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HomeMy WebLinkAboutCouncil Packet 04/23/20126:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 23, 2012 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public lnfonnation Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF April 9, 2012 PROCLAMATIONS AND CEREMONIES Arbor Day Victim Rights Week Mental Health Month Public Health Champion Award Presentation -LiveWell Wheat Ridge CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA ~ CONSENTAGENDA A. Resolution No. 22-2012 -approving an amendment to a contract with the Urban Drainage and Flood Control District (UDFCD) and The City of Arvada for the design, right-of-way acquisition and construction of drainage and flood control improvements for the Ridge Road Tributary, and authorizing payment of an additional contribution in the amount of $700,000 CITY COUNCIL AGENDA: April 23, 2012 Page -2- B. Resolution No. 20-2012-amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $720.00 to Jefferson Center for Mental Health Benefit C. Motion to award ITB-12-10, 2012 Slurry Seal, to A-1 Chipseal Company in the contract amount of $410,102 and to approve a contingency amount of $41,010 D. Motion to approve award of ITB-12-01, Overlay Resurfacing Project, to Martin Marietta Materials, Westminster, CO, in the contract amount of $1,263,358.10, and to approve a contingency amount of $126,336 E. Motion to accept assignment of the Drainage Right-Of-Way from Urban Drainage and Flood Control District (UDFCD) to allow RTD to construct drainage facilities for the Gold Line Commuter Rail F. Motion to approve payment to Cartegraph Inc. in the amount of $42,621 for the annual renewal of licensing and support for the Cartegraph System PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution 21-2012-approving a Special Use Permit to allow an On-Line Public Charter School for up to 50 students as an Ancillary Use to a church in a Residential- One (R-1) Zone District located at 3010 Newland Street (Case No. Sup-12-01) ~. Council Bill No. 03-2012-approving the rezoning of property located at 11210 W. 45th Ave. (Lot 2, Pumpkin Patch Subdivision) from Agricultural-One (A-1) to Public Facilities (PF) Zone District (Case No. WZ-12-01/\NRMF) 4. Council Bill No. 05-2012-imposing a Temporary Moratorium on the acceptance, processing and granting of applications permits and approvals for any form of Residential Group Home, Assisted Living Facility, Residential Dwelling Unit for Handicapped Persons or Elderly Persons, or Congregate Care Facility within the City and Declaring an Emergency DECISIONS, RESOLUTIONS AND MOTIONS ~ Motion to approve award of ITB-12-06, 38th Avenue Lane Reconfiguration, Amenities Project to Colorado Designscapes Inc., Centennial, CO , in the contract amount of $59,739.50 and to approve a contingency amount of $5,973 6. Motion to approve award of ITB-12-15, 38th Avenue Lane Reconfiguration Striping Project, to Kolbe Striping Inc., Castle Rock CO , in the amount of $109,015.35 and to approve a contingency amount of $10,902 7. Motion to approve the proposed changes to Council Rules of Order and Procedure CITY COUNCIL AGENDA: April 23 , 2012 Page -3- 8. Motion to approve a $20,000 Contribution to Wheat Ridge Business District to administer an Accessibility and Usability Matching Grant Program CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO April 9. 2012 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. ROLLCALL OF MEMBERS Davis Reinhart Bud Starker Joyce Jay Kristi Davis Mike Stites George Pond Joseph DeMott Tracy langworthy Also present: City Clerk, Janelle Shaver; City Treasurer, larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Chief of Police, Dan Brennan; Administrative Services Director, Heather Geyer; Community Development Director, Ken Johnstone; staff, interested parties and interested citizens. APPROVAL OF MINUTES OF March 26. 2012 Motion by Mr. Stites for approval of the Minutes of March 26, 2012; seconded by Mr. Starker; carried 7-1 with Mr. Pond abstaining. PROCLAMATIONS AND CEREMONIES Ralston House/National Child Abuse Prevention Month City Clerk Shaver read the proclamation on behalf of Mayor DiTullio and City Council declaring April as National Child Abuse Prevention Month. Linda Mikow thanked the City for it's recognition of child abuse and Ralston House. She gave pinwheels to the council. They will be selling these pinwheels as a fund raiser in the future. Chief Brennan also spoke of the felony child abuse and sexual assault case they handle, and that the Police Department is helped greatly by the Ralston House. Wheat Ridge 6th Grade Essay Contest Winners: David Holland, director of Broadridge/SIS, explained that this is his company's ninth year to sponsor this essay contest for elementary schools that feed into Wheat City Council Minutes April 9, 2012 Page2 Ridge High School. He thanked the Jefferson Foundation as a co-sponsor and the WR High School Honor Society for grading the essays. $100 was awarded to each school of the participants. 306 students participated from all the schools, and Mr. Holland presented awards to the top 7 winners. 7th Place Alexis Lombardi -Maple Grove Elementary School 6th Place Jacob Raache -Pennington Elementary School 5th Place John Potter-Kullerstrand Elementary School 4th Place Amanda Komoczi -Prospect Valley Elementary School 3rd Place McKinnley Bartels -Wilmore-Davis Elementary School 2"d Place Breanna Blucher -Stober Elementary School 1st Place Dante Salamone -Wilmore-Davis Elementary School CITIZENS' RIGHT TO SPEAK Genevieve Wooden, a 2020 board member and chair of the community-building events committee, announced some upcoming events and invited the public. • April Live Local Wheat Ridge this Thursday from 5-8 PM at Thai Green and Sushi (Applewood Shopping Center) includes a free house wine or beer with an entree. • The May Live Local will be at John's Chicago Style Bar B Q on May 10. • Wheat Ridge Garden Tour on Saturday, June 16 • Mid-Century and Modern Home tour in September. If residents would like to have their home evaluated to be on the tour list or volunteer to help with these events or have your business sponsor an event please contact her or Kim at the 2020 office . Jesse Hill, WR resident, thanked the Council for looking at the Study Session Rules to allow public comment and supports the change. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1. Resolution 18-2012-A Resolution approving the Service Plan: Ward TOO Metropolitan Districts 1-3 Resolution 18-2012 was introduced by Mrs. Langworthy Mrs. Langworthy read a list of the minimum requirements (for information) that a service plan must contain in preparation of forming a Metropolitan District. She also read the statute-mandated criteria for approval of the service plan: Mayor DiTullio opened the public hearing. Staff Report by Charlie Kuechenmeister, from the City Attorney's office. The proposed service plan meets all the approval criteria required by state statue for a Metropolitan District. This was done with short notice, but they have done the City Council Minutes April 9, 2012 Page 3 work necessary to fulfill the legal requirements. Forming a Metro District is a way to finance public improvements in developing areas and provide a unit of local government to own, operate and maintain some of them. The only property owner within the proposed district is the developer, IBC, LLC. IBC property owner Brian Mott from Golden thanked staff for working with them. This application is just the 1st step. They will be coming before Council again soon with formal application the for rezoning process. Russ Dyjstra, council for IBC, thanked the City staff for working so hard with them on such a short time frame . They have been extremely accommodating. The Metro District will be a tool to make the vision happen. The infrastructure will be costing around $20 million, so the District will help by providing an opportunity to use tax exempt financing to lessen the cost (because the interest rates are much less), and it also gives a governmental entity the opportunity to maintain and control those improvements over a long period of time . Mr. Dyjstra related that the water, fire and sewer districts are very supportive. This is not a free ride for the developer, it's just for the main infrastructure-the big ticket items. There will be probably double this amount for other infrastructure costs that will be paid for separately by the developer. While the District only covers the IBC property now, these improvements such as the intersections, the signalization, the extension of the main lines, water, sewer, etc. will ultimately benefit this entire area. Citizen comments: John Cillessen, owner of an adjacent property, said the first time he's heard of this hearing was at 5:00PM tonight. He's been to most of the RTD planning meetings and from what he has seen so far tonight he doesn't think it matches what came out of those meetings. He doesn't know if it's a good or bad plan. Brett Hall, representing Burner Southerland Properties found out about this late Friday afternoon. They don't know if this Metro District is a good thing or not. Bob Harmsen said he found out about this last Friday. He said the neighborhood hasn't been told or asked about this $20 million project. He sees plans for a parking structure and RTD told him this morning they aren't interested in a parking garage because they have been planning a train station and parking lot on his property for three years. There needs to be better communication. Brian Mott never told them about this when he was offering to trade properties a few months ago. Sean Baker, one of the partners who have owned an auto body/repair business on Ward Road for the last 50 years, said he will lose all street parking on 50th Place -which is the primary entrance to his property and the subject property. He got this 62-page document this morning . He feels blindsided because he has been asking for months to see what the plan for the street is. How will this development of utilities impact this major street? He would like to see the whole plan before the financing is approved. Please communicate better with the neighbors. City Council Minutes April 9, 2012 Page4 City Attorney Dahl explained that it is not a requirement that adjacent property owners be notified about the formation of a Metro District -only the property owners within the boundaries of the District. Later when there are proposed changes in land use (zoning) the typical notice and hearing procedures we have for all land use developments will be followed. All development issues such as design, street access, etc. will all be addressed in the land use approval. Ken Johnstone, Director of Community Development, noted there is a Planning Commission meeting scheduled in April and neighbors will certainly be notified . During the discussion several things were explained and clarified for the Council by Mr. Kuechenmeister, the applicant, and the City staff. • Re: Mill levy cap language: The mill levy cap can be raised, but there can be no increase in the money collected as it is only raised if the assessed value goes down and cannot meet the debt service requirements. • If there is a shortfall is there any recourse against the city? No • The developer has no desire or plans to pursue Tax Increment Financing (TIF) • The public infrastructure will be owned by the District, not IBC. Also, residents of District 1 (the service district) of the Metro District can run for positions on the boards for District 2 and 3 (the residential and commercial districts) that are the financing districts. • The reason for the delay is that it took time to get everything ready to present so that it's all accurate and meets statutory requirements . The economy has made it difficult to predict costs. • Council had a Study Session on this, and they got the large set of packet information last Thursday. It was a concern why all this complicated information was not brought before Council earlier at a study session? Mr. Goff stated that staff only received the service plan in late March so they've had to fast track it. Tonight is the last chance Council has to approve the service plan so it can go on the May election. There just hasn't been time to do a full study session on the particulars of the final service plan. • Why does the basis in the financial analysis have a zero value for the existing land or improvements? This is a typical technique used by bond writers so you can see what the incremental increase is from the development. • Where will the money come from the first few years before the district starts generating money? These usually start small with unimproved land and the developer agrees to an advance/reimbursement agreement. The developer fronts the money for the improvements and when the district starts generating tax (income) it will reimburse the developer. It's a mutually reliant situation: If the developer wants infrastructure he needs to give the District the money, because the District can't do anything without money. • In the zoning process the City will want to have an improvements guarantee to be sure the infrastructure is completely financed before the zoning is granted. • One of the reasons for forming a district is that RTD prefers to enter into these long term agreements with governmental entities, not private entities. Governments stick around; developers may not. City Council Minutes April 9, 2012 PageS • Since the facility is financed with public funds, it has to be available for public use. • The District can contract with a property owner or an HOA for fees for things such as parking or landscaping. These fees are not for debt financing. • If other property owners choose to join this Metro District at a later time there is a statutory process for annexation into the district. Mayor DiTullio closed the public hearing. Motion by Mrs. Langworthy to approve Resolution 18-212, a resolution approving the service plan for the Ward TOO Metropolitan Districts 1-3; seconded by Mr. Stites; Mr. DeMott questioned whether the parking garage is needed for this development to go forward. The parking spaces in a parking garage will cost $12,000 per space. Mr. Reinhart is troubled by the timing and notification, but accepts the eventual need. He isn't sure there is the financing available to build the parking garage. Mr. Starker is concerned about the process, wished we were reaching out to adjacent landowners, and thinks the financing for the Metro District should have been produced. Motion carried 6-2 with Councilmembers Davis and Starker voting no. DECISIONS, RESOLUTIONS, AND MOTIONS 2. Motion to approve the payment to JPK Micro Supply, Incorporated, City of Industry, CA, in the amount of $47,640 for the replacement of 60 Desktop Computers Motion by Mr. Stites to approve payment to JPK Micro Supply, Incorporated, City of Industry, CA, in the amount of $47,640 for the replacement of 60 Desktop Computers; seconded by Mr. DeMott; carried 8-0. ~. Motion to approve the annual police radio contract payment to the West Metro Fire Protection District in the amount of $97,683.75 for police radio system services Motion by Mr. DeMott to approve the annual radio system contract payment to the West Metro Fire Protection District in the amount of $97,683.75 from account# 01-204- 700-704 for radio system services; seconded by Mrs. Langworthy; carried 8-0. 4. Resolution No. 19-2012 -Amending the Fiscal Year 2011 Budget to reflect the approval of increased revenue in the Open Space and Richards Hart Estate Funds City Council Minutes April 9, 2012 Page 6 Resolution 19-2012 was introduced by Mr. Starker This resolution meets the auditor's recommendation to identify and approve non- budgeted revenue such as grants. The Open Space Fund received a grant for the Bass Lake project in 2011. Because Council closed the Richards Hart Estate Fund in October 2011 at the auditor's recommendation, the revenue received from rentals of the Estate in 2011 is now considered non-budgeted revenue, and should be approved accordingly. Motion by Mr. Starker to approve Resolution 19-2012, amending the Fiscal Year 2011 Budget to reflect the approval of increased revenue in the Open Space and Richards Hart Estate Funds; seconded by Mr. DeMott; carried 8-0. 5. Presentation of the proposed change to City Council Rules of Order and Procedure to allow Public Comment at Study Sessions Mayor DiTullio introduced the proposed change to the Council Rules that will allow citizens to speak at study sessions for three (3) minutes on agenda items only. Having now publicized the change, it will be voted on at the next meeting. CITY MANAGER'S MATTERS Mr. Goff alerted council and citizens to the test of the City warning sirens that will happen this Wednesday at 11 AM. He also mentioned the WR Police De~artment will be providing another Child Safety Fair at WR Middle School on April 28t from 11-3 PM. It includes free inspection and replacement of car seats and free bicycle inspections. CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS Mr. Starker congratulated the WR 6th Grade Essay Winners. Mr. Stites reminded folks to tend to their weeds now that it's growing season. Mrs. Langworthy also praised the 6th Grade Essay Writers and appreciates their efforts. Ms. Davis requested an agenda item for a near future study session regarding the WR Business District expanding its scope to include accessibility. Mrs. Jay noted the postcards that have gone out to citizens in Dist 1 and 2 for the Town Meeting for Districts 1 and 2 on April 30. Mayor DiTullio reported that he joined Ms. Davis at the WR Business District along with staff members John Schumacher and Steve Art. In talking with them about ADA requirements the WRBD agreed to create a separate Accessibility and Usability Grant for up to $5,000 of matching money for half of the cost of an ADA compliance upgrade. City Council Minutes April 9, 2012 Page 7 The WRBD is requesting an additional $20,000 from the City to be earmarked for ADA projects only. The Mayor also wants the City to buy a table at the fund raiser event for the Jefferson Center for Mental Health on May 10. The cost of $720 will be added as a budget amendment to the April 23 agenda for potential approval by Council. The Mayor reported that WRHS has rented the ballroom at the Rec Center for Advanced Placement Testing in May at a cost of $675. If any Councilmembers would like to use some of their public outreach funds to help out it would be appreciated and they can call Janice to take care of that. Meeting adjourned at 8 :30 pm. ~jnelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON April 23, 2012 BY A VOTE OF __ to __ Mike Stites, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office , as well as copies of Ordinances and Resolutions. ... ~ . " -J .,. City of • :rwneatRi_dge ITEM NO:~ DATE: Apri123 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 22-2012 - A RESOLUTION APPROVING AN AMENDMENT TO A CONTRACT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (UDFCD) AND THE CITY OF ARVADA FOR THE DESIGN, RIGHT- OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR THE RIDGE ROAD TRIBUTARY, AND AUTHORIZING PAYMENT OF AN ADDITIONAL CONTRIBUTION IN THE AMOUNT OF $700,000 D PUBLIC HEARING D BIDS /MOTIONS [g] RESOLUTIONS QUA ~CIAL: ~-~ Public Works Director ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING ~ City Manager ~ An Intergovernmental Agreement (IGA) was required between the Urban Drainage and Flood Control District (UDFCD), the City of Arvada and the City of Wheat Ridge concerning the construction of stonn drainage facilities proposed to serve the Gold Line Commuter Rail System. The initial IGA provided financing for the design of the project. The proposed contract amendment provides the funding for the project construction. PRIOR ACTION: City Council approved the initial IGA with the City of Arvada and the UDFCD on May 23 ,2011. FINANCIAL IMPACT: The agreement requires the City to contribute $700 ,000 at this time to finance the construction of the storm sewer project. BACKGROUND: Council Action Form April 23, 2012 Page 2. The IGA with the RTD for funding the FasTracks Gold Line, approved by the City Council on April 25,2011, requires the City to construct a regional storm sewer along the RTD railroad right-of-way from Ward Road to approximately Simms Place. The City Staff negotiated advancing a $750,000 UDFCD 2013 grant to construct this stormwater facility. Arvada has negotiated similar terms with RTD and UDFCD for the continuation of the storm sewer from Simms Place to Quail Street. In May, 2011 the City entered into an IGA with Arvada and UDFCD for the design and construction of the storm sewer. The 2011 UDFCD IGA provided funding for the design ofthe project and addressed a future amendment to the IGA to provide construction funding . The attached agreement amendment will allow the construction of the pipeline later this year to meet the RTD railway construction schedule. RECOMMENDATIONS: Staff recommends that the UDFCD IGA amendment be approved. RECOMMENDED MOTION: "I move to approve Resolution No. 22-2012, a resolution approving an amendment to a contract with the Urban Drainage and Flood Control District and the City of Arvada for the design right-of-way acquisition and construction of drainage and flood control improvements for the Ridge Road Tributary amending the fiscal year 2012 Capital Investment Progran1 Budget and authorizing an additional contribution in the amount of $700,000." Or: "I move to postpone indefinitely Resolution No. 22-2012, a resolution approving an amendment to a contract with the Urban Drainage and Flood Control District and the City of Arvada for the Construction of the Ridge Road Tributary for the following reason(s) " REPORT PREPARED/REVIEWED BY: Tim Paranto , Public Works Director ATTACHMENTS: 1. UDFCD IGA 2. Resolution NO. 22-2012 I AMENDMENT TO AGREEMENT REGARDING FINAL DESIGN , RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR RIDGE ROAD TRIBUTARY, DOWNSTREAM OF WARD ROAD, JEFFERSON COUNTY Agreement No. I 1-05.0 I A THIS AGREEMENT, made this day of , 2012. by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"), CITY OF WHEAT RIDGE, (hereinafter called "WHEAT RIDGE"), and CITY OF ARVADA, (hereinafter called "ARVADA" and collectively known as "PARTIES"; WITNESSETH: WHEREAS, PARTIES have entered into "Agreement Regarding Final Design , Right-of-Way Acquisition and Construction of Drainage and Flood Control improvements for Ridge Road Tributary , Downstream of Ward Road , Jefferson County" (Agreement No . 11-05.0 I) dated July 5 , 20 II; and WHEREAS, PARTIES now desire to complete the final design, acquire the needed right-of-way , and construct the drainage and flood control improvements for Ridge Road Tributary; and WHEREAS, PARTIES desire to increase the level of funding by $3 ,000,000 ; and WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT financial participation for PROJECT (Resolution No. 68, Series of2011); and WHEREAS , the City Councils of WHEAT RIDGE and ARVADA and the Board of Directors of DISTRICT have authorized , by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained hereio , PARTIES hereto agree as follows: I. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as follows: 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: I . Final design services; 2 . Delineation, description and acquisition of required rights-of-way/ easements ; 3. Construction of improvements ; 4. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $3 ,200 ,000 without amendment to this Agreement. PROJECT costs for the various elements of the effort are estimated as follows: \dcm\agrmnt\standards\IGA Amendment (7/09) Attachment 1 I ITEM AMOUNT I. Outfall Systems Plan Update $ 30,000 2. Final Design 220,000 3. Right-of-way 20,000 4. Construction 2.700 ,000 5. Contingency 230,000 Grand Total $3,200,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be : Percentage Previously Additional Maximum Share Contributed Contribution Contribution DISTRICT 50.00% $I 00,000 $1,500,000 $1,600,000 WHEAT RIDGE 23.44% $ 50 ,000 $ 700,000 $ 750,000 ARVADA 26.56% $ 50,000 $ 800.000 $ 850,000 TOTAL 100.00% $200,000 $3 ,000,000 $3.200,000 2 . Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows: 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. I I, Series of 1973. Resolution No. 49 , Series of 1977. and Resolution No. 37, Series of 2009), the funding of a local body's one- half share may come from its own revenue sources or from funds received from state, federal or other sources of funding without limitation and without prior Board approval. Payment of each party's full share (WHEAT RIDGE-$700,000; ARVADA-$800,000: DISTRICT-$1 ,500.000) shall be made to DISTRICT subsequent to execution ofthis Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES. and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to COUNTY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated. or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares. \dcm\agrmnt\standards\IGA Amendment (7/09) 2 3. All other terms and conditions of Agreement No. I 1-0S.Oishall remain in full force and effect. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. (SEAL) ATTEST: \dcm\ag rmn t\standard s\IGA Amendment (7/09) 3 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By ________________________ __ Title Executive Director Date _____________ _ (SEAL) ATTEST: APPROVED AS TO FORM: City Attorney \dcmlagrmntlstandards\IGA Amendment (7/09) CITY OF WHEAT RJDGE By __________________________ __ Title. _________________________ _ Date. _________________________ _ 4 (SEAL) ATTEST: APPROVED AS TO FORM: City Attorney \dcm\ag rmnt\s tandards\IGA Amendment (7/09 ) CITY OF ARVADA By ________________________ __ Title _____________ _ Date _____________ _ 5 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 22 Series of 2012 TITLE: A RESOLUTION APPROVING AN AMENDMENT TO A CONTRACT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (UDFCD) AND THE CITY OF ARVADA FOR THE DESIGN, RIGHT-OF- WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR THE RIDGE ROAD TRIBUTARY, AND AUTHORIZING PAYMENT OF AN ADDITIONAL CONTRIBUTION IN THE AMOUNT OF $700,000 WHEREAS, the City Council wishes to construct a portion of the Ridge Road Tributary; and WHEREAS, the City has entered into a contract with the Urban Drainage and Flood Control District and the City of Arvada for the local funding of the Project; and WHEREAS, the contract must be amended to provide funding for the construction of the Project; NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1 . Contract Amendment Approved. The contract amendment between the City and the Urban Drainage and Flood Control District and the City of Arvada for construction of the Ridge Road Tributary is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2 . Effective Date ----- This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this __ day of _____ , 2012. Jerry DiTullio , Mayor ATTEST: Janelle Shaver, City Clerk Attachment 2 ~ ~ . " r-City o f · ~WheatRL._dge ITEM NO: _ljj. DATE : April 23 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 20-2012 -A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $720 TO JEFFERSON CENTER FOR MENTAL HEALTH BENEFIT 0 PUBLIC HEARING 0 BIDS/MOTIONS C8) RESOLUTIONS QU ASI-JU DICIAL : ISSUE: 0 ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2 ND READING 0 YES City Manager The Jefferson Center for Mental Health is a non-profit community mental health center serving Jefferson, Clear Creek and Gilpin counties since 1958. The centers services are provided through numerous clinical locations and schools , nursing homes, senior centers and other partner locations throughout the community. Jefferson Center for Mental Health has an ability to pay policy, which is based on income, number of dependents and availability of other funding sources for this purpose. The annual benefit for Jefferson Center for Mental Health will be held on Thursday, May 10 , 2012 PRIOR ACTION: The City's purchase of a table for the benefit was discussed at the City Council Meeting on Aptil 9 , 2012 . FINANCIAL IMPACT: The Gateway Signage Program in the amount of $100,000 was suspended in February and $92 ,800 was transferred from the Capital Investment Program budget to the General Fund budget to fund WR2020 in providing assistance with the implementation of the 38 111 Avenue Corridor Plan, and $5000 was transferred to Outside Agency Contributions for the Feed the Future Backpack Program. Of the remaining $2 ,200 balance, the requested $720 is to be transferred to Outside Agency Contributions for the Jefferson Center for Mental Health Benefit. Council Action Form April 23 , 2012 Page 2 · '· BACKGROUND: Jefferson Center for Mental Health supports the provision of quality mental health services and partners with the community to create a place that fosters mental health and supports those with mental health challenges. The benefit supports this mission. RECOMMENDATIONS: Mayor DiTullio recommends approval of a supplemental budget appropriation in the amount of $720 for the Jefferson Center for Mental Health Benefit to be held on May 10,2012. RECOMMENDED MOTION: "I move to amend the Fiscal Year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $720 to support the Jefferson Center for Mental Health benefit." Or "I move to deny the supplemental budget appropriation in the amount of $720 to fund the Jefferson Center for Mental Health benefit." REPORT PREPARED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council ATTACHMENTS: 1. Resolution No. 20-2012 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20 Series of 2012 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $720 FOR THE JEFFERSON CENTER FOR MENTAL HEALTH BENEFIT WHEREAS, the Jefferson Center for Mental Health is a non-profit community mental health center serving Jefferson, Clear Creek and Gilpin counties since 1958; and WHEREAS, Jefferson Center for Mental Health has an ability to pay policy, which is based on income, number of dependents and availability of other funding sources; and WHEREAS, the center holds an annual benefit to increase funding to support and provide quality mental health services and partners with the community to create a place that fosters mental health and supports those with mental health challenges; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City Council authorizes the transfer of $720 from account number 30-610- 700-724 in the Capital Investment Program Fund to account number 01-102-700-780 in the General Fund and amendment of the 2012 Fiscal Year Budget accordingly. DONE AND RESOLVED this 23rd day of April, 2012. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 ~ ~ .I-( .. ~ ~ City of • JP'WlieatRi_dge ITEM NO: ____Li. • DATE: April23 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD ITB-12-10, 2012 SLURRY SEAL, TO A-1 CIDPSEAL COMPANY IN THE CONTRACT AMOUNT OF $410,102, AND TO APPROVE A CONTINGENCY AMOUNT OF $41,010 D PUBLIC HEARING I:8J BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING Q~I ~0 2§S k:A-~ Public Works Director ISSUE: The 2012 slurry seal project will provide the needed maintenance treatment to 44th Avenue, Kipling Street to Wadsworth Boulevard and various local streets throughout the City. The slurry seal treatment will rejuvenate the wearing course and reduce water infiltration under pavements. The treatment will extend the pavement life of these streets as part of the ongoing maintenance program. This project is the second of three preventive maintenance projects that the City will implement this year. The apparent lowest responsible and responsive bidder is A-1 Chipseal Company, Denver, Colorado , in the total amount of $410 ,102. PRIOR ACTION: None FINANCIAL IMPACT: Funding for 2012 slurry seal project has been approved in the preventive maintenance projects line item ofthe 2012 Capital Improvement Program Budget in the amount of$2,000,000. All costs associated with this contract will be paid from account number 30-303-800-884. BACKGROUND: The 2012 slurry seal project was originally advertised in February, but was re-advertised as a result of initial high bids and a change in project locations to accommodate proposed utility construction. Re-Bids for the project, #S-PM-03-12 , were opened on April 4 , 2012 . Three bids Council Action Form April 23 , 2012 Pagei were received. Foothills Paving and Maintenance was the lowest bidder but did not include a bid bond and was , therefore, deemed non-responsive. The bids were comprised of two parts -Base Bid and Alternate Bid 1. The Base Bid will provide for slurry sealing 44th Avenue and various local streets by selection and priority throughout the City. Alternate bid 1 wiJJ slurry seal Pierce Street from 44th to 48th Avenue. Bid Ranges Base Bid: $379,530.50-$405 ,074.40 Alternate Bid 1: $27,331.00-$52 ,065.60 Engineering Estimate $399 ,855.00 $27 ,485.50 Based on bid pricing results and the target project budget, staff recommends Base Bid and Bid Alternative 1 be selected for construction. The lowest responsible and responsive bidder, A-1 Chipseal Company of Denver, Colorado , has met the bid and qualification requirements. A 10% contingency amount of$41 ,01 0 is requested for the cost of other items related to the project. Staff assessed the criteria for contribution to the 1% Public Art Fund for this project per Ordinance 15-02 and determined that allocation of funds is not required. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and experience on previous projects, Staff recommends the bid be awarded to A-1 Chipseal Company. Furthermore, Staff recommends that the Base Bid and Bid Alternate 1 be selected for this project based on budget availability. RECOMMENDED MOTION: "I move to award ITB-12-10, 2012 Slurry Seal Project Base Bid and Bid Alternate #1 to A-1 Chipseal Company, Denver, in the amount of$410,102 , with a contingency amount of$41 ,010 and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$451 ,112." Or, "I move to postpone indefinitely the award ofiTB-12-10 2012 Slurry Seal Project to A-1 Chipseal Company, Denver, for the following reason(s) ______________ " REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing Agent Tim Paranto , Director of Public Works ATTACHMENTS: 1. Bid Tabulation Sheet 2. Project Map • .# #~ty~tRJ8g PROJECT: ITB-12-10 2012 SLURRY SEAL PROJECT REBID DUE DATE/TIME: WEDNESDAY, APRIL4, 2012 BY 2 P.M. VENDOR A-1 Ch i pseal Company LOCATION Denver, CO -:·T~ ;j ~~·'l·, ~ .--I ''--•:::-- ~~~,. -·----- SIGNATUR E PAG E YES ACCEPTS VISA NO ACKNOWL EDG E ADD ENDUM 1 YES CONTRACTOR 'S QUALIFICATION FORM YES IllEGAl ALIEN COMPLIANCE YES LIST OF SUB -CONTRACTORS YES NON -COLLUS ION AfFADAVIT YES BID BOND YES PRJONG: BASE BID , TOTAL : $ 382 ,nt.oo BID ALTERNATE #1 : s 27 ,331 .00 REQUESTED BY: RUSS HIGGINS, PUBLIC WORKS-ENGINEERING OPENED BY: JENNIFER NELLIS, PURCHASING AGENT4fl'1 WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN ttr\ Foot hlll5 Pav ing and Ma int enanc e Intermountain Slurry Seal Golden, CO ' .... -· .. ~ __ .. _ ~- YES YES YES YES YES YES YES NO $ 379,530.50 $ $ 27,445 .00 s page 1 of 1 Salt Lake City, UT --r:_ -·--- YES NO YES YES YES YES YES YES 405,074.40 52,065 .60 -,~ ----~-~ I oro ., c • E .c u «< i UNit..CO'lP JEFFCO UNINCORPORATED JEFFERSON COUNlY C TY ...AKEWOO::> OF 2012 WHEAT SLURRY _____. 20"7 SIUR'lY ---20"2 Bl::l A"-S.URRY f::::::::J uRBAN RENEWAL R DGE "' .. ". ~ ' Otyof ·r?" Wlieat D ,rl...,.e _.Y"PUHI WORKS 1 ~ DENVER I Attachment 2 _j ~~4~ -~ ~ City of • JP"Wheat:RL_dge ITEM NO:~ DATE: April23 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF ITB-12-01, OVERLAY RESURFACING PROJECT, TO MARTIN MARIETTA MATERIALS, WESTMINSTER, CO, IN THE CONTRACT AMOUNT OF $1,263,358.10, AND TO APPROVE A CONTINGENCY AMOUNT OF $126,336 D PUBLIC HEARING r:gj BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASJ-JUDIC ~ D ~ --z;;; ~ Public Works Director ISSUE: The 2012 Street Resurfacing Project was developed to provide needed maintenance treatments to a number of selected streets by priority in accordance with the Citywide maintenance plan. The streets selected this year are 32"d Avenue from Wadsworth Boulevard to Pierce Street, 48 1h Avenue from Wadsworth Boulevard to Marshall Street, Youngfield Street from 32"d Avenue to the south City limit, Harlan Street from 32"d Avenue to 38 1h Avenue and a number oflocal streets and alleys throughout the City by priority. The program is intended to extend the life of pavement on streets that are structurally sound. The project also includes: concrete and handicap ramp replacement on streets being resurfaced, striping maintenance of high volume streets throughout the City by priority, and spot pavement patching Citywide. This project is the last of three preventive maintenance projects that the City will implement this year. Staff recommends that Martin Marietta Materials be awarded a contract for the Base Bid and Alternate Bids 1-5 in the amount of$1 ,263 ,358.10. PRIOR ACTION: None Council Action Form April 23 , 2012 Page2 FINANCIAL IMPACT: Funding for this program has been approved in the Preventive Maintenance Projects line item of the 2012 Capital Improvement Program Budget in the amount of$2,000 ,000. This project is the last of three preventive maintenance projects that will be funded from this account. Performing this project will extend the useful life of the streets that are treated from seven to fifteen years. BACKGROUND: Bids for the 2012 Overlay and Concrete Rehabilitation Project were opened on April 4 , 2012. Five bids were received. All bids met the initial bid requirements and all bids are within the budget , established as $1 ,300,000. The apparent low bidder is Martin Marietta Materials, Westminster, CO with the total base bid amount of $1,025 ,857 .50. Award is based on the lowest responsive and responsible bid that meets all of the bid requirements , qualifications and budget. The bids were comprised of seven parts; a Base Bid and Alternate Bids 1 through 6. Alternate Bids 1 through 6 were prepared as bid options, such that if the cost of the base bid is reasonable , additional streets can be added to the project. Base Bid-Pavement overlay and concrete replacement on 32"d Avenue from Wadsworth Boulevard to Pierce Street, 48th Avenue from Wadsworth Boulevard to Marshall Street, Youngfield Street from 32"d A venue to the south city limit, Harlan Street from 32"d Avenue to 38th Avenue and a number oflocal streets and alleys throughout the City by priority Alternate 1-Striping maintenance of high volume streets Citywide Alternate 2-Pavement overlay on alley between Harlan and Chase Street Alternate 3-Pavement overlay on Ingalls Street and West 28th Avenue Alternate 4-Pavement overlay on Youngfield Street Alternate 5-Pavement overlay on De~ew Street Alternate 6-Pavement overlay on 441 Pl, 46th Ave , 46th Pl , 471h Ave and Webster St. Bid Ranges Base Bid: $1 ,025,857.50-$1 ,288 ,096 Alternative: #1 $21 ,171.00-$24,142.50 #2 $15 ,919.73-$20,027.80 #3 $36,663.00-$50 ,533.20 #4 $99 433.20-$145 ,228.00 #5 $62 ,211.56 -$86,121.50 #6 $58 ,060.40 -$83 ,920.40 Engineer Estimate $1 ,110,707.50 $21 ,625 .00 $14,455 .00 $33 ,945.00 $140,920.00 $57 ,582 .50 $56 ,145.00 Due to favorable bid prices , Staff recommends Base Bid and Bid Alternatives 1 through 5 be selected for construction. Alternate Bid 6 is not recommended for inclusion due to budget constraints. Council Action Fonn April23 ,2012 Page 3 Due to favorable bid prices , Staff recommends Base Bid and Bid Alternatives 1 through 5 be selected for construction. Alternate Bid 6 is not recommended for inclusion due to budget constraints. The lowest responsible and responsive bidder, Martin Marietta Materials of Westminster, CO, has met the bid and qualification requirements. The price for the Base Bid and Bid Alternates 1 through 5 is $1,263 ,358.1 0. A 10% contingency amount of $126,336 is requested for the cost of other items related to the project. The Director of Public Works would be authorized to issue change orders up to a total contract and contingency amount of $1,389,694.1 0. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and perfonnance on previous projects, and due to favorable bid prices, Staff recommends that the contract be awarded to Martin Marietta Materials and includes the Base Bid and Bid Alternatives 1 through 5. RECOMMENDED MOTION: "I move to award ITB-12-01 , 2012 Overlay Project Base Bid and Bid Alternates 1 thru 5 to Martin Marietta Materials, Westminster, CO in the amount of $1 ,263,358.1 0, with a contingency amount of$126,336." Or, "I move to postpone indefinitely the award of ITB-12-0, 2012 Overlay Project to Martin Marietta Materials, Westminster CO, for the following reason(s) ____________ _ " REPORT PREPARED/REVIEWED BY: Steve Nguyen , Engineering Manager Jennifer Nellis, Purchasing Agent Tim Paranto , Director of Public Works ATTACHMENTS: I . Project Map 2. Bid Tab Sheet UNINCORPORATED JEFFERSON COUNTY C TY LAKEWOOJ OF 2012 WHEAT OVERLAY -/0'7 OVER AY f::::::::.i L.RBAN RENEWAL #1 CITY W DE s-'< PI>\G R DGE DENVER lolo.e Rhoda LAKESIDE Attachment 1 PROJECT: ITB-12-01 2012 OVERLAY PROJECT • * • . ~ City of ~VVli at~e DUE DATE/TIME: WEDNESDAY, APRIL4, 2012 BY 2 P.M. REQUESTED BY: RUSS H IGGINS, PUBLIC WORKS-ENGINEERING ) OPENED BY: JENNIFER NELLIS, PURCHAS1NG AGENT r\h \ WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIANdtf\\ VENDOR APC Construction Company Aggregate Industries Asphalt Specialties Company Brannan Sand & Gravel Co . LOCATION Golden, CO Golden, co Henderson, CO Denver, CO SIGNATURE PAGE YES YES YES YES ACCEPTS VISA NO NO YES NO N ACKNOWLEDGMENT OF ADDENDA (2) YES YES YES YES .. c CONTRACTOR'S QUALIFICATION FORM YES YES YES YES • ILLEGAL ALIEN COMPLIANCE YES YES YES YES E .c LIST OF SUB-CONTRACTORS YES YES YES YES u ca .. NON-COLLUSION AFFADAVIT YES YES YES YES .. c BID BOND YES YES YES YES PRICING: BASE BID, TOTAL: $ 1,288,096.00 $ 1,166,647 .so $ 1,069,823.50 $ 1,037,620.36 BID ALTERNATE #1: $ 24,142.50 $ 21,882.50 s 23,125.00 $ 22,315.36 BID ALTERNATE #2: s 20,027.80 $ 16,728.85 $ 18,510.45 $ 15,919.73 BID ALTERNATE #3: $ 50,533.20 $ 42,266.80 $ 40,548.40 $ 37,577.38 BID ALTERNATE #4: $ 145,228.00 $ 108,821.85 $ 112,000.80 $ 109,356.83 BID ALTERNATE #5: $ 86,121.50 $ 66,095.00 $ 67,964.00 $ 62,211.56 BID ALTERNATE #6: $ 83,920.40 $ 68,025.80 s 58,060.40 $ 59,971.08 page 1 o/2 PROJECT: ITB-12-01 2012 OVERLAY PROJECT DUE DATE/TIME: WEDNESDAY, APRIL 4, 2012 BY 2 P.M. VENDOR Martin Marietta Materials LOCATION Westminster, CO ·. •';I SIGNATURE PAGE YES ACCEPTS VISA NO ACKNOWLEDGMENT OF ADDENDA (2) YES CONTRACTOR'S QUALIFICATION FORM YES IllEGAl ALIEN COMPLIANCE YES liST OF SUB-CONTRACTORS YES NON-COLLUSION AFFADAVIT YES BID BOND YES PRICING: BASE BID, TOTAL : $ 1,025,857.50 BID ALTERNATE #1 : $ 21,171 .00 BID AlTfRNATE #2 : $ 16,273.00 BID ALTERNATE #3 : $ 36,663.00 BID ALTERNATE #4: s 99,433 .20 BID ALTERNATE #5: $ 63,960.40 BID ALTERNATE #6 : s 59,578 .00 REQUESTED BY: RUSS HIGGINS, PUBliC WORKS-ENGINEERING ~ OPENED BY: JENNIFER NELUS, PURCHASING AGEN :\ WITNESSED BY: DENISE WOOD, PURCHAStNG TECHNICIAN ~'( ~; •' . ·. ;1~'"'" ,!::_-.: ,. ... ~'' l ~i page2 of 2 ~ i ~ ... ~ ~ ~ City of • :?Wheat:Ri_dge JTEMNO:n DATE: April23 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ACCEPT ASSIGNMENT OF THE DRAINAGE RIGHT-OF-WAY FROM URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (UDFCD) TO ALLOW RTD TO CONSTRUCT DRAINAGE FACILITIES FOR THE GOLD LINE COMMUTER RAIL D PUBLIC HEARING C8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (mrn/dd/yyyy) 0 ORDINANCES FOR 2N° READING (mm/dd/yyyy) QUASJ-JUDIC . D YES 4~~~Y Director of Public Works City Manager ISSUE: The Columbine Basin Master Drainage Plan calls for construction of facilities within a State Land Board parcel between Miller Street and Oak Street. On behalf of the City, the Urban Drainage and Flood Control District (UDFCD) acquired an easement (right-of-way) over the state property. The City must accept the assignment of the drainage right-of-way to allow the Regional Transportation District (RTD) to construct drainage facilities associated with the new Gold Line Commuter Rail project. PRIOR ACTION: The City Council approved an Intergovernmental Agreement (IGA) with the UDFCD for construction of a storm sewer from Miller Street to Oak Street, south of 50th A venue on April 14, 2008. The IGA included the acquisition of needed drainage right-of-way for the project. On September 14, 2009, the City Council approved delaying the project, but completing the acquisition of the required easements for the project. V :\Forms\CAFte mp la te Council Action Form April23 , 2012 Page 2 . FINANCIAL IMPACT: The April 14 , 2008 UDFCD IGA required that the City finance 50% of all project costs. Funds were deposited with UDFCD and were used to pay for the acquisition of the right-of-way. No further costs will be incurred in accepting the easement. BACKGROUND: The 1994 Columbine Basin Outfall Systems Planning Study identified many improvements in the Columbine Basin. The UDFCD , in cooperation with the City of Arvada, has constructed the Arvada Channel downstream of Miller Street. In 2008 , UDFCD funding became available for completion of the Arvada Channel from Miller Street to Oak Street and construction ofthe initial section of the Ridge Road Tributary along Oak Street. A standard agreement was entered into with the District to address funding the project, with UDFCD and the City each paying for 50% of the estimated $650,000 project costs . In 2009 the project design engineers determined that the originally-proposed earthen ditch would not be feasible because of a high ground water table . Funds were not available to construct the more expensive box culvert that was now required. The drainage project was delayed , pending additional funding, but a decision was made to finalize the acquisition of the needed easement from the State Land Board. UDFCD has now acquired the drainage right-of-way across the state property and has assigned its interest to the City. The right-of-way will be used by RTD to serve the new Gold Line Commuter Rail facilities along Ridge Road . RECOMMENDATIONS: Staff recommends that the assignment of the drainage right-of-way be accepted by the City. RECOMMENDED MOTION: "I move to accept the drainage right-of-way from the UDFCD to allow RTD to construct drainage facilities for the Gold Line commuter rail." Or: "I move to postpone indefinitely the acceptance of the drainage right-of-way from the UDFCD that would allow RTD to construct drainage facilities for the Gold Line commuter rail for the following reason(s) " REPORT PREPARED BY; Tim Paranto , Director of Public Works ATTACHMENTS: 1. Assignment ofRight-of-Way 2. Location map ASSIGNMENT OF RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, by Instrument dated December 30,2011 by and between the STATE OF COLORADO BOARD OF LAND COMMISSIONERS and URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a body corporate and politic, a political subdivision of the State of Colorado, and municipal corporation Right-of-Way No. 3520 was granted to URBAN DRAINAGE AND FLOOD CONTROL DISTRICT for certain rights through and under State trust lands located in Jefferson County, Colorado described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Instrument"); and WHEREAS, said Instrument specifically granted a right-of-way across certain portions of State trust lands for the purpose of constructing, operating, and maintaining a box culvert storm sewer mainline, RCP storm sewer laterals with inlets, grading/earthwork, with up to 5 feet of cut to remove the existing raised railroad bed and to direct the surface flow to the inlets, and an all weather gravel maintenance road; and WHEREAS, said Instrument permitted URBAN DRAINAGE AND FLOOD CONTROL DISTRICT's transfer or assignment of its interest in the real property and its obligations contained in the Instrument, at any time, to another governmental entity; and WHEREAS, said Instrument was recorded in the records of the Clerk and Recorder of Jefferson County, Colorado on January 27, 2012 at Reception No. Attachment 1 2012009253;and WHEREAS, THE CITY OF WHEAT RIDGE, COLORADO, a home rule municipality, qualifies as "another governmental entity'' under the terms of the Instrument; and WHEREAS, URBAN DRAINAGE AND FLOOD CONTROL DISTRICT and THE CITY OF WHEAT RIDGE, COLORADO have agreed that it is to each of their mutual benefits and advantages that URBAN DRAINAGE AND FLOOD CONTROL DISTRICT now assign to THE CITY OF WHEAT RIDGE, COLORADO all of its right, title, interest and obligations in and to Right-of-Way No. 3520. NOW, THEREFORE, URBAN DRAINAGE AND FLOOD CONTROL DISTRICT does hereby grant, convey, transfer and assign all of its rights and obligations under the Instrument to THE CITY OF WHEAT RIDGE, COLORADO and THE CITY OF WHEAT RIDGE, COLORADO does hereby accept such assignment and agrees to comply with the terms and conditions of the Instrument and, to the extent permitted by law, to defend, indemnify and hold harmless URBAN DRAINAGE AND FLOOD CONTROL DISTRICT in regard those rights and obligations contained in the Instrument. IN WITNESS WHEREOF, URBAN DRAINAGE AND FLOOD CONTROL DISTRICT has executed this ASSIGNMENT OF RIGHT-OF-WAY on March 15, 2012. 2 STATE OF COLORADO CITY AND COUNTY OF DENVER URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a body corporate and politic, a political subdivision of the state, and a municipa l corporation B~lJ€)4·' ,eo~•) Susan Beckman, Chairperson ) ) ss. ) The foregoing instrument was acknowledged before me this 15th day of March 20 12, by Susan Beckman, Chairperson of the URBAN DRAINAG E AND FLOOD CONTROL DISTRICT, a body corporate and politic, a political subdivision ofthe state, and a municipal corporation. SANDRA A. GONZALEZ Notary Public State of Colorado My Commission liKPirel APtll l 7. 20 l 3 Witness my hand and official seal. My commission expires : c.t /; 7 /:r.eu 3 3 EXHIBIT A Page 1 Over, through and upon a strip or parcel of land one hundred (1 00) feet wide, being fifty (50) feet in width on each side of the center line of the final location ofthe Golden extension of the Denver and Northwestern Railway, over and across the southwest quarter of the southeast quarter (SW 1/4 of SE 114) of section sixteen (16), township three (3) south, range sixty-nine (69) west of the 6th p.m.; said center line being more particularly described as follows, to wit; commencing at its intersection with the east line of said southwest quarter ofthe southeast quarter (SW 1/4 ofSE 1/4) of section sixteen (16), distant four hundred and ten ( 41 0) feet, more or less, south of the northeast corner of said forty (40) acre tract; thence south seventy-four degrees twenty-two minutes west (S. 74°22' W.) for a distance of thirteen hundred and eighty-seven (1387) feet, more or less to an intersection with the north and south center line of said section, five hundred and forty (540) feet, more or less, north of the south quarter corner thereof, less and except any portions lying within Miller Street or Oak Street. More particularly described as follows: Commencing at a point being the northeast corner of the southwest quarter of the southeast quarter of said section 16; thence S00°12'55"E, along the east line of the southwest quarter of the southeast quarter of said section 16, a distance of 358.29 feet to a point; thence S74°03'03"W, a distance of31.17 feet to a point on the westerly right-of- way line of Miller Street, said point also being the point of beginning; Thence S00°12'55"E, along said westerly right-of-way line, a distance of 103.89 feet to a point; thence S74°03'03"W, a distance of 1319.10 feet to a point on the easterly right-of- way line of Oak Street; thence N00°12'58"W, along said easterly right-of-way line, a distance of 103.89 feet to a point; thence N74°03'03"E, a distance of 1319.10 feet to the point of beginning. County of Jefferson, State of Colorado. N ., c ~ E .I: u ca ., :c .. ~"~ -~ ... City of • :_rpr Wheat:Ri_dge ITEM NO: _L.f DATE: April23 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO CARTEGRAPH INC. IN THE AMOUNT OF $42,621 FOR THE ANNUAL RENEWAL OF LICENSING AND SUPPORT FOR THE CARTEGRAPHSYSTEM D PUBLIC HEARING i:8J BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2N° READING D YES The proposed annual renewal of licensing and support ofthe existing Cartegraph program and the associated modules are necessary to maintain the software for the City. The cost of the annual renewal oflicensing and support is $42 ,621 , which was approved in the 20I2 IT Budget. This package is all-inclusive for licensing and technical support services. It includes software upgrades and bug fixes and patches, plus technical support to implement these software enhancements and fixes. PRIOR ACTION: Council approved the 20 II annual support agreement. FINANCIAL IMPACT: $42 ,621 is budgeted in the 2012 IT Budget. BACKGROUND: Currently, the staffhas access to several Cartegraph modules . These are Sign View (Sign Inventory), Pavement View (pavement conditions-inventory), Versa View (service requests), Storm View (storm water asset inventory), Marking View (pavement markings V :\Forms\CAFte mpl ate Council Action Form May 9 , 2011 Page 2 . ' • ! condition), Tree View (tree inventory), Park View (park equipment inventory), Fleet (fleet maintenance) and GIS integration. ln early 2012 IT staff completed a major upgrade to the software from Cartegraph , which required support and maintenance. The continued renewal of the licensing and support contract is a strategic move to maintain and keep the Cartegraph software up to date. RECOMMENDATIONS: Staff recommends approval of the annual support and licensing renewal for the Cartegraph system. RECOMMENDED MOTION: "I move to approve payment to Cartegraph , Inc. in the amount of $42,621 for the support and licensing renewal for the Carte graph system." Or, "I move to deny payment to Cartegraph , Inc. in the amount of $42,621 for the support and licensing renewal for the Cartegraph system for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director ATTACHMENTS: 1. Cartegraph Invoice # R-07835 Cartegraph 3600 DIGITAL DRIVE DUBUOtrB IA 52003 FEIN: 42 -1419553 Bill To: City of Wheat Ridge Mike Steinke 7500 W 29th Ave Wheat Ridge co 80033-8001 Item Nwnber Modules Covered FLEETEXTRENEWAL Fleet for WORKdirector Ft.EX UBRENEWALO FLEXlicense OB Renewal Support MODIFYSOPPORTSR Modification Support Renewal -#877, PARK OEXTRENEWAL Parks & Playgrounds Extension for I OATABASESRLOOOO Database Security Support Renewal 901 VERS TREEOEXTRENEWAL Tree Extension for VERSAtools Support INVOICE Invoice # R-07835 Invoice Date 3/28/2012 Support Exp Date 6/6/2012 Payment Terms Net 30 Customer ID WHEATCICO Page: 1 LICENSEE (it different from above Unit Extended Qty Price Price 1.00 $520.00 $520.00 22.00 $1,595.00 $35,090.00 1. 00 $4, 581.00 $4,581.00 1. 00 $440.00 $440.00 1. 00 $1,550 .00 $1,550.00 1.00 $440.00 $440.00 Subtotal $421 621.00 Tax $0.00 Total $42, 621.00 This renewa l n otice i being senl to remind yo u that your mainlenance, s ubscription or upport agreement will expire on the upporl e piration date li ted abo e. To co ntinue our agreement without Interruption please return pa . ment wltbin 30 day . If I be agreement lap e the renewal will be I he II t price plus a 40% fee . If you have any que tion plea e contact Kevin Kline at: Kevinkline@ cartcgraph.com Direct 563-55 7-5198 Toll ree 800..688 ·2656 ext 5298 Fax 563-556-8149 Attachment 1 ... ~ ' ~ -. ~ ... City of • :rwheat:RL_dge ITEM NO:~ DATE: April 23,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 21-2012-A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW AN ON-LINE PUBLIC CHARTER SCHOOL FOR UP TO 50 STUDENTS AS AN ANCILLARY USE TO A CHURCH IN A RESIDENTIAL-ONE (R-1) ZONE DISTRICT LOCATED AT 3010 NEWLAND STREET (CASE NO. SUP-12-01) [8J PUBLIC HEARING D BIDS/MOTIONS [8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING City Manager The applicant is requesting approval of a Special Use Permit (SUP) to allow an on-line public charter school for property zoned Residential-One (R-1) located at 3010 Newland Street. This case was initiated as an administrative review; however, written objections to the application were received during the public notice period. When objections are received, the special use is required to be considered by City Council at a public hearing. PRIOR ACTION: In 2009, the previous congregation submitted an application for a special use permit to open a daycare on the property. This application was ultimately denied by City Council. One reason for denial related to neighborhood concerns regarding traffic and impact on the neighborhood. FINANCIAL IMPACT: One-time fees in the amount of $440 were submitted with the application. Case No . SUP-1 2-01 April23 , 2012 Page 2 . BACKGROUND: The applicant is requesting a SUP to open a public charter school at 3010 Newland Street. The proposed school will be a satellite school for Hope Online Learning Academy-an online based program certified by the Colorado Department of Education. The school is proposed to serve between 35 and 50 students , from grades kindergarten through 8th grade. Enrollment will be focused on students that are currently achieving below grade level. The church that exists at 3010 Newland Street-Iglesia Biblica Manatial (Wellspring Bible Church) -is a separate entity from the proposed school , but the school will utilize the existing ground floor classrooms and the gymnasium . The school will be open enrollment, but many of the prospective students are expected to come from the church's congregation . Lunch will be provided to the students , and teachers will be state certified with an estimated ratio of one teacher per 18 students . The school will hold quarterly meetings with the charter authorizer (Hope Online and Douglas County) to discuss progress and issues ; neighbors and parents are welcome to attend. No extracurricular activities are proposed at this time. As a learning center for Hope Online, the proposed school is considered a public charter school , subject to the same rules and regulations as all public schools. The standard schedule will be Monday through Friday, from 8:00am to 3:30pm. At the beginning and end of the school day, the applicants intend to utilize two vans to transport students. A large existing off-street parking area will accommodate any additional vehicles associated with the school. No site changes are proposed with thjs application. The property is surrounded on all sides by low density residential zoning and land use. The application has been through a standard City and outside agency referral process. Interior modifications will be required by both the City building division and the Wheat Ridge Fire Protection District. A detailed staff report with exhibits is included as an attachment for additional background on this application. RECOMMENDED MOTION: "I move to adopt Resolution No. 21-2012, a resolution approving a Special Use Permit application for approval of an on-line charter school on property zoned Residential-One located at 3010 Newland Street (Case No . SUP-12-01), for the following reasons : 1. There are no physical changes proposed for the property. 2 . The proposed cap on the number of students will be 50. 3. The existing street network system can accommodate the on-line school. 4. The proposed Special Use Permit will not have a detrimental effect upon the general public health , welfare , and safety of the surrounding area if operational characteristics are adhered to. Case No. SUP-12-01 April23,2012 Page 3 With the following conditions: Or, 1. The maximum number of students allowed is 50. 2. The gym shall be used as the primary area for recreation. 3. The school shall provide a minimum oftwo ded icated vans for morning and afternoon student transportation. 4. The SUP is a grant ofuse to the Wellspring Bible Church on behalfofHope Online and shall not be transferred or assigned. 5. That the school continues to meet the State of Colorado Department of Education and Douglas County school standards. 6 . That ongoing monitoring of the school occurs to ensure the conditions of approval have been adhered to." "I move to postpone indefinitely the adoption of Resolution No . 21 -2012, a resolution approving a Special Use Permit application for approval of an on-line charter school on property zoned Residential-One located at 3010 Newland Street (Cas e No. SU P-12-01), for the following reason(s): " REPORT PREPARED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No . 21-2012 2 . Staff report with exhibits CITY OF WHEAT RIDGE, COLORADO Resolution No. 21 Series 2012 TITLE: A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW AN ON-LINE PUBLIC CHARTER SCHOOL FOR UP TO 50 STUDENTS AS AN ANCILLARY USE TO A CHURCH IN A RESIDENTIAL-ONE (R-1) ZONE DISTRICT LOCATED AT 3010 NEWLAND STREET (CASE NO. SUP-12-01) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Special Use Permits; and WHEREAS, an application for a Special Use Permit has been received from Wellspring Bible Church to allow an on-line public charter school on property located at 3010 Newland in an R-1 zone district; and WHEREAS, the request for Special Use Permit began as an administrative process which registered three written objections during the 10- day posting and notification period triggering a City Council public hearing; and, WHEREAS, all required publishing, posting and notification requirements for an April 23, 2012 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows A SPECIAL USE PERMIT TO ALLOW AN ON-LINE PUBLIC CHARTER SCHOOL FOR UP TO 50 STUDENTS AS AN ANCILLARY USE TO A CHURCH IN A RESIDENTIAL-ONE ZONE DISTRICT IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. There are no physical changes proposed for the property. 2. The proposed cap on the number of students will be 50. 3. The existing street network system can accommodate the on-line school. 4. The proposed Special Use Permit will not have a detrimental effect upon the general public health, welfare, and safety of the surrounding area if operational characteristics are adhered to. With the following conditions: 1. The maximum number of students allowed is 50. 2. The gym shall be used as the primary area for recreation. Attachment 1 3. The school shall provide two dedicated vans for morning and afternoon student transportation. 4. The SUP is a grant of use to the Wellspring Bible Church on behalf of Hope Online and shall not be transferred or assigned. 5. That the school continues to meet the State of Colorado Department of Education and Douglas County school standards. 6. That ongoing monitoring of the school occurs to ensure the conditions of approval have been adhered to. DONE AND RESOLVED by the City Council this 23rd day of April , 2012 . By : ________________________ _ Jerry DiTullio , Mayor ATTEST: Janelle Shaver, City Clerk 2 "'~j~ -... .., ~ City of • ~ Wheat.B.i__dge COMMUNITY DEVELOPMENT TO: City Council DATE: Aprill6, 2012 CASE NO. & NAME: ACTION REQUESTED: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT CASE MANAGER: Meredith Reckert SUP-12-01/Wellspring Bible Church Request for Special Use Permit to allow a public on-line charter school LOCATION OF REQUEST: 3010 Newland APPLICANT: Angel Zamarripa for Wellspring Bible Church APPROXIMATE AREA: 1.21 acres PRESENT ZONING: Residential-One (R -1) ENTER INTO RECORD: (X) CASE FILE (X) ZONING ORDINANCE Site SUP-12-01/Wel/spring Bible Church Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to make a determination regarding this request. I. REQUEST The applicant is requesting a Special Use Permit (SUP) to open a public charter school as ancillary to a church at 3010 Newland Street. The proposed school will be a satellite school for Hope Online Learning Academy-an online based program certified by the Colorado Department of Education and funded and administered by Douglas County Public Schools. (Exhibit I, ap licant 's request) The property in question is zoned R-1. The R-1 zone district is a low density zoning category which allows primarily single-family residential development. There are also a variety of recognized ancillary uses such as the keeping of household pets and special uses. Special Uses include government buildings with outside storage, bed and breakfast facilities and public or private schools. Section 26-114. (Special uses) of the Zoning and Development code defines the purpose of special uses as follows: "Sp ecial uses are discretiona ry uses which , if properly des ign ed, d e ve loped, operated and maintain ed , may be approved for any specific location w ithin a zon e district where in th e special use is enumerated. Th e primary is s ues to be address ed are thos e related to justification of nee d and special design and operational considerations which mitigate potential de trim ental impacts of a special us e on surrounding land us es , th e stree t sy stem, or public s ervices or fa cilities. In order to protect th e public interest, a special us e may be approved, appro ve d w ith modifications or denied. " Pursuant to Section 26-114 of the Code of Laws , the Community Development Director has the ability to decide upon applications for administrative Special Use approval , without requirement for a public hearing, provided the following conditions are met: I. A completed application package has been submitted and fee paid ; 2. The Community Development Department has notified adjacent property owners by letter notice and the site has been posted for at least ten ( 1 0) days ; 3 . No written objections have been received in such ten-day period ; 4. The Community Development Director concludes that the criteria for approval , as set forth below , are substantially complied with and support the request. Thls request started as an administrative application considered by the Community Development Director but because written objections were received , it is being forwarded to City Council for a public hearing. (Exhibit 2 and 3 , administrative determination and letters of objection) II. PROPERTY DESCRIPTION/HISTORY The property is located at 3010 Newland Street and is zoned Residential-One (R-1 ). Surrounding the parcel is a residential neighborhood that also contains single-and two-family homes. To the north and west are properties zoned Residential-Two (R-2), to the east are two properties zoned R-IA, and to the south are lots zoned R-1 , R-1 C , and R-2 . One block to the south is Stites Park at the comer of Newland and W. 29th Avenue. The subject parcel is a long, narrow lot located at the northeast comer ofNewland Street and 301 h A venue. It is 1.2 acres in size and has two structures on it: a church on the western side that was originally constructed in 1965 and a gymnasium in the middle of the lot. Parking areas are located on S UP -12-0 1/We l/spring Bib le Church 2 the western and southern portions of the property, and the far eastern side is an undeveloped field area . (Exhibit 4, P.ro erty plat) There is a noticeable change in grade on the property, from east to west. The primary entrance for the church and offices is at grade along Newland Street, but the back of the building has a walkout basement. This lower level that faces east contains about 10 classrooms. The property has served as a church for many years. Until recently, it was shared by two congregations. Today it is used only by the applicant's congregation. III. CASE ANALYSIS The applicant is requesting a Special Use Permit (SUP) to open a public charter school at 3010 Newland Street. The proposed school will be a satellite school for Hope Online Learning Academy- an online based program certified by the Colorado Department of Education and administered by Douglas County School District. The school is proposed to serve between 35 and 50 students, from grades Kindergarten through 8th grade. Enrollment will be focused on students that are classified as "at risk" academically. The church that exists at 3010 Newland Street-Iglesia Biblica Manatial (Wellspring Bible Church )- is a separate entity from the proposed school , but the school proposes to utilize the existing ground floor classrooms and the gymnasium. The school will be open enrollment, but many of the ros ective students are expected to come from the church 's congregation. (Exhibit 5, Ho e Online arrative Lunch will be provided to the students, and teachers will be state certified with an estimated ratio of 1 teacher per 18 students. The school will hold quarterly meetings with the charter authorizer (Hope Online and Douglas County) to discuss progress and issues ; neighbors and parents are welcome to attend . No extracurricular activities are proposed at this time. As a learning center for Hope Online, the proposed school is considered a public charter school , subject to the same rules and regulations as all public schools . The standard schedule will be Monday through Friday, from 8:00am to 3 :30pm. At the beginning and end of the school day, the applicants intend to utilize two vans to transport students. A large existing off-street parking area will accommodate any additional vehicles associated with the school. No site changes are proposed with this application. In 2009, the previous congregation submitted an application for a special use permit to open a daycare on the property. This application was ultimately denied by City Council. One reason for denial related to neighborhood concerns related to traffic. The proposed school is a different use with different impacts and operations than the daycare. In particular, the current applicant has proposed to address traffic impacts by providing transportation for students utilizing two vans. Even if 80% of the students arri ved by single occupancy vehicles , it would only result in 40 additional trips both in the morning and the afternoon. The proposed school does increase the weekday activity at the subject property, but there are several church functions that already occur during the week. These include choir practice and bible studies that meet on weekday evenings. The congregation is usually on-site all day on Sundays. Although the S UP -12-0 JIT¥e llspring B ible Church 3 school will be a separate entity from the church, the leadership of each will generally include the same people, and the school will be paying rent to the church for the use of the lower level classrooms. IV. SPECIAL USE PERMIT CRITERIA Before a special use is approved, the applicant shall show and the City Council shall find that the majority of the proposed Special Use criteria have been met Exhibit 6, A licant's res onse to SUP criteria). Staff provides the following review and analysis of the SUP criteria. 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The proposed special use will not affect the health or welfare of persons in the area. The safety and convenience of area residents may be impacted by the increase in traffic, although this increase should be minimal if the transportation system proposed using vans for pick-up and drop-off is utilized and effective. Staff concludes that this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The property is developed and does not contribute to blight in the neighborhood. There will be no exterior modifications to either of the building on the property or to the site that would create blight. The property is properly maintained and it is expected that with the additional use , this will continue. Staff concludes that this criterion has been met. 3. The special use will not create adverse impacts greater than aiJowed under existing zoning for the property. The primary impact from the proposed special use will be traffic. The R-1 zoning allows single family residences with appropriate ancillary uses. If the property were subdivided for residential development, it could accommodate four homes. It is generally assumed that a typical residence generates 10-12 vehicle trips per day or 48 total trips. The church has services on Sunday and has an active congregation with various groups meeting during the week. These meetings are typically during the evening. The school hours are proposed to be 8 AM -3:30PM Monday through Friday. The proposed offset activity hours will compensate for the additional activity and resultant traffic to and from the site. While the school could generate up to 110 trips per day (50 students plus 5 staff = 55 x 2), the proposed use of vans for transporting the students will reduce this impact. Staff has concluded that the existing street network can support the small amount of additional traffic associated with this use. S UP -12-01/We l/spring Bible Church 4 The prior application proposed two outdoor play areas adjacent to the homes to the north. All physical activity associated with the school are to occur within the gymnasium which will minimize noise impacts. Staff concludes that this criterion has been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service of internal traffic conflicts to the detriment of persons whether on or off the site. The property is located at the northeast comer ofNewland and West 30th Avenue and has adequate off-street parking to accommodate the school. The existing street network in the area has the ability to handle the extra traffic generated by this use. This increase will be kept to a minimum as the school will have vans to pick-up and drop-off the pupils. While the adjacent streets are public and are allowed to be used for parking, both the church and school should have internal policies requiring all parking occur on the premises. Vehicle trips have been estimated to range from 20-80 vehicle trips per day. Comparable residential development of the property would generate approximately 50 trips per day. Staffbelieves the traffic volume is compatible with the residential area, particularly with the ability to distribute the traffic in four directions. Staff concludes that this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The property is fully developed with no new buildings being proposed ; therefore, there should be no impact on light and air to surrounding properties. The amount of impervious surface will not change so drainage will not be impacted. The gym building will be used for physical activity; therefore noise impacts will be kept to a minimum. Staff concludes that this criterion has been met. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. Although an occasional field trip to Stites Park (29th/Newland) may occur, it should not have a discernible impact. All utility agencies are currently serving the property and will continue to do so. There will be upgrades required by both the Wheat Ridge Building Division and Wheat Ridge Fire Protection District which must be performed before occupancy of the school occurs. Staff has already concluded that the existing street network is adequate to handle additional trips generated by the school use. Staff concludes that this criterion has been met. SUP-12-01 /Wel/spring Bible Church 5 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. No history was found regarding code requirements or violation of prior conditions of approval on the subject property. Staff concludes that this criterion has bee n met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. There are no exterior modifications to the existing structures on the property; therefore the standards of the ASDM do not apply. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING A meeting for neighborhood input required by the SUP application was held on February 15 , 2012. A summary of the meeting and attendance sheets are attached. (Exhibit 7 and 8, neighborhood meeting recap and si g!}-U sheets) VI. AGENCY REFERRALS Referrals were sent to impacted agencies with response below. Xcel Energy: No concerns. Wheat Ridge Fire Protection District: The proposed public school will constitute a change of use. Upgrades may be required. Wheat Ridge Building Division: The public school use will require upgrades including egress , fire separation and fire suppression . Wheat Ridge Police: No concerns. Wheat Ridge Public Works: Has reviewed and concluded that no traffic or drainage improvements are required. VII. ADMINISTRATIVE NOTICING Pursuant to the requirements of Section 26-114 , special use applications can be approved administratively after a ten-day noticing period if no legitimate objections are received . In response to the administrative noticing, several comments were submitted. This included two letters of objection , one email and seven telephone calls , also in objection. Primary concerns were traffic and noise generated by the request. There was one phone call in support of the application . S UP -12-01/We/l sprin g Bible Churc h 6 VIII. STAFF RECOMMENDATION Staff has concluded that there will be some impacts to the neighborhood relative to traffic but that this increase in vehicle trips to and from the site will be nominal and that the ex isting street network can support it. In addition, the proposed use of busing should further alleviate some of these traffic concerns. The preamble to the Special Use section in the zoning code indicates that there should be a justification of need, special design considerations and operational considerations if a special u s e permit is to be approved. One of the goals identified in Envision Wheat Ridge is for the community to recognize the need for quality schools and the role they play in attracting and retaining families and employers. Further, the Comprehensive Plan states that the city should continue to coordinate "with Jefferson County Public Schools, private and charter schools and other educational providers to maintain existing educational resources and increase educational opportunities for all types of residents". With regard to design , all improvements are in place and there is ample parking for this use. Additionally, the interior of the structure will have to be upgraded to meet the requirements of the Wheat Ridge Building Division and the Wheat Ridge Fire Protection District. Consideration for operational standards to minimize impacts has been addressed through use of the gymnasium for recess and by the proposed busing of the students. Staff is sensitive to the objections that have been voiced by some members ofthe neighborhood. However, staffbelieves the intent ofthe Special Use section of the code has been fulfilled. With controls embedded in the special u se process, violation of conditions of approv al allows the opportunity to rescind an approval. For these reasons , a recommendation of appro val is given for the following reasons : 1. There are no physical changes proposed for the property. 2 . The proposed cap on the number of students will be 50. 3. The existing street network system can accommodate the on-line school. 4. The proposed Special Use Permit will not have a detrimental effect upon the general public health , welfare, and safety of the surrounding area if operational characteristics are adhered to. With the following conditions: 1. The maximum number of students allowed is 50. 2. The gym shall be used as the primary area for recreation. 3. The school shall provide two dedicated van for morning and afternoon student transportation. 4 . The SUP be a grant of use to the Wellspring Bible Church on behalf of Hope Online and shall not be transferred or assigned. 5. That the school continue to meet the State of Colorado Department of Education and Douglas County school standards. 6. That ongoing monitoring of the school occur to ensure the conditions of approval have been adhered to . SUP -12-0 1/We l/spring B ib le Church 7 Ol /2 5/12 09:44AM Zam a rripa 3033620729 p.Ol IGLESlA BlBLICA MANATlAl,. LEARNING CENTER Proposed learning center an,el zamarrtpa 1/l.S/ZOU Attention : Meredith Recckert· Senior Planner Narrative of the proposed learning center for 3010 Newland st. tslesla Biblica Manatial EXHIBIT 1 .... ,...._,__"_, __ ,_,.,,.-.~, _____ ...................... _ ... .., .. ~ .. -~ Ol;lS/12 09:44AM Zamarripa 30336207Z9 p.02 IGLESIA BIBLICA MANATIAL LEARNING CENTER We are proposing an online learning academy that will provrde comprehensive and quality education for k-8 education. 1.) The learning center will provide proven methods of differentiated instruction in a safe, flexible, non-threatening and aduft sup-ported environment. 2.) The learning center will be child centered education through instructional innovations and on a more personal level due to a lower child to teacher ratio. 3.} Our learning center witt advance academic achievement, character buildin& leadership and enhanced life skills in all its students. 4.) Hope Online has state certified general education teachers, special education teachers and reading specialists to provtde one on one teaching to our students. 5.) The learning center will provide public school grades, credits, transcripts and diplomas. 6.) We wilt have technicat equipment and support available at all times. 7.) The learning center will have an organizational infrastructure. 8 .) There will be oversight of the lmplemeotatlon and progress of a(ademfc achievement, character building. leadership and enhanced life skills through Hope OnUne. 9.) We plan on havtng SO or tess students to start the learning center and don't expect growth in the near future. 10.} We are going to start with children from our church, then we will start recruitment from the neighborhood. 11.) The learning center wllf provide transportatiOn to the students to alleviate traffic in the neighborhood. 1 ...... ~j-~ ..... ., r City of • ~ \Vheat;B;!_dge COMMUNITY DEVELOPMENT PLANNING DIVISION ADMINISTRATIVE DETERMINATION TO: Community Development Director CASE MANAGER: Meredith Reckert DATE: March 16 ,2012 CASE NO. & NAME : SUP-12-02/Wellspring Bible Church ACTION REQUESTED: Request for Special Use Pennit to allow a public on-line charter school LOCATION OF REQUEST: 3010 Newland APPLICANT: Angel Zamarripa for Wellspring Bible Church APPROXIMATE AREA: 1.21 acres PRESENT ZONING: Residential-One (R-1) ENTER INTO RECORD: (X) CASE FILE (X) ZONING ORDINANCE Site SUP-12 -02/Wellspring Bible Church EXHIBIT 2 All notification and posting requirements have been met; therefore, there is jurisdiction to make a determination regarding this request. I. REQUEST The applicant is requesting a Special Use Pennit (SUP) to open a public cha1ter school at 3010 Newland Street. The proposed school will be a satellite school for Hope Online Learning Academy- an online based program certified by the Colorado Department of Education and funded and administered by Douglas County Public Schools. Pursuant to Section 26-114 of the Code of Laws, the Community Development Director has the ability to decide upon applications for administrative Special Use approval , without requirement for a public hearing, provided the following conditions are met: 1. A completed application package has been submitted and fee paid; 2. The Community Development Department has notified adjacent property owners by letter notice and the site has been posted for at least ten (1 0) days; 3. No written objections have been received in such ten-day period ; 4. The Community Development Director concludes that the criteria for approval , as set forth below, are substantially complied with and support the request. The Community Development Director can impose conditions or stipulations upon the approval, which may include physical design, operational , and maintenance considerations to ensure compliance with the criteria for review. II. ADMINISTRATIVE NOTICING Pursuant to the requirements of Section 26-114, special use applications can be approved administratively after a ten-day noticing period if no legitimate objections are received. In response to the administrative noticing, several comments were submitted. This included two letters of objection and five telephone calls; also in objection. Primary concerns were traffic and noise generated by the request. There was one phone call in support of the application . Based on the negative response from the neighborhood to the administrative posting, it is recommended that this application be forwarded to City Council for a public hearing on April 23 , 2012. SUP-12-02/We /lspring Bible Church 2 EXHIBIT 3 Kurt E. Snyder 65 30 W 30 1h Ave Wheat Ridge, CO 80214 City of Wheat Ridge Community Development 7500 W. 29th Ave Wheat Ridge, CO 80033 -8001 RE : Case No . SUP -12 -01 Special Use Permit to Allow a K-8 a pub ic charter school on property zon ed Residential -One and located at 3010 Newland Street. To Whom it may concern, I am not in favor of allowing a pubic charter school to be located at the property described in special use permit: Case No . SUP-12 -01 Special Use Permit . Th e traffic and noise would be detrimental to the qual ity of life in the neighborhood and property va l ues will suffer. ~ely, Kurt~~~ Meredith Reckert From: Sent: To: Subject: Follow Up Flag: Flag Status: Dear Ms. Reckert: erika HARVEY <eyharvey1@msn.com> Saturday, March 31, 2012 10:25 AM Meredith Reckert SUR12-01 3010 NEWLAND ST Follow up Flagged I am sending this email regarding the above address and possible changes requested for the property. After discussing the matter with my family and neighbors, there are many negative impacts that will occur to our neighborhood if this change happens. The extra traffic on the weekends and times the church has events, is already felt by all. Speeders and people not stopping at signs already cause safety issues. Our neighborhood streets are not built for the additional traffic and chaos. Cities and neighborhoods can only sustain a certain amow1t of negative impacts before it becomes undesirable and we think ours has reached its' limit. The following is a breakdown of negative impacts that will be felt by us: -Extra traffic and speeders -Neighborhood exposed to more vandalism (tagging, break-ins, damage to vehicles and properties) (The increase tagging at Frank "Hank" Stites park is a huge concern for us; that's where our 12 yr. old son and neighbors' children play.) -Property values affected negatively -Quiet neighborhood no longer due to excessive noise from traffic and people -Accidents caused by people in a hurry getting to and from work -Accidents caused by people not following rules imposed to help with traffic flow -Safety of the neighborhood compromised At this point, these are a few of the obvious negative impacts we are concerned about. Unfortunately, none of us could come up with positive impacts to the neighborhood. Several of us are attending the council meeting when it is set, and we truly hope our voices and concerns are taken seriously before changes are considered. My husband and I purchase our home at 3002 Lamar St. approximately 17 yrs ago because the area is quiet and a bit country just outside of the city. Our choices of cities and homes were many, but fell in love with this spot. There are many changes, unfortunately not all for the positive. We have been dealing with a so called "builder," just South of our home, for the past 5 yrs. and his workers. On numerous occasions, the police were called due to trespassing, parking violations, driving violations, etc. The traffic has increased with workers, realtors, prospective buyers, deliveries, etc., and again the safety of our children and neighbors is affected by this not to mention the extra traffic when the duplexes are sold. Thanking you in advance for your attention to the matter. We will see you at the meeting. Sincerely, Marty, Erika and Cameron Harvey 3002 Lamar St. Wheat Ridge, CO 80214 1 N !&-41 '48" £ zt&o&.SI' PLAT BOOK PAGF .3S REC. 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WHEAT itiOCE FOR RIGIIT-Of"-WAY' PURPOSES , ~ T g ~ 11! ~ If FAIJH BIBL·E CHAPEL WES T ~jo~~~~~t PaESIWH wtU!A"T IUDCE, CO . 1021' PHONE { lO)) 2Ji-U7 5 SUR VEYOR: BJ I SVI.VEYINC BtWCE BERTSOI &6& I • £ AMHERST OR. IF g.~~R( \~; J~a:b112 lEGEND INDICATES SET A fS ~E8AR WITH PLASTIC CAP ST AMPEO "'BJI SURVEYING lS 10717" UNLESS OTHEAWIS£ NOTED PLAHIU NO c.cx.l ISS tON C£11. T I F I CAT!: nus IS TO CEa.71FY THE WITHlN PLAT HAS BE.VI APPR.OVI\0 OY. 'THE PLANt"',..C ~ISSIOI< OF THB CITY OF WII£AT RIDCt, cot.Oiti\OO . ~fl. Z.,L4 A-- Ot\IIUWI D£01CATION: SIO<ED TillS ~y OF ~· 199~ ,.~ER . :Aw~~~~:5F~S~~Tia.l ~~ PRt!Sfbt"if HOI.OeA Of' DEED OF TIUJST: IIOTAJI.T: •;TATE OF COLOIIAOO COU~TY OF JEFFERSQ\1 jss rtt£ FORECOI~ INSTRUMENT WAS ACJC.HC9LEOCEO OF..FOR£ ME THI ~T OF ~ , A.D. 1?9J. OT DAVID TOWNSI!I<O \S PRES10£HT OF FAHH B m!E OlAPEL WEST , INC. AND B.ARAY 1AR.K AS PRESIDENT ·lP' FU.S"T 8N« OF AA.VADA.. 11r COfo\MI.SSI~ EXrtRES ---------.. ~za;:S~ SURYEl'OilS CCIITIF JC.U~: IN THE CCU.TT OF EXHIBIT4 Hope Online Leal'ning Academy Co-Op is a k-J 2 public schaal available ID all Callli'Bda SlildeiiiS . .,; Hope Online, like all online programs serving students statewide, is certified by the Colorado Department of Education. Our authorizer, Douglas County School Dislrict, is responsible for the management and educational accountability of Hope Online students. v Hope Online provides highly qualified teachers, an accredited educational program, including standards- based online cUrriculum software, and computer hardware. v Hope Online focuses its enrollment efforts on the academically at-risk, defined as those students who: • Are P6rformlng below grade level in at least one academic content area assessed by the CSAP or an equivalent standardized test, • Are living In a home or community that is defined as at-risk, including qualifying for free or reduced lunch, or • Attend a neighborhood PUblic school that has been rated, in one of the prnvlous three yearn, as "loW" or "unsatisfactory." .,; Hope Online provides the only opportunity for Colorado's at- risk students to Participate In online education In a supportive environment. .,; Students of Hope Online attend learning Centers, located in a variety of community-based organizations. learning Centers provide mentors, Internet connectivity, and adult support and supervision . .,; Hope Online was founded in 2005 and currently serves 3,000 Colorado students . .,; As a public school, Hope Online receives the minimum per pupil revenue (PPR) from the state. EXHIBITs ,, Students excel due to increased personal attention and the flexible, self-paced nature of the online curricula. I have witnessed incredible academic progress and am determined to help Hope Online close the achievement gap and reduce the dropout rate. ,, -Ms. Laurie Griffith, Cherry Creek Learning Center ----------Enrollm -ent -Statistics-------- 55 . . . so -···-····--·· 45 . 40 ·-·-·-·-- 35 : 30 2800 .__· -- 2700 ; 2600 ·-·-·- 2500 ------ 2400 2300 ... --·- 2200 . 2008 LeaPning CentePs • • 4 ~ ~ • --· -. --. -- --- 2009 2010 Students 2100 -·-------. 2ooo __ .2008 2009 2010 AvePage Numbep at Students pep LeaPning Center 66 ~ ·. . - 62 !--· 64 -·--·----~ ··---·------··- 60 1-·--. . . .. --·-... . ·--.. . . ... . .. -····-·· ... ·-·--.--·-·. sa , ... ·•···•····•· ·· ·• ··-·· ·•· ·· ·· ·•· · -· ·•· -·· ·· · ··· --------. 56 i 54 ! . . . 56 . . . 58 ----·--- 52 ··-------.. . • . ·-----·---·· ·-··--·--. ·------ 2008 2009 2010 . ' - Dril'ne -Stuilent Community--- Student Ethnicity Hope Online students are ethnically diverse; 79% are minority. Two or More Races 3% English as a Second Language 31% of Hope Online students quality for ESL services. Non-English Proficient 13'Yo Grade Level A quality education for k-12 students: 50% k-5, 19% 6-8, and 29% 9-12. Lunch Program Eligibility 63% of Hope Online students qualify for free or reduced lunches. Reduced Price 7% Gender Students are almost evenly split by gender. Special Education 5% of Hope Online students receive Special Education Services. ---- ----------------- Hope Online is committed to he~ilg·students learn, achieve, and graduate. 'II Student Achievement • Individualized learning plans allow students to build upon mastered skills and knowledge. • Frequently measured academic progress is consistent with local, state, and federal standards. • Student participation in the Colorado Student Assessment Program (CSAP) ensures accountability for academic achievement through analysis of longitudinal growth. 'II Quality Curriculum • Curriculum meets or exceeds the Colorado Model Content Standards for all grades and subjects. • Curriculum includes online lessons accompanied by offline activities for comprehensive learning. • Students may choose from over 50 approved elective courses. • Compass Learning and A+ are both recognized industry leaders in online curriculum development. 'II Staff Qualifications • Hope Online Teachers are licensed by the Colorado Department of Education and satisfy the highly qualified requirements of No Child Left Behind (NCLB). • As defined in NCLB and Colorado statute, Hope Online Mentors hold at least a 2-year Associate's degree and have experience working with youth at a school, daycare, or counseling center. 'II Professional Development • Teacher development and training are coordinated with the Douglas County School District. • Learning Center staff participate in professional development conducted by the DCSD. • Online curriculum training is provided throughout the school year. _,. .... ,~ . .,.~.' H( )peOn/in:_\ J..-.unin!l A"'"'""'Y ( :., Op ------- '' . ' Hope Online students have realized they can Jearn, and that the people around them believe in them. We are closing the achievement gap and decreasing the dropout rate. '' -Rod Johnson, A Brand New Start Learning Center ------Stan ar -iJ-1Js-lifAccounta&ility---- 1111118llllile is a J!ilic *"IBr BC/mal. Clll'tifilllly IIJe l:nil'BdB 81ate Bard 8f flb:BUIII, BllbJeciiD Ifill BBIIIB Pl~l Blliii'B11Jiali118 IS 81 flllblil: lt:I!Bills. v leadership • The Executive Team has over 100 years of education experience, including online expertise. • The Board of Directors is composed of community leaders and online education advocates. V learning Center Certification • The Hope Online Learning Center application process includes demonstration of leaching or counseling eXperience, facility capacity & safety, finance & budget management, and commitment to student academic success. • Hope Online learning Centers must be awarded approval before operating. • DCSD Duality Assurance Team reviews learning Centers with evaluation tools si m ilar to those used for school accreditation. v Compliance • learning Centers are routinely visited to ensure compliance with policies and procedures. • learning Centers are "'viewed for their practices regarding : qua/Wied personnel; curriculum, instru ction & assessment; instructional support services; student discipline & management; finance & budge~ risk management & safety; and communication . • learning Centers are subject to correct ive action plans and held accountable for policy vio lations. v Transparency · • Hope Online students (3rd-1 Oth) participate in the Colorado Student Assessment Program. • Hope Online mceives thme School Accountability Reports (1•-s•, 6'"-B•, and 9•-12'~ issued by the Colorado Department of Education. • As required for all public schools, Hope Online has a school accountability committee, composed ot parents, business people, and school representatives , which meets quarterly. H<>~)e ;k,;~;\ l.(':uuiu}! Ac:~ulr•my C :., ( )Jl II If we can approach teaching children in different ways, they Will succeed and we, in turn, Will succeed as a school, as a community, as a state, and as a country. ,, -Ms. Denise Duran, New Heights Academy ---- Hope Online oners students statewide, from Denver to Dinosaur, the opportunity to develop criti:al thinking, problem solving, and crucial21 11 century skills. -.1 Hope Online Offers Real World Learning Solutions • Thorough student pre-assessment distinguishes ability from attitude, affirming each individual student's potential for success. • Students, with job responsibilities from ranching to retail, do not have to forfeit their education for income. Our Learning Centers offer a variety of schedules to accommodate student and family needs. • Hope Online's at-risk students, with one-on-one attention, turn their lives around, pursue graduation and career options, and become productive Colorado citizens. 1./ Hope Online Students Succeed in an Urban Environment • Students, challenged by negative peer pressure to lead violent and unhealthy lives, take advantage of positive adult support as they progress toward their academic goals, graduation, and career plans for the future. • Individualized learning plans, tailored to each student's unique strengths and weaknesses, empower students previously caught in a cycle of underachievement. • Students explore practical and diverse post-secondary opportunities. 1./ Hope Online Brings Education Resources to Rural Colorado • Educators, previously isolated by distance from a strong peer support system, join an established network of experienced online teachers and have access to resources to facilitate optimal student learning. • School districts, struggling with the rising expenses of serving a geographically dispersed population, reduce costs by supporting local Learning Centers. H(>pc ;1/i;~~ ~~ J .c.-n aninf!At~.tc lcm y (:n ()p '' With significant support from the McCoy community, coupled with the partnership between Hope Online and Eagle County Schools, we are able to utilize an existing facility to offer a quality education option to students in McCoy. '' Ms. Dawn Mutchelknaus, Rock Creel< Academy Learning Center -------------------- ---- ----- Hope Dnlilelleadership team represents over 1 DO years of education experience, with more than three decades of online expernse and advocacy, combined .. ~ Executive Team • Heather O'Mara, Chief Executive Officer, is active In Hope Online's daily operations in the areas of academics, technology, and finance. Her strategic planning leadership has resulted in a key partnership with Douglas County School District. Going on her twelfth year in the online education industry, Ms. O'Mara has a passion for online k-12 academics and at-risk youth. • Sherida Peterson, Chief Academic Officer, Is a veteran Colorado public school professional and a prior Deputy Superintendent of Jefferson County Public Schools. Ms. Peterson is responsible for driving educational performance; overseeing curriculum, instruction and assessment; managing professional development programs for academic staff and leading the educational team to expand opportunities for Hope Online students. • Joyce Gietl, Chief Operating Officer, has served the alternative education community for 20 years through expert consulting services for online and distance learning organizations. Ms. Gietl oversees the day-to-day organizational operations, including oversight of the Admissions and Records and Technology departments. An online graduate herself, Ms. Gietl received her Master of Arts in Business Communications from Jones International University. • Michael Cooke, Chief Compliance Officer, Is a fourth-generation Colorado native and an advocate tor advancing Colorado students' education options. Ms. Cooke is responsible for Hope Online's Finance and Compliance departments. She oversees the compliance of Learning Centers in accordance v:'ith Hope Online's administrative and student policies. V Board of Directors • Phil Fox, Chairman, served more than 20 years at the Colorado Association of School Executives, and is a strong proponent of quality public education for all students. • Stephannie J. Finley, Vice Chairman, and President of the Governmental Affairs and Public Policy Division at the Colorado Springs Chamber of Commerce, understands that effective community partnerships are integral to improving education. • Raymond Ayon, a technician for the Gang Bureau of the Denver Police Department, is committed to the safety and the academic success of all Colorado students. • Dr. Michael Bautista, the Associate Vice President for Learning and Academic Affairs and the Dean for the Center of Arts and Sciences at the Community College of Denver, believes in the academ ic benefits of subject-integrated curriculum. • Charles Johnson, Assistant Athletic Director for the University of Colorado Athletic Department, influenced by his own academic experience, is dedicated to teaching at-risk students the value of education. • Jennifer Sobanet, an advocate of career and technical education, Is the Director of Outreach and Business Development for Colorado State University and CSU -Global Campus, a 100% online institution enabling non-traditional students to completE? a bachelor's or master's degree. ···t ·~~-~~--'". H()pe Online .. \ l.<.';tfhllll: 1\r:,.lcmy Cu -Op ---- -----~ --------------- --- Hope Online is a public charter school. Like all pubUc schools, Hope Online uses non-sectarian curriculum and maintains a non-sectarian learning environment V Financial Separation • Hope Online evaluates and monitors each Learning Center to ensure that state funds are used only for the education of Hope Online students. • Hope Online policies state: -100% of Hope Online funding must be used by Learning Centers to support non-sectarian education and education- related services. -Each Learning Center shall clearly document how public funds are being used, both in its proposed budget and in the subsequent compliance visits conducted by the Hope Online compliance team. ..., Enforcement in Religiously-Affiliated Institutions • All Hope Online students access their curriculum with these separation provisions: -All classrooms used for instructing Hope Online curriculum must not contain religious symbols. -No religious services, including prayers, may be conducted or led while students are being instructed through the Hope Online curriculum. -Instruction of Hope Online students must be conducted in a religiously-neutral manner. -Instruction materials used to support students may not use religion as an instruction tool. -Religious texts, such as the Bible, Koran, Torah, etc., may not be used for the purpose of proselytizing or indoctrinating students in a particular religion, or promoting religious beliefs . ..., Violation Consequences Imposed by Hope Online • Any Learning Center found in violation of any of these polic ies: -Will be placed on immediate probation, -Must resolve issues within four weeks, and -Faces potential closure and transferring of students if it does not fully comply with the non -sectarian policy. H()pe 6;/i~~-'~: l .t-a lnjn!t At ·;ule lny Cu ~OI' '' With Hope Online, these students have an opportunity to participate In customized online curricula and benefit from mentor support in an environm ent that encourages positive decisions and behavior . '' -Ms. Holly Santistevan, Center of Hope Academy ------------------------------------- Hope Online Learning Academy Co-Op provides Coloradol at-riSk students the opporblnity to succeed in onnne education. ~ Hope Online Learning Centers are hosted by non-profit, community or faith-based organ izations serving at-risk .students. ~ Learning Centers agree, by contract, to provide students: • A safe and supervised learning environment, • Access to proven, standards~based online curriculum, • An average mentor-to-student ratio of 1 :18, and • High-speed Internet access. ~ Student Safety • Hope Online Learning Centers require background checks for all Learning Center personnel. • Hope Online Learning Centers obtain facility approval from the local fire department. ~ Certified Mentors • Mentors part icipate in in-service trainings·, including online curriculum training provided by Hope Online. • Mentors supervise and provide in-person support to students. • Learning Centers maintain an average mentor-to-student ratio of 1:18. ~ Learning Specialists • Learning Specialists from the Douglas County School District visit Learning Centers weekly to work with Special Educat ion students. • Learning Spec ialists advise Teachers and Mentors on student learning strategies. • Learning Specialists coordinate a team of school psychologists, therapists and nurses to serve students. ~ Hope Online Learning Centers agree, by contract, to uphold Hope Online's policies, including: • Non-sectarian environment and instruction, • Student attendance, and • Student conduct. ---- '' Our staff and volunteers are reliable because they are passionate about helping kids get the education they deserve. '' -Ms . Shana Armstrong, Harrison Street Academy Learning Center Hopeodine~ l.eatrning Academy Co-Op Enrollment Summary # of 2008/09 Students 3136 # of 2009/1 0 Students 2871 # of 201 0/11 Students 2861 ~ 2009/10 gQ1Ql11 I~!! !!t ~i!!!liog Q!!OW~ # 'Yo # % # % Start-up Secular 1107 35% 934 33% 786 27% . Existing Secular 260 8% 198 7% 141 5% Start-up Faith-Based 110) 35% 1113 39% 1233 43% Existing Faith-Based . 668 21% 626 22% 701 25o/o TOTAL 3136 2871 g@ ~ 2llO.W.Q @1.!Ull ~hQQI Qi§tri£1 L.l1!<i!liQn§ gf L.!!ii!Yn ing Center§ # % # % Aurora Public Schools 192 6% 406 14% Adams County School District 12 0 0% 0 0% Adams County School District 14 45 1% 20 1% Boulder Valley School District 408 13% 145 5% Brighton School District 27J 53 2% 63 2% Cherry Creek School District 301 10% 255 9% Colorado Springs School District 11 19 1% 7 0% Denver Public Schools 1263 40% 1132 39% Eagle County School District 7 0% 4 0% Eaton RE-2 Schoo l District 103 3% 94 3% .Harrison School District 2 146 5% 137 5% Jefferson County Public Schools 504 16% 504 18% Moffat County Schoo l District RE-1 19 1% 11 0% Poudre School District 0 0% 8 0% Pueblo School District 60 60 2% 61 2% Westminster School District 50 16 1% 24 1% TOTAL .m§_ Zill .... Student Enrollment by Learning Center Type 50% 45% 40% 35% 30% 25% 20% 15% 1004 5% ()%~~~~~~~ # % 389 14% 27 1% 7 O'Yo 82 3% 86 3% 265 9% 7 0% 1114 39% 0 0% 124 4% 118 4% 504 18% 19 1% 34 1% 65 2% 20 1% ~ -+-Start-up Secular --Existing Secular · •-Start-up Faith-Basad _._Exlsti'lg Fakll-Basad Updated 11-19-1 o 367 Inverness Parkway, Suite 225 Englewood, CO 80112 Phone : 303-989-3539 Fax : 303-675-3013 www.HopeOnline.org ' . HOpe Online~· Learning Academy Co~Op Learning Center Summary # of 2008109 learning centers 49 # of 2009/10 learning Centers 51 # of 201 0/11 learning Centers 51 ~ # of Organizations Operating learning Centers 41 ~ Tyoes of leamina Centers # % Start-ilp Secular 20 41% Existing Secular 5 10% Start-up Faith-Based 14 29% Existing Faith-Based 10 20".4 TOTAL ~ ~ §~!J221 Di§lci!<l L.~li!l~ g! l&llrolog QI!Oii!!J #I % Aurora Public Schools 4 8% Adams County School District 12 0 0% Adams County School District 14 2 4% Boulder Valley School District 5 10% Brighton School District 27 J 1 2".4 Cheny Creek School District 2 4°.4 Colorado Springs School District 11 1 2% Denver Public Schools 19 39% Eagle County Public Schools 1 2".4 Eaton RE-2 School District 1 2".4 Harrison School District 2 3 6% Jefferson County Public Schools 6 1~. Moffat County School District RE· t 1 ~. Poudre School District 0 0% Pueblo School District 60 2 4% Westminster School District 50 1 2% IQIAI.. ~ Types of Learning Centers 10% """'~~..,..-:Ttl 5% -!='-"-~±;,..+ 0% -!"-'"'---">...:..:'--' 2008109 2009110 ~ .2Q1Ql11 43 43 ZQ.OOL1Q moill # % # % 20 39% 18 35% 5 10% 4 8% 18 35% 20 39% 8 16'Yo 9 18% ~ ~ 2Q.Q!lLlQ 2lilll.11 #I 'Yo # % 8 16% 7 14% 0 0% 1 2% 2 4% 1 2% 2 4% 1 2% 1 2% 1 2"/o 1 2% 1 2% 1 2".4 1 2% 20 39% 23 45% 1 2% 0 0% 1 2% 1 2% 2 4% 2 4% 7 14o/o 6 t2% 1 2% 1 2% 1 2% 2 4% 2 4% 2 4% 1 2% 1 2% ~ ~ 2010/11 r--------·-------------------------------------,1 1 --Stari-Up Secular --Eldltlng Stall., SCart·up Fallh-Based -Exlsllng Fallh·Based Updated 11 ·1 9·10 361 Inverness Pnrkwoy, Suite 225 Englewood, CO 80112 Phone : 303-989-3539 Fax: 303-675-3013 www.HopeOnline.org . . Hope Online Learning Centers 2010/2011 Grades Enrollment Grades Enrollment Adams County School District 12 Denver Public Schools (Continued) Renewal Academy k-5 27 Redeemer Learning Center.-K k 20 6sli1mli I:<QIIOI~ ~!<bQQI Qilil!~l 12 I!!li!l 2Z Renewal Academy Denver k-6 28 Revolulion Global Academy 6·12 71 Adams County School Dlstrict14 Rocky Mountain SDA k-8 54 Bridges of Sience Academy 6·12 7 Tubman Hilliard Global Academy k-8 51 AQii!!Jli l:<!!unl~ ~!<b!!!!l Ql§!rlc!14 I!!llll z Victory Academy k-3 13 VIsion Academy k-8 30 Adams County School District SO Westside Learning Center k-6 74 Front Range Academy Westminster 6-12 128 Worldwide Academy k-3 & 9-12 15 LARASA Learning Center at Westminster 6-12 20 Qllov~t eu12nc §&!J!l!ll~ 1~111 ~ d~ l<!!!.!nl~ Sch!lQI Qi~lri~l :i!l I121S!I ill Eaton School District RE-2 Aurora Public Schools New Hope Academy k-12 125 Aclion Learning Center k-8 60 ~iliOn ~!lQI D!:iU:i!<l BE;-2 TQ!i!l ill Hope Online Learning Center k·8 57 Utile debbie's Dream Learning Center k-5 72 Harrison School District 2 New Beginnings learning Center k-8 34 All Peoples Learning Center k-12 21 Roca Fuerte Learning Center k-8 94 Ule Preparatory Academy k-12 100 Roca Fuerte Secondary 9·12 64 t:!i!rri~n ~!:!221 Qi§[igt g I12li!l ill 8U!l!!ll ellt!!i~ ~li!J!l!li§ T 121111 ~ Jefferson County Public Schools Boulder Valley School District Center of Hope Academy k-12 191 Front Range Academy Broomfield 6·12 82 Front Range Academy Arvada 6-12 88 ~u!slflr ~illl!l~ ~tl2!21 Di~l~ TQII!I ~ Front Range Academy Lakewood 6-12 56 Healing Waters Family Center 6-12 14 Brighton School District 27-J Tetra Academy k-12 35 Pathway Learning Center k-12 85 Jllllll[li!!O I:<!!!.!Dilr: eublilc S~bl221~ I~al ~ ~dgbi!!D ~1221 Qi~llilil 2Z:..! I121ill ~ Littleton Public Schools Cherry Creek School District Eastwlnd Academy k-12 12 Crescent View Academy k-8 268 LJIII!II!!D Publilo School§ Illlill 12. Qbii!LX Q£11als S!<tl2!21 QIS!l!il TQlill ~ Moffat County School District Colorado Springs School Dlstrlct11 Dinosaur Community Charter School k-12 19 Urban League Child Development Center k-3 8 MQffi!t QQunl~ ~~I Ql!iiDCI Tg!al ll Qg!grj!QQ ~1101JQ§ ~!<1!11!21 Ql§lri!<ll1 I!!lill l! Poudre School District Denver Public Schools JMJA Learning Center 6-12 16 A New Change Academy k-8 25 Trinity k:8 19 Cherry Creek Learning Center k-12 108 PQ~Q[~ Sli!JoQI Di~lrit~t !2111 ~ Common Ground Learning Center 6-12 55 E-cademy k-8 13 Pueblo School District 60 Fakh Prep Learning Academy k-6 22 Cornerstone Learning Center k-12 47 Harrison Street Academy k-5 19 Sortd Rock Academy k-8 19 HillCrest Academy k-12 130 P~!l!!IQ ~h!221 Qi~l!i!<l §Q 12111 §§ lAm Academy k-12 135 LARASA Central learning Center 9-12 16 Grand Total ~ Learners to Leaders Academy 9-12 26 Love Educational Center k-12 110 Maranatha Learning Center 6-12 17 Redeemer Learning Center 1·8 84 SPECIAL USE PERMIT CRITERIA 1. The proposed special use will not affect the health or welfare of any person working or residing in the area. The safety and convenience of residents shall not be compromised due to the fact that the learning center will provide transportation to all students. Even if someone decides not to use learning center transportation, traffic in this area will be minimal for the following reasons: 1) The student drop area will be in the back of the building which will not hinder traffic in the main streets Newland & 30th. 2) The average number of children attending per family is 4 children. 3) Unlike a daycare facility, traffic will only be twice a day at 8:00am and at 3:30. 2. The special permit will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics because the proposed special use permit area will resume all activities within the interior of the facility. Facility does not have outdoor play area, but will provide recreational services to children using indoor gym eliminating creation of blight. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property since no outdoor playing area exists and traffic will be minimal due to the fact that we are going to be providing transportation to students to and from the proposed special use area. 4. The special use will not result in undue traffic congestion or traffic hazards or unsafe parking, loading, service or internal traffic conflicts to the detriments of persons whether on or off the site since pickup and drop off area during school hours will be located on the east side of the proposed special use area. The main entrances to the classrooms are all located in the basement of the building which is on the building aft side. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties since we have no outdoor play areas so noise coming from the property will be very minimal to none. The property is fully developed and no obstruction to height and air to surrounding properties will be affected. In the same manner, all physical education and academic activities will be held indoors in all classrooms and gymnasium building. On minimal occasions, educational facility will use park located at the corner of 29th and Newland. EXHIBIT 6 .... ~j~ .... ~ ~ City of • .. ~Wheat&_dge ~OMMUNllY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h A ve . Wheat Ridge, CO 80033-8001 P : 303.235.2846 F : 303 .235.285 7 NEIGHBORHOOD MEETING NOTES Date: February 15,2012 City Staff Present: Meredith Reckert, Senior Planner Lauren Mikulak, Planner I Location of meeting: Wellspring Bible Church 3310 Newland Street Wheat Ridge, CO 80033 Property location: 3310 Newland Applicants : Iglesia Biblica Manatial Angel Zamarripa, azjunior@msn.com Jacob Barriga, jacob.barriga@gmail.com 3010 Newland Street, Wheat Ridge, CO 80033 Property owners: Same Property Owner(s) present? Yes Existing Zoning: Residential-One, R-1 Comprehensive Plan Neighborhood Designation: Members of the public present: See attached sign-up sheet Applicant's Proposal: The applicant is requesting a Special Use Pennit (SUP) to open a public charter school at 3010 Newland Street. The proposed school will be a satellite school for Hope Online Leaming Academy-an online based program certified by the Colorado Department of Education. The school is proposed to serve between 35 and 50 students, from grades Kindergarten through 8th grade. Emollment will be focused on students that are currently achieving below grade level. The church that exists at 3010 Newland Street-Iglesia Biblica Manatial (Wellspring Bible Church)-is a separate entity from the proposed school , but the school will utilize the existing ground floor classrooms and the gymnasium. The school will be open enrollment, but many of the prospective students are expected to come from the church 's community. As a leaming center for Hope Online, the proposed school is considered a public charter school , subject to the same rules and regulations as all public schools. The standard schedule will be Monday through Friday, EXHIBIT 7 from about 8:00am to 3:30pm. At the beginning and end of the school day, the applicants intend to utilize two vans to transport students. A large existing off-street parking area will accommodate any additional traffic associated with the school. Existing Conditions: The property is located at 3010 Newland Street and is zoned Residential-One (R-1 ). Surrounding the parcel is a residential neighborhood also that contains single-and two-family homes. To the north and west are properties zoned Residential-Two (R-2), to the east are two properties zoned R-IA, and to the south are lots zoned R-I , R-IC, and R-2. On block to the south is Stites Park at the corner ofNewland and W. 29111 Avenue. The subject parcel is a long, narrow lot at the northeast corner of Newland Street and 30111 A venue. It is 1.2 acres in size and has two structures on the property: a church on the western side that was originally constructed in I965 and a gymnasium in the middle of the Jot. Parking areas are located on the western and southern portions of the property, and the far eastern side is an undeveloped field area. The property has served as a church for many years. Until recently, it was shared by two congregations. Today it is used only by the applicants ' congregation. There is a noticeable change in grade on the property, from east to west. The primary entrance for the church and offices is at grade along Newland Street, but the back of the building has a walkout basement. This lower level that faces east contains about 1 0 classrooms. The following issues were discussed: Where is the public hearing step in the process? An SUP application typically starts out administratively. If legitimate comments or concerns are received during the public comment period, a public hearing in front of City Council can be scheduled. According to the SUP process chart, the public hearing in front of City Council, if required, would be Step 7. Will this on-line school be subject to open enrollment? Who will the students be? The on-line school, which will be a charter school, will be subject to open enrollment. It is anticipated that children from the congregation will make up th e majority of the students, but the school can also draw students from the surrounding community. Where is the funding for the school coming from? Douglas County schools which has similar satellite stations all over the State of Colorado. What kind of traffic impacts will there be to the neighborhood? There will be two buses that will transport the students as well as parent drop-off, Many of the church families with children attending th e school will have more than one child attendinr, so this will minimize vehicle trips as well. An inquiry was made as to whether Newland and 301 ' could have school zone signs erected to slow traffic down. Will lunch be served to the children? Free lunch will be provided to th e children who will eat either in the gym or in their classrooms. The children will not be able to leave the church premises during lunch. Will the students have recess or gym class? Where will this occur? By State law, the students must have a certain amount of exercise each day. These activity periods will occur in th e gym. No extracunicular activities are proposed at this time. 2 What will be the student per teacher ratio? The anticipated class size ration will be about one teacher for every 18 students which is much lower than a typical public school. How will complaints be made to the Douglas County schools administration? There will be Douglas County personnel on the premises every day who could forward comments to school administration. The school will hold quarter~y meetings with the charter authorizer (Hope Online and Douglass County) to discuss progress and issues,· neighbors and parents are welcome to attend. In addition, the church has an open door policy and encourages communication with the neighborhood if there are problems. You have indicated that some of the students are considered "at risk"? How so? Some of the students are "at risk" academically, not behaviorally. These students are not performing at current grade level. 3 , 1 . 2. 3. 4. 5. 6 . February 15, 2012-6 PM Neighborhood Meeting Special Use Permit to allow an on-line learning center (public school) on Residential-One zoned property located at 3010 Newland Street PLEASE PRINT Address A ~ 5"50 UJ 3D (!v1 February 15, 2012-6 PM Neighborhood Meeting Special Use Permit to allow an on-line learning center (public school) on Residential-One zoned property located at 3010 Newland Street PLEASE PRINT Name Address 1. cJ,.:;h'ro.R._¥.~cy 6/3o W·3oP b /tJ_£~·~, ~ fi?~/Y 2. kay lit )1 c.-e.V/i-?-?C?r !1/ P-tv I e:vJ s t-W~.J--R; Jp!L i? C) z.; <? 3. 1Jebbfe Sa r'"CO'i e 4. 5. 6. ~ ~ ~ .. "' • .-City of • JP'WheatRi_dge ITEM NO:~ DATE: April23 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2012 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11210 W. 45th AVENUE (LOT 2, PUMPKIN PATCH SUBDIVISION) FROM AGRICULTURAL-ONE (A-1) TO PUBLIC FACILITIES (PF) ZONE DISTRICT (CASE NO. WZ-12-01/WRMF) 1:8] PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING (03/26/2012) 1:8] ORDINANCES FOR 2 ° READING (04/23 /2012) 1:8] YES City Manager The application is a request by the City of Wheat Ridge Public Works Department for approval of a zone change from Agricultural-One (A-1) to Public Facilities (PF) zone district for property located north of the existing Wheat Ridge Maintenance Facility (WRMF) at 11210 W. 45th A venue. The property is also known as Lot 2 of the Pumpkin Patch subdivision. The proposed rezoning area includes one parcel , the total size of which is 1.49 acres . The subject site was purchased by the City in 2009 specifically for the purpose of expanding the maintenance facility. The developed portion of the WRMF south ofthe subject site is currently zoned PF. The purpose of this zone change application is to consolidate the zoning at the WRMF in preparation for expansion. If approved and prior to future development, two additional land use applications will be required: a consolidation plat and a planned building group (PBG). PRIOR ACTION: Planning Commission recommended approval at a public hearing on March 15 , 2012. A recommendation of approval was made for the following reasons: Case No . WZ-12-0 1/WRMF Council Action Form April23 ,2012 Page 2 1. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and the Public Works/Parks Maintenance Master Plan. 2. The proposed zone change will consolidate the zoning on the City-owned property for the Wheat Ridge Maintenance Facility. 3. The proposed zone change will provide a benefit to the community by enabling continued and efficient provision of public services. 4. The applicant will provide adequate utility upgrades where needed when the property is developed . 5. The proposed zone change will not adversely impact the public health , safety or welfare. There were no attendees in the audience to give public comment on the application. Attached are copies of the Planning Commission staff repmi and meeting minutes. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. No fees were collected with thjs application. BACKGROUND: The subject parcel is located immediately to the north of the existing Wheat Ridge Maintenance Facility at 11210 W. 45 111 Avenue-north ofW. 44 111 Avenue, between Parfet and Quail Streets. The developed portion of the maintenance facility has served as an operations center for public works for over 40 years. The WRMF has gradually expanded with the purchase of adjacent prope1iies, and has several structures including an office building, auto repair shop , salt/sand bam, fueling stations , police evidence building, and several smaller outbuildings. The subject site was purchased by the City in 2009 specifically for the purpose of expanding the maintenance facility . The parcel is 1.49 acres in size and is currently undeveloped and enclosed by a 6-foot privacy fence. The surrounding properties include a variety ofland uses and zoning designations. The subject property is currently zoned Agriculture-One (A-1), and the developed portion of the Wheat Ridge Maintenance Facility to the south is zoned Public Facilities (PF). Other parcels in the area include primarily residential land uses. To the southeast and west are one and two-family residential neighborhoods zoned Residential-Two (R-2). To the north and east are multi-acre residential lots zoned A-1 . TI1e Alpine Valley School is located to the east at 4501 Parfet Street. Immediately south of the maintenance facility are parcels that have frontage on W. 44 111 Avenue and are zoned Residential-One (R-1), Agriculture-One (A-1), and Commercial-One (C-1 ). Because the WRMF is the highest intensity use in the area , screening and landscaping will be required to minimize potential adverse impacts. The proposed rezoning would result in the entire WRMF being classified under the same zone disttict. TI1e PF zone district provides for property devoted to public and quasi-public buildings Council Action Fonn April 23 , 2 012 Page 3 and facilities . Ultimately, the subject parcel will include covered and enclosed storage buildings for Parks Department equipment and vehicles. Outside storage would also be permitted under the PF zoning. The proposed zoning is consistent with the City's comprehensive plan -En vision Wh eat Ridge-in which a key value is to provide quality community services . The WRMF currently supports the basic services provided to the residents and business owners of Wheat Ridge. The zone change and subsequent expansion of the WRMF on the subject parcel will enable continued provision of superior community services . The zone change is also consistent with the Public Works /Parks Maint enance Mast er Plan which was completed in 2004 and recommends consolidating the operations, maintenance, and storage of several City departments at the WRMF. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments . A separate referral process will be required as part of future site development. RECOMMENDED MOTION: "I move to approve Council Bill No . 03-2012 an ordinance approving the rezoning of property located at 11210 W. 45 1h Avenue (Lot 2 , Pumpkin Patch Subdivision) from Agricultural-One (A- I) to Public Facilities (PF) zone district, on second reading and that it will take effect 15 days after final publication." Or, "I move to postpone indefinitely the ordinance to approve the rezoning of property located at 11210 W. 45th Avenue (Lot 2 , Pumpkin Patch Subdivision) from Agricultural-One (A-1) to Public Facilities (PF) zone district for the following reason(s) " REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planner I Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 03-2012 2. Planning Commission minutes -March 15 , 2012 3. Planning Commission staff report -WZ-12-01 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DEMOTT COUNCIL BILL NO. 03 ORDINANCE NO. ___ _ Series of 2012 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11210 W. 45th AVENUE (LOT 2, PUMPKIN PATCH SUBDIVISION) FROM AGRICULTURAL-ONE (A-1) TO PUBLIC FACILITIES (PF) ZONE DISTRICT (CASE NO. WZ-12- 01/WRMF) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City 's review and approval of requests for land use cases; and, WHEREAS, the Public Works Department on behalf of the City of Wheat Ridge has submitted a land use application for approval of a zone change to the Public Facilities district for property located at 11210 W. 45th Avenue; and, WHEREAS, the Public Facilities zone district provides for property devoted to public and quasi-public buildings and facilities; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan-Envision Wheat Ridge-and by the Public Works/Parks Maintenance Master Plan; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on March 15, 2012 and voted to recommend approval of rezoning the property to the Public Facilities zone district. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Agricultural-One (A-1) to Public Facilities (PF) zone district for property located at 11210 W. 45th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: LOT 2, PUMPKIN PATCH SUBDIVISION. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Attachment 1 Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 26th day of March, 2012, ordered it published with Public Hearing and consideration on final passage set for Monday, April 23, 2012 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2012. SIGNED by the Mayor on this ___ day of _______ , 2012. ATTEST: Janelle Shaver, City Clerk 1st publication: March 29, 2012 2nd publication: Wheat Ridge Transcript: Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald Dahl, City Attorney 1. 2. 3. 4. ..,\.t~ ... .,. City of ~eatRi_dge PLANNING COMMISSION Minutes of Meeting March IS, 2012 CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCK.N~~tk7 :oo p.m. in the City Council Chambers of the Municipal Building, 7500 West ~?~:~venue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS '-~£~$ .-.:~ ~:;:,:--. ···~ .. ::~~;;J MATTHEWS and seconded by Commissioner .. "'.,.. .. n.-ub'<f'hA order of the agenda. Motion carried 8-0. 5. APPROVAL OF MINUTES-February 16, 2012 It was moved by Commissioner MATTHEWS and seconded by Commissioner TIMMS to approve the minutes of February 16, 2012 as written. Motion carried 5-0 with Commissioners DURAN, GUILDNER and WEAVER abstaining. Planning Commission Minutes ATTA~HMENT 2 March 15, 2012 6. PUBLIC FORUM There were no members of the public present. 7. PUBLIC HEARING A. Case No. WZ-12-01: An application filed by the City of Wheat Ridge for approval of a zone change from Agricultural-One (A -1) to Public Facilities (PF) for property located at 11210 West 45th A venue. The case was presented by Lauren Mikulak. She ent:eteaall pertinent documents into the record and advised the Commission there was · to hear the case. She reviewed the staff report and digital presentation. The ..,.,.,;-n....: ...... zoning at the Wheat Ridge Maintenance the existing maintenance facility. Ms. Mikulak explained that there will zoned Conservation District. Mark Westberg City of Wheat Ridge Mr. Westberg addressed QU(~sm~~aist • ~~ .. "t'*::.j~ ~~J.: ...... •:f W~:'fe~~. .... __ , .. ·!:.··:~ c;cu.Ut. if?.:( exception 'i.:··:;,(-t ~if'ru~new,;uooOJ!>lru·m maps are to be An~l':k!'.llSt\1n Park facility that houses nUTPUf>T"> storage space for all buildings will be one-story with the will be two stories. ... :~<-: . ~. • "tRt~gard to ques6oP.s <>hn.nt~~ WIOrJloc'a concerns, Mr. Westberg stated that one pers6jt;asked if''bac"k~¥P ""''"'IJ"''""' on trucks could be turned off. He explained that this c3JlfJRt be done. ':< ,·:~I ;::~. • Landscapi.ng,Ful .Q~~gated from ditch water rights. The ditch is a lateral from the Bayou Ditch. Nau~e· grasses will be planted to keep maintenance low. They will be watered until the .plants are established. • The one-foot "spite strip" on W. 46th Avenue will be used for emergency access. • Perimeter landscaping will consist of vertical vegetation, e.g. trees, to reduce the impact ofbuildings. • Since moving the existing municipal maintenance facilities to a new location proved to be cost-prohibitive, expansion was decided upon. Since the City proper is not Planning Commission Minutes -2-March 15,2012 L 8. expanding and the proposed facility will provide adequate room for all functions, there is no need for any future expansion. There were no members of the public present. Chair BUCKNAM closed the public hearing. It was moved by Commissioner GUILDNER and seconded by Commissioner BRINKMAN to recommend approval of Case No. WZ-12-01, a request for approval of a zone chan3.e from Agricultural-One to Public Facilities, for property located at 11210 West 45 Avenue (Pumpkin Patch Subdivisi~p., .l-ot 2), for the following reasons: .. :·~r ' .. ~:f:~;~·~ 1. 2. 3. 4. s. The proposed zone change is consisten(;~f.thi~ goals and objectives of the City's Comprehensive Plan and t1!e_.Public W()r_ks/Parks Maintenance M PI · ·;;,;.:;.... --,~ .. aster an. ..4'@~r · , s:,:. The proposed zone change wpt_~nsolidate the zonlli~]on the City-owned property for the Wheat Ridget:Maintenance Facility. · _ .. · The p.roposed. zone change "?11 pr,~~·de.a ~~:,fit t? the c?~~m,-:unity by enabling continued ,.-JI. efficient pro+·<K-'~~~~public serVIces~ ~'fj: The appli~ant will ~ -r~, ~dequate ut!li.fi·upgrades where needed when the property IS develope , 1 :<. ··~tJ..t-J?'1 .;.,_ ,J~\. The proposed zone cha~e Wlll:~~-adversely.~pact the public health, safety or welfare ''t~ '1.;:,~·~ , · --~~- . . . ·"')<< .. ~; <:i·.. ~~·{::..;. -;-~~f\~~;,f.'f:-~ ~!:~:; Motion carned·,S-0. ---l,..rr: ~.;;,·· -:~~ ,)-· :. t'.,.t·.;';< ;:• :~; ' ·"'· .;: . . :-~:#);. ., .; ) . OTHERITE:Ms::·: · ':t.;_:. " ..... 'r..) . .• ~/(1'\. -1 <lr• ~~.~~~f in regarding the 38 1h Avenue Master also"Sn~nltiOnS·Jt;U~,.Be:st Small Project Award received by the City from 's Transportation Seminar) for the Master Plan. update on 38th Avenue Subarea Plan implementation. Bids have gone and amenities that include "pop-up" parks and planters. Existing planters be refurbished and re-used. The City will pay for the "pop-up" parks and access . Businesses will then be responsible for maintenance. The pop-up parks will be available for public use as well as restaurant use. A completion date is estimated for May or June of this year. Bike lanes will be added between Pierce and Upham. Planning Commission Minutes -3-March 15,2012 ~'44' .. ~ .,. City of • ~Wheat&_dge ~OMMUNilY DEVElOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: March 15 ,2012 CASE NO. & NAME: WZ-J 2-0 l I Wheat Ridge Maintenance Facility (WRMF) ACTION REQUESTED: Approval of a zone change from Agricultural-One (A-1) to Public Facilities (PF) LOCATION OF REQUEST: 11210 W. 45 111 Avenue (Pumpkin Patch Subdivision, lot 2) APPLICANT(S): PROPERTY OWNER(S): APPROXIMATE AREA : PRESENT ZONING: PRESENT LAND USE: City of Wheat Ridge, Public Works Department City of Wheat Ridge 64,770 Square Feet (1.49 Acres) Agricultural-One (A-1) Vacant land COMPREHENSIVE PLAN: Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZON ING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Case o. WZ-12-0 1 I WRMF ATTACHMENT 3 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ-12-0 I is an application by the City of Wheat Ridge Public Works Department requesting approval of a zone change from Agricultural-One (A-1) to Public Facilities (PF) for property located north ofthe existing Wheat Ridge Maintenance Facility at 12110 W. 45th Avenue. The property is also known as Lot 2 of the Pumpkin Patch Subdivision (Exhibit 1, Legal Descrfption & Plat. The purpose of the zone change is to consolidate the zoning at the Wheat Ridge Maintenance Facility (WRMF) in preparation for an expansion of the existing maintenance facility rExhibit 2, Letter of e uest . Prior to future development, two additional land use applications will be required: a consolidation plat and a planned building group (PBG). Those applications will be submitted and reviewed by Planning Commission in the coming months. The proposed rezoning area includes one parcel , the total area of which is 1.49 acres. II. PROPERTY HISTORY I EXISTING CONDITIONS Property History The property is located north of the existing Wheat Ridge Maintenance Facility (WRMF) at 121 I 0 W. 45th A venue-north of W. 44th A venue, between Parfet and Quai I Streets (Exhibit 3, Aerial . The subject site was purchased by the City in 2009 specifically for the purpose of expanding the maintenance facility. The existing maintenance facility has served as an operations center for public works for over 40 years. The WRMF has gradually expanded with the purchase of adjacent properties , and has several structures including an office building, auto repair shop , salt/sand barn fueling stations , and several outbuildings. In 2004, the Public Works and Parks & Recreation Departments collaborated to complete the Public Works /Parks Maintenance Master Plan. The plan was approved by City Council and recommends consolidation of maintenance operations and storage related to the Public Works , Parks and Police Departments at the WRMF. In accordance with the master plan , a new police evidence building was constructed in 2006 in the northwest corner of the property. Also in 2006 , the maintenance facility was rezoned from Residential-One (R-1) and Agricultural-One (A-1) to the Public Facilities (PF) zone district, per Case No. WZ-06-04. The purpose of the zone change was to consolidate the zoning on the property and to permit outside storage of impounded vehicles and bicycles-a permitted use under the PF zoning. The next phase of the master plan calls for expansion of the maintenance facility onto the subject property. The site was purchased in 2009 to accommodate the Parks Department at the maintenance facility. The site is currently vacant, but the Parks Department has secured funding and is preparing for construction of covered and open storage buildings for equipment and vehicles. Currently, the Parks , Forestry & Open Space offices and shop are based out of Anderson Park at Field Street and W. 44th Avenue. This property is located in the floodplain , and the continued storage of Cas e o. WZ-12-01 I WRMF 2 equipment in the floodplain presents an environmental and economic liability for the City. The Parks staff already utilizes the WRMF for fueling , so moving Parks ' equipment to the maintenance facility is a logical proposal. The total area of the subject lot is 64 ,770 square feet (1.49 acres). Combined with the developed portion of the Wheat Ridge Maintenance Facility to the south , the total area of city-owned land in this area is nearly 5 acres. Surrounding Zoning and Land Use The surrounding properties include a variety of land uses and zoning designations (Exhibit 4, Zonin Ma . The subject parcel is currently vacant land and is zoned Agriculture-One (A-I). The developed portion of the Wheat Ridge Maintenance Facility to the south is zoned Public Facilities (PF). Surrounding parcels include primarily residential land uses. To the southeast and west are one-and two-family residential neighborhoods zoned Residential-Two (R-2). To the north and east are multi- acre residential lots zoned A-1. The Alpine Valley School is located to the east at 4501 Parfet Street. Immediately south of the maintenance facility are parcels that have frontage on W. 44th Avenue and are zoned Residential-One (R-1 ), Agriculture-One (A-1 ), and Commercial-One (C-1). The subject site has minimal access to a public street. The west side of the property has 50 feet of right-of-way frontage where West 461h Avenue dead ends. The lot will be accessed through the existing WRMF via W. 45th A venue (Exhibit 5, Site Photos . Properties in the area include both platted and unplatted parcels. The subject lot is part of the Pumpkin Patch Subdivision, approved and recorded in 2009. Ill. PROPOSED ZONING While the proposed storage buildings may be constructed under the A-1 zoning on the subject lot, staff recommends a zone change for the subject parcel from Agricultural-One (A-I) to Public Facilities (PF). A zone change to PF is consistent with the zoning to the south and is appropriate for the proposed land uses in the Public Works /Parks Maintenance Master Plan. The Public Facilities zone district provides for property devoted to public and quasi-public buildings and facilities. The PF zone district recognizes that such properties are unique in many respects, but nevertheless establishes appropriate development standards and land use regulations. The table on the following page compares the proposed and existing standards that apply to the subject property. Notably, the Public Facilities zone district allows substantially more building coverage and allows outside storage as a permitted use. ln addition , barbed wire fencing is permitted in the PF zone district and will be installed along the property line , as is preferred by the Parks, Police , and Public Works Departments for secure storage of equipment. Case o. WZ-1 2-01 I WRMF 3 Agricultural-One (A -I) Public Facilities (PF) Setback-Front 30 ' 50 ' when adjacent to a dedicated public street Setback -Side 15 I 0 ' for the first story 5' for each additional story Setback -Rear 20 ' I 0 for the first story 5 ' for each additional story Height 35 ' maximum 50' maximum Building/Lot Coverage 25% maximum 80% maximum (buildings only) (buildings + hard surface) Landscaping 20% minimum; landscape and buffering requirements for new nonresidential development Permitted in PF where placed on Permitted in A-1 provided any top of a 6 fence ; barbed wire barbed wire is located at least 3 ' should be not taller than 2 ' and Barbed Wire Fencing inside of another permitted fence where adjacent to residential and that the other fence is at least development, consideration 42 " high should be given to minimize the impact through buffering Outside Storage (for Special use Permitted use governmental buildings) Architectural Standards ASDM applies to new, nonresidential development See requirements below From a use perspective the Public Facilities zone district is notably more restrictive than the A-1 zone district. The only permitted uses in the PF zone district are governmental and quasi-governmental buildings fire stations parks, produces stands, public schools, and urban gardens. There are no special uses identified for the PF zone district. IV. ZONE CHANGE CRITERIA Staff has provided an analysis ofthe zone change criteria outlined in section 26-122.0.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on tbe official zoning maps of the City of Wheat Ridge is in error. Staff has found no evidence of any error on the official zoning maps· the subject parcel is currently zoned Agricultural-One (A-1) as it appears on the City's zoning map. Staff concludes that this criterion is not applicable . Case o. WZ-1 2-01 I WRMF 4 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. In 2004 , the Public Works /Parks Maintenance Master Plan was created and adopted to consider the long term use of the WRMF. In 2006 , in accordance with the master plan, a zone change was approved for the developed portion of the Wheat Ridge Maintenance Facility immediately to the south ofthe subject parcel. Per Case No. WZ-06-04 the WRMF was rezoned from Residential-One (R-1) and Agricultural-One (A-1) to the Public Facilities (PF) zone district. The subject parcel was purchased in 2009 to provide an extension of this existing use , therefore , the proposed rezoning is consistent the master plan and 2006 zone change. The area has historically been used for public works operations , and the zone change is consistent with the new growth of a long- standing use. This application will consolidate the zoning on the City-owned property under one district. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that the evidence supports the finding of at least four ( 4) of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals of the City 's comprehensive plan - Envision Wheat Ridge-and is consistent with the City-adopted Public Works /Parks Maintenance Master Plan. One of the six key values upon which the comprehensive plan is based is to "provide quality community amenities , services , and resources." Additionally, the comprehensive plan specifies the goal of providing and maintaining core community services , facilities , and an adequate level of service. The Wheat Ridge Maintenance Facility currently supports the basic services provided to the citizens of Wheat Ridge. The zone change and subsequent expansion of the WRMF on the subject parcel will enable continued provision of superior community services. The consolidation of multi-department operations at the WRMF will also eliminate inefficiencies , all of which supports the goals of the comprehensive plan . The Structure Plan within Envision Wheat Ridge is a general map that illustrates the community 's vision by classifying different types of areas and corridors . lt is not a parcel-based land use map , and therefore does not show all existing and proposed land uses-such as the WRMF. ln the Structure Plan , the WRMF is in a "neighborhood ' overlay because the predominant land use in the area is residential. Governmental-and quasi-governmental uses are permitted in residential zone districts , and the proposed zone change is not expected to disrupt the character of the semi-rural neighborhood that exists in the area. Case o. WZ-1 2-0 1 I WRMF 5 The zone change is also consistent with the Public Works/Parks Maintenance Master Plan which calls for consolidating the operations , maintenance , and storage of several city departments at the WRMF. The master plan shows a full build-out scenario that includes covered and enclosed storage on the subject parcel as well as future improvements on the southern portion such as a new administration building. The master plan considers the 5-acre facility comprehensively-including the subject parcel and the developed portion of the WRMF to the south . As such , uniform zoning under the PF district is consistent with the land uses proposed for the entire site in the master plan Exhibit 6, Master Plan . Staff concludes that thi criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The proposed change of zone is compatible with the existing Wheat Ridge Maintenance Facility to the south . The property is also surrounded by semi-rural and residential land uses. Because the WRMF is the highest intensity use in the area , screening and landscaping will be required to minimize potential adverse impacts. When the subject property is developed the site will be required to meet setback and buffering requirements. This will include a 6-foot tall solid fence and a I 0-to 15-foot landscape buffer on the east, north , and west sides ofthe property. Staff concludes that this criterion has been met. c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The proposed zone change is expected to benefit the community. The demand from citizens and businesses in Wheat Ridge for public services including police protection and park and road maintenance will continue to increase. The zone change and expansion of the WRMF on the subject parcel will enable continued provision of these services. The ability to have outside storage on the site under the Public Facilities (PF) zone district will allow storage of Parks equipment on the property. Much of this equipment is currently stored at Anderson Park and is located in the floodplain. This presents an environmental and economic liability for the community. The Parks staff already utilizes the WRMF for fueling , so storage of the Parks ' equipment at the maintenance facility not only moves equipment out of the floodplain , it also eliminates inefficiencies and provides an economic benefit to the City. Staff concludes this criterion has be en met. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. Case 1o. WZ-1 2-0 1 I WRMF 6 Prior to future development, two additional land use applications will be required: a consolidation plat and a planned building group (PBG). These applications will include a referral to all impacted utility agencies. There are currently no utilities on the property, but they are expected to be accessible from the developed portion of the Wheat Ridge Maintenance Facility or from W. 461h Avenue. In the event that current capacity is not adequate, utility upgrades will be required. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The change of zone will not adversely affect public health , safety, or welfare. While the new zon ing would allow higher-intensity development on the now vacant lot, any proposed development will be reviewed for traffic impacts, drainage, and buffering. Development proposals will be required to meet stormwater drainage and water quality requirements in order to be approved, therefore no drainage problems are anticipated. The requested zone change is the first step in the proposed expansion of the maintenance facility. All City vehicles are currently fueled at the WRMF regardless of whether or not they are stored at the site. For this reason , even with an expansion under the proposed PF zoning, a significant increase in traffic or trips is not anticipated. Staff concludes that this criterion has been met. 4. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. No site plan is required as part of the zone change application , therefore it is not possible to assess compliance with the Architectural and Site Design Manual (ASDM) at this time. If the property is rezoned to Public Facilities, the ASDM will apply to any new construction and compliance will be assessed at the time the property is developed. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant was required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on February I , 2012. Seven persons from the neighborhood were in attendance Exhibit 7, Nei hborhood Meetin Notes . VI. AGENCY REFERRAL All affected service a gencies were contacted for comment on the zone change request and regardin g the ability to serve the property. Specific referral responses follow: Case o. WZ-12-0 1 I WRMF 7 Valley Water District: There are no concerns with the zone change. Xcel Energy: There are no objections to the proposed zone change contingent upon maintaining all existing rights and ability for future expansion. Wheat Ridge Public Works Department: There are no concerns with the zone change. Wheat Ridge Police Department: There are no concerns with the zone change. Comments received relate only to the zone change request. No comment was received from the sanitation district, fire district, phone/cable provider, Parks & Recreation Department, and Building Division. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. A separate referral process will be required as part of future site development and will likely yield additional comments from outside agencies and City departments. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed z one change is consistent with the goals of the Comprehensive Plan and the Public Works/Parks Mainte nance Master Plan. Staff concludes that the zone change will consolidate the zoning designations on the Wheat Ridge Maintenance Facility and will be compatible with the developed portion of the maintenance facility to the south. Any impact of the zone change to surrounding residential uses wi II be minimized through screening and landscaping. Staff further concludes that the zone change will provide a benefit to the community by enabling continued and efficient provision of public services. Staff concludes that an y development under the new zoning will be required to provide utility upgrades, as needed . Finally, staff concludes that the proposed zone change will not adversely affect public health, safety, or welfare; and architectural control s in the Architectural and Site Design Manual will support compatibility of future development with surrounding land uses. Therefore, because the zone change evaluation criteria support the zone change request, a recommendation of approval is given. VIII. SUGGESTED MOTIONS Option A: 'I move to recommend APPROVAL of Case No. WZ-12-0 1, a request for approval of a zone change from Agricultural-One to Public Facilities, for property located at 11210 W. 45 1h Avenue (Pumpkin Patch Subdivision, Lot 2), for the following reasons: I . The proposed zone change is cons istent with the g oal s and objectives of the City's Comprehensive Plan and the Public Works /Parks Maintenance Master Plan. 2. The proposed zone change will consolidate the zoning on the City-owned property for the Wheat Rid ge Maintenance Facility. 3 . The proposed zone change will provide a benefit to the community by enabling continued and e fficient pro vi s ion of public services. 4 . T he applic ant will pro vide ade quate utility upg rad es where nee d ed when the prope rty is developed . 5 . The proposed zon e change will not adversely impact the public health, safety, or welfare." Case 'o. WZ-12-01 I WRMF 8 Option B: "I move to recommend DENIAL of Case No. WZ-12-0 I , a request for approval of a zone change from Agricultural-One to Public Facilities, for property located at 11210 W . 45 1h A venue (Pumpkin Patch Subdivision, Lot 2), for the following reasons: 1. 2 . 3. , Case No . WZ-1 2-0 1 I WR MF 9 The area proposed to be rezoned IS legal ly desc;:nbed as Pumpkm Patch SubdiVISion , Lot 2 I ' I I .<1' I I I I I I -~-, ' +::,;~ •• -:.::."':.: .. ~ -A-1...-n.u:-I \ ' ' I I ' ' ' ' ' ' ' ' I ' ' ' ' ' ::; ---~---~------------------ ,. ,, COM A'o II'Z-11-01 II'R\IF ,., -N -Jtll"'lJfUt t .~U.J"'....:.­ .-..-.. lli.NIA, I/IMII If; -#$ --~,.. Pl'l!lrQG!!'!!"J!IQll =--====-------------·-·----"'-·---·---- I ' ' PAGE1 OF1 ....... ·--·---- /0 EXHIBIT 2: LETTER OF REQUEST o A~ ..... _ r City of • ~fP!'Wheat:Rl_,dge _.Y'"rusuc WoRKs Memorandum TO: Lauren Milmlak, Planner I FROM: Mark Westberg. PE, CFM. Project Supetvisor DATE: Febmary 7, 2012 SUBJECT: Lot 2 of the Ptunpkin Patch Subdivision Pt1blic Works staff is requesting to rezone the property notth of the existing Wheat Ridge Maintenance Facility. WRMF. from A-I to PF. We offer the following justification: a. Tiris lot will be incOl'porated into the WRMF in order to expand the site to include maintenance and storage buildings for the Parks and Recreation Department. The existing WRMF is zoned PF and so it is approptiate to rezone this lot to PF also. since it will also be used as a public facility. b . The surrounding properties are zoned A-1 and R-2. The WRMF site has been used as a maintenance facility for over 40 years since before the City was incorporated. so this proposal is merely and expansion of the existing zoning and development and does not reflect a dramatic change to the area . c. Tiris lot \vill be accessed through the existing WRMF. Since most of the Parks staff utilizes the site for fueling. a significant increase in trips is not anticipated. d. Utilities are available from the existing WRMF site. If necessary. some utilities may be accessed from W 46th Avenue. e. Tiris proposal does not affect existing facilities since it is just an expansion of the existing WRMF. In addition emergency access will now be available from W 46th Avenue through a locked gate. f. Tiri proposal prepares the site for the implementation of the City of Wheat Ridge Public Works/Parks Maintenance Master Plan that was adopted by City Council in 2004. g . Public Works staff is available to prepare any other information that may be necessary. Given the above infonnation. the design that was presented at the meeting represents the absolute minimum design and has the least impact on all of the adjacent property owners and on the City budget. If you have any questions or comments, please let me know. Case No. WZ-12-01 I WRMF II EXHIBIT 3: AERIAL The property outlined in green is the lot subject to the zone change request. After the zone change, the northern parcel is expected to be developed for the expansion of the Wheat Ridge Maintenance Facility. The ditch that traverses the site has since been relocated along the perimeter of the property . The property outlined in purple indicates the existing Wheat Ridge Maintenance Facility at 11210 W. 45th A venue. Case o. WZ-1 2-0 1 I WRMF 12 EXHIBIT 4: ZONING MAP The property outlined in green is the lot subject to the zone change request. The applicant is requesting approval of a zone change from Agricultural-One (A-l) to Public Facilities (PF). The zoning map also shows that the developed portion of the Wheat Ridge Maintenance is already zoned PF , as indicated by the blue shading. Case No . WZ-12-01 I WRMF 13 EXHIBIT 5: SITE PHOTOS From inside the existing Wheat Ridge Maintenance Facility looking northwest. The subject parcel is on the other side of the fence. The subject parcel is on the other side of the fence. Eventually, this fence will be removed when the subject parcel is developed. Case o. WZ-12-0 1 I WRMF 14 A view of the subject parcel looking west towards W. Avenue. side of the fence are located on the adjacent residential properties. A view of the subject parcel looking north. Case o. WZ-12-0 1 I WRMF 15 EXHIBIT 6: MASTER PLAN The following are excerpts from the 2004 Public Works /Parks Maintenance Master Plan which recommends a consolidation of the Public Works, Parks, and Police Departments. Below is a list of functions that could reasonably be expected to occur at the Wheat Ridge Maintenance Facility. The functions listed under Public Works and Police Department are already based at the WRMF. The following page includes a concept plan that illustrates one possibility for a full build-out scenario. City of Wheat Ridge Public Works/Parks Maintenance Facility Master Plan List of Functions Public Works Maintenance of City Vehicles Fueling of City Vehicles Storage of Salt/Sand/Mag Chloride Storage of Construction/Maintenance Materials (PW & Parks) Rock Cold Patch Recycled Asphalt Corrugated Pipe Traffic Signals Sign Poles Light Poles (aluminum) Tratrlc Sign Blanks Block/Pavers Traffic Barricades/Signs Iron Pipe Vehicle Washing (exterior) Vehicle Storage Tratrlc Signal Shop Tire Shop Case o. WZ-12-01 I WRMF Parks Department Maintenance of Park's Equipment Storage of Construction/Maintenance Materials Mulch Pea Gravel Crusher Fines Top Soil Potting Mix Diamond-Tex Park Benches/Planters/Tree Gratings Block/Pavers Christmas Decorations Irrigation Shop Small Engine Shop Carpentry Shop Police Department Police Evidence Storage Archival Evidence Bicycle Automobile Automobile Evidence Testing Evidence Receipt 16 Case No . WZ-12-01 I WRMF 17 EXHIBIT 7: NEIGHBORHOOD MEETING NOTES .~, ... ' ~ ., City of • ~~Wheat&_dge __?'c"OMMUN llY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W . 19"' Ave . Wheat Ridge . CO 80033-8001 P: 303 .235 .2846 F: 303 .235.285 M«ting Datt: Atttnding Staff: Location of 1\Ittting: Proptrty Addrt s: Proptrty Owntr(s): Proprrty Owuu(s) Prtstut? Appllcant: Existing Zoning: Existing Comp. Plan: Existing Sltt Conditions: NEIGHBORHOOD MEETING NOTES Febmary 1. 2012 Lauren Mikulak. Plallller I Mark Westberg, Projects Supetvisor City of Wheat Ridge Municipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033 PIN 39 -212-19-001 (Lot 2, Pumpkin Patch Subdivision just north of 11210 W . 45th Avenue) City of Wheat Ridge Yes City of Wheat Ridge Agiiculnu·e-One (A-1 ) Re idential The property is located in the nortbwe tern quadrant of the City of Wheat Ridge. north ofW. 44th Avenue. between Pru.fet and Quail su·eet . The total area of city-owned property i in this area is nearly 5 acres in ize. The property immediately south of the subject lor i developed and ha long been used as the Wheat Ridge Maintenance Facility (WRMF). The addre sis 11210 W . 45th Avenue and the developed propeny is 152 .836 squru.·e feet in size or 3 .5 acres. The parcel immediately to the nmtb is the subject of the zone change request. It does not yet have an assigned address. but is known as lor 2 of the Pmnpkin Patch subdivi ion (PIN 39-212-19-001). The pru.·cel was pm·cha ed by the City in 2008 specifically for the purpose of expanding the maintenance facility . This nmthem parcel i 64.770 square feet in size or 1.49 acres . The nmthem parcel i cunently vacant land and is zoned Agiiculnu·e-One (A-1 ). The developed ponion of the Wheat Ridge Maintenance Facility to the south is zoned Public Facilities (PF). Stm·olUiding parcels include primarily residential land u es . To the north and east are multi-acre residential lots zoned A-1 . To the southeast and west are one-and two-falnily residential neighborhoods zoned Re idential-Two CR--). Immediately south of the maintenance facility are parcels that have frontage on W . 44th Avenue and ru.·e zoned R-1. A-1. and C-1. Case o. liJIZ-12-01 / WRMF 18 The Wheat Ridge Maimenauce Facility includes several stmcnrres including an office building, auto repair shop. sah/sand bam. police evidence building. fueling stations. and several outbuildings . The majotity of the site is paved and fenced with restricted access from W . 45th Avenue . The tmaddressed parcel to the north is vacant and is fenced . The attached timeline includes a complete history of the property. AppUcanUOwnrr PrtUminary Proposal: In 2004. the Public Works and Parks and Recreation Depanments collaborated to complete the Public Works/Parks Maintenance Master Plan . The plan entails consolidation of maintenance operations, storage. and adminisn·ative ftmctions related to the Public Works , Parks. and Police Depanments at the existing Wheat Ridge Maintenance Facility. The proposed site plan for the nonhem parcel includes covered equipment storage, covered vehicle storage. enclosed vehicle storage. an open parking area. and a stonn water detention pond . hnprovements on the southem portion of the property include a possible relocation of the ftteling area. a new two-story administration building. and additional covered storage for vehicles and equipment. To accommodate the expansion and development. several land use applications are proposed: • a zone change application to rezone the nmthem parcel from A-I to PF ; • a subdivision application to consolidate the multiple city-owned parcels: and • a planned building group (PBG) for approval of multiple stmctures on the property. A neighborhood meeting is required only for the zone change application . Public bearings \vill be required for all three land use applications . A building permit \vill be required for the new development on the n01them parcel. The applicant \vill be listed as the City of Wheat Ridge. and the Public Works Deparnnent will be submitting the applications for the zone change consolidation, and planned building group (PBG). The Parks Department will be responsible for submitting building plans associated with furore development on the northem parcel. Tbt following 1 a summary of tbr nrlgbborhood mtttlng: • In addition to staff. seven members of the public attended the neighborhood meeting: .tvlr. Bob Lawson . .tvlr. Kent Young . .tvlr. Larry Welshon . .tvlr. Scott Goode, .tvlrs. Jodi Dreux . .tvlr. Chuck Dreux , and .tvlr . AI Williams . • .tvlr. Welshon and .tvlr . Goode are associated Alpine Valley School located at 4501 Parfet. .tvlr . Lawson is a propeny owner on the west side of the property. The Dreuxs and Mr. Young are propetty owners on the east side of the maintenance facility. Mr. Williams is the property owner from whom the City pttrchased lot 2 of the Pumpkin Patch Subdivision: be owns and resides at lot 1 which is immediately adjacent to the east. • Staff explained the history of the site , the content of the master plan. and the proposed fttture development for the nortbem parcel . • After learning about the proposal, none of the attendees expressed any concerns related to the rezoning. • The members of the public were informed of the process for a zone change . • The members of the public were informed of their oppottunity to make comments during the process Case No. I¥Z-12-0I I WRMF 19 and at the public hearings. • Anendees were also informed of the funu·e applications for a lot consolidation and plalllled building group: these applications do not require a neighborhood meeting bur will email public heruings and an additional opportunity for public input. • One anendee thanked the City for moving and maintaining the ditch on the propetly. • One anendee expressed concem regarding the bru·bed wire along the perimeter and requested consideration of the stUTounding residences to the west. • After discussion of the proposal, staff entertained questions regarding other city projects and codes including related to Fruitdale School. 38th Avenue. the Baugh House. dtiveway requirements. and smveillance cameras on the police evidence building. T h t" fo llowing issut"s Wt"rt" dl c u sst"d nganUng t ht" zoot" changt" rt"qut" t and propo t"d dt"vt"lopmt"nt: • Will there be access to the site from W . 46th A venue? No, the primary access to the site will continue to come from W. 45th A,·enue. West 46th Al·enue dead ends into the site, and a gate will be located here for emergency access onZv. Access may be required in the rare instance of 011 emergency or significant snow event. • If the Pru·ks Depru11nent relocates to the maintenance facility, will there be a significant increase in traffic ? Staff does 110t expect a significant increase in traffic. At this point, on~,. the Public JJ.orks Operations staff are based at the site, howe1·er all City vehicle~ are current~rfueled of the property. TMs includes all Police Departmem, Parks, and Public Works ,·ehicles. For this re~son, the number of trips to the property is not expected to increase significmlt~l·. If the administration building is constructed at the site, there may be more trips concentrated at the beginning and end of the day. • What will be the design of the new structm-es? The design oft he nelr buildings has not yet been finoli:ed. The new whicle storage areas on the westem and middle portion of the northen1 lot will be one story in height. The equipment storage building on the north side of the lot will be one story ~ but giYen its si;e, it may be toller to accommodate the span of the roof The City 's design standards will opp~v. and the site plan and e!el·ations will haYe to be approYed through a Planned Building Group and a public hearing process. • Will the site include landscaping? The existing cottonwood on the west s ide of property was remo,·ed at the recommendation of the City Arborist, hOlt 'el·er nelr trees will be planted and a 15-foot wide landscape buffer will be locate.d along th e perimeter of the property. Landscaping H 'illlike~v be installed incrementa/~,. as the sUe is de1·elops. • ·why rezone to Public Facilities? The southem portion of the maintenance facility was re:oned to Public Facilities (PF) in 2006 and it makes sense to consolidate the =oning under one district. T11 e PF =oning is appropriate of the proposed uses; the only permitted uses in this :one district are go,·emmental and quasi- gOl·emmental facilities, schools, and uses related to urban agriculture including an urban garden. The PF =one disn·ict is more restricti1·e than the existing A-1 district in regards to pennitted uses. In addition, the PF =oning allows for o111doo1· storage and barbed wire fencing which the City desires f01· security of the fleet and equipment that will be located there. Staff received no wrinen comment from others in the area regarding the proposal. Case 'o. WZ-12-0 1 I WRMF 20 ~ . ~ .. " _ ,. City of • JP'WlieatRi_dge ITEM NO:~ DATE: April23 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2012 -AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND GRANTING OF APPLICATIONS, PERMITS AND APPROVALS FOR ANY FORM OF RESIDENTIAL GROUP HOME, ASSISTED LIVING FACILITY, RESIDENTIAL DWELLING UNIT FOR HANDICAPPED PERSONS OR ELDERLY PERSONS, OR CONGREGATE CARE FACILITY WITHIN THE CITY AND DECLARING AN EMERGENCY 0 PUBLIC HEARING 0 BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: C8J EMERGENCY ORDINANCE 0 YES C8J NO City Manager City Staffhas informed Council that there is a need to amend the City's regulations in the Code of Laws concerning various forms of group homes , including residential dwelling units for handicapped persons living as a group. These changes are needed to bring the City's regulations into conformance with current law , and to eliminate internal inconsistencies in the present code treatment of these uses. The Ordinance imposes a temporary moratorium on the acceptance and processing of applications and permits for these uses pending the development of revised regulations. The Ordinance is in the form of an emergency ordinance, requiring only one reading to be immediately effective under Section 5.13 of the Charter. V:\Fo nns\CAFtempl ate Council Action Form Date: April 23, 201 2 Page 2 · PRIOR ACTION: The City last amended its group home and related ordinances in 1996. FINANCIAL IMPACT: No impact is expected other than a delay in the receipt of some application and processing fees for the kinds of approvals covered by the moratorium. BACKGROUND: The City last amended its regulations concerning group homes, residential units for handicapped persons, and congregate care facilities in 1996. Since that time, there have been further developments in the case law concerning the authority of local governments to address these issues , including the degree to which numeric limits may be placed on the number of persons permitted in such facilities. The City staff has indicated that there is a potential for additional applications for one or more of such facilities to be submitted in the near future The staff needs time to research and develop amendments to the City's Code of Laws to bring it into line with current law. The requested moratorium period is 84 days : until July 16 ,2012. Charter 5.13 permits an emergency ordinance of up to 90 days. RECOMMENDED MOTION: "I move to approve Council Bill No. 05-2012 , an ordinance imposing a temporary moratorium on the acceptance, processing and granting of applications , permits and approvals for any form of residential group home, assisted living facility , residential dwelling unit for handicapped persons or elderly persons , or congregate care facility within the City, and declaring an emergency, and order it published. Or, "I move to postpone indefinitely Council Bill No . 05-2012 , an ordinance imposing a temporary moratorium on the acceptance, processing and granting of applications , permits and approvals for any form of residential group home, assisted living facility , residential dwelling unit for handicapped persons or elderly persons, or congregate care facility within the City and declaring an emergency for the following reason(s) " REPORT PREPARED BY; Gerald Dahl , City Attorney ATTACHMENTS: 1. Ordinance No . 05-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 05 Ordinance No. ___ _ Series 2012 TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND GRANTING OF APPLICATIONS, PERMITS AND APPROVALS FOR ANY FORM OF RESIDENTIAL GROUP HOME, ASSISTED LIVING FACILITY, RESIDENTIAL DWELLING UNIT FOR HANDICAPPED PERSONS OR ELDERLY PERSONS, OR CONGREGATE CARE FACILITY WITHIN THE CITY AND DECLARING AN EMERGENCY WHEREAS, the City of Wheat Ridge, acting through its City Council, is vested with all authority on behalf of the City to enact ordinances and regulations governing zoning and the use of land within the City; and WHEREAS, in the exercise of this authority, the City Council has previously enacted provisions of the Wheat Ridge Code of Laws pertaining to and governing the establishment and conduct of residential group homes, assisted living facilities and congregate care facilities; and WHEREAS, the Code of Laws does not presently address the number of handicapped persons who may occupy a residential dwelling as a single housekeeping unit; and WHEREAS, the City Council finds that it is necessary for the City to develop additional and amended regulations governing group homes and residential units for handicapped persons as described above; and WHEREAS, in order to provide City staff and City Council with additional time to investigate, develop, and if appropriate, adopt and implement additional regulations with respect to such uses, the City Council finds that it is necessary to declare a moratorium on the acceptance, processing, and granting of permits and approvals for the same. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO: Section 1. Findings and Intent. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the City Council of the City of Wheat Ridge. Section 2. Moratorium Declared. There is hereby imposed a moratorium on the acceptance, processing and granting of applications, permits and approvals by the City for any form of residential group home, assisted living facility, residential dwelling unit for handicapped persons or elderly persons, or congregate care facility. The City staff is directed to refuse to accept for filing, and not to process or review, any new applications for such facilities or uses during the moratorium period. Section 3. Moratorium Period. The moratorium declared by this Ordinance shall remain in effect to and including July 16, 2012, unless sooner terminated by the Council. Section 4. Authority. The City Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers); (iii) Section 31-15-501, C.R.S. (concerning municipal power to regulate businesses); (iv) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (v) the powers contained in the City of Wheat Ridge, Colorado Home Rule Charter (the "Charter"). Section 5. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained . Section 6. Emergency Declared; Effective Date. The Council finds that an emergency exists requiring the immediate effectiveness of this Ordinance for the preservation of the health, peace and safety, in that there exists a potential for applications to be processed and approved for the use and/or construction of residential facilities, group homes or congregate care facilities for which the City's present regulations are inconsistent with current case law and/or insufficient to address the effects of such facilities or homes on the surrounding neighborhoods. This Ordinance shall take effect upon adoption , as permitted by Section 5.13 of the Charter. INTRODUCED, READ, AND ADOPTED by a vote of to on this __ day of April, 2012 and ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, Colorado. SIGNED by the Mayor on this ___ day of April, 2012. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl , City Attorney Publication : Wheat Ridge Transcript ~ ~ . ~ ... 4 r City of • ?WlieatR.i.._,dge ITEM NO: ____5_:._ DATE: April23 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF ITB-12-06, 38TH A VENUE LANE RECONFIGURATION, AMENITIES PROJECT TO COLORADO DESIGNSCAPES INC., CENTENNIAL, CO, IN THE CONTRACT AMOUNT OF $59,739.50, AND TO APPROVE A CONTINGENCY AMOUNT OF $5,973 D PUBLIC HEARING [8J BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-~DI ~ 0 J!3 ~~J{, Public Works Director City Manager ISSUE: The City Staffhas prepared the 38th Avenue Lane Reconfiguration project for construction , im~Jementing the 38th Avenue Corridor Plan adopted by the City Council in October, 2011. The 38t Avenue Lane Configuration project consists of roadway striping and temporary amenity zone installations , and will be procured using three separate contracts. This contract will provide the amenity zones construction, which consists of installing pedestrian platforms and planters, as well as installation and maintenance oflandscape materials in the 38th Avenue Corridor. Staff recommends contract award to Colorado Designscapes, Inc. on the amount of$59,739.50. PRIOR ACTION: This proposed 38th Avenue Lane Reconfiguration project was discussed at the March 5, 2012 City Council Study Session. The City Council approved the purchase of the planters and temporary pedestrian platforms on March 26 , 2012. FINANCIAL IMPACT: Funding for the installation of the planters and platforms and landscaping has been approved in the Revitalization Projects line item of the 2012 Capital Investment Program budget in the amount of $250,000. This budgeted amount also includes the street restriping and amenity zone Council Action Form April 23 , 2012 Page 2 platforms and planters. The costs associated with this contract will be paid from account number 30-303-800-892, and these funds will be encumbered for the length of the project in accordance with Ordinance #787 , 1989 Series. BACKGROUND: Bids for ITB-12-06 , 38 1h Avenue Lane Reconfiguration Amenities Project (S-01-12), were opened on April 4 , 2012. Two (2) bids were received. Both bids met the initial bid requirements , while only one is within the budget, established as a range of $75 ,000 to $85,000. The apparent low bidder is Colorado Designscapes Inc., Centennial , CO , with the total base bid amount of $59 ,739.50. Award is based on the lowest responsive and responsible bid that meets all of the bid requirements , is qualified to perform the work, and is within budget. The bids were comprised of three parts ; a Base Bid and Alternate Bids I and 2. Alternate bid 1 and 2 were prepared as bid options , such that if the cost of the base bid is reasonable additional streets can be added to the project. Base Bid -Provide equipment, materials and installation of Pop-up Park & Planter Assemblies , planting of shrubs, annual flowers , ornamental grasses and , 2 year maintenance landscape maintenance. Alternate 1-Installing one additional concrete planter with associated planting and 2-yr maintenance Alternate 2-Installing one additional planter pod with associated planting and 2-yr maintenance Bid Ranges Base Bid: Alternative : #1 #2 $59 ,739.50-$88 ,657.55 $764.60-$1 ,025.50 $2 ,599 .25-$3 ,496.25 Engineer Estimate $74 ,773 .00 $1 ,222.00 $3 ,277.40 The lowest responsible and responsive bidder, Colorado Designscapes Inc . of Centennial , Colorado , has met the bid and qualification requirements. Based on project budget, Staff recommends that only the Base Bid be awarded to Colorado Designscapes in the amount of $59 ,739.50. Had the Base Bid been favorable , the Alternative Bids could have been considered. A 10 % contingency amount of $5 ,973 is requested for the cost of other items related to the project. Staff assessed the criteria for contribution to the 1% Public Art Fund for this project per Ordinance 15-02 and determined that allocation of $597.40 is required . Council Action Form April23 , 2012 Page 3 RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and performance on previous projects , and due to favorable bid prices, Staff recommends the bid be awarded to Colorado Designscapes Inc. Staff also recommends that $597.40 be transferred to the Public Art Fund. RECOMMENDED MOTION: "I move to award ITB-12-06 , 38th A venue Lane Reconfiguration-Amenities project to Colorado Designscapes Inc., Centennial , in the amount of$59,739.50, with a contingency amount of $5,973.00 and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$65,712.50; I further move to transfer $597.40 from the Capital Investment Fund to the Public Art Fund ." Or, "I move to postpone indefinitely the award of ITB-12-06 38th Avenue Lane Configuration , Amenities project to Colorado Designscapes Inc., Centennial , for the following reason(s): " REPORT PREPARED/REVIEWED BY: Report Initiated by: Steve Nguyen, Engineering Manager Report Prepared by: Tim Paranto , Director of Public Works Reviewed by: Jennifer Nellis, Purchasing Agent ATTACHMENTS: 1. Bid Tab Sheet 2. Project Map ~ ' .. JP'~~~tRi_dg PROJECT: ITB-12-06 .... .. c G» E .c 38th AVENUE LANE RECONFIGURATION, AMENITIES REQUESTED BY: MARK WESTBERG, PUBLIC WORKS-ENGINEERING ('11\ ~ )PEN ED BY: JENNIFER NELLIS, PURCHASING AGENT f' I I ; WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN a\ [\ """' DUE DATE/TIME: WEDNESDAY, APRIL 04, 2012 BY 2 P.M. VENDOR Designscapes Colorado Urban Farmer LOCATION Centennial, CO Thornton, CO ' ~ G"r~ ... ·.-:-::-:.,..-·r•."f-:"'~~ . .-~,.-~.--:~-n-~--~ ._'t7~· J ..._ ·, • ... -.ft--··~ \~-\.t. ""~~·--•'1...:1-.. -4 '~ ~ ..... ~f;·•-;..:-llt ---~ ~=-;.1 -"' .-! II.. __ ..._ __ ~-r~ SIGNATURE PAGE YES YES ACCEPTS VISA YES, with fee YES ACKNOWLEDGMENT OF ADDENDA (2) YES YES CONTRACTOR'S QUAUFICATION FORM YES YES ILLEGAL ALIEN COMPLIANCE YES YES LIST OF SUB -CONTRACTORS YES YES NON -COLLUSION AFFADAVIT YES YES BID BOND YES YES PRIONG: BASE BID, TOTAL: s 59,739 .50 s 88,657.55 BID ALTERNATE #1 : s 1,025.50 s 764.60 BID ALTERNATE #2 : s 2,559.25 s 3,496.25 page 1 o/1 ~ I =e m ~ (,.) ~ ~ m z c m ~ m ::0 m 8 z , ~ ::0 ~ 0 z Attachment 2 ~ ~ "4' .... ~ r City of • JP'"Wheat:Ri_dge ITEM NO:~ DATE: April23, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF ITB-12-15, 38TH AVENUE LANE RECONFIGURATION STRIPING PROJECT, TO KOLBE STRIPING INC., CASTLE ROCK, CO, IN THE AMOUNT OF $109,015.35, AND TO APPROVE A CONTINGENCY AMOUNT OF $10,902 D PUBLIC HEARING [8J BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ~ Public Works Director ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING The 38th Avenue Corridor Plan adopted by the City Council in October, 2011 provides for narrowing the street width dedicated to motorized vehicles from Chase Street to Upham Street. This contract will provide the removal of existing pavement striping and marking the new lane configuration, along with related traffic sign changes. Staff recommends that the contract be awarded to Kolbe Striping, Inc. in the amount of $109,015.35 . PRIOR ACTION: The proposed 38th Avenue Lane Reconfiguration project was discussed at the March 5, 2012 City Council Study Session. The City Council approved the purchase of planters and temporary pedestrian platforms for 381h Avenue on March 26,2012. FINANCIAL IMPACT: Funding for the 38th Avenue Lane Reconfiguration restriping and amenity zone improvements is provided in the Revitalization Projects line item of the 2012 Capital Investment Program Budget in the amount of $250,000. Council Action Form April 23 , 2012 Page 2 The contract contingency for the 38 1h A venue Lane Reconfiguration Striping Project, as well as the contract contingencies for the 38th A venue Lane Reconfiguration Amenities Project and the pedestrian platform and planters purchase will be provided by an internal transfer of $30,000 from the 2012 Capital Investment Program preventive maintenance projects account. It is anticipated that little, if any, of the contingency funds will be spent. The costs associated with this contract will be paid from account number 30-303-800-892. BACKGROUND: Bids for ITB-12-15, 38th Avenue Lane Reconfiguration Project Striping (S-01-12), were originally advertised for bid in late February, but was re-advertised as a result of high initial bids. The project was revised and re-formatted to meet the project intent and original budget prior to re-advertising for bids. The project re-bid was opened on April 11 , 2012, with one bid received from Kolbe Striping. This bid meets the initial bid requirements and the base bid is within the advertised cost range of $60,000 to $1 00 ,000. Kolbe Striping, Inc., Castle Rock, CO submitted a bid with a total base bid amount of $96,550.35. The contract award is intended to include one of the three bid alternates, any of which will cause the project award to exceed the advertised cost range. Award is based on the lowest responsive and responsible bid that meets all of the bid requirements , qualifications and budget. Award is also ideally intended to be based on receipt of competitive bids. As the sole bidder, Kolbe Striping, Inc. is the apparent low bidder. The 38th Avenue lane reconfiguration project consists of multiple elements ; striping, amenity components and an1enity installation and maintenance. To satisfy the overall project goals, priorities of the City Council , and anticipated construction timelines, Staffbelieves it is in the best interest of the City to accept this sole bid. The award recommendation is based on the information learned in the procurement efforts satisfied by two attempts to obtain competitive quotes from responsive, responsible bidders. The original bid adverti sement drew two qualified bidders including Kolbe Striping. The bids were comprised of four parts; a Base Bid and Alternate Bids 1 through 3. Alternate Bids 1 through 3 were prepared as bid options, such that the appropriate bid alternative will be added to the base bids based on budget availability. Base Bid -Remove all existing striping material , stripe new lane configuration and install related signage . Alternates-Select onl y one 1. Utilize water-based paint to install marking l egend s, such as tum arrows, symbols and word marking 2 . Utili ze epoxy paint to install marking legends such a s turn arrows, symbols and word marking Council Action Form April 23 , 2012 Page 3 3. Utilize pre-formed tape to install marking legends such as tum arrows , symbols and word marking Base Bid: Alternate: #1 #2 #3 Bid Result $96,550.35 $12,465.00 $40,723.00 $28 ,664.00 Engineer Estimate $98 ,843.00 $8 ,800.00 $34,290 .00 $34,170.00 Based on bid prices and project budget, Staff recommends that the Base Bid and Bid Alternate 1 be selected for construction. A standard 10% contingency amount of $10,902 is requested for the cost of other items related to the project. Staff assessed the criteria for contribution to the 1% Public Art Fund for this project per Ordinance 15-02 and determined that allocation of funds is required. The amount assessed is $1090.02, based on the project cost and will be deposited in the Public Art Fund account. RECOMMENDATIONS: Based upon bid submittal results as presented above and the contractor's demonstrated capabilities and performance on previous City projects, Staff recommends the Base Bid and Bid Alternate #1 be awarded to Kolbe Striping Inc . RECOMMENDED MOTION: "I move to award ITB-12-15 , 38th Avenue Lane Configuration Striping Project to Kolbe Striping Inc., Castle Rock, CO in the amount of$1 09 ,015.35 , with a contingency amount of$10,902 , and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$119,917.35 ; I further move that $1 ,090.15 be allocated to the Public Art Fund Account per Ordinance 15-02 ." Or, "I move to postpone indefinitely the award ofiTB-12-15 38th Avenue Lane Configuration Striping Project to Kolbe Striping Inc., Castle Rock, for the followin g reason(s): _____ _ " Council Action Form April 23 , 2012 Page4 REPORT PREPARED/REVIEWED BY: Report Initiated by: Steve Nguyen , Engineering Manager Report Prepared by: Tim Paranto , Director of Public Works Reviewed by: Jennifer Nellis , Purchasing Agent ATTACHMENTS: 1. Bid Tab Sheet 2 . Project Map ... • •., City of JP'WlieatR!9ge PROJECT: ITB-12·15 'I"' ~ c G» E .c u 38th AVENUE LANE RECOFIGURATION, STRIPING RE-BID REQUESTED BY: MARK WESTBERG, PUBLIC WORKS -ENGINEERING:/1/U. ~ OPENED BY: JENNJFER NEUIS, PURCHASING AGENt W -c DUE DATE/TIME: WEDNESDAY, APRIL 11, 2012 BY 2 P.M. LOCAL TIME WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIANttp /" ILLEGAL ALIEN COMPLIANCE YES LIST OF SUB-CONTRACTORS VES NON -COLLUSION AFFAOAVIT YES BID BOND YES page 1 of 1 WEST 38TH AVENUE LANE RECONFIGURATION STRIPING ~ SITE LOCATION MAP Attachment 2 ... ~"~ -~ " City of • JP'Wheat:Rl__dge ITEMNO: 7, DATE: April23, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PROPOSED CHANGES TO COUNCIL RULES OF ORDER AND PROCEDURE D PUBLIC HEARING ~ BIDS/MOTION S D RESOLU TIONS QU ASI-JUDIC IAL : c · Clerk ISS U E: D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2N ° R EADING D Y ES City Manager According to the current Rules of Order and Procedure, changes to City Council Rules are to be reviewed by Council at a City Council Meeting prior to voting on said changes. Consideration for approval of the proposed changes to Council Ru les was held at the City Council Meeting of April 9 , 2012 , with the vote of said changes scheduled for the April 23 , 2012 regular City Council Meeting. PRIOR ACTION: The proposed changes w er e presented to Council at the April 9, 201 2 meeting. Council requested the proposed changes be consid ered at th e Apri l 23, 201 2 Cit y Council M eeting. FIN ANCIAL IMPACT: None BACKGROUND: Coun ci l requ ested the propo sed changes be consi dered at the Ap ri l 23 , 201 2 City Council Meeting as outli ned in Attachment 1. Council Action Form April 23 , 2012 Page2 . . RECOMMENDATIONS: Adopt the amended City Council Rules of Order and Procedure as amended , referencing Page 4 , TYPES OF MEETlNGS , A. 4 . a) to read as follows: Public comment will be allowed at the beginning of a Study Session for only those items on the agenda and each speaker is limited to a maximum of three (3) minutes. RECOMMENDED MOTION: "I move to adopt the amended City Council Rules of Order and Procedure, dating the revisions April23, 2012." Or "I move to postpone indefinitely the adoption of the amended City Council Rules of Order and Procedure for the following reason(s) ," REPORT PREPARED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council ATTACHMENTS: 1. Council Rules with proposed changes in RED 2. City Council Minutes of April 9, 2012 ... ~'~ !?. ~ityof Wheat~ge RULES OF ORDER AND PROCEDURE CITY COUNCIL WHEAT RIDGE, COLORADO Attachment 1 TABLE OF CONTENTS AUTHORITY ............................................................................................................ 3 GENERAL RULES ................................................................................................... 3-4 ABSENCE FROM MEETINGS ............................................................................. 3 RIGHT OF FLOOR ........................................................................................... 3 ELECTED OFFICIALS' MATTERS ....................................................................... 4 CITY ATTORNEY ............................................................................................ 4 CITY CLERK .................................................................................................. 4 PARLIAMENTARIAN ........................................................................................ 4 TYPES OF MEETINGS ............................................................................................ 4-6 MEETINGS .................................................................................................... 4 ADJOURNED MEETINGS .................................................................................. 5 EXECUTIVE SESSIONS ................................................................................... 5 INFORMAL MEETINGS ................................................................................. 5-6 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS ................................................................................................ 6 CHAIR, MAYOR PROTEM AND THEIR DUTIES ........................................................... 6-7 CHAIR .......................................................................................................... 6 MAYOR PROTEM ........................................................................................ 6-7 PRESERVATION OF ORDER ............................................................................. 7 POINT OF ORDER .......................................................................................... 7 ORDER OF BUSINESS AND THE AGENDA ............................................................... 8-11 ORDER OF BUSINESS ..................................................................................... 8 AGENDA .................................................................................................... 8-9 AGENDA ITEMS ........................................................................................ 9-10 PUBLIC HEARINGS ....................................................................................... 10 ORDINANCES ON FIRST READING ................................................................. 10 TIME OF ADJOURNMENT ............................................................................... 10 ORDINANCES, RESOLUTIONS, AND MOTIONS ................................................. 11 RECONDIDERATION ................................................................................ 11 CITY ATTORNEY TO APPROVE ................................................................... 11 CITIZENS' RIGHTS ............................................................................................ 11-12 CITIZENS' RIGHT TO SPEAK .................................................................... 11-12 CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS ............................................. 12 WRITTEN COMMUNICATIONS ........................................................................ 12 SUSPENSION AND AMENDMENT OF THESE RULES ..................................................... 12 SUSPENSION OF RULES ............................................................................... 12 AMENDMENT OF RULES ................................................................................ 12 REVIEW ...................................................................................................... 12 APPROPRIATIONS .................................................................................................. 13 2 RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO AUTHORITY: The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council until such time as they are amended or new rules adopted in the manner provided by these rules. GENERAL RULES A. ABSENCE FROM MEETINGS: In the event that a Council Member is absent from a meeting, the member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting why said Council Member is absent. B. RIGHT OF THE FLOOR: 1. The presiding officer must first recognize each Council Member requesting to speak on an agenda item unless limited by a motion to limit debate or for calling the question. 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the agenda item. 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote. 4. Each Council Member shall have the right to speak two (2) times for up to five (5) minutes each time to ask questions on each agenda item. Answers to questions will be included in the time and the time will not be cumulative. Before a vote, each Council Member shall have an additional three (3) minute period to make a summation. 5. No Council Member shall be allowed to speak more than once upon any one agenda item until every other member choosing to speak thereon shall have spoken. 6. Once a vote has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted. 7. In the event of an amendment, the maker of the amendment shall have one (1) three (3) minute period to make the amendment and speak to the amendment. All other members of Council shall have one (1) two (2) minute period to speak to the amendment. 3 C. ELECTED OFFICIALS' MATTERS: This is the time that elected officials and staff may make comments on any subject. Time limit per elected official and staff will be five (5) minutes. D. CITY ATTORNEY: The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. CITY CLERK: The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. F. PARLIAMENTARIAN: 1. The Mayor ProTem shall also function as the Council Parliamentarian. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. TYPES OF MEETINGS A. MEETINGS: 1. The Council meets in the Municipal Building for Business, Study, Adjourned, and Special Meetings, unless otherwise specified. 2. Council Business Meetings are held the second (2 nd ) and fourth (4th ) Monday of each month at 7:00 PM unless otherwise specified. 3. Study Sessions are the first (1 st) and third (3 rd ) Monday of each month at 6:30p.m., unless otherwise specified. 4. Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, and unless the issue is disposed of at a Business, Adjourned, or Special Meeting, may be amended or reconsidered in that or any future Study Session. a) Public Testimony will not be allowed at Study Sessions unless waived by City Council. Public comment will be allowed at 4 the beginning of a Study Session for only those items on the agenda and each speaker is limited to a maximum of three (3) minutes. B. ADJOURNED MEETINGS: Any Meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Council Business Meeting. C. EXECUTIVE SESSIONS: 1. The Council may meet in Executive Session on a vote of a majority of City Council in a regular business meeting (Charter-Sec 5. 7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. 3. If at any time during the session, a Council Member feels that a matter is being discussed other than that stated, that member should so state and may request that the session be terminated. Upon consensus vote of Council Members present, the session shall be terminated. D. INFORMAL MEETINGS: 1. Five (5) or more members of Council may attend informal meetings held for the purpose of acquiring information and discussion topics provided that public notice of the meeting is posted in the location establishing for posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topic of the meeting, its location, time, and date. The location of this posting shall be the bulletin board outside the City Court room in City Hall. a) Copies of the notice shall be given to all City Council Members, the City Clerk, at least 72 hours before the meeting. b) The City Clerk is responsible for the posting of the Meeting. 2. Any THREE or FOUR Council Members may attend informal meetings held for the purpose of acquiring information and discussing topics. SUCH MEETINGS MUST BE OPEN TO THE PUBLIC, BUT NO NOTICE IS REQUIRED UNLESS FORMAL ACTIONS WILL BE TAKEN. 5 3. Meetings involving no more than two Council Members, whether in person or by telephone, shall not be subject to any of the requirements in this Rule. 4. In no event, shall any vote or other action or decision be taken. This Rule (D) ( 4) shall not apply to standing Council Committees. 5. All Meetings shall be open to members of the public and the press. E. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS: 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including, without limitations, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with whom the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule E. CHAIR, MAYOR PROTEM AND THEIR DUTIES A. CHAIR: 1. The Mayor shall preside over the meetings of the Council. 2. In the absence of the Mayor, the Mayor ProTem shall preside. B. MAYOR PRO TEM 1. At the first or second business meeting in November of each year, the Council shall nominate and elect by motion upon a majority vote, a Mayor ProTem who shall serve until their successor is elected. The procedure shall be as follows: 6 • The presiding officer will announce that the floor is open for nominations for the position of Mayor ProTem. • Nominations will be taken from City Council Members by voice. No second is needed. • Each nominee will have the opportunity to address the Council. The order of address and length of time may be determined in advance by the Council. • Each Council member will mark the paper ballot (provided by the City Clerk in their agenda packet) with the name of the nominee they wish to vote for and fold the paper in half to ensure secrecy. • The City Clerk will collect the ballots, tally the results, and return the written name of the majority vote receiver to the presiding officer, who will announce the highest vote getter. • In the event of a tie, the Mayor will cast a paper ballot, to be delivered to the City Clerk for inclusion into the election tally. • A Motion and second is then in order to elect, by acclamation, the highest vote getter to the position of Mayor ProTem. The Council is encouraged to confirm the nomination unanimously; however, Council Members are not required to vote for this person. If the motion is not carried, additional motions are in order until a Mayor ProTem is elected by a majority of Council. 2. If presiding, the Mayor ProTem shall have the voting privileges of a regular Council Member. 3. The Mayor ProTem's duties shall include reviewing and setting the Agenda on Wednesday prior to Council Meetings and determination of emergency items at Council Meetings. The Mayor Pro Tem shall have the authority to pull any item off the Agenda with the exception of an item placed on the Agenda by two (2) Council Members. 4. The Mayor ProTem shall arrange for, and coordinate the orientation of all newly elected officials within two months after the election. C. PRESERVATION OF ORDER: The Chair shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the minority opinion may be expressed and that the majority be allowed to rule. D. POINT OF ORDER: The Chair shall determine all Points of Order, subject to the rights of any Council Member to appeal to the Council. 7 ORDER OF BUSINESS AND THE AGENDA A. ORDER OF BUSINESS The general rule as to the Order of Business in regular Council Business Meetings is stated thus: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • PROCLAMATIONS AND CEREMONIES • CITIZENS RIGHT TO SPEAK • APPROVAL OF AGENDA • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING, FINAL SITE PLANS • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • COMMITTEE REPORTS • CITY MANAGER'S MATTERS • CITY ATTORNEY'S MATTERS • ELECTED OFFICIALS' MATTERS • EXECUTIVE SESSION (AS NEEDED) • ADJOURNMENT B. AGENDA 1. The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. 2. For good cause shown, and by majority vote of the City Council during any City Council meeting, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda under "Approval of Agenda". 3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00p.m. on th e THURSDAY prior to the Monday of Council Meetings. In the event of a holiday, the 8 material shall be distributed not later than noon on the FRIDAY prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda Items by noon on the WEDNESDAY preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5:00p.m. on that day in order to be included in the Council packet. 5. A majority of Council Members present is required to direct the City Attorney or staff to draft an ordinance to be included on the agenda. 6. If a Council Member asks that an item be added to the Agenda, it is the responsibility of that Council Member to provide backup material for the Council packet as to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 7. A majority vote of City Council Members present may also add or delete an item from the agenda at the beginning of the Council Meeting. In Business Meetings, this must be done before Public Hearings and Second Readings. 8. The first option of introducing Agenda Items at a Council Meetings shall go to a representative of the Council District to which the Agenda Item pertains. Council Agenda items not specific to a Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. 9. Fiscal Notes. Prior to any item being placed on the agenda, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of the anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. This shall include any principal and interest payments required to finance expenditures. The note shall be known as a "fiscal note". C. AGENDAITEMS Council Members or the Mayor may originate an agenda item with the approval of one other Council Member. Each Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of regularly scheduled Council Business Meetings. 9 1. Standing Council committees may place items on Council Agendas for further action or discussion. 2. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included in the minutes. 3. During a City Council Business Meeting, under the Elected Officials, City Manager's or City Attorney's matters portion of the agenda, or at a Study Session a Council Member, the City Manager, or the City Attorney may request that an item be added to a future Agenda for consideration. 4. The City Manager may add administrative and operational items to the agenda prior to or at the beginning of any meeting. D. PUBLIC HEARINGS All speakers must sign up on the appropriate roster, indicating whether they intend to speak in favor of, or in opposition to, a particular Agenda Item. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself shall be proper at any time. E. ORDINANCES ON FIRST READING It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in the City Council Rules of Order and Procedure. F. TIME OF ADJOURNMENT At 11:00 P.M., the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. Prior to such adjournment, the Council may take any or all of the following actions: 1. Acting by 3f4 majority vote, complete all or portions of the remaining Agenda. 10 2. Acting by a majority vote, schedule any unfinished items for future regular Council Business Meeting. 3. Acting by majority vote, continue the meeting to a later date and time certain. ORDINANCES, RESOLUTIONS, AND MOTIONS A. RECONSIDERATION 1. A motion to reconsider can be made only by a Council Member originally voting with the prevailing side. 2. Such motions shall be made only at that or the next regularly scheduled Council Business Meeting. A continued or rescheduled meeting shall be considered at a next scheduled Council Business Meeting for the purpose of Reconsideration. If not reconsidered at that time, the issue cannot be placed on any agenda for six (6) months. 3. A motion to reconsider shall require an affirmative vote of a majority of the entire Council. 4. A COUNCIL MEMBER WHO HAS BEEN ABSENT FROM A PRIOR MEETING MAY VOTE ON A RECONSIDERATION PROVIDED SUCH COUNCIL MEMBER HAS LISTENED TO THE TAPE OF THAT AGENDA ITEM IN THE CITY CLERK'S OFFICE PRIOR TO THE MOTION FOR RECONSIDERATION. B. CITY ATTORNEY TO APPROVE: All Ordinances and Contracts shall be "Approved as to Form" by the City Attorney. CITIZENS' RIGHTS A. CITIZENS' RIGHT TO SPEAK: 1. Any person may speak for a maximum of three (3) minutes on any item other than Agenda items. 2. Speakers must sign the Public Comment Roster . 3. Citizens Right to Speak shall always precede all other official business except Call to Order, Pledge of Allegiance, Roll Call, Approval of Minutes and proclamations or Ceremonies. 11 4. There shall be no restriction on the number of citizens who wish to speak. 5. The content of any speaker's comments cannot be censored. 6. Persons in attendance shall be allowed to donate time to other speakers to a maximum of nine (9) minutes, including the three (3) minutes the original speaker has. 7. The Chair will entertain no written comments unless a member of the public is present to read them into the record. A Council Member may read written comments into the record with the approval of the majority of the Council present. 8. Council has the choice whether or not to respond to citizens after the closure of the Citizen Comment portion of the meeting. B. CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS: Any person desiring to speak on an agenda item must sign the appropriate roster in Council Chambers and confine their remarks to the relative item. There shall be no time limit applied unless deemed appropriate by the Chair. C. WRITTEN COMMUNICATIONS: All written communications to Council must be signed. If not signed, the written communications may not be accepted. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION OF RULES: Any provision of these Rules not governed by City Charter or Code of Laws may be temporarily suspended by a three -quarters (3/4) majority vote of Council Members present. B. AMENDMENT OF RULES: These Rules may be amended, or new Rules adopted by a majority vote of Council Members, provided that the proposed amendments or new Rules shall have been submitted in writing to Counci l at a preceding meeting. C. REVIEW: 12 These Rules will be reviewed by Council within three months of an election or filling of a vacancy of Member(s) of Council, Council may review these Rules at any time upon request of any member of Council. APPROPRIATIONS Council cannot approve an appropriation under City Manager's Matters, City Attorney's Matters, or Elected Officials' Matters. Updated January 23, 2012 13 City Council Minutes April 9, 2012 Page 6 4. Resolution No. 19-2012-Amending the Fiscal Year 2011 Budget to reflect the approval of increased revenue in the Open Space and Richards Hart Estate Funds Resolution 19-2012 was introduced by Mr. Starker This resolution meets the auditor's recommendation to identify and approve non- budgeted revenue such as grants. The Open Space Fund received a grant for the Bass Lake project in 2011 . Because Council closed the Richards Hart Estate Fund in October 2011, based on the auditor's recommendation, the revenue received from rentals of the Estate in 2011 is now non-budgeted revenue, and should be approved accordingly. Motion by Mr. Starker to approve Resolution 19-2012, amending the Fiscal Year 2011 Budget to reflect the approval of increased revenue in the Open Space and Richards Hart Estate Funds; seconded by Mr. DeMott; carried 8-0. §... Presentation of the proposed change to City Council Rules of Order and Procedure to allow Public Comment at Study Sessions Mayor DiTullio introduced the proposed change to the Council Rules that will allow citizens to speak at study sessions for three (3) minutes on agenda items only. Having now publicized the change, it will be voted on at the next meeting. CITY MANAGER'S MATTERS Mr. Goff alerted council and citizens to the test of the City warning sirens that will happen this Wednesday at 11 AM. He also mentioned the WR Police De~artment will be providing another Child Safety Fair at WR Middle School on April 28t from 11-3 PM. It includes free inspection and replacement of car seats and a free bicycle inspection. CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS Mr. Starker congratulated the WR 6th Grade Essay Winners. Mr. Stites reminded folks to tend to their weeds now that it's growing season. Mrs. Langworthy also praised the 6th Grade Essay Writers and appreciates their efforts. Ms. Davis requested an agenda item for a near future study session regarding the WR Business District expanding its scope to include access. Mrs. Jay noted the postcards that have gone out to citizens in Dist 1 and 2 for the Town Meeting for Districts 1 and 2 on April 30. Attachment 2 ITEM NO:~ DATE: April 23 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE A $20,000 CONTRIBUTION TO WHEAT RIDGE BUSINESS DISTRICT TO ADMINISTER AN ACCESSIBILITY AND USABILITY MATCIDNG GRANT PROGRAM D PUBLIC HEARING rg) BIDS/MOTIONS D RESOLUTIONS City Manager ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES rg] NO Staffhas identified the need for many aging properties in the City of Wheat Ridge to be upgraded to address accessibility and usability issues . These issues may include upgrading to ANSI accessibility and usability compliance standards for restrooms, parking, ramping, ingress and egress, counters , signage and other issues. These issues must be addressed prior to the building division issuing a certificate of occupancy. The accessibility and usability issues arise upon inspection of new businesses when the use of the site has changed. If the property is being leased to a business that will use the space in a manner similar to the previous tenant, no inspection is required and therefore the accessibility issues are not identified. It is a change in use that triggers an inspection and identifies accessibility items which need to be addressed . If the property owner does not have the means to make the required improvements, the burden falls on the new tenant. Many times this tenant does not have the capital to finance these required changes. Staff has identified the average upgrade required can cost anywhere between $1 ,500 to $10 ,000 depending upon the deficiencies identified. Council Action Form Apri123,2012 Page2 . ' BACKGROUND The Wheat Ridge Business District (WRBD) was approached by Council Member Kristi Davis and City staff with a request that WRBD explore the opportunity to administer a program wherein WRBD could grant funds to assist the property owner or business in making the accessibility changes. At the April meeting, the WRBD Board elected to fund a program whereby an "Accessibility and Usability'' category would be added to the Revitalization Incentive Program. Up to $5,000, with a minimum total project amount of at least $1,000, could be contributed per property. FINANCIAL IMPACT: The funding for the program would be transferred from the unused funds in the Community Development budget that were originally designated for the evaluation of the civic component of the 38'h Avenue Plan. RECOMMENDATIONS: Staff recommends a $20,000 contribution be made to the WRBD to fund the Accessibility and Usability matching grant program. RECOMMENDED MOTION: "I move to approve a $20,000 contribution to the Wheat Ridge Business District to administer an Accessibility and Usability matching grant program." Or, "I move to deny the $20,000 contribution to the Wheat Ridge Business District for the Accessibility and Usability matching grant program for the following reason(s) _____ " REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. WRBD Board Meeting Minutes of 4/05 /2012 ~!Ridge BUSINESS DISTRICT Board Meeting Minutes April 5, 2012 Members Present: Terry Amalfitano, Joe DeMott, Loretta DiTirro, Jerry DiTullio, Joyce Jay, John Marriott, Dick Matthews, Jerry Nealon, Roger Loecher, Walt Pettit Janeece Hoppe Members Absent: WR2020 Staff Present: Britta Fisher, Kim Snetzinger Guests: Councilwoman Kristi Davis, Steve Art, John Shoemaker I. Call to Order at 3:36 p.m. II. Roll Call A quorum was present. The agenda was reordered so that the guests could make their presentation at the start of the meeting. III. New Business a. Grant Program for Accessibility Issues Kristi Davis, Wheat Ridge City Council, requested the Board consider providing grants for accessibility (Americans With Disability Act (ADA) compliance) and usability purposes. Ms. Davis stated that should the WRBD agree to providing grants she would ask the City for funding for the new grant category. John Shoemaker and Steve Art gave background on current and pending legislation that affects Wheat Ridge businesses, reasons why a business may have to make changes, and how many businesses have been impacted by these issues. Kristi, Steve, and John then left the {De.eting. There was discussion among Board members regarding individual grant funding limits, the amount of businesses who may be interested, marketing the program, an overall budget for the program and the need to ask City Council for additional funds, and how the program could be managed . The board felt that this should be tested and refined with the money, when secured, from City Council , with reporting back on effectiveness. Motion: To add an "Accessibility & Usability" category to the Revitalization Incentive Program wjth an amount per grant of up to $5,000 with a minimum total project amount of at least $1 ,000. Additionally to make a request to the Wheat Ridge City Council in the amount of $20,000 to fund the A&U program. Jerry DiTullio Second: Dick Matthews Vote: All in favor. Motion carried. VII. Minutes Motion: Second: Vote: Approve meeting minutes of February 2, 2012 as presented. Dick Matthews Terry Amalfitano All in favor. Motion carried. VIII. Treasurer's Report Motion: Approve March 2012 treasurer's report. Walt Pettit Second: Joe DeMott Vote: All in favor. Motion carried. WRBD Meeting Minutes April5,2012 Attachment 1 Page 1