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Home My WebLink About1985 ~~~'~7~:~-!;Y~:~;';'~~~~-" ,!., .iJt'f-' f ,a ,~.;,.,.,.'j ''';;' . .':~t;) {", rc~, !'r, -'~f ,'ji".' ,.Il-.'!~ ~~:~.~:;~c~~~,., :.!~*,., J~t>~,ff~(~:'~ 'f. :. t " L';':"'~ '~~,,'_~ ""_ r .C,,;- ~,_..:.>:;;~' ~ HINES CONDON & ZARLENGO CERTIFIED PUBLIC ACCOUNTANTS ~ , 1i' -, ~!t~ iic ;;.'<: it ~," ~ May 20, 1986 \i' , ',~' ""'-' :t'_" ~~: it i~!;~ Mr. Robert R. Ridl Director of Local Government Audits 1365 Logan St., Suite 300 Denver, CO 80203 I Dear Mr. Ridl: 1 t\) Enclosed please find three (3) copies of the internal control letter that was issued to the City of Wheat Ridge pursuant to the December 31, 1984 audit. We are oroviding this information to you as a result of correspondence received from Mr. James Malone, which also included a copy of your letter to Council. Mr. Malone indicates in his letter that two reports, those being the compliance report and the internal control letter, are missing from the 1984 audit. We would like to point out that, as we discussed with Mr. Malone, the compliance report is included as part of the audit opinion, and that an internal control letter was issued as part of the audit, but was not forwarded along with the other audit information. Please advise if we can be of any further assistance. Sincerely, }, :.)j: ,~;~"! I'"~ Diotributed by City AdminiatratOI' To: Dat3: t;;- 5-~ H;~:i9~______ C OU.'1C nv-- C:C:lt:l Clerk~ City Atty. City Treas. .:.-- Dept.. liEla.d.~ Other: r A. Daley, CPA cc: James O. Malone City Treasurer vt i ty Counc il City of Wheat Ridge 70 EXECUTIVE CENTER, 4851 INDEPENDENCE STREET, SUITE 150 WHEAT RIDGE, co 80033 (303) 421'4775 ~ I' l16 MAIN STREET, LONGMONT, co 80501 (Hl3) 651.0771 Metro (303) 442'0254 ~f 'H' . ~ '"" ," .'i; d' -f- ;; '} '~ ,r;.. t" "" !>- ,,1 . ~~ PROPOSED STREET CROSSING OVER CLEAR CREEK (AND PROSPECT VALLEY SCHOOL) (WARNING~YOUR STREET AND HOME^MAY BE AFFECTED) .~ ':',." ,1, Despite a vote by the Wheat Ridge City Council last year to abandon the idea of a street crossing through the Clear Creek greenbelt, (proposed at that time to go from Simms on the South to Tabor on the north) the street committee has brought the matter up again. This committee, which consists of four councilmen, has directed the staff to go out for proposals from consulting firms to examine and make recommendations about four alternate routes. These four possible routes are as follows: I.Tabor Street(north) to Simms street(south.) 2.Pierson Street(north) to West 41st Place (south) 3. Parfet Street(north) to Oak Street(south) 4.Moore Street(north) to West 41st Avenue (south.) i~ " .',\ These alternates show on the drawing below. Please contact members of the street committee to voice "-;;'-: your opposition to this proposal. Hopefully, people contacting the street committee will not encourage a crossing somewhere that is not near them, but will oppose the idea of any crossing at all because of devastating effect on one of the prize areas of Wheat Ridge--the Creek greenbelt. Such a freeway through the greenbelt would spell end of any wildlife and make a noisy, polluted area out of what is no a beautiful, tranquil nature trail. Members of the street committee and their are: Rodney Johnson(voted in favor) 232-7443 Tony FIasco (voted in favor) 422-7447 Doris Ibbison (voted in favor) 424-1326 Moe Keller(voted 1n opposition)425-0l30 1~ I 1 ~ or .. . ", r--=-,: :' I .,... votes on this District III District If District I District IV II- II proposal JI 11 '; f ~ I: .L-r--- . Ii ; .. .. o o 1I . Q"O'" ..].:... .. - ~ i ~ .. ! . 4 . "'" ~ Ii; ~~.~ . - Ii ! I.... ~ . Ii ,;.~ , rt . ".,..tw( 4 .. ! << . . j . .. .. ,lr~= ~ .. . I' ~ . - I ~ - I .,__. ".. ~ . ~' ~ 'It " ~ .. I .J...... .... . C----: . '" . 0 I '" .. ! ) \'" .. .. ..... o.t ," j ~ C ,j j oJ \\ ( Ii i CITY OF WHEAT RIDGE - MEMORANDUM TO: Joe Cassa, Police Department Patty Crew, Personnel Department Howard Jacquay, police Chief Glen Gidley, Planning Division Ric Minetor, Public Wor~s Wanda Sang, City Clerk/ Greg Sasse, Data processing FROM: Marlene S. Griffiths, Volunteer Coordinator pro~t (r-- DATE: May 6, 1986 SUBJECT: Volunteer Job Descriptions Although hard to believe, it is THE WEEK OF MAY 5 that we set to get back together to review your "penciled in" volunteer job descriptions. I am available to meet with you Thursday, Friday, or Monday afternoon, May 8, 9, or 12. Please call me at Extension 207 to set a convenient time for us to meet to finalize the J.D.'s for typing. Volunteer recruitment will intensively begin the week of May 19. Thanks for all your cooperation and support. MG/pm TO: Marlene S. Griffiths FROM: Christa Jones, Deputy City Clerk for Wanda Sang, City Clerk Marlene, we have only a need for possibly two types of volunteers: 1) A person who would be interested in taking down the City Council Meetings on a court reporting device, and later transcribe these Meetings. 2) A person who would transcribe tapes for us, either on a typewriter or word processor. If you need any further detail, please come and see me on Friday. \:1~~ AGENDA ITEM....ltL CITY OF WHEAT RIDGE - MEMORANDUM ""Y 1 'I 1'32' InH ,...; - To TOM PALMER, CITY ADMINISTRATOR From HOhlARD ~~ect COMPUTER SYSTEM CONTRACTS Date MAY 6, E. JA AY CHIEF OF POLICE 1986 Approved Date Per the instructions of Council during its April 21, 1986 study session the Police Department entered final contract negotiations in reference to the Police computer system. I am happy to report that not only were all financing aspects, as directed by Council, obtained but additional pricing concessions were also obtained. This will provide the additional "contingency funds" as recommended by Councilman Johnson, and allow the department to obtain the uninterruptible power supply(s), tapes and ribbons, and other "start-up" items needed for operation of the system. The software agreement from Command Data Systems is attached. It features an additional $5,000 concession. It is also structured in such a manner as to allow continuing financial leverage pending completion of the various phases of the installation. The hardware proposal from Digital Equipment Corporation is also attached and is in keeping with Colorado state bid for the equipment specified. Final figures on Digital's portion of the hardware comes to $125,749.73 excluding shipping. This figure amounts to an additional $7,750 savings over the life of the purchase contract. The Digital Equipment Corporation lS nearing the end of its fiscal year, and due to a large capital surplus, the company lS offering a 12-month interest free lease-purchase option on contracts signed prior to May 23, 1986. However, Digital has no structure for offering the "half now, half later" type of arrangment recommended by Council. Since the net effect of Council's proposal works to the benefit of both the City and Digital, special permission was received from Digital's home office in Boston to modify Digital's "Declease" paperwork to convert it to a "Conditional Sale" contract structured exactly as proposed by Council. Since the timing of the contract approval is critical in order to preserve the arrangments that have been negotiated, I am requesting that this matter be placed on the t->lay 12,1986 Council agenda. I am further requesting that Council authorize Mayor Stites to sign these contracts at his earliest convenience in order that we may proceed with this vital project. SUGGESTED MOTION: I move that the purchase of hardware from Digital Equipment Corporation and software from Command Data Systems be approved, and that the Mayor be authorized to sign the originals of the attached contracts for same; and that funds for such purchases be taken from account numbers 01-05-201-776 and 01-05-201-809 as budgeted. COMMAND DATA SVSTEJVIS AGREEMENT SYSTEM DESIGN, PROCUREMENT AND INSTALLATION OF THE POLICE RECORDS AND MANAGEMENT INFORMATION SYSTEM This Agceement, enteced into this between the City of Command Data Systems, hereinaftec day of 1986, heceinaftec cefecced to as "CITY", and cefecred to as "CDS". WITNESSETH: WHEREAS, CITY has a need fOe a law enfoccement computec system and CDS has submitted a pcoposal (heceinaftec cefecced to as the Pcoposal) fOe the pucchase, and installation and suppoct of a police system, including computec hardwace and supporting software and services. NOW THEREFORE, in consideration of the premises and mutual promises and covenants herein contained, the parties hereto agcee as follows: 1. CONTRACT. The Contract consists of: A. This document. B. Exhibits A through F , attached hereto. 2. EQUIPMENT, SOF'IWARE, AND WORK TO BE PERFORMED. Subject to the prOVIsIons heceof CDS agrees to supply the computer hardware, software (hereinafter referred to as "Software"), and services as defined herein (cumulatively hereinafter referred to as the "System") in accordance with the Project Schedule, attached hereto, marked as Exhibit B. The Schedule shall commence on the first day of the month following the date first written above. 3. PAYMENT. In consideration of supplying the SYST81, CITY shall pay CDS an aggregate cash consideration of $100,000 United States Dollars in accordance with progress payments schedule set forth herein. This aggregate cash consideration is exclusive of all present and future federal, state oc local sales, use, excise of processing taxes or any other tax or charge, that is or may be imposed upon the product and services provided herein save taxes on net income. CDS failure to include or correctly compute such taxes on its invoices shall not relieve CITY of its obligation hereunder. CDS will submit invoices to CITY in accordance with said schedule and CITY shall pay such invoices within thicty (30) days aftec the date thereof. 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 -,-.-.:.----,------- -_..--~~~ -- -- ,~. .--- COMMAND CATA SVSTElVIS SOF"lWARE Event Payment as a percent of the module price Contract Signature Delivery of CCIC Interface Module completion of Acceptance Testing 60% 20% * 20% * 100% * Not Before 1/15/87 4. PROJECT MANUAL. CDS shall deliver for the City's approval a project Manual within 30 days following the date first written above. The project Manual includes: o Installation Plan and Schedule o Training Plan o Detailed System Specifications o Site Preparation Information o Acceptance testing Plan and Criteria 5. ~CE OF PHASE WORK. CDS shall certify in writing to CITY when each Module of the Software supplied by CDS hereunder is installed and ready for acceptance testing. This normally occurs after 60 days of operational use of the module. This certification shall constitute the beginning of a ten (10) working day acceptance period. CITY's standard of performance for the system shall be as set forth in the User's Manual. Within ten (10) working days following the expiration of the ten (10) working day acceptance period CITY shall respond to CDS in one of the following manners: (i) If successful accomplishment of all performance measures set forth in the Detailed Statement has been attained, CITY shall respond in writing that a respective phase or Module of the System is accepted; said response shall constitute final acceptance of the services delivered. (ii) If the CITY determines that the products and services delivered do not conform to requirements developed in ITEM 4 above, it shall so notify CDS. Thereafter, the acceptance period shall continue on a day-to-day basis until the acceptance test has been met for a total of ten (10) consecutive workings days. Failure by CITY to make any response to CDS within the ten (10) working day period shall be deemed final acceptance of the services delivered. 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 CITY OF WHEAT RIDGE - MEMORANDUM FROM: Joe Cassa, Police Department Patty Crew, Personnel Department Howard Jacquay, Police Chief Glen Gidley, Planning Division Ric Minetor, Public Wor~s Wanda Sang, City Clerk/ Greg Sasse, Data Processing Marlene S. Griffiths, Volunteer pro~~l~ Coordinator 0 TO: DATE: May 6, 1986 SUBJECT: Volunteer Job Descriptions Although hard to believe, it is THE WEEK OF MAY 5 that we set to get back together to review your "penciled in" volunteer job descriptions. I am available to meet with you Thursday, Friday, or Monday afternoon, May 8, 9, or 12. Please call me at Extension 207 to set a convenient time for us to meet to finalize the J.D.'s for typing. Volunteer recruitment will intensively begin the week of May 19. Thanks for all your cooperation and support. MG/pm TO: Marlene S. Griffiths FROM: Christa Jones, Deputy City Clerk for Wanda Sang, City Clerk Marlene, we have only a need for possibly two types of volunteers: 1) A person who would be interested in taking down the City Council Meetings on a court reporting device, and later transcribe these Meetings. 2) A person who would transcribe tapes for us, either on a typewriter or word processor. If you need any further detail, please come and see me on Friday. ~~~ COMMAND DATA SVSTEJVIS 6. DELIVERY. Delivery will be F .O.B. crTI'. insurance for risk of loss or damage in coverage in the quoted prices to CITI'. CDS will provide adequate transit, and include this 1i-. 7. EXTENSION OF TIME. CDS shall not be liable under this Agreement for any loss or damage to the CITY due to delay in delivery or other performance failures resulting from any cause beyond CDS' reasonable control. Such causes shall include, but are not limited to, compliance with regulations, orders, acts, instructions, or priority requests of any Government, or department or agency thereof, civil or military authority, acts of God, acts of the public enemy, acts of the CITY, fires, floods, strikes, lockouts, embargoes, wars, car shortages, riots, insurrections, default or delay of suppliers, delays in transportation and loss or damages to goods in transit. The delivery schedule provided in EXHIBIT B shall be extended by the amount of any delay resulting from any such cause beyond CDS' reasonable control plus a reasonable time to accommodate adjustment to such extension. CDS shall give CITY notice of the presence of any cause referenced above promptly after CDS becomes aware of the existence of same. 8. TERMINATION BY THE CITY. In addition to any other right to terminate set out herein, if CDS should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, CITI' may terminate this Agreement. If CDS should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed with work in a timely fashion, fail to meet standards of performance, or otherwise be guilty of a substantial violation of any provision of this Agreement, then CITY may terminate this Agreement. Prior to termination of this Agreement, CITY shall give CDS twenty (20) calendar days to cure such deficiencies. 9. LICENSES. CDS grants to the CITY and the CITI' hereby accepts a nontransferable, non-exclusive license to use the computer program LEADER. Concurrent with this Agreement the parties will execute the CDS Software License Agreement attached hereto, and marked EXHIBIT D. 10. SOFTWARE PRODUCTS WARRANTY. CDS warrants its software to be free of free of defects or imperfections that would prevent system performance according to the specifications set forth in CDS's published material, proposal or contract for a period of ninety (90) days after delivery of each Software Module to the CITI'. If any reproducible error or defect occurs within the warranty period, CDS will correct the software at no cost. CDS will respond to the CITY within a four hour period and correct the defective software within 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 C:OMMAND DATA SVSTEIVIS CITY will provide space, power, environment control and operating environment as defined by the hardware manufacturer's published specifications. CITY will make available system computer time as requested by CDS for the development testing and maintenance of LEADER System software, for use by the CITY. CITY will designate a Project Manager to be the liaison with CDS. The Project Manager will be available during normal business working hours for consultation. CITY will make available all necessary supplies such as paper, magnetic tape and disk packs. CITY will provide working space, desk, chair, and telephone for CDS project staff. 16. LIMI~TIONS. CDS' sole liability under this Agreement shall be for providing the Software programs and procuring for resale the equipment as defined within. CDS will not be liable for any lost profits, revenues, or for any claim or demand against CITY by any other party. CDS' liability hereunder for damages, regardless of the form of action, shall not exceed the fees and other charges paid by CITY under this Agreement. In no event shall CDS be liable for consequential damages even if CDS has been advised of the possibility of such damages. 17. ~RK HCXJRS AND SAFETY STANDARDS. CDS agrees: A. That each laborer shall have wages computed on the basis of a standard work day of eight (8) hours and a standard work week of forty (40) hours in the work week; and B. That no laborer shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulations (20 CFR 1518). 18. CLEAN AIR Acr. or regulations 1857, et seg.) 1250, et seg.), CDS shall comply with all applicable standards orders issued pursuant to the Clean Air Act of 1970 (42 USC and the Federal Water Pollution Control Act (33 USC as amended. 19. SECURITY AND PRIVACY. CDS agrees that none of its officers or employees shall use or reveal any research or statistical information furnished by any person and identifiable to any specific private person for any purpose other than the purpose for which it was obtained. Copies of such information shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit or other judicial or administrative proceedings, unless ordered by a court of competent jurisdiction. The CITY shall be notified immediately upon receipt of any such order or court, pertaining to production of such information. 6250 VilLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMANO OATASYSTEMS 20. COVENANT AGAINST CONTINGENT FEES. CDS warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CDS for the purpose of securing business. For breach or violation of this warranty, CITY shall have right to terminate this Agreement in accordance with the termination clause and, at its sole discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 21. INDEMNIFICATION. CDS hereby agrees to indemnify and hold harmless CITY, its officers, agents and employees of and from: A. Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any inju~ to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act, negligent or otherwise, of CDS under this Agreement or of CDS' employees or agents; B. Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CDS, or in proximity to the site of CDS' work, caused by any acts, negligent or otherwise, of CDS under this Agreement or of CDS' employees or agents; C. Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CDS under this Agreement however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents or employees; D. Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by CDS under this Agreement; E. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit required of CDS. 22. PATENTS. If notified promptly in writing of any action (and all prior claims relating thereto) brought against CITY alleging that CITY's use, sale or other disposition of the Products herein described (including use of licensed software) infringes a United States patent or copyright, CDS will defend such action at its expense and will pay the costs and damages awarded against CITY in such action, provided that CDS shall have sole control of the defense of any such action and all negotiations for its settlement or 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMAND OATASYSTEMS compromise. If a final injunction is obtained in such action against CITY's use of the Products or if in CDS' opinion the Products are likely to become the subject of a claim of infringement, CDS will, at its option and at its expense, either procure for CITY the right to continue using the Products, replace or modify the same so that they become non-infringing, or grant the CITY a credit for such Products as depreciated and accept their return. Depreciation shall be an equal amount per year over the life of the Products as established by CDS. CDS shall not have any liability to CITY if the alleged infringement is based upon (i) use or sale of the Products in combination with other products or devices which are not made by CDS, or the furnishing to CITY of any information, service or applications assistance. CITY shall defend and hold CDS harmless against any expense, judgement or loss for alleged infringement of any patents, copyrights or trademarks which results from CDS' compliance with CITY's designs, specifications or instruction. No cost or expenses shall be incurred for the account of CDS without the prior written consent of CDS. In no event shall CDS' total liability to CITY under or as a result of compliance with the provisions of this clause exceed the sum paid to CDS by CITY for the allegedly infringing Products. The foregoing states the entire liability of CDS with respect to alleged infringement of patents and copyrights by the Products or any part thereof or by their operation. 23. ORDER OF PRECEDENCES. In the event of a conflict in interpretation between any of the applicable contract documents specified below, all incorporated herein by this reference, any such conflict shall be resolved by giving precedence in the following order: A. B. Detailed System Specification This Agreement and any Exhibits or Amendments thereto Only said used upon approval of the Detailed Specification by the CITY shall document be the first document in the order of precedence to be in the event of technical conflict requiring interpretation. 24. TERM OF AGREEMENT. The Agreement shall commence on the date first written above and shall continue through implementation of the LEADER System, unless sooner terminated or extended as herein provided. 25. ASSURANCE OF COMPLIANCE WITH CIVIL RIGfITS U\WS. CDS shall comply with Title VI of the Civil Rights of 1964, as amended, to the end that no person shall, on the grounds of race, creed, color, sex or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by this Agreement. 26. WORKER'S COMPENSATION. CDS certifies that it is aware of the provisions of the Labor Code of the State of California, which requ~re every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions and will provide proof of such compliance upon request 6~OtQn.aa' PARKWAY, DUBLIN, CALIfORNIA 94568 (415) 828-7100 COMMAND DATA SVSTElVIS 27. INSURANCE. At the request of the CITY, CDS shall provide proof of comprehensive general liability insurance (including automobile) in amounts satisfactory to the CITY. 28. LEGALITY. If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 29. CALIFORNIA LAW. This Agreement shall be governed according to the laws of the State of California. 30. CONTRACT REPRES~TIVES. The CDS project team including the project Manager is set forth in the CDS proposal to the CITY. Any changes in the method or nature of work to be performed under this Agreement must be processed by the CITY through the CDS Contracts Manager. EXHIBIT F sets forth the CITY's Project Manager and the schedule of authorizations for any changes to this Agreement or the work to be performed hereunder, including the limits of authority to make changes. 31. NON-ASSIGNABILITY. The parties hereto may not assign the rights or obligations hereunder without the prior written consent of the other party. 32. GENERAL. This Agreement, and Amendments through , the CDS Proposal dated , attached hereto and/or incorporated by reference, constitute the entire agreement, understanding and representations between CDS and the CITY. No modifications or amendments to the Agreement shall be valid unless in writing and signed by duly authorized representatives of the parties. A waiver of a breach or default under this contract shall not be a waiver of any other or subsequent default. 33. IDI'ICES. Any Agreement shall certified mail, as follows: notice required to be given by the terms of this be deemed to have been given when the same is sent by postage prepaid, addressed to the respective parties 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMAND DATA SVSTEIVIS <:xNrRACTS ADMINISTRATOR COMMAND DATA SYSTEMS 6250 Village Parkway Dublin, CA 94568 CITY -------------------------- CITY and CDS have caused this Agreement to be executed by their duly authorized officers as of the day and year first hereinabove written. CITY OF COMMAND DATA SYSTEMS Wheat Ridge, Colorado TITLE: ATTEST: APPROVED AS TO FORM: 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMAND DATA SYSTEiVIS EXHIBIT A SOF'IWARE DELIVERABLES Records System including $ 43,800 o Address Verification o Property and Evidence o Traffic updates and Reports o Crime Analysis o Documentation and Training Computer Aided Dispatch including o Geo File $ 36,200 o Reporting o 0, ocumentati,on and Training F ,') ~ ') - --- 1-1 - o ra~2.{'L tLi:-JU> 'Li:..-4- I I CCIC Interface Module $ 20,000 Total Software $ 100,000 6250 VillAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMAND CATASYSTEMS EXHIBIT B PROJECf SClIEDULE 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COM~~~ OATA . EXHIBIT D SOF'IWARE LICENSE AGREEMENT Command Data Systems, of 6250 Village parkway, Dublin, California 94568 (hereinafter "CDS" or "LICENSOR") agrees to grant, and City of Wheat Ridge (hereinafter "CUSTOMER" or "LICENSEE") agrees to accept for valuable consideration the sufficiency of which is hereby acknowledged, a nontransferable, non-exclusive license ("LICENSE") to use the computer program and accompanying documentation ("SOF'IWARE") identified as follows: --------------------------------------------------- --------------------------------------------------- subject to the following terms and conditions. 1. TITLE - The original and any copies of the Software, in whole or in part, including any subsequent improvements or updates, shall be the property of CDS. 2. USE AND DISCLOSURE OF SOFTWARE - CUstomer acknowledges that the Software constitutes trade secrets and proprietary information of CDS. Subject to paragraph 3, CUstomer shall not, without CDS' prior written consent, (al reproduce, sell, lease, assign, transfer, license, sublicense, share, give, otherwise dispose of the Software or any parts thereof; (b) permit the Software or any parts thereof to be copied or reproduced by any persons or entities; (c) permit the Software or any parts thereof to be used by any persons or entities other than the CUstomer's employees in the course of their employment by the CUstomer; or (dl disclose the Software or any parts thereof to any persons or entities except to employees of CUstomer solely for the purpose of using the Software in the course of their employment by CUstomer. Customer further agrees that it will (a) cause the Software to be used and operated in accordance with its intended use; and (b) notify CDS, if requested by CDS, of the location of the Software and all copies thereof. 3. (i) COPIES OF SOFTWARE - Notwithstanding anything to the contrary contained in paragraph 2 or elsewhere in this agreement, Customer, without CDS consent may (a) make temporary copies of software herein for backup computer equipment if the Customer's computer equipment is temporarily inoperative for any reason, and/or; (b) copy any portion of Software herein licensed from storage units or media into computer equipment in the normal course of the operation of computer equipment or in support of the use of any computer equipment or program; or from storage unit or media to storage unit or media in the normal course of software backup procedures. 6250 VillAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMAND DATA SVSTEIVIS (ii) SOURCE CODE CDS agrees to place copies of all its source programs In an escrow account, and to insure that all such programs are the most current releases of each module. Source codes for those modules will be made available to the CITY if: A. CDS defaults on the agreement with CITY, or; B. CDS ceases to do business, or; C. CDS stops maintenance support of the software module in question. In such case, copies of the source programs and documentation will be provided to the CITY. CITY has unrestricted access to all modules it has accepted from CDS, but may not transfer source codes or documentation to any other agency or commercial business, under any conditions. 4. USE OF SOFTWARE BY CDS - Nothing in this Agreement shall prevent CDS from using software identical or similar to the Software or from reproducing, selling, leasing, licensing, assigning or otherwise disposing of identical or similar software to others. 5. LIMITED WARRANTY AND LIMITATION OF LIABILITY - CDS warrants that the Software will conform to CDS' published program specifications for the Software as delivered to CUstomer with the Software. OJSTOMER ACKNat/LED3ES THAT THE SOF'IWARE IS OF SUCH COMPLEXITY THAT IT INHERENTLY MAY HAVE DEFECTS AND AGREES THAT CDS' SOLE AND EXCLUSIVE LIABILITY FOR BREACH OF THE WARRANTY STATED HEREIN, AND AS OJSTOMER'S SOLE AND EXCLUSIVE REMEDY, CDS WILL, WITHIN A REASONABLE TIME PERIOD AFTER RECEIPT OF WRITTEN NOTICE FROM OJSTOMER, PROVIDE PROGRAMMING SERVICES TO CONFORM THE SOF'IWARE TO SAID SPECIFICATIONS, PROVIDED THAT CDS' DIAGNOSIS INDICATES THAT ANY SUCH NON-CONFORMITY WAS IN EXISTENCE AT THE TIME OF DELIVERY OF THE SOF'IWARE TO OJSTOMER AND PRIOR TO ANY ALTERATIONS THERETO. EXCEPT FOR THE EXPRESS WARRANTY CONTAINED HEREIN, CDS MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, AND EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE EXPRESS WARRANTY AND EXCLUSIVE REMEDY STATED HEREIN IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CDS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SOF'IWARE OR BREACH BY CDS OF ANY TERM OF THIS AGREEMENT. IN NO EVENT SHALL CDS HAVE ANY OBLIGATION OR LIABILITY FOR DAMAGES, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OF ANY OTHER NATURE WHATSOEVER, EVEN IF CDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMANO CATASYSTEMS 6. TERM AND TERMINATION - This Agreement is effective from the date of execution by Licensor and Licensee. This Agreement may be terminated by Licensor if Licensee fails to comply with any of the terms and conditions of the Agreement. The license granted herein for Software shall remain in force until Licensee discontinues the use of Software and notifies Licensor in writing of such discontinuance. Within ten (10) days after termination by either Licensee or Licensor, Licensee will certify in writing to Licensor that through his best efforts, and to the best of his knowledge, the original and all copies of the discontinued or terminated Software have been destroyed. 7. GENERAL - This Agreement may be amended only by means of a writing executed by CDS and CUstomer. This Agreement shall be governed by and construed ln accordance with the laws of the State of California. LICENSOR LICENSEE COMMAND DATA SYSTEMS CITY OF Wheat Ridge, Colorado Authorized Signature Authorized Signature DATE DATE 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMAND DATA SVSTEJVlS EXHIBIT E SOF'IWARE MAINTENANCE AGREEMENT COMMAND DATA SYSTEMS ("CDS"), whose principal office is located at 6250 village parkway, Dublin, California 94568 and the CITY of Wheat Ridge, Colorado ("CITY"), a licensee of CDS software, agree this day of , 1986 as follows: 1. CDS shall referred to twelve (12) provide the software maintenance service, hereinafter as "service", described in paragraph 4. for a period of months beginning 2. CITY may purchase, and CDS shall not unreasonably withhold, continued services from CDS for five (5) consecutive additional twelve (12) month periods at the then prevailing annual billing rate for services, unless: (al CITY gives notice to CDS within 30 days after receipt of CDS' annual invoice for services that the CITY intends to terminate this Agreement, (b) CITY is no longer a valid licensee of CDS software, (c) CITY is greater than 30 days in arrears for any CDS invoice(s), (d) CITY has failed to incorporate CDS releases into the licensed software within 180 days following request for installation by CDS, (e) CITY has failed to incorporate the computer manufacturer's Operating System releases into the CITY's system within 180 days following request for installation by CDS, (f) CDS licensed software has been modified by other than CDS without CDS' written approval, (g) The computer manufacturer's Operating System has been modified by other than the manufacturer without CDS's written approval, (h) There has been an interruption in, or termination of this Agreement. 3. This Agreement applies to the CDS software described in SCHEDULE A and is limited to the computer processor serial number and Operating System, exclusive of revision level, described in SCHEDULE A. 4. The services referred to in paragraph 1 shall consist of: (a) CDS shall provide CITY with a reasonable amount of consultation by telephone to assist CITY in the use of the software, during normal forty (40) hour week working hours. 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMAND OATASVSTEMS (b) CDS shall provide CITY with remedial maintenance of software to substantially conform the 30ftware to CDS's published program specification for that release level of software identified in SCHEDULE A. CDS shall, within a reasonable time period, supply computer program code to correct any reproducible error, provided that CDS's diagnostics indicate that such non-conformity or error was in existence during the term of this Agreement or during the initial Warranty Period extended to the CITY in the purchase agreement for CDS software. (c) Suspected error conditions will be investigated and corrected by CDS personnel at CDS' offices to the extent possible. On-site corrections shall be at the exclusive judgement of CDS at no additional cost to the CITY. CITY may, however, request that CDS conduct such investigations and corrections at the CITY's location. In the event that CDS personnel travel to the location of the CITY at the CITY's request, CITY will pay CDS for reasonable travel and subsistence expenses. If CDS, in its reasonable judgement, determines that the suspected error condition was attributable to a cause other than an error in CDS' software or an enhancement by CDS, the CITY will pay for CDS' efforts on a time and materials basis. (d) CDS may provide the CITY with unsolicited error corrections or changes to the software, without additional charge, which CDS determines are necessary for proper operation of its software, and CITY shall incorporate these corrections or changes into the software within 180 days of release by CDS. CDS will provide all documentation changes necessary as a result of changes to the software. (e) CDS will provide CITY all enhancements released by CDS as standard enhancements, and which are generally made available to other cities purchasing comparable software during the term of this Agreement. CDS personnel shall install the software enhancements on the CITY's computer system at the CITY's location at no additional charge. (f) If the External System Interface Module (ESIM) is included in SCHEDULE A, CDS shall provide services to make modifications imposed on the ESIM by external computer systems, up to the maximum number of annual hours shown in SCH~DULE B. Service work in excess of this maximum will be billed at the prevailing Supplementary Billing rate shown in SCHEDULE B, plus any travel expenses at CDS' cost. Normal CDS service to the ESIM, not imposed by the external computer system, is not subject to the maximum hours or Supplementary Billing restrictions. 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMAND DATA SVSTEiV1S 5. Software service requires the installation by the CITY of a Racal-Vadic AutoAnswer vA3450 300/1200 baud Modem, or approved equivalent at CITY expense. This device will permit CDS to effect software diagnostics, changes, and corrections from a remote location, when appropriate. 6. During the term of this Agreement CDS maintain the software free of defects prevent the software from performing then prevailing specifications set material. will use its best efforts to and imperfections that would according to the original or forth in CDS's published EXCEPT FOR THE EXPRESS WARRANTY CONTAINED HEREIN, CDS MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, AND EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTIOJLAR PURPOSE. THE EXPRESS WARRANTY AND EXCLUSIVE RE!1EDY STATED HEREIN IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CDS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE OR BREACH BY CDS OF ANY TER/1 OF THIS AGREEMENT. IN NO EVENT SHALL CDS HAVE ANY OBLIGATION OR LIABILITY FOR DAMAGES, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OF ANY OTHER NATURE WHATSOEVER, EVEN IF CDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. CDS will invoice CITY for the maintenance fee described in SCHEDULE B. Invoices for software maintenance services will be furnished annually, in advance. All invoices are due and payable in full upon receipt. 8. Maintenance fees shown in SCHEDULE B are exclusive of all present and future federal, state or local sales, use, excise or processing taxes or any other tax or charge that is or may be imposed on the services provided, save taxes on net income. CDS failure to include or correctly compute such taxes on its invoices shall not relieve CITY of its obligation hereunder. 9. CITY agrees that all enhancements shall be the exclusive property of CDS pursuant to the CITY-CDS License Agreement. 10. During the course of this Agreement, CITY shall provide CDS personnel with adequate work space for technicians as may be required by CDS to carry out its service obligations. 11. CITY will be responsible for maintaining the computer hardware, communications equipment, telephone lines, cabling, modems, and all other hardware equipment. CITY will make available computer time for the testing and maintenance of software. CITY will make available all necessary supplies such as paper, magnetic tape, and disk packs. 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 C:OM~~~ DATA 12. CDS and CITY agree that (a) each laborer shall have wages computed on the basis of a standard work day of eight (8) hours and a standard work week of forty (40) hours in the work week, and (b) no laborer shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health and safety as determined under safety and health standards promulgated by the Secretary of Labor by regulations (20 CFR 1518), and (c) it will provide proof of compliance with the Labor Code of the State of California requiring employers to be insured against liability for workers' compensation, if requested by the CITY, and (d) it shall provide proof of comprehensive general liability insurance and professional liability insurance in amounts satisfactory to the CITY, if requested by the CITY. 13. CDS and CITY agree that maintenance service is provided during CDS' normal 40 hour work week. Certain critical conditions may exist which require work outside these hours, and CDS will make a best effort to respond. However, CDS reserves the right to provide a price quotation and estimate of time for service requested by the CITY which requires substantial work outside CDS' normal working hours. 14. If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 15. This Agreement shall be governed according to the laws of the State of Cali fornia. 16. The parties hereto may not assign the rights or obligations hereunder without the prior written consent of the other party. 17. This Agreement, including SCHEDULES A,a attached hereto, constitute the entire agreement, understanding and representations between CDS and the CITY. No modifications or amendments to the Agreement shall be valid unless in writing and signed by duly authorized representatives of the parties. 6250 VillAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMAND CATA SYSTEIVIS CITY and CDS have caused this Agreement to be executed by their duly authorized officers as of the day and year first hereinabove written. For COMMAND DA.TA SYSTEMS: For CITY OF 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 826-7100 COMMANC OATASVSTEMS EXHIBIT F CITY CCNI'RAcr REPRESENTATIVES project Manager Schedule of Authorizations 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 9456B (415) B28-7100 COMMAND CATASVSTEMS SOIEDULE A CDS shall provide software maintenance service to the following CDS Software Modules: Software Module Description Software Release No. CITY Computer Serial Nwnber Computer Operating System 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828-7100 COMMAND CATASVSTEMS SCHEDULE B ANNUAL MAINTENANCE SERVICE FEES Module Description Annual Fees Records and Crime Analysis with Address Verification Property and Evidence Traffic updates and Reports (12~ of current license fee for each module) Computer Aided Dispatch with Geo File and Reports $9600.00 EXTERNAL SYSTEMS INTERFACE MODULE SUPPLEI1ENTARY BILLING RATE External Interface to CCIe $2400.00 The maximum number of service hours shall be twenty five (25) annually. Thereafter, the hourly rate for External Systems Interface ~lodule (ESIM) service shall be $30.00*. * These prices are exclusive of taxes and shall remain in effect from to Future billings are subject to increases in prices. 6250 VILLAGE PARKWAY, DUBLIN, CALIFORNIA 94568 (415) 828.7100 ~ DEClease~ /CONDITIONAL SALE ~D~DD~D FOR COMMERCIAl LEASES ONLY lEASE NUMBER DECLease'. isaflrlancral serVICE pmduCIO! Ofgital EQUlOmenlCOrpOrallOn LESSEE(CompleteStreelAddreSsartdZipCode) (1)a WHEAT RIDGE POLICE DEPARTMENT -- 7500 W. 29th Avenue Wheat Ridge, CO 80034 b DBA ILESSOR DIGITAL EQUIPMENT CORPORATION 146 MAIN SlREET MAYNARD, MA 111754 c 8111U1gadO(eSS p, O. Box 638 121 QUANJITY EQUIPMENT DESCRIPTION (Model Numt>er, Description (tlst sellal (ll1mty,rs ,f 3'1a\laole1\ Please reference the attached Quote Number 8601LN924-01-185 (3) lOCATlON Of EQUIPMENT IAGENJ SAODRlSS I ~GEf.j\ S PHG~E (4) INSURANCE CARRIER INSURANCE AGENT (5) Term 01 Lease (6) Initial Renlals (7) Advance Rentals I (81 Renewal Aental (9}PurchaseOptlOn/Riders , 6? 874 FllOU(J:<[It I NA 1 ~reJrSlMonth(s) OFairMarkelValLJe forlheflrsl~Mon!hs Representmgpaymentfor , 0_% of Orlgiflal Cost Ifollowedby the_Morlthanathe i PayableeacnYearlMonlh !Jl$1 00 lOne Dollar) '$ Ii? R74 FltoMoll'" last_Month(s) pay- I In Adyance DCUTLEASE- Months torthenexl~Monlhs.) ableonlheslgninghereof I Ridersatlached *Due thirty (30 days after acceptance **Due January 15t 1987 'lERMS OF REKTAl PAYMENT 'lERMS AND CONDmDNS OF LEASE 1, lEASE: leswll1eleby leases 10 lessee, an6lessee heleby leases and lenls 110m lessorlhe personal property described above and on any attached Rider (herelllalter, with atlreptace- ment par15,repalrs,addltIOflsandaccessorres Incorporated tflereln an dioraHrxedlherelO.allreferredtohefelrtaS eqUipment') 2. TERM AND RENTAL.: Sul1lect to the candllions.l1.ereln s.tatect,tl1.Is.lease s.hat! be 1m t~ ll\\tlat (elm s.t<.\el1 aOQ~ (:.(}ITIffieOCI!111 wl\h Mliverylo lessee, Its agent or a carner, wrllel1eVer shall De earlier. Lessee aGrees to pay me total renl for the Inlllal term, which shall De In ItIe total amoLJnt 01 alllental payments stateo aaave, plus sucI1 aOdltronal rentals as are prOVided herem All payments shall De maOe In aOvanCe on the commencement date at Ihls lease aItO on the 5ame O<ly 01 eacn rnonth trlereatter, anO sent 10 the address specl!led by the lessor rn its ffiOf1\hlYI1WOIC:e 3. nnE lessor shall at all times relarn trtle to the equipment. All documents 01 trtle and eVlderlC-e at oell'l'ery snail be delivered 10 the Lessor les$e€ Will nol change or femo~e any InSlg- fila Of le~e[iflg which \'> of\lheeQulpmenl alll1e lime 01 oellvel)' or WhleD}S Ihelealler placed theleon If\OIc.allng Lessor S ownersfllp thereol. and at any lime dUflng the lease lerm, upon requesl of LeSSOr 1'/111 Mtlx 10 the equipment, m a promrnent place. labels. plates or other markmQs supplied by lessor stating that tile equipment IS owned by Lessor, Lessor may 031 Les. see s expense cause thiS lease to be Illed, recorded, refrled. rerecorded or f1fldrtClng statements Iwhlch may be slQrled by tr'e Lessor only If permitted by statutel to be !rled a':i oe[mltted Of reqUired by law, Les:-.eeat It~ expense shall protect and Oefend Lessor'S title, at all times keepmg the equipment Iree Irom any le(jaj prucessanOior erlCumbrances whatsoever Irlcludrng. but riot 11m lied to IIPns, attachments, leVies and execullons, arid shall give LessOllmmedlale wfltten notice thereof ano snail rniJernr1lty Le:,sor tor any loss caused by !he failure 01 the Les- seetolakeaellonaSllrOVllli'r1hf'ff'111 .t. GlNERN1NG LAW; SERVICE Of PROCESS. WAIVER OF TRIAL 8Y JURY: ThiS lease shall only be binding whell aeceoted bv the lessor and snail De deemed to have been made In andgovernp.11 tlv :re laws at the State of Massacnusetts except!or local recording statutes As pan olthe conslOerallon tor tile lessnr s e~ecullnQ tf1IS lease Les5~ nereb'j waL~eS<l.ll 010(' SOI1aI service 01 anv and alt plell'SS upon the Lesse€ nerem, and consenls that all such service or process Shall be made bycerl.lled mall. return ren:ol reQuested Olrffted to the Lesse€ allheaddress hereinabove stated, and sef'/Ice so made shall be complete two 12) days atterthesameshall have been posleOasalnrp.Sdld lessee r,erebywalves a trial by IUry and Ihe rlghl 10 Inleroo:.e dnv counlerr.\alm or oltset 01 dfW rldlllre QI de':.CflplIQn In an'j IIIHJa~lon belWeen the Lessee and LesYJ( yj$t\ ~~'SOeG1 \0 \\1IS IN5\!. Il'.e pmDen'1 (:.$\'l';!eO IWJeufidel aM the reposseSSlQnhereOt mE ADDmONAL PROVISIONS ON mE REVERSE SIDE HEREOF ARE INCLUDEO IN. AND MADE A PART OF nus lEASE WHICH LESSEE ACKNOWLEDGES mAr HE HAS READ, THIS IS A NON-CANCellABLE lEASE FOR THE TERM INDICATED ABOVE. LESSEE ACKNOWLEDGES RECEIPT OF A SIGNED. TRUE AND EXACT EXECUTED COPY OF THIS AGREEMENT. 1101LESSEE lei)lIName (11)ACCEPTED_Dayot 19_ DBA DIGITAL EQUIPMENT CORPORATION Dale LeUOf By Autho"le<lSlonature By Aulholll~SI~nalure Idle IV ~ 5. SELECTION OF EQUIPMENT AND PREPAYMENTS. i ~p '~lJLb:' Le~50r 10 OLrdl~S~ Ir-~ e(]'JiC~Q~llr'l'-;-, 11 ,"n!j( '3',;'TlPnl< llJV~ncnr rr SLC~i,tr ell.l L~SSiJr ~3~r'; ,J,r'l 'IL 8,~'t~~n: ~r;llI1G r1~II~er'{Jnd ~l TC!Jn:e 3~'l d Ltd J 'e,ranj D\' Lp~<,llr C'Ji Lt~'~r ,my 3.TOUnIS 11 ~re~lllr, ;;11 !Il I' :1:" "'p u~,(,r2j., ')1 n J ,b;JI S r:3~'TlS 0,'1 ~c;",nSI Ire rrdr,~';;':~'rf ()' O:"tl '"~ 8t'~=mp P"~ ,~,1'1 L~,',u: ,,:1,1 r~SJefll:i onl~a~:er WI1JISCevpr Jr'O ~,':",~~ ,; dl, ;liCe::1i1:1'{ JllIj odIC '~e<:u: ~,~r:-T"~5S 1~0~1 ,;",'~ ,: ~ ~,X1 :', le=j;~ 1 ~~3ee Tf.q\,em Lessor ~o n',a~e any '~:,le;.see srall, on _ ~" ':C Shd II t)f~ 5J:]r'lOdled ;" ~.~ ,Cj, '",- _ warr:!nl', p,c:,'jS rr :':'0111:1'1 tlv !n~ Ilr:~ _~~, ~I 'C'JI 6, MAINTENANCE, USE AND ALTERATIONS. L~:'j~~ a: Iru'! '1<:<,__' ,1[&,HI 01 '-,~ rJ'l:dl ''''~JI 2ru le;:u ~ dlt:U b.. ::-,e rTliinL:"dL~lr t~p.rec~ ~,~..)~: nnl r~,lk~ m0u1IIC311rj,1S 'p"lnlc~~'S~'~I'/I'L (,",l'! ".. "I.~,'a:::~r,: ,I'/'I,r,"'1 :"31 )',01'1 perscr.J1 C'r,}:-'~r:'1 dr J I ~S, rL~lr"'es<, '1~':.~ :,[':1,~'1ed n~ r "~I'~ll ;",.1 ,J"'i~ni ~1 l":;:,,~r '" ~ ~~, "I ~i' ,,~lre(;~o~ .lOI\' /llr.r;'I,l~I' ~",,~ 11,' \11,111'; ro ~ .1 In,' ~~~C;c " _ 'P !~~ C '~~rrV CI 1~p. 'c~ h,~'.c :or 'II" rf'-T'~\~ ~ :;;::'1 S~!]u,c~'nr r~~OiT'rr~~jJtlU":: Lu oe Ifr l,l[Pi:' ~ '8111'. ~~r:, 2: I :~,:~rrt;CI '~l ',"rpc;o:nq fj;,;' ~or31'!'c '~S""~ 'D~V 1r(Ja[)CP',1"~;e ,):V!'['!'~~! ~";'p. 11~ r":~',j: ~-",-,.J,;,,"r t, :rJlj[ J:u.e j,J n a ~~1I1er tJ111~11 "0.1" _~ ;:1, d~,C oJ:oces Iln! I~r e()uIDl1pn\ <,hall rprr:a,n '0,,: ,- -: "1' r'II" ~ ,p Ire ~(h"i ,. -/0 ,'1.111 Vvf,:I"" ;llail [~:I,.r,; ,-j~!, n<' Ir~"l~p"':t" ~S- I . .Iino fli) IT 11 U;';J ,,~:~ I~). L'~I.",,, :'1, ._~ ~ 'uro' i~t .,1 L~~,m :r",! 'Cr-') ~r~..er[:'iP 'T':'!'r"~- af,l.t' (,Flf,kl ~. ,.:,\j(!' I '..~ ~1' d tCI, >ll""~! ~ "II!III,' ,~r t~ t,~ JJ'p 1_"_ ~ _ In,~,n~ ,'~s:_'i)DlieatvII'Pvpnl1;,r"r"nvnl:-1ef ~~~ ~)r r~; ~sulllrq :r:;11 :UW 1)1 t~e "~J8:e.,-5 '~a: l~~sor gra'l C,o ," ~':n'~, o--:s ""ar ,,~i1 :~~r ,ril,~~J1 deler,oraliO;l or ILlSS 01 5~rviCe I)r Lise I Ihp I~}S~~ ~'~IJ:r'-o,-1 0' '~'i ~ ~r~!,t L'; 0, jd":'fle luenseo!,,')v>. nl"I','fl'[p !11'd,1,,-tf.i!',nl ,"1 rl'rlivG,:'lr.'na;]P1Udcvnl'~pelJ'J!Dmenlnr"n', ;~ , '8SSCi <:~:\ ,'tl~t UI [,"':;1'1'-,1::;':8 01 :I'~ec:uplr~ill .1n,IJSS J~ D~3,,:lSc, ,~~ I ~j~n~~ ,'~ ~oJ:T1dl,~ 7. INSURANCE. ~:: :~~ IS<3''1 08,," ,J, S>:S Ul100,5 SI n2"wJt ;rr:[f P'IPIV c::~',el>ra:o'~':' f'T '[1r r,II"'i:;'~ :1 "'~ ~\;~ ~'~:o"I",lloui I'n anll ',n,]I! r,'." ~L.'i,c 11,1t)lilt.,. in:,1 ',m'-.f l' :~ per~c i, '~IITr, ",~ S" '!', ~'H}:-:FI' II; 'er }r'ilc,;S :lr[ :~',r:oJ '::': '~o'~'3~r.e t.; ':,:1 '~o,l:rarr,p' Or]': '::', 'lIlT' do;d .1mO~n! 3~1 '.\:I:~ "r~,[t1r:PS 'J[ S'}:'rr, :'J LFj"or :! 0~~;}~C2 Iv Le~:'J:, dr,a all S:":,l J::,[i:V sr d,1 ;'C'uJe It:S$Dr as ndlord In';I,'~j "".-.~: ':0"1 ,,,1~~ np'/I ,}1 ;J,'] '~jJ'''~ "" 8[l'P'"I' ., ;11 ~,' I, ]~':? J,,:r.JtIC$ses! '"..'~I\ I> -,'ltP~Ci,';j~.~U r ~~10'":~ ~:,UI':;r^~L" ":.:'ancee,- In:~J:~'pni -1 ;J"; , ,,"de':~'~')cc, i t'e L, ,,:rea i0 C::' ~Cu' ,orJ~ ,~-' 3-'-; 0,":1' I Q~S~'~o ~_e .11'111"1>,"') to I'''",', :n ij.lcl LeJJI'p :;," J:; ;;" 'I~ c,:;1P 'I> !r, 'r" [1'OP'" ,CJ'.,"-:Ii:r,f,I;;; ,i '~I, I' ;~~ LbO,I,r ~~l" rd'ir ''-e 0, ,I f,':~I.'i" '~ ::L,.f' ','11~; P (If' ~ "n: :1 'Pr,1 r~xt u;." J!:,:: '~rr ;.;101 r.r'e S. NET LEASE. L 0 '0',1.'0 ,,'~ ':'~Q ~~"lri,"lPf1'S "'~'" '}jP':r;CP~pllnl'''"~~',~orl.~ ,.p ",]: C';'0'vN." j "'S j .,. ~~c~C r, i:I~I:", t""~ ""~rl ,or ;"~t'",;'" ~ r:r "., ; as ~,-. 'I'"r n," 'I:'U '"L .,d l\ "SI'.I:'1'rir,'" Idl'~~r"r "i'~ul ,~~ 711 O~l:e'" L ~", 'o,p< ~. ~,,' "' ,~GI !,,-., IP~ ',) drJ' ~ ~,)" ~ ~G~ - !,. -"1 -". '~ .~'!' 'I, ~'f'~ , Ji' ~~ C'I o~, JI ~ j~e 1~J - 1'"~ ." I: ~ o ~,~ ~'G.. i," :,,1 ' - ""f.:"; 9 INDEMNITY: ;~O, In,1,~,'~' ~~' ~,'i)"~""~, ~ ,~~', c L ~cs,"r ~~." ; II ' j" ]'~J 0; J"'" r.. 'I( ,~,_ I;:)ljl !en" ll~ ; .~cS ~ ~ ~~', . --c J~!': r~ ~ ,~'~ L"- ,,'"I':J":;' ~ ,\"n dC, , ':fI"'~ -, ,,'~'~ I:, I , ],~, [", ,II:' ~ j;' r (, ~ :~_ 'I "I: ::~'ll,','rr ,Jr!, 10RISKOFlDSS' ,,~'<O~,3:..s~--,;'r~Pr' T')" ,c,o' I":,n'r J l:~ "f:rl' u~ .., )1"' "C "~ i'S';P~ <~', j"V,[ 11 CtSCLA1MER OF WARRANTIES. ~: ,I ~ ,. '~k ',I ~ ,1:'jL:; '1 ~ I 12 ':;~F."UlT ci[r, )Iil~' ~~'I, ,c__I, ~,; ~ - ;jfl:,i [L~', ,~~ ,~, 'lc".: eSeLl! i3. REMmIES. ~ 1"~~,llrr ,'1onl ,l' r~,,, I, ~1 ~~""~~~a' ~O-"~, ~'T'~'-l",.'''.1 ~G;:3,~Cle (';I-\II"~n' :~~r~"' ~c~~j~.l~':~:C 'e':";,J l.~, -'~ lee: .~J :.!'; ~ _c~JS': ~, 2~ Jr~p~~ ,L;11 J::-j ~'" '~d !,,~~c_, d'.[~Il'~," '~,""'j_ j'l' ,..;;,~" J" .,-,;,~ ]~~ r:'",:9. ~ ,^," ,~.. U'1 1,,;''- ~ II ~ 1"'[ \prrr. '!",11 '~~ ,r rli ~ 0, ,l~k lC ~ Lr .j'," I:;~ ~8,,',;,~ ' . f(~" "~"c ; I' , , 'oc" ~."" '~~pr l"r: ,n~r~[r"'~:I';']il~u! ~('- r. ~'I. L'P-I '.1P 'ne ~'e'r"c" d "~ ~, ~f , ' 'v" . r ,,' 'J.> ~ ., ,t ,". ,,~. ~r ~'r '" ..h"~", u, '" -~ ',J'~ :,edpa.;',~rl,"-'n t0rn,j~eS:'K <.,'~,Pf [S2, 14 ASS1GN:'\IENT:" ~"-~',': I' ~ ~ J J, J ."_ : .' '~, ,~J:~""'-'~;" .\ ," ,1~~" ". I ,. ,f ' ,,~, J", ,,~I.. <,j,,: ,',I~r~:I'i~;",_ ;~'GL"r"~r 1',~,-,~"tJ",.-j~~,~'r 1t-,~e(I!(jli,,~t<,J ;"~II[LO,~:e\l',el~~'I;"'I'" .'_,~~,"J,,~ -;~ :r, C;','", JII.,':'1I,L::,'['$,']iC 15 OTHER COVENANTS OF LESSEE: \~'" '~ i.,,~~,; I"l' " '~';~,1' UII'; ',l1~pr 'h" 'jCO,Jre j~~rl, :~, "l '('rr,"~' ,'''' ~ f ~1 }~', '~,~"n ~nl 'I pv~, ~fl, n'1 \":1 ~;llll.~>I~rj I.' -/ot'.~: :T' r' ,; " ,,,'r,,,~',' !I' ,",'ll:" _ ,; J;" ~ -~,' "',~,' Ill' I I~I' L~o~~" ,,, , ,~t,,,..~ '^ if 'Q0rl<~ ;, 'I ~ :,.[ ~" J:[ f,~;r=111 ,'~ r~. r',n c,- ,( ~,J = '-1'. '~':'" '~,1':"~' n.'!'" c'":':n, ':n<!er' 'Cj ~ C "",~~n-l'l , ~ '~h, 1~. :~'! 1~ ", '~'! 1';, "'-;~'r"I'~ n,- ',l"s:~[ ':1"'1 ,,~! ~ ~,'F ,-' I ~['rl':'\',~rln"'~': Ie,,,,,,,,, I..:o,~ ""',~,''''I ','~ fhH'~'ort"i '1,'~~li ~~, !"~. "t"',io"'''>1''''':,' ~rt~rr~y~"!;., ~~ H,!I'p"Q'1l~,"uQ 1{:[~"~'r1t'~eL 1'r'l'.H~q""'I1~,,,oc"~'~r'.,,~: _ J~I L~;"'" ~ ~:~ 'i'I ~:: ~ -,to fnn ,)rr ~ I ",; ,", ,\ ~ .~ 'fc~'" ,t' ., "'~Fr ,n. . I"'" 'i :~ ~t H"c I, :",' N~ "t p "r~" 'r' r" " , [,'- "i., nil!', Q ~ 16f\ENTALRENEWAL. ~]' r~, '~L1r ","," :fI~Tl rn i" f'~ In 'P~PN 1111', '" i'~,' ,: '11Cf ~,'n' ";1.11 "TU' ~'1>--/o1' a' Dt'ulred hpre n [Lr.~DI€ ,n 1'-~\d11'P~' I~~ r'''l nnln'l QI ;d,~h ",r~ 1~''T1 17 RETUANOF PRDPERTY' _~,;; !~~Ie~~' .I: i'~[~'~lrJ ,J::".,C_"Jr:Jit.;~, L:__' ~C,F:€ j lI...uud ", I,} ~r ~,':l' j~~ T' 1'0' "C;'. ~'T'~1T ")1', e,he ~: ,j;:r t'~le"', un I~'rl!:'/ c L~ ,..C ! J~)J :'c'n [~aS,lI',IU::' ,w,rand It.J' a, C". "~,:. , "111'; 1~:'~",I[l,,: "L~ !'c,q:-,: C:r:l~L J <-1~'l;,. t:lI:C 'lP Le~~(;f, J: I; "U:-"c~ I' '1;~"W,l'. '",~~ -;u~,rSi..U:~I" J"'r,~,:"_ 'In'reL ! ,,",'1', "r'I;,:.,~,I' '~~~~;;' l' l',I;ll'''~ "'o,~~~'r "~I'ir~"tJ'~L~'" 1-,:" '11! '''''r: :"" I' I'~ ,,':;1 - '1',1 ;', 11. ,.,I.I"''lIl:JI,Le Vv'I~r~,,~ 'r: I" ,~[ Ir~ "'jlJ u L .... .', :,' -1' ; [." '1 :~' <; L~,qr,u~ 18, ENTIRE AGREEMENT: AMENDMENTS: r." :~J';P ,lnd ~I' ~I~~! fpJses a'ld R'r:rr),]dl~~d [1~'f'!0;-~ '1~~";",1'~~ ~ ']~f!:Jn 'T~ 11'1"" . ~" ~~'J ~ ';~'1'llf ".. 3'f <D,JOI', n~',\f'l''l i~P r~l1lp.s ~ ,,'P;1t (I, prnvldPrj h"'f'n Ir,< IP.-,.~ ;rLl, 1T'~,(1,;~'~ !~". I~(j ,I ; ;:~ df~~C ",~DI ,I' /lr,r'~,1 " "~a n,:':n !O~:;1 as ~seG r€:~'n S ",CO';1",j1P ,LCsliulelJ:ner~'m 19. SEVERABIUTY !"I D'CMSlon hereof ~,r .1nv rt[:;~d~ r~'p,~ ~fJVI(ll'd to' n~ Inval n under a~v WPi,,,;ole ~w -,;11 'Jrr'i'S'''Il"~ ,,~ ~ !Dp::cJtlleand d€€med om'!lffi blJl the rprr:alnlng orowIS;(jnshP.feol. H)(ItJ(]11lg the rem.!1n11lg delaull le~les, 5llatl tle given ~HP(t In ac~or~an(e wlln I~e :of' 1~)1 ~~'~n! ~r'f'{l! :~u !~l.P "'~rr:CPI1!1~1" ~rlll ('1' rr~~~!r,prj 1< 'n~ '''1',P,jI,d d nl~,I'~ it'P ...",'~ ~~"''''fl'''t1t :>Q~_n \he oartIP~ ,1"11 T:W I Li': ~ Ii." j ~r:T -/0 '~",'r'~J~UI;)PI,dl~ ;'1,jilbellee:1l~,l r ~~aD~D ) ;' 'JuurATION NUMBER 8601lN0924-01-185 DIGITAL EQUIPMENT CORPORATION DATE OS-i1a'J"'86 PLEASE REFER TO THIS QUOTATION IN ALl-CORRESPONDENCE AND ORDERS QUOTATION EXPIRES: 30-Jun-86 REFERENCE: DUAL MICROVAX II BASED CAD AND RMS SYSTEM DISCOUNT AGREEMENT NO.: WHICH EXPIRES: 1.01790 30 - J ur,- 8 6 TO: WHEAT RIDGE POLICE DEPARTMENT 7500 W. 29TH AVENUE P.O.BOX 638 WHEAT RIDGE. COLORADO 30034 LT. G.L. MM1S FROM: MINOO tif',LHOTRA Digital Eaui~ment Corporation 8085 S. Chester Stroet Englewood ,CO 80112-1.478 Thank ~ou for ~our inauir~, we arc Flc0sed to Quote as follows: MODEL NUMBEr;' ~TEM aTY AND DESCRIPTION DSCNT TEF:MS PRCNT U!~ I T PPICE NET MWUNT WITH DSCNT --------------------------------------------------------------------------------- 1 2 DH-630Q4-EA MVII,9MB,B123,RQDX3/3XRD53,US *5 F'I\ $L\3,780.00 $77,052.80 (1) Monthl~ Field Service Maintenance $511.')(j .., 2 DEQNA-M QBUS/ETHERNET ADAPTER/CONTROL *5 1.2.00 $1,97:').0') $3,476.00 (1) Monthl~ Field Servic8 Maintenance $1.8.00 3 2 CK-DEQNA-i\A CAB KIT FOR DEQNA-M IN 11/238 *5 12.00 $150.00 $264.00 4 1 LA100-Bf.\ *5 30.00 $2,19'3.00 $1,536.50 KSR TERM I,) / TF:f.) CT OF: US/120l,,' ( 1 ) Monthl~ Field Service Maintenance $32.00 5 3 LA10X-SL *5 0.00 $159.00 $477.00 LA100 TERMINAL STAND Off shelf deliver'J, QIIClw ") - " wecl-- ~ . ,', 6 ") LA210-AA *~) 30.00 $1,595.00 $2,233.00 .. LA210 LTR F'TR RO IJSA ( 1 ) Monthl~ Field Service Maintenance $33.00 EXPORT OF THESE PRODUCTS REQUIRES PRIOR WRITTEN AUTHORIZATION FROM THE U,S, DEPARTMENT OF COMMERCE, ~D~DGmD u :'1 \ ) I'! .....:JOTATION NUMBER 8601LN0924-01-!85 DIGITAL EQUIPMENT CORPORATION DATE 05-Ma'J-86 PLEASE REFER TO THIS QUOTATION IN . ALL CORRESPONDENCE AND ORDERS QUOTATION EXPIRES: 30-Jun-86 REFEF:ENCE: DUAL MICROVAX II BASED CAD AND RMS SYSTEM DISCOUNT f1GREEMEnT NO.: 103290 WHICH EXPIRES: 30-Jun-86 MODEL NUMBER :TEM aTY AND DESCRIPTION DSCNT TERMS PRCNT UNIT PRICE NET AMOUNT WITH DSCNT .-------------------------------------------------------------------------------- 7 '1 LA50-RA *5 30.00 $695.00 $973.00 "- 100 CPS PERSONAL PRINTER,120V ( 1) Monthl!:! Field Service Maintenance $10.00 8 1 DELNI-AA *5 12.00 $1,275.00 $1.122.00 LOCAL NETWOF:K INTERCONNECT-US ( 1 ) Monthl!:! Field Service Ma i ntcnJrlc (~ $12.00 9 :: DSRVA-Ar-l *5 12.00 $2,950.00 $5,192.00 8LINE TERM SRVR W/CNTRY L20 (1) Monthl!:! Field Service Maintenance $36.00 10 10 VT220-C2 *5 0.00 $530.00 $5,300.00 A/N VIDEO TERM I NAL -AMBEF: 1201,,1 ( 1 ) Monthl~ Fiold Service M J i n ten J rl c e $14.00 11 10 VT22K-AA *5 0.00 $130.00 $1,300.00 VT220 COUNTF:'( KIT US/U\NADA 12 '1 VT241-AA *5 30.00 $2,980.00 $4.172.00 "- A/N COLOR GRAPH TERM US/CAN (1) Monthl!:! Field Service Ma i nterlance $31.00 13 2 VT2I\K-AA *5 30.00 $215.00 $301.00 VT240/241 CNTF:Y I\IT US/CANADA 14 " BNE3C-l0 *5 12.00 $180.00 $633.60 ETHERNET 10M TEFLON U,BLE Off shelf delivcH'J' allow '1 - 4 weeks. 15 16 BC22D-AO *5 12.00 $99.00 $1,393.92 100 ET CABLE,ASYNC,NULL MODEt1 Off shelf deliver~, allow 2 - 4 weel<s. EXPOIlT OF THESE PIlODUCTS IlEQUIIlES PIlIOIl WIlITTEN AUTHOIlIZATlON FIlOM THE U,S, DEPAIlTMENT OF COMMEIlCE, ~a~dGmd \'! LJ u : d I I tJ " l.....vUTAriON NUMBER 8601LN0924-01-185 DIGITAL EQUIPMENT CORPORATION DATE 05-Ma'J 86 , PLEASE REFER TO THIS QUOTATION IN ALL CORRESPONDENCE AND ORDERS QUOTATION EXPIRES: 30-Jun-86 REFERENCE: DUAL MICROVAX II BASED CAD AND RMS SYSTEM DISCOUNT ~GREEMENT NO.: WHICH EXF'IF:ES: 103290 30-Jun-86 MODEL NUMBER [TEM QTY AND DESCRIPTION DSCNT TEF:MS PRCNT UN IT PRICE NET AMOUNT WITH DSCNT ,">eo ....J 1 BC22F-25 25FT CABLE,RS232,25 WIRE SHLD *5 0.00 $85.00 $85.00 LEAD TIME 01 Months 26 2 QZD05-I5 DECNET MICRovnx F/F ISS TK50 *5 0.00 $1,500.00 $3,000.00 27 2 QZ002-I5 MVMS 8 USER ISS TK50 *5 0.00 $760.00 $1,520.00 SUBTOTAL Insurance $125.117.02 $632.71 NET TOTAL AMOUNT $125,749.73 (1) Total DECService Monthl~ Charse T~~c 5 DAYS, 8 HOURS $1,496.00 (2) Total Basic Service Monthl~ Charge $407.00 'iOTE: (1) This charge IS contingent signed Field Service Contract to the date of Installation. upon having a in place Frier (2) This charse is signed Software prior to the date continsent upon havinS 0 Service Contract in pIece of Installati,)n. EXPORT OF THESE PRODUCTS REQUIRES PRIOR WRITTEN AUTHORIZATION FROM THE U,S, DEPARTMENT OF COMMERCE, ~6~dG~D ': I) 1 .') .l . rt DIGITAL EQUIPMENT CORPORATION '....iUU r ft liON NLJM~ER 8601 LN0924-0 1-'185 DATE 05-Ma'j 86 . PLEASE REFER TO THIS QUOTATION IN ALL CORRESPONDENCE AND ORDERS QUOTATION EXPIRES: 30-Jun-86 REFERENCE: DUAL MICROVAX II BASED CAD AND RMS SYSTEM DISCOUNT ~GREEMENT NO.: WHICH EXPIF:ES: MODEL NUMBER :TEM QTY AND DESCRIPTION DSCNT TERMS PRCNT 103::>90 30-Jun-86 UNIT F't\I C E NET MIOUNT WITH DSCNT 16 *5 12.00 -------------------------------------------------------------.------------------- $7.040.00 2 QZ002-C5 MVMS 8 USER LIC + KEY TK50WW 17 1 QZ002-H5 MVMS 8 USER UPD TK50 *5 0.00 (2) Monthls Software Maintenance 18 2 QZDO"j-UZ DECNET VAX FULF LIC W/WARR *5 12.00 19 1 QZD05-H5 DECNET-MICRO VAX F/F UPD TK50 *c' _J 0.00 (2) Monthls Software Maintenance 20 2 QZ92"j-UZ DECSERVER LIC W/WARR *5 12.00 21 1 QZ925-H5 DECSERVER 100 SF'S TK50 *5 0.00 (2) Monthls Software Maintenance "" ~- 1 DF129-r;A DF129-AM MODEM-US/CAN HOUSING *5 12.00 (1) Month 1.J FiGld Service Ma i nten3rlce 23 1 DPVll-M *5 12.00 SYNC INTERF(\CE EII'\ FOR LSI-l1 (1) Monthl',l Field Service Maintenance 24 1 CK-DPV11-AF *5 12.00 CAB I\T RS232 W/MC MICROCAB $1\.000.00 $1.000.00 $1.000.00 $240.00 $1.9'50.00 $3.432.00 $500.00 $500.00 $141.00 $150.00 $264.00 $130.00 $130.00 $26.00 $2.295.00 $2.019.60 $17.00 $575.00 $506.00 $17.00 $220.00 $193.60 EXPORT OF THESE PRODUCTS REQUIRES PRIOR WRlnEN AUTHORIZATION FROM THE U,S, DEPARTMENT OF COMMERCE. ~a~dGmd \.. U U l i"j I I :~J " l..luUTA.iON NUMBER 8601LN0924-01-185 DIGITAL EQUIPMENT CORPORATION DATE 05-Ma'J 86 , ' PLEASE REFER TO THIS QUOTATION IN ALL CORRESPONDENCE AND ORDERS QUOTATION EXPIRES: 30-Jun-86 "'EFERENCE: DUAL MICROVAX II BASED CAD AND RMS SYSTEM DISCOUNT AGREEMENT NO.: WHICH EXPIRES: 103290 30-Jun-86 MODEL NUMBER [TEM QTY AND DESCRIPTION DSCNT TEF:MS PRCNT UNIT PRICE NET AMOUNT WITH DSCNT -------------------------------------------------------------------------------- 25 1 BC22F-25 25FT CABLE,RS232,25 WIRE SHLD *5 0.00 $85.00 $85.00 LEAD TIME 01 Months 26 2 aZD05-I5 DECNET MICROVnX F/F ISB TK50 *5 0.00 $1,500.00 $3,000.00 27 2 QZ002-I5 MVMS 8 USER ISS TK50 *5 0.00 $760.00 $1,520.00 SUBTOTAL Insur'3nce $125.117.02 $632.71 NET TOTAL AMOUNT $125,749.73 (1) Total DECService Monthl~ CharSe T~pc 5 DAYS, 8 HOURS $1,496.00 (2) Total Basic Service Manthl~ CharSe $407.00 'iOTE: (ll This charge is contingent si~n2d Field Service Contract to the date of Installation. upon having a in plClce prier (2 ) This char~c is signed Software prior to the date cord, i n sen t IJPO n Service Contract clf Installation. having a in rJ12ce EXPORT OF THESE PRODUCTS REQUIRES PRIOR WRITTEN AUTHORIZATION FROM THE U,S, DEPARTMENT OF COMMERCE, ,~~~dG~d , i.i ,- ':1 'JUu;-t.. TiON NUMbER Ii i 8601LN0924-01-185 DIGITAL EQUIPMENT CORPORATION DATE 05-Ma'3'-86 ~ ' PLEASE REFER TO THIS QUOTATION IN , ALL CORRESPONDENCE AND ORDERS QUOTATION EXPIRES: 30-Jun-86 REFERENCE: DUAL MICROVAX II BASED CAD AND RMS SYSTEM DISCOUNT AGREEMENT NO.: WHICH EXPII<ES: 103290 30-Jtm-86 This Quotation shall remain firm for 56 d~ss from the date hereof1 unless modified in writins bs Digital EQuipment Corporation prior to our acceptance of ~our contract offar. This Quotation is subject to credit approval and is Soverned by the Digital EQuipment Corporation Standard Terms and Conditions of sale arpearinS on the reverse hereof and/or the terms as noted above and attached hereto. *5 Discount ASreement between purchaser and Digital 3S filled in above. An~ contract resulting from the Quotation must be accepted at DIGITAL'S CorporJte offices b~ a duly authorized representative of DiSital Eauipment Cor~oration. Insurance will be provided on propert~ while in transit and a charge of $.50 per $100.00 of 8Quirmcn~ valuation will be made unless instructions ~o the contrar~ arc clearl~ stated on the fJce of the purchaser's order. ~uotation Prepared bs _ _ ~~ ~_ _ _ _~~J~~_ _ _ ,_ _ _ _ _ _ _ _ _ _ _ _ _ __ M I NOD M(:LHDTR?l ---." EXPORT OF THESE PRODUCTS REQUIRES PRIOR WRITTEN AUTHORIZATION FROM THE U,S, DEPARTMENT OF COMMERCE, ~a~~Gmo _I I" , ,- C' l..; " :.; --,UlJTATlON NUMBER 8601LN0924-01-185 DIGITAL EQUIPMENT CORPORATION DATE 05-11a'J"'86 ,. PLEASE REFER TO THIS QUOTATION IN ~ ALL CORRESPONDENCE ANO ORDERS QUOTATION EXPIRES: 30-Jun-86 REFEF:ENCE: DUAL MICROVAX II BASED CAD AND RMS SYSTEM Acl<nowledge To: DISCOUNT AGREEMENT NO.: WHICH EXF'IRES: Deliver To: 103290 30-Jun-86 Bill To: Special Instructions Reauested Dlvy Date Remember to attach Certificate Purchase for Resale **NO** Ta::able Sa12 :!<*YES** F'.O. NIJmber Purchaser Allows Partial Shipments and Ship Via PiJ<,JITlcnts ? YES @ UNE t' S Digital to provide transit Insurance? *:(@j* YES ~ IllS UNIT NET ITEM QTY MODEL t.lUMBER TEF:MS I. PRICE AMOUNT ------------------------------------------------------------------------------- 1 2 DH-630Q4-EA *5 PI" $43,780.00 $77,052.80 2 2 DEQNA-M *5 12.00 $1,975.00 $3,476.00 3 2 CK-DEQN!'\-KA *5 12.00 $1~0.00 $264.00 4 1 LA100-BA *5 30.00 $:'0195.00 $1.536.50 5 3 LA10X-SL *5 0.00 $159.00 $477.00 6 2 LA210-Ml *5 30.00 $1,595.00 $2,233.00 7 "J LA50-RA *5 30.00 $695.00 $973.00 ... 8 1 DELNI-AA *5 12.00 $1,275.00 $10122.00 9 "J DSRV!'\-AA *5 12.00 $2,950.00 $5,192.00 ... EXPORT OF THESE PRODUCTS REQUIRES PRIOR WRmEN AUTHORIZATION FROM THE U,S, DEPARTMENT OF COMMERCE, ~a~8d~d u h l' c.. l" lJ F (1 c...UV r A TIUrJ NUM8ER 8601LN0924-01-185 DIGITAL EQUIPMENT CORPORATION DATE 05 - M a',J ,- 86 . . PLEASE REFER TO THIS QUOTATION IN . ALL CORRESPONDENCE AND ORDERS QUOTATION EXPIRES: REFERENCE: DUAL MICROVAX II BASED 30-Jun-86 CAD AND RMS SYSTEM DISCOUNT AGREEMENT NO.: WHICH EXPlF:ES: 103290 30-Jun-86 ITEM OTY MODEL NUMBER DIS TERMS /. UNIT PRICE NET AMOUNT ------------------------------------------------------------------------------- 10 10 VT220-C2 *5 0.00 $530.00 $5.300.00 11 10 VT22K-AA *5 0.00 $130.00 $1.300.00 12 '1 VT241-AA *5 30.00 $2.980.00 $40172.00 ... 13 2 VT24K-AA *5 30.00 $215.00 $301.00 14 4 BNE3C-10 *5 12.00 $180.00 $633.60 15 16 BC22D-AO *5 12.00 $99.00 $1.393.92 16 "1 QZ002-C5 *5 12.00 $4.000.00 $7.040.00 ... 17 1 QZ002-H5 *5 0.00 $1,000.00 $1.000.00 18 '1 QZD05-UZ *5 12.00 $1.950.,)0 $3.432.00 19 1 QZDO~::'-H5 *5 0.00 $500.00 $500.00 20 "1 QZ925-UZ *5 12.00 $1";0.00 $2611.00 ... 21 1 QZ925-H5 *5 0.00 $130.00 $130.00 '1"1 1 DF129-AA *5 12.00 $2, ::95.1)0 $2.019.60 ,;..... 23 1 DPV11-M *5 12.00 $575.00 $506.00 24 1 CK-DPVt1-AF *5 12.00 $220.00 $193.60 "1'" 1 BC22F-25 *5 0.00 $85.00 $85.00 .....J 26 "1 QZD05-I5 *5 0.00 $1.500.00 $3.000.00 ... 27 2 QZ002-15 *5 0.00 $760.00 $1.520.00 SUBTOTAL InslJrance $125.117.02 $632.71 NET TOT:1L nMOUNT $125.7'~9.73 Purchaser agrees to bus and/or license and Digital Eauipfuont Corporation (Digital) agrees to sell and/or license the eouipment anM software (Product~) as listed above in accordance with the Digital EoulPmcnt Corporation Standard Terms and conditions of sale and/or the terms as noted as above. EXPORT OF THESE PRODUCTS REQUIRES PRIOR WRITTEN AUTHORIZATION FROM THE U,S. DEPARTMENT OF COMMERCE, ~D~Dd~D tj 1\ .I..' ._. :', \ ; ;~' 8601LN0924-01~185 ..,<,JOTATtm~ NUMBER DIGITAL EQUIPMENT CORPORATION DATE 05-Mc'(-86 ,0 , . PLEASE REFER TO THIS QUOTATION IN , " ALL CORRESPONDENCE AND ORDERS QUOTATION EXPIRES: REFERENCE: DUAL MICROVAX II BASED DISCOUNT AGREEMENT NO.: WHICH EXPIRESt Purchaser should not cn:ecute this contrnct offer unless the applicable set of terms and conditions are attached to the Quotation or unless a discount aSreement is filled in above. This order is e::ecuted b'.J 3n authorized representative of purchaser. Acceptance of this Order b~ Digital will be its order ac~nowledgcmcnt form forwarded to purchaser's address above. The order ac~nowledgement form shall confirm the applicable deliver~ and pricing, Purch3ser hereb~ agrees that it has read the applicable terfTls and conditions. IJnderstands thell" ,rid agrees to be bound b~ same, :'u rch3se 1': D3tet ~~ : Title: 30-.JlJn-86 CAD AND RMS SYSTEM 103::>90 30-JlJn-86 EXPORT OF THESE PRODUCTS REQUIRES PRIOR WRITTEN AUTHORIZATION FROM THE U,S, DEPARTMENT OF COMMERCE. c61- ('...:). ':)h_ilvc~ .. ~ .., , ."''Ii' !'!;J..."I,j ".,J~~.iJ~mCl&t , ! I I '. - -8'-l' "11-"" 3T.l>CI DIGITAL EQUIPMENT CORPORATION ~' ~ .~,,,:~~ STANDARD TERMS AND CONDITIONS ~t:It~1~f~~~~UiOment Corpl1ratlon I' DIGITAL 1 sells and lIe,ns..! ItS P'ooucts lequlpment 8nd ,oftware\ and serotlces In tt\.e Uf\\ted St.\.~ ot A.ment-a Cu<f\om SeNlc...... . <Itll!llIIl<<~-.wI" ~ Wlllallt'-"t<<.o, "-eo :', ,- t.. TAXES Prices arJ '"/'lll~Qe" ar& elfCluSi". of. and Pun::ha,er IS raSCOnslble fOf,.1I sales, use find like taxes. ' . ~ t ~ ~~, Z. DEUVEAY, SECuRITY INTEREST, O'E.\.A.'fS 09llvM1 of Pn)O\lC~S '"."i be F,Q,e, D1GlTA.L S planls ..;c~ ", PurChaser w,:1 b"""~llIe t4:}lH\,l~uent charGes. DfGITA~ '~)I~eTel '\ll'i'e~. Olr.e"~(ji'iic~rn.~Ih(j'py Purchaser prepay transit Insurance al'ld freight and bill Purct'laser fOf Insurance al the rate of $0.50 '~ ' J)ef S~:xJ 00 of ~Qul;lment vlllJatlOfl ard for COllstruclf:'d transportation "charges. Purchaser, lfIay de:!liQnate . speCific carner on a'n orOer. DIGITAL reserves the right 10 chOOH an alternat. cam. It shIpment. are not ~ - . ,-).. plctQd U? 'fOltl\{;1. !rJl't1~\9t\t~.(-8j!\Ou3 aftflr no\lf\callQn ~ ,J'-'} '1 J. ~ j ~~.J 'il I',' ~,:- ;.,j...:~,. Purch, asef hiti', "OY..,gf8nl!t DIGrr..u. a tleCurlty Interesl In 1M Products and In any proceeds IlrlClitdlng~acCounts ~...bl.1 as security for II' obligalion. tlereunder and wlll.xecul, any dOCument required 10 perfect thfa ",r.:--h' '~,~ Jf=ttt~~~~~y~\al. f~l~la:tt-1~9ryi~;'~,~~e O~SfJ~ce/l:e !(~ ~Jsk~~ th.l~~e cont~ 01 DIGITAL J~J~~~: _ T:; s. PAYMENT ANO CHARGES .[';,l;:., ,I ,,:, . :.I.,,"' .}~"~~'~"1,~ ",,,.11 Equ"m."",~"!"',,,, , . n','~""l,,,,,,,,,"<.H"^ ..."..",..,..,,-,y ., ' ..f\'4ifi, ~:... + i Terms ar.;1Vt t'klrtf ~}'+ from da~ of e.(':tyd~~ subl~ l.PurChai8t;~"ff'lttillal"~g eM:!/Vanilno6lrWMlla sallsfactory to DIGITAL Otherwise, terma a,. cash on dell......,. ~"-ft:&::tf~ " "::1 So""'" ~D. '.. ".. ," O>'''~. "V''' l1'-~'j' ' ",', ~. '. .; \ \ hyi'N':'lt 0' ~\!'l'tl~bfl'l;" . due uoon recalpt of Inyolce unlssa 0061A tta~'4f\~ ~;;Ga8-!" ~ 'Dncrtptlon. Prepay""nt In full musl accompany reglltrallon rOf any regularly IIChedul~ COUf"M ~.\lt.'f ',' '-!':. ' ~:, ',~ eotldoctad 41 a 00, tT.ll.-laeHlty_ Chugss for Will ~.!.ce~ ~y})e~lU3t&d..by'.oIGlT~L al!8' V1t inltfallerm speclfled,in the ,pptlcaDla $erVice De&enptlon upon ninety (901 dayl Prlarwrlttan, notice. Ch.troe,', lor ottw .,~\.~ ~ ~~;~.~ . thMl ~m sefYiu. iI"" tor.....fCe8 n~covere'j:tlilMa"~,tC.a."'erln Senoloe tlhl:rlptn::.a....... f;. riRHit-iI the ~~.lItng _~publl.afled DIGfTAL: r-'.:l ~J U'i- ".' ,.~.- ".'i:/..t;~~'\: -.f';'1i 4:.~ ~ ""EPAR"TlOK,. tMSTALl.At\OtI Purct'rllAf s.1'l~,~ lna~'qW ."e'~ Qpl_le *_, In~lI.'I_~ ~ ~ OIGlTNo,'a.,.,stauaUca,,,,,", slte prepa~ ~."", ' .~, -1-1', ,\,~,(~. l,CofnpIJfS'fll sM~b&.tttat"'fldby Pl06T.ltL anywhere w'1t'l;n<~ tj?ilt'~ Statd'lPcept AtaakKat'h!"addltf01'\'Jj ch'Wgl"o1Ily'if tl\e '~lIc:a~"lll1c. liarlltaleS 1",,1 lflmllatlof1 fa R\ctlKlec:...n tM price. IMtllllallon atlall be i\ "~~ .~ ~" '''', . CiefIrn~ comple1ed ~lX'" auccesstw concl~r01'l of DI~!t1>l" s.Ja~~ tes.t p~~ In~~ of "ilq,Jrm~~~I~all"'~ I'MPQ(le.lblliry of Purch..... ~c.fI ~1"fI Pur~~,... to ~ 04GrrAL forttw. "},'~ .,- i. ...- 'N1,aHatiOn-. OlGfU,1.. s,,~\ t<&UOOM,ftO.ot)\IQat:oo \o'~\l ~t,~~,,",~ l'iVlf.,.~pei1t\Jftted. ,"W aft pre~t. ~~I.l!a+lbn'" a,. prop<<ty ".,~ttl)-~.,quIPlTMtl'rt, products and alt..,. ,....t?!,~ j;'.:;,~ I rna<1:e !,,""II~I!t to ....'GliAL ....IIhln tl'llrty (3('\ da'1s a't&/' oellVeQ ,1,fl~lIlf8l!:oru;l1 !tOftwanl'rShaU beinacli<Ordanc. WW't~Jtlen cu~t appr~~I, Soll.are PToooct Onerlptlon ~~ DHctlptlon. ;~~"; ~'"" DIGITAL doe!! ~l ac-oe.o-t~MP~~.IbIIltY t'.l connect OIGtf:AL ~ ~ ~DIGIT"L~IPn1Ilr1I_~l!fd .,.GtrAL at'i~tlon~otinhWtt~pI'tld"'" DIGITAt. sha" ~.Iaiblht'fo.toran'f damaQll~td\mey rwutt. . ~~'''-'','.'. :~~,;:~:\=~~J~~i~; ".,.".:::.~2~~::~;;::,...(~:.t)lf~1~~;7.!~~~~~~_-:"':~~_:ndL~,~;:~\\~ ::-,\\", ,', ~ ,In "'....."'.....'''-"... 0' ,,",.m,n'm,"; or,n;rlY~~'Y' r" p.rt. ."",,,,,,, "',,"",cod ~,.,..., t.o'm "..Eof~"taIl.lfon~'."o' "',"nlGlT.L-'.....'.I"""L '""" '......0' .......,-. . '7>tj. t.,","" "':";, ,\<tll,' GITAt.~....., n,...!Wml"".."'q....Yj'1"-,..1:":!1""-"'to"'!<'"".....,..,.,....,'",~, ...._, ""', r"'OI_,..W"""tv,_wl'l.oOCl>_on'''''h,Irt'Ofhl3Oth)doy'- .~~'~,.. 7.?;~'~~k~" :'':'~~OeIMHy...t', .1.''''., J.r.."j-..~t.:;;."".~~.J ~,~u 14 .,c;.....' ~ aU' ,J ,II~...l..t'..;jJ.Jt'I-,r , ...~"!(.i.~ "~ '?. ,~~,,!. f?~"nIGlT~L'. soJe'l'POOnSlbprtyu.'lder '111'1 ...,-ntnty .....~rere~~~pt~tOITAl.. ~.~r.l'IOIWIl~hOU"'''y QOlIlPOMft1 whIctl t-'LadUMOttw.errarrty pertod becauM ',':''J;:. ~ fJ." ~", ofJ:de'f'CII"''A'i'lir1l.T"''anshIPl!l:''1I;1m'llert8r..A11~OJ'aced~uiPn'fBn'i:orpatt's/'IalHI~o'l'neDIGt~t"~rrV,--...t":,. rl~rl"l ~C I __ I W .....J... ,..< . ....:..~~'-,:. ,"/, ~ ,.1.3- Fort'l:l,---,oment ",hlch,...ln1!ca!ed in .....~'li1~~~ ilSl as"'9'~r'10r?""$jt._rral\tyaooi~l4*~IMt..t.;~QlOO~n-A.lwllll*10fm..tM..nan.,at~n..r'.an.wlthlnlheUnlledSUiI. -:-"'~,' t:: ~_ 'r.' ,..e)!l:'JP! .A!lIeka. Pef!lOl",8' Com~t8'S. a:tMlJ'::'1 not In'talfed bv Cl'GltAt.. Will rec&t'Ye 6/'1 Sit.drran\'j wtthlnthe'l:Ol"rtlftent,'rllhttecl Slald. .... ../' - ...., . . .OJ. j .... ., , 6 - -k'1 ',. ," ;",' 5.1." Foralto~"e'eqU!prr~nl, e)(c~ot a,' <!31Nl,'i9{'O ",oIICablep.'!fIlollS;, DKi1T""~lIperto""\"t"..:Want:lty_.OlGL1ALr.oeIrf-';lltty In".~adSta~.Purcheut'IIIU8tfU4mequlPfM"tonlylnaccordancewtth .'1tf3," " DIGITiAL's !hJ~Jng InsHuct<ons .-.. " '-l. , ,..., ... -10 """ ilq; Hii U. I ., j . ::J iM::l '- .~ ~ .... -' \ L, ..; ...... ;S....:'l... .. r ~'1.2 ~;:w:eO~~:~:8t"nn;nes Ihal the (,<Ju<pr;~nt le.-n~ ~ltIf!J&'!",""~he lerm,s ~".r~"~iF\tf~Itt'!l.1 pay ~1lf-~t!~~Uno, ~~~j~ ~ _~u-. ~ DlGITAL'I ~ ~a1ttng ...1-. 1.:::- ~ _ t.' -DIGITAL S..:pportlt(\ Soltwllre l!l w8rraf'l;'lC to r-~tr" 't:,~Il-Q!/;a''ll'~SQ~e P~~ptloa.'-:SPO'~tlPl~b1.'" t.... ot~ DIGI'TAL'a~-.obUgatlqt1""~b410 rwNdY an'f non-oonlormance of tM ~',~ ~..'''t~!<<"''''''(ll!nfetotI1eSPOu.8oeclflealrrlhttSPD .-ftel~~softtit-:mtl'sprovkred'a$1&"..J ....~.:fl c.,.'alt. oJ.1 ..;~jfJ ..;...J":;.1 L... l;.;'...::;J ..-)a. "_ -,,:-_,t".a-";"~ ,.,..._...,"'.",,', "'~ ..",,,-l+ ""1",''''~'''''',''If,.;"".,r,r.~h~,..., 016 "lU'l'3J ~ "'fti2.~ ,;;'1.; t D1GITAl...arr.:tnl:tthtJ!I.rviee8wltlbltp~r1orrt!!d'I1'aQood';""c~rtt.a_man~(l;rtllec6rnance'lf\ft'''tMl1IPP\~~~.' -.' - I ~ ',;; -::li->a; -.~ ,''''40on",.' ,.", .....,,<;7 vrf """!JOr' ""J oct ~~~1b~ -~~.: ';"',~i~' ..;, d,:. ;'1 Th.stated-.ll__entl"lllr!tlecnlt"g9l'\tuoonC"~eftr#tatmen:8fldUSeo'th.Productarldmalntenanceof,'ur.lnds'tiltiltil.s/Ti.T'1 :J - - ~~~ '-Q. ,- ~,~~ ,!;'; EJ(CEPT FOR T~~ ex-PPESS WARRANTIES STATED HER~!N, DIGITAL DISCLAIMS, Wl1'H~ UN.\rAJIOK, AU. ,,..NEO YH..RF\AN1'\ES Of FITNESS. -~ '.~,,~' : .. ,...n-NTS AND CQPYRIG'HS .j <! .......!. . .' ,~.;.....":I , "1.1 D.I@T'l$8'and.lndMlnlllcatlon ':,)' tr:. !.~ _ .; ~ _ _ . 'f' g.::-nt1?r1.~f ,~~ ~v': O!GIT"~ :;tle'" ~fM\d: ~ it., e'llpamie, an)' claim lor s",t) broUQnt againat Purcnaaer allegl~ t~t eny Producttc furnished hlltllUn<*' Inlrlnge a UnUed Stal.. pstent Of eopyrlght, and al\&U pIIy all oosts and damages . ~ 's.:=..t -..;-.: fl"'llly a\llaniad, Pf~tnat DIGlTAL.1-fiI gIven pl'or<.DI wntten nOllce of auch Claim al'1d la Qlven InformatlOA,re&sonabl. uslslll"lC', and 101. auU'IOl'tty to de/end or MII'-I,.. claim. Inll'llldtfen.. or ..Ule~t of tM -~, fb' -- ~1~~~~~~~~~~O::;s~==r;~ r~~~~ ~:~~I~~t~~~ln~I~r:;~~:~~=~X~%~=~I~f~tn~r:=:.=~~~::g~I~-:~r:"l:~uc":ll:':nZt=I~~~.~::;~= ...~~ "~::ff' de'flcn..-.ot fl,l(Tll~1d by DIGrTAL otGJfAL diaelaim!! all o1n., lIatliiity for patent and copyrlght Infr1ngotment. InCfudl"il ,-"y InckMnlAl or conMC!uent/a1 damaga. '" ,,'. ~ .,"~ ~. ./.tr+<-...~ "2-P~~ ~"."" : I 'j>.} For PmductSi fum~hltl'8UnOer which have. UNIBUS lnl!!'fCOflnaction bu., DIGITAL grants to PurcttaM4"a rKln-tranat.,.b/. ilcel1M under U. g.Pat.nt 3.I15,08G to manulaclure UP 10 tan (10) l)eylc. fof connection ','.,:,:~"...,(.'.~,_,,'~ " I. 0UCl> boO on" '~u.. '" .." ,0. "...,,' '" monu",,",,," Foe """""on.1 300 F.m'~ Prod..," "",..... .....,.., w",," ,,,. . CT' Bu. ,"''''''''_''0' buo. D'OITAL "'"" ,. Pure_. "..... u_ ~:: ::- _ ~ DIWTAl's Pl.tMfJlligh14 to Ill,,"ufacture a;Jdiof to connect dftV~ to Ituc;h Oil Bus onl)' and to 11M Of ..u thtt 0Iw1c.. to manufactured. 'Devlce" muM. memory or P<<1ptwre.t unit ~ted to M<litKt" conn&(,\.a 1O'rw~.. an ~IC<< tOf a rnen'ltry or ~phflrall,ln,l enabllnQ II to be dIrectly connected SO mat the conn<<:ted memory or p.rtphltfAl unit 1. 0QMrecI by thiS palent. ...;.l r;I, ;'~1. IOnw"A~~P"C~"UCENSE '~. ."';.~, .. -~ '"':{t 'l_:O:~ '.-:' :.''1.1 ""n alrtgl.iJ.. ik;eflaed lJQftware, IflCiudlng sn)' subsequent updates purchaHd, and any part t"'-...of (''Soffw.,.'' may be used on only tl'l. SIngle CPU Of equlpmenl c;on't~u,allon ,pecJlled In Ihe applICable SPO . 'I} - wmen the Sof:w~ Il!Illnllnalalled, ,nd may be coPIIlO, In 'NhQle or in P.lrt (WIth lhe pro,*, JnC/usion of tl'te DIGlTAl..copyrlght notice and any DIGITAL propna1ary notlclM on lha Softwa"lonlY'(I( UN on that CPU ';'~ ~ spec. fled equipment canllgufatlon.' " ;.~ 1<. ... 7.'.lTne Soft....,. may be u8IlG on another elngle CPU on a lemporlll"f bUis dUrIng a malfunction C1t the O~lnsl CPU whleh eausn the SoftWare to be lnoperlOlL ' : -...,.." . '. . ~"'''''' " ~ 7.1..1 Pvf.c/'l.... s"'an Il.ot mtIIut .vaHable tt1. Software In any lorm to any third party lexceol PurchaHr'. ..-nploy.es Of agenls dIrectly concermtd 'tlflth Putc:h&Mr's licenNd u.. 0' I"" Software). ! ';' .- . j~.z. ~ ~ g,..,ted 'tlflt"'Clul medls are lubfeCt to all 01 1he lenM 01 thla Software fl'rodoct Ueet'\M,.axceol tnat Purcha.., Ma., obt&In the Soft<<.,. ~ eopyl"911eenM4 Scttwa", In tM Purc:haMr's '.,":" ;owtoUttCPUlcrw"lcho-1htosottwarelsUcenHd. ~ '7~, Sou~'" sottwanr (equtrea Ihe P<<UtlOn of. .ltOam. Softwlflt Program 9ou~ UcenH Agt'le(Mnt betnen PurehaMr attd OIGITAI- .:.. ~ ~ ;.t:-..Thw.,.ny .qfnrrare designated Ih 1M appllcatUe prlce list.. euOject 10. thk'd-PartY I~" Ig~ Ie W-lbtec\ to tf\e t<<me and candJtk)M.QIII thIo ~ ~ ~y\nrQ 'tha eotNara. Purch....... .' '._ not cogy, In" (Die/on or ~.ter t"t .oft....at. t:tceol ad prOVIded In Ihe appficab4. LJcense Agreement "'~.- _ 1'.if Ifl _..erIt th8t aoftWara Ie "'" madt by DIGIT AI.. In lhe perfOfl'l'\&l'lC8 of a servIce ror purchaae, DIGIT At. ahall be frM to u.. rOl any putllOH, any concept.. ldM&. tecm~. or ganeral eottw.,. dne'oped br .... <~~-- tpeoC{allllt OurlflO u.. ~ol the seNIces. It Ie unOerslOOd that OlGITAl Sf\alt 1M ff" to pursue; elthM dlrec.lt'f or I/IIlttl; thinS- pai'tt.M. b..wMU> or ~\ut\ona ot a slmllar na'~ .:.. . " ~ ,Ail otNr .0ttwata,.lnoWdlng pKng.d applications soll'Nsr., andJor software modifications fun'tished to customer ,,. IIc.nsed In accontance ....th 1M *"- of me appllCllble paragraphaln Section 70tthne twIN. " f.. No trtle to Of ownership of a"Y Self"'"r. ill lranslened 10 Purch....,. - , ..t. 1'.7' QlGlTAL. m.y 11Inninate; a1llOflwa.r. ,ic.n"S grllt\led her$Uncler al1d reQulrerelum 01 1M tQttwar4lt Pu~ faU. to com,;!,,,, with tl'leM UctI\.. tem'l& and cc:r.dlUoroa. .:- ....~- ", ... DlOrrAL'S PAOPEATY Oocum8frtatk>Q. .chernatlce, malnte'lance maler1als, tool., Sit. Man.qement GuiDes. leat lKlu1pmenl. software (Including dlagn~lIc aoftw.,.j for whIch. IIoenM hu. not bMn obtained, ~;}J:I .ltocfatea ~. to ~ ~ by DIGITAL pef~nal allM ;os!aJlatioR .lle !hall rwnaln the IUCl1l84Ye prooerty of DIGiTAL and shaU be jor DIGItAL's aoIe UN. ~~Z ~.. ."V\CU ," :. '...,~,,~ t.t SarvIC.lt wtu bf Ivm~ tn ttCeord...-.c:. with the fPpllcaDI. ServIce DHcriDllon. How....., DIGITM. may terminate Of refu.. a.Nlce II, In DtGfTM.'. ~nkln, condttloM AI lhrt equipment location ~t a - ,to the yfely Of neetttt of anf DlQITM. emplo.,... - ~ --- .~~"~ U FOItlnoa-...,....lca-wher-tDlGlTAL may JlfOvtlH or\-llt. ..Mea.. wa~ol lIablllty Of other raetrtctlOM will 1'101 be Imposed a" reQulrwnent fora::ca&L '.:.OYEUEHT Of' fOUlPtlIENT UNMR TERII SERVICE ~ ~~ -#. ~.~:.... :...)- -.t'...,,'CQ. t Pvrch..... will notify- OIGtT41 Ullttt (30) da,. prior- to movlnQ. equlC)m.I\L DIGITA.L 'tllUI be ~ I\Q obll,..t\on to l:ontl-n\.l8"~ \.l'tMl aq\llp~ endIor wttware) 11 equipment ISlT'lO'Md wtthout OIQIi"l'. wrttlilft -'.: ~ \ .': .i)7~1o.a =~~~ atfte ;;1~/~fI ~jM theJ deinltallll1lon and relnatallallon of the equlpmerlt sndJOf aoftwlf'a. Monthly charg.s wllll:le ~"~I'len tM eqWpmenl ~or toftwve I. ~"a/I-.d and ~:~ _ ,~t { ,~st8d a"dlor ~alect on U. day followlnlJ relnstaUatlOtl. Purer.-.r will ~'1 to\' \abc)I' e.M mMer\al" ~fG'I\Oed b)' DIGIT ~l Our\l"lO \hi. tf'IO'rWTlIlII'1.. . ... - . 'w .-1:XJf01IIT ~ar-dl~ of "d1actosur~ rua. Oy Puretltser 10 DIGITAL of an u!t1mate deauftAUon of tn. Produc\a, ~h.ser will not export, .Ither' c2lr1tcttr orlndtreatty. wPt cIoc:wrIentatlOft, Product Of ~ -:;.;7a.:f't Pnxlue1 ...rthOQl. ifni OCd.rnng a jlcllf'\~ from tNI united Stat.. Govemmant, lIS t'8qulred. _ ~~ ~i~.; if". CAJIIICI!lJ.,t.TIOH AND MSCHIOULE CHARGES In tn. "'....1 Purcha.., fl)cancela all or .ny plll1 or any ordIl" or fHllall1 to m..1 a"y obligatIon hereunder, c:au.ng canc*latlOn or ~lIrtg of any otderor portton." ; .r.t\~.:r....\,' i ~tr)~UIl1lI. a fMCheduJlng 01 ~tM,d equipmenl and the' request Is accepled by DIGITAL. Pun:huer agreea to pay to DIGITAL tM following cancellallonll'.-cheduM ef\argea: ~. ,:~'" ~ ~'" .....~,', ,-. "_,"':" . ~!~ (;ANCEu.ATlONORPlESCHEOULE " CA.KCEUAT\ONIRESCHEC\JLECH~RGE .,., ::,.r "\ ';,-h. ,,.. .~~ '-i~~~~. '~~ !~_: J... HOflCl: RECf.IYEO _., "~, ' . (of equipment UIt plIC" ... ... :rl" ,.-' , ' ~ .; ~ ~~:.~:-:. . IOda.,.toJlda/ltpllorto '! - l..~:-- . < .:,~.' &e!\ed\.l\'K\ O"\'....r, ,~ 0' $400. which.....'. greal'" ....r-: . " , 20 days or iMS crlor to ~,. : ~~..-- ~ Sct'etll,lled C~!'."f)' 10","" or $0400.. "'l'Ilcl"e'-'f la QrNter '.\..I-)s: c.tK:eHallon cfI-.r~s fof racu11tfl;)' SCMcule<! COurset cortdllctlJd at a D:GITAL !acdlty are filly \5Cl1fo1 percent of I,.. COUI'M pric.11 canc.lled fO\.lrt..n fl"} da,. or ~ prior to tn.lCheduled It." dII~ eanc.ttellol\ ..:'._~ charQOJs 1'T'000y also!le 'ncurred as sv8C'!leIJ <n Inti apll"ca01e ~a""'lc8 oa-..;:r,pl'on.n ll1e .....nt 01 customer caneaUallon 01 18f'I'ce. /urn'll'Ie<l untl.r contrxl. _ . . -- >:,;,,~:f- ~ ~ 11. UMfta,l10N OF Ll~!lll1T'f PUAC'rtASEA''3 FllOl-H TO RECovE~ DAMAGES TO PROPERTY CA;JSED 8'1' OIGITAL'S F"Ul T OR NEGLIGENCE SHALL BE LIMITEO TO ONE t1) htlWON DOLLARS. DIGITAL WILL NOT BE '::'" UABLE IN "'~Y ,",VGH FOR ANY DA'04AGES RESULTING P:H)M LOSS OF DATA, PROFITS, USE OF PRODUCTS OR FOR ANY INCIDENTAL OR CONSEQUENTIAL. DAMAGES, EVEN IF ADVISED OF THE POSSIBIUTY OF ..."j... '.., ,."., SUCH DAMAGE HIla Hr1lI1.llon of DIGITAL s liability wmspply reglll'dlen 01 the form 01 action. ....1'1.11'1" in contr"l orton Inch~lng negllgencL /lny actIOn -aalMI DIGITAL. must be brought wltt'lln -'Qht.... (1~"""" .'~, .ii~~ 1;;;' i4 =~;:;;;:a:~~ D~~;: PYoducl. are MJt I~ to be SOfd ~ UOanaed~ 'or ~ control or nucl.., ,..lilt;'" DIGITAL"'y reqlll,. Mktttl~ ~~ --;:~ few otMr nuclNf ~;;.::m; ~ .i1'_ . _lc~ _ r - ,t.. ,_, . - .'~ ~ -.................... -""e- - .....:'.:~~ '".. A cootract will ~ tMndfngOftty when s wflltan .o::eptllf\Ctl of PtlrchUllr"Ofdef laaM'lt to Pun:haaM by DlGITAlIond will be gootem~ by the ta.. of IilaeaaChUMtta. ""- cantrect. tnctudIno the ~ 110ft-. "i'~$~ ..Ptoduct 0Mcr\pl1~'" Jf\d 6ervloa OMcrlp~wtll conaUtut.\M"l~ag~~~be~ I~ p.n~ ~~~....apiIC~~ ~ IUb~t matter ~ ~ ~~ !'-'~ ~ ~~.,.. ~~.. V otner terms Illa c~on, Qtl any ordat aubmltted by Purehaaer :<"'10.- ~ l'--~: + _..,.. Ji.-. -<.-,.: ~ ... _ ~, ..._ _ ~-dt. -J:., ~...~,~ J1t~.;:t ~~ Neitt'...p.artyft.,MStQnIt\a~tractunteea~ty~ .=...... ....- ';.,riJ,;"~ ,~ ,; jt..-"""-io."':'~. '\,.. -~ ~- ~ ,....,... -.r::~~> ~ ~ . , AM rlQhts.,-,d rerlllleDu ~ und" thecontrxt or by ." ottW IMtruIMftt Of t.w eMIt be cumu.tlw and me, N eun:leed alftQVlart)- or oonc~. ,...... Or..... PIttJ-......., oantnGI: ~." ~':Cl-.:,:l()'lSIO::> W1M<:jIUGJ jAT~ -,.,.. CITY OF WHEAT RIDGE - MEMORANDUM To Department Heads From Thomas H. Palmer, City Administrator Subject Micro Policy Date May 9, 1986 Approved Date Attached is an amendment to the microcomputer policy that was sent out recently. The change is specifically in part B.l. THP:ly At t. 9. The City of Wheat Ridge shall adopt policies which include but are not limited to the following areas: a. Hardware configurations b. Operating systems c. Electronic spreadsheets d. Database system e. Word processing systems f. Programming languages g. Printers h. Floppy disk formats i. Graphic systems and software j. Graphic printers k. Portable computers 1. Data communication m. Program generators n. Inquiry languages o. Report writers p. Local area networks. 10. If hardware and/or software is specialized and only one department can use it; then that department must buy that hardware or software. 11. If a department has a microcomputer then they must buy all necessary hardware and software for the microcomputer to communicate with the city's mainframe computer. B. SPECIFIC POLICIES 1. Hardware Configurations The following are approved hardware configuration for use in the City. a. NCR PC 6 b. NCR PC 8 c. IBM PC/XT d. IBM PC/AT Recommended configuration on the above systems are 256 to 640 Kbytes memory 2 floppy disks (640 kbytes) or I floppy disk + 1 hard disk (20 Megabytes) color/monochrome graphics Other Personal computer systems will be evaluated, if the system is considered 100 % compatible; and the systems are price competitive with the above systems. e. For dedicated word processing systems the NCR Worksaver system will be used 2. Operating systems a. CP/M will be the standard for 8-bit CPU's. b. PC-DOS will be the standard for 16-bit CPU'S 3. Floppy Disk Formats a. All microprocessors in the City will use dual sided, dual density soft sectored 5 1/4 inch floppy disks. 4. Modems a. All users in the city will use 300 or 1200 Baud ASCII modems; These maybe auto-dial and/or auto-answer. b. The Hayes Smart Modem is reccommended 5. Electronic Spreadsheets Approved Electronic Spreadsheets are: a. Lotus 123 b. Multiplan 6. Word Processing Systems Approved Word Processing Systems are: a. Wordstar + b. Wordstar 7. Database Systems Approved database systems are: a. Infostar/Datastar b. dBase II / dBase III 8. Printers Any dot-matrix or letter quality printer that works with approved hardware and operating system software is approved. Examples of dot-matrix printer are the Epson MX-80, and Epson MX-132. It is recommended that all printers should be able to handle 132 to 136 column printouts. 9. Programming Languages Approved programming Languages are: a. COBOL-74 b. MBASIC c. GWBASIC (for graphic display uses) 10. Graphic Printers/Plotters Any graphic printer or plotter that works with any approved hardware/software configuration is approved. 11. Portable Computers Approved portable computers are a. KAYPRO 2000 b. Compaq / Compaq Plus Other portable systems will be evaluated if they are considered lOa % PC compatible and are price competitive with the systems above. 12. Communication Protocol a. For purposes of either "uploading" to the mainframe or "downloading" to the microcomputer the following products have been approved: Microlink NCR's Terminal Emulation 13. Local Area Network Local Area Networks will be the file sharer type a. NCR Decision Net b. Ethernet c. 3Com Novel1net 14. Program Generators Approved program generators for use on microcomputers are: a. COGEN for COBOL programs CITY OF WHEAT RIDGE - MEMORANDUM Hay 15, 1986 To: Tom Palmer, City Administrator From: Rick Kirkwood, Economic Development t'1anager~ New Bond Legislation (Senate Bill 160), Foothills Medical Center Bond (PAB-86-1) Single Family Mortgage / On t1arch 17, 1986, the Ci ty Council passed Resolution 977, inducing a $7 million private activIty bond for Foothills Medical Associates to purchase property and construct, equip and furnish a new medical office building. Foothills is now requesting that we proceed with that bond issuance. At the time of the inducement resolution, staff expressed concern over the effect that issuing this bond might have on the City's ability to issue other bonds which could be of substantially greater benefit to the City. On May 8, 1986, Colorado enacted a new allocation system which limits the dollar amount of such bonds which the City may issue. Under this new legislation, the City of Wheat Ridge has an "initial allocation" of bonding authority of approximately $2.1 million under the statewide limit on issuance of such Bonds. This autnority is ours to use by right until June 1, 1986, when it reverts to the "Statewide Balance" if unused. In addition to our "initial allocation", we may apply to the "Statewide Balance" for additional issuance authority, up to $5 million until June 1, up to $7.5 million (total this calendar year), until October 1, on a first-come basis. After October 1, any issuing authority may apply for unlimited additional issuance authority, subject only to the size of the statewide balance. However, the allocation will be at the sole discretion of the Director of the Department of Local Affairs, and not necessarily on a first-come basis. If City Council chooses to proceed with issuance of this bond at this time, we will be restricted to issuance of an additional $2.6 million bond before October 1 for any bond covered under the allocation system. Bonds covered include tax increment revenue bonds, mortgage revenue bonds, multi-family rental bonds, and any bonds in which 10% or more of the proceeds benefit private persons. During the discussions of the Foothills inducement resolution, Maury Fox, attorney for the applicant, offered to wait until mid-October to proceed with issuance of this bond. Given the new state allocation system, uncertainty of pending federal legislation, and potential for other more beneficial projects requiring an allocation before October 1, staff recommends that the allocation of issuance authority for this case not be applied for at this time. Isb . ~ .'Poga!~ . .~dGa 'Ale",! h"::> l;.Cc;.:\c::> : ~e'T"',() , G'C::,.7 1: :', \ ') y.' 0 ") . 'i I,. 'O~~"" '"'1 8-.' -,. .." ': ,'. .10..'C.1'l,~lU:\Cu;tN .,0.<;:) f,o. ;::0':.",\,,1.1':.(::,>0 --..........---- .-' :; ~ ~\ o ~ :r. ~ ~~ ~ t-- ~ .~ :: ~ --: 7' :=.. ~ ~ T. -:. ~ \~ :; ~:t < ~ ~ -~ -- - .~-~--~~' ~ ~-'~ - ~ .- rIJ -:l ~ .' \0'6 ~~ . 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(1) 0;1):>>' "'"''' Wld p"O; gp. -r<l r-' .- ~ ~ ~ \ \ \ \ L ~ \ ~ I \ -' " v> 0 '0 8 \ ~ oj P. - ~ :>>' P. 1..->, \ \ \ \ , I \. i ;;. r-:' -: ;;. .,- .::- ,--'" \. ~,\~ ~ \:J' \ \ \ \ I \ \ 1;;' ~~:~r'" · ,';: .b-:.. ,):"'~ i~~' . ~ ~.j" : i :;; '~; :.:~ .' ~ ; () ':-;' ~,. <., () " - ,:;.~",..." OU o C I-'';:l 0(1) r-' \JJ-' tV' tiN \-" I-' ';:l . ..0. Ull-' - ~ .... 0'" In o I .... \ \ \ , \ , , , \~ \~ , i/ I \ \ \ \ \ , \~ \~ ~ ...t ~\ rn:.! ~. , -' '?'l" ro v> ao 0 ;>:'0 ("I' 8 ao\ .0 o~ .--------- c::t. (J]J \\\ ~ (IJ .- ~ -' '0 8 \ o ,.,' <: f-:' - ~ ~ ,..:l ..- ~.:., ~ ~ '~~~o ? '0"::: n, ': ~.:. '? ::.;. '": .-- " ,~ .' ------ \ ... f# C. -' ~ (fl-' & ("I' .- t:' v> ':;0 -:.. (floo ro 8 V), \ ~ C",O 0 ;:> 0 -~-- .. , ~ -' :: -::: '6 0"'" ., o 8 -- 8~ -... :.... ~' , ~ "~ ; :: , ~ (fl" ",', ~- -' -' ~ v> o 0"" o 8 8 \ :3 .-0 C'" I-' (j, ;:> C",ao o ;:> ~ ~ .- ~ e; , 0 oCP .-or-' '?'l rl \)) 0,....::3 co ' ;;00"" ?; ~~ .--.. ',P"3 :;Z.\ C' "<l J C. .- ~\ c \ -< ;:; o c. -;;:, IJI c: .e: c: IJI (') ~ _ 0 ? r:; ~ -; c. ~ :;S' 0 ("" tJ (':l ::: .;:; ::l ::l = "" c. - t..J -<0 ,-. ~ 0 ,::;r;C --< -;:.: C _ '" <J" S- (? - ;; 0 ~ c if' ::; -' if' :::.:.~ o ~ 0 --< ':..l S- \~ 7:;5" \ .>-':"'t -;::, c.. c:~ _0 a-:- if'''-' '~ ~~ ;:. -" '::-~ '" \ -- CITY OF WHEAT RIDGE - MEMORAN AGENDA ITEM. IS- To City Council From James Malone, City Treasure f,'IAY 1:2 19d6 (~CJn Subject 1985 Annual Audit Date r~ay 7, 1986 Approved Date Attached for your review - the 1985 Annual Audit for the City of Wheat Ridge, Colorado. SUGGESTED MOTION: "I move that the 1985 Annual Audit for the City of Wheat Ridge, submitted by Gruenler and Associates, be approved." "- \) / . I (,\) '---+-.., ~ .\ '\ '. ,~ \ y. '\ \ ..... , ' CITY OF WHEAT RIDGE WHEAT RIDGE, COLORADO COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED DECEMBER 31, 1985 TABLE OF CONTENTS Exhibit Auditors' Report Auditors' opinion on financial statements.................... Auditors' report on compliance............................... Auditors' report on internal accounting and administrative control..................................... General Purpose Financial Statements Combined balance sheet--all fund types and account groups........................................ 1 Combined statement of revenues, expenditures, transfers and changes in fund balances--all governmental fund types and expendable trust funds................. 2 Combined statement of revenues, expenditures, transfers and changes in fund balances--budget (GAAP basis) and actual-general and special revenue fund and capital project fund types........................ 3 Statement of revenues, expenses, and changes in fund balances--police pension fund--trust fund........ 4 Statement of changes in financial position-- Police pension fund--trust fund....................... 5 Notes to financial statements - Supporting Schedules General fund: Comparative balance sheet............................. A-I Statement of revenues, expenditures, transfers and changes in fund balances - budget (GAAP basis) and actual.......................................... A-2 Special revenue funds: Combining balance sheet............................... B-1 Combining statement of revenues, expenditures and changes in fund balances........................ B-2 Comparative balance sheets............................ B-3 Statement of revenues, expenditures, transfers and changes in fund balances--budget (GAAP basis) and actual:.........................................B4-B6 Capital project fund: Balance sheet......................................... C-l Statement of revenues, expenditures, and changes in fund balance..................................... C-2 Fiduciary funds Balance sheet......................................... 0-1 General fixed assets account group: Statement of general fixed assets by sources.......... E-l Schedule of general fixed assets by function and act i v i ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E- 2 Schedule of changes in general fixed assets by function and activity................................. E-3 - = GRUENLER & = ASSOCIATES The Honorable Mayor, Members and City Administrator City of Wheat Ridge, Colorado We have examined the general purpose financial statements of the various funds and account groups of the City of Wheat Ridge, Colorado as of and for the year ending December 31, 1985, as listed in the table of contents. Our examination was made in accordance with generally accepted auditing standards and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. 90 Madison Street Denver, Colorado 80206 (303) 388-4181 of the City Council In our opinion, the financial statements referred to above present fairly the financial position of various funds and account groups of the City of Wheat Ridge, Colorado at December 31, 1985 and the results of its operations and the changes in financial position of its Trust Fund for the period then ended, in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. Our examination was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The accompanying financial information listed in the supporting sChedules in the table of contents is presented for purposes of additional analysis and is not a required part of the general purpose financial statements of the City of Wheat Ridge, Colorado. The information has been subjected to the same auditing procedures applied in the examination of the general purpose financial statements and, in our opinion, is fairly stated in all material respects in relation to the general purpose financial statements taken as a whole. In connection with our examination, we also (1) performed tests of compliance with the Revenue Sharing Act and regulations as detailed in the Conunentary on the Audit Requirements of the 1983 Amendments to the State and Local Fiscal Assistance Act issued by the Office of Revenue Sharing, U.S. Department of the Treasury, and (2) compared the data on The Colorado City and Town Supplemental Statement with the audited records of the City of Wheat Ridge, Colorado. In our opinion, for the items tested, the City of Wheat Ridge, Colorado complied with the aforementioned provisions of the Revenue Sharing Act and Regulations. Further, based on our examination and the procedures referred to above, nothing came to our attention to indicate that the City of Wheat Ridge, Colorado had not complied with the aforementioned provisions of the Revenue Sharing Act and Regulationsn March 28, 1986 ^.... I ~ (\ \_ "I I \"UoA~ UJ:>DoU6-~1 ~~ "-' Certified Public Accountants Members of American Institute of Certified Public Accountq.nts Colorado Society of Certified Public Accounts Governmental Finance Officers Association = GRUENLER & = ASSOCIATES 90 Madison Street Denver Colorado 80206 (303) 388-4181 AUDITORS' REPORT ON COMPLIANCE The Honorable Mayor, Members of the City Council and City Administrator City of Wheat Ridge, Colorado We have examined the general purpose financial statements of the City of Wheat Ridge, Colorado as and for the period ended December 31, 1985 as listed in the foregoing table of contents, and we have issued our report thereon dated March 28, 1986. Our examination was made in accordance with generally accepted auditing standards; the provisions of Standards for Audits of Governmental Organizations, Programs, Activities and Functions promulgated by the U.S. Comptroller General, as they pertain to financial and compliance audits; the provisions of the Office of Management and Budget's (OMB) Compliance Supplement for single Audits of Grants to State and Local Governments (the compliance supplement) ; and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. Based on our examination, we found that, for the items tested, the City of Wheat Ridge, Colorado complied with the mater ial terms and condi tions of the Federal award agreements. Further, based on our examination and the procedures referred to above, nothing came to our attention to indicate that the City of Wheat Ridge, Colorado had not complied with the significant compliance terms and conditions of the awards referred to above. This report is intended solely for the use of management, the Colorado Department of Education, the Colorado State Auditor's Office, and the cognizant Federal audit agency and should not be used for any other purpose. March 28, 1986 b~V\.~ c: ~oc,~~ ( Certified Public Accountants Members of American Institute of Certified Public Accountants Colorado Society of Certified Public Accounts Governmental Finance Officers Association = GRUENLER & = ASSOCIATES 90 Madison Street Denver, Colorado 80206 (303) 388-4181 AUDITORS' REPORT ON INTERNAL ACCOUNTING AND ADMINISTRATIVE CONTROL The Honorable Mayor, Members of the City Council and City Administrator City of Wheat Ridge, Colorado We have examined the general purpose financial statements of the City of Wheat Ridge as and for the period ended December 31, 1985, as listed in the foregoing table of contents, and have issued our report thereon dated March 7, 1985. As part of our examination, we made a study and evaluation of the City's system of internal accounting control and system of administrative control over compliance with federal laws and regulations to the extent we considered necessary to evaluate the systems as required by generally accepted auditing standards and the standards for financial and compliance audits contained in the U.S. General Accounting Office, Standards for Audits of Governmental Organizations, Programs, Activities and Functions, and the Single Audit Act of 1984 (Pub. L. No. 98-502). For purposes of this report, we reviewed the following categories: o Receivables o Cash receipts o Accounts payable o Cash disbursements o Payroll o Purchasing o Property and equipment o General ledger Our study included all of the control categories listed above. The purpose of our study and evaluation was to determine the nature, timing, and extent of the auditing procedures necessary for expressing an opinion on the system of internal accounting control and administrative control taken as a whole or on any of the categories of controls identified above. The City of Wheat Ridge, Colorado management is responsible for establishing and maintaining a system of internal accounting control and administrative control. In fulfilling this responsibility, estimates and judgements by management are required to assess the expected benefits and related costs of control procedures. The objectives of a system are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposi tion, and that transactions are executed in accordance wi th management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of the inherent limitations in any system of internal accounting control and administrative control, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the system to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the degree of compliance with the procedures may deteriorate. Certified Public Accountants Members of American Institute of Certified Public Accountants Colorado Society of Certified Public Accounts Governmental Finance Officers Association Our study and evaluation was made for the limited purpose described in the first paragraph would not necessarily disclose all mater ial weaknesses in the system. Accordingly, we do not express an opinion on the system of internal accounting control or administrative control of the City of Wheat Ridge, Colorado, taken as a whole or on any of the categories of controls identified in the first paragraph. However, our study and evaluation disclosed no conditions that we believe result in more than a relatively low risk that errors or irregularities in amounts that would be material in relation to the financial statements of the City of Wheat Ridge, Colorado, may occur and not be detected within a timely period. This repor t is intended solely for the use of management, the Colorado Department of Education, the Colorado State Auditor's Office and the cognizant Federal audit agency and should not be used for any other purpose. March 28, 1986 ^ <: f\ \ ~ ~(WJ.",\2,... UDOi>c.'t\.~ .~. ( -' COMBINED FINANCIAL STATEMENTS The combined financial statements provide a financial overview of the City's operations. These statements present the combined financial positi.on and operating results of all Funds and account groups as and for the period ending December 31, 1985. li' nU~ ~ d h?~~~~ tIl~ ..... 8. tIl tn tn t'1.... .S ~. "1~'''<T<<[i~ g.::;:~~~. g H U~!J ::: <T B. ... '" @ ~.~ il~,..., 00.,,", rT~ rt"rto. ,",,",;l ~'l.ia'a'B.~ S' '8 gj [8.& inN "'i i ~~~'f t ~.~ e~,q 'fJ ~,lil ~ ~ N In ~ <T ~ <T ,,~ .. " '" N In w ~ " ~, oil i3 <T .. 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"" -..J '" W '" " '" N I I I I I II I ~ IUH ~~i ~j~1 ~II ~f(j~~ 0 ~, ~~u: ~Ii~ ! !~~~ p U~I ~ ";m I ~ ~ ~ ~ <>> <>> ~ i!' Ii ~ '" [ ~!oo ~B. m ~ I! I ~ g Il ill ~" ~;~ mB. "m H I<' '" ~, g " w Exhibit 4 CITY OF WHEAT RIDGE, COLORADO STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND BALANCES POLICE PENSION FUND - TRUST FUND DECEMBER 31, 1985 OPERATING REVENUES Contributions (Note 3): City Employees - mandatory Employees - voluntary Interest Capital gains (losses) Total operating revenues OPERATING EXPENSES withdrawals by participants Trustee administrative charges Total operating expenses NET INCOME FUND BALANCE, BEGINNING OF YEAR FUND BALANCE, END OF YEAR 1985 1984 $ 146,705 $ 140,954 146,705 140,954 26,658 28,921 320,068 310,829 389,518 330,483 3,143 (28) 712,729 641,284 187,334 278,625 17,202 16,043 204,536 294,668 508,193 346,616 2,458,711 2,112,095 $2,966,904 $2,458,711 See accompanying notes to financial statements. Exhibit 5 CITY OF WHEAT RIDGE, COLORADO STATEMENT OF CHANGES IN FINANCIAL POSITION POLICE PENSION FUND - TRUST FUND DECEMBER 31, 1985 1985 1984 SOURCES OF FUNDS Net income $ 508,193 $ 346,616 MONEY PURCHASE PLAN, BEGINNING OF YEAR 2,458,711 2,112,095 MONEY PURCHASE PLAN, END OF YEAR $2,966,904 $2,458,711 See accompanying notes to financial statements. CITY OF WHEAT RIDGE, COLORADO NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1985 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting policies of the City of Wheat Ridge (Hereafter called the City) conform to generally ac- cepted accounting principles as applicable to govern- ments. The following is a summary of the more signifi- cant policies: A. FUND ACCOUNTING The accounts of the City are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The opera- tions of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures, or expenses, as appropriate. Govern- ment resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The various funds are grouped, in the financial statements in this report into three generic fund types as follows: Governmental Fund Types General Fund The General Fund is the operating fund of the City. It is used to account for all finan- cial resources except those required to be ac- counted for in another fund. Council Resolution 757 authorized on December 21, 1981, the establishment of a Police Department Bond Trust. Under this program (fund) the City would collect cash bonds from individuals arrested in the City and being held on warrants issued by other governmental units. The bond trust is a statewide program. The activities of this fund are currently included in the general fund due to the limited size and number of transactions. The fund had a cash balance of $1,208 at December 31, 1985. Special Revenue Funds Special Revenue Funds are used to for the proceeds of specific revenue (other than expendable trusts, or major projects) that are legally restricted to account sources capital expen- CITY OF WHEAT RIDGE NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) expenditures for specified purposes. Revenue Funds of the City include: Special Building Demolition Fund The Building Demolition Fund was estab- lished, during 1981, as a revolving fund. Structures are demolished at city expense, the property owner is then billed for the cost of demolition. Capital Improvement Fund The Capital Improvement Fund (formerly Sales Tax Improvement Fund) was established to account for funds received as a result of a one percent increase in the City I S sales tax. The expendi tures of this fund are to be used for capital expenditures as approved by City Council. Federal Revenue Sharing Fund The Federal Revenue Sharing Fund was established to account for those funds re- ceived through the "State and Local Fiscal Assistance Act of 1972, as amended." This Act provides funds to units of local govern- ments to be used for ordinary and necessary maintenance, operating expenses, and capital expenditures authorized by law. The Act also specifies certain restrictions and procedural requirements. Park Acquisition Fund The Park Acquisition Fund was estab- lished to account for funds received and designated for use in the acquisition of additional parklands and improvements. Senior Center Fund The Senior Center Fund was established during 1981 to account for contributions made to the Senior Center. The expenditures of this fund are used to support activities of the Wheat Ridge Community Center. Urban Renewal Fund The Urban Renewal Author i ty was estab- lished during 1981, with seed money from the City of Wheat Ridge, to be responsible for and seek to accomplish the redevelopment and CITY OF WHEAT RIDGE NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) rehabilitation of blighted areas. Revenue is currently being received from a one per- cent sales tax levied on residents living within the authority boundaries and from interest on invested funds. Future revenue may come from bond issues or other sources. Capital Projects Fund Capi tal Projects funds are used to ac- count for the financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds, Special As- sessment Funds and Trust Funds). During 1984, the City agreed to administer a Com- munity Development Block Grant for the Southeast Wheat Ridge Water Association. This fund was created in 1985 to accomplish this purpose. Fiduciary Fund Types Trust and Agency Funds Trust and Agency Funds are used to account for assets held by the City in a trustee capacity or as an agent. These funds include a Pension Trust, an Expendable Trust, and two Agency Funds. Pension Trust Funds are accounted for in essentially the same manner as proprie- tary funds since capital maintenance is criti- cal. Expendable Trust Funds are accounted for in essentially the same manner as governmental funds. Agency Funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. Trust and Agency Funds of the City include the following: Police Pension Fund The Police Pension Fund, a trust fund, was established to account for funds received from participants and the City I S General Fund. The funds are held in trust for disbursement to qualified participants upon leaving the plan or upon qualified retirement. CITY OF WHEAT RIDGE NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) Conservation Trust Fund The Conservation Trust Fund, an expend- able trust fund, was established to account for funds received and restricted for use in the acquisition, development and maintenance of new conservation sites pursuant to Chap- ter 138-1-98 of the Revised Statutes of the State of Colorado. Public Works Escrow Fund The Public Works Escrow Fund, an agency fund, was established to account for funds received as financial guarantees prior to the issuance of certain authorized construc- tion permits. Upon completion of all re- quired work under the permits, the funds are refunded. CATV Property Damage Fund The CATV (cable television) Property Damage Fund, an agency fund, was established to account for funds received from the cable television permittee for settlement of minor unresolved claims against the permittee for damage to private property. The permittee is required to restore city paid settlements within fourteen days after notification. B. FIXED ASSET AND LONG-TERM LIABILITIES Fixed assets used in governmental fund type operations are accounted for in the General Fixed Asset Group of Accounts, rather than governmental funds. No depreciation has been provided for on general fixed assets. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Contributed fixed assets are valued at their estimated fair value on the date of gift. Generally, the City capitalizes acquisitions whose life exceeds one year and whose value exceeds $200. Land improvements transferred to the City from Jefferson County in 1969, had been recorded at the County's historical cost until 1977, at which time CITY OF WHEAT RIDGE NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) the City elected to discontinue recording the cost of land improvements. The Jefferson County Open Space Program acquires land for public enjoyment (e.g., parks, playgrounds, lakes, etc.) and then donates the land to the City for use as public land. The land is recorded at the cost of land to the Open Space Program. Long term liabilities expected to from governmental funds are accounted General Long-Term Debt Account Group, governmental funds. be financed for in the not in the The two account groups are not II funds ". They are concerned only with the measurement of financial position. They are not involved with measurement of results of operations. C. BASIS OF ACCOUNTING Basis of accounting refers to when revenues and expenditures or expenses are recognized in the ac- counts and reported in the financial statements. The General, Special Revenue, and Expendable Trust funds are accounted for using the modified accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Expenditures are generally recognized under the modified accrual basis. Rev- enue is recognized in the accounting period in which it becomes available and measurable. Expenditures are recognized in the accounting period in which the fund liability is incurred. Trust and Agency Funds are used to account for assets held by the City in a trustee capacity. The Pension Trust Fund is accounted for using the ac- crual basis of accounting. D. BUDGETS The individual and combined statements of Rev- enues, Expendi tures, and Changes in Fund Balance- Budget (GAAP Basis) and Actual for the General, Special Revenue and Expendable Trust Funds present comparisons of the legally adopted budget with actual data on the (Non-GAAP Basis) budgetary basis CITY OF WHEAT RIDGE NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) which excludes encumbrances, as required by GAAP (Generally Accepted Accounting Principles); expendi- tures are only recorded when the liability is incur- red. Budgetary appropriations lapse at the end of each calendar year. Appropriations are controlled and the budget is only amended in conformity with Colorado Revised Statutes. The City Charter requires a balanced budget. Expendi tures in excess of appropr ia tions may violate Colorado State Statutes and must be reported to the State Auditor (C.R.S. 24-1-607). Budgeted amounts are as originally adopted or as amended by City Council. Individual amendments were not material in relation to the original appropria- tions. The City follows these procedures in establish- ing the budgetary data reflected in the financial statements: - 1. Prior to September 1, the City Adminstrator submits to the City Council a proposed oper- ating budget for the fiscal year commencing the following January 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are held at City Council meetings to obtain taxpayer input. 3. Prior to November 1, the budget is legally enacted through passage of a resolution. 4. The City Administrator is authorized to transfer budgeted amounts wi thin a depart- ment within any fund; any revisions that changes the total expenditures of any fund must be approved by City Council. 5. In addition to the operating budget, a five- year Capital Improvement Program is proposed by the City Administrator and adopted by City Council. This program identifies pro- jected expenditures and anticipated revenue by fund source. The Capital Improvement Program is revised and extended CITY OF WHEAT RIDGE NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) annually. The City Council adopts the pro- gram as a planning document but does not appropriate the mUlti-year expenditures. Annual installments to the identified projects are appropriated in the annual operating budget or by supplemental appro- priations. 6. Budgets for the General, Special Revenue and Fiduciary Funds are adopted on a basis not consistant with generally accepted account- ing principles. The adopted budgets include encumbrances recorded in prior years and not completed. 7. Budgetary figures in this financial report are as originally adopted or as amended by the City Council. E. ENCUMBRANCES - Encumbrance accounting, under which purchase orders and other commitments related to unperformed (executory) contracts for goods or services, are recorded for budgetary control purposes in the Gen- eral and Special Revenue funds. Encumbrances out- standing at year-end are reported as reservations of fund balances since they do not constitute expendi- tures or liabilities. Encumbrances do not lapse at year-end for budgetary purposes (non-GAAP) and be- come part of the following year's appropriations. F. ACCRUED PAYROLL BENEFITS City employees earn vacation leave which may be either taken or accumulated, up to a maximum amount, until paid upon termination or retirement. Unused sick leave, in excess of 480 hours, may be converted to annual leave or cash, on an annual basis, retire- ment, or termination, at half its value. Police accumulate holiday pay for hours worked on holidays. G. DEFERRED REVENUES - PROPERTY TAXES Property taxes are levied on December 31 of each year and attach as an enforceable lien on property as of January 1. Taxes are due as of January 1 of the following year and are payable in full by July 31 if paid in installments, or April 15 with a CITY OF WHEAT RIDGE NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) single payment. Taxes are delinquent as of August 1. If taxes are not paid within subsequent statu- tory periods, the property will be sold at public auction. It is the policy of the City to record the property tax receivables in the year in which the taxes are levied and to recognize the property tax revenues in the year in which the lien attaches on the property. All material property taxes levied as of December 13, 1984 were collected as of December 31, 1985, accordingly no provision for uncollected taxes has been made. H. TOTAL COLUMNS ON COMBINING AND COMBINED STATEMENTS Total Columns on the Combined Statements Overview are captioned Memorandum only to indicate that they are only presented to facilitate financial analysis. Data in these columns do not present financial positions in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation, interfund elimi- nations have not been made in the aggregation of this data, excepting the City payment to the Capital Project Fund (Wheat Ridge Southeast Water District) in the amount of $50,000. I. REPORTING ENTITY The following units of local governments levy property taxes within the City: Jefferson County Jefferson County School District R-I Urban Drainage and Flood Control District Wheat Ridge Fire District Wheat Ridge Water District Wheat Ridge Sanitation District Valley Water District Consolidated Mutual Water District Edgewater City Water District North Ridge Metro Water District Mary Lou Water Association Fruit Dale Sanitation District Westridge Sanitation District Northwest Lakewood Sanitation District Bel-Aire Sanitation District Clear Creek Sanitation District CITY OF WHEAT RIDGE NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) None of the above constitutes a "Reporting Entity" that should be included in the audit of the City as defined by GASa (Governmental Accounting and Financial Reporting Standards), Section 2100. 2. RESTRICTED ASSETS-CASH General Fund cash of $100,000 has been restricted by City Council for emergency situations affecting the lives and property of the City's citizens. Expenditures must be approved in advance by the City Council, or in situations where members of City Council cannot be con- tacted, the Mayor and the City Administrator can approve expenditures, provided a subsequent report is made at the next City Council meeting. 3. PENSION PLANS Police are covered by a defined contribution money purchase plan. Participants contribute 10% of their compensation which the City matches; however, under certain conditions, participants may contribute up to 15%. During 1985, the participants and the City each contributed $146,705 to the Plan. All other City employees participate in the Colorado County Officials and Employees Retirement Association Retirement Plan, a defined contribution plan. The par- ticipants are required to contribute 4% (and can volun- tarily contribute up to 10%) of their compensation; the City contributes 4% of the employees' compensation. The City contributed $71,174 for the year ended December 31, 1985. The City has no liability under the Plan other than the matching payment. 4. COMMITMENTS AND CONTINGENCIES As of December 31, 1985, there are certain claims, suits and complaints arising in the ordinary course of operations that have been filed or are pending against the City. Although the outcome of such suits and claims cannot be predicted with certainty, the City believes that adequate insurance coverage exists and that the final settlements of these matters will not materially adversely affect the financial statements of the City. CITY OF WHEAT RIDGE NOTES TO FINANCIAL STATEMENTS 5. LONG-TERM DEBT - A. Capital Lease The City is obligated for leases which have been capi- talized. The leases are subject to the appropriation of funds by the City. In addition, one of the leases con- tains provisions for a scheduled early purchase option. Following is a schedule by year of future minimum payments under the capital leases, together with the present value, calculated at the City's incremental borrowing rate at the inception of the lease. The future minimum lease obliga- tions are as follows: - 1986 1987 1988 $33,348 17,877 1,707 . Total minimum lease payments LESS: Interest $52,932 (4,438) . Present value of minimum lease payments $48,494 .. B. Accrued Payroll Benefits As of December 31, 1985, accrued sick pay of $13,606 was recorded as a current liabili ty of the General Fund. Based upon prior experience, this amount will normally be liqui- dated with expendable available resources. .. . As of December 31, 1985, accrued annual and accrued holiday pay of $26,181 were General Long-Term Debt Group of Accounts. leave of $183,247 recorded in the . l C. Schedule of Changes in General Long-Term Debt Compensated Leases Absenses Total , Balance, end of year $57,065 17,240 (25,811) $48,494 $192,628 16,800 $249,693 34,040 (25,811) l Balance, beginning of year Addi tions Deletions $209,428 $257,922 l ~ '" 0 l" ~ c: ~ ... ~ Z III " '" to to ,g,glll ~~~~~gfi~ ~.~:?g~~~~ ~ > '" ,,"... f{'B. ~ g g: ~ g H tIl('t:;1PJrtO>:~ '" H I1I1H 1"1 rt{ll ....I-'.C 1"1 ~ O(l)ror-,C!l{tl(tltf} > " 0 ~ ~ Z (I) 1"1 CIl Ul t1 :s Cll Z .." t1.~.= ~llIno~.~~ ~" ,,'" '" 0 ""'" t-'U1Il1U1Qro '" '" " '" :>:>0 ::J-t'LQrt t/) ~ "." "'" ~ en :> "'''' '" III 0.0 1lI'<.1O :> "''''''' "'- Z o 1"1 t"h 0 " o H ~ ....'" "."." u:l H '" 11I 0. <: 0 t"h1"1::S:J ~ '" "." " " C(I)CIlrt"lfIro " 0 a'" '" "'" ~~en \il 3' ...,0 "'''H 3' '" Hlo" " " .... :>:>0 "'H " " HlC'D ::1'0 H " 0 "'loCl " 0 ". ...'" ~a ". CD 1"1 rtltl 0 Z " .... ::::!!l H " ~ ".~ o " ~ """<Dlt1 ... Z " """ ~ ...'". "''' .... ('t ....1-' a H gg H" '" "lo 0..., a". 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O......-J .c::..ONO\O'OGO ~ N OW .... -JI.OO\Q'\W tv !.oJ 1-'1.0 N ob. 0\ .... 00 N ol>oJ-'-.llJ'l-..J -..JO'INI.nWCON SPECIAL REVENUE FUNDS Capital Improvement Fund The Capital Improvement Fund (formerly Sales Tax Improvement Fund) was established to account for funds received as a result of a one-percent increase in the City's sales tax. The expendi- tures of this fund are to be used for capi tal expendi tures as approved by City Council. Revenues and expenditures of the Jefferson County Open Space Program are included in this fund. Federal Revenue Sharing Fund The Federal Revenue Sharing Fund was established to account for those funds received through the "State and Local Fiscal Assistance Act of 1972, as amended." This act provides funds to units of local governments to be used for ordinary and necessary maintenance, operating expenses, and capital expenditures auth- orized by law. The Act also specifies certain restrictions and procedural requirements. Urban Renewal Fund The Urban Renewal Authority was established during 1981, with seed money from the City of Wheat Ridge to be responsible for and seek to accomplish the redevelopment and rehabilitation of blighted areas. Revenue is currently being received from a one percent sales tax levied on residents living wi thin the authority boundary and from interest on invested funds. Revenue may come from bond issues or other sources. - Park Acquisition Funds The Park Acquisition Fund was established to account for funds received and designated for use in the acquisition of additional parklands and improvements. Senior Center Fund The Senior Center Fund was established, during 1981, to account for contributions made to the Senior Center. The ex- pendi tures of this fund are used to support activities of the center. Building Demolition Fund The Building Demolition Fund was established, during 1981, as a revolving fund. 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I~ ~i Ii g 7 ~ t~ t~ ~ e 7 II ~ ~, f-' I I t ~ ~~ ~ i ~ I~ ,t ~~~ I ij~ '" f ~f-' ~t;: ~~ 7 Ih a ~ ~ h:ffl ~ !.oJ ..... ... 0)0\ ~ ~~ ~~ I ~I I~ ~ ~ d H Q ~ ~ ti 17 t ~ m ~ f-' '" '" '" '" '" .... OJ N a ~~ ~ I~ ~ ~ Ii ~i ; ~;t~ i I~ i::l '" '" '" '" co '" '" I~ I rfl ~~ ~~~I t1 ~ bI ~@~ ~ g p; ~ ~ ~ ~ i g ~, 2 ~ ~ I~: ~ I ~... I ~ I~ '" U1 \00'\ E [ -.J o'\t--' ,:.... o 00 i\' II ~' ~ ~~o I '" 1&2[ ~ ~ tj ~u; ~ ~ o 0 09 1'1 '" Ii\' rt'f-' I I ~ ~ ~ ~ ....."'" N N >l ~ ~ I ; ;id " ~ t:i 11 '" ~ ~~e~~ ~ !lU;~ I ~~iil J ~; H?J 8 ~~~- ~ ~ r!1 I! CAPITAL PROJECT FUND Water System Repair The City of Wheat Ridge agreed to administer the funds needed to repair and replace water lines for the Southeast Wheat Ridge Water Association (The Association). The Association is exempt from the requirement to have an independent audit as required by Colorado State Statutes. The association is not a "reporting entity" of the city as defined by the Governmental Accounting And Financial Reporting Standards. The Colorado Department of Local Affairs is requiring inclusion of this project in the financial statements of the city to meet the requirements of OMS Circular A-128 as a portion of the funding came from a community development block grant in the amount of $268,000. Additional funding amounting to $98,829 came from the City, The Wheat Ridge Water District, and the Wheat Ridge Fire Protection District. Upon completion of the project the Southeast Wheat Ridge Water District will merge into The Wheat Ridge Water District. As of December 31, 1985, the project was completed. C-l CITY OF WHEAT RIDGE, COLORADO CAPITAL PROJECT FUND BALANCE SHEET DECEMBER 31, 1985 ASSETS Cash Accounts receivable: Miscellaneous $ 16,007 $ 13,400 29,407 TOTAL LIABILITIES AND FUND EQUITY LIABILITIES Accounts payable Due to state - interest Total Liabilities 29,233 174 29,407 - - FUND EQUITY Fund balance: TOTAL $ 29,407 - - - C-2 CITY OF WHEAT RIDGE, COLORADO CAPITAL PROJECT FUND FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE DECEMBER 31, 1985 (Including Community Development Block Grant, State of Colorado Contract Number C854438) REVENUES State of Colorado (CDBG) City of Wheat Ridge Other local government Interest Total Revenues $ 254,600 50,000 57,192 2,935 364,727 EXPENDITURES Capital acquisitions 364,727 EXCESS OF REVENUES OVER EXPENDITURES FUND BALANCE, BEGINNING OF YEAR FUND BALANCE, END OF YEAR FIDUCIARY FUNDS Police Trust Fund The Police Pension Fund was established to account for funds received from participants and the City's General Fund. The funds are held in trust for disbursement to qualified parti- cipants upon leaving the plan or upon qualified retirement. Expendable Trust Funds The Conservation Trust Fund was established to account for funds received and restricted for use in the acquisition, development and maintenance of new conservation sites pursuant to Chapter 138-1-09 of the Revised Statutes of the State of Colorado. Agency Funds The Public Works Escrow Fund was established to account for funds received as financial guarantees prior to the issuance of certain authorized construction permits. Upon completion of all required work under the permits, the funds are refunded. The CATV (cable television) Property Damage Fund was established to account for funds received from the cable television permittee for settlement of minor unresolved claims against the permittee for damage to private property. The permittee is required to restore city paid settlements within fourteen days after notification. '" .... 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E-l CITY OF WHEAT RIDGE, COLORADO STATEMENT OF GENERAL FIXED ASSETS BY SOURCE DECEMBER 31, 1985 GENERAL FIXED ASSETS Land Buildings Improvements Streets Equipment TOTAL $ 2,290,890 3,011,262 529,569 8,106,465 2,806,849 $16,745,035 INVESTMENT IN GENERAL FIXED ASSETS: Assets contributed to the City Cost acquired by various funds TOTAL $10,156,579 6,588,456 $16,745,035 '0 '0 '0 n ~ c c ~ ~1-:I::j'tHtI:t"t-l U1!-300t<j:x:-0' nOtn't:lO' ()tJj~()):>I()S:8()= "'Oc.troo.~ O"H rt::S 0.1-' "".'0 C 0 I-' o C C 1-'.(1" ....", H I-'.m :1 ,., H (1 3 trl o AI H l.O a ..... <: ro"O t-'l-" 9 .....::s r1' rt rt'<; CD rt H l.C en :;.;- H t-'. 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'" I _ WlJ1~-.,J H'I 0. l-'- '" 00 ... 0'" 0 f-" f-" ,. 0 '" 0 '" "'00 ... G'dn.c:..4:> '" '" " ~ ... 0 '" "'0 0 -..JlJ1Ul-..J '" N 00 00 '" ~ ~ ~ . ~ ~ . ~ ~ . ~ ... 0 f-"N '" N '" wow '" N f-" ... f-" ~I~ W\Ot-'CD I-' O\\ON 0"'''' 00 N N N N'" /Do. 00\0 0\ N--.J I-'WO'l 0\ 0 ....,Jw.c:..o -.JO\\DO cx:lt-q,c tv .. " \DV1V1UlW WQ)ONo\ O'II-'I.'H,o OWO\t-'NWO\I-'O'l \D\OOo(:>.....,J l-'wo"""",,, \0 0 t-' tv o(:>.\D-.!0(:>...... NCOcr,W ~-..JOI--'N O'\cr,oooo~ 00001--'0 -..Jcr,OO'\I--'cr.OUl-..J IZ AGENDA ITEM.. ~ CITY OF WHEAT RIDGE - MEMORANDUM Rich Bredt, Director ~ .Ll.PR 28 198E r Parks & Recreation Tom Palmer, City To John Hayes, City Acquisition at Subject Status Report Administrator Attorney From 38th & Owens Date April 23, 1986 Approved Date On April 17, 1986, I delivered a copy of the land appraisal prepared by Glen Johnson and Associates, to the office of Mr. Gene Celano. He copied the appraisal and sent a copy to each of the two out-of-state partners. On April 22, 1986, I met with Mr. Celano and he informed me that the appraisal price of $155,000 was acceptable to all of the owners with the condition that we close on the property in thirty (30) days. During a discussion Monday evening between the City Attorney and myself, the subject of the rezoning on this parcel came up and it was suggested that Mr. Celano, as the property owner, dispense with the rezoning request, made by Bailey Construction Company on this parcel. Regarding this rezoning matter, Mr. Celano stated that if the City would include earnest money in the sum of $15,000 with the contracts for purchase, he would dispense with the rezoning application prior to closing. On the other hand, should the City simply wish to purchase the property at closing for $155,000 he would not dispense with the rezoning application until after the closing. In order to proceed, we need to place a budget transfer resolution on the City Council agenda for April 28, 1986, in the amount of $155,000. RB/pm k I -- , /vL \;\) r-' J r I I L C !;'\ I" , ,- \ / iI .~ lJ \;\Jc/V) r'_ /" I C 'J ':J I , ,:;' (:, .j~~:. \,. . i ,.., . I , '"/ t-- 1ii ~.. oj ~.. >l 't .... , ~ ~ . # ~ ......""".,r", ~.--- ,. t\ ~ ,.; .1 ~~ KEY I, INC. 3200 Wadsworth Blvd, Wheat Ridge, Colorado 80033 (303) 232-3200 April 23, 1986 City of Wheat Ridge 7500 W. 29th Wheat Ridge, CO 80033 ATTN: Richard Bredt-Director of Parks and Recreation Dear Mr. Bredt: This letter is written to reconfirm our position regarding the sale of a certain parcel of gournd at the S.E. quadrant of 38th and Parfet. We will 1) 2) 3) accept an offer of $155,000 cash if: We can close by May 23, 1986 The contract to purchase has no escape contingencies for the purchaser The offer is accompanied by at least $15,500 non-refundable earnest money We can establish no financial or other contractural obligations with David iley Construction Company on a previous contract. 4) Each Office Is Independently Owned And Operated RESOLUTION NO. 986 Series of 1986 TITLE: RESOLUTION TRANSFERRING FUNDS FOR THE PURCHASE OF PARK LAND LOCATED AT WEST 38TH AVENUE BETWEEN OWENS AND P ARFET STREETS. WHEREAS, the City of Wheat Ridge, Colorado wishes to purchase parkland located at West 38th Avenue between Owens and Parfet Streets and, WHEREAS, the purchase of such park land requires a transfer of funds between General Fund accounts and, WHEREAS, the City is sending a Request for Reimbursement to the Jefferson County Board of County Commissioners for reimbursement from the Wheat Ridge attributable share account of Open Space Funds, NOW, THEREFORE, BE IT RESOLVED, that the required transfers be approved as follows: TRANSFER FROM AMOUNT TRANSFER TO AMOUNT General Fund Unallocated 01-607-795 General Fund Parks Admin. (Land Acquisition) 01-601-888 $155,000 $155,000 BE IT FURTHER RESOLVED that none of the changes above shall be construed to change the total appropriation as filed with the Division of Local Government. DONE AND RESOLVED this 1986, by a vote of _____ to day of Frank Stites, Mayor ATTEST: Wanda Sang, City Clerk n Ii" P " 'I I, I' I' II II I 1 'i :1 'I I! 'i II "-=_.__C:::,:==-====n.co '::'-C_:::-C:::.:__.=-- -=--==----==----,1 " T..'rl.I..p.rtl....'IIII.f.~.ppr.....dbJ'th. C.I"nd. R..l E,tltlP C."....I..I." CSC 21_2_'1) I I, VACANT LAND II CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) I November 4 1t.J!L i I_ Th....,.e...llr"ed ....10' h.nb,.~kno.l.dll''' hnl".reeeludfr.ftI The David E. Bat lev Construct ion Comoanv I! and/or assi~ns th.....".oU 1,000.00 ,Inth.r.,mor a oersonal ,I check ,tob.heldll)' Century 21 Key 1. Inc. . 'I .r....r. in b,.ke,', ...row or trult.. '..OUI\', .. ..rn.., ...on., and plrt p.y...e..t t., the followl". a.urlbe. r..l e"a'. In the i Count,., Jefferson ,Colondo,t.wlt; III SE Corner W. 38th and parfet Streets, Wheatridge, Colorado I, , ;1 :1 1\ Ii II I h.,.by,....'pt.d'.r: II II II 'i i. , " " II I' " TMJS IS A lUllINSTIUMENT. IF NOT UNOUSTooa, Uw., TAl 01 DTHU COUNSEL SHOULD IE CDNSUUED IUOIE SIUINI_ The north 175 feet of the west 279.64 feet of the east 306.64 feet of Tract 15, Brookside, except that portion described in instrument to County of Jefferson recorded in Book 886 at Page 340. li I' Ii " I, Ii lOIl.lhlr with .1I....m.nh .nd ftllhh of ..y appurt.n.nt th.nto,,wllmpro...m.nta th.non .nd aU flxluna of a perm.n.nt n.t..n ~"H.ntl,.n the ;: pr.m;... ..upt a. h.nin.ft.r proYld.d, Ln th.ir pr...nl~onditlon, ordin.r, ...r .nd t.ar..upt.d,.nd h.ninalter.:aU.d the Prop.rty. :' 2. Subj.dtothepro.."ionaofpu.lIl'raphl",lh.und.nLlln.d!lt~ The David E. Bailey ConstrtlC':rion !i Company and/or assigns (..jotntt.n.nt"t.n.nhlnn"'monl.her.inafter~.ll.d Purth.'.r_ h..reby acnn 10 buy Ihe Pro pert" .nd the ..nd.nlcned ownerh). hereln.n.r ...lIed S.U.r, h.nb, .cr.... 10 ull the Prop..rty upon the Il term'and~ondition..t.t.dh.nin. 3. Th.pur.:h...prlu.h.lIb.U.S.I 140,000.00 p.y.bl... folio..:' 1,000.00 ,i " " Forty-nine thousand ($49,000.00) plus customary closing costs to be paid in cash or certified funds at closing. Purchaser to execute a note secured by a first deed of trust on the subject property, in favor of the Sellers, for the balance of $90,000.00, amortized over ten years at 10-3/4% interest with the purchaser making monthly principal and interest payments to the Sellers in the amount of $l,227.ll. Purchaser may elect to pay in advance any and all principal balance without notice and without penalty. In the event of prepayment, outstanding principal balance payments will be amortized for the remaining ten years at 10-3/4% interest rate. Ii " II :1 ii ii 'i 'I ii II ji ,I 'i :! -I. Pf;Uto indud.: an easement and improvement survey certified to date. il and th.. rollowlncw.I.nichtl: any and all water and sewer taps and water rights owned by ;1 Seller with respect to subject property, (SE corner W. 38th &: Parfet Streets) Wheatridge, Colorado) II... I I> b I J 1>, Y 1 I 1 ~ ,. r ~ .... I. j jT~ ,1 ....I. r do....m.nt..n.r-nn--.n....~enhr.q..iredb,lh.l.ndu..ndl.:)P.'lh...u.tomarY..~.hO(Obtain.nc~..chlo,n.Th.n'rluchlo.n ~.o~do~~;:~~;:~;:no;. ~::rt~inru or Y.lu. n""ud here~..~~~I:~~:~Vtod pb:rtc~.::~.....il.bl. .t I,m. of .:loa In 1'. lhll Unlnet .h.ll b. null .nd I. It. note .nd trult dud Of morll'.C." to b. ...umed, pureh...r.in-l.o.a,pl'~.n ...umpUo" Lfreq,,'red .nd 'cnu to p., II}. loa.. t..n.fu f., nol to ueud I and (2}an Int.rett rata not to ....:-;;a---..- "" pn .nn..m. ltth.loan to b. ...um.d h.1 proY;llonl fo.. a Ih...d .qulty Or v.riabl.ln\n.~ .al.. or yarl.bL. p.)'m.nh',lhi..:ontr.ct I. .:o;cino.........pll.llr~rch'".r r.y;...;nl' and ron"nlinl' 10 .uch provl.lonl.lrth.l.nd,r. eonunt to alo.n ...UmpIIOn II r.q..lr.d.lh" conlra.:ll. cOnd,l,oned upon obt../\Tnl"~nlenl ~ ..n<tc..n<tltion'ofln..h-t~.~t'Tr""'~"pT"lI"ri'd....r.------- ~ 1 If. n01e1l lob. "I,d. p."bl'loS.llu'.parU.lor(ull pl,m.nlorlh.pur..h...prle.,thl..:ontr..:t.h.1I not b....len.bl. b, P"fcha..r I: .,.,,", '.","0 .,"'....".11... I r ..~ (I i: I ( , " 'l, A .. X.lC~I<.xlG1U(KXK>Of..)f>XrXJH:M:lQJfHln(lXl)(u(XlKK.:urnnl .:ommltm..nt for title h"..rance poll':, In an .mount .qu,l to th.. pur.:h.., pri.....t S.ll..r I option and up.n... .h.ll b. furnilh..d 10 Purch.... on or b..rora Novembe r 22 1'--8..5., If s..u.. .1..~~.t;~u:~~"t. "o./~It~~:~~n:~:~ n:: ~~:;~~:~o~td~~,I~::;I;~ ~:I~:.~:::~~\~.~:~r::rc:r~:I~~, It~. I~u:.e~::.: :~~'~:~::':7 ;I:='~:' I~h.~t~::~u:.~ih:::;..nd i ~ :' b, Geoffrey R. Bailey \i 'I I L T,tl. Ihan b. mer.:hllntabl. In S..lIer. unpt.. Itlt.d In thi. p.rarnph ."d In pllral'r.ph. l:land L3. Sub)..110 p.,m.nt or l.nd.r.. abo... ! I p,o..'d.d and .o"'pll,n.:, b)' "ur.h.l.r .Ith the olh.r tn"', and proyJlll"" h..r.of, S.n.r Ih.ll e..~..l. .nd d.ll..,r . I'ood, ,nd lurr'~'.nl i i gene ra 1 war..nt, d..d 10 Pur.:h...r on Ma. rc:h 1 ,lll---B1L.or, b, m..lUIlI,cr..m.n'.,I.n .arlierdu., i1 :1 il I I :1 i 1 ",nvaylnlll' Ih. Properly (r.. Ilnd d~ar of .11 In...., tHepl the ..n....1 tn.. for the ,uror dOI'nlll'. .nd ~r<XXXXXXXXXXX){xXXXXXXX:lL; i I r... '0' "m".iI '''0' ,,, ."d., ;m"...m.o" 10'''''.' u ,I ". ...." p"",U" . ",o.'"n '''''0, w'''''' ........" 0.', 'n. '0' d.., .1.iI II Ii.o,,"' ,","mb"o... ....."'X :i I; ..upt th. fo\1owlnll rutrldl... c...,nanh _hl.:h do nolconla'''. rl,ht or r.v.rl.r: .; !I n/a " No_ SC.Z6/S-Z-81. C..lrart I~ ...., .... S.II R,,1 Ella;.l~~;':' -~------------- _0....,. ~i..1' c....lIU W.llh A.....l.."".._d. C.I.~.".1l021-1 _1:1011%:1:1.',.00_ ".11 ;:-:<tJ ~ 1 ~ I; ;1 I i) 'I !I II I' ,I I, "'!- ~ Ind unpt tht rollowln, 'pleirle nnrd.d .ndlor 'PPulnt uumlnll: reservations and restrictions of record. ,ndlubjlrtlohuildinlrlndlOnlnltfuullllonl. 12. EIu'pl.. ,taled in 1'Ir1ttnphl II and 13, If till. I, not "".,hanl,hl, and wriu." notir. of dlrl,UI) b tti".n by Purtlu.ur o. Pu.rh.... . .....~t ...Selle, Or S.lI.,. 'lfent on or b..f""d,te ,,(,lol,nl[. s,n",h,ll 1,1.. ....onablt .rrort lororu'rt ..,dder.rUIlpr,o,todUI ofrlol'''Il. HS.lI.". unalolr 10 <,oru<,1 u,ddrfr,UIlonorb,fo,..dltl..fdodnlr,ltS,llt r,optionlndupon..nt\ennotl,etoP...rd.....rorrurrh...,.'<<lntonorb,tor. dat....(.I".,ntt.th,du...rrl"linlllklll be ..t..n.l~dthirtyd.y.rorth. purpo.,..fror,.rllnll..idd,rlrlhl. EIrepl ..,lltrd In p.r.......ph 13,;(\'11.., n..t.."oJ...dm..ch.nt.bl....".ov'd..dinlhl.p....:..ph 1'l..tl'u.eh......opl'on.thhc"nl..u.h.llb.v"i...ndofnot'fr..et.n,j...ehp..!)'h.....!t' .h.lI b.. ...I...ud f.orn .11 obh&,elion.h.....und..r .nd.lI p.ym..nU.nd Ihin.:.ofv.lut' re".,~..d h..e..und..e .h.lI b. e..lurn.dto Pu.eh...., U. An)' .."eumbr.ne.. required to b.. p.id m.y b.. plud.t th.. lim.. of ...UI..m..nt t.om th.. p.oe....d. of thi. tr.n..dlo" o. f.om ."y oth... .ou.e.. J>.o..,d.d.how......r..I!h.opllono(..'lh.ep.r1)'.'(lh.tol.I'''d..bl..dn.........u..dbyh..".o"lh..J>.op..r1)'.......d.lh.puHh....ptle...th,...onlr.u .h.1I b.. vo,d .nd o(no..fr.."t .nd...ch p.ety h.....lo.h.ll b.. ...I......d (rom .1I0blilr.tion. h..r..und.r.nd.lI p.yrn..n!. .nd th,nlr.of...lu.. ...e..,v..d h.....und.r.h.llb..r..lur"..dtorurch...... 14. G.n....1 t..... foe the y.... or..lo.,n.. b...d on the mo.t ...c..nt I.vy .nd the mo.t rec.nt .......m.nt, prep.id ...n\l. w.t... ...nte. ..."'... Unt.. FHA mo.t..... in.un...... pe..mium. .nd Inl......t 0.. ."..umb.."....., Ir ."Y. .~XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXX -----XXKXXXXXX.XXXXXxxx.xXXXJC xxxx XXXXXX X XXXXXXXXXXXXX X~.h.ll b.. .ppo.tlon..d to d.t.. of d..liv..ry of d....d. 1$. Po......ionorth..p.oputy.h.lIb..d..liv.....dloPur'..h..eron day of closing. .ubj..cl10 Ih.(ollow;n.I........ o.t.".nci...; month to month rental agreement. A, III In Ih.. ......nllh.. P.op...ly i. .ub.t.nt;.liy d.m.lf..d by rin, rlood o.oth.., cnu.lty b..tw....n th.. dd.. ofthl. COnl....t .nd th.. d.t.. ofd..liv...)' or d....d. Pureh..... m.y ..I..ct to te.min.l.. th,. .ont..et; in which .....11 p.,m."t. .nd Ihinlr. o( v.lu. "c.,v..d h..reund.. .h.ll b.. ...Iurn..d t. Punh..... 17. TI"''' II o( th.. ......"c.. h.....of. If.ny not.. or ch..ck rec..,v..d ......n...tmo"..' h.....und..o. anyoth...p.y"'..ntdu.. h.....und...i. not p."l. hono...do.t..n<l..,..dwh..n<lu...or,f.nyot"..robli,.tionh..r..und...i.notp..rfo.m..d..h.....'npeovlded.lh..,...h.llb..lh..rollowlnlrr..",..d,...; (.1 IF' PURCHASER IS IN DEFAULT. th..n.lI p.y",.."l. .nd th,nK. o(v.I".. rec..lv..d h....."nd....h.U b.. 'orf"'ted by Pu.c1...... .nd ...t.,n..d o"b..h.lfo(S..II...ndbothp.rti....h.l1th..ndtt'tb....I......dr.o"'.llobIi.dio".h..reu"d....lti..!l:.....dth.t.".bp.ym..nt..ndth'nlt'.ofv.lu.. .... LIQUI DATED DAMAGES .nd tuupt .. p.ov;d..d in ."bp.r.n.ph t..n.n the SELLER'S SOLE AN 0 ONLY REM EDY rOt th.. 1'u..h.... . f.,lu.. to p...form Ih.. obll,.t,on.ofthi. cont..cl. S..ll..r ..p....ly w.iv... the ..m.diu of.p..c,nc p..fo.m.n... .nd .ddll,on.1 d.m...... tbl Ii" SELLER IS IN DEFAULT. III Pur.h....r m.y ..I..('t ~o tr...t thi. ..onl....l.. ~...mjn.t..d. in wh,ch e.....ll p.yrn..nu .nd Ihln... of v.I". .......,....d h....und..r .11.11 b.. ...lurn..d to Purchn.r .nd P"rch..... m.y r...ov... .u..h d.m.g..... m.y b.. prop..., 0.t2l P".ch..... m.y .I....~ to I'''U thi. eo"tr...t.~ b..,n.,n (ull 'o.c. .nd ,(f..et .nd Pureh.... .h.1I h.v.. lh. .ilt'llt lo.n ..l,on rOt .p..cin.. p..r(o.",.n('.. 0. d.m.K.... 0. both. It I Any!hin, to Ih. ..onlr..y h.....in notw,~h,und'n., In th.. .v..nl of any hli..tion .ri.in. out o( thi. ..ontr.ct. lh.. ..ourl m., .w.rd to the p.."..lin..p.ny.l1r....o".bl...o.t..nd...p..n...,inc1udin.u!o.n.y.r.... 18. Pu.eh....r .nd S..ll... .[(..... !h.t, in lh.. ..v..nt o( .ny ..ontrov....y ...<<..din.. Ih. ...rn...t ",on..y h..ld by b.ok... unl.... mutu.1 wtlu..n In.truet,on i. ......'v..d by brok.... brok..r .h.1i ..ot b.. ...q"i...d 10 t.k. .n;l' .etion but m.y ...il .ny proe..dln., o..~ brok.... opllon .nd d,.....uon. lI'layinl..rpl...d.ny",on..y.o.llll"..ofv.lu..l"toto".t.ndm.y....ov..co".tco.ta.nd.....on.bl..uo.n.y. (.10.. Ill. Add'tion.lprovi.io".; Contingencies: 1) the subject property being rezoned for Purchaser's intended usej 2) the immediate availability of water and sewer taps for the subject property; 3) the availability of utilities to the property; 4) there being no restrictive covenants of record which would prevent the effective use of this property by the Purchaser as rental apartmentsj 5) Seller will allow Purchaser and/or its agents access to the property to perform studies, analysis and other related work necessary to remove contingencies. Seller and Purchaser will cooperate in attempting to remove the contingencies in a reasonable amount of time and in a professional manner. Contract subject to Purchaser's review and acceptance of a thorough market analysis and feasibility study. Purchaser to bear the cost of such analysis and study. To be completed by 12/21/85, B, c, D. Purchaser's intended use is to build two lO-unit apartment buildings similar to the building on the SW corner of 38th and Parfet and to own, operate and sell for profit the finished product. .!l, Sellers will release ~ subordinate a portion of the subject property to the Purchaser provided Purchaser prepays $20,000 00 in principal to the Seller. The release and subordination will be an accommodation to the Purchaser should it seek financing for the construction of one of the la-unit apartment buildings The release and subordination will apply to either the east half or west half of the subject property depending upon which side is developed first. E. 20. Ifthi. p.opo..1 i. .....pled by 5.11.., in writin.. .nd Pur..huer .....lve. notie,of.u.h .ce"pt.ne. ono.b..(o.. Novpmhpr 7 Ill~.thllln.trum..nt.h.llb..eo"'...ont....tb.tw..nS..ll.r."dPu..h.....nd.h.lllnu..toth.b.n.ritorth.b.,n.."..e...o...nd."'lrn.or ."..hp..Il..........pt...t.t.dlnp.......ph1. r.n Du. Broker-Ihp n;:,,,i rl F' 1114/85 Presl.dent D.t. NOTE Purchaser and for its own account. ITtt..f.ll..lnlr....II...I.b.umpl..Udb,S.U.....dLl.U...."......1l 21. S..U..r ...upt. th.. .bo". p.opo..1 thl. ~ d.)' of November . 19~, ...d .,n" to p., a com"',..,,,,, of ~\ O~or Ih. "nh..':.JI.I'ic. (or ....vi..... In Ihl. t..n.ullon. .nd .,..." Ik.t.ln tJ" ~v..nt of forf..n".. o( plrm.... .nd Ihin... of .3Qu...~,~,V..dh...U ..li'thP..1m..nll.ndlhln..O(v.I"...h.llb..d'~,d.db.,h....nlhtlnlt'b.ok.r.' .1S..lIar.on...".I(lh..r.. lb. d~ro.... 01;;- '. Y' "... ... 0...... ""0'''' ',"n, ''7/ /.lJ. J;.j' I L - ~ ~ ~, _____~ tSp?Z.,- j<., ,,,<,,-'0:'/_ ,<.oWly 1'/: /) --,--Lc:, s;TI;.-Cene e a-nO t.ll., K{lo\:!ct7f geway arr)' Mttyer S.ll... . Add....---320D-Wa.ds.tJn r r h R 1 ~Whe.at.rirlgE4---Ca....BOJJ Li.tinll: B.ok..,. N.ma ."d Addr...-.C.e.nt.J.J..I:''; ... L.,-K.c.y~o.c '~-Whe.at..ridge...-..C-a.. BOJ)J ~ community development RECEIPT NO, t'tO~ DATE flEe CASE NO PLANNING COMMISSION PROJECT INFORMATION APPLlCAN'TQavid E. Bai ley Const. CO.ADDRESS 1121) 5, Co.JQ""JUyd.. #606 PHONE ~0~-759-9600 OWNER Gene Celano et al ADDRESS 3200 WadsworthL_\{heatridqe PHONE 303-232-3200 LOCATION OF REQUEST S. E. corner of 'vi. 38th Ave & Parfet ~_~_~_et, AREA 46,725 s. f. ! EXISTING USE vacant ground EXISTING ZONE R-C PROPOSEO USE Two ten unit apartment buildinqs ____,__'o_'___' PROPOSED ZONE R-3 LEGAL DESCRIPTION The north 175 ft, of the west 279,64 ft, of the east 306.64 ft, of Tract 15, Brookside, except that portion described in instrument to County of Jefferson recorded in Book 886 at page 340. OESCRIPTION OF REQUEST' ChanGe use oL..:ig~<m.L..ground frQ..~L~~~_n1 R-C zoning _to R-). zoning will allow 23 units. Propose to build two1wood fral11~'ltwo story apartment Fac:h hili lriint to havf' tpn apartments. R-) buildinqs, PERSONS IN INTEREST ALL PERSONS a COMPANIES WHO HOLD AN INTEREST IN THE DESCRIBED REAL PROPERTY, AS OWNER, MORTGAliEE,LESSEE,OPTlOHU,ETC, Ne~~e Celano, Reece Ridgeway & I rlrry Hf'Yf'r .Jt!'LL9 E. Ba j 1 eY MAILING ADDRESS 80033 PHONE 3?00, Wrlri~wnrth, Whf'rltririgf' 23?-3?00 Constr~ijon Compa~Y. David E, BaileY, President 1325 S. Colorado Blvd, , #606 759-9600 INTEREST Pre~ent Owner Optionee CERTIFICATION I CERTln THAT THE INFORMATION AND EXHIBITS HEREWITH SUBM ITTED ARE TRUE AND CORRECT TO THE BEST OF NY KNOWL-EDGE AND THAT IN FILING THIS APPLICATION, I AN ACTING WITH THE KNOWLEDGE AND CONSENT OF THOSE PERSONS LISTED A80'l!, WITHOUT WHOSE CONSENT THE RE01JESTED ACTION CANNOl LAWFULLY BE ACCOMPLISHED. APPLICANTS OTHER THAN OWNERS MUll SU8MIT POWER-OF-~TTORNEY F~OI,\ T ~ OWNER WHICH APPf~2~ g~ rc'6l~C1J~';.,3~ 7I~O~EHAL-F NAME OF APPLICANT Davl d f--&a-i-l-e: M LLlNG ADp'R ss.D,e:nile.r r:0 gO??? PHONE 7C;q-q600 /' ... ,~/, SIGNATURE OF APPLlCAI>Q. ~ ...,. I ;.-- \.... . .. ~ " .. , " .. , .. " " " .. ~ ","'< SUBSCRIBED AND SWORN TO ME THIS"'C..' DAY OF~-- _.'9~- MY COMMISSION ___.......---....~~.... ~,\::~.~y--""..> .~ I:'~ >l"'V....~"c:..... NOTARY, PlJBLI,r:----.. EXPIRES l' "-, mission expllcs 1~lilY L'J. l'Jpi SEAL CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT AGENDA ITEM....3 TO: City Council Date Prepared: April 23, . APR 2 8 1~t: DATE OF MEETING: April 28, 1986 CASE NO. & NAME: PBG-86-1/FICCO Case Manager: Meredith Reckert ACTION REQUESTED: Planned Building Group LOCATION OF REQUEST: 11080 West 38th Avenue NAME & ADDRESS OF APPLICANT: Ficco Brothers Construction 2445 Young field Street #350 Golden, CO 80401 NAME & ADDRESS OF OWNER: Ken Alley 11080 West 38th Avenue Wheat Ridge, CO 80033 APPROXIMATE AREA: .89 acres Iv i:: l/\, FiLE A -, 1(' I ~ "r::' ~.. J JU PRESENT ZONING: Residential-Three PRESENT LAND USE: Single-family r~i\lv'\':::I) I 'J. r 11,1. -'/- \' I, l-!. 'IVU SURROUNDING ZONING: N: Residential-One; S, E, W: ResidentiaJ 1""=-) f- I) \...~ i SURROUNDING LAND USE: N: ,W: Single-family; E: Multi-family; S: Vacant COMPREHENSIVE PLAN FOR AREA: NIA Date Published: Related Correspondence April 10, 1986 April 14, 1986 Apr il 15, 1936 ( ) Not Required ( ) None (XXX) (XXX) Date Posted: Date Legal Notices Sent: Agency Check List ENTER INTO RECORD; Comprehensive Plan ( Case File & Packet Materials (XXX) Zoning Ordinance (XXX) Slides Subdivision Regulations Exhibits (XXX) (XXX) Other ( ) JURISDICTION: The property is within the City of Wheat Ridge, and all notifica- tion and posting requirements have been met, therefore there is jurisdiction to hear this case. STAFF REPORT CITY COUNCIL - APRIL 28, 1986 PBG-86-1/FICCO PAGE 2 I. REQUEST The applicant requests approval of a Planned Building Group to allow two main structures on a single parcel. II. PROPERTY CONFIGURATION The subject site located at 11080 West 38th Avenue and is zoned Residential-Three. The single family residence on the property has recently been demolished.The property to the south, west and east is zoned Residential-Three. The land uses consist of vacant ground to the south, a single-family residence to the west and a multi-family development to the east. The property to the north is zoned Residential-One and Residential-Two and is currently being used for single-family residences. The site is completely contained within the Lena Gulch lOa-Year Flood Plain. The applicant received approval of a Special Exception to build in the Lena Gulch lOa-Year Flood Plain by the Board of Adjustment on February 27, 1986. This approval was subject to construc- tion in accordance with Exhibit 'A'. III. DESIGN ASPECTS The applicant has proposed the construction of two buildings consisting of nine units each. The buildings will be sepa- rated by an access drive and some parking, with the majority of parking located at the rear of the site (see Exhibit A). A six foot fence will be placed around the development. Pro- posed landscaping is far above the 25% that is required. All requirements have been met with the exception of indicating the location of illumination facilities. The Wheat Ridge Building Department voiced no objection to the Planned Building Group. The Fire Department will require a fire hydrant to be placed at the entrance of the property. Public Works has no objections, but may require right-of-way improvements. In reviewing the changes in the parking design as a result of Planning Commission action, staff feels an inadequate aisle width has been provided in the south parking area. The aisle width is only 20 feet wide where 24 feet is standard. This, in combination with compact car stalls, results in an unacceptable parking design. Staff would suggest at the very least, that the mechanical rooms be reduced in width or shifted north and the compact spaces (Nos. 11, 12, 13, 18, 19, and 20), be increased to 19 feet in length and the aisle width be increased to at least 22 feet. STAFF REPORT CITY COUNCIL - APRIL 28, 1986 PGB-86-1 PAGE 3 IV. PLANNING COMMISSION ACTION Planning Commission reviewed the Planned Building Group on March 20, 1986. A recommendation of approval was given for the following reasons: 1. The property is within the City of Wheat Ridge and all notification and posting requirements have been met and therefore there is jurisdiction to hear this case. 2. The applicant has met most of the requirements set forth under Section 27.B.2.c. and the Plan is in compliance with Building and fire Codes. 3. The Plan meets all minimum requirements for Residential- Three zoning. WITH THE FOLLOWING CONDITIONS: 1. Exhibit 'A' shall be the approved site plan. 2. All illumination facilities be shown on approved site plan. 3. The Declaration of Planned Building Group be placed on the final Site Plan to be submitted to the County for recordation. 4. A four foot wide landscaped buffer shall be placed in addition to the six foot fence and that one tree or shrub per parking stall be placed within this landscaped buffer. 5. If this Planned Building Group is approved, then Case No. SUP-86-1 is also approved with the 4 foot landscaped buffer. 6. Public Works will determine to see when curb, gutter and sidewalk will be put in or that a Development Agreement would be made to add curb, gutter and sidewalk at a later time. The Planning Commission approved a Special Use Permit to allow a 6 foot fence and a 4 foot strip of landscaping in lieu of the required 15 foot parking lot buffer. The applicant has revised his plans to include the 4 foot buffer strip, however, in doing this the parking design has become unacceptable. STAFF REPORT CITY COUNCIL - APRIL 28, 1986 V. CONCLUSIONS AND RECOMMENDATIONS: PBG-86-1 PAGE 4 Staff concludes that the applicant has met requirements set forth in Section 27.B.2.c. and that the plan is in compliance with the building and fire codes. The plan also meets all minimum requirements for Residential-Three zoning. For these reasons, staff recommends that Case No. PBG-86-1 be APPROVED upon the following conditions: 1. Exhibit nAn shall be the approved site plan. 2. All illumination facilities be shown on approved site plan. 3. The Declaration of Planned Building Group be placed on the final site plan to be submitted to the County for recordation. 4. Aisle width of southern parking lot be increased to at least 22 feet in width by shifting parking to the north two feet. This may result in a slight redesign of the size of units and building footprint. VI. RECOMMENDED MOTIONS: Option A: nI move that Case No. PBG-86-1, a request for approval of a Planned Building Group for property located at 11080 West 38th Avenue, be APPROVED for the following reasons: 1. The property is within the City of Wheat Ridge and all notification and posting requirements have been met and therefore there is jurisdiction to hear this case. 2. The applicant has met most of the requirements set forth under Section 27.B.2.c. and the Plan is in compliance with Building and fire Codes. 3. The Plan meets all minimum requirements for Residential- Three zoning. WITH THE FOLLOWING REASONS: 1. Exhibit nAn shall be the approved site plan. 2. All illumination facilities be shown on approved site plan. 3. The Declaration of Planned Building Group be placed on the final site plan to be submitted to the County for recordation. 4. Aisle width of southern parking lot be increased to at least 22 feet in width by shifting parking to the north two feet. This may result in a slight redesign of the size of units and building footprint.n STAFF REPORT CITY COUNCIL - APRIL 28, 1986 PBG-86-1 PAGE 5 Option B: "I move that Case No. PBG-86-1, a request for approval of a Planned Building Group for property located at 11080 West 38th Avenue, be DENIED for the following reasons: 1. 2 . 3 . " Option C: "I move that Case No. PBG-86-1, a request for approval of a Planned Building Group for property located at 11080 West 38th Avenue, be APPROVED for the following reasons: 1 . 2 . 3 . WITH THE 1 . 2 . 3 . FOLLOWING CONDITIONS: " W oBI>1 ~V( -1 \. - I, 1 SITE(~ 8 R SUp-82-\4 ' \ II \ 1 . 5 /lDJE -3 - ::( :t.' ~ <: c::::( ~ \ \ ~ \ ' 1.-~' ,~ ./ -~/ '~ ',~ -,<< / ' 1v \\..., :1 h I) If 1.'1 ~ . \)~ ,,' ,,;;/->-' ( /y , //" - ,'I 7.~'-/ l- Ift \ R-C l- 1 [ z w ~ en ::J Cf) ~"c ,,//' // c,\ 5 LJ ~ <: - -.l 'R-/A 7 li: ..c::. - ~ R-I Cf) -..l lu R-2 -- '>- lu' -..l ~, \...) 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I ',. 1 l_M I , r I . ~ . o ~ ~ (" o~ I flll - w " ~ . rr\~r > i . w " ~ , I' :; 0 ,1--- : Ir:-,-' i , r t: I Ill'i :~ '~r Ii ':;-'\ . II .' W ~ 0 ~~-; = '--' > . ~: '~ I'; ~ r VI ':: 1 ~ ~ " ~:: I'" LLiL 00 ~ ~ ~o l.~ '" w, I~ . . 0 w. ;; ;0 " ~~ l.~c . OC 0 u I~ 0 " 00 , z r 0 w I' - , w H . z I't . z ~ I;; <l -' 0- W '" <l ~ <l a: Cl "0. -' 1 :0 1 w z ~I 0. 0 z " ' <l <l ~ J: ':' 3 u I I, ':J ':J ;j 1 - ~ w ij Cl ji~ ':::S 1" ,"" 0;'" ~ " ," C' ':'~ ~! ill \ ~\ -~\~ ~.1 ~ c'u 4,~1 ~.o: '" 1}i ~ ~ ~ "l ~ ~ ~ " g\ ~ ~ ~ W ~ 6 ~~ I<~ z o " ~ W " i'1 . J ~ . 11 p ~i " t. ':2 ': " 1- ..j~ " n l' ~!. .to:~~:;;'P,,~":~ ~~ ;-' 1 -' w z z , <l 0 o ~ , 0 . if> --' ;j >- w Cl ! ~, 1-1-1 ~ ~\ t'h' ~H~j fu.\~ i k,. ifulo' ~~~i~i~/----~ r l:i~~~---- ~ f :n:; ('.-. ~'"~ ;.z \..... ''!>'= '- ~ ~E]~~ ~~~~ -.....; ~ ~ w u ~ :" --' w z~ zo! <l ~ 0~ 1, " ~ i !~ n", if> --' <l >- W o ; ~. 1 HI. ; ~ l CITY OF WHEAT RIDGE PLANNING COMMISSION MINUTES OF MEETING - MARCH 20, 1986 PAGE 2 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (items of new and old business may be recommended for placement on the agenda) 5. APPROVAL OF MINUTES - March 6, 1986 The following corrections were made: Page 4: Page 10: Page 13: Page 17: Para. 6, change "she" to "he". Last Para: add "like" between "I'd" and "it" on line 7. Para. 3, last line change "his" to "this". Correct the vote to include Commissioner SCOMA. Motion by Commissioner BIDDINGER, seconded by Commissioner STEGBAUER, for approval of the minutes as corrected. Carried 7-0. 6. PUBLIC FORUM (this is the time for anyone to speak on any subject not appearing under Item 6. of the Public Hearing Section of the Agenda) -No one came forward to speak. 7. PUBLIC HEARING - 7:30 P.M. A. Case No. SUP-86-1: Application by Lou Ficco for approval of a Waiver of the fifteen foot landscape buffer between a parking lot and residentially zoned property as regulated by Section 27.1.A.6. Said property is located at 11080 West 38th Avenue. AND B. Case No. PBG-86-1: Application by Lou Ficco for approval of a Planned Building Group to allow multiple main structures on a single lot. Said property is located at 112080 West 38th Ave. The above two cases were heard concurrently since they pertain to the same property, Mr. Moberg presented the staff report. All pertinent documents were entered into the record which Chairman WINGER accepted. Staff is recommending approval of both requests based on the conclusions that the Planned Building Group meets the requirements of the Zoning Ordinance and the plan is in compliance with building and fire codes. Staff is recommending a four foot wide landscape buffer in addition to a six foot fence. The applicant, Lou Ficco, 1131~ West 38th, was sworn in. He stated that they are utilizing the site in accordance with the zoning on the property. They are providing 30-35% landscaping. Mr. Ficco did not feel that a four foot landscape buffer should be required in addition to the fence. Mr. Gidley explained that the four foot landscape buffer between the fence and the parking area would absorb runoff, sound and heat and provide a sponge-like effect and decrease the impact on the neighbors. CITY OF WHEAT RIDGE PLANNING COMMISSION MINUTES OF MEETING - MARCH 20, 1986 PAGE 3 In discussing the location of the buildings, it was determined that moving the buildings to the front of the property would entail setback variances and since this is in the Flood Plain moving the buildings around would necessitate a significant change in the drainage plans. Mr. Ficco stated that the two buildings in the Planned Building Group will be connected by a breezeway. The Fire Department has no objections but will require a fire hydrant to be placed at the entrance. Mr. Ficco explained the design of the build- ings noting that the design would provide more windows, back- yard and grassed area in front of each unit with a town home type effect. If the units were to be contained in one building it would result in less windows, a central hall and a hotel type atmosphere. He proposes to rent the units at $550 per month and he will retain ownership of the development. If Planning Commission were to require the additional 4 foot landscape buffer it would result in the loss of two units, in addition to design problems and setback problems. The trash container would be located so that the trash pickup truck would not have to traverse the length of the development. It would be enclosed with brick or wood fencing. There was no one else present who wished to speak for or against this application. Commissioner STEGBAUER commented that he was hopeful there would be some good opportunity to create good conditions for the neighbors around the property and have a positive impact on the neighbors and future neighbors. Therefore, he is reluctant to approve having no buffering between Mr. Ficco's project and what will be a future neighborhood. Mr. Ficco's reluctance to move on that point will cause some problems in the future. Motion was made by Commissioner CERVENY that Case No. PBG-86-1 for approval of a Planned Building Group to allow multiple main structures on a single lot at 11080 West 38th Avenue be APPROVED and forwarded to City Council for the following reasons: 1. The property is within the City of Wheat Ridge and all notification and posting requirements have been met and therefore there is jurisdiction to hear this case. 2. The applicant has met most of the requirements set forth under Section 27.B.2.c. and the plan is in compliance with Building and fire Codes, 3. The Plan meets all minimum requirements for Residential- Three Zoning. CITY OF WHEAT RIDGE PLANNING COMMISSION MINUTES OF MEETING - MARCH 20, 1986 PAGE 4 WITH THE FOLLOWING CONDITIONS: 1. Exhibit 'A' shall be the approved site plan. 2. All illumination facilities be shown on the approved site plan. 3. The Declaration of Planned Building Group be placed on the final site plan to be submitted to the County for recordation. 4. A four foot wide landscape buffer shall be placed in addition to the six foot fence and one tree or shrub per parking stall be placed within this landscaped buffer. 5. If this Planned Building Group is approved, then Case No. SUP-86-1 is also approved with the 4 foot landscape buffer. Commissioner STEGBAUER seconded the motion. Discussion followed regarding the necessity for requiring curb and gutter at this time and Mr. Gidley stated that the present law states that if there are similar improvements on 50% of the properties within 500 feet then this can be required at time of building permit. However, this is a Planned Building Group which is akin to a subdivision and it may be that the City Attorney may find that certain conditions may be placed on the Planned Building Group similar to a subdivision and therefore this would pre-empt the building section of the code as it relates to curb, gutter and sidewalk. Mr. Gidley stated that if Planning Commission wanted to recommend curb, gutter and sidewalk be required for this Planned Building Group then it should be so stated and then City Council can sort that out when the case gets to them. The following addition was made to the motion: 6. That curb, gutter and sidewalk be installed to enable people to traverse the property. Mr. Ficco, in responding to the curb and gutter requirement, stated that he wished to bring to the Commission's attention that he did not see how curb, gutter and sidewalk could be engineered in the front of the property because of the holding tanks located there. Curb, gutter and sidewalk would adversely affect drainage and would involve additional engineering. Commissioner CERVENY stated that if curb, gutter and sidewalk were placed now, it would be better than having to do it "down stream". In regard to the 4 foot landscape buffer, Mr. Ficco was informed that he could appeal this requirement to City Council if he wished. CITY OF WHEAT RIDGE PLANNING COMMISSION MINUTES OF MEETING - MARCH 20, 1986 PAGE 5 Further discussion regarding the curb and gutter requirement followed and Mr. Gidley stated that there are certain drainage considerations in this area and many times curb and gutter is installed on a piecemeal basis. From a total engineering standpoint, the option of either installing it with a building permit or requiring the applicant to sign a Development Agreement and putting up sureties for improvements later on would also be an acceptable alternative. This would be at the Public Works Director's discretion based upon review of street plan program and drainage, he could either require this at time of building permit or require sureties or a development agreement "in lieu of". f ~' C;y , Commissioner CERVENY changed his condition No.6 in the motion to state that Public Works will determine to see when curb, gutter and sidewalk will be put in or that a development agreement would be made to add curb and gutter at a later time. This amendment was accepted by Commissioner STEGBAUER. VOTE: YES: Cerveny, Stegbauer, Kolesar, Mayhoffer, Winger, Biddinger, Eckhardt NO: None Motion carried 7-0. Resolution is attached. C. Case No. SUP-86-3: Application by Sixpence Inns of America for approval of a Special Use Permit to allow the parking of truck tractors on property located at 9920 West 49th Avenue. Mr. Moberg presented the staff report. All pertinent documents were entered into the record which Chairman WINGER accepted. Staff is recommending denial because it would set a precedent. The goals of the Kipling Activity Center Master Plan is to discourage this type of use and the proposed use is directly in violation of the Comprehensive Plan. In addition, this request would displace parking that is required for the motel and will reduce landscaping. Mr, William E. Ruff, representing Sixpence Inns, 1751 E. Garry, C, Santa Ana, Calif., was sworn in. He stated that he has talked with staff and he presented a revised site plan to mitigate some of the concerns. He entered into the record a copy of an ingress-egress and parking easement agreement be- tween Sixpence Inns and the adjoining property owner (Denny'S Restaurant). This was marked Applicant's Exhibit "A" and made a part of the case file. Mr. Ruff stated that they are re- questing 15 truck tractor parking spaces, 21 feet wide and 27 feet deep. They will build a berm between the freeway and the parking spaces which will block out and screen the tractor spaces from the freeway traffic. The parking spaces will be over-sized and will be available for regular parking when they are vacant. No tractor trailer rigs will be allowed. CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO. and PBG-86-1 SUP-86-1 LOCATION: 11080 West 38th Avenue APPLICANT(S) NAME: Ficco Brothers Construction 2445 Youngfield St, #350, Golden, CO 80401 OWNER(S) NAME: Ken Alley 11080 West 38th Ave, Wheat Ridge, CO 80033 REQUEST: Approval of Planned Building Group and Special Use Permit to Waive Required Landscape Buffer APPROXIMATE AREA: .89 Acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and it was moved by Commissioner CERVENY , seconded by Commissioner STEGBAUER , that Case No. PBG-86-1 , and Case No. SUP-86-1, be forwarded to City Council with Planning Commission recommendation for APPROVAL for the following reasons: 1. The property is within the City of Wheat Ridge and all notification and posting requirements have been met and therefore there is jurisdiction to hear this case. 2. The applicant has met most of the requirements set forth under Section 27.B.2.c. and the Plan is in compliance with Building and Fire Codes. 3. The Plan meets all minimum requirements for Residential-Three zoning. WITH THE FOLLOWING CONDITIONS: 1. Exhibit "A" shall be the approved Stte Plan. 2. All illumination facilities be shown on the approved Site Plan. 3. The Declaration of Planned Building Group be placed on the final Site Plan to be submitted to the County for recordation. 4. A four foot wide landscaped buffer shall be placed in addition to the six foot fence and one tree or shrub per parking stall be placed within this landscaped buffer. 5. If this Planned Building Group is approved, then Case No. SUP-86-1 is also approved with the 4 foot landscaped buffer. 6. Public Works will determine to see when curb, gutter and sidewalk will be put in or that a Development Agreement would be made to add curb, gutter and sidewalk at a later time. VOTE: YES: Cerveny, Stegbauer, Kolesar, Mayhoffer, Winger, Biddinger, Eckhardt NO: None I, Seemah Betz , Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 7-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Whe Ridge, Colorado, on the 20th day of March , 1986. CITY OF WHEAT RIDGE - AGENDA JTEM..~-- MEMORAN~IYI I To Mayor and City Council From ( l't(s.~ n" r:: 1986 Thomas HABa~m'1lf~,b~it :~1_2 (1)~d - . 1 l)--'f\ mlnlstrator April 30,1986 Subject SALARY SCHEDULE Date Approved Date Attached is a summary, salary comparisons, and new resolution for 1986 salaries. The Council may recall that the Personnel Commission and Civil Service Commission met several times as a joint committee to determine if adjustments should be made in the resolution after last year's budget sessions. The Commission minutes are attached with their motion to pay at the average of the other cities commonly used for salary surveys in the past. The impact of their recommendations is $44,796 from July 1, 1986 until the end of the year. There are only 15 classifications that show any increase necessary out of a total 68 classifications in our system. The other classes were found to be properly placed and in some cases higher. As our policy has always been not to reduce anyone, these ranges were left in the same place. If these ranges are found properly placed or over at the time of the next survey, then they would still remain at the same range of pay until such time as the survey data indicated the range should be raised. (This would not be the case if Council voted an across-the-board increase as was done last year.) This survey for the first time included a comparison of Wheat Ridge pay ranges and merit pay with other city's ranges, longevity pay, and merit pay. ^ percentage was also added to indicate Wheat Ridge shortage on holiday hours and medical benefits as compared to the other cities. However, this shortage was not calculated into the ranges. The Commission did not desire to address these latter two areas at this time. The following summarizes the change proposed In each classification: POS ITION PERCENT OF CHANGE Building Custodian Deputy Court Clerk Switchboard Operate fJ_,AJ ('r' >II:? 0 0 0 0 0 + . 7 + .7 + .7 + . 7 0 ,- I Account Clerk Clerk Typist Police Records Cler t ,-' I'J , .'1 j ,\ i Y' ~," J~j Parks Maintenance W Public \~orks Mainte.__..~~ nvu..el Secretary Animal Control Officer I POSITION Traffic Technician I Engineering Assistant Motor Equipment Operator I Park Maintenance Leadworker Tree Trimmer Automotive Mechanic Senior Secretary Accounting Technician Sales Tax Technician Vehicle Fleet Specialist CCIO Deputy City Clerk PlannLng Technician Traffic Technician II Park Ranger/Naturalist I Animal Control Officer II Motor Equipment Operator II Accountant Senior CCIO Chief Court Clerk Automotive & Equipment Mechanic Building Inspector Electrical Inspector Code Enforcement Officer II Engineering Technician Police Records Supervisor Executive Secretary Planner I Building Maintenance Supervisor City Arborist Recreation Program Coordinator Park Ranger/Naturalist II Police Officer I Planner II Police Officer II - 2 - PERCENT OF CHANGE 0 0 0 0 0 0 0 0 0 0 + 7.8 0 0 + 1.4 + 1.4 + 1.4 + 1.4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 + 6,6 0 + 5.5 POSITION PERCENT OF CHANGE + 4.8 0 0 0 0 0 0 0 0 0 + 3.0 0 0 0 0 0 + 3 , 9 0 + 1 . 7 0 0 0 0 Senior Police Officer Shops Supervisor Traffic Maintenance Supervisor Street Maintenance Supervisor Purchasing Agent Chief Building Inspector Budget-Finance Assistant/Auditor Data Systems Programmer/Analyst Personnel Assistant Civil Engineer Police Sergeant Recreation Program Superintendent Park Maintenance Superintendent Street Maintenance Superintendent Senior Project Engineer Economic Development Director Police Lieutenant Planning Director Police Division Commander Director of Parks and Recreation Director of Community Development Director of Public Works Chief of Police TOTAL CLASSIFICATIONS 68 CLASSIFICATIONS CHANGED 15 - 3 - RESOLUTION NO. Series of 1986 TITLE: RESOLUTION ADOPTING THE SALARY SCHEDULE PROVIDING FOR PAYGRADES AND PAY RANGES BEGINNING JUNE 1, 1986. WHEREAS, the City has established and classified Merit and Civil Service positions; and WHEREAS, the Budget provides for expenditures for salaries and related costs; NOW, THEREFORE, BE IT RESOLVED THAT: A. Pay grades and pay ranges for Merit and Civil Service position classi- fications and for non-classified positions are hereby established as listed below. Positions designated with the letter (E) are professional, executive, or administrative in nature and are, therefore, exempt from overtime payments. PAY GRADE POSITION TITLE PAY RANGE 2 Building Custodian Deputy Court Clerk Switchboard Operator Account Clerk Clerk Typist 1038 - 1298 (5.9886-7.4886) 1185 - 1481 (6.8365-8.5442) 3 Police Records Clerk Parks Maintenance Worker Public Works Maintenance Worker Secretary 1268 - 1585 (7.3155-9.1444) 4 Animal Control Officer I Traffic Technician I 1341 - 1676 (7.7365-9.6692) 1454 - 1818 (8.3886-10.4887) 5 CCIO Senior Secretary Accounting Technician Sales Tax Technician Vehicle Fleet Specialist Engineering Assistant Motor Equipment Operator I Park Maintenance Leadworker Tree Trimmer Automotive Mechanic 6 Deputy City Clerk Planning Technician 7 Traffic Technician II Park Ranger/Naturalist I Animal Control Officer II Motor Equipment Operator II 8 Accountant (E) Senior CCIO (E) Chief Court Clerk (E) Automotive & Equipmenl FecbCinic 9 Building Inspector Electrical Inspector Code Enforcement Officer II Engineering Technician Police Records Supervisor (E) 10 Executive Secretary Planner I (E) Building Maintenance Supervisor City Arborist (E) Recreation Program Coordinator(E) Park Ranger/Naturalist II (E) Police Officer T 11 Police Officer II Planner II (E) 12 SeniDr Police Officer 1 3 Shops Supervisor (E) Traffic Maintenance Supervisor (E) 1 4 15 Street r"jn1enance Supervisor (E) Purchasing Agent (E) 1 6 Chief Building Inspector (E) Budget-Finance Ass't/Auditor(E) Data Systems Programmer/Analyst (E) Personnel Assistant (E) Civil Eneineer (E) 17 Police Sergeant (E) 1558 - 1948 (8.9886-11.2387) 1630 - 2038 (9.4040-11.7579) 1682 - 2103 (9.7040-12.1329) 1773 - 2216 (10.2290-12.7849) 1898 - 2373 (10.9502-13.6906) 2009 - 2512 (11.5904-14.4923) 2110 - 2638 (12.1730-15.2192) 2180 - 2725 (12.5772-15.,215) 2284 - 2855 (13.1772-16.4715) 2347 - 2934 (13.5406-16.9272) 2403 - 3005 (13.8637-17.3369) 2420 - 3025 (13.9618-17.4523) 18 Recreation Program Superintendent (E) Park Maintenance Superintendent (E) Street Maintenance Superintendent (E) 2480 - 3100 (14.3080-17.8850) 19 Senior Project Engineer (E) Economic Development Manager (E) 2550 - 3188 (14.7119-18.3927) 20 23 Police Division Commander (E) 2617 - 3271 (15.0984-18.8715) 2722 - 3403 (15.7041-19.6331) 2876 - 3595 (16.5926-20.7408) 2926 - 3658 (16.8811-21.1043) 3088 - 3860 (17.8157-22.2697) 3151 - 3940 (18.1792-22.7312) 3343 - 4179 (19.2869-24.1101) 4652 21 Police Lieutenant (E) 22 Planning Director (E) 24 Director of Parks & Recreation (E) 25 Director of Community Development(E) 26 Director of Public Works (E) Chief of Police City Administrator (E) B. A combined clothing and cleaning allowCl,nce sball be paid to all uniformed Police Officers of the City at the rate of $500 per calendar year per officer, and shall be disbursed on a quarterly basis. The Ci ty will be responsible for the initial issuance of uniforms for the Police Officers when they begin employment with the department. This will be one complete issue of uniforms. Any subsequent uniform acquisi tion or replacement .,j JIbe the responsibility of the individual officer. An officer will not be eligible for the first clothing allowance until after completion of one year of service with the Wheat Ridge Police Department, and for the balance of the second year, the payment will be prorated for the period of time remaininB in that calendar year. Animal Control Officers, Park Rangers, and Communications Complaint Intake Officers, shall receive a cleaning allowance of $160 per year payable quarterly from date of hire, and uniforms will be provided on an as-needed basis. The City will provide work clothing for all designated Public Works and Parks personnel and such other classificationss as designated by the City Administrator. C. Court pay shall be paid to employees for court appearances when subpoenaed during off-duty hours. DONE AND RESOLVED this day of May, 1986, A.D. Frank Stites, Mayor ATTEST: Wanda Sang, City Clerk CITY OF WHEAT RIDGE - To Thomas H. Palmer, City AdministratorFrom MEMORANDUM 1 '-rCl-j'-OLl~ c.U<-cr Patricia A. Crew, Personnel Assistant Subject Compensati on Date Apri 1 30, 1986 Approved Date Attached are salary survey findings based on 1986 salaries. (Attachment A). The City uses the cities of Arvada, Broomfield, Commerce City, Englewood, Littleton, Northglenn, Thornton, and Westminster, for salary comparisons because these ci ties are closest in population to the City of Wheat Ridge. In doing salary surveys, only benchmark classifications are compared, not all classifications. Benchmark classifications are those classifications most likely comparable to classifications in other organizations. Other classifications are then placed in pay grades based on internal comparisons. Included in the attached information is the following: 1) Column I is the name of the ci ty listed in descending order of the total salary paid (column III. The city paying the highest for the classification is listed first.) 2) Column II is the minimum of the salary range in each City. 3) Column III is the maximum salary paid including any bonus and/or longevity payments. To determine longevity, an employee with five years of service was used, except for police command positions for which I used a ten year employee. In the case of department directors and planning director, Column III is actual salary paid including bonus and/or longevity. 4) For those classifications listed in Attachment I,J-L, only a maximum salary with any bonus or longevity is given. Many cities either do not have a range for these positions or have one large range for all upper management classifications. 5) Columns II and III incl ude an eight cities not including Wheat compared to the Wheat Ridge salary. ari thmetic average of Ridge, which is then The City of Wheat Ridge has a policy of paying salaries equal to the average of those cities included in the salary survey. This policy is strongly supported by the Personnel and Civil Service Commissions. It is important to know that this salary review was done at the request of these two commissions. The importance of paying adequate compensation cannot be overemphasized. Consequences of inadequate compensation include high turnover, low morale, high absenteeism, and difficul ty in recrui ting quali ty applicants. All of these factors reduce productivity. Findings The findings of the salary survey are shown in Attachment IA-L. These show that the salaries for some positions need adjustment, especially positions in the police department. The percentage adjustment is shown at the bottom of each page. In addition, the 1985 compensation survey indicated that the City has 14 hours less holiday time than the average of the eight cities. This amounts to 0.5% of salary. Several of the cities used in the survey pay a higher percentage of the medical insurance premium than Wheat Ridge for an average of 90% of premium and pay a higher percentage of the premium for dental insurance, averaging 80% of the premium. In the attachments, the row "including benefits" includes 12 hours of additional holiday time, and the cost of paying 90% of the premium for medical insurance and 80% of the premium for dental insurance. Recommendations At a special meeting of the Personnel and Civil Service Commissions on January 29, 1986 (minutes attached), the commissions requested that all Ci ty employees be paid at the average of salaries in the surveyed ci ties and requested that staff develop a plan to implement this request. The attached salary resolution replaces Resolution 958 and implements the Personnel and Civil Service Commissions' request. This resolution corrects only the deficiencies in salaries and does not address the deficiencies in benefits. The adoption of this resolution by City Council will not establish total compensation levels at the average of the other eight cities with which Wheat Ridge uses for comparison. This resolution establishes base salary rates that are comparable to the average of the other eight cities. Implementing this proposal will cost approximately $7466 per month. I suggest an implementation date of July 1, 1986. The cost for 1986 would then be $44,796. The two commissions request that a discussion of employee salaries be included on the May 5th Council Study Session agenda. Attachments cc: Civil Service/Personnel Commission JOINT COMMISSION MEETING JANUARY 29, 1986 MEMBERS PRESENT: PERSONNEL COMMISSION: Allen Kirby, John Petersen, Bob Reischman. Doris Smith, Bill Thornton, Paulette Tierney; Civil Service Commission: Don Barnett, Jerry Hillenburg, Harold Kilthau. Bill Myers OTHERS PRESENT: Tammy Hale. Cheryl Clark, Patty Crew CALL TO ORDER: Bob Reischman called the meeting to order at 7:00 p.m. Patty Crew explained the salary data she handed out to the commission. Tammy Hale explained the salary survey prepared by the Police Protective Association. Each commission member present stated that Wheat Ridge should be paying salaries at least equal to the average of the salaries paid by other cities in the metropolitan area. Motion by Thornton to have staff develop the findings from the salary survey into specific recommendations for presentation to City Council at the March 3rd study session, and that commission members be present at the study session to assist in the presen- tation and to express support of the recommendations. Motion carried. 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Q) => +-' lL. 0 ::;: '" W !.- Z :z >- (IJ z: CL 0 CO f- .c UJ ..... U 0::: UJ ..... 3 CO U1 f- w G CO U z: :::l ..... f- CO Z ...J CO z: .,. (!J C V) V) ..... 0 UJ 0 z: UJ UJ z: 0 0 z: 0::: f- ..... 0 0 U ...J UJ UJ ..... .Cl 0- ..... UJ lL. 3 f- 0::: G (!J (!J CO --- ::;: I- ...J ::;: W z: w :c c:r: ~ => 3: >- I- c:r: I- 0 ...J 0::: ::<:: f- 0::: ...J .9; l- V) UJ f- a (!J 0 ::<:: 0::: UJ UJ U ..... w ::c ..... a::: z: ::c 0 0 :> :> z: u 3 3 ...J co w I- U z: c:r: c:r: ..... -I' . J J j, iN .'" " Item 2. _lJuncil lJill c"j - 411 )r'Jlnaflce p,,)vl.jb~, tJr ~i, .J rezoning frum RestrlcteJ-Commercial to Commercl',-~W cunditions, 4417 Harl.in. (Case No. \/Z-~,"-e) \!letd' (Appeal from Planning Commi5sion Denial) " Council Bill wa~ introduced on second reading by Mr. Merkl, tl by the Clerk. ~~aff report was given by Mr. Stromberg. Maurice tux, 44b5 Kipling, attorney, was present and sworn in, representing the applicant. Gerald Heller, 6711 W. Portland Ave., Littleton, applicanl, was also sworn 1n and reaponded to que.~~... b1 Mr. '01 .. to ~he nature of his bu.in.... Th.r. wa. no on. Jr....t 1ft opfO'l'.on. "o~ion by Mr. Mobbs that Couno11 8111 29, Ordlnanoe 503. . r.qu..t tor appro,al of a chance of zone tro. R-C to C-2 at --77 Harlan Street. be approved with the followinC condltions and reasons: 1. All C-1 ua.a are permitted and only li&ht Manufacturing uses from the C-2 zone distr1ct are allowed un this site, and that the Ordinance be amended as reco..ended by the City Attorney (these recommendations being that in Section 2 the present' and C be stricken and in their place the wording from the zoning ordinance be added i,e. "6. Manufacturing and/or light industri,i operation where operation of anyone machine does not exceeo five (.,) horsepower excluding any industrial operation listed in any other section in this ordinance. C. Shop for custom work or for ma~jnK articles, materials, or commodities to be sold at retail or. the premises".) Seconded by Mr. Aiello; carried 7-1, with Mrs. Snuw v'lIn,', No, stating that with the amendment to the Ordinance any kInd ot manufacturing would be allowed. Motion by Mr. Merkl to take a 10 Minute break and come back and 1'1< I the Agenda; seconded by Mr. Aiello; carried 7-1 with Mr. U..is voll~r No. . OLD BUSINESS Item 3. Public Hearing on application by Randy Currier for a four-lot Minor Subdivision on property at 4084 Wadsworth. (Case No. 14S-82-1) (Postponed from July 26, 1982) Staff report was given by Mr. Stromberg. Ro~er Barsn was present an j sworn in. Motion by Mrs, Ore that Caae MS-8 -1, a request for dppr VJ, of the Currier Mlnor Subdivision be approved for the follo,...ing rea' ,', and with the following conditions: deasons for approval: 1. All requirements of the Subdivision Regulations ana Zonlog 'I, ,1\' " are .et; 2. this subdivision facilitates the unification 'Jl U", Wadsworth Town Center by providing for the needed cross-cl.culatl_' Planning Commission has recommended app. oval. With conditions: 1. That the parK land dedication and fees in lieu of dedic " 1" waived; 2. That a drainage plan for the entire subdivisiun t~ with a Final Development Plan for this site; 3. that a Devplnpmpnt Acree.ent for cllrb, gutter, sidewalk, accel/decel lanes et,_, Wadsworth Blvd. be prepared, executed and recorded to applv unly 1 to recognize the prior commitment by the owner of Lot 1 to ae these i.prove.ents; and 4. that a stipulation note be added tJ i , prlor to recording which reads as follows: "The owner agr<"-,, ' "t City ahall have the right to construct the connector drive thruu,' .ite on the dedicated ingress/egress easement, located along t~e _ ed.e of Lots 2 and 3, if it is deemed necessary prior to prlvate develop.ent on the ~ite. The City has the right to construct this either with its own funds or in combination with other public or private entitiaa or individuals. The owner reserves the right to review an1 approve construction plans for said connector drive prior L~ co_enca.ent of construction in order to correlate with t:,,- _'.i'" develop.ent plans for Lots 2 and 3." And also to correct Ine shown on the plan (3.2553 or 3,2616 whichever is correct) c0rrect the misspellings; seconded by Mr. Merkl; carrle~ , .vi NO SMOKING, FOOD OR DRINK IN THE COUNCIL CHAMBERS, PLEASE! AGE N D A CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave., Municipal Bldg. January 27, 1986 7:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES of January 13, 1986 PROCLAMATIONS OR CEREMONIES Administration of Oath of Office to newly appointed Board and Commission members CITIZENS' RIGHTS TO SPEAK 1. Citizens who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the PUBLIC COMMENT ROSTER. 2. Citizens who wish to speak on Agenda items, please sign the GENERAL AGENDA or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 224 - An Ordinance provid.ing for the approval of rezoning from Restricted Commercial to Commercial-One on land located at 6615 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-85-26) (Lawrence Lefholz, Jr.) (Attached) (Randolph Currier) (Attached) Applicatjon Development Development Blvd. (Case No. WZ-85-17) by Randolph Currier for approval of a Final Plan within the Currier Planned Commercial (PCD Zone District), located at 4084 Wadsworth CITY COUNCIL AGENDA: Item 3. October 22, 1984 Page -2- Council Bill 152 - An Ordinance repealing and reenacting Section 18-31 of the Code of Laws of the City of Wheat Ridge relating to salaries to be paid to members of the Classified Service. (Attached) Item 4. Application by C.D. Galloway for Site Plan approval in the Wadsworth Activity Center for property located at 7403 W. 38th Avenue. (Case No. WSP-84-3) (Continued from September 24, 1984) Item 5. \' Item 7. (Attached) Application by Foodmaker, Inc., for approval of an Official Site Plan to permit addition to the Jack-in-the-Box Restaurant located at 4084 Wadsworth Blvd. This site plan approval is required by the Wadsworth Town Center Urban Renewal Plan and Master Plan, and by Ordinance No. 488. (Case No. WSP-84-4) (Attached) ouncil Bill 146 - An Ordinance amending Sections 10, 12, 20. 21, and 23 of Appendix A of the Code of Laws of the City of Wheat Ridge relating to Height and Density Limitations and the authority of the City Council to vary Standards and Limitations, and amending Section 28 of Appendix A to amend the definition of "Family", all to achieve compliance with the Wheat Ridge Home Rule Charter as amended by the voters of the City of Wheat Ridge. (Attached) Council Bill 151 - An Ordinance amending Appendix A, Zoning Ordinance, of the City of Wheat Ridge, County of Jefferson, State of Colorado, relating to New and Used Automobile and Truck Sales Lots. Item 8. ORDINANCES ON FIRST READING (Attached) Council Bill 154 - An Ordinance authorizing the issuance and sale of $1,950,000 City of ~iheat Ridge, Colorado, Industrial Development Revenue Bonds (Pearse Electronics, Inc. Project) Series 1984, to finance a project for Pearse Electronics, Inc.; ratifying certain action heretofore taken; authorizing the execution and delivery by the City of a Financing Agreement, Indenture of Trust, such Bonds and Closing Documents in connection therewith; making determinations as to the sufficiency of revenues and as to other matters related to such project; and repealing action heretofore taken in conflict therewith. (Attached) NO SHOKItiG, FOOD OR DRItlK IN THE COUNCIL CllM-WERS, FLEASr:! AGE N D A January 23, 1984 7:30 p.m. CITY COUNCIL HEETING CITY OF vlRCAT RIDGf" COLORADO 7500 W. 2qth Ave., Municipal Bldg. CALL TO ORDEn PLEDGE OF ALLEGIANCE ROLL CALL OF ~lE~1BEP.S APPROVAL OF MINUTES of January 9, 1984 meeting (previously distributed) CITIZENS' RIGHTS TO SPEAK 1. Citizens who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the PUBLIC COH~mNT ROSTER. 2. Citizens who wish to speak on Agenda items, please sign the GENERAL AGENDA or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Application for a new Class License for Village Liquor, o - Retail Liquor Store 5395 W. 38th Avenue. (Attached) " Item 2./ Council Bill 116 - An Ordinance providing for the approval of an amended Outline Development Plan and Combined Final Development Plan on property located at approximately 4020 Wadsworth Blvd., City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-83-28) (Randolph & Clyde Currier) (Attached) OLD BUSINESS Item 3. 1\. Public Hearing concerning the City's consideration of making application for Community Development Block Grant (COBC) funds through the Department of Local Affairs of the State of Colorado--grant is intended to improve the water system and fire fighting capabilities in the area roughly bounded by West 20th Avenue to West 29th Avenue, and from Sheridan Blvd. to Fenton Street. (Continued from 1/9/84) R. Resolution 873 - approving the submission of Grant Applications for a Water System project to the Colorado Department of Local Affairs, under the Small Cities Program of the Community Development Plock Grant (CDBG). (Continued from 1/9/84) CITY COUNCIL AGENDA: July 12, 1982 Item 4. -2- Council Bill No. 24 - Providing for approval of a Special Use Permit in a Commercial-One (C-1) zone, 12351 W. 44th Ave. (Case No. SUP-81-9, Petroleum Wholesale) from Planning Commission Denial) (An Appeal (Attached) UNfINISHED BUSINESS (Postponed from meeting of 6/28/82 - See material distributed for meeting of 6/28/82) Item 5. Item 6. Item 7, Item 8. NEW BUSINESS Application for approval of an Official Site Plan related to a Building Permit as required by the Wheat Ridge Comprehensive Plan - Wadsworth Town Center Master Plan, and by the adopted Wheat Ridge Urban Renewal Plan for the Wadsworth Town Center - Limited Project - 3950 Wadsworth Blvd. (Case No. WSP-82-1, Donna Dunaway) (Attached) Request by DRCOG for Wheat Ridge shared participation in transportation projects (Wadsworth Corridor and 1-70/1-76 Interchange). Proposal for Intergovernmental Agreement between Arvada and Wheat Ridge for shared common boundary street maintenance. (Rodger Young) Proposal from Jefferson County Commissioners for Wheat Ridge annexation and receipt of deed for 1/2 of Independence; 51st Street to 50th Street. (Rodger Young) Item 9. Item 10. Application by Pascal Construction Co. for a Dumping Permit at the rear of 6161 W. 48th Ave. (Case No. DP-82-2) (Attached) Request to contract with the Gibbons Company, Inc., to manage Unemployment Compensation claims. (Attached) Item #5 Continuation of Application By Morrie Ferguson Approval of Two Lot Minor Subdivision Property located at approximately 9551 West 38th Avenue, Wheat Ridge, Colorado Case #MS 80-2 Continued from 3/8/82 We have taken all of the public testimony on this particular case. We were down to where Council is asking the applicants questions. Mr. Fox would you come forward please. May I state something. Yes. Mayor Stites, I was absent on the night of the hearing, but I did corne in today and listen to all of the tapes. Okay. We will accept that. If it's all right with Mr. Hayes, I will vote on this this evening. Okay. As long as he listened to all of the tapes. I'll verify that, he eat up my time to do it. I understand you viewed the property this Yes, this afternoon. Chair accepts. Now, we were. Mr. Fox, do you swear to tell the whole truth and nothing but the truth. I do. Mr. Fox, we were asking that the time about the easement Council has received some some subsequent information over the easement. Did you wish to elaborate on that in any way? No Mr. Mayor, I spoke with John Hayes, your City Attorney, on the subject matter of that he wrote to you concerning the I think it is a proper interpretation of that document and easement, and I have nothing further to offer. Okay. Are there any other questions of Mr. Fox, or Mr. Burks. Mr. Fox, back on under the testimony on the 8th. You mentioned that the road could take and be dedicated if it was condition, is that correct? Mr. Hobbs, if I stated that it could be dedicated as a condition it would be to the extent of Mr. Ferguson's interest therein. Was he. He has what appears to be thus the He has an interest on its less than full fee so whatever he were to give to the City would be less than full fee title. So it would not be able to be contained fee title as far as dedication. That is my opinion of the system's arrange~nt here. I think that's the Is that the way you see that Jim. Yes it is. Do you feel that the actual parcel of ground, Mr. Hayes, has been divided for a subdivision then created over the period since about 1974 to day. Subdivision was created some time interpretation back when it was created. I checked title as far back as 1974, and at that point, the property from a standkey to a Mr. and Mrs. Lundy in two separate parcels and the parcel one at the to inherit the property that Mr. and Mrs. Ferguson now own and parcel two the property owned by Mr. and Mrs. Hughes by So there was a subdivision created some time that carne into multiple ownership apparently sometime after 1978 that the parcels were shown on deeds as two separate parcels as far back as 1974. Okay. Mr. Fox, on the drainage for the road, the road drainage, once it's accepted as an easement you are referring to the frontward subdivision for your drainage of that road and on constructing that road into there, the back road blocked by that's used as an easement and does an easement what criteria will the road be built to use for access into that subdivision and what standard will that road built to as far as the road being an easement to the subdivision? Mr. Hobbs it can be built to any specification that's standard that will meet the requirements of the representation that the property representation by the fire suburb, in this particular case it as much as there is no dedication for it appears that there can be no dedication at this time not necessarily to be built through your road standards or the standards of the representation So the actual seller will build it to his own standard or the buyer's. The buyer could be sold without without the road being built to its own representation there is an easement and then it would be up to the purchaser to Of the property. The Cottonwoods Mr. Hayes I have a question. On the subdivision plat, under conditions, couldn't the condition be put on there that this easement if this is approved that the road construction or the road easement would have to be fully built to a road access in there so that we actually have the access to the subdivision. reasonable plats. Yes, I think you might want to send someone out the construction a little bit more than I understood Well, I think it is should be brought out here the fact that the like Mr. Fox just stated that it actually could be shown as an easement but the road would never could maybe wouldn't even have to be constructed. It's just an easement. And I'm a wondering if we're going to approve a subdivision, or a subdivision is here to be considered for approval, what guarantee can we be sure that there is access because we're going to be serving that subdivision and the fire department will be using that for access to provide service so Mr. Fox's statement was that there isn't no way that that can be actually enforced as far as adding any requirement to build it and you don't have it on that subdivision plat that has been submitted to date. I think what Mr. Fox says upon sale of Lots 1 and 2 on this subdivision that there will be a representation from the seller purchaser that there would be some sort of constructed access. Your question was could it be shown on the plat as a condition and the answer to that is yes. It can be shown on that plat as a condition and it can be specific as the type of construction it needs to be. As long as the requirement is reasonble to our circumstances, yes. Is our road requirement like we got the they're looking at a 30' easement in there. Are we taking and if we follow the city's present road standard requirement, is that reasonable Mr. Hayes? I think under the circumstances it probably would be. So then in there we would actually take in as far as the easement in as far as the easement on the plat that it's been shown and submitted back on the 8th of March we have brought a road easement in there but it does not provide any drainage the drainage that we would be using is the 5' drainage that is shown on the Fernwood subdivision or the resubdivision of Fernwood. So we would be utilizing that drainage that's in that subdivision and there would be no provision for a drainage in this plat as it's shown here and as it has been submitted, is that right Mr. Hayes? I see it spot marked drainage which again the 30' road easement I can see what you're referring to the Fern resubdivision. In other words the Fernwood a 5' drainage easement subdivision. I don't see that subdivision Fernwood is not shown you'd have to refer to the plat a copy of that in front of me Mr. Hayes. The thing of it is the drainage that is showing the arrow. It shows drainage going that way the direction of drainage flow. As far as a drainage easement or a drainage along the property which is owned in Mr. Fox's state could not transfer title or give a fee simple title. Then there is actually no way that we can take and give the 5' drainage easement on the west side of that property line between Fernwood subdivision and this subdivision shows The I have plat, is that right Mr. Item #2 Council Bill #116 Mrs. Gilbert will you introduce us on second meeting please. I would like to introduce Council Bill #116 on second reading and have the City Clerk read the title please. See if I can find it in my book. Council Bill #116 an Ordinance providing for the approval of an amended outline Development Plan and Combined Final Development Plan on property located at approximately 4020 Wadsworth Blvd., City of Wheat Ridge, County of Jefferson, State of Colorado. Mr. . Yes Mr. Mayor. Case WZ-83-28 the request it's a combination of request a) to amend a previously approved outline applying for a PCB which would be changing the uses in a PCB and approval of combined outline and final development plan of the uh the applicants are Roger Barsh 4020 Wadsworth Limited and Randolph and Clyde Currier. They are also the owners. The specific property in question is 48 Wadsworth Blvd. which is Wadsworth Blvd. to the west side a Jack in the Box would be directly from north Time Square park and shop subdivision would be from the south would be this area indicated in the the gas mark is the entire area covered by the original plan for development. The plan of course would development before you this evening includes only this lot, this lot, or this lot of this area here is the area that the City has purchased for a park. I have on the board behind us copy of the plans that are being presented and you also have copies of the later possession. I also have and will be going through those a copy of the original outline Plan. I have a copy of the subdivision plat and copy of the illustration two of Wadsworth Town Center master plan which deals with these areas. Approximate area of this site is 2.56 acres because it's only development that the present use of the side as combination there is a restaurant to the front which is in this place and remainder of the parcels currently vacant of the surrounding zoning on three sides is Seat 1 Commercial 1 to the east we have Bar 3 or 2 or to the catty corner. The various uses surrounding this site directly north we have general commercial, to the west we have general commercial, to the south general commercial, and to the east is multi-family and duplexes that are using also. The comprehensive plan for this area indicate a commercial activity center it is the Wadsworth Town Center, it's also an urban renewal district and is covered by the Wadsworth Town Center map plan. At this time I would like to enter to the record copies of plan zoning works case file package exhibit, would you accept it? Yes, thank you. Thank you sir. As I have indicated it's a joint request for mixed use combined Outline Development Plan the proposal is to have a two commercial sites directly to the east Front as you have it in your possession refines character of the development the character of the development is indicated in terms of park central style and also indicates the types of uses that are to be proposed. There is 42 dwelling units, parking building that is being proposed on the site, page two is the site plan of the landscape plan in which case of the residential structure submarine parking out in front our two commercial paths set off together. They're also tied together to the residential by a separate walkway. As you can see there is to the site as the drawing comes from Times Square and to the park and shop also through it is parking lot. Additional access to the site is from the rear drive that goes between -2- between 38th and 44th Avenue. You can see sidewalks circulate throughout the site in an east-west fashion and south fashion will gain access between the uses of the site in allowing for through access through the site to drive and perhaps to the west for proposed parking. There are specific site statistics relative to the site located on page two as well. As I have indicated, there is combination of uses also to the existing indicates the character of develop north central style of the upper profile of the proposed residential structure three stories. I would like to indicate that this page three indicates of chaise or metal typical of roofing which is slightly conflict with of the term metal roofing should be added on the front sheet. The lower cross section is the east facing about elevation of the "business" structures from our park looking to the east. As you can see it is garden level, cut into the portion with ground level commercial. It is my understanding that the upper level is to be a mezzanine type of facility that would be used by the owners of Page four is a typical layout of the residential structure and the commercial paths indicates relationships to our area , blind various use areas. Page five is number one survey and number two a whole lot grading plan grading plan. There has been a grade plan submitted which assumes the construction of a storm sewer by the City of Wheat Ridge that is the drain plan that has been approved by Public Works Department and in our report to you we indicate that should decision not construct the proposed storm sewer project that the an amended drain plan must be submitted by our two building permits or should be for desire to undertake construction prior to our actual letting of bids for that project we would also require that in the interim they submit a revised drain plan for approval from As I have indicated, this property does line with the Wadsworth Town Center, it is covered by a master plan, we have indicated there is that the master plan does indicate generally for retail by there's a combination of primary retail and secondary retail for this particular park zone. Primary retail for all retail which are tax uses that would be the front 200' which includes only Etta's Place. For the secondary retail for the ground floor which would be retail sales uses and all the floors will range with business uses offices if they're permitted. There's not a provision that in this particular client the utilization of the Wadsworth Town Center for residential and I would like to stand I would like to bring your attention to the original plan for the of 1981. That plan did fit the utilization of the entire site in three sections for general commercial use ( upside down and this one is too) correction, no. Use areas will be generally use area A will be in this area, use B will be in the center, and use area C will be the rear portion. In the original version of the outline plan there was retail commercial throughout the site along with this perfect parking and landscaping areas. As I have indicated, Public Works Department has approved has reviewed plans and has approved the drain plan, the Water Department has plans and has guaranteed issuance of a water tap. Wheat Ridge Fire Department has reviewed the plans. They indicated that one fire hydrant will be required, there is a fire -3- hydrant indicated on page two. Colorado Department of Highways has indicated the speed change lane will be required. They're suggesting one all the way from Kentucky Fried Chicken to tie into the north side of Pizza Hut relative to that proposal is that the developer should be required to construct that land in front of their property with this development. We have indicated that a revised range plan would be necessary to the City not to approve of this as proposed storm sewer project which does have a high priority respond and I believe this is almost fully completely designed and ready to go to bid as soon as we have approval to move on with that project. The retail uses proposed performance of commerce plan for the activity center. The definition of an activity center and commerce plan does include in that definition the utilization of multi-family residential within or at the edge of any commercial activity center. Therefore, this does apply with comprehensive plan. As we have indicated, the master plan separate division residential announce a plan and space unit that it must be used as a guide for review. That master plan I believe was adopted general 2, 1982. We do conclude that although not specifically in conformance with a master plan, the mixed use development as proposed will complement the tOwn center by providing people which mean in the center for 24 hours a day although we would not encourage initial residential development throughout the center as small enclave may provide a good mix and enhance the viability of town center. We have reviewed the site plan Ordinance #48 does require the issuance of site plan and use approval and this is in addition to a plan for development relative to that ordinance and to the PCB requirements I've gone through the access of the parking, the landscaping, the sidewalks assignage are indicated on the plan that we do conclude that the site plan meets requirements all the PCB regulations and ordinance 48. We also conclude the site plan that the site designed concept by providing quality type of relative to surrounding land uses we conclude that the general commercial uses are with other uses on the three sides that are also commercial and that the multi-family does multi-family uses good concept Relative to specific requirements of the zoning ordinance when calculation density we have had a charter unit which requires 21 units per acre. The project on total acreage basis which is 2.56 acres proposes 16.4 units per acre as one method of evaluating mixed use development as utilizing the entire parcel for the residential calculation. In another matter which the staff has illustrated is one wherein you calculate no commercial first and the balance will be utilized for residential. We have given you those calculations and we have indicated that in the second methodolgy is used there is the balance of the property taking out commercial will allow for only 40 units on the 21 units per There is approximately 4321 square feet of space short to that particular calculation. Fine commission have reviewed this proposal at Public Hearing November 17, 1983 and they have recommended approval with several conditions. Those conditions are indicated in your and resolution. All conditions that could be mapped have been mapped and inclusion proposal is and zoning we also conclude it is in conformance with the comprehensive plan or at least the spirit of the master plan. We further conclude that the technical requirements of the zoning ordinance have been met in -4- all matters with the exception of 21 units per acre. Staff suggests that this is a policy issue which methodology should be utilized in calculating against these mixed use developments. We have suggested two methodologies one which is utilizing the entire site, one which calculates with a commercial portion first and then attributes the balance of the property for resident purposes. This is not the last time that this particular issue will be before City Council staff has had several requests in the last year for similar mixed type developments so a specific policy on this particular issue does need to be established. We have attached That concludes the staff presentation. Thank you Mr. Mr. Mayor, I would like to assign this ordinance number. Would you do that please. Yes. It's Ordinance number 563. Okay. Staff can come forward please. Do you wish that I can name, address, both of you. My name is Randolph Currier, I live at 1934 South Garland Court. Do you swear to tell the whole truth and nothing but the truth? Yes. Thank you. Mr. My name is Roger , I live at 7350 Way, Golden. Do you swear to tell the whole truth and nothing but the truth? Yes sir. Thank you. Mr. Currier. I would like to refer to the of the Council to the drawing that we have the prospective drawing of the project behind me put up there. Thank you. And in addition to which has been built depicting the scale and character of the development, the organization, the buildings, and the circulation of site. If you would like I could put up poster to the Council. Would you do that please. Let's see. So that all the Council can see it. We lost a few trees for a presentation. The least the lawyer didn't do was that's what we usually get As Mr. Gibley indicated we propose a project that contains 42 residential condominium units of approximately 10,000 square feet of retail commercial space. In terms of concept, the design incorporates smaller scale buildings as opposed to a single structure with continuous smog lifting type of facade. We felt it was very appropriate to use this type of solution in that the park has become an integral part of this particular site and, therefore, we felt the particular development we have proposed needed something unique and something special and also something that would relate to a park type of environment. The residential building itself is separated from the commercial units with landscaped plazas which you can see from the model. The course residential development is to the east, the commercial units are to the west in order to maximize exposure to shoppers and traffic going through on the connecting drive. The parking accommodated in two ways in this plan. We have 42 spaces that are located beneath the condominium building itself in a situation and the balance of the this is to provide security type of parking for the residents of the condos and to allow additional landscaping on site. It really freed up the site so that we have roughly 24% devoted to landscaping. Of course, the balance of the parking is on-sjte and located to the north and to the south of the two commercial buildings and adjacent to the Etta's Place project which isn't shown in the model but is further to the west. The condominium building itself is actually two separate buildings, three-story buildings, which are connected by elevator four in an entrance lobby. On the east side, that's right there in the center, on the east side, the east entrance is basically oriented towards vehicular -5- traffic and drop off the people that live there from a vehicle, whereas the west side is devoted primarily to residential or pedestrian type of traffic. So essentially we have a split entrance designed to accommodate both types of traffic going to the building. Uh, the units are being designed to appeal to the retired, the empty nester adult type of community as opposed to a general purpose type of condominium structure. Thus, all the units are single level and they have designed features to accommodate the handicapped, such as, ramp sidewalks at curb , 2'8 bathroom doors, and qrab bars. In addition, the condominium building will have the following: it is planned that there will be a security entry system, a fire alarm system which will be tied directly to the main control station at the Wheat Ridge Police Department, exterior balconies on upper units, and patios on the grade level units, there will be separate enclosed storage spaces at each of the balconies and patios, each will have an individual gas forced air heating system and optional air conditioning, of course, as I mentioned before it has underground secured parking, at some elevator exits at each floor, and in addition, we find a social lounge, jacuzzi, and an exercise room. To clarify, we made a slight design change in the location of the social lounge. Instead of being at the mezzanine level of the commercial building, the larger commercial building, we decided to put the social lounge in the projected wing of off of the main structure and the jacuzzi and exercise room will either be located in the basement or in the garden level of the condominium building itself or as another projected wing off of, uh, off of the condominium building itself. of the wings. Right, located duplicate this wing. Exactly. The price range of the units we estimate roughly $60,000 per unit on the one-bedroom units and approximately $80,000 per unit on the two-bedroom units. In terms of quality I would like to mention a few things about the quality of the proposed development. I think we can describe quality in terms of three categories. One would be in terms of the design and planning of the project. Secondly would be in terms of workmanship. And thirdly, would be in terms of materials and components of construction. I think in terms of design and planning, I think we could conclude based on the review in terms of planning uh, the good planning requirements we provided adequate parking. I think in terms of the overall design concept it's a fairly subjective issue and I think you'll just have to draw your own conclusions as to whether this is a good design or otherwise. In terms of workmanship, uh, we see workmanship as a function of the quality of the the contractors and subcontractors that would be working on the project and a function of the specifications that would be prepared for the construction of the project. With this in mind we anticipate hiring thus, thus will contract with we can get to construct the project and, uh, we plan to do the supervision work ourselves to make sure we get a good job. And thirdly I'd like to mention some of the materials and components of -6- construction which we plan to incorporate into the project. The entire project, as you can see from the , will have a brick exterior, we plan to have R-19 and R-30 insulation in the walls and ceilings of the unit, we plan to have double-paned thermal windows with, uh, baked enamel finish, we plan to have oak cabinetry in the units, we plan to have di~hwashers and compactors in each one of the residential units, uh, the two-bedroom units are planned with two full baths and in addition, urn, nope there's nothing there in addition. That's it. Um, I'd like to address the issue of density briefly. Uh, we've reviewed very carefully the density issue of the staff, we've consulted the City Attorney, and uh the conclusion that I believe the City Attorney reached as well as our conclusion that we have roughly 16.4 units per acre as overall residential density and the additional uses of the restaurant at Etta's Place as well as the roughly 10,000 square feet of commercial space is in keeping with the concept of a planned unit development, uh, in looking at the zoning ordinance there is no minimum site size for the commercial uses, urn, I think we were able to accomplish this type of solution by virtue of placing our parking underground. Under the final conclusion, urn, it's the City Attorney's opinion that we do conform both to the zoning ordinance as well as to the charter referendum in a manner that was recently passed. I'd like at this time to turn the discussion over to Mr. Barsh who will answer and describe some information about marketing research and financing. Mr. Barsh. Okay,. One of the concerns that uh I've had is is this a viable project for because uh, will his we've Owned this land, Randy and I, some other partners, since 19~ We spent a great deal of time, believe it or not, in getting out of residential zoning and can see one of the issue PUD and the sale of the drive or the park of the city with this demolition of the apartment building, one small office building that were on this site, and of course, the creation that the of a the Etta's Place lease on the front of the site. I, uh, Randy and I engaged the marketing consulting firm of KRC Communications Inc. They're a Denver and front range uh real estate marketing consulting company and they have, and I would like to enter into this time as I don't know what you call it, matter, , yeah, give it a record, uh, their copy of the initial marketing proposal review of this site and then I'd like to take a few minutes as to read it this is an abbreviated form and outline so it won't take very long. Okay, would you hand a copy to the Clerk please? I don't have and I'm sorry this is sort of I don't have a copy for everybody. But I'll I'll read it. Dear Mr. Barsh: In view of your development plans about Currier sUbdivision, I find many factors which coincide with the needs of the immediate neighborhood and surrounding market area. They are as follows: Factor One: The demand and need for affordable and secured housing for the retired elderly person in the west Denver marketplace and a point being made. As of this date, the majority of new elderly housing has been an expensive golf course type communities in southeast metro area. Point -7- B: The market demographics within five mile radius of Heritage Center site. The immediate market potential moved down buyers whoever they are support a project this scale. I believe what he means there are people who selling a full residence with yard, etc. and moving down from into a smaller condominium concept. Factor 2: The accessibility of proximity to the development site to the daily needs to the retired and elderly points under this factor. The adjoining neighborhood offers all necessary shopping and entertainment facilities. The proximiate, proximity of major arterials offer residents easy access to the entire metropolitan area and points beyond. Point C: Studies have found that the majority of retired, elderly people who do move down to an easier, safer lifestyle prefer to relocate close to their original residence as possible. Third factor: The architectural design and landscape aesthetics of your plan in relation to the contiguous properties. Point A: A low profile structure combines your commendment to blend your material color scheme into the neighborhood will provide a pleasing focal point street scape. Point B: The park like landscape program the outline will only serve to beautify the proposed park the City has planned for the near future. Factor 4: The utilization concept for commercial space in the homeowner's association covenants. Okay. Job lining your plan. The ideal open to the commercial space could provide services service centers for the elderly owners and the neighborhood. Point B: The homeowner's covenants you have provided for protecting vessels of your buyers and value the neighborhood. This is a last factor. The concept of limited retail more professional service businesses for the commercial space. Point A: The existing neighborhood appear to be a somewhat overfilled state for retail space as vacancies will indicate. Point B: As planned, the commercial buildings do not have adequate visibility or access from Wadsworth Blvd. to support drive-in or walk-in retail. Point C: This entry has proven that successful mixed use residential commercial projects of this type. That's important. This is to provide either services or goods which the residents or existing neighborhood needs. Point D: Proportionately the ratio of planned retail space as to more professional space is at maximum. To offer more retail space would create an inbalance in this ratio and cause a high vacancy risk. That is a summary from our marketing consultant which I have gained considerable confidence in in the impact of this design. The curvier, linear drive in location will eliminate Wadsworth as a viable source for retail trade. We've been told that many times over. We have provided for retail access off the drive to the north and south. We feel this approach demands a unique design which will offer high visibility for the adjacent centers. We're relying significantly on the adjacent centers as opposed to Wadsworth for our trade. Uh, financing considerations, again in 1978 we bought the property, in '79 we put parts of the property up for sale and deemed it inappropriate for us to develop. In '82 we were successful in the zoning and the uh connected drive construction which occurred of early '83 I believe. In '83 the concept was developed, refined. We have received much support uh, a lot of financial support that is as of this date we have no commitment for construction. We intend to develop ourself because the support we have received from uh marketing people, such as KRC Communications and other people who eventually will invest in the property for the construction. -8- We do intend to build and sell this project now as opposed to having a a rental kind of situation. As a matter of again getting back to the density and the amount of commercial space. Just as an aside these numbers probably aren't terribly and totally accurate, but I believe they're close to correct. There's a C-l project that is evidently full to permit immediately to the south of us. That project is on approximately 87,000 square feet. They are building 14,000 square feet of retail space. This faces a single structure the term was Monolithic Monolithic as your I'm sure you're aware is an extension of the Hancock Fabric Store. This project comes within 30' of our property line and totally isolates the backside of our property from view from the Park and Shop Shopping Center. as part of its construction and this was a consideration that the marketing company took into effect when they developed their plan. We are. We have approximately in the Blocks 2 and 3 exclusive of Etta's which is totally right now is being used for that development. Approximately 85,000 square feet, uh uh, land space and we're putting approximately 10,000 square feet of retail space on it. The reason for this the uh smaller amount of retail space is pretty much a design consideration because quite frankly we can make more money off the commercial space than we can off the residential. Uh, because the curvilater drive, the monolithic structures totally ???inappropriate in a single structure design line doesn't work out. Therefore, we have constructed the two buildings that sort of hit around the drive. Uh, we feel that we need to look out the Heritage Center design as part of the entire project that runs from 38th to 44th. We are not alone, our design encompasses the uh the provision for the residents of utilization of the entire facilities at the Center from 38th to 44th. We have the the principal never developed the last piece of farmland that is in that area so we are totally new development. But we, we are looking at this project from its viability not only to excel to the entire neighborhood, uh, commercial neighborhood and uh, therefore, we uh, you know are asking your consideration in the zoning changes under the PUD. This concludes my presentation. Thank you. Anything else Mr. Currier. We're willing to answer any questions We'll come to that. Just a little bit. There's a people to speak here. That concludes that portion There are two people here to speak in opposition. would you come forward please. Miss Fleming would hand, state your name and address please. couple of other of the hearing. Miss Lillian Fleming you raise your right My name is Lillian Fleming, 6363 West 9th Avenue. Do you swear to tell the whole truth and nothing but. I do. . a6ppr ~ l?aqM '~aa~~s aSl?qJ vIDE ~l? aA~l I pUl? 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OqM s~aAl?dxl?~ aq~ s'r MON 0 ~~aro~d :+~l?d s~q~ ~~l?d IIl?illS s~q:+ uo S~l?TTOP 000'009 ~o S-Z ATq1ssod MaN oAaUOill JO illns 8b~~T e 0:+ ~OJ s1q~ :+~oddns O~ 6U10b e~aM suaz1~1o aq~ 'e~oJa~aq~ os~~aro~d Te~~~eillillO~ AT1~l?ill1~d aq o~ a~aM Aaq:+ pUl? s~~ero~d Tl?~~~eillillO~ pUl? :+ueilldoTa^ap pauueTd eq~ q~1M bU1:>f.~OM a~,aM qn 'a~oJa~aq:+ 'aM 'qn puV oA~~J eq~ o~u-,: bU10b saxe~ pesl?e~~u~ e^l?q ~.UPTnOM aM ~eq~ aSl?q Xl?~ b1q e a^l?q ueq:+ PTnOM q~~qM :+~aro~d TeM8ua~ ueq~n ue bU1aq ee~e pe:+qb1Tq paTTl?~ os s1q~ U1 AJ1~snr 8M '8~OJa~8q:+ puV 0:+uailla^0~dill1 Tl?1~~aillillO~ Tl?ill~OJ aq:+ U1 papl?~bdn aq 0:+ bu~06 seM ~a:+uaJ UMO~ aq~ ~l?q:+ UO-'::+08TT008~ Aill s1 :+1 ':+ueilldoTa^ap s1q:+ :+noqv Oilln o~e:+Sl?Td 06U-'::>f.JOM s,:+1 osax obU-'::>f.~OM ATTea~ s~q:+ s~ :+eqM oeq:+ 0:+ aillO~ pue su01:+sanb sn01~as eq:+ dn 6u1~q pa~nsse aq OS 0:+u10d 8q:+ 0:+ :>f.l?eds eq:+ 0:+ bU-':Ob au06 ~snr e^,aM :+l?q:+ bu-,::+eeill 6uOT aq:+ pue ~noq O~ a:>f.11 PlnoM 1 pUl? ille 1 'q6no~ln a:+l?T eq:+ JO Me-,:^ ul osex 06u1illald sS1W -6- -10- Do you swear to tell the whole truth and nothing but the truth. Miss Thompson. Yes I do. Mr. Mayor, members of Council. I have a letter that I would like entered into the record. This is to the City Council concerning the Heritage Center Planned Development. Mayor Paul, at the suggestion of violating the city charter by contrived method of computation in which the amount of 4,321 square feet of one use is superimposed on another and the charter space requirements are "met" only by the violation of the ordinance requirements of the under use. The alternative suggestion of reducing a number of apartment units is a proper and legal way to comply with the charter. We are deeply concerned as to the precedence this will set for future cases of mixed use development. This is from the Wheat Ridge Charter Amendment Committee and I'd like to give you copies for your consideration. Would you give it to the Clerk please. I certainly will. I would have one copy. Does that conclude your remarks Miss Thompson? Yes it does. Thank you. I'm sorry. Is there any question of the applicants Mr. ? Yes. Would both of you corne up please. Just a couple of questions. Mr. Currier if you remember during some of the original discussion on your property and also on Mrs. Dunaway's property, one of my concerns was that people can start at the Park and Shop and walk the full distance and as Time Square develops and becomes a more viable center, I understand there are some plans in the mill for that, and Mrs. Dunaway's property developing, if it's corning now close, can you show me exactly where Miss Dunaway's development Current development is on this property line, Mr. Okay. And r'm not sure about that here. would be approximately Okay. Okay. We have. We will have a sidewalk that's required and we remove the asphalt that is is existing and we place the sidewalk that will run -11- the full length of this property. Yeah. But we. We intend to, if it's possible and the timing is coordinate that with Mrs. Dunaway, and I believe that there's our original art plan of the sidewalk with that this property. , to also on way on the What my concern nice and they connector drive. is is you've got the commercial buildings and they're back that way. But they don't front in the This is the connector drive. I know where the connector drive is but what's that, a garage door? What here? No where Randy No, this is a garden. That's a garden level. This actually has three levels. Yeah, but do you walk in from the side or do you walk You walk in either way. You can walk in on the garden level, you can walk in from the front. That's the only entrance. As far as the upper level, you come up the stairs, and you can walk in from this side or from this side. Okay, is it going to be the kind of retail that you walk through there you can continue the shopping from one center right on through the other. Absolutely. I'm sorry. You can. Right. It bothers when you talk about reduced retail and more of a service retail that serves the residents in the To conserve retail is that's the marketing cons, we have in the PUD and in the ordinance that came out of the planning commission the restriction on all ground level uses to sales tax of generating retail. We obviously intend the following. Can we listen to what you presented which are basically in conflict. Because what you're saying the marketing people are saying and what your plan says are pretty much different. You know, I want to see those two -12- buildings, if this plan were to go, buildings that you build produce sales tax revenue. I can understand the need for the residences in the back of Mrs. Dunaway's building a building there is going to cut off the back part of the property. I think what it boils down to though is what the marketing people say and what we decided to do don't necessarily coincide. They've given us certain recommendations, and we feel that this is liable for retail, ground floor we're going to definitely have to put in retail. I don't think the second floor is going to lend itself to any retail. It's going to be some sort of service establishment. This one could swing either way. We think that one's got to be tax producing retail because that's going to be the continuation That's, that's obviously you know up to the City Council. One thipk)I'd like to bring out. You don't bring it out, you never have. Is thlii is one part of another whole project that in front of this project is a significant high density retail building. It's producing, I would imagine, a reasonable amount of sales tax. My lease doesn't you know count for that. But I understand that what you're saying it is our intent that this service retail, I guess that I envision things like jewelry shops, clothing shops, now they may service and have a you know beforehand a , of course. I don't want to see why this was bothering me is the part of doctor's offices, medical buildings, dental buildings. Sure. You know that type of thing concern I had and I am full middle of one of our not the answer. is not going to function there. The other support of senior housing but I think in the activity centers, senior housing is not I disagree. To me I don't know if senior citizens will We're not talking senior citizens. I mean that's a talking about anybody who wants to move in to a condominium have kids, because that's basically the venure. There's no facilities . We're and doesn't child I understand what you're saying with empty nesters. But you're also talking senior and handicapped access and it sounds to me like with more of an emphasis on the senior aspect of it. And I think in this location, the empty nester, single or no, no children families or something. You want somebody who's going to spend money in the center and have more of a spinoff. You know, I'm not sure that's going to be the prime location for senior housing. -13- I would have to disagree. I think this is the ideal location for that type of development for a number of reasons. Number one, these people don't have to get into their car to go shopping. They can walk directly to the shops. They'll even have shops directly in front of their complex. They can go to the grocery store, the popular store, you name. They've got a park right in front their, their project. Hopefully that will be developed soon. Do you think this is the ideal location for that type of housing? We're getting, we are getting support for that from a number of sources that uh deal in this kind of uh development. They think, the general consensus of feeling is that the fact that the other two centers are there and offer such a variety of services and retail and whatever, get your hair cut, buy your prescriptions. That makes the residential much more viable. Most of these uh, uh, centers were put out of their rather remote area, that would transportation problems, etc. I'd like to address an issue that was brought up by one of the ladies that spoke. And that is the issue she's talking about. Why are we putting completely commercial retail construction on this site? When the park came into existence when the park land was sold to the City it changed the entire nature of the site. First of all, push the property line back to where we were not at a competitive advantage with the adjacent retail construction. Secondly, and it eliminated a major portion of front parking outer front of any proposed commercial retail development. So those two disadvantages were severe disadvantages that forced us in to rethinking the design and how this whole site should be approached. And this thinking was recognized by the planning commission and they felt this was a unique site that required a unique design solution. And that's why we're presenting what we have. Any other questions Mr. ? Mr. Yes. Mr. Currier, would you point out to me please where the entrance to the underground parking would be in that facility. We have two entrances to the underground parking. One of them comes out to the existing easement that runs through here and would be through here. The other entrance is on the backside of the property. That's all right you don't need. It's the connector that has to that will be constructed eventually from 38th at one point. Are there planned drives on either side to the complete rear of this building? The uh, we, right now we have an easement that runs all the way through from 38th to 44th. The uh, there is construction, paved construction on the Time Square property. There is not paved construction from this point in the end of Dunaway's property. So we're either going to have -14- to uh build that ourselves or get come through this way. or just have the people The 30' between the property Dunaway's proposal is a facility to the back. line on as I understand it on Mrs. to take people from the front of the Once she develops it. Once she develops it, it is not a choice now. Do you have in place at this this time what type of retailing will be in these front buildings? We don't know because we haven't leased up the space and we haven't pursued that uh opportunity until we find out we have a go on the project. But we do think that the unique character of the site being adjacent to the park and an extension of the park, we don't feel we'll have a problem of getting that space leased up with good retail merchants. We feel that this is the, there's some problems in that sector. There are some vacancies. We were running a risk that will be part of those vacancies we trust not, we'll have new space, we have what we feel is a very unique design and we're striving very hard for some commitment from people in the area of the retail sales generating uses I'm aware of your need here in the city for that and I'm totally sympathetic with that need, but if we were to build this and I the many months ago with a totally different design that encompassed retail on one floor and is several stories above that in a single building and the referendum in the zoning issues vio you know that violate them. It was inappropriate so we sat down and then said well wait a minute let's re this and we carne up with this particular plan. We are bound by whatever ordinance you people prepare on this path, or on the project's behalf and if it's restricted to retail, then we have to do that or it out. You know, that's all there is to it. One last question. You mentioned the sale of the units. shouldn't you propose to lease the retail Uh, uh, We did the entire project as our condominium basis so the retail units can either be bulk sold, leased, or sold as individual, uh, retail sites and we would probably pursue each and everyone of those. They would be controlled by the covenants in the declarations of the homeowner's and retail owners association. So we'll pursue all of those but right now it's a lease Too, I step further. The commercial condominiums subdivided into different units so that it will allow us the maximum flexibility in attracting tenants either for lease or for sale. So for example, the smaller buildings divided into two units, each unit having a basement. Somebody can buy the entire both units together or just one - -!s-- C-16-) --- of two units. So we tried to maximize the flexibility so that we can attract viable businesses in that uh, in that location. I have no Wes This have more questions and that is the 21 units you have per acre, is that correct? I'm sorry. How do you count it. Do you have 21 units per acre? We have 60.4 units per acre. In other words, what we're showing on part of the site, the balance of the site is the Etta's Place property which have additional parking ground. So on overall density, we 60.4 units per acre. Are you counting the commercial property also? Yes. Now we again, we have some long discussions and I don't know. We have relied on. assistance is hel and we have so you know it is sort of a never never land and I certainly appreciate what the density people have to say. But we uh you know, I I can't feel I can answer that. We have to either accept or reject your answer obviously. But we have uh designed these buildings, you know, you just why cut off and add units as such, we had originally I believe 48 units and we reduced the density down to 42 and redesigned the entire residential structure, uh, cut them down and put them up like popcorn really isn't easy but the point they're making, and I don't know, is that there's a hundred and some thousand square feet in the total package and when you throw out the Etta's Place, the Lot 1 in is existing prudence. And we have, Glen went through a computation which mayor may not agree with. There are certain things we're doing, for example, uh, Glen indicated a multi-family housing that has no landscaping requirement. Mr. Gibb I guess I'm confused. I cannot see you have commercial That's what Glen's saying. Your commercial commercial you have a residential R-3. zoning on just the R-3 part for R-3. Why don't you ask for a Then let me ask. -16- I think I can answer your question a little bit better. First of all the original property was zoned for R-3. Secondly, the uh residential density in terms of the total size. That's how we got 16.4 units per acre. Thirdly, the purpose of the PUD is to allow flexibility in planning. So if your own ordinance says it, when you consider other uses on multi-use site, you look to the uses in similar categories zoning uses. Now if you look to the commercial use regulations, you look to the area of the lot. The zoning ordinance says there is no limitation either maximium or minimum. In other words, we don't have to lot size for the commercial development. All we have to do is meet the set backs, we have to meet the required parking requirements for all the of the uses on the site, we have to meet the height limitations, and we got all of those requirements. And the very purpose of this of this, uh, planning and development is to consider this type of development. We're not saying this is strictly residential, we're not saying this is strictly commercial. We have that situation as allowing the ordinance and thus we will have to plan to interpret by Mr. Hayes. You can answer that so that questions pointed out the only variance that has come out of this is the one that Glen has put in the proposal. Uh, the ordinance. We do not necessarily agree with that need. That is our difference, and I don't know if there are cases , we just don't know if we can rely on the City Attorney in that respect. Can I interject at this point. Yes. There's been a long history of discussions with Mr. Currier, Mr. Barsh, and their attorney, Roger Johnson, myself, Mr. Gi , and I don't think we've ever come to a final firm agreement on whose interpretation of this is correct. Uh, Mr. Barsh and Mr. Currier do not agree with the accuracy of the staff presentation, uh, that's been made to you. Their position, and I'll certainly tell, you know, feel free to tell Council if I don't state this correctly, is that they may develop 21 units per acre on the entire site and commercial as well. They have comprised to the point where they are willing to uh come to the point where there needs to be disposition made of the 4,321 square feet one way or the other, either by limiting the number of residential units to 40, or by making a waiver or variance or dual application of that amount of square footage, but they don't agree that that is even necessary. They think they are entitled to develop those 42 units without waiver or variance whatsoever. Is that an accurate statement? I can tell that's correct. If you want me to despair of the law of PUD combined use development. Unfortunately, our interpretation is the ordinance does not specifically address mulitple developments. I think in addition we're relying upon the fact that the planned commercial district uses may include the residential development and -17- approved by the planning commission, and we were approved by the planning commission when I felt that this was a viable and very appropriate uh use of development for this particular location. Anything else Mr. No thank you. Miss Stowe???? Well this isn't a question, just a comment. But I don't agree with your interpretation. The intent was never that anybody could use a point. Urn, I have question, though, regarding your statement that Donna Dunaway's proposal would block your view, the view to the building. I don't understand her building. Hm? Her frontage comes within 30' of our property line. I mean her side, her side, her south side, north side, and her frontage is almost up is up in here. So from the Park and Shop, then this part of our property cannot be seen unless you're clear at the north end. I know, but Mr. Barsh, every shopping center you ever see, pick Villa Italia for example, has all the stories in a row and no one can see anything but the front of the building, you can never see the inside or the back of the building. I mean take J. C. Penney or Joslins or anything. We can't get If your building, if your building was commercial and up towards the front, it would be as visible as anything as anywhere in any shopping center. All right, then I have been to many bank. All right. We can not get financing or any interest whatsoever in that type of project. We have gotten some very excited people over this kind of a project. So that is again another consideration. Also the comment as to the uh, if you'll look to the uh ordinance that came out of the planning commission they discussed a little bit about their reasons for approving and they talked about limited access, etc., and the marketing people , I'm not the expert. The marketing people are also the ones who are-telling us that same. I think you're trying to compare original shopping center to a smaller type of shopping center. If you have a large regional shopping center like the Sou~hwest Plaza Mall, for example, you can bury shops inside the building and you're going to attract enough people to that complex to generate the sales. We're not talking about that kind of a complex here. You're entirely dealing with two entirely different animals. -19- Here you have to have the exposure. This is no different than than the Applewood Shopping Center. I might add that Mrs. Dunaway's extension on typical and typical construction. nearly as deep as the uh Handy Dan reason. There's not enough frontage to get hers is only 1 in So she is not making hers for that reason the same the depth in In addition like the Time Square, you have internal shops there and check the vacancy factor. Of small shops yes. But large shops. That's what we're planning here. I have a question. On the second floor of your commercial building, if you have changed your plans and your not going to have the social lounge, what is going to be on that second floor? That would probably be service establishments. That's that homey 900 square foot piece. Okay, I have a question either for you or the staff when we get to it. As I read the plan, that building is only counted as 3,600 square feet. Have you counted the space in garden level and on the second floor to provide? 3,600 square feet. That's the small. That's the total square footage of the two buildings. I Well, I'm looking at the list. It says commercial unit. Oh yes. We've broken those down into unit squares Well what I'm asking you is when you computed parking, did you allow parking for second floor. No. That's not what the 900. We have 150. You see our parking requirement's 131. 131 is our requirement now. We have 135 total so we have a little bit excess parking. The 900 square feet I think takes two more parking places which will increase our requirement to 133. -19- There's only 900 square. Yeah on that level mezzanine there's only 900 square feet. Okay, now what about the garden level? The garden level is included. I've noticed something wrong with my arithmetic Mr. Barsh. 1,800. Where is the? 30 x 60 is 1,800 Where's the garden level? for it. I just want to know if you provided parking Okay it's the 3,600 is the upper level. We have since cut it into two 1,800 units. This is the garden level, this is the garden level, then the 1,200 and 1,200 are the is the other building. Yes, there's only two units in it. Now let me ask you about your basement storage. Are you going to have 1,800 square feet of storage? Well, the requirement won't be that big. Can't attack me today Okay, I'm sorry. Uh, we're going to have basements under these units. Uh, they will probably be storage, but they would be restricted to storage only. Storage of of what? Inventory of the stores. I have no dealing basements in under the design. We know we can't rent space. We know we can't attribute them for density. not have value, but we mayor may not construct them, depending on when we go into final design. We put them out as retail They mayor may I guess, No let me qualify that. We're going to construct the basements, and the basements are simply storage for the units up above. They have no windows, they have stair access from the inside, and they have exterior stair access. Okay. That was my question whether they needed any parking. Urn, what happens about your shared parking if any of these lots are sold individual? What's kind of? This is a PUD. So I don't think we can do that. So we will have Lots -20- 1, 2, and 3 under the PUD. The only certain. You do not envision selling except as a condominium? If we do sell anything off of the Etta's Place and we have shared parking arrangements we would have recorded instruments to cover the shared parking. I wanted to ask the City Attorney whether that should be made a part of this plat. The parking. And while you're the landscaping Under the circumstance they mentioned that is placement sold, I think that uh they've indicated that would be their intent. I think that can clearly be As far as splitting the property on Lots 2 and 3 there would be no way They would be under the master association. That was really thinking of The Etta's Place. Yes. Right. anything. Mr. Yeah, Mr. Barsh in the report of Public Works Department it states in there about qrained plan, if this would be approved when you planned to do construction. Uh, well we have to get some financing first you hope there will be spring. Okay, so, uh if we could ground break in April or May we'd be sitting in pink. Okay. City staff on the Public Works comments against about the drainage that you would be required to submit something in there. Do you feel that your construction completed prior to the City putting in their their grange work in that. drainage plan or will be grange or doing I doubt it. But as a back-up, we have already submitted the closed study for that secondary drainage plan it required to the Public Works Department. They indicated that would be adequate for the time that it need if we did coordinate we would have to give them the plan itself. And so we're in position to replan the drainage if that's appropriate or see how far along the City is and perhaps you know enter into an agreement that we will go so far, whatever it takes you know. In other words you're telling me here tonight then that you are set up in other words the City does not construct their drainage program and it -21- should be delayed for let's say two or three years. Your financing will allow you to go ahead and do your project and provide adequate drainage and you would set up proper financing to take care of all that situation if it was required of the City if the drainage was not installed. You mean in terms of required depository payments and things like that to the City. Yes whatever the City would require. I think we're in a position our our engineer say has provided flow studies uh the recommendation planning was that we needn't submit two drainage plans a with draining system and without draining system so we feel comfortable that we can accomplish that. Okay, thank you. I don't know how much you're going to charge us though? Miss Yes I have several comments and a couple of questions. Uh, I agree with Mr. Merkel. I think he brought up some real valid points that residential aspect and urn possible complications. It seems to me that um it's located in an area where right across the connector drive, we're going to have a public park which is designed to attract as many people as we can to help the commercial. So we're going to have a lot of flow of people going back and forth. And, if I were going to buy that condominium, I would be concerned about that kind of traffic. Well, fine. We have talked to several real estate types and the kinds of things that people are demanding, uh in this market area we're selling to. One of the main things is security issue you're talking about. That's why we've gone to great lengths or we feel we've gone to adequate lengths to insure the security of the building, that's a marketing risk I guess. Uh, the parking underneath will be secured to major access for from a street viewpoint for the residential structures on the east side is faraway from the park, etc., this could be located and then the secondary or access to the retail area the balance of the shopping center and the park is from the west side. I would like to respond to your question. What has been the City's experience on existing parks in the City of Wheat Ridge that area located in residential districts. Have you had increased crime? Have you had problems? Is this going to in other words There have been some. I see this as different though from a park in a residential area in that the urban renewal, this kind of brings me to my second question. The urban renewal authority has been working hard as you are well aware of the park right across the street from the connector drive and should think that that would make your land very visible for commercial, especially if you design it in a semi-circular -22- fashion or something of that nature. Um, and you would not have the two front buildings kind of hiding back when you would rather have them in a semi-circular nature or laid in a landscaped area. It seems to me that you have an advantage that almost no one else in the whole that whole township area has. That's very possible. Um, I'd like to go back to the issue about the park and generate This is proven fact that the way a secure neighborhood is with people who are watching what's going on and not with uh police forces and patrol cars who really can't monitor every single residence or family in neighborhood. I've lived in condominium projects where there were repeated vandalism and burglaries until a neighborhood watch program was introduced. In other words, it takes people watching what's going on to secure a neighborhood or an area, and we feel this is exactly what we're providing. How do you feel about the possibility that the park by its location would provide more visibility for you commercially. Yet it really doesn't, if you look, if you drive on Wadsworth Blvd., for example, you see a large number of trees. The largest number of trees is in this location right now. In effectively, it to visibility on this site and combined with the fact that we're pushed back, uh uh, further than the other developments in the shopping center makes it a disadvantage. And what else can I say other than the fact that we don't have parking in front. If we put parking in front, we push the development, the retail development back even further, and uh, that's a severe disadvantage. We have agonized over this design to great lengths, and I certainly appreciate your comments. We have been in the, inactively or passively working on development or disposition of this property since about 1980, and this is the most positive statement that we have been able to make in considering Wheat Ridge, the current economic situation is that we're very high on this. We think it's an excellent project for all of Wheat Ridge. May be standing on its own you feel its a whole bunch of retail, but I would hazard the viability of leasing out the significant portion of retail in addition to this in any near time frame. I have problems with it. Um, basically because I know that urban renewal has worked hard to try to upgrade the area specifically for commercial and a speaker earlier made a comment to that, and I think that's a valid point. Um, also I think Mrs. Snow made a point, too, when she said that that commercial part of that's commercial and want the commercial part of it's residential and we want it residential. It's really not unfair to ask you to decide what you want for what and not use the commercial to establish how many units for residential. And, if I were to go for it, I think that I would recommend that we go to the 40 dwelling units as is in the Charter. They uh, the controlling factor here is the association that takes Deed to the land when the project's done. And the other, the only other way -23- to accomplish is a PUD, what's always been, uh, PUD concept. The only other way to separate these is a subdivision and we don't think a subdivision is appropriate and I never have any that councilor staff ever recommend subdivision. They have always felt and indicated that the utilization of the homeowners and commercial owners association would be the governing control here. I'd like to answer a question in another way. The, uh, the approach of the planning staff took to establish the 40 units or come up with 40 units was a mechanical approach that said they have x number of square feet of commercial so you need so many parking spaces, you have a restaurant that requires so many, you have units that require so many, and they worked it backwards. Our feeling is that that tells us we have, you know they carne so close to what we came up with, that says we have a viable, workable plan. In addition, by putting parking underneath the building, as I mentioned before, we opened up that site and allowed 24% landscaping on it. I don't see too many buildings in that shopping center that have that kind of landscaping. In fact, I would urge the council to to ask the staff and encourage the staff to get the rest of the shops and owners in this complex together to get that special improvement district formed, the get the landscaping in, to get the control to the parking areas, and operate the buildings. We feel like we're putting in a very quality development, and we'd like to see the rest of the development come up to that type of quality. Anything else for this Yes I have two things. Urn, I got confused. included in the square foot. Did you say Etta's Place is It is. It's included in the overall square footage in terms of land, in terms of parking, and building footprint. And uh secondly, you said there was services establishments that were planned for the second floor. What do you mean? We feel we feel that retail requires access from the ground floor. What do you mean by services establishments? For example, this Or medical? Barbershop? No medical wouldn't work. Medical requires too much plumbing and It's only 900 square feet. It's going to have to be something like a hair salon or something of that, yeah that's sort of what we would envision or there or office -24- Okay thank you. Mr. Will you , pardon me, will you point out the location and the number of parking spaces for the handicapped. They're not shown on this plan, but as I recall, we were required by ordinance to provide a certain minimum which we intend to do. I understand that, but as I counted and looked at the parking as you have on the print. There are no spaces for the handicapped, and if you include them, you would then be under the requirement. No we have additional space that allows us to extend our parking so that Would you point it out to me please. Sure. These two spaces right gain the additional space. I spaces. here we can extend the parking further to believe the handicarped requires 11' wide How many does it require ? It's 2% total. 2%. What's the total parking? 3 spaces. Did you include the uh, the residential. That's over You're not five spaces over your own 2 spaces. 2 spaces over And 2 spaces is 18' so that we've got more And if you are required, if you require 3, you're 1 under. And if you take up these other spaces, you're reducing the landscape. The plan is not sufficient as it is pointed out to us here. I also have to agree with several of the other council members that I do disagree with you being able to come in and say that you can use the same space twice for different computations. All the Mr. Gidley pointed out to council at the beginning. This is only setting a pattern that that's going to happen in the future. We're going to have the same thing here that we have with the Art 3 thing where people are taking advantage of the loopholes in the law, and we're going to have to tighten those up one -25- way or the other. And although you're not violating the intent of the PUD, you certainly are violating the intend of urban renewal. Urban renewal and that space would be for tax generating services, and this is not tax generating services. It's a multi-family development. Are you saying that on the parking spaces that, uh, the handicapped is in addition to minimum requirements? No. Okay, so all I'm saying is that we will allow for the 11' wide space. ~1r . one question. You say the access to the residential part of the is on the east property line. Is that? The uh, no the access is actually split. west side here There's an, uh, entrace on the I mean as far as the automobile. Garage. access on the west side and one access on the south. How will the presentation they said that the from 38th to 44th on the east property line that would be . easement. It's an easement. Yes. But it's an easement for more truck traffic versus traffic loading and unloading No vehicular traffic. Okay. What? But I refer to the Park and Shop. On the east side of the Park and Shop, there's an easement. The primary reason for the easement is for the truck traffic for loading and unloading behind the shops. Is that correct? 5 -26- Uh, presently that's correct. It's not going to be, uh, a connector for people to use similar to the use they would have on the east, er, west side of those shops. That's correct. The, uh, front's drive being used by vehicles entering and exiting the shops, mostly the rear drive, will be mostly for service vehicles. However, we do expect the rear drive will also be used by, uh, by normal automobiles. Uh, this particular development more than likely would utilize, uh, the rear drive to gain access to the east/west drive that goes out to Time Square, uh, or to the drive that would go out to the, uh, Wadsworth, uh, through that developing Buy you wouldn't, you don't foresee, uh, coming up 44th and 38th on the east side of the present buildings to get to and from this particular buil ding? Uh, it's possible. constructed. There's nothing to prohibit that once it's fully Okay, last time through quiCkly. Les. Mr. Mr. Any other questions. Davis. Okay Mr. No. Any question of those who spoke in opposition. staff. Down here. Anthing down here on staff? gentlemen. Any question of the Miss Snow? Thank you Mr. Gidley. Wadsworth. Isn't there a requirement for set back, uh, landscaping on I don't see any landscaping at all in front of the Lot #1 landscaping it shows, landscaping up to the building. building back any further. uh, an addition of turn lane, uh, Well we certainly can't move the and No I don't, but I have a picture of the landscaping plan. What is on there? What is it? I think it's sod. There is existing landscaping. You can't tell it. Just a blank space on the landscaping It says existing landscaping to be named. But I don't believe all that's there. landscape on the property owned by It's not marked on the drawing. Um, I want to ask sort of the same question I asked of them. By designating it as Lot 1, 2, and 3 in a PD. Is this non-subdivision also if they wish to to have to develop it I -27- may sell it Okay. Uh, Lots 1, 2, 3, uh, even if they sold it, it would still have to be remain under unified control from the standpoint of use. The, uh, uh, if there are any parking arrangements are All parking spaces, uh, throughout the development are for the common use for the entire development. We have certain lease arrangements which afflict to that. But our standpoints, , our requirements are that all of the parking requirements would be accessible to any of the owners That wasn't entirely my question. the property was developed. I thought they could sell it after Uh, they could sell, yes. Uh, they could always sell Lot 1, because, by uh, they could not sell Lot 2 because it would be going through the middle of the building. Yeah, okay. But then my question had to do not just with parking but with landscaping. Does Lot 1, if it's sold, had the minimum landscaping? I. I does. out. really don't have an answer for you right now. I doubt it, it The only way to get it is to take some existing parking spaces But aren't there more parking spaces on that that is strictly required by Etta's Place. Aren't some of those actually for the Every parking space that is there is required for Etta's Place. All right but in order to meet regulations, they could have parking on the other side of the street, could they not? On the east side of the drive. They could, yes. See what I'm asking is aren't they supposed to have minimum landscaping so that if they sell it, they've got landscaping? If they were developing. They are not in to developing Etta's Place. New landscaping is required for that portion of the project which is being developed. Our own landscape is I guess what bothers me is that we're adding the landing so that we can get around the charter, but we're not adding it in so they do anything else. You know, they don't have to do landscaping, they don't have to do the set back. Why was that not just left out in the amendments strictly on the portion east of the connector drive? If you say we can't do anything with it, why did we not just have to the amendment on that part which truly has a change on it? There PCB includes the entire parcel. They, and they wanted the entire PCD outline plan, uh, to be reviewed and approved in final form. Urn, -28- otherwise we'd have doesn't get the unfortunately. an outline plan forever. And, that simply doesn't or the intent of the plan for its development I guess what bothers me is that if you take off that parcel there is just enough room east of that connector drive for those 42 units with no buildings. You are short a lot more than just 4,000'. I guess it just bothers me. It's like coming in and borrowing the lot across the street and it in. You're not really short. nothing in the ordinance commercial development. it right here. I'll be You're not really short because there's that says if you have minimum lot size for In other words, we're just saying, yes I've glad to quote it to you. got Mixed use developments. Wheat Ridge has not seen mixed use developments. When you deal with cities that have have mixed use developments what you find is usually the specific requirement for parking permit in a specific requirements for foot Open spaces are usually common. They are counted twice in mixed use developments. I'm talking about common areas such as landscaping. It's it's quite common that the landscaped areas are common to all the uses and, therefore, you may use the terminology to count it twice as the way it's done. That's what planned unit development is all about. It is different than a free-standing development. And that's one of the advantages of going planned unit development. The community wins from the standpoint that you have a, uh, viable plan, workable unit rather than free-standing things which require a lot more asphalt, a lot more urn, utility extension, etc. any other questions down here. Thank you. Is the motion in Motion's in order. sir. One moment. Mr. Barsh has the right of a three minute rebuttal if he so wishes on anything that's said here this evening by those people who testified. Three minutes. Okay, thank you. Motion's in order. Yes sir, there are three points I'd like to make that I left out of my report. Number 1 on the front page, they indicated that would not be allowed. Uh, that term come off of there. They indicate that the old lady who lives there wants to have a little dog. So the elimination of test would be one. Number 2, the, uh, reiteration that the plan says, uh, the residential would primarily be utilized for elderly. That does not exclude other kinds of res of occupancy. And I'm afraid the front page indicates or a position route on the can also meddle with this, so that it would also be allowed -29- for the development. Motion's denied. Yes. I'm a little bit, Case # WZ-83-28 Barsh-Currier, an amendment of an outline plan and an approval with combined outlined commercial's development plan be denied for the following reasons. Number 1, the plan is inconsistent with the comprehensive plan in the Wadsworth Town Center master plan. The major goals of the master plan is to establish Time Square with a major city retail center and specifically to increase the city's sales tax base. For this purpose, the plan is designated the first 200' of the parcel is primary retail, the remainder is secondary retail. The first required retail sales on all floors, the second retail sales on the first floor. The residential condominiums do not meet this criteria. Two, a well planned retail commercial building at this location would have good visibility from the connector drive Item 6 Council Bill #146 Mrs. Snow. I would like to introduce Council Bill #146 to title. Council Bill 146 - An Ordinance amending Sections 10, 12, 20, 21, and 23 of Appendix A of the Code of Laws of the City of Wheat Ridge relating to Height and Density Limitations and the authority of the City Council to vary Standards and Limitations, and amending Section 28 of Appendix to amend the definition of "Family," all to achieve compliance with the Wheat Ridge Home Rule Charter as amended by the voters of the City of Wheat Ridge. Miss Phillips. Motion's in order. Uh, what Ordinance number will this be, Mrs. Sang? 5 590. 590? I move for the adoption of Ordinance #590 to take effect one day after final publication. Second, second by Miss Keller. Discussion? Hold the council please. Motion carried 7 to 1 with Davis voting no. Application of Randolph Currier for approval of Final Development Plan within the Currier Planned Commercial Development (PCD Zone District), located at 4084 Wadsworth Blvd. Uh, anybody who wishes, anybody who wishes to speak tonight on any item on the agenda, must sign the sign-up sheets in the back of the room. Okay. Mr. Yes sir, uh, as indicated, this is a request for approval of Final Development Plan within planned commercial development. The applicant is Randolh Currier. Urn, get it out here. The location of this, uh, this proposal is within the Wadsworth, uh, activity center. It is that area in the dark black area included Currier is, uh, or Wads, or Wheat Ridge TOwn Center park is in this area, Wadsworth Blvd. several hundred feet to the west. Uh, approximately one acre, it is one of the lots within the Currier subdivision which consists of four lots of the park being one of those lots. Urn, as present use of the land it is currently vacant. The variety of zonings around the site, uh, commercial one surrounding the site on three sides and R-3 directly to the east and some R-2 so much of the northeast. Again a variety of land uses surrounding the site, urn, general commercial on three sides, north up site is, uh, within this dashed line you can see connector drive here, we have Time Square to the north, uh, park, and then, uh, retail commercial restaurants to the west, uh, general commercial further to the south, vacant directly to the south, multi-family high density residential directly to the east, and, uh, single-family homes somewhat to the northeast. The planned for this area does indicate commercial activity center. It is covered by a master plan, the Wadsworth Town Center master plan. here. here. I think you own the site, I hope. to the big party this summer, he calls the site. Urn. Before we go on, I would like to enter into the record, the copies of plan zoning ordinance, case file type materials, and exhibits. Thank you sir. Uh, relative to jurisdiction staff finds that the property is in the City of Wheat Ridge and all location requirements have been met, and therefore, there is jurisidiction to hear the case. Urn, the applicant's requesting approval of Final Development Plan for developed zone. The applicant proposes a three-story structure, I believe all of you do have a copy of the proposal before, copy of the development plan. I put up overhead whiCh, uh, of the original outlined zone plan on the overhead for you. Locate the site, uh, Wadsworth Blvd. would be to the west, east is to the is up in this particular instance, uh, four lots, Etta's Place, the vacant parcel, uh, this is the parcel that we're currently under consideration, uh, the proposed street has actually done this now has been constructed, and our park is in this area, and here we have Jack-in-the Box, and Times Square is to the north. If you'll notice, that there are three areas, Area A, Area B, and Area C, and those relate to land use areas by zoning definition whiCh you'll find definition in the road plan which I have attached a copy to your report. The proposal does indicate a three-story structure maximum height of 35' with the first floor to be used as a restaurant and small retail commercial uses, uh, and related service as storage for the upper floors. The second and third floors are indicated for use of home for the aged which is, uh, the use for zone district. The -2- approved outlined development plan which I have one of the sheets on the overhead, uh, was approved in Case WZ-2. It did specify in terms of use that all C-l uses would be allowed under Section 18 as effective February 15, 1980. Uh, with the history of the site, there were several subsequent actions that affected this parcel, 1982 the City adopted the master plan, the Wadsworth Town Center master plan, and subsequently, Ordinance 488 which you have copies of, which require site plan approval for development based upon compliance of the adopted master plan. Uh, Figure TwO of the master plan eliminate use areas and it is attached as Exhibit B, and I would like to, urn, place that on the overhead and indicating Figure Two use areas within the issue from the Wadsworth Town Center master plan, the site under consideration is in this area. As you can see, it's within the secondary retail and indicates ground floor retail and sales and service retail uses only on the first floor, all of commercial service and office uses permitted. Uh, secondly there was a subsequent to that a four lot subdivision that was a Currier subdivision was approved in Case MS-82-1. This lot is Lot 3 of Currier Subdivision. Later on the applicant applied for approval of final zoned plan for mixed use development. There were I think two or three structures uh at that particular proposal. It had some commercial, they had commercial building and multi-family buildings to the rear, that case was denied by City Council based upon non-compliance with the copies of plan at that time. You will, I believe, have a copy of the minutes from that denial. Urn, the basis that the residential uses were not consistent with the shopping center objectives. Urn, again, later on the urban renewal authority developed the Park and Plaza knOwn as the Wadsworth TOwn Center Park which is located directly to the west of the subject site. Plan analysis relative to zoning standards and Comprehensive Plan. Plan calls for a three-story main structure mostly oriented to the south, urn, with urn, parking to the south and somewhat to the east. There's a total of 47 parking spaces proposed, uh, and also a restaurant. Small retail spaces are about 900 square feet each, there's two of them on the first floor. The proposal does call for a central kitchen which would serve both the restaurant and, uh, service dining hall for elderly persons for residents in the home of the aged. Urn, specifically relative to the zoning standards. Staff finds the following: Set backs, all set back requirements regulations. Building height: maximum 35', and therefore, complies with general commercial as well as the residential classifications. Parking, uh, the applicants indicated, uh, parking standards for retail and restaurant which are in compliance with our normal standards for retail and restaurant uses. Uh, the standard use for the elderly living units is based upon that standard in the parking section that's used for hospitals and nursing homes. Uh, staff concludes that that parking standard is substandard from our opinion relative to the use that's being proposed. We would suggest that a standard of one per living unit may be a more appropriate standard. adopted and have 11 additional parking spaces would be required to be shown as site plan. Landscaping, we have 15.4%, 15% is the minimum acceptable, and lot coverage is 84.6%, uh, and 85% is the maximum. Relative to PCD Final Development Plan Requirements, urn, we find the follOwing: the proposed uses are consistent with the permitted outline development plan. Again, if you refer both to the outline plan and to the use area -3- delineations, uh, allowed by that plan you'll find that within Area C that all C-I uses were to be allowed. Urn, however, staff concludes that the home for the aged is a residential type of use which is inconsistently adopted master plan for the Wadsworth TOwn Center. Now that plan provided the urban renewal plan for the Wadsworth TOwn Center with goals and objectives which relate to the strengthening of this area as a shopping center. Uh, our primary goals are to create a contiguous shopping center atmosphere. Also, City Council in their denial of previous development WZ-83-28 defined their intent of this area which further defines the comprehensive plan and as policy to the plan by basing their denial on the conclusion that residential usage do not contribute to the shopping center atmosphere, which is being promoted in this area. Agency referrals, all agencies indicate an ability to serve with limitations of their, urn, their requirements. Urn, this case was referred to the Urban Renewal Authority inasmuch as they, urn, this is the urban renewal district, uh, the Urban Renewal Authority has recommended denial based upon non-compliance with master plan and urban renewal plan. We have copied the resolution. Planning Commission then reviewed the case, uh, on November 21, 1985. They had recommended denial, uh, you also have a copy of their minutes and resolution for basis of their, their review. Urn, I believe you also have a copy of a of a Memorandum from Mr. Hayes relative to the issue of commercial developments and use requirements in a subsequent overlay zone, which Ordinance 48 created. In conclusion staff puts a final plan consistent with the approved outline development plan. We further conclude that all responding agencies can conserve under the conditions requirements of those agencies. We further conclude that with the exception of parking, all requirements of the zoning ordinance are met. We conclude that this development is not a nursing home or a hospital, it is a more multi-family, elderly housing, and therefore, a one space per living unit is more appropriate, urn, is a more appropriate parking standard. This then will require the plan to be revised to show 11 additional parking spaces. In addition, we further conclude that this proposal specifically, the home for the aged, is inconsistent with the comprehensive plan, urn, and master plan for the Wadsworth TOwn Center renewal plan as residential living is not a land use consistent with the shopping center concept. Based upon the facts and conclusions, staff has recommended denial. Urn, there are notions. That concludes staff report. Thank you. Is the applicant present? Yes. Step up to the microphone and state your name please. Randolph Currier. I live at 1934 South Garland Court in Lakewood. Mr. Currier, will you raise your right hand please. Do you swear to tell the whole truth and nothing but the truth so help you God? I do. -4- Thank you. You may proceed. Thank you very much Mr. Chairman, members of the City Council. I'd like to go ahead and hand out a written copy of a response to the staff's report so that you can follow the pattern. And one copy for the record please. I'd like to say first of all that, uh, basically I concur with the staff's uh conclusions with the exception of two, the two main items we have a difference with respect to the parking requirements and with respect to conformance to the comprehensive plan. Uh, with regard to the parking requirements, it appears that the staff's recommendation is based on a conclusion that this particular home for the aged is more akin, as they say, to a multi-family, elderly residential project than to some other type of project. What is in fact the case here is that this home for the aged is more akin to what you would a congregate care facility. A congregate care facility incorporates certain features that are totally unique and different from a conventional residential elderly project. For example, a congregate care facility or a home for the aged would include an emergency call system, uh, home health care services, exercise facilities, crafts, food services, excursion transportation, and housekeeping assistance. Consequently, the parking requirements for this type of facility would be substantially less than that would be required for a conventional home or residential elderly facility. In doing a little research on the needs for for parking for this type of facility, I looked at a summary report that was prepared by the University of Southern California on congregate care facilities, and what they concluded is that the majority of the resident of one of these facilities would be, uh, what they call transit dependent. And because of that transit dependence or they require outside help for their transportation needs, the parking requirements are substantially less. Consequently, I used the criteria found in the zoning ordinance of the City of Wheat Ridge which calls for one parking space per five beds, and then one additional space for each employee on the maximum shift. By employing this criteria, I came up with a requirement of 13 parking spaces and that was based on taking a maximum of 48 beds in the facility divided by five and rounding it up to ten and adding three for staff. Now the plan itself actually provides 27 parking spaces, which is 14 more spaces than what is required by the Wheat Ridge ordinance. In addition, I did a survey on the on some homes for the aged in the area as well as examine some surveys that were done by the University of Southern California, and I found I surved nine facilities and the average parking ratio that I came up with was .557 spaces per unit for these nine facilities. If you'll look on the last page of the report, that shows a summary of that survey on the parking. Now in all cases that were surveyed, the parking ratio for these facilities was less than one parking space per unit. And the subject development actually provides .71 spaces per unit, which is 27.4% higher than the average found in the survey. Consequently, I concluded that the amount of parking that was provided, uh, was adequate for this type of facility, notwithstanding various interpretations of what this kind of facility is. The second, uh, area where we have a disagreement with regard to the proposed plan is with regard to the alleged non-conformance to the Comprehensive Plan. Um, I'd like to read a few statements from that Comprehensive Plan so that we can judge in this meeting whether or not -5- the project actually does or does not meet or conform to these requirements. First of all the Plan speaks about encouraging the development of community activity centers encompassing a broad range of land uses, each complementing the other. In that statement I read that, uh, we're not limiting, uh, this particular area types of uses where looking at a rather broad range of uses. Secondly the master plan states that each center will accommodate a diversification or blend of activities. Aqain, that reinforces the same idea. It goes on to say that retail tr~de activities, restaurants, and also it mentions a medium and high density residences could be integrated into the center or apprpriately located on the fringes of these activity centers. So I think the general concept of the master plan is rather broad and encompassing. It allows quite a diversification of uses. Now, the plan itself, I believe, conforms to this concept rather strictly. First of all, it provides retail uses, sales and service uses strictly on the ground floor, it has the shops, it has the restaurant. And secondly, the home for the aged and as the staff has concluded is a commercial use and, the master plan itself allows all commercial uses on the second floors and up. So I think you can see that there is a strict conformance to the master plan in this proposal. The second portion was a statement saying that, uh, this particular plan does not conform to the urban renewal plan. Well I took a look at the urban renewal plan and just extracted two statements, uh, that, uh, two general statements that talked about the concept of the urban renewal plan. I'll read those. Um, the first, uh, main goal of the urban renewal plan was to turn two underdeveloped commercial notes into a unique 45 acre unified shopping center with a greatly increased sales tax base. The second major goal of the urban renewal plan is to create a town center for Wheat Ridge. Again, I think you can see fairly broad, uh, a fairly broad scope in the intent of the urban renewal plan. Again, to reiterate, this proposal before you tonight offers sales tax generating uses on the ground floor, and in addition, it contributes to the Town Center concept by accommodating a diversification of blend of activities while providing a commercial use, home for the aged, adjacent to the Town Center Park. Now a couple of other things that, uh, I think are pertinent to this case. They've been mentioned briefly by the staff before. The uses that are proposed were fully approved in the, uh, outline development plan was approved several years ago. As far as I know, none of these uses have been taken away or denied. Urn, therefore, they uses are uses by right, and then in addition, by looking at precedences that have been set with adjacent properties and uses approved for adjacent properties. I'd like to mention that, uh, the Donna Dunaway project which is about 130' south of my particular site. Um, a final plan was submitted to the Planning Commission and the City Council for approval and in that final approval, there were no limitations placed on that final plan for commercial uses. Urn, in addition, there was no requirement placed on the plan that uh, struct the ground floor to retail sales and service uses only. Urn, consequently, I feel that the plan that's before you tonight which complies strictly with those requirements is a plan that should be considered for approval. Urn, I guess that pretty well covers what I would like to say, and I'd be glad to answer any questions that you might have. -6- Thank you. Okay we'll start with questions of the staff. Uh, Miss Ivanson, here at this time. No there's no one here to speak. Miss Ivanson. Any questions of the staff. Mr. Johnson, Mr. Davis, Mr. West, Miss Flasco. Miss Worth of staff. Mr. Gidley. We'll ask you your questions in a . Mr. Yeah. Just have a seat. You're telling me to sit down. Mr. Crite in the front row please. Okay, sure. Mr. Gidley, if this is approved, there is under the Wheat Ridge sewer there's a holding tank will be required. Is someone keeping track of the holding tanks that are being from the city. Wheat Ridge Service certainly is. But the City isn't. Uh, we know each time that that it was required for building or rezoning. Urn, we have record of those, uh, I don't think we have a map that locates those that I know of, but our Chief Building Inspector's been keeping track of those all So would I, I becomes that we've overloaded the sewers during the hot peak hours, we will be notified? I'm afraid the sewer district, uh, that's not, uh, a significant concern, especially at this time. They feel that there is significant excess capacity at all hours. That's why they're going to, uh, tank requirement. All right. Thank you. Okay. Mr. Gidley, I've got a question. I was looking through my agency referral list here. Uh, Wheat Ridge Water District. Service available from Wadsworth, uh, district would prefer it was coming in from Upham Street and in here, they talk about, uh, pumps and uh, pump stations and this to jack up the pressure. Reading that, it doesn't sound to me like there's adequate water service available from Wadsworth. If we're needing a booster pump to bring adequate pressure to the home for the aged for fire safety and other things. Uh, I think we have to take the, uh, letter at face value. Uh, a) it says that there, there is a line, service line at Wadsworth, that, where -7- the applicant can obtain other permits to access that line from say other needs or . But, uh, it also indicates that, uh, I guess the applicant has indicated no reduced pressure, he would be intending, to uh, use a booster pump and the district is simply saying that they cannot concern themselves with the, uh, accuracy of that pump. Is that agreeable to the Fire Department is their pressure to their? There's another hydrant required the Fire Department. So is the Fire Department going to accept a booster pump to their hydrant? I, that I don't know. I know the Fire Department has reviewed it, uh, the proposal. They've only indicated that an additional fire hydrant would be required. Uh, I know that there is a certain, urn, PSI requirement at or GPU, whichever it is, or perhaps both urn, at the hydrant. In order for the applicant to obtain access to the other one, line, urn, we would have to obtain easements through the property for these, and I believe that property is all developed. I don't know about the availability of these ones are to the east. Okay, thank you. Any Any questions of the got a question other questions of the staff? Okay, Mr. Gidley. applicant? Miss Worth? Miss FIasco? Okay you've ? Oh, okay. Sure, you didn't think I was going to pass up ? You never know. Mr. Currier, why a home for the aged, the aged in a shopping center? That's a real good question. I think, uh, the, the answer to that is we feel it's an ideal location for this type of use. First of all, in our previous, uh, analysis of the project, uh, based on marketing studies and so on, we found that first of all, to put strictly a straight retail conventional retail use of this site was prohibited. The reason why, there were a couple of factors. Number I the front side parking has been taken away by the park, so that it's at a competitive disadvantage. Number 2, the exposure from Wadsworth Blvd. is limited. Urn, we've tried to market the property, in fact, to other people so that we wouldn't have a problem with developing it. Urn, we found that doing studies of congregate care facilities, we found that, uh, people getting up in age, j,t's, it's very important that they have convenient access to shopping and with the adjacency of the park, the lack of parking in the front of the site, this was an ideal location for this kind of use. People who live there would feel they're part of the community, they would also have convenient access to the various shops in the shopping center itself, and given the disadvantages of developing that portion of this site for a strictly, uh, straight retail use, it just tended us in this direction. That's the reason we're heading in that direction. We also find that many, many other parts of town, for example, up at 64th, Marcella Manor, is located right across the street from a fairly -8- significant shopping area, and this is a project design for the elderly and they find that the convenience of the shopping is ideal. Urn, does that answer your question? Thank you. I'd like to go back and mention something about the water pressure. No. Not unless somebody asks the question. Okay. Of you. All right. What about the water pressure? Somebody answered, Uh, the water pressure situation was, as I understood the letter from, uh, the Water Department is there is a potential for a lowering of the water pressure if more and more taps are accessed off of Wadsworth Blvd. There is a 6", 6 or an 8" main on Upham street that they would prefer new development to use. If we can get easements we'd be glad to tap into that one. Barring that opportunity, we have to go into Wadsworth Blvd. We presently have a utility easement through portions of the park which would have to be restored. There's a possibility of obtaining an additional easement through Roger Barsh's property, so as I understand it at this time the water pressure isn't a problem. Randy. Nothing. Mr. Currier, how many square feet do you plan to have just for the restaurant for the public. The restaurant is approximately 2,100 square feet. Okay, but how much of that is, uh That's, this restaurant is strictly devoted to the public. The, the whole theory and concept behind this thing is that here is a restaurant for the public, but they can also have an exclusive market and serve meals to the people in the congregate care facility. Will they serve those meals in the restaurant? No, there is actually a separate dining room this, the, uh, kitchen area is in between the restaurant itself and the dining for the home for the aged. So, the 2,100 square feet is devoted totally to the restaurant. -9- There is additional square footage for the dining for the home for the aged. Okay. Thank you. Miss Ivanson? I have three questions. First is about the problem with drainage. Would you turn your microphone on please. Oh, I'm sorry. The first question has to do with drainage on this site, in which direction and how we'll be taking it, and you're not going to impact the lake we already have there at times, are you? I hope that, uh, the drainage report and the engineering study that's been prepared will solve that problem. If I can describe it, uh, it basically takes the, uh, the historic flow off this site and then takes the flow, calculated flow with the site developed. In that portion, the difference between the two is retained on site and, part of it's retained on the site, and the balance of this will be going into a new sewer line that is riding through where Vance Street towards the back of the property. So, to answer your question, the flow is going into the sewer line, and the balance of it's being retained on the site. Are you describing a holding area on the site or? No, the way. Yes the way it works on this particular plan is that a portion of the parking area is designed for a, it's depressed about 6" so it will hold up to 6" of water on the site over a broad area. Now this, let me say, this would occur on a hundred year basis. It's not a daily occurrence that you'd 6" of water in this parking area. Uh, we've had some fair depths of water in there in the past. Right. We certainly don't need the in tOwn that any more. Urn, if this is not adequate parking for other commercial actitivies in there, why would the parking situation is going to be adequate for a restaurant? Well, the parking requirements for the restaurant and retail shops have been met to the letter. The only, uh, a point of controversy is the required amount of parking for the home for the aged. And again as I mentioned in my report, I have found that none of the facilities that I surveyed had more, they all had less that one space per unit. You're saying that the parking being, uh, denied you in the front of the site, or the west side of the site, Yes. Uh, it just doesn't make it, uh, desirable for other commercial activities, why would it be, uh, desirable for the restaurant in there and expect them to walk that far. -10- Okay. What we have done, we've tried to mitigate the problem, uh. We have provided parking along one side of the, uh, site so that there is access coming off the connector drive directly into this parking, but the amount of parking that we're providing is limited. In other words we're limited in the total amount of development that we can devote to retail uses because we don't have that parking up front. Now we can put parking in the rear of the site, uh, for the home for the aged and not have a compromised situation, but the retail generally demands that the parking be located in very visible up front location to work. Urn, this is not inexpensive land that you're building this on, and isn't this going to, uh, certainly affect the cost for the seniors who would be living there? It's, uh, I suppose if I found a be, urn, cheap. So I found a basically my cost basis is quite buyer, somebody bought it, it wouldn't since 1978, so my, you know, low. You feel that you can make this housing affordable? It wouldn't be so, generally speaking, these would be leases. The people would have a life estate or a long-term leasehold on the units. Any other questions? Miss Worth? This is really off there? front somewhere. Did you ever consider a hotel I didn't simply because I don't have any experience in that particular market, but that might be an interesting use. And again that's a commercial use and, uh, normally would be an improved use for this particular site. But myself, no I haven't. Miss FIasco? To enlarge upon Mr. Merkl's question, you say you have a 2,000 square foot restaurant devoted to the public, a kitchen, and a separate dining room for the congregate care center. Uh, the way you say that, that implies to me that that dining room and at least part of that kitchen on the first floor is not devoted to retail; it is devoted to the congregate care which is not retail. It would, uh, it would be a sales tax generating use. In other words, the, uh, the, uh, people buying the meals and buying that service would be paying sales tax on that. So, from a technical standpoint it would be a sales tax use from a practical standpoint; it's not open to the public private dining is not. Nobody that lives there is forced to eat there, or can serve their own meals in their room so, urn, No I wouldn't say that there not forced to eat there. Now if they can eat out, if they prefer, they can buy, uh, tickets for two meals a day, for example, and eat out one meal a day. They would have, uh, as far as their cooking, it would be extremely limited to, uh, a hot plate or -11- something like that or a small microwave oven, but as far as full blown cooking for each unit, that's not contemplated. , then those people that lease that apartment, uh, somewhere in the lease you're going to provide meals. That's correct. That's part of the total package, in addition to the transportation service, outpatient health care, and so on. And you're considering that as a sales if it really is. I wish Jackie I, I would doubt whether that would be tax generating revenue. I wonder or somebody from that department. considered sales tax generating. Certainly the meal portion, not the other portion. And then you're going to stipulate in your lease that they have buy so many meals there and that would be separate, distinct from everthing else? We would, sure, encourage that. say that you have to. I don't know if we can just arbitrarily Thank you. Any other questions? you Mr. Currier. It is a mot, a order. Miss Gillick. Okay, Public Hearing is closed. motion is in order. Motion is in Thank I move that Case No. WZ-85-23 be denied for the following reasons: 1) The use composed home for the aged does not comply with the Wadsworth Town Center goals, objectives, and policies promoting commercial development, particularly retail sales tax generating uses in this area, as a home for the aged is more akin to multi-family residential or residential dormitory than it is commercial. 2) The parking standard used by the applicant for home for the aged is inadequate as per staff's conclusions, therefore, additional parking for at least 11 cars is needed. Second. Seconded by Mr. West. Is there any comment? Yes. Mr. West? Mr. Mayor, protemp, I'm going to support this motion, but i.n addition, I'd like a to give a third and a fourth reason. The third reason that the plan is inconsistent with the comprehensive plan on the Wadsworth Town Center master plan, and the fourth reason is that the staff, urban renewal, and the planning commission all recommended denial. Are you making those amendments to the motion? Uh, yes. I'd like to. -12- Is there a second to that? Second. by Mr. West. Any comment? Would you accept Yes. Yes you accept that as rule Okay. Now part of the motion. Is there any comment on the motion as amended? Okay, no more comments? I would like to All right, do you want to comment? Okay. I'm going to comment why I am going to support, uh, Miss Keller on this motion. I agree with Miss Keller and Mr. FIasco, also the planning commission recommendations I agree with, the staff recommendations, and urban renewal authority I support them on their recommendations, and I will be pulling for this motion denying the Okay, if there's council please. denial. no more comments, uh, Miss Sang will you poll the Remember that a vote for the motion is a vote for Motion carries 8-0. The application is denied. Property located at 4084 Wadsworth. It was Case No. MS-82-1 that was postponed from July 26, 1982. Mr. Stromberg. Mr. Mayor. Uh, I think this subject which is quite familiar to some of the council, uh, is really by the fact that the City does foresee a park. We have a purchased a park. Well we still have a post. We do have signed contracts, though, that the City will undertake both parties, and I'm very pleased about that. So we expect those next .....eek, uh, on this. I can review records of zoning ordinance, subdivision regulations, Wadsworth Town Center master plan, Urn, so we have four lots, one of which will have Etta's Place on it, number 2 and 3 will be the remaining commercially available for personal use, uh, by each of the separate property owners, and then Lot 4 is a park which is now at the and the two ingress/egress areas from Wadsworth, one of which is the purchase and the other is a 15' easement. 15' easement is outside the scope of this plat as far as the boundary Parks and Recreation Commission, uh, recommended that a 5% landed park land dedication be deducted from the amount of Lot 4 would be purchased by the City. Urn, the Planning Commission reviewed that and they recommended that the City Council not require a 5% park land dedication for the 75 per lot in lieu of that basically because of the nature of the negotiations with the purchaser and seller. Uh, there is a stipulation, uh, that the City be allowed to construct the connector drive for the condition in the suggested We have, uh, with all of the sections in detail so they are in order Concludes my presentation. Mr. Barsh I have some slides, but I can see them. Does the Council wish to pass on the slides? Oh yeah. Okay. Mr. Barsh is here if Council has any questions of him. If not, are there any questions of staff? Motion's in order. Miss Mr. Mayor, I move that Case MS-82-1, a request for approval of the Currier Minor Subdivision be approved for the following reasons and with the following conditions: 1. All requirements of the Subdivision Regulations and Zoning Ordinance are met; 2. This subdivision faciliatates the unification of the Wadsworth Town Center by providing for the needed cross-circulation; 3. Planning Commission has recommended approval with the condition that the park land dedication and fee in lieu of dedication be .....aived; 2. That a drainage plan for the entire subdivision be required by Final Development Plan for this site; 3. That a Development Agreement for curb, gutter, sidewalk, accel/decel lanes on Wadsworth Blvd. be prepared, executed, and recorded -2- to apply only to Lot Ito recognize the prior comnitment by the owner of Lot 1 to accomplsih these improvements; and 4. That a stipulation note be added to the plat prior to recording which reads as follows: liThe owner agrees that the City shall have the right to construct the connector drive through this site on the dedicated ingress/egress easement, located along the west edge of Lots 2 and 3, if it is deemed necessary prior to private development on the site. The City has the right to construct this either with its own funds or in combination with other public or private entities or individuals. The owner reserves the right to review and approve construction plans for said connector drive prior to commencement of construction in order to correlate with the owner's development plans for Lots 2 and 3." Second by Mr. Merkl. Discussion? Mr. Hobbs? Mr. Stromberg, I apologize I have my hand up there. I wanted to ask you a question there. Is two acreages shown on this drawing, that is on line number 2 is shows 3.2553 and then if you go down in to said parcel containing 3.2616 acres, which one of those figures is right? 3.2553. 3. what? 3.2553. 3.2616 is wrong? So the thing of it is would you see that that is corrected so that we do not have a conflicting thing in that legal? I just a read off of the legal itself. That's what you proved adopting this matter. the specific size so that we are We are adopting that map and between two different things right. the map has in two places there a conflict so I would like to take and see which one's It came off the map itself. I'm sorry Mr. Stromberg, under line number 2. Okay, I got that. It states 3.2553 acres. You come down 1, 2, 3, 4, 5. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 lines. It states containing 3.2616 acres. You're dealing with an actual acreage there that if one of those wrong, one is right. Which one is the right one? Okay. I don't know the answer to that to resolve that prior to. -3- Would you correct that so that you have them so that they are the same cause they should be. , I misunderstood the question. Would you put that in a form of an amendment to be corrected. All would you accept it Yeah. Thank you. All right second. Any further discussions? Yes. No. Mr. Spec answer the question before twO. contract about the owner reserving a right to construction plan? Can somebody explain what Mr. Hayes is include the there? that Yes, they have the right to view them and approve them because, uh, what is done on the connector in terms of grading and the other technical matters will impact on their ability to develop remaining Well it's in the contract. I don't the contract even if it's I didn't think it was terrible idea Mr. Lewis? I have one question on the first condition that the park land dedication and fees in lieu of dedication be waived. Now we're not talking about a lot of money for the fees to be waived so much for first sight for or, uh $300. I was wondering why are we waiving the dedication of the fees? I think. I, I don't know what to think decided on that, but, um, the, the sellers do agree to sell it less than what they consider to be less than what there appraisal showed to be the actually value of the property. And, I, I would assume that was some Did it agree with our appraisal on the property the selling price is? I -4- I'm not going to make a big deal out of, uh, this kind of money, but I just wondered why we.vaived the fees on the subdivj.sion. Mr. Mr. Stromberg, one other question. We got into a discussion here and on this subdivision, as far as the subdivision class, we discussed along the north line of this area the actual easement, I think we got into a discussion Mr. Hayes with you also. Along the north line of that property from the actual Wads.vorth Blvd. going easterly, there is a public service utility along there, and we did discuss it, and I do not see that on this subdivision and I do not see it shown. Mr. Hayes, we did discuss that last year in December, I believe, and we got into that easement pertained to the actual public service easement in there. There is an 8' utility easement. I, I don't know which one is the public service utility easement you're referring to. There is a 8' utility easement that shown on the very far north portion of the Lot 4. I don't know whether or not that's the public service utility easement or not. They have an exclusive easement that is recorded. I understand And the thing of it is is that I would think that they were showing that as a public service. I, I can't say here tonight that I'm not quite sure, but believe you utility, the Public Service Company easement ran the full length of that property. And I think Mr. Barsh can. at this time. It does not run the full length? Yeah, I agree. We thought the same thing. But interpreting some where here that, uh, shed building that will be destroyed that, uh, I'm not sure if it actually goes out at the easement ground or it terminates short of the , it runs from the, uh, east property line to the west. It terminates before it gets to the, uh, to Wadsworth. It does not run to Wadsworth. But does 5.t come clear from the rear of the property up to approximately about what Wadsworth is, Mr. Barsh? No. Uh, it doesn't even get to the Jack-in-the-Box property I don't believe. Well, my concern is is that I have a copy of that easement, Mr. Hayes, and I was thinking that that easement went along that property line and it was an exclusive Public Service Company easement. I don't remember for sure anymore exactly what land I thought it came up on that property -5- line Mr. Davis We do know that there is a pUblic Service easement that is on the property. And Public Service will receive a copy of the plan and can sign off on it. Okay. Any other, any other discussion? Oh, what Mr. I would move to call to question. You call to question to resolve this this comment, uh, uh Yes we'd like to resolve it. Yeah, to make that decision. Could you raise your right hand, state your name and address Mr. Barsh. Yeah, I'm Roger Barsh Now I want to withdraw my motion. , and I have a POwer of Attorney from the Currier people that I represent Mr. I'm sorry Do you swear to the tell the whole truth and nothing but the truth. Yes. Thank you. The easement, uh, as I recall the utility easement, I, I recall it incorrectly. It runs from Wadsworth's, uh, Jack-in-the-Box property line. Jack-in-the-Box property line to the east is 8' and it terminates somewhere in this, uh, access/egress easement, and it is shown on the subdivision plat. Yeah right next to the shed. It does not run the full length of the property. But the thing of it is, doesn't it also cross, Mr. Barsh, that thing on regards to the Jack-in-the-Box there? Uh, you, you mean if it crosses the easement that we're dedicating. I cross the property line of Jack-in-the Box? Yes. I don't think so. Okay. -6- It's not shown as such. That, that Service? , Mr. Barsh, isn't that an exclusive easement by Public I don't know. Mr. Hayes, that I just recommend that they check it before that plat's recorded. this will be _______ Public Service Company and they will comments on it. It will be submitted. Mr. have Okay. Just so that we get that covered in case it's not property on it. End of discussion? Ups, Miss Snow. Could I just ask And in one or two items We will do that in motion. Do you accept that? Yeah. Okay, any other discussions? Hold council please. Motion carries 8-0.