager
Reviewed by: Randy Young, City Manager
Attachments:
1. 2009 Workers' Compensation Invoice
2. 2009 Property/Casualty Invoice
CIRSA
Invoice # W09136
January 1, 2009
City of Wheat Ridge
Patrick Goff
7500 W. 29th Ave.
Wheat Ridge, CO 80033
This invoice constitutes your Workers' Compensation Pool billing for 2009:
EFFECTIVE DATES OF COVERAGE
Workers' Compensation Coverage
(see breakdown enclosed) 01/01/09-01/01/10
Loss Control Audit Credit
TOTAL 2009 AMOUNT DUE, NET OF CREDITS
The Board has established two options for payment of this contribution:
AMOUNT DUE
$282,423.00
$(12,338.00)
5270,085.00
Full payment on January 1. Select this option by paying the full amount due by February 15, 2009.
Payments made after February 15 will be charged interest on 1/4 ofthe contribution at the current
prime interest rate.
2. Four equal payments on January 1, April 1, July 1, and October 1, 2009. Notices will be sent on
the due dates and payments will be considered delinquent 45 days following the due dates.
Payments made late will be charged interest on 1 /4 of the contribution at the current prime interest
rate. Select this option by paying 1/4 of the amount due by February 15, 2009.
Delinquencies are subject to CIRSA Bylaws, Article VIII (1) (a) and Article XV.
This invoice includes all exposure changes reported to us from the time your renewal quote was calculated,
August 14, 2008, to the time the invoice was calculated, December 15, 2008. Any changes between August 14
and December 15, including but not limited to the addition or deletion of payroll. or amendment of a class code.
are reflected in this invoice. Any chain es after December 15 will be included in your payroll audit performed in
February 2010.
PLEASE REMIT PAVMF,NT TO:
CIRSA WC
Department 543
Denver, CO 80291-0543
ATTACHMENT I
CIRSA
Invoice 090215
January 01, 2009
City of Wheat Ridge
Patrick Goff
7500 W. 29th Ave.
Wheat Ridge, CO 80033
This invoice constitutes your Property/Casualty Pool billing for 2009:
EFFECTIVE DATES OF COVERAGE
Property/Casualty Coverage
(see breakdown enclosed) 01/01/09-01/01/10
Loss Control Audit Credit
TOTAL 2009 AMOUNT DUE, NET OF CREDITS
The Board has established two options for payment of this contribution:
AMOIJNT DUE
$168,692.00
$(3,242.00)
$165,450.00
Full payment on January 1. Select this option by paying the frill amount due by February 15, 2009.
Payments made after February 15 will be charged interest on 1 /4 of the contribution at the current
prime interest rate.
Four equal payments on January 1, April 1, July 1, and October 1, 2009. Notices will be sent on the
due dates and payments will be considered delinquent 45 days following the due dates. Payments
made late will be charged interest on 1/4 of the contribution at the current prime interest rate.
Select this option by paying 1/4 of the amount due by February 15, 2009.
Delinquencies are subject to CIRSA Bylaws, Article VIII (1) (a) and Article XV_
This invoice includes all exposure changes reported to us from the time your renewal quote was calculated,
August 14, 2008, to the time the invoice was calculated, December 15, 2008. Any changes between August 14
and December 15, including but not limited to the addition or deletion of buildings, mobile equipment and
automobiles, are reflected in this invoice. Any changes after December 15 will be billed or credited separately.
This invoice does not include any optional coverages your entity has selected. A separate bill will be sent for any
such coverages.
PLEASE REMIT PAYMENT TO:
CIRSA
Department 543
Denver, CO 80291-0543
ATTACHMENT 2
City of
~~Wh6atR~i~ge
ITEM NO: It--1---- I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: February 9, 2009
TITLE: APPROVAL OF THE ANNUAL ASSESSMENT FEE TO THE
TABLE MOUNTAIN ANIMAL CENTER TO MAINTAIN
ADEQUATE ANIMAL SHELTER SUPPORT TO THE WHEAT
RIDGE POLICE DEPARTMENT AND THE CITIZENS OF THE
CITY OF WHEAT RIDGE IN THE AMOUNT OF $25,168.94.
❑ PUBLIC HEARING
® BIDS/MOTIONS
❑ RESOLUTIONS
Quasi-judicial: ❑ YES
Chie f ice ~-r~
EXECUTIVE SUMMARY:
® NO
City ManagetA
Since 1998, the City of Wheat Ridge has participated in an Intergovernmental Agreement (IGA) with
the County of Jefferson, the City of Arvada, the City of Lakewood, the City of Golden, the City of
Westminster, the Town of Morrison, the Town of Mountain View, and the City of Edgewater to provide
necessary animal sheltering services to the community. These services are provided by the Table
Mountain Animal Center. Each year, the Table Mountain Animal Center determines an assessment fee
for the City of Wheat Ridge based on the IGA formula calculation.
COMMISSION/BOARD RECOMMENDATION:
❑ ORDINANCES FOR Is"' READING
❑ ORDINANCES FOR 2ID READING
None
STATEMENT OF THE ISSUES:
Colorado Revised Statutes 30-15-101(2) authorizes counties and municipalities to enter into an
intergovernmental agreement to provide for the control, licensing, impounding, or disposition of
animals or to provide for the accomplishment of any other aspect of a county or municipal animal
control service. Part 2 of Article 1 of Title 29, Colorado Revised Statutes permits and encourages
governments to make the most efficient and effective use of their powers and responsibilities by
cooperating and contracting with other governments. It is in the best interest of the above referenced
parties to participate in the organization, administration, and common use of a central animal center,
and for each party involved to pay an annual assessment fee based on the approved 2009 Table
Mountain Animal Center Budget. This assessment fee is calculated by the IGA formula for each
member of the agreement.
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
The 2009 Table Mountain Animal Center assessment fee for the City of Wheat Ridge is a 3.21%
increase over the assessment fee from 2008. The total amount of this fee has been budgeted by the
police department and approved by City Council for the 2009 budget in account #01-203-700-721.
RECOMMENDED MOTION:
"I move to approve the annual assessment fee to the Table Mountain Animal Center to maintain
adequate animal shelter support to the Wheat Ridge Police Department and the citizens of the City of
Wheat Ridge in the amount of $25,168.94.
or,
"I move to deny the approval of the annual assessment fee to the Table Mountain Animal Center to
maintain adequate animal shelter support to the Wheat Ridge Police Department and the citizens of
the City of Wheat Ridge in the amount of $25,168.94 for the following reason(s): 11
Report Prepared by: Jim Lorentz, Division Commander
Report Reviewed by: Daniel Brennan, Chief of Police
Report Reviewed by: Randy Young, City Manager
ATTACHMENTS:
1. Letter from Nick Fisher, Former Executive Director of Table Mountain Animal Center
2. Staff memorandum on TMAC services provided to City of Wheat Ridge
January 5, 2009
Patrick Goff
Deputy City Manager
City of Wheat Ridge
7500 W. 29", Avenue
Wheat Ridge, Colorado 80033
Dear Patrick,
As Table Mountain Animal Center continues to provide the necessary animal sheltering
services to the Jefferson County Community, Wheat Ridge's contribution to the
Center's operating budget is crucial to maintaining adequate animal shelter support to
the Wheat Ridge Police Department and the citizens of the City of Wheat Ridge.
Based on the approved 2009 Table Mountain Animal Center Budget, the IGA formula
calculation for the 2009 Assessment for Wheat Ridge is $25,168.94.
Please forward this request to your budget office for payment processing and remit the
check to:
Table Mountain Animal Center
4105 Youngfield Service Road
Golden, CO 80401
Attn: Nick Fisher
Please do not hesitate to contact me if you have questions or wish additional
documentation in support of this request. On behalf of the animals and people served
by Table Mountain Animal Center, I look forward to our continued partnership.
Sincerely,
Nick Fisher
Executive Director
ATTACHMENT?
4105 YOUngfield Service Road . Golden, CO 80401 . 303-275-7575 a vvwvv.tat)lemoui-itai„anirvnals.org
City of
hW heat Nicl~e
oLICL. 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: January 29, 2009
SUBJECT: Staff Report - Table Mountain Animal Center Annual Report 2008
EXECUTIVE SUMMARY:
Attached is the Table Mountain Animal Center (TMAC) Annual Report 2008. This report
provides a statistical summary that details the number of animals TMAC handled over
the course of 2008. The report lists the number of animals handled, number of animals
adopted, euthanized, or returned to owner. The report is also broken down into
categories for cats, dogs, and other miscellaneous animals. The report further list the
statistical summary for each agency served by TMAC which includes, TMAC, Arvada,
Edgewater, Golden, Jefferson County, Lakeside, Lakewood, Morrison, Mountain View,
Sheridan, Westminster, and Wheat Ridge. Since 1998, the City of Wheat Ridge has
participated in an intergovernmental agreement with these agencies to provide
necessary animal sheltering services to the community. Each year, the Table Mountain
Animal Shelter determines an assessment fee for the City of Wheat Ridge based on the
IGA formula calculation determined by the amount of animal sheltering services to the
community.
The City of Wheat Ridge maintains representation on the Board of Directors of the
Table Mountain Animal Center. Currently, Patrick Goff, Deputy City Manager, sits on
the board and was recently elected Chairperson.
STATEMENT OF THE ISSUES:
As indicated by the attached report representing 2008, TMAC handled a total of 10,605
animals from the community and participating agencies of the intergovernmental
agreement. Of these animals, TMAC experienced an 85% adoption rate and a 15%
euthanization rate of adoptable animals.
For the City of Wheat Ridge, TMAC handled 114 cats, 144 dogs, and 127
miscellaneous animals for a total of 385 animals. Of these animals, 82 were returned to
owner, 46 were adopted, and 28 were euthanized.
ATTACHMENT 2
FINANCIAL IMPACT (Relative Facts):
The 2009 Table Mountain Animal Center assessment fee for the City of Wheat Ridge
represents a 3.21 % increase over the assessment fee from 2008. The total amount of
this fee has been budgeted by the police department and approved by City Council for
the 2009 budget. The 2008 assessment fee was $24,361.23 and the assessment fee
for 2009 is $25,168.94.
ALTERNATIVES CONSIDERED:
None
RECOMMENDATION:
Staff recommends that previously budgeted funds allocated and approved for the 2009
TMAC Assessment Fee be used to provide necessary animal sheltering services to the
community of Wheat Ridge.
Prepared by: Jim Lorentz, Division Commander
Table Mountain Animal Center
Statistical Summary
YTD December 2008
Cats
Total Animals Handlec
Adopted/RTX
Euthanized
RTO
DOA/Diedi0ther (including unknown)
Adoption/RTX Rate:
RTO Rate:
Euth of Live Animals
Euth of Adoptable Animals
4,237
2,260
1,203
130
Total Animals Handled
Adopted/RTX
Euthanized
RTO
DOA/Died/Other (including unknown)
AdoptionlRTX Rate:
RTO Rate:
Euth of Live Animals
Euth of Adoptable Animals
4,733
1,869
1,008
1,582
1
1
Total Animals Handled
Adopted/RTX
Euthanized
RTO
DOA/Died/Other (including unknown)
AdoptionlRTX Rate:
RTO Rate:
Euth of Live Animals
Euth of Adoptable Animals
1,635
336
54
31
1
Total Animals Handlec
Adopted/RTX
Euthanized
RTO
DOA/Died/Other (including unknown)
Adoption/RTX Rate:
RTO Rate:
Euth of Live Animals
Euth of Adoptable Animals
10.605
4.465
2.265
1,743
1
2/2/2009 1:37 PM
Table Mountain Animal Center
Statistical Calculation Summary
YTD December 2008
Total Animals Handled
Adopted/RTX
Euthanized
RTO
DOA/Died/Other (including unknown)
Adjusted Eulh (less ORE)
Further Adj Euth (less ORE & U/U)
Adoption/RTX Rate:
Total
Less (Not Adoptable Animals):
RTO
Died/Other
Owner Requested Euthanasia
Unhealthy/Untreatable
Adoptable Animals
AdoptionlRTX Percentage
RTO Rate
Total
Less (Non Returnable Animals):
Died/Other
Owner Requested Euthanasia
U nhea IthylU ntreata ble
Returnable Animals
RTO Percentage
Euthanasia Rate
All Animals
Less
Died/Other
Owner Requested Euthanasia
Live Animals
Euthanasia Rate of Live
Euthanasia Rate of Adopt
4.237
2,260
1.203
130
644
4.237
1.077
532
4,237 1
2,792 1
4,237 1
2,922 1
4.237 1
3.467 1
Total Animals Handled
Adopted/RTX
Euthanized
RTO
DOA/Died/Other (including unknown)
Adjusted Euth (less ORE)
Further Adj Euth (less ORE & UlU}
Adoption/RTX Rate:
Total
Less (Nat Adoptable Animals):
RTO
Died/Other
Owner Requested Euthanasia
Unhealthy/Untreatable
Adaptable Animals
Adoption/RTX Percentage
RTO Rate
Total
Less (Non Returnable Animals):
Died/Other
Owner Requested Euthanasia
U nhea IthylU ntreatable
Returnable Animals
RTO Percentage
Euthanasia Rate
All Animals
Less
Died/Other
Owner Requested Euthanasia
Live Animals
Euthanasia Rate of Live
Euthanasia Rate of Adopt
4,733
1,869
1,008
1,582
731
255
4,733
2,124
4,733
3,706
4.733
4,182
Total Animals Handled
Adopted/RTX
Euthanized
RTO
DOA/Died/Other (including unknown)
Adjusted Euth (less ORE)
Further Adj Euth (less ORE & U/U)
Adoption/RTX Rate:
Total
Less (Nat Adaptable Animals):
RTO
DiedlOlher
Owner Requested Euthanasia
Unhealthy/Untreatable
Adoptable Animals
Adoption/RTX Percentage
RTO Rate
Total
Less (Non Returnable Animals).
Died/Other
Owner Requested Euthanasia
Unhealthy/Untreatable
Returnable Animals
RTO Percentage
Euthanasia Rate
All Animals
Less
Died/Other
Owner Requested Euthanasia
Live Animals
Euthanasia Rate of Live
Euthanasia Rate of Adopt
1,635
336
54
31
1,214
1 .635
46
7
1,635
(31)
(1,214)
(8)
39)
(1.292)
343
98%
1,635
1111''1
i 111
(1,2~1•I
,74
8
1,635
(1.2"4,
(1 2221
413
11%
Total Animals Handlec
Adopted/RTX
Euthanized
RTO
DOA/Died/Other (including unknown)
Adjusted Euth (less ORE)
Further Adj Euth (less ORE & AgressiFeral)
Adoption/RTX Rate:
Total
Less (Not Adoptable Animals)
RTO
DiediOther
Owner Requested Euthanasia
Unhealthy/Untreatable
Adoptable Animals
Adoption/RTX Percentage
RTO Rate
Total
Less (Non Returnable Animals).
Died/Other
Owner Requested Euthanasia
UnhealthyiU ntreatable
Returnable Animals
RTO Percentage
Euthanasia Rate
All Animals
Less
Died/Other
Owner Requested Euthanasia
Live Animals
Euthanasia Rate of Live
Euthanasia Rate of Adopt
10,605
4,465
2.265
1,743
2,132
10,605
1.854
794
10.605
(1.743)
(2,132)
(411)
(1 060)
M346)
5,259
85%
10.605
(2.132)
(411)
(1,060)
13,603)
7,002
25%
10,605
(2,1321
(411)
(2.543)
8,062
23%
15%
21212009 1:38 PN1
Table Mountain Animal Center
2008 Monthly Disposition of Animals
Jan
Feb
Mar
April
May
June
July
August
Sept
Oct
Nov
Dec
Total
Cats
Redeemed
10
5
5
10
14
14
14
7
11
19
10
8
127
Adopted
182
117
128
96
152
222
207
211
205
190
192
211
2.113
Euthanized
65
62
88
89
78
126
130
120
166
135
93
51
1,203
Died @ TMAC
-
-
-
-
-
-
-
-
-
-
-
-
Died in Transit
Died @ Vet
Euthanized by ACO
1
1
Escaped/Unknown
1
2
1
1
5
Euthanized by Vet
1
1
3
1
2
4
6
2
7
9
10
4
50
Redeemed @ Vel
1
1
1
3
Released to Vet
Transferred
19
2
1
20
2
6
7
2
51
4
32
1
147
DOA
31
43
36
47
60
56
73
54
48
74
36
30
588
Died in Foster
-
Released
Stolen
-
-
-
-
-
-
-
-
-
-
-
Total Cats
308
231
263
263
309
428
437
397
491
432
373
305
4,237
Dogs
Redeemed
114
98
97
138
138
131
157
181
145
130
116
124
1,569
Adopted
143
124
136
159
142
131
160
123
141
162
119
127
1,667
Euthanized
64
62
116
83
95
104
101
96
80
92
69
46
1,008
Died @ TMAC
-
-
-
-
-
-
-
-
-
-
-
-
-
Died in Transit
Died @ Vet
Eulhanized by ACO
Escaped/Unknown
Euthanized by Vet
1
4
4
2
7
2
3
2
25
Redeemed @ Vet
1
1
1
3
2
1
1
2
1
13
Released to Vet
-
Transferred
17
6
14
12
7
11
9
22
28
13
22
41
202
DOA
16
23
20
21
23
25
30
26
14
17
17
17
249
Died in Foster
-
Released
Stolen
-
-
-
-
-
-
-
-
-
-
Total Dogs
355
315
384
413
412
404
462
451
415
418
346
358
4,733
Misc
Redeemed
-
3
-
1
1
1
-
21
2
1
-
-
30
Adopted
26
27
33
25
18
13
36
9
21
19
21
14
262
Euthanized
2
7
4
9
4
2
2
3
6
3
4
8
54
Died @ TMAC
-
Died in Transit
Died @ Vet
Euthanized by ACO
5
5
1
1
1
3
5
7
3
31
Escaped/Unknown
2
2
4
Euthanized by Vet
1
27
1
1
30
Redeemed @ Vet
1
1
Released to Vet
-
Transferred
5
14
9
1
4
-
3
2
14
5
4
13
74
DOA
42
74
92
100
110
174
135
113
107
107
58
35
1,147
Died in Foster
-
-
-
-
-
-
-
-
Released
1
1
2
Stolen
-
-
-
-
-
rotallvlisc
76
125
170
144
140
191
177
150
155
140
94
73
1.635
Total All Animals 739 671 817 820 861 1,023 1,076 998 1,061 990 813 736 10,605
Last Year -
Memo:
ORE Cats
7
18
9
4
10
9
14
17
14
9
11
4
126
ORE Dogs
21
22
20
22
20
24
25
19
29
33
25
17
277
ORE Misc
1
1
1
3
-
1
1
8
Unhealthy/Untreatable Cats
40
33
30
43
26
47
60
55
86
55
39
31
545
Unhealthy/Untreatable Dogs
31
27
59
45
56
51
43
46
36
34
23
25
476
Unhealthy/Untreatable Misc
2
7
3
7
2
1
2
3
3
3
6
39
212/2009 1:38 PM
Table Mountain Animal Center
YTD December 2008
Center
Arvada
Edgewater
Golden
Jeitco Lakeside
Lakewood Morrison
Mountain View
Sherid.aii
Westminster
Wheal Ridge
Total
Cats
RTO
72
3
1
9
15
22
5
127
ADO
1.759
15
23
15
36
11
241
13
2,113
ET
906
12
22
2
19
33
13
181
15
1,203
DTM
-
-
-
DTR
DV
EAC
-
1
-
-
- -
- -
-
-
-
-
1
ESC (unknown)
3
-
-
-
- -
- -
-
-
2
-
5
EV
4
7
1
1
6 -
16 -
-
-
5
10
50
RAV
1
1
-
-
1 -
- -
-
-
-
-
3
RTV
-
-
-
-
- -
- -
-
-
-
-
-
RTX
98
2
5
1
2 -
7 -
-
2
20
10
147
DOA
121
124
5
8
60 -
119 -
-
8
81
61
587
DIF
-
-
-
-
- -
- -
-
-
-
-
-
REL
-
-
-
-
- -
- -
-
-
-
-
-
STN
-
-
-
-
- -
- -
-
-
-
-
-
Total Cats
2,964
165
57
12
112 -
226 -
-
34
552
114
4,236
Dogs
RTO
290
223
7
38
253 -
405 -
1
11
265
76
1,569
ADO
922
87
8
7
98 -
250 -
1
16
245
33
1,667
ET
714
48
2
3
52 -
95 -
1
6
76
11
1,008
DTM
-
-
-
-
- -
- -
-
-
-
-
-
DTR
-
-
-
-
- -
- -
-
-
-
-
-
DV
-
-
-
-
- -
- -
-
-
-
-
-
EAC
ESC (unknown)
EV
3
1
2
4
8
6
1
25
RAV
4
4
3
2
13
RTV
-
RTX
110
9
-
-
17 -
24 -
1
3
27
11
202
DOA
102
20
2
25
49
2
38
12
250
DIF
-
REL
STN
-
-
-
-
-
-
-
Total Dogs
2,141
392
19
50
453 -
834 -
4
38
659
144
4.734
Misc
RTO
-
1
1
21
3
3
1
30
ADO
188
16
-
3
7 -
41 -
-
-
7
-
262
ET
37
6
2
5
1
1
2
54
DTM
-
-
-
-
- -
- -
-
-
-
-
-
DTR
DV
-
-
-
-
- -
- -
-
-
-
-
-
EAC
-
12
-
1
4 -
1 -
-
1
12
-
31
ESC (unknown)
4
-
-
-
- -
- -
-
-
-
-
4
EV
27
-
-
-
3 -
- -
-
-
-
-
30
RAV
-
-
-
-
- -
- -
-
-
-
1
1
RTV
-
-
-
-
- -
- -
-
-
-
-
-
RTX
47
6
7
-
4 -
5 -
-
-
3
2
74
DOA
16
510
2
9
233 -
13 -
-
39
204
121
1,147
DIF
-
-
-
-
- -
- -
-
-
-
-
-
REL
1
1
2
STN
-
-
-
-
- -
- -
-
-
-
-
-
Total Misc
320
551
11
14
278 -
64 -
-
40
230
127
1,635
Total All Animals
5,425
1,108
87
76
843 -
1,124 -
4
112
1,441
385
10,605
Memo
ORE Cats
126
-
-
-
-
-
-
126
ORE Dogs
276
1
277
ORE Misc
8
8
Unhealthy/Untreatable Cats
370
7
4
-
6 -
15 -
-
9
128
6
545
Unhealthy/Untreatable Dogs
285
31
2
38
58
4
50
8
476
Unhealthy/Untreatable Misc
24
6
2
-
5 -
- -
-
-
-
2
39
2/212009 1 38 PM
City of
wheat ic9e
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
$
COUNCIL MEETING DATE: February 9, 2009
F
it
TITLE: AWARD RENEWAL CONTRACT OF RFB-07-11 ACTIVITIES
GUIDE PRINTING SERVICES TO PUBLICATION PRINTERS IN
THE AMOUNT OF $39,304
❑ PUBLIC HEARING
® BIDS/MOTIONS
❑ RESOLUTIONS
Quasi-judicial: ❑ YES
❑ ORDINANCES FOR 1' READING
❑ ORDINANCES FOR 2ND READING
Ltrii-cto of Parks and Recreation
L/
EXECUTIVE SUMMARY:
® NO
City Manag
The Wheat Ridge Parks and Recreation Department distributes three activity guides annually. A
summer, fall and winter/spring issue of the guide is mailed to all Wheat Ridge residents. The guide
also provides information on amenities and locations of City of Wheat Ridge parks and oil rental
facilities.
This is the second and final renewal of the bid awarded to Publications Printers in 2007. The
original bid award was $35,336. An increase in cost of $3,968 has occurred for a total cost of
$39,304.32 due to (1) an increase in the number of color pages throughout the guide in addition to
the front/back cover and (2) paper and printing cost increases. Based on the contractor's
demonstrated capabilities, experience and performance, staff recommends the award for a one (1)
year contract renewal.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The guide is a primary marketing tool for the Recreation Division in promoting various classes,
programs, special events, the Recreation Center, and the Senior/Community Center. Some form of
an activities guide has been printed since the city's incorporation. As the Recreation Division grew
and programs increased, the size and content of the guide also increased.
The Recreation staff has developed a positive working relationship with Publication Printers. They
are responsive to changes and corrections, and they produce a quality guide for distribution.
ALTERNATIVES CONSIDERED:
To not renew the contract and therefore not publish the guide.
FINANCIAL IMPACT:
The cost for production of the guide is divided equally between the General Fund budget and the
Recreation Center Fund budget. For the 2009 budget year, $40,876 was appropriated for the printing
of the activities guide; $20,438 from 64-607-650-654 and $20,438 from 01-602-650-654.
RECOMMENDED MOTION:
"I move to award the contract renewal of RFB-07-11 Activities Guide Printing Services to
Publication Printers in the amount of $39,304. Of this amount, $19,652 to be charged to account 01-
602-650-654 and $19,652 to be charged to account 64-607-650-654.
Report Initiated by: Julie Brisson, Recreation Manager
Report Prepared by: Julie Brisson, Recreation Manager
Report Reviewed by: Joyce Manwaring, Parks and Recreation Director
ATTACHMENTS:
1. Bid Proposal
ATTACHMENT 1
114114- 4
11 I'L~n. Lit. I h ITCUf u. t + k I,IJ.r •u_ I ;u:l ,l n.I hay + ,.IS r~u .:dc,u
PUblicatloli Printers corp.
r
n+I ILL II my r,l..r,.~•r,l oiudliN Web PI'llltlll`1
Proposal CITY OF \VtIL.%I RI[)(I
for 7500 14. 29th rA\c.
Vv heat Rldr_e. CO. 500;3
Contact: I inch l rinlble
Office- (3t) 'S 1 1 est: Fax t- 1
E-mail:
Job Description:
Acli,~ iiics (wide (64 pa2cs 50u, offset)
Quantities:
25.000
Page Cou
1 4 Pr
Prepress:
Print kcad\ I ilex
Proofs:
1-(ien ladd'I 1-(lens at y.JU Pate)
Text Ink:
I ( Pnfces,~
Text Paper:
3 ( )fl:,et
Bindery:
Saddlr Stitch. S.375 r 10.S7~. Plastic Bander
Packaging:
illid PWl. t I)ocsn't Include Bogies)
Details:
Price includrs C.nrwr koti tinrt on 17.'~()(1
111c1tlde, bundle" OI ~0
Delivery: - Pw t (d hi droll,
Pricing:
Date: 1 1 ; 2009
Estimate 535 1? 06
Issued (12-101
Page: Pa+wc I of ,
Sales Rep: 6atelik. lacob
Customer 8)()()
Quantity Base Price Add'l 1.000 (for increased quantities only )
1)(111 51 4„ ;a 41)
Two i 5Su es fog o- fo tu► o F rH, U5. 08
Proposal Terms & ('011dilions
- Ghcal~++ ~il"~ +I I f ulr.r_ w it, Ine slandalds and trade customs gener~lly acropted in the r-fing mdnstry as sPecll!_rJ by the National
+saCC'lot,:P. n` {'r'Jperg a,l L+Ifr^y p'1•'r5 9n^. t•i= Pi ni r J In<hlsllw_s cf Amens
Nail pnce5 nn rot Include :-,aye logo ma I poi -hexes ni NCOA Services
Puce vahd for 3U days frcm above pr )posal d„ rr JUL ml.at Fnnl within this 3O day I rre period or paces may tie sublecl to chanyr_ f'uces.111 nil Include Sales tat
Pubh,:armn Th lntrrs ~s obhgatcd to colle,-l safes lax hJr :re slal+, !:f Crlo,ado Lahlomla and +Arashmglon Sales lax i5 assessed oy point of exchange
NO I E F leciloric Prepress Ber,c. s a, id prouts as specl4ed tic iiv.ded 11 cur quilted prices Pricing assJmes Ili al your hi?s will be'p-rnt ready' Thal no file man+polatwn will
he nacessary II the tiles need andrh-lal v.nrh PPG will Unlact you if the additional work wo cost over $250.00 F oza under the $250 UC cap will be made wrtheul noldicahon
and bI led to you an yo,.r focal ~ri,c ce INth an e+psanabon cf wet l< Gerlou net: It yoo w sir to pertorm the adclhonal or vour files are missn¢) graphics andfor fonts you w II be
chargad a $50 00 reproeessrng fee
CLAIMS All clams h~l MOO- u+ :Inmaged gnarls ~r for shortages must be nape n writing ,,!hill Manly days after the recerpl of goods Cu Stonier 5 ""lure to do so snap
conslnlne irrevocable afCEPI30Ce nt the good, and a waiver of day delkCl raa rage w shortage Tile hablnly of the printer shall be limited to the quoted pnee pef copy 'J any
detective ynods and m nr, event u+clude spec:,rl or ,-onseyuanLai charnel Cams of my brce drscrepanaes must be mace m wfiling within 30 days of Invoice dale
Ali eve-i.' a uodern w of 3'ti, Shall constllu12 an acceotable delivery aorj shall be billed acoord+ng :o the actual quan3ty dehVered
Paper pace -foal- Should 11.1bhcallon Pnnlers Gorp receive nonce of a paper pace increase within the 30 day time penoU the pares may be suble cl to change
F rerghl it no speahc delivery ocafr- G 161ed paces based cn FUB Puto-i,vi Pi rrl ens Cn+p dock (FOB Our r)ockl Freight costs are approximate and cannot be
gumamoea unless otherwise spephed on Ihrs Proposal. freight is quoted doci, to dock and edUlhnnal charges may apply
Payment terms 1 ou NIII he notified in wnl+flg of payment leans by Ine -Iubllcahon f'r,nters Corp C"earl Dep~+drner+t Failure to provide credit applical,en and gain credit terms
by the ume lies Inr lob arrive muy -01 nr terms of 100 V. of proposal price with hies balances are COL? before fire lob Is delivered nulled or picked up
ATTACHMENT I
Publication Printers corp.
"Lal_l":rnr Uvm.et ..I....rrhr XI": Otlidlt\ Web I'l-Intlll i"i
Proposal ('I V Y C)I Ili ILA I RID(IL
for 7,;00 1) 111 A\k: 1Vhc21 Ri(IL-L'. C(_). 8003,3
Contact: Lindii I rimhk
Office (±(I )?3~-?YI I L~1 Fax ( U)' 4_5l?•1
E-mail:
Job Description:
AClil dies Guide (72 ha_cs 50,': ultsei)
Quantities:
"5.000
Page Co t:
7? 1' r I rxt
Prepress:
feint Read,, h lea
Proofs:
1-Gen (add'I 1-6ens at l pa_e)
Text Ink:
I`C Prol
Text Paper: 5O:i 011 - scL 17.x" 50- (lftsel
Bindery: 'saddle tililch. 8.37 \ Ilt.875. Plastic Hander
Packaging: Skid Pack Moe~n'I Include Buses)
Details: Price includes Carrier Rnule Suet nn 17.-;(?0
Include, hrlndles art ~fl
Delivery: I11he,nKid cI)ell~cry
Pricing:
Date:
I 13 1004
Estimate
; ; ~ ; 2>06
Issued
61-101
Page:
Pawe I ot'2
Sales Rep:
(.iarelik. Iacoh
Customer
8100
Quantity Base Price All 1,000 (for increased quantities only )
one 15, a e Prunosal Tcrfns & Conditions
' d.hi:aunn Pnn tors ruin rcod'c's b"srness m accor7ance wrh the standards a no trade customs generaP; accepted an the prrn Gnq indislry as specified Cy Rne National
..~nallor; of Pnn!ers and UPUxJrapt:rs god the Fnnlrog rnauslnes of Amenca
Plod prices do nol include postage row,grl ;nail Isl purrlnaees or rV l.uF Je--s
f u~.es valid to, iU ,lays fence rbow- proposal daLO Jab I-I l p:ml wtlhut this 30 day Vine nenod Or prices may be subject to cnanye 'n~=s if ;red include sales ta,
GnEln coon Printers is cbligaled in r: nlerl salsa jar for the states of Culwij oc Califprria and *as^rr gtnn Sales tai r assessed by porn) of exchange
tdOTE Elecftdrnc Pre press berv-, .non proofs as scecdred are unc uded ill our quo'.Cd fl -'n ring assumes that your files will be -print really' that nn file rn- p.dahon wd•
be neCe55ary If the fees need adddronel `.vurk PFC wd) contact you if the add06onat work will cost over $250 00 1 undo' the $250 CU cap will be made wdhoui noldicat[on
and billed to you gn'/cur final rmvolce won an explanahon of work pedur n,e I If yrur wbh le pertorm the aod,honal work or your files are rn-s rig graphrCS a,,d/or fonts you will be
charged a s!,:, Co re.p,,,c,.,cg f,,
CLAIMS All i:.a~urs fee oe'ecuve I, oannagea goads or for shortages must W9 made in writing minin Iwe•nly days after the recelp! of goods -Iomer s faime to do so shall
consilute urevr a.aMe scceptance of the goads and a waver of any defect damage or shortage The liability of Ine printer shat be limited to the g,,oted price per copy, of any
riElCClr'JC gooci, ancf :n no event Include special or Consequential charges Clalrn~ )f dlvnrne ljl~Cregar]CeS must be made in lchng within 30 days of rrrvo.ce date
An overrun or underron pt T!,; shall conef fule an acceptable delivery and 9,all be billed a:cordmg trl Ile actual quant ty delivered
Paper price increases bnould Publication Printers Corp recewe nonce o1 a paper price ll-- ratline Ine 30 day'rme period the prices may be subject to change
Frorghl It no speafic delve«ry ocabolt is listed paces Dased on FOP. Pubbcation Fnnl!?rc Corp Jock IF013 Our Dock) r,elgnl costs are approximate arc cannot bt
guaranteed (Jr Bless o.herwr5e sne(i ieo or this Proposal freight is ducted dock to dock and additional o,arges may apply
Payment terms You will 5r• nollf ed ~o wring of paymerl terms by the Publication Pr ir,l Corp Credit Department Failure to provide credr app[catlon ancf gain dead terms
try th, rrre hles'o, lob arrr:2 may resell in lea's of 1001V. of propusl pope with file, balances are i.'.OD before the job is del- e l rbadec or picked up
_City of
2009 Adopted Budget
Capital Investment Program (CIP)
About CIP
The Capital Investment Program (CIP) is a multi-year program
aimed at upgrading and expanding city facilities, buildings,
grounds, streets, parks and roads. The intent of the CIP is to
serve as a guide in the provision of new facilities to meet the in-
creasing demand for capital improvements throughout the city,
as well as in the replacement of outmoded facilities.
2009
The City of Wheat Ridge continually faces the fact that it always
Budget
has a list of many worthy and valuable projects that far exceeds
Highlights
the funding available at any one time. A process has been set
up to evaluate each program, its funding needs, potential fund-
32nd Avenue and YOUncg
ing sources and priority with respect to all other needs within
field Imrovemelits
the city.
A basis has been established with a 10-year CIP listing, which
assigns a preliminary schedule and provides a description of the
projects and future operational costs of these projects.
177
ATTACHMENT 1 Capital Investment Program
2009 Adopted Budget
City of Wheat Ridge
Fiscal Year 2009
Annual Budget
CAPITAL
INVESTMENT
PROGRAM (CIP)
Capital Investment Program
DPW Drainage
Extension of the Arvada Channel from Miller Street to Oak Street
2009 Budget: $80,000
ption: The Columbine Basin Drainage Master Plan identifies
improvements in the northwest area of the City. The first phase
of improvements requires extension of the Arvada Channel from
Miller Street to Oak Street. The project is approved by the Urban
Drainage and Flood Control District as a 50% matching grant
project funded in 2008 and 2009.
:ation: The Columbine Basin Drainage Master Plan identified
many deficiencies in the present drainage facilities within the City.
Extension of the Arvada Channel will provide an outfall system
for additional drainage improvements. Improving the drainage
improvements will aid in development in this area of the City.
ON or
W h'at [~ge
)1D YOU KNOW
Demolition of Lena Gulch House on Swadley Street
2009 Budget: $20,000
ption: The house at 3388 Swadley Street was purchased is 2008
with matching Urban Drainage and Flood Control District grant
funds. Additional 50% grant funding is expected in 2009 to
demolish the building.
:ation: The house on Swadley Street was purchased to facilitate
a flood control project on Lena Gulch. Demolition of the house
at this time will improve flood flows and reduce flooding in this
neighborhood.
DPW Streets
1. Public Improvements Projects, Development Driven
2009 Budget: $95,000
Description: Upcoming developments may require City-financed street
improvements.
needs.
Contingent funding should be provided for special project
178
Capital Investment Program
Wheat lkiOge
2009 Adopted Budget
2. Street Light Installation
2009 Budget: $6,000
Description: Installation of new streetlights requested by citizens and approved by the Public
Works Department.
Justification: New street lighting is provided to accommodate areas of the City which require
additional lighting for safety or as otherwise justified by the City.
3. Street Preventative Maintenance Projects
2009 Budget: $1,000,000
Description: The annual street preventative maintenance work and costs are as follows:
a) Asphalt patching and overlay: $540,000
4411' Avenue, from Kipling Street to Tabor Street
Includes the replacement of broken, distorted and non-compliant concrete curbs,
sidewalks and handicap ramps.
b) Asphalt patching and overlay: $100,000
Minor residential streets by priority and available funding
Includes the replacement of broken, distorted and non-compliant concrete curbs,
sidewalks and handicap ramps.
c) Crack/slurry sealing area: $300,000
Throughout the City by priority.
d) Striping area: $60,000
Arterial and collector streets throughout the City by priority.
Justification: Preventative street maintenance work is required to replace defective concrete,
replace or add to pavement surface by an asphalt overlay, patch isolated structural failures i
existing asphalt streets, waterproof and improve the texture of asphalt wearing surfaces
by a slurry seal coat and reduce water infiltration under pavements by sealing cracks.
Preventative maintenance prolongs the useful life of streets and sidewalks and reduces the
costly alternative of reconstructing streets.
4. 32nd &Youngfield Improvements
2009 Budget: $3,300,000
Description: Participate in the widening of 32n' Avenue and Youngfield Street as outlined in the
1-70/32n' Avenue Interchange Environmental Assessment.
Justification: The transportation improvements identified in the Environmental Assessment are
required to service the traffic generated from the new Cabela's Shopping Center.
179
Capita! Investment Program
2009 Adopted Budget
City of Wheat Ridge
Fiscal Year 2009
Annual Budget
Parks and Recreation Capital Projects
Parking Lots and Drives Improvements
2009 Budget: $25,000
Various park parking lot pavement, curbs and sidewalks will be repaired by priority.
The parking lots and sidewalks are deteriorated and require maintenance.
Municipal Capital Projects
Police Evidence Building Improvements
2009 Budget: $58,000
ption: Shelving and an air conditioning system will be provided at the Police evidence
building.
ustification: Recent legislative changes require better preservation of evidence, necessitating
full climate control in the evidence building. The volume of evidence requires additional
shelving.
180
Capital Investment Program
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City of
Wheat iAL e
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
I~I ~I
COUNCIL MEETING DATE: February 9, 2009
1-1-6
TITLE: AWARD ITB-09-01 2009 CRACK SEAL PROJECT TO COATINGS
INC. IN THE AMOUNT $52,171.00
❑ PUBLIC HEARING
® BIDS/MOTIONS
❑ RESOLUTIONS
❑ ORDINANCES FOR Is" READING
❑ ORDINANCES FOR 2ND READING
Quasi-judicial: ❑ YES
Director ublic Works
EXECUTIVE SUMMARY:
® NO
City Manag
The 2009 Crack Seal Project will provide street maintenance throughout the City by priority, as well
as sealing of cracks in various Parks and Recreation facility parking lots. The crack filling treatment
will reduce water infiltration under the pavement and extend the pavement life of these streets and
parking lots as part of the on-going maintenance program.
On January 13, 2009, seven (7) bids were received for the 2009 Crack Seal Project. All bids met the
initial bid requirements. The apparent low bidder was Bidness, Inc. in the amount of $52,037.50.
However, upon thorough evaluation, the company did not meet the experience level required for this
project. The apparent second low bidder was Coatings Inc., Arvada, in the total amount of
$52,171.00. Coatings Inc.'s references and experience were evaluated by Public Works Staff and the
company has successfully completed similar City projects the past three years.
COMMISSION/BOARD RECOMMENDATION:
NA
STATEMENT OF THE ISSUES:
Bids for the 2009 Crack Seal Project, #S-PM-02-09, were opened on Tuesday, January 13, 2009.
Seven (7) bids were received. The bids were comprised of two parts; Base Bid and Alternate Bid 1.
The base bid provides crack sealing to streets throughout the City by priority. Bid alternate 1
provides for crack sealing in parking lots at the Recreation Center, Youngfield trail head and
Anderson Park parking lots. The base bids ranged from $50,245.00 to $66,900.00 and alternate bid 1
ranged from $1,687.50 to $3,116.25 respectively. The Engineer's Estimate for the base bid and
alternate 1 were $57,750.00 and $2,025.00 respectively.
Bidness, Inc., Littleton, the apparent low bidder, has no municipal street experience and does not
possess the necessary equipment to perform a project of this scale. The vast majority of past projects
were limited to commercial and residential parking lots.
The most qualified and apparent second lowest responsible and responsive bidder is Coatings Inc.,
Arvada. Based upon the contractor's demonstrated capabilities and performance on the previous City
project, Staff recommends award of both base bid and alternate 1 to Coatings, Inc. in the amount of
$52,171.00.
A 10% contingency amount of $5,217.10 is requested for the cost of other items related to the
project
ALTERNATIVES CONSIDERED:
No award and 2009 Crack Seal Projects will not be accomplished.
FINANCIAL IMPACT:
Funding for this program has been approved in the Street Preventive Maintenance Projects line item
of the 2009 Capital Improvement Program budget in the amount of $1,000,000.00 and the Parks and
Recreation Parking Lots and Drives Improvements line item in the amount of $25,000.00. This
project is the first of the three preventive maintenance projects that the City will implement this year.
Funding for the work in the parking lots will be transferred from the Parking Lots and Drives
Projects line item to the Street Preventive Maintenance Project account.
RECOMMENDED MOTION:
"I move to award ITB-09-01, 2009 Crack Seal Project to Coatings Inc., Arvada, in the amount of
$52,171.00.
I further move that a contingency amount of $5,217.10 be approved.
I further move that the Director of Public Works be authorized to issue change orders up to a total
contract and contingency amount of $57,388.10.
I further move that all costs associated with this contract be paid from account number 30-303-800-
884, and that these funds be encumbered for the length of the project in accordance with Ordinance
#787, 1989 Series."
or,
"I move to deny award of ITB-09-01 2009 Crack Seal Project for the following reason(s)
Report Initiated by: Steve Nguyen, Engineering Manager
Report Prepared by: "rim Paranto, Director of Public Works
Report Reviewed by: Linda Trimble, Purchasing Agent
ATTACHMENTS:
1. 2009 Capital Improvement Program Description
2. Bid Tabulation Sheet
.~A.
City of-
W heat Ridgc
ITEM NO: 1. H.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: February 9, 2009
TITLE: RESOLUTION NO. I1-2009 - A RESOLUTION AMENDING
RESOLUTION NO. 01, SERIES OF 20019 A RESOLUTION
DECLARING THE NEED FOR AND ESTABLISHING A
HOUSING AUTHORITY TO FUNCTION IN THE CITY OF
WHEAT RIDGE, COLORADO
❑ PUBLIC HEARING
❑ BIDS/MOTIONS
® RESOLUTIONS
❑ ORDINANCES FOR I"' READING
❑ ORDINANCES FOR 2ND READING
Quasi-judicial: ❑ YES
r
City Attorney
EXECUTIVE SUMMARY:
® NO
fp,c City Manager
Amends Resolution No. 01, Series of 2001. In 2001, Resolution No. 01 declared the need for
and established the Wheat Ridge Housing Authority ("WRHA"). Section 3 of that Resolution
requires that four of the commissioners of the WRHA must be from each of the City's Council
Districts. The proposed resolution allows for appointment of any otherwise qualified resident
of the City when there are no applicants to fill a vacancy in a particular Council District who
are also residents within that District.
COMMISSION/BOARD RECOMMENDATION:
NA
STATEMENT OF THE ISSUES:
Presently, Resolution No. 01, Series of 2001 requires that the WRHA shall consist of five
commissioners, four of whom are from each of the Council Districts and one of whom is
member of City Council. As a result, if there is a vacancy on the WRHA in a particular
Council District, the position will remain vacant indefinitely, absent an application from a
resident of that Council District. The amendment proposed by this resolution allows for the
appointment of any otherwise qualified resident in the City if the vacant position has been
advertised, and there are no applicants who are residents of that particular Council District.
ALTERNATIVES CONSIDERED:
NA
FINANCIAL IMPACT:
None
RECOMMENDED MOTION:
"I move to approve Resolution No. 11-2009, a resolution amending Resolution No. 01, Series of
2001, a Resolution declaring the need for and establishing a housing authority to function in the
City of Wheat Ridge, Colorado."
Or,
"I move to table indefinitely Resolution No. 11-2009 for the following reason(s):
Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670
ATTACHMENTS:
1. Resolution 11-2009
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 11-2009
Series of 2009
TITLE: A RESOLUTION AMENDING RESOLUTION NO. 01, SERIES OF
2001, A RESOLUTION DECLARING THE NEED FOR AND
ESTABLISHING A HOUSING AUTHORITY TO FUNCTION IN
THE CITY OF WHEAT RIDGE, COLORADO
WHEREAS, pursuant to the authority set forth in C.R.S. § 29-4-201, et seq.,
the City of Wheat Ridge, acting through the City Council ("Council"), adopted
Resolution No. 01, Series of 2001 declaring the need for and creating the Wheat
Ridge Housing Authority ("Authority") and establishing the same; and
WHEREAS, Resolution No. 01, Section 3 states that the Authority shall
consist of five (5) commissioners, four (4) of such commissioners being from each
Council District ("District"); and
WHEREAS, the Mayor and City Council recognize that while it is ideal to
have at least one (1) member of the Authority from each District, from time to time
it may be the case that there are no qualified applicants from a particular District
when there is a vacancy in that District; and
WHEREAS, the Mayor and City Council find that it is important that the
Authority be served by a full board of commissioners; and
WHEREAS, the Mayor and City Council desire to amend Resolution No. 01,
to allow for appointment of any otherwise qualified resident of the City when there
are no applicants to fill a vacancy in a particular District who are also residents
within that District.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1 . Resolution No.01, Section 3 is hereby amended to read as
follows:
In accordance with Section 29-4-205(3) of The Housing Authorities Law,
the Housing Authority shall consist of five (5) commissioners, four of such
commissioners being from each of the existing, or hereafter altered, city
council districts, and one commissioner being a member of City Council. IF,
AFTER REASONABLE ADVERTISEMENT, NO APPLICATIONS ARE RECEIVED
FROM RESIDENTS WITHIN THE RELEVANT CITY COUNCIL DISTRICT FOR A
COMMISSIONER VACANCY, THE MAYOR MAY APPOINT AND THE CITY
COUNCIL MAY RATIFY ANY OTHERWISE QUALIFIED RESIDENT OF THE
CITY.
Section 2. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 91h day of February, 2009.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
2
City of
Wheat Midge
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
COUNCIL, MEETING DATE: February 9, 2009
TITLE: COUNCIL BILL 01-2009 - AN ORDINANCE AMENDING ARTICLE
IV OF CHAPTER 21 OF THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE ENTITLED COURTESY BUS BENCHES AND BUS
STOP SHELTERS
❑ PUBLIC HEARING
❑ BIDS/MOTIONS
❑ RESOLUTIONS
Quasi-judicial: ❑ YES
Director of Public Works
❑ ORDINANCES FOR Is"' READING (01/26/2009)
® ORDINANCES FOR 2ND READING(02/09/2009)
® NO
f
City Mani
EXECUTIVE SUMMARY:
For many years Wheat Ridge has allowed advertising benches along its primary streets to provide
comfort for RTD bus riders. A change in the Wheat Ridge courtesy bench program is proposed to
allow contracting with advertising vendors to provide a higher quality bench, trash receptacles and
maintenance of the bus stop area.
Chapter 21 of the City Code generally regulates the placement of courtesy bus benches within the
City. Proposed changes in the bus bench program require amendment of this section of the City
Code. The attached ordinance would allow the City to contract for placement of benches, similar to
the contract in place for the City's bus stop shelters. Details concerning the bus benches, placement
requirements, etc. would be incorporated in the contract for service.
Following the first reading of the Ordinance, amendments were developed with input from Mayor
DiTullio and Councilor Gokey. Those changes are highlighted in the attached "Amended Council
Bill 01-2009".
COMMISSION/BOARD RECOMMENDATION:
The City Council provided direction to pursue a new bus bench program and draft necessary
ordinance changes at the January 5, 2009 Study Session.
STATEMENT OF THE ISSUES:
The City Code allows vendors to apply yearly for placement of advertising benches at RTD bus
stops throughout the City. The Code identifies the size and placement of the benches, but does not
regulate the advertisements placed on the benches. Two benches may be requested for each bus stop
in commercial, industrial, multifamily and hospital zone areas. The City requires a minimal $35
permit fee for each bench approved.
Staff recommends that a new courtesy bench program be established, similar to the existing Bus
Bench Shelter Program. Key elements of the proposed program include:
1. Proposals would be solicited from vendors for a ten year agreement.
2. Specific locations for benches would be pre-approved.
3. Except at heavily used bus stops, only one bench would be allowed.
4. Benches would be metal painted black.
5. Benches would be mounted on concrete pads.
6. Trash containers with cigarette receptors and City logos would be required at all benches.
7. Trash containers would be emptied a minimum of twice weekly.
8. The bus stop area would be maintained by the vendor, including snow removal.
9. All permit fees would be waived.
10. 10% of the advertising benches would be made available for City messages.
Chapter 21 of the City Code must be amended to facilitate the proposed changes in the bus bench
program. The changes will move many of the details concerning bus benches from the City Code to
the contract with the vendor.
The "Amended Council Bill 01-2009" includes a modification in Section 21-123 to change the
approval authority of courtesy bench contracts from the City Manager to the City Council. Section
21-151 (c) (4) is changed to delete references to a building permit. Section 21-151 (c) (5) is changed
to require a right-of-way use permit instead of a building permit. There are also three minor
corrections in Sections 21-123 and 21-151 (c) (4). The changes will have no effect upon the
development or operation of the new courtesy bench program.
ALTERNATIVES CONSIDERED:
Retain the current bus bench program.
FINANCIAL IMPACT:
The proposed new bus bench contract program may provide revenue over the proposed ten (10) year
term.
RECOMMENDED MOTION:
"I move to approve Amended Council Bill No. 01-2009, An Ordinance Amending Article IV of
Chapter 21 of the Code of Laws of the City of Wheat Ridge Entitled Courtesy Benches and Bus Stop
Shelters on second reading and order that it take effect 15 days after final publication."
or,
"I move to table indefinitely Council Bill No. 01-2009 for the following reason(s):
Report Initiated by:
Report Prepared by:
Report Reviewed by:
ATTACHMENTS:
Tim Paranto
Tim Paranto
Randy Young, City Manager
1. Council Bill No. 01-2009
2. Amended Council Bill No. 01-2009
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ROTOLA
Council Bill No. 01-2009
Ordinance No.
Series of 2009
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 21 OF THE CODE OF
LAWS OF THE CITY OF WHEAT RIDGE ENTITLED COURTESY BENCHES
AND BUS STOP SHELTERS.
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of
the State of Colorado organized and existing as a home rule municipality pursuant to Article XX
of the Colorado Constitution and the home rule charter for the City (the "Charter"); and
WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local
self-government and home rule and all the power possible for a municipality to have under the
Constitution of the State of Colorado, including the power to regulate the placement of
structures in and around the public rights-of-way; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City Council")
previously adopted a courtesy bench and bus shelter program, as Article IV of Chapter 21 of the
Code of Laws of the City of Wheat Ridge ("Code of Laws"); and
WHEREAS, the courtesy bench program allows multiple individuals to participate in the
program which staff finds and the City Council agrees is inefficient; and
WHEREAS, in order to improve efficiency and generate additional revenue for the City,
the City Council wishes to amend Article IV of Chapter 21 to create a new provider program for
courtesy benches; and
WHEREAS, upon the creation of a new provider program for courtesy benches, several
existing sections in Article IV of Chapter 21 will be obsolete and the Council wishes to repeal
such provisions.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 21-121 of the Code of Law is amended to read as follows:
Sec. 21-121. Definition.
In this article "courtesy bench" means ANY BENCH OR SEAT THAT MAY OR MAY
NOT CONTAIN ADVERTISING MATERIAL, WHICH IS LOCATED ON A PUBLIC RIGHT-OF-
WAY OR PUBLIC OR PRIVATE PROPERTY WITHIN THE CITY AND IS ADJACENT TO AN
RTD SIGN DESIGNATING A BUS STOP.
(1) Any ben r seat IGGate l nn public `ter private nreperty within the nity,
v
ATTACHMENT I
(2) Any bep^h er seat, not GeRtaining advertising
l
reG D sign designating a bus stop. Twenty (20) fee
either side gf +h ~ -feet
from the RTID sign perpeRdiG Ilan fr the reaQwa~-
follows:
Section 2. Section 21-123 of the Code of Laws is repealed and reenacted to read as
Sec. 21-123. CITY TO PERMIT LOCATION.
THE CITY MAY PERMIT ONE OR MORE PROVIDERS OF COURTESY BENCHES IN
THE DISCRETION OF THE CITY MANAGER. THE CITY MAY PROVIDE FOR
INSTALLATION OF COURTESY BENCHES DIRECTLY BY THE CITY, BY CONTRACT,
AGREEMENT OR OTHERWISE. ALL COURTESY BENCHES SHALL BE CONSTRUCTED
AND INSTALLED IN COMPLIANCE WITH THE REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT AND AS OTHERWISE PROVIDED IN THIS ARTICLE IV. IF INSTALLED
BY CONTRACT OR AGREEMENT WITH A PRIVATE COMPANY, THE TERMS OF SUCH
CONTRACT OR AGREEMENT SHALL GOVERN THE PLACEMENT OF SUCH BENCHES;
PROVIDED, HOWEVER, THAT ALL SUCH BENCHES SHALL COMPLY WITH THE
LOCATION REQUIREMENTS DESCRIBED IN THIS ARTICLE IV.
Section 3. Section 21-124 of the Code of Laws is amended by the deletion of
subsections (a), (b), (c) and (f) and the designation of the existing subsections (d) and (e) as the
new subsections (a) and (b), and the new subsection (b) is amended to read as follows:
Sec. 21-124. ConstruGtinspeEifieations COURTESY BENCH location,
rnaint`nanGe.
(d)(a) Zones in which advertising matter on benches permitted...
W(b) Benches without advertising. For-eveFy-five (5 beches--aflowed with dv ,
each bench GompaRy~a4 pravide~ le bench without advertising in a zone other than-those
listed abg„e The city specifically finds that the exclusion of benches containing advertising
from the A-1, A-2, R-1, R-1 A, R-1 C, R-2 zone districts within the city is necessary to preserve
the aesthetic character and integrity of the predominately single family residential homes and
~vth~,,ll SLIcp
neighborhoods established therein. ^ause the Reed for bens#e: ets i
fide (5) benches allowed with advc~r+isip
fO- -eVeF
witI}
iR414e Gernm
m
ltifa
il
y
g
-
i
l
i
i
i
i
°
~ ~
,
u
m
y
.
ta
ser
es
acid--hesp
dent
f
ed l fl
GtYigr
advetttJfng in one of the prerlg cl si-.,,,I.e family
s~ ~b"vuc se t4orr
residential areas enumerated in this
Section 4. Section 21-128 of Code of Laws is amended to read as follows:
Sec. 21-128. Panning d9 reGtOr DIRECTOR OF PUBLIC WORKS authority.
Notwithstanding any other provision of this article, the director of community
deuelopmen PUBLIC WORKS is authorized to declare any individual bus stop, group of
stops or other defined area as an area in which courtesy benches may not be located.
The-direc-tar---cornmu her--authorized- to «duce-the-maximurn
number enGhes allowed under-section-21 146, as applied to any stop or .
Section 5. Division 2 of Article IV of Chapter 21 of the Code of Laws is renamed Bus
Stop Shelters.
Division 2. PERMIT BUS STOP SHELTERS
Section 6. Section 21-151 of the Code of Laws is amended by the addition of
subsections and additional text to read as follows:
(a) The city may provide for the erection of bus stop shelters directly by the city, by
contract, agreement, or otherwise.
(b) All such bus stop shelters shall be constructed in compliance with the requirements
of the Americans With Disabilities Act.
(c) If erected by contract or agreement with a private company, the terms of such
contract or agreement shall govern the placement of such shelters; provided, however, that all
such shelters shall comply with the following regYireMeRtsof this aFt'Gle IV (where+R all
references to " ourtesy b°v-rnGhes shall be deemed by this refeFeR _to 'nGl Fde"b~uc _stop
sbelt ! : ~~'F'
(1) Location: All bus shelters may be located on all Class 2, 3, 4 and 5 (collector,
arterial or major arterial) roadways. No bus shelter may be permitted on any Class 6 or 7
(local) roadways other than at intersections of a major roadway as described above
(refer to Exhibit A). Locations shall be generally as shown on attached Exhibit B, with
final approval of locations determined by the city. However, the city may deny
permission to locate a bus stop shelter at a specific location for any reason.
(2) Prior to construction of a bus shelter, the site shall be posted with a sign indicating a
shelter is proposed at that location and anyone objecting to the location shall indicate to
the city in writing, within fifteen (15) days of the posting of the sign, their objection and
the reasons therefor. Any location which receives an objection shall be presented to city
council at a public meeting for approval or denial. The city shall have the final
determination on the locations for bus shelters.
(3) The city council may, by resolution, add or delete locations shown on Exhibit B.
(4) Bus stop removal: SeGtien 21 126. IF THE BUS STOP AT WHICH A COURTESY
SHELTER FOR A BUS STOP IS PLACED IS MOVED OR ELIMINATED, NOTICE BY
CERTIFIED MAIL SHALL BE SENT TO THE OWNER OF THE SHELTER INFORMING
HIM THAT THE BENCH MUST BE REMOVED. THE BENCH SHALL BE REMOVED BY
THE PERMITTEE WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS MAILED.
PRIOR TO PLACING THE SHELTER FOR THE BUS STOP IN A NEW LOCATION,
NEW APPROVAL BY THE BUILDING INSPECTOR MUST BE OBTAINED BY
SUBMITTING A NEW APPLICATION FOR PERMIT AS PROVIDED IN THIS SECTION
21-151, A NEW SITE PLAN, AND AN ADDITIONAL FEE TO THE BUILDING
INSPECTOR.
3
(5) Application for miscellaneous building permit required: SeGtien 21 142(a) AN
APPLICATION FOR A MISCELLANEOUS BUILDING PERMIT SHALL BE SUBMITTED
TO THE CHIEF BUILDING INSPECTOR DISCLOSING THE NAME OF THE
APPLICANT, THE LOCATION OF THE PROPOSED COURTESY SHELTER, A SITE
PLAN ON THE FORM PROVIDED BY THE BUILDING INSPECTOR, AND ANY OTHER
MATERIALS WHICH MAY BE REQUIRED BY THE BUILDING INSPECTOR. ONE
MISCELLANEOUS BUILDING PERMIT APPLICATION MAY BE MADE FOR ONE OR
MORE SHELTERS; PROVIDED, HOWEVER, THAT A SEPARATE FEE SHALL BE
PAID FOR EACH SHELTER AS HEREINAFTER PROVIDED.
(6)--indemnity to the Gity aRd the +GSectii ; 21 47.
(7) ArssignmeRt Gr tFaRSfer: Sestieg 21- 443.
(8)(6) Denial, revocation: See}i~,e„ 149. ANY PERMIT ISSUED UNDER AUTHORITY
OF THIS ARTICLE MAY BE DENIED OR REVOKED BY THE DIRECTOR OF PUBLIC
WORKS AT ANY TIME WITHOUT CAUSE.
(4)(7) Removal following revocation: Seetie^ 21 150. IN THE EVENT A PERMIT IS
REVOKED FOR ANY COURTESY SHELTER, NOTICE SHALL BE SENT BY
CERTIFIED MAIL TO THE PERMITTEE AS LISTED IN THE MOST RECENT
APPLICATION OR REAPPLICATION FOR PERMIT. WITHIN THIRTY (30) DAYS
AFTER THE NOTICE IS SENT, THE PERMITTEE SHALL REMOVE OR CAUSE TO
HAVE REMOVED THE PARTICULAR COURTESY SHELTER OR SHELTERS. IF THE
PERMITTEE FAILS TO REMOVE THE PARTICULAR COURTESY SHELTER OR
SHELTERS PURSUANT TO THE NOTICE, THE CITY SHALL HAVE THE IMMEDIATE
RIGHT TO HAVE THE COURTESY SHELTER OR SHELTERS REMOVED AT THE
EXPENSE OF THE PERMITTEE. THE REVOCATION OF A COURTESY SHELTER
PERMIT SHALL APPLY TO THE SHELTER OR SHELTERS WHICH ARE EXPRESSLY
LISTED IN THE NOTICE.
Section 7. Sections 21-125 through 21-127 and Sections 21-141 through 21-150 of the
Code of Laws are hereby repealed.
Section 8. Safety Clause. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge,
that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be attained.
Section 9. 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 10. Effective Date. This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5.11 of the Charter.
4
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 1 on this 26th
day of January, 2009, 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,
February 9, 2009, 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 2009.
SIGNED by the Mayor on this day of 1 2009.
ATTEST:
Jerry Ditulio, Mayor
Michael Snow, City Clerk
First Publication: January 29, 2009
Second Publication:
Wheat Ridge Transcript:
Effective Date:
Approved As To Form
Gerald E. Dahl, City Attorney
5
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER R )tola Deleted:
Afnendccl Council Bill No. pi-2009 Deleted:_
Ordinance No.
Series of 2009
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 21 OF THE CODE OF
LAWS OF THE CITY OF WHEAT RIDGE ENTITLED COURTESY BENCHES
AND BUS STOP SHELTERS.
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of
the State of Colorado organized and existing as a home rule municipality pursuant to Article XX
of the Colorado Constitution and the home rule charter for the City (the "Charter"); and
WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local
self-government and home rule and all the power possible for a municipality to have under the
Constitution of the State of Colorado, including the power to regulate the placement of
structures in and around the public rights-of-way; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City Council")
previously adopted a courtesy bench and bus shelter program, as Article IV of Chapter 21 of the
Code of Laws of the City of Wheat Ridge ("Code of Laws"); and
WHEREAS, the courtesy bench program allows multiple individuals to participate in the
program which staff finds and the City Council agrees is inefficient; and
WHEREAS, in order to improve efficiency and generate additional revenue for the City,
the City Council wishes to amend Article IV of Chapter 21 to create a new provider program for
courtesy benches; and
WHEREAS, upon the creation of a new provider program for courtesy benches, several
existing sections in Article IV of Chapter 21 will be obsolete and the Council wishes to repeal
such provisions.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 21-121 of the Code of Law is amended to read as follows:
Sec. 21-121. Definition.
In this article "courtesy bench" means ANY BENCH OR SEAT THAT MAY OR MAY
NOT CONTAIN ADVERTISING MATERIAL, WHICH IS LOCATED ON A PUBLIC RIGHT-OF-
WAY OR PUBLIC OR PRIVATE PROPERTY WITHIN THE CITY AND IS ADJACENT TO AN
RTD SIGN DESIGNATING A BUS STOP.
(4)--°,thin the eity,
which-Gen#ains-adveFti ng-material=
ATTACHMENT 2
(2) Any -bench or-seat, not vertis'
ena publiG right of-way-or-on private prope"ith+n he following
Section 2. Section 21-123 of the Code of Laws is repealed and reenacted to read as
follows:
Sec. 21-123. CITY TO PERMIT LOCATION.
THE CITY MAY PERMIT __ONE OR MORE PROVIDERS OF COURTESY BENCHES IN ll
-J
THE CITY , THE CITY MAY PROVIDE FOR INSTALLATION OF COURTESY BENCHES Deleted THE DISCRETION OF
DIRECTLY BY THE CITY, BY CONTRACT, AGREEMENT OR OTHERWISE. ALL -
Deleted MANAGER
COURTESY BENCHES SHALL BE CONSTRUCTED AND INSTALLED IN COMPLIANCE - -
WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT AND AS
OTHERWISE PROVIDED IN THIS ARTICLE IV. IF INSTALLED BY CONTRACT OR
AGREEMENT, THE TERMS OF SUCH CONTRAT OR THE
BENCHES COMP WITHAPRIVATE l
THAT ALLSHALLSUCHGOVERN
PLACEMENT OF SUCH BENCHES; PROVID DC HOWEVER,AGREEMENT
SHALL COMPLY WITH THE LOCATION REQUIREMENTS DESCRIBED IN THIS ARTICLE IV. J
ADVERTISING
Section 3. Section 21-124 of the Code of Laws is amended by the deletion of
subsections (a), (b), (c) and (f) and the designation of the existing subsections (d) and (e) as the
new subsections (a) and (b), and the new subsection (b) is amended to read as follows:
Sec. 21-124. Censt uc41on--spesi€+c-at+on-_,,~ COURTESY BENCH location,
maintenance.
04(a) Zones in which advertising matter on benches permitted...
(e)(b) Benches without advertising. For every five (5) beGhes allewed adverising;
e-other thaR se
listed-above. The city specifically finds that the exclusion of benches containing advertising
from the A-1, A-2, R-1, R-1A, R-1 C, R-2 zone districts within the city is necessary to preserve
the aesthetic character and integrity of the predominately single family residential homes and
neighborhoods established therein. Beeaase the -.Teeafor bendh _ s e ists; A,ithiri sueh
enumerated edam, tely sing'le-#afnily-- Fea , provided such benches d of ` enigFmrat^e the
aesthetic characteristics thereof thFeugh the of dyerhs g the - - it required that presenGe for every ive (5) benches allowed with-ad ~ rtising within the oommeroial. industrial, ultifarnily
and hospital series identified above, each beneh Gempany shall provide one benGh t
advertising in one of the predelRiFlately single family residential areaS eRUFReFated on thiS
bs Gt'n
Section 4. Section 21-128 of Code of Laws is amended to read as follows:
Sec. 21-128. Planning di-reeter- DIRECTOR OF PUBLIC WORKS authority.
Notwithstanding any other provision of this article, the director of oo rnwa+t-y
development PUBLIC WORKS is authorized to declare any individual bus stop, group of
stops or other defined area as an area in which courtesy benches may not be located.
The-d+rester--c opm.ent is uAher-authorized to reds ce- the max-ifnum
;a&-applied4oany sto"r- eL.
r+umber-of-benches allowed tmdef-sestion 21-146-
Section 5. Division 2 of Article IV of Chapter 21 of the Code of Laws is renamed Bus
Stop Shelters.
Division 2. PERMIT-BUS STOP SHELTERS
Section 6. Section 21-151 of the Code of Laws is amended by the addition of
subsections and additional text to read as follows:
(a) The city may provide for the erection of bus stop shelters directly by the city, by
contract, agreement, or otherwise.
(b) All such bus stop shelters shall be constructed in compliance with the requirements
of the Americans With Disabilities Act.
(c) If erected by contract or agreement with a private company, the terms of such
contract or agreement shall govern the placement of such shelters; provided, however, that all
such shelters shall comply with the following regErir--. ent& f ~~w4er-eiR-all
^cR^TCiSeS-t T~~vr ie { f 1 I ri "I'' ~
shelteFs)":
(1) Location: All bus shelters may be located on all Class 2, 3, 4 and 5 (collector,
arterial or major arterial) roadways. No bus shelter may be permitted on any Class 6 or 7
(local) roadways other than at intersections of a major roadway as described above
(refer to Exhibit A). Locations shall be generally as shown on attached Exhibit B, with
final approval of locations determined by the city. However, the city may deny
permission to locate a bus stop shelter at a specific location for any reason.
(2) Prior to construction of a bus shelter, the site shall be posted with a sign indicating a
shelter is proposed at that location and anyone objecting to the location shall indicate to
the city in writing, within fifteen (15) days of the posting of the sign, their objection and
the reasons therefor. Any location which receives an objection shall be presented to city
council at a public meeting for approval or denial. The city shall have the final
determination on the locations for bus shelters.
(3) The city council may, by resolution, add or delete locations shown on Exhibit B.
(4) Bus stop removal: S f21 'CIF THE BUS STOP AT WHICH A COURTESY
SHELTER FOR A BUS STOP IS PLACED IS MOVED OR ELIMINATED, NOTICE BY
CERTIFIED MAIL SHALL BE SENT TO THE OWNER OF THE SHELTER INFORMING
HIM THAT THE HELTER__MUST BE REMOVED. THE S,~H -LTER SHALL BE .
REMOVED BY THE PERMITTEE WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS
MAILED. PRIOR TO PLACING THE SHELTER FOR THE BUS STOP IN A NEW
LOCATION, NEW APPROVAL MUST BE OBTAINED AS PROVIDED IN THIS
SECTION 21-151„
Deleted: BENCH
Deleted: BENCH
Deleted: BY THE BUILDING
INSPECTOR
Deleted: BY SUBMITTING A NEW
APPLICATION FOR PERMIT
Deleted: A NEW SITE PLAN, AND
AN ADDITIONAL FEE TO THE
BUILDING INSPECTOR.
(5) Application for miscellaneous- building RIGHT OF-WAY USE permit required:
Section-24-44AN APPLICATION FOR A RIGHI-QF-WAY USE PERMIT SHALL
BE SUBMITTED TO THE PUBLIC WORKS nFPARTMFNT AS PRn\/InFn IN
COURTESY SHELTEi,
(6) Indernnity o-4he-cwt' y-and the pub:,-~~eo#;o.r21
(7) Assignment OF transfer: SeGtien 21 143.
(8)(6) Denial, revocation: Seetion 21 149. ANY PERMIT ISSUED UNDER AUTHORITY
OF THIS ARTICLE MAY BE DENIED OR REVOKED BY THE DIRECTOR OF PUBLIC
WORKS AT ANY TIME WITHOUT CAUSE.
M(7) Removal following revocation: Section 21 15 . IN THE EVENT A PERMIT IS
REVOKED FOR ANY COURTESY SHELTER, NOTICE SHALL BE SENT BY
CERTIFIED MAIL TO THE PERMITTEE AS LISTED IN THE MOST RECENT
APPLICATION OR REAPPLICATION FOR PERMIT. WITHIN THIRTY (30) DAYS
AFTER THE NOTICE IS SENT, THE PERMITTEE SHALL REMOVE OR CAUSE TO
HAVE REMOVED THE PARTICULAR COURTESY SHELTER OR SHELTERS. IF THE
PERMITTEE FAILS TO REMOVE THE PARTICULAR COURTESY SHELTER OR
SHELTERS PURSUANT TO THE NOTICE, THE CITY SHALL HAVE THE IMMEDIATE
RIGHT TO HAVE THE COURTESY SHELTER OR SHELTERS REMOVED AT THE
EXPENSE OF THE PERMITTEE. THE REVOCATION OF A COURTESY SHELTER
PERMIT SHALL APPLY TO THE SHELTER OR SHELTERS WHICH ARE EXPRESSLY
LISTED IN THE NOTICE.
Section 7. Sections 21-125 through 21-127 and Sections 21-141 through 21-150 of the
Code of Laws are hereby repealed.
Section 8. Safety Clause. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge,
that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be attained.
Section 9. 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.
Formatted: Strikethrough
Deleted: MISCELLANEOUS
BUILDING
Deleted: CHIEF BUILDING
INSPECTOR DISCLOSING THE
NAME OF THE APPLICANT. THE
LOCATION OF THE PROPOSED
COURTESY SHELTER, A SITE
PLAN ON THE FORM PROVIDED
BY THE BUILDING INSPECTOR,
AND ANY OTHER MATERIALS
WHICH MAY BE REQUIRED BY
THE BUILDING INSPECTOR. ONE
MISCELLANEOUS BUILDING
PERMIT APPLICATION MAY BE
MADE FOR ONE OR MORE
SHELTERS, PROVIDED,
HOWEVER, THAT A SEPARATE
FEE SHALL BE PAID FOR EACH
SHELTER AS HEREINAFTER
PROVIDED
Section 10. 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 this
day of , 2009, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge 9,a at Public Hearing and
o'clock p.m., in the rCounccil Chambers, 7500
for
West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of to , this day of
SIGNED by the Mayor on this day of , 2009.
Jerry Ditulio, Mayor
ATTEST:
Michael Snow, City Clerk Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication: _
Wheat Ridge Transcript:
Effective Date:
City of
WheatR idge
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: February 9, 2009
DING
TITLE: COUNCIL BILL 02-2009 - AN ORDINANCE
DISTRICT
CHAPTER 26 CONCERNING ZONING
BOUNDARY DISCREPANCIES AND INTERPRETATIONS
(CASE NO. ZOA-08-06)
❑ PUBLIC HEARING
F] BIDS/MOTIONS
❑ RESOLUTIONS
Quasi judicial: F] YES
I
Director o ommj it Deve ent
EXECUTIVE SUMMARY:
® ORDINANCES FOR IST READING (02/09/09)
El ORDINANCES FOR 2ND READING (02/23/09)
® NO
G
City ManAt the July 7, 2008 City Council study session, Council directed staff to move forward with
the list of proposed short, mid, and long term zoning code amendments. The attached
ordinance represents one amendment from that list.
Staff has proposed the attached amendment that addresses properties with multiple zone district
boundaries or zone district boundary discrepancies. There are numerous properties in the city
with this issue. This presents substantial challenges to d efly v l as or redeveloping these
properties. The recommended changes can summarized br
Consolidate Sections 26-119 and 26-203 into one section, repealing 26-203
Provide limited "by right" options for property owners to use their property if it is "split
zoned"
Create administrative adjustment procedure available to property owners with split zoned
lots
The Planning Commission reviewed this code amendment at a public hearing held on December
18, 2008 and gave a recommendation of approval.
rn
tt~~ . ~ ~ t 1I r. I
COMMISSION/BOARD RECOMMENDATION:
The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All
changes to Chapter 26 require review and a recommendation from the Planning Commission. A
public hearing on this amendment was held before the Planning Commission on Thursday,
December 18, 2008. Planning Commission recommended approval of the attached ordinance by
a unanimous vote.
STATEMENT OF THE ISSUES:
The city adopted the official Jefferson County zoning map when it
was incorporated in 1969. The methods for how precisely the zone
district boundaries were drawn relative to streets and property
boundaries at this time is not certain. How these boundaries were
drawn has resulted in a substantial number of properties with zone
district boundaries that are not consistent with property boundaries
and existing improvements on the property. An example of two
properties with this issue is provided to the right.
Current Code
Currently, there are multiple sections of the Code that address these
situations:
0 26-203 "Rules for Interpretation of Zone District
Boundaries",
• 26-119 "Zoning and Mapping Corrections", and
a 26-115.E "Interpretations".
None of the above sections have historically provided adequate
direction for staff to rectify these situations. There has not
historically been a widely used or effective manner of dealing with
these properties.
The options for applicants in the current code can be summarized as follows:
1. The Board of Adjustment may interpret and adjust the district boundaries by a
decision at a public hearing "where physical or cultural features existing on the
ground are at variance with those shown on the official zoning map" per Section 26-
203.G.
2. Where there is a "verifiable error" in the Official Zoning Map, the Director of
Community Development may make and administrative correction to the map per
Section 26-119. This has been difficult to achieve given that the city adopted the
Jefferson County zoning map when it was incorporated in 1969.
Issue Summary
There are two main issues with "split zoned" properties and the current code:
1. Each zone district contains its own unique set of development standards and allowed
uses. For instance, a property with residential and commercial zoning (see above graphic
example) contains two completely different sets of standards. Any type of improvements
proposed on these properties presents a significant challenge for the property owner and
staff to accommodate under current regulations.
2 recent examples of'
properties with split
zoning.
2. The current regulations typically require an applicant to undertake a process with a public
hearing to correct a zone district boundary issue they were not responsible for, unless a
"verifiable error" can be found in how the district boundary was drawn. If this verifiable
error can be found, the process may be administrative. As the district boundaries were
drawn in 1969 at the time the City incorporated, finding any verifiable error has been
extremely difficult.
h them substantial
ontnbbt d to properties
It has been staff's observation that the combined effect
many of these
this issue and the lack of a clear process for dealing with
properties sitting in disrepair and/or being difficult to make improvements to.
Staff Recommendations
Consolidate Sections 26-119 and 26-203 into one section, repealing 26-203.
Provide limited administrative "by right" options for property owners to use their
property if it is "split zoned".
o These options include - 1) using the portions of the property with their respective
zoning classifications, 2) using the entire lot for the zone district that encompasses
the majority of the land area, provided that it is not to a "higher intensity" zone
district; or 3) request an "administrative adjustment" to the Official Zoning Map
to adjust the zoning district boundary.
The administrative adjustment procedure proposed is generally as follows:
o The Community Development Director may approve the adjustment if it meets
certain criteria;
o The adjustment cannot extend the boundary by more than 50 feet;
o The property cannot exceed 1 acre in size; and
o The adjacent property owners are notified and given the opportunity to object -
similar to the administrative variance process.
ALTERNATIVES CONSIDERED:
Keep current code provisions dealing with these properties
For split zoned lots, allow the entire lot to be used with the zoning that encompasses
more than 50% of the lot area, regardless of the zone district
Create improved non-administrative or administrative adjustment procedure applicable to
all split zoned lots, not allowing "by right" adjustments
FINANCIAL IMPACT:
There is no direct financial impact to the city;c ow improved lexi pbility for roperty split zoned lots
may result in opportunities to improve and oc py vacant
RECOMMENDED MOTION:
"I move to approve Council Bill No. 2-2009, Case #ZOA-08-06, an ordinance amending
Chapter 26 of the Code of Laws concerning zoning district boundary discrepancies and
interpretations on first reading, order it published, public hearing set for Monday, February
23, 2009 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. 2-2009, Case #ZOA-08-06, an ordinance
amending Chapter 26 of the Code of Laws concerning zoning district boundary discrepancies
and interpretations, for the following reason(s): »
Report Initiated by: Jeff Hirt
Report Prepared by: Jeff Hirt
Report Reviewed by: Meredith Reckert & Kenneth Johnstone
ATTACHMENTS:
Council Bill No. 2-2009
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.02-2009
Ordinance No.
Series of 2009
TITLE: AN ORDINANCE AMENDING CODE OF LAWS CHAPTER 26 CONCERNING ZONING
DISTRICT BOUNDARY DISCREPANCIES AND INTERPRETATIONS
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado
Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and
welfare; and
WHEREAS, the Council of the City of Wheat Ridge finds that more flexibility is desirable with regards to zoning
district boundary discrepancies and interpretations; and
WHEREAS, the Council of the City of Wheat Ridge finds that providing flexibility, options, and a clear procedure
for dealing with zoning district boundary discrepancies and interpretations creates an incentive for making-
improvements to property; and
WHEIU,'AS, the Council of the City of Wheat Ridge finds that this amended ordinance provides sufficient
parameters and public involvement to deal with zoning district boundary discrepancies and interpretations.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1: Section 26-119 of the Code is repealed and reenacted to read:
Section 26-119efrin~ std >~9appinh (gin reetin+rs
A.
B. Zoning District Boundaries Uncertain
Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the
following sltall apply:
1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be
construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lot lines shall be construed as following such
lot lines.
3. Boundaries indicated as approximately following city limits shall be construed as following city limits.
4. Boundaries indicated as approximately following railroad lines shall be construed to be midway
between the main tracks.
5. Boundaries indicated as approximately following shorelines sltall be construed to follow such
shorelines. Boundaries indicated as approximately following the centerlines of streams, rivers, canals,
lakes, or other bodies of water shall be construed to follow such centerlines. In the event of a natural
change in the shoreline or centerline, the district boundary shall be construed as moving with the actual
shoreline or centerline. In the event of a change directly or indirectly the result of human actions, the
district boundary sltall not be construed as following the new shoreline or centerline.
6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through 5. shall
be so construed. Distances not specifically indicated on the Official "Zoning Map sltall be determined
by the legal description as contained in a rezoning ordinance or resolution adopted by the city council.
or, if the zoning pre-dates the adoption of Ordinance No. 98, adopted on
May 2, 1972, shall be determined by measurement of the Official
Zoning Map currently in effect.
7. Where physical or cultural features existing on the ground are different
than those shown on the Official Zoning Map, or in other circumstances
not coffered by this section s~-4jet}s A- abeN,e, the
Community Development Director baar of shall interpret
the district boundaries in accordance with procedures set forth in
Section 26-119.6 section 26 115.
8. Boundaries indicated as approximately following section lines or
division lines of sections (i.e. quarter-section lines) sliall be construed to
follow such land lines,
(Ord. No. 2001-1215, § 1, 2-26-01)
Example 1: Three options are
available to resolve this "split
zoning" subject to Section 26-
119.D. 1) The entire lot may be
considered R-2, 2) each portion
of the lot may be used as R-2 or
C-1 within the respective
boundaries, or 3) an
administrative adjustment to the
map may be requested.
1). .
Example 2: Two options are
available to resolve this "split
zoning". C-1 is considered a
"higher intensity" zone district;
therefore it may not be utilized for
the entire lot even though it
encompasses the majority of the
lot. 1) Each portion of the lot may
be used as R-2 or C-1 within the
respective boundaries, or 2) an
administrative adjustment to the
map may be requested.
t on of
this Subsection E.
and affirm, rcm-se or modify the
3. )Minor
Figure 26-119.2: Zone district
levels of intensity.
a. Subdivisions
Corrections to name of subdivisions, locations of lot lines and boundary lines, location and names
of streets and alleys and railroads.
b. Base map
Corrections to watercourse locations or names, location or names of lakes, names or location of
street or railroads.
c. Zoning information
Corrections to names of planned developments, case numbers, and closure of zone districts in
accordance with the most recent record of zoning action where there is no zoning line separation
between two (2) different zrnre districts.
d. Verifiable Errors
Where a verifiable error is discovered in the zone classification of any particular parcel as displayed
on the Official Zoning Map, or as represented in a rezoning ordinance, the Community
Development Director shall notify the current property owner by certified mail of the error and
shall inform the owner of the intent to correct the error based upon the record of the last rezoning
action. The Director shall also notify City Council o£ the proposed correction by memorandum,
including documentation which supports the corrective action. If within thirty (30) days of the date
of notice to the property owner, lie or she fails to submit a written protest to the correction, the
Director may correct the error and shall publish a legal notice of the correction. However, if the
owner does file a written protest, a rezoning action shall be initiated. The rezoning action shall be
subject to the provisions of section 26-112 except that no fee shall be assessed.
e. Miscellaneous Corrections
At any time minor corrections to the Official Zoning Map which do not affect the zoning of any
parcel may be made with the approval of the Community Development Director and with a note
added under the "revisions" box on said map, indicating that an "administrative correction" has
been made, a case file shall be created with a case number assigned for each correction, with
information contained in the file which gives the location and nature of the correction.
(Ord. No. 2001-1215, § 11 2-26-01; Ord. No. 1288, 1, 2, 5-12-03)
Section 2: Section 26-203 of the Code is repealed to read:
Sec. 26-203. Rules for interpretation of district boundaries
[Repealed]
Section 3: Section 26-1 15 of the Code is amended to read:
Sec. 26-115. Variance/waivers/temporary permits/interpretations
1. Interpretations
The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation
of certain of the provisions of this chapter in such a way as to carry out their intent and purpose. This
authority shall extend only to the following:
a. The basic intent and purpose of-words, phrases or paragraphs as applied to a specific proposal or
instance.
b. Use of property as an "other similar use;" however in no instance shall the board make an
interpretation that a particular use may be permitted in a zone district where that use is specifically
enumerated in a higher; that is more intensive, zone district.
C. Relatianshi l imps- eels f ghts of Fva}, treams, efty betindapies, ett-
where sueh ar-ie~nsistent- itht}r~ftffieial i-eni•,` inaps-o"he City of Wheat Ridge.
Section 4: Section 26-106 of the Code is amended to read:
Sec. 26-106. Review process chart.
TABLF INSET:
I Approval Rcgaesiecl Pr-e-Applicutin1u Fint'd Notes
Staff
Neighborhood
Staff
PC
C,C,
BOA
URPC
Site Plan
4 X
A
A
§ 26-111
Major Subdivision
X
H
H
URA
§ 26-404.0.
Minor Subdivision
}C
H
11
URA
§ 26-404.13
(w/dedications)
Minor Subdivision
X
If
URA
Appeal to CC §
(w/o dedications)
26-404.13
Minor Plat Correction,
X
A
§ 26-409
Amendment, Revision
Lot Line Adjustment
X
A
§ 26-410
Consolidation Plat
X
I I
II
URA
I § 26-404.1)
(w/dedication)
Consolidation Plat
4 X
(w/o dedication)
A
URA
§ 26-117
Planned Development:
Outline Development Plan
X
X
H
H
URA
2 ART HI
(ODP)
Planned Development
Final Development Plan
X
A
LIRA
ART III
(FDP)
Ptaimed Development:
Outline Development Plan
X
X
H
11
URA
2 ART III
Amendment
Plamied Development:
Final Development Plan
X
A
URA
ART III
Amendment
Rezoninb, Private
x
X
11
II
URA
2 § 26-112
Rezoning, City
X
H
H
URA
2 §26-111
§ 26-1 14
Special Use
x
X
A
II
URA
Appeal
to CC
Variance--Administrative
Appeal to BOA
A
A
§ 26-115.C.
Variance--Non
H
URA
§ 26 115.0
administrative
Temporary Permit
H
A
§ 26-115.D
Interpretation
A
Appeal to BOA
§ 26-115.E
Administrative
Adjustments to the Official
Zoning flap
A
Appeal to CC §
26-119.L
Pre-Application
Final
Approval Requested
Staff
Neighborhood
Staff
PC
BOA
Notcs
CC
URPC
Historic Designation
H
URA
ART IX
Planned Bldg. Group
4 X
A
11
A
3§ 26-1 IF,
Floodplain Permit--Class I
A
s 26-806
Floodplain Pennit--Class
4 X
H
` 26-8(j-
II
Right-of-way Vacation
X
H
H
URA
1 1
Section 5: Safety, Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and
that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object
sought to be attained.
Section 6: Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of the 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 the 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 this day of
2009, ordered Published in full in a neN~spaper of general circulation in the City of Wheat Ridge and
Public Hearing and consideration on final passage set for .2009. at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29'x' Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PIMLISIIED on second and final reading by a vote of to this
day of 2009.
SIGNED by the Mayor on this day of 2009.
Jerry Dil'ullio, klavor
ATTEST:
Michael Snow, City Clerk
Approved As To form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication: _
Wheat Ridge Transcript:
Effective Date:
City of
Wheatdge
ITEM NO: 4_1
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEE'T'ING DATE: February 9, 2009
TITLE: COUNCIL BILL 03-2009 - AN ORDINANCE AMENDING
ARTICLE VIII OF CHAPTER 26 CONCERNING FLOODPLAIN
ADMINISTRATOR DECISION-MAKING AUTHORITY &
FLOODPLAIN DEVELOPMENT STANDARDS (CASE NO. ZOA-
08-09)
❑ PUBLIC HEARING
❑ BIDS/MOTIONS
❑ RESOLUTIONS
® ORDINANCES FOR Isi READING (02/09/09)
❑ ORDINANCES FOR 2ND READING (02/23/09)
Quasi-judicial: ❑ YES
Director o Comm] nity evelop ent
EXECUTIVE SUMMARY:
® NO
City Man r
At the July 7, 2008 City Council study session, Council directed staff to move forward with the list
of proposed short, mid, and long term zoning code amendments. The attached ordinance represents
one amendment from that list.
Staff has proposed amendments to some of the floodplain administrator authorities and 100 year
floodplain development standards. Specifically, the current regulations lack flexibility with regards
to the construction of fences in the flood storage district of the 100 year floodplain. Additionally,
the title of "city engineer" should be removed in favor of the current titles of Director of Public
Works and Floodplain Administrator. The changes can be summarized briefly as follows:
The current regulations require all fences to be at least one foot above base flood elevation in
the flood storage district. This has been problematic for developed properties in the floodplain
with regards to repairing existing fences and constructing new ones where there is no adverse
impact on the flood storage district.
The Floodplain Administrator is currently defined as the "city engineer" which is not an active
title. This term has been replaced with "Director of Public Works".
The Planning Commission reviewed this code amendment at a public hearing held on December 18,
2008 and gave a recommendation of approval.
COMMISSION/BOARD RECOMMENDATION:
The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to
Chapter 26 require review and a recommendation from the Planning Commission. A public hearing on
this amendment was held before the Planning Commission on Thursday, December 18, 2008. Planning
Commission recommended approval of the attached ordinance by a unanimous vote.
STATEMENT OF THE ISSUES:
There are two types of flood designations that make up the 100 year floodplain of the Flood
Regulatory District - the Floodway District and the Flood Storage District. Per Section 26-802 of the
Code of Laws, they are defined as follows:
• Flood regulatory district. The area adjacent to a watercourse which is subject to flooding as the
result of the occurrence of the 100-year flood. Thus, the area is so adverse to past, current or
foreseeable construction or land use as to constitute a significant hazard to public health and
safety or to property. The term includes, but is not limited to, mainstream floodplains; debris-
fan floodplains; and dry wash channels and dry wash floodplains. The flood regulatory district
is composed of the Floodway District and the Flood Storage District.
• Flood storage district. The fringe portion of the Flood Regulatory District in which flows are
characteristically backwater and areas of shallow flooding.
• Floodway district. The portion of the Flood Regulatory District required for the reasonable
passage or conveyance of the 100-year flood which is characterized by hazardous and
significant depths and velocities.
ROOD
REGULATORY
DISTRICT 1
STORAGE
DISTRICT
DISTRICT
ROODWAY
DISTRICT ~ WATERCOURSE
FIGURE 26.801.1
Per Section 26-805, no structures are allowed in the Floodway District, including fences. There are
some limited allowances for structures in the Flood Storage District with approval of a special
exception permit. There are two types of special exception permits - class I and class II. Class I
permits must be approved by the Floodplain Administrator. A class I permit is required for any non-
habitable structure such as sheds and fences.
Per Section 26-806.F.16, "all fences shall be designed so that the bottom portion, except for
supporting fence posts, are elevated one (1) foot above base flood elevation or in a breakaway design
if approved by the floodplain administrator."
For properties in the Flood Storage District, specifically developed properties, this presents
challenges to having privacy fences, fences for screening (as is required by the Code of Laws), or
making repairs to existing fences.
Staff is recommending that any fence in the Flood Storage District still must obtain a class I
exception permit, but it is at the Floodplain Administrator's discretion as to whether or not it must be
elevated one foot above base flood elevation or of breakaway design. The class l permit would still
require an evaluation by the Floodplain Administrator as to any potential adverse impacts on the
floodplain. An example staff would foresee is where a
single family property in the floodplain with an existing
privacy fence would want to rebuild the fence, or
construct a new one to replace one in disrepair. If the
property is relatively far from the floodway (as several
are on the example to the right), allowing the
reconstruction or new construction of a fence may not
have adverse impacts on the floodplain. Staff is not
recommending any changes related to any other type of
structures in the Flood Regulatory District.
ALTERNATIVES CONSIDERED:
Do not approve the proposed legislation.
FINANCIAL IMPACT:
None.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 3-2009, Case #ZOA-08-09, an ordinance amending Article VIII
of Chapter 26 of the Wheat Ridge Code of Laws concerning floodplain administrator decision-
making authority & tloodplain development standards on first reading, order it published, public
hearing set for Monday February 23, 2009 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. 3-2009, Case #ZOA-08-09, an ordinance amending
Article VIII of Chapter 26 of the Wheat Ridge Code of Laws concerning tloodplain administrator
decision-making authority & floodplain development standards, for the following reason(s):
Report Initiated by: Jeff Hirt
Report Prepared by: Jeff Hirt
Report Reviewed by: Meredith Reckert & Kenneth Johnstone
ATTACHMENTS:
1. City Floodplain Map
2. Council Bill No. 3-2009
CITY OF WHE I RID(iI_. C()I_URADO
INTRODUC'FD BY COUNCIL NIFNII I1I
Council Bill No.03-2009
Ordinance No.
Series of 2009
TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VIII OF CHAPTER 26 CONCERNING
FLOODPLAIN ADMINISTRATOR DECISION-MAKING AUTHORITY K FLOODPLAIN DI:VELOPMEN-I'
STANDARDS
WIIEREAS, the City Council of the City of Wheat Ridge is authorized by the home Rule Charter and the Colorado
Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare, and
WIIEREAS, the City Council of the City of Wheat Ridge finds that more administrative flexibility is desirable with
regards to floodplain development standards; and
WHEREAS, the City Council of the City of Wheat Ridge wishes to make other conforming changes.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCII. OF THE C1 IY OI= WHEAT RIDGE.
COLORADO:
Section 1: Section 26-802 of the Code is amended to read:
Sec. 26-802. Definitions.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to
give them the meaning they have in common usage, so as to be consistent with the definition given the term
in other portions of this zoning code, and to give these regulations their most reasonable application.
h'loodpluin admillistratw~. The Director of Public Works city eng nee or his designee is assigned the
responsibility to coordinate and deal with all aspects of these regulations.
Section 2: Section 26-503 of the Code is amended to read:
Sec. 26-803. General provisions
A. Jiwisdiclion. The provisions of this article shall apply to all lands within the Flood Regulatory District
as defined on the official maps and engineering reports of the City of Wheat Ridge.
B. District hpes. The Flood Regulatory District covers the area inundated by the 100-year flood. The
Flood Regulatory District has been divided into two (2) subdistricts: The Floodway District and the Flood
Storage District.
The Flood Reg=ulatory District, the Floodway District, and the Flood Storage District are not separate zoning
districts, but are overlay districts over existing zoning districts. In addition to meeting the conditions of the
underlying wniuL> district, any property to be developed in the Flood Regulatory District must meet the
conditions of the applicable overlay flood district.
C. District defelmination. All properties within the boundaries of the 100-year flood as shown on the
current flood insurance rate map for the City of Wheat Ridge, sliall be in either the Floodway or Flood
Storage District and shall be subject to the requirements of sections 26-505 Floodway District, or 26-806
Flood Storage District, respectively.
D. Bomuluries. The boundaries of the Flood Regulatory District, Floodway District and Flood Storage
District have been defined by computing the 100-year flood limits under existing channel and floodplain
conditions as shown on the official maps and engineering reports.
The boundaries of the Flood Rel-11.1latorV District- Floodwav District and the Flood Storage District shall be
as they appear on the official maps and engineering reports kept on file in the office of the Floodplain
Adtttinistrator e+fy eeitte. The boundary lines on the map shall be determined by [lie use ol' the scale and
other surface features appearing on the map. When there is a conflict between the boundary lines illustrated
on the map and the actual held conditions. the dispute shall be settled according to section 26-808.
G. Official maps aml en-ineerin 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
Jefieuson County. Colorado", dated June 17. 2003, and any amendments or revisions thereto are hereby
adopted by relcrence and declared to be a part of this article.
The location and boundaries of the Floodwav and Flood Storage Districts shall be as shown in the folloNving
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 oh Clear Creek by Icon Engineering For the Urban
Drainage and Flood Control District- April. 2007.
3. Clear Creek: Clear Creek Floodplain Revisions at McIntyre Overflow - Letter Report by Icon
Engineering dated October 27, 2008.
4. Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for
the Urban Drainage and Flood Control District, October, 2007.
The flood insurance rate map and the above-mentioned engineering reports constitute the current flood
insurance study for the City of What 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 Rid-c, Colorado,
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1293, ti 1, 6-9-03; Ord. No. 1411, ti 1, 3-24-08)
Section 3: Section 26-806 of the Code is amended to read:
See. 26-806. Flood Storage District.
F. Develolment standards. The following regulations shall apply to all perniitted development and uses
within the Flood Storage District:
1. All new strictures which are walled and roofed and greater than one hundred twenty (120) square feet in
size must be elevated one (1) foot above the base flood elevation.
2. All development shall be evaluated based on any analysis of an equal degree of encroachment based on
conveyance of the 100-year flood extending for a significant reach on both sides.
3. No Flood Storage District uses shall adversely affect the efficiency of or unduly restrict the capacity of
the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage
facilities or systems.
4. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or
lateral movement of the structure and to withstand hydrodynamic loads.
5. All new construction, aftd substantial improvements, and fences shall be constructed with materials and
utility equipment resistant to flood damage.
T6-. AI4 ftnees ~E EIe i ~3ec~,c~-llttt~thc-bottom portion,-except for tiupl~c,rtin+=-(~ree~~H are elevated
one-(I-)-toot above bas flood elevaiien or in a breakaway design if ttppr~,ved-1~ d;~ f ~tplair3
adarr t n itrator
Section 4: Section 26-808 of the Code is amended to raid
Sec. 26-508. Administration
A. Moodplaht m nrimstrator. The Director of Public. Works ci ei of the City of Wheat Ridge or
his designee shall be the ❑oodplain administrator. The duties of the administrator shall include, but not be
limited lo:
1. Coordination bethrcen drhurantents and divisions:
a. Coordinate the application. permit- review, appeal, certification and enforcement processes between the
office of the Floodplain Administrator city- engineer and the department of conununity development's
divisions of planning, buildiII2, and code enforcement as appropriate to ensure compliance with these
re+aulations and an efficient use ofstaff
Section 5: Safety Clause. Tile City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the
health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health
and safety and for the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 6: Severability; Contlictint? Ordinances Revealed. I£any section, Subsection or clause o£the
ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining
scctionS, subsections and clauses shall not be affected thereby. All other ordinances or parts of the
ordinances in conflict with the provisions of this ordinance arc hereby repealed.
Section 7: Effective Date. This Ordinance shalt take effect fifteen days after final publication, as provided
by Section 5.1 1 of the Charter.
IN PRODUCED. READ, AND ADOPTED on first readim_* by a vote ol- to on this
day oC 2009. ordered published in hell in a newspaper oP,Ocneral circulation in the City
of ~Vlieat Ridge and Public I Iearin« and consideration on final passage set tier , ?009,
at 7:00 o'clock p.m.. in the Conseil Chambers. 7500 Nest 29"' Avenue. Wheat Ridge, Colorado.
READ. ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
to this day of 2009.
SIGNED by the Mayor on this day of' 2009.
JC[TV DiTullin. Mayor
ATTEST:
Michael Snow. City Clerk
Approved As To Form
Gerald I-. Dahl. Citv Attorney
First Publication:
Second Publication:
W'hcat Ridge Transcript:
Effective Date:
City of
Whcatl~,Ldgc
ITEM NO: 5
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: February 9, 2009
TITLE: COUNCIL BILL NO. 04-2009 - AN ORDINANCE AMENDING
ARTICLE It OF CHAPTER 25 OF THE WHEAT RIDGE CODE
OF LAWS CONCERNING URBAN RENEWAL
❑ PUBLIC HEARING
❑ BIDS/MOTIONS
❑ RESOLUTIONS
® ORDINANCES FOR 1sT READING (02/09/09)
❑ ORDINANCES FOR 2ND READING (02/23/09)
Quasi-judicial: ❑ YES
City Attorney
EXECUTIVE SUMMARY:
® NO
f7p,r City Manager
Amends Chapter 25, Article II of the Code of Laws by allowing for the appointment of "any
otherwise qualified resident of the City" to the Urban Renewal Authority ("URA") when there
are no applicants to fill a vacancy in a particular Council District who are also residents of that
Council District.
COMMISSION/BOARD RECOMMENDATION:
NA
STATEMENT OF THE ISSUES:
The Code of Laws provision concerning the appointment of members to the URA currently
requires one member to be appointed from each Council District and three members to serve at
large. The Ordinance accounts for the situation in which a vacancy in a particular Council
District is advertised, but no applicants from that Council District apply for the position.
Currently, a vacancy in a Council District must be filled by a person from that Council District;
the vacancy will remain open indefinitely until a person from that Council District applies and
is appointed. The Ordinance provides greater flexibility in allowing for the appointment of any
other qualified resident of the City to fill the vacancy if it has been advertised and no District
resident has applied.
ALTERNATIVES CONSIDERED:
NA
FINANCIAL IMPACT:
None
"I move to approve Council Bill 04-2009, an Ordinance amending Article II of Chapter 25 of
the Wheat Ridge Code of Laws concerning Urban Renewal, on first reading, order it published,
public hearing set for Monday, February 23, 2009 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 04-2009 for the following reason(s):
Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670
ATTACHMENTS:
1. Council Bill 04-2009
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 04-2009
Ordinance No.
Series of 2009
TITLE: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 25 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING URBAN
RENEWAL
WHEREAS, the City of Wheat Ridge, acting through its City Council (the
"Council"), has authority pursuant to Article XX, Section 6 of the Colorado Constitution
and, inter aiia, C.R.S. § 31-15-103 to protect the health, safety and welfare of the
residents of the City; and
WHEREAS, the Council previously created the Wheat Ridge Urban Renewal
Authority (the "Authority") pursuant to C.R.S. 31-25-101 et seq., by adopting Article II
of Chapter 25 of the Wheat Ridge Code of Laws, to reduce blighted areas within the
City for the protection of the health, safety and welfare of the City's residents; and
WHEREAS, Section 25-24 of Article II establishes the membership and
qualifications of the governing body of the Authority; and
WHEREAS, Section 25-24 requires that the Authority include one member from
each Council District ("District"); and
WHEREAS, the Council recognizes that while it is ideal to have at least one
member of the Authority from each District, from time to time it may be the case that
there are no qualified applicants from a particular District when there is a vacancy in
that District; and
WHEREAS, the Council desires to amend Section 25-24 to allow for the
appointment of any otherwise qualified resident of the City when there are no applicants
to fill a vacancy in a particular District who are also resident in that District.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Code of Laws Section 25-24 is hereby amended to read:
Section 25-24 Same-Appointment of members; number.
The authority shall consist of seven (7) members, one (1) of such
members being from each of the existing, or hereafter altered, city council
districts, and three (3) members to serve at large. IF, AFTER
REASONABLE ADVERTISEMENT, NO APPLICATIONS ARE RECEIVED
ATTACHMENT 1
FROM RESIDENTS WITHIN THE RELEVANT CITY COUNCIL DISTRICT
FOR A VACANCY ON THE AUTHORITY, ANY OTHERWISE QUALIFIED
RESIDENT OF THE CITY MAY BE APPOINTED. The at large members
may include one (1) elected city official (excluding the mayor), and/or one
(1) non-resident individual who owns an interest in or is a corporate officer
of a licensed business in good standing located within the city. Each
appointment to the authority shall be made by the mayor subject to
approval by majority vote of the entire city council. The term of office of
each member shall be five (5) years. Any member (with the exception of a
nonresident business owner member) who shall change his personal
residence to an address outside the city or outside the district he
represents shall cease to be a member of the authority and his seat shall
automatically be deemed vacant as of the date on which he ceased to be
a resident of the city or of the district. Any nonresident business owner
member whose business is no longer in good standing with the city or
whose business ceases operations or moves outside the city limits shall
cease to be a member of the authority and the member's seat shall be
deemed vacant as of the date of that occurrence. A member whose term
has expired shall continue to hold office until his successor has been
appointed and has qualified. Terms of office shall be staggered so that
the term of at least one (1) member shall expire each year. The city
council may appoint any number of ex-officio nonvoting members to serve
for terms at the pleasure of the city council.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this 9th day of February, 2009, 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 February 23, 2009, 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 23 `d day of February, 2009.
SIGNED by the Mayor on this day of , 2009.
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: