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HomeMy WebLinkAboutCouncil Packet 06/11/20126:45 p.m. Pre-Meeting :\ ~: l'J ~;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 11, 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 Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLLCALL OF MEMBERS APPROVAL OF MINUTES OF May 14,2012 PROCLAMATIONS AND CEREMONIES Brake for Bela 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 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1:. Council Bill 04-2012-An Ordinance amending Section 11-53 (b) of the Wheat Ridge Code of Laws concerning application of the State Liquor Laws within the City. 2 . Council Bill 06-2012-An Ordinance amending the Wheat Ridge Code of Laws, Chapter 2 , Section 2-53 (b) regarding membership of Boards and Commissions and Section 2-53 (f) concerning the administering of oaths to Board and Commission Members . CITY COUNCIL AGENDA: June 11 ,2012 Page -2- ORDINANCES OF FIRST READING 3. Council Bill No. 07-2012-An Ordinance approving the Rezoning of property located at 5060 Ward Road from Planned Industrial Development (PID ) and Light Industrial (I) to Mixed Use -Commercial Transit Oriented Development (MU-C TOO) Zone District (Case No. WZ-12-02/IBC Holdings ~. Council Bill 08-2012-An Ordinance approving the Rezoning of Property located at 4695 Wadsworth Blvd . from Residential -Two (R-2) to Mixed Use-Neighborhood (MU-N) Zone District (Case No . WZ-12-03/Patrick Nichols & Associates) §.. Council Bill 09-2012-An Ordinance amending various sections of Chapter 26 of the Wheat Ridge Code of Laws , Concerning Zoning, to regulate Group Homes for the Handicapped and to bring uniformity to certain Residential Group Home Zoning requirements and Substance Abuse Clinic Zoning requirements DECISIONS. RESOLUTIONS AND MOTIONS 7 . Motion to appoint Christina Rea to the Animal Welfare and Control Commission-District Ill Resolution No. 28-2012-A Resolution amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation for the 381h Avenue Pedestrian/Bicycle Count Grant in the amount of $2 ,000.00 . Resolution No. 29-2012 -A Resolution authorizing approval of the Denver Regional Council of Governments Consortium Agreement concerning the goals and governance of the US Department of Housing and Urban Development's Sustainable Communities Regional Planning Grant. Resolution No. 30-2012-A Resolution amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $350,000 to Renewal Wheat Ridge for the purpose of providing a loan for the Town Center North Project Infrastructure Improvements. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO May 14, 2012 Mayor DiTullio called the Regular City Council Meeting to order at 7 :00 p.m . ROLL CALL 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 Attorney, Gerald Dahl; City Treasurer, Larry Schulz; City Manager; Patrick Goff; Police Chief, Dan Brennan; Administrative Services Director, Heather Geyer; Public Works Director, Tim Paranto; Parks and Recreation Director, Joyce Manwaring ; Economic Development Coordinator, Steve Art; staff, interested parties and interested citizens. APPROVAL OF MINUTES OF April 23, 2012 Motion b y M r. Stites for approval of the Minutes of April 23, 2012 ; seconded by Mr. Starker; carried 7-0 , with Mrs. Langworthy abstaining. PROCLAMATIONS AND CEREMONIES Emergency Medical Services Week C ity Clerk Shaver read a proclamation on beha lf of Mayor D iTullio and City Council declaring May 20 , 2012 through May 26 , 2012 as the City of Wheat Ridge Emergency Medical Services Week. Courtney Morehouse from Pridemark accepted the proclamation and thanked the City for their recognition . Police Officers ' Memorial Day and Pol ice Week City Clerk Shaver read a proclamation on behalf of Mayor DiTullio and City Council declaring Tuesday, May 15, 2012 as the City of Wheat Ridge Police Officers' Memorial Day and declaring May 13 , 2012 through May 19, 2012 as the City of Wheat Ridge Police Week. City Council Minutes May 14 , 2012 Page 2 Dan Brennan , Ch ief of Pol ice , accepted the proclamation on beha lf of the City of Wheat Ridge Police Department. He thanked the City and the community, and reminded the City Council of the Police Awards Ceremony tomorrow afternoon at 3:00 i n the Council Chambers. CI T IZENS' R IGHT TO SPEAK Amanda F itzsimmons of Breathe Easy Wheat Ridge and Jefferson County Public Health introduced Emma M il ek and Tasha Taylor, students at Wheat R idge H igh Schoo l. The students presented a project they have been doing taking pictures of smoking activity and collecting ciga rette butts at the park across the street from the school. They wanted to show how smoking affects their world and the kids. They hope for tobacco free p laygrounds and parks and a tobacco free commun ity. Ms. Fitzsi mmons also gave Counc ilmembers a copy of a newspaper article about the tobacco cleanup . Nancy Waring , president of the PTA at Wheat Ri dge H igh School , worked w ith Amanda and the gir ls on the project. As a school nurse Nancy has passion about second hand smoke. Additionally, her husband is a surgeon at Lutheran Hosp ital and has experience with the dangers of 2nd hand smoke. Nancy hopes ord i nances w i ll be passed to make our community more healthy i n terms of playgrounds, bus stops, etc . APPROVALOF AGENDA ~ CON SENTAGENDA A Motion to approve payment to Atlant is Pool Plastering , Inc., DBA Atlantis Aquatic Group, i n the amount of $66 ,777 for the refinishing of the Recreation Center Lap Pool. B. Motion to Cancel the Study Session of May 21 , 2012 C . Motion to approve award of ITB-12-11 , Bus Shelter Installation P roject to JL Melton Const ruction , Inc., Denver, CO, in the contract amou nt of $31 ,075 , and a contingency amount of $3,100. D . Mot ion to approve payment to MSN Communications, Inc. in the amount of $102,674 .81 for two Cisco Core Switch Replacements E. Approval of payment in the amount of $40 ,684 to Wheat Ridge 2020 for Phase Two of the Implementation of the 38th Ave. Corridor Plan City Council Minutes May 14, 2012 Page 3 F . Motion to award purchase of new playground equipment in Paramount Park to Miracle Recreation Equipment Company in the amount of $52 ,076.80 G . Motion to award demolition of existing playground equipment, installation of new playground equipment and related site work i n Paramount Park to Churchich Recreation Company LLC in the amount of $17 ,931 .86 H. Resolution No. 25-2012-Amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget appropriation in the amount of $7 ,000 and the acceptance of a 2012 COOT Grant to support the Checkpoi nt Colorado Program I. Motion to approve payment of the Sales Tax Increment for April of Fiscal Year 2012 from the Town Center Project in the amount of $36 ,112 .06 to the Wheat Ridge Urban Renewal Authority J . Resolution No. 27-2012-Approving an Intergovernmental Agreement for cooperative purchas ing purposes between the City of Wheat Ridge and HGACBUY The Consent Agenda was introduced and read by Councilmember DeMott .. Mrs. Langworthy pulled Item 1 C . M o tion by Mr. DeMott for approval of Items A , B , D, E, F , G , H, I, and J of the Consent Agenda ; seconded by Mr. Stites ; carried 8-0. Counci lmember Langworthy i ntroduced Item 1 C . the award of the purchase of 30 new bus shelters . She was concerned about how RTD 's route revision m ight affect the purchase of these bus shelters. Some of the proposed new bus shelters are slated to be located on streets that might have their RTD route eliminated . Mr. Paranto reported that if RTD does discontinue bus service on certain streets the City could relocate those shelters. Further, even if the routes in question are discontinued , often people who use Call-n-Ride can be p icked up at these stops, so the bus stops wou ld get used regardless . Motion by Mrs . Langworthy to award ITB-12-11 , Bus Shelter Installation Project to JL Melton Construction, Inc., Denver, in the amount of $31 ,075 , with a contingency amount of $3,107 and that the D irector of Publ ic Works be authorized to issue change orders up to a total contract and contingency amount of $34, 182; seconded by Mr. Stites, carried 8-0. ORDINANCES ON FIRST READING City Cou ncil Minutes May 14 , 2012 Page 4 2 . Council Bill 06 -2012 -amending the Wheat Ridge Code of Laws , Chapter 2 , Section 2-53 (b) regarding membersh ip of boards and commissions and Section 2-53 (f) concern ing the administeri ng of oaths to board and commission members • Currently all boards and commissions are to have 8 members. Th is change would allow Council to alter that number, as is currently the case with the Build ing Code Advisory Board which has already been altered to have only 5 members. • Currently board and commiss ion members are supposed to be sworn in by the mayor at a regularly scheduled council meeting . This change will allow the mayor to assign that duty to a designee and also allow for the swearing in to be done i n and by the office of the city clerk . • Motio n by Councilmember Stites to approve Council Bill No. 06-2012. an ordinance amending the Wheat R idge Code of Laws regarding membership of boards and comm issions and the adm i nistering of oaths to those members, on first read i ng ordered it published and set for a public hearing on June 11 , 2012 at 7 :00p.m . in C ity Counci l Chambers; seconded by Mr. DeMott; carried 8 -0 ~· Counci l Bill No. 04-2012-amend ing Section 11 -53(b ) of the Whea t R idge Code of Laws c oncern ing appl ication of t he State Liquor Laws w ithin the C ity Currently a hotel/restaurant license is the only liquor license that can be located within 500 feet of a school in Wheat Ridge. Th is change would amend the list of liquor licenses allowed w ithin 500 feet of a sc hool to include beer and wine licenses, brew pub licenses , art licenses and v i ntner's restaurant licenses. Motio n by Councilmember Pond to app rove Council B i ll No . 04-2012 , an ord inance amending Section 11-53(b) of the Wheat Ridge Code of Laws concerni ng application of the state liquor laws, on first reading , order it published and set for a public hearing on June 11 , 2012 at 7 :00 p .m . in City Council Chambers, and that it takes effect immed iately; seconded by M r. Stites ; carried 8-0 DECIS IONS , RESOLUTI ONS , AND MOTI ONS 4 . Resolution No. 24 -2012 -approving the establishment of a Bus i ness Development Zone encompassing the entire City of Wheat Ridge Councilmember Starker asked to recuse hi mself from Agenda Item 4 . By unanimous consent he was allowed to recuse himself. He left the room for the d iscuss ion and vot ing on th is agenda item and returned for Agenda Item 5 . City Council Minutes May 14 , 2012 Page 5 Ms. Davis introduced Item 4 and read some background . The BDZ program has always been used on a limited and inconsistent basis . In response to recent inquiries from existing and potential businesses for inclusion into a BDZ district Council reached a consensus on April 16, 2012 to create a BDZ district encompassing the entire city . Motion by Ms . Davis to adopt Resolution No. 24-2012, a resolution designating the entire City of Wheat Ridge as a Business Development Zone pursuant to Code Section 22, Division 5 ; seconded by Mr. Stites; carried 7-0 ~ Approval of the written findings and decision in Case No. Sup-12-01 Wellspring Bible Church and deny the application for a Special Use Permit at 3010 Newland Street On April 23, 2012 the City Council voted to deny the application of the Wellspring Bible Church requesting a special use permit for a charter school as an accessory use . Moti on by Mr. Starker to approve the written findings and decision in Case No . SUP- 12-01 as submitted and deny the Special Use Permit for 3010 Newland Street; seconded by Mr. DeMott; carried 6-2, with Mr. Reinhart and Mr. Pond voting no . 6 . Resolution No. 26-2012 -requesting the Denver Regional Transportation District to maintain Bus Route 32 west of Wadsworth Boulevard At issue is RTD's proposed FASTRACKS service plan which calls for the termination of several bus routes in the southwest portion of the city, including Route 32 west of Wadsworth. This route serves some 80 students at Wheat Ridge High School so eliminating this route would be a tremendous hardship for those students and their parents . The RTD Board of Directors is scheduled to approve this West Corridor Service Plan at its May 22 , 2012 meeting . Motion by Mr. Pond to approve Resolution No . 26-2012-a resolution requesting Denver Regional Transportation District to maintain Bus Route 32 west of Wadsworth Boulevard with the addition of the following: Adding (the italicized) wording in the last 'Whereas" (as originally written) so that it reads : "WHEREAS the elimination of Route 32 service west of Wadsworth would be a tremendous hardship on the Wheat Ridge High School students and parents", and Adding a final "Whereas" to read as follows : "WHEREAS the elimination of Route 32 service west of Wadsworth will dramatically impact residents ' ability to commute to work or school in Denver". Seconded by Mr. Stites , carried 8-0. Copies of the resolution will be sent to all 15 RTD board members, including our area RTD representative, Matt Cohen . City Council Minutes May 14 , 2012 Page 6 CITY MANAGER'S MATTERS Mr. Goff reminded folks that there will be an emergency preparedness drill at Lutheran Hospital this Wednesday, May 16. Citizens need not be alarmed as it is only a test. Our police department will be participating. Mr. Goff also reported that work on the Gold Line will be starting in the next couple of weeks . Citizens should start to see some activity related to the project. CITY ATTORNEY'S MATTERS C ITY C L ERK MAT TERS City Clerk Shaver reminded people that the last day to register to be eligible to vote in this year's primary is Tuesday , May 29. People who would like to register or unaffiliated voters who would like to declare a party affiliation can do it in person at the Motor Vehicle office at 201h and Wadsworth or online . To register online citizens can go to the Jeffco Clerk 's website at www.votejeffco com or the Secretary of State 's website at www govotecolorado .com . There are also links to the Secretary of State 's registration site on the Wheat Ridge city website under Clerk or Elections. The date of the Primary is June 26, and it will be an all-mail-in ballot. ELEC TED OFFICIAL S ' MATTERS Ms. Davi s requested to look at the final 381h Avenue plan at a study session . At the town meeting for District I and II citizens had concerns about the bus pull-outs. She would also like to see the data RTD provided about the bus stops and pullouts. Moti on by Ms. Davis to review the final 381h Avenue Development Plan at a study session --especially the RTD stops and some of the numbers that backed up the decisions; seconded by Mr. Stites; carried 8-0 M r. Starker would like Council to settle two unresolved issues --the question of pre- meetings, and the subject of roadside memorials . Mr. Goff said discussion of pre- meetings is scheduled for June 4 . Concerning roadside memorials, Mr. Pond had sent out an email about this and is happy to brief Council about it at a study session . Mrs. Langworthy announced that Lutheran Hospital is having a safety fair this weekend, Saturday, May 19 , including fun events, car seat checks, and bicycle checks . M r. Stit e s encouraged folks to make sure their weeds get cut. It helps the looks of our city and anything over 12 inched might get a notice from code enforcement. Mrs. Jay announced an important meeting this Wednesday, 8 AM at the Rec Center. The public is welcome to come and offer input as the Leadership Committee narrows down the branding and marketing plan for West 381h Avenue . City Council Minutes May 14 , 2012 Page 7 Mr. Reinhart distributed to Council two proposed changes to the CML Policy Statement. One is a broad statement about education. The other is about the allocation of public funds for public transportation . He asked Council to relate any feedback they may have for him to take back to CML. Mayor DiTullio reported that a letter was sent out from the City , including the signatures of the R-1 superintendent and the Wheat Ridge High School principal, in opposition to the 32 bus route being discontinued or shortened . The Mayor also thanked the council members and other citizens who went to the fund raiser last weekend for the Jefferson Center for Mental Health . The Mayor said he has been approached by several area principals about the changing demographics of the schools to where up to 80% of the students are on free and reduced lunches. This affects test scores. The schools want to know what the city is doing to address these issues . The Mayor has spoken with the City Manager and they are setting up a meeting for principals to meet with city staff. The principals can share information about issues at the schools , and staff can update them on what is happening in Wheat Ridge and what programs we have. Enterprise Wheat Ridge will be included . It will be during the day and Council will be invited . The Mayor closed by relating that a lot of comments are coming in about all the new construction in Wheat Ridge . Meeting adjourned at 7:50 pm . APPROVED BY CITY COUNCIL ON June 11 , 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 . ' ; ~ Ci~of '?Wheat~dge ITEM NO: DATE: June 11,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2012 -AN ORDINANCE AMENDING SECTION 11-53(b) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATION OF THE STATE LIQUOR LAWS WITIDN THE CITY ~ PUBLIC HEARING D BIDS/MOTI ONS 0 RESOLUTIONS QUAS I-J UD IC IAL: -:::"')'/ /' (___ .,'' / City Attorney ISSUE: D ORDINANCES FOR J 5TREADING (05/14/2012) fZI ORDINANCES FOR 2ND READING (06/11 /2012) 0 YES City Manager The Colorado Liquor Code. C.R.S. § 12-47-10 I et seq., prevents local governments from issui11g liquor licenses to establishments that are located within 500 feet of any public or private school , university. college campus or seminary unless a local govenunent by ordinance eliminates or reduces that distance requirement. In October 20 I 0 , the City Council approved an ordinance. lifting the distance limitation only for Hotel and Restaurant licenses. Recently, the City Clerk's office has received inquiries for liquor licenses that are not of the Hotel and Restaurant type for proposed businesses that are within 500 feet of schools. Jf the default 500-foot limitation remains in effect, the City would be unable to issue liquor licenses to these bus inesses. PRJ OR ACTION: In October 2010 City Council approved Council Bill 17-20 I 0 whjch dropped the 500-foot rule for hotel & restaurant licenses only. Council Action Fonn June 11~ 2012 Page2 FINANCIAL 11\'IPACT : There is no direct financial impact fTom this ordinance. B ACK G ROUN D : The provision of the Colorado Liquor Code at issue is C.R.S. § 12-47-313( I )(d) which states: (I) No application for the issuance of any license specified in section 12-47- 309 (I) or 12 -46-1 07 (I) shaJ I be received or acted upon: (d)( I) If the building in which the malt. vinous, or spirituous liquor is to be sold is located within five hw1dred feet of any public or parochia l school or the principa l campus of any co ll ege, university , or seminary; except this provision shall not affect the renewal or reissuance of a l icense once granted or apply to licensed premises located or to be located on land owned by a municipality, or appJy to an existing licensed premises on land owned by the state. or apply to a liquor license in effect and actively doing business before said p1incipal campus was constructed, or apply to any club located within the principal campus of any college, university. or seminary that limits its membership to the faculty or statf of such ins titution; (11) The distances referred to in s ubparagraph (I) of this paragraph (d) are to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which liquor is to be sold, using a route of direct pedestrian access. (Ill) The local licensing authority of any city and county, by rule or regulation. the governing body of any other municipality, by ordinance, and the governing body of any other county, by resolution. may eliminate or reduce the distance res trictions imposed by this paragraph (d) for any class of license, or may eliminate one or more types of schools or campuses from the application of any di s tance restriction establis hed by or purst1ant to thj s paragraph (d). (JV) In addition to the requirements of section 12-47-312 (2), the local licensing authority shaJ I consider the evidence and make a s pecific finding of fact as to whether the building in which the liquor is to be sold is located within any distance restrictions established by or pursuant to this section. This finding s hall be s ubject to judicial review pursuant to section 12-47- 802. Pursuant to C.R.S. § 12-47-313(1)(d)(l), no liquor licensed premises ma y be located within 500 feet of a public or private school. universi ty, college campus or seminary. In the City, there are a few redevel o pment location s that fall within 500 feet of a school. Thus, under C.R.S. § 12-47- 313(1)(d)(I). none of tho se locations could house a liquor licensed establishment with the Council Action Fom1 June II. 2012 Page 3 exception of one wi th a hotel & restaurant license. As a reference, the following are a few of the C ity's redevelopment locations that are impacted by this limitation and the nearest school: Location School 38'" Avenue and High C'ourt Wheat Ridge Middle School 44u' Avenue and Wadsworth Boulevard Wilmore-Davis 441h Avenue and Kipling Street Pennington Elementary School 391h Avenue and Kipling Street Everett Middle School However, pursuant to C.R .S . § 12-47-313(1)(d)(lll), the City Coun c il, by ordinance, may limit the 500-foot r ule in C.R.S. § 12-47-313( I }(d)(l) as it applies to a ny class oflicense. any type of school or some combinntion thereof. The City Council. by ordinance. may a lso modify lhe rule by reducing the distance in it s application to a class of license or type of school. At a study session in April. the City Council requested staff to draft an ordinance eliminating the 500-foot rule in C.R.S. § 12-47-313( 1 )(d){ I) including more classes oflicenses to allow additional business opportw1ities in the City. Through the attached o rdinance. the City is on ly seek ing to eliminate the 500-foot distance limitation as it applies to a ll beer and wine licenses. brew pub licenses, arts li censes. and vintner's restaurant licenses that are licen sed premises w ithin the City. RECOMMENDATIONS: City s taff recommends adoption of thi s ordinance. RECOl\1l\1ENDED MOTION: "l move to approve Council Bill No. 04-2012, an ordinance amending Secti o n ll-53(b) of the Wheat Ridge Code of Laws concerning application of the state liquor laws. on second reading and that it takes effect immediately." Or. ''I move to table indefinitel y Council BilJ No. 04-2012, an onlinance amending Section ll-53(b) o f the Wheat Ridge Code of Laws concerning application of the s tate liquor laws or the following reason(s) " REPORT PREPARED BY: Gerald E. Dahl, City Attorney Bruce Roome, Deputy City Clerk ATTACHMENTS: I . Council Bill No. 04-2012 CITY OF WHEAT RIDGE , COLORADO INTRODUCED BY COUNCIL MEMBER POND Council Bill No. 04 Ordinance No. ---- Series 2012 TITLE: AN ORDINANCE AMENDING SECTION 11-53(b) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATION OF THE STATE LIQUOR LAWS WITHIN THE CITY WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all powers conferred by Article XX of the Colorado Constrtution ; and WHEREAS, the City Council ("Council") has exercised these powers by the adoption of Article Ill of Chapter 11 of the Wheat Ridge Code of Laws concerning alcohol ic beverages: and WHEREAS, pursuant to that article and the provisions i n the Colorado Liquor Code, Section 12-47-101 et seq., C .R.S ., t he City issues licenses to businesses seeking to sell malt, vinous, or spirituous liquors; and WHEREAS, pursuant to Section 12-47-313(1 )(d )( I), C .R.S ., all c lasses of liquor licensed prem ises with in the City must be at least "five hundred feet from any public or parochial school or the principal campus of any college. un iversity, or seminary:" and WHEREAS, pursuant to Section 12-47-313(1 )(d)(lll ), C .R.S ., Council is authorized to reduce or eliminate that distance limitation for any and all classes of licenses; and WHEREAS, Council wishes to eliminate the five hundred foot distance requirement in Section 12-47-313(1 )(d)(l), C .R.S., for all beer and wine licenses, brew pub licenses, arts licenses, and vintne r's restaurant licenses that are licensed premises within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE crTY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-53(b) of the Wheat Ridge Code of Laws is amended to read as follows : (b ) Notwithstanding the provi sions in subsection (a ) to the contrary. the distance restrictions imposed by Section 12-47-313(1 )(d )( I), C .R.S ., proh i biting the sale of malt, vinous or spirituous liquor with in five hundred (500) feet of any public or parochial school or the principal c ampus of any college , university or seminary, are eliminated for all hotel and restaurant licenses, BEER AND WINE LICENSES, BREW PUB LICENSES, ARTS LICENSES , AND VINTNER'S RESTAURANT LICENSES issued pursuant to this article. Attachment 1 Section 2. Severability, Confl icting Ord inances Repea led . If any section . subsection or clause of this Ord inance shall be deemed to be unconstitutional or otherwise invalid , the va lidity of t he remaining sections, subsections and clauses s hall not be affected the reby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repeated . Section 3. Effective Date. T his Ordina nce sha ll take effect upon adoptio n and signatu re of the Mayo r as provided by Sectio n 5.11 of the Charter. INTRODUCED, READ , AND ADOPTED on fi rst reading by a vote of 8 to 0 on this 14th day of May, 2012 , o rdered published in full in a newspaper of general ci rculation in the City of Wheat Ridge , and Public Hea ring and consideration on fina l passage set for Monday, June 11 , 2012 at 7:00 p .m ., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge, Colorado . READ , ADOPTED AND ORDERED PUBLISHED on second and fina l reading by a vote of _ to _, this day of , 20 12. SIGN ED by the Mayor on th is __ day of _____ , 2012 . ATTEST : Janelle Shaver, City Clerk First Publicat ion : May 17, 2012 Second Publication : Wheat Ridge Transcript Effecti ve Date : Jerry DiTullio , Ma yor Approved as to Form Gerald E. Dahl , City Attorney .. ~ "' . r Cily of !P' WlieatRi_dge TTEMNO:~ DATE: June II , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2012 -AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 2, SECTION 2-53 (b) REGARDING MEMBERSHIP OF BOARDS AND COMMISSIONS AND SECTION 2-53 (f) CONCERNING THE ADMINISTERING OF OATHS TO BOARD AND COMMISSION MEMBERS ~ PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ;J 7 / (__,•' / City Attorney ISSUE: 0 ORDINANCES FOR I 51 READING (5/14/20 12) cg) ORDINANCES FOR 2ND READING {6111 /2012) D YES City Code Sec. 2-53 (b) provides that each City board or commission shall have e ight (8) members: however. the Council has previously determined that some boards or commission function properly with a lesser number of m ember s. Code Sec. 2-53(f) provides that oaths of office for appointed board and commission members shall be administered by the Mayor at a regular meeting of the Council. This approach does not provide for flexibility in the administration of oaths. The attached ordinance: (I) amends Code Sec. 2-53(b) to reflect the Council's right to provide for a board of commission with less o r more than 8 members, and (2) amends Code Sec. 2-53(f) to permit the Mayor or hjs designee to administer oaths either at a regular Council meeting or in the office of the C ity Clerk. PRIOR ACTION: At its study session on April 16111, Council directed staff to draft this ordinance. Council Action Fonn June II, 2012 Page2 FINANCIAL IMPACT: There is no direct financial impact from this ordinance. BACKGROUND: Currently, Code Sec. 2-53 (b) provides that eacb Ci ty board or commission shall have e igbt (8) members: however, recently, the Council determined that the Building Code Advisory Board would function properly wi th on ly five (5) members. The proposed ame ndm ent recognizes that Counci l may designate a different number by ordinance. With this change, a sl ight modification is also needed to clarify what number of members constitutes a quorum. Presently, subsection (b) sta tes that five (5) members shall constitute a quorum . This is coiTec t for all eight-member (8-member) boards or commissions, but would not be accurate for boards or commissions with a lesser number of members. (For example. a seven-member [7-member] board would only require lhe presence of four [4) members to establish a quorum). Code Sec. 2-53 (f) provides tbat the Mayor shaJI administer the oath of office for all appointed board and commission members at a regular meeting of the Counci l. This practice bas not been unifonnly fo ll owed in the past, and it would be burdensome to require board and commission members to attend an ex tra meeting simply for the purpose of being sworn in to office. TI1e ord inance revises this s ub section (f) to provide for the flexibility that the Mayor or his designee may administer oaths and that thi s action can be taken either at a regularly scheduled Council meeting or in the office of the City Clerk . RECOMMENDATIONS : City staff recommends adoption ofthis ordinance. RECOMMENDED MOTION: "J move to approve Council Bill No. 06-2012, an ordinance amend in g the Wheat Rid ge Code of Laws regarding membership of boards and commissions and the administerin g of oaths to those members, on second reading and that it will take effect 15 days after fina l publication." Or. "I move to table indefinitely Council Bill No. 06-2012, an ordinance amending the Wheat Ridge Code of Laws regarding membership ofboards and commissions and the administering of oaths Lo those members, for the following reason(s) " REPORT PREPARED BY: Geral d E. Dahl , City Attorney Bruce Roome. Deputy City Clerk ATTACHMENTS: 1. Council Bill No. 06-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 06 Ordinance No. ___ _ Series 2012 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 2, SECTION 2-53 (b) REGARDING MEMBERSHIP OF BOARDS AND COMMISSIONS AND SECTION 2-53 (f) CONCERNING THE ADMINISTERING OF OATHS TO BOARD AND COMMISSION MEMBERS WHEREAS , the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Const itution; and WHEREAS, the Council has previously exercised these powers by the adoption of Chapter 2 , Article Ill of the Wheat Ridge Code of Laws ("Code") concerning City boards and commissions; and WHEREAS , Code Sec. 2-53 (b) specifically provides that there shall be eight (8 ) regular members on all City boards and commission; and WHEREAS, the Council has determined that particular boards or commissions may function properly with less than eight (8) members; and WHEREAS , Code Sec. 2-53 (f) specifically p rovides that upon appointment to a Ci ty board or commission, the appointee shall take an oath of office administered by the Mayor at a regularly scheduled Council meeting ; and WHEREAS, to provide for greater flexibility , the Council has determined that it is beneficia l for the Mayor or his designee to be permitted to give such oaths either at a regularly schedu led Council meeting or in the office of the City Clerk. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Sec. 2-53 (b) is hereby amended as follows : All boards and commissions shall co ns ist of eight (8) regu lar members, UNLESS A DIFFERENT NUMBER IS PROVI DED BY ORDINANCE, to be appointed by a majority vote of the members of the city cou nc il. Regular members of all boards and commissions shall have equal voting strength of their respective board or commission , and shall be authorized to attend , participate in . and vote at their respective board o r commission meetings. The attendance of A MAJORITY OF THE MEMBERS OF THE BOARD OR COMMISSION five (5) regular members shall constitute a quorum 9f FOR the transaction of business at each meeting of such boards and Attachment 1 commissions , and , except as provided herein in subsection (d ), the affirmative vote of a simple majority OF THE M EMBERS PRESENT shall be required to adopt any motion or make o r ratify any decision of the boa r d or commission . Section 2. Code Sec. 2-53 {f) is hereby amended as follows : Upon appointment to a city board or commission , the member shall be provided a packet of materials prepared by the department which works with that board or commission , to enable the member to better carry out his function and duties. The materials shall include , without limitation , copies of the rules or bylaws of the board or commission . all relevant ordinances and/or charter provisio ns, and any ot her mater ia ls deemed re leva nt by staff or city council. Upon assuming his place as a member of a board or commission, each member shall take an oath , administered by the mayor OR HIS DESIGN EE at a regularly scheduled council meeting OR IN THE OFFICE OF THE CITY CLE RK . thereby swearing or affirming to uphold the Constitution of the United States and the state , and the charter and o rdinances of the city. Section 3. Severability, Conflicting Ordinances Repealed. If any section . subsectio n or clause of this Ordinance shall be deemed to be unconstitutio nal or otherwise invalid. the validity of the remaining sections, subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 4. Effective Date. This Ordinance shall take effect fifteen (15 ) days after final publication , as provided by Sect1on 5.11 of the Charter. INTRODUCED, READ , AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of May , 2012 , o rdered published in f ull in a newspaper of general circu lation in the City of Wheat Ridge , and Public Hea ring and consideration on final passage set for June 11. 2012 at 7:00 p .m ., in the Council Chambers , 7500 West 291h Avenue , Wheat Ridge , Colorado . READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this day of , 2012 . SIGNED by the Mayor o n this __ day of _____ , 2012 . Jerry DiTullio, Mayor ATIEST: Janelle Shaver, City Clerk First Publication: May 17 , 2012 Second Publication : Wheat Ridge Transcript Effective Date: Approved as to Form Gerald E. Dahl, City Attorney . ~. • • • City of p-W hcatRLdge ITEM NO: --.:1._ DATE: June 11 ,2012 REQ UE ST FOR C ITY C O UNC IL ACTION TITLE: COUNCIL BILL NO. 07-2012 AN ORDINANCE APPROVING THE REZONING OF PROPE RTY LOCAT ED AT 5060 WARD ROAD FROM PLANN ED INDUSTRIAL DEV ELOPMENT (PID) AND LIGHT IND USTRIAL (I) TO MIXED USE -COMMERC IAL TRANSIT ORIENTED DEVE LOPE NT (MU-C TOD) ZO NE DISTRICT (CASE NO. WZ-12-02/IBC HOLDINGS) 0 PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUT IONS [g) ORDINANCES FOR I sr READING (06111 /2012) 0 ORDINANCES FOR 2 N° READING(07 /09/2012) [g) YES .IS S UE : In September of 2010, Ci ty Council adopted new mixed use zone districts which are intended to create a streamlined development review process, a ll owing higher density, mixed use development and with a range of land uses. incl uding residential. The applicant requests approval of a zone change from Planned Industrial Development and Light Industrial to Mixed Use -Commercial TOO for property located at 5060 Ward Road . The zone change is the first step of the process for approval for redevelopment of this site with mixed use zoning. Pursuant to the Mixed Use Zone districts, sites over I 0 acres in size must complete a concept plan . The concept plan, which is app roved administratively, is a general plan for development that designates proposed ci rculation concepts, proposed building pads and preliminary land use concepts. A neighborhood meeting would be requi red prior to application C a~e No. W 7-11-02/IBC Ho ldmgs Council Action Form June II. 2012 Page 2 for the concept plan approval process. If approved and prior to construction of any new structures, a si te development plan will be required meeting the standards in the mixed use zone. PRIOR ACTION: Planning Commission reviewed this request and recommended approval at a public hearing held on May 3, 2012. A motion was made for approval for the following reasons: 1. The property is currently underutilized. 2. Construction of the Gold Line commuter rail station will dramatically change the development potential of this property. 3. The rezoning request is consistent with the Northwest Subarea Plan, the 1-70/Kipling Urban Ren ewal Plan and Envision Wheat Ridge. 4. The evaluation criteria support approval of this request. There were no recommended conditi ons of approval. FINANCIAL IMPACT: One-time fees for t11e z one change were submitted for the application in the amount of $2400. If the p roperty is redeveloped~ there could be an advancement of the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property is located at 5060 Ward Road. The parcels t11at comprise the subject property include those that are zoned Planned industrial Development (PlD) and are part of the J olly Rancher Inc. PID. The home of ilie former Jolly Rancher candy factory is approximately 10.4 acres in size and was in production until 2002. The only use permitted under the PlD is candy manufacturing with ancillary functions. Today, the property is largely vacant. A 21,000 square foot manufacturing warehouse remains in the middle of the property along with several smaller structures on fue eastern portion. included with iliis zone change request is another 4-acre parcel immediately to the north, which is currently vacant, zoned Light fndu strial (l). and has frontage on W. 52"d A venue. Surrounding the subject property are a variety of land uses. immediately to the east is a parcel zoned Light Lndustrial (I) that is currently an RV and boat storage lot. Further to the east is a residentially zoned Alpaca ranch and a residential neighborhood zoned R-2. To the north and south are industrially-zoned parcels, including the Wheat Ridge lndustrial Center PID. The subject property is adjacent to fue City boundary; north ofW. 52"d Avenue is ilie City of Arvada. and across Ward Road to the west and northwest is unincorporated Jefferson County. ln 2005, the applicant submitted a request for approval of a zone change from PrD and I to Planned Mixed Use District (PMUD). The request included a 17 parcel subdivision in addition to an ODP and FDP. The intent of t11e application was to allow the development of office/warehouse flex space in the first phase. The intent of s ubsequent phases of construction was not defined but would have allowed gen eral commercial and industrial uses and some Council Action Fonn June 11 ,20 12 Page 3 residential. The zone change application was den1ed by City Council on November 14, 2005 . One justification for denial is that the plan did not embrace the concept of transit-oriented development supportive of the future RTD Commuter rail station stop. G ujdin g documents The Neighborhood Revitalization Strategy (NRS) was adopted by the City as a policy docwnent in 2005. The NRS established goals for Wheat Ridge to be competitive \.vtth adjacent jurisdictions by upgrading housing stock, developing employment areas and targeting underutilized c01mnercial properties for redevelopment. One of the recommendations of the NRS was fo r the City to undertake subarea planning to focus on unique opportunities and challenges for redevelopment of certain areas. In 2006, the City adopted the Northwest Subarea Plan which was focused on a mixed use development in support of the Gold Line end of line stop, transitioning to ex1sting suburban development to the north and east. [t encourages a grid of north-south and east-west internal streets with pedestrian amenities. In August of 2009, a new urban renewal plan area was adopted by City Council. The urban renewal plan area includes properties along the 1-70 corridor extending north to the northern city limit line, including this parcel. Tlus property is designated "employment", adjacent to "employment!fOD mixed use" on the urban renewal concept plan. In 2009, a ballot initiative was approved by voters in a City election for removal of the charter height and density restrictions for most oftbe urban renewal areas in the City. Envision Wheat Ridge, the comprehensive plan, was adopted in October 2009, The property is shown as being a mixed-use employment center close to tbe Ciry's TOO site. The intent of the employmen t/commercial center is to build on existing industrial areas in the city with proximity to the TOD site. Desired uses in this area should include commerci.al and retail services and multi-family housing. The application has been through a standard City and outside agency referral process. Upgrades will be required at the expense of the developer upon future redevelopment of the property. The Planning Commission staff report and minutes will be attached at the time of second reading for additional background on this application. RECOMMEN D ED MO T rON: "I move to approve Council Bill No. 07-2 01 2, an ordinance approving the rezoning of property located at 5060 Ward Road from P lanned Industrial Development (PID) and Light Industrial (I) to Mixed Use-Commercial Transit Oriented Development (MU-C TOD) zone district on first reading, order it published , public hearing set for Monday, Council Action Fonn June II. 20 12 Page4 July 9, 2012 at 7:00 p.m. in City Council Chambers, an d that il take effect 15 days after fina l publication". Or, ''T move to deny Council Bill No . 07-2012 , an o rdi nance approv1ng the rezoning of propeny located at 5060 Ward Road from Planned lndustrial Development (P TD) and Light In d ustrial (I) to Mixed Use-Commercial Transit Oriented Development (MU -C TOO ) zone district for the following reason{s) " REPORT PREPARED BYj Meredi th Reckert. Senior Planner Kenneth Johnstone. Community Development Director ATTACHMENT S~ I . Cou nc il Bill No. 0 7-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER. ______ _ TITLE : COUNCIL BILL NO . 07 ORDINANCE NO.---- Series of 2012 AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 5060 WARD ROAD FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND LIGHT INDUSTRIAL (I) TO MIXED USE -COMMERCIAL TRANSIT ORIENTED DEVELOPMENT (MU·C TOO) ZONE DISTRICT (CASE NO . WZ-12-02/IBC) WHEREAS, t he City of W heat Ri dge is trying to encourage m ixed use zo ning and develop ment; an d WHEREAS, the zo ning and development code was recentl y modified to add four new mixed use zoning districts; and, WHEREAS , Brian Mott on behalf IBC Holdings has submitted a zone change application to Mixed Use-Commercial TOO for property located at 5060 Ward Road; and, WHEREAS, the City of Wheat Ridge P lanning Commission held a public hea r ing on May 3. 2012 and voted to recommend approval of a rezoning of the property to Mixed-Use Commercial TOO. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE , COLORADO THAT: Section 1. Upon application by Bri an Mo tt fo r IBC Ho ldi ngs, LL C, approva l of a zo ne cha nge ordina nce for property locat ed at 5060 Ward Road f rom Pl anned Ind ustr ia l Deve lopme nt (PID ) and Light Indust rial (I) to Mixed Use-Co mmercia l T ransit O rie nted Developme nt (M U-C T O O), and pursuant to the f indings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Counci l, the followi ng zone change is approved for the following described parcel. PARCEL A: The South 17 feet of the West 251 feet of Lot 13, Standley Heights, and the West 518 .12 feet of Lot 17, Standley Heights Except the South 25 feet thereof. Except any portion thereof falling within Ward Road , County of Jefferson , State of Colorado. PARCEL B : That portion of Lot 13 , Standley Heights. described as follows : Attachment 1 Beginning at a point on the South line of Lot 13. Standley Heights, from which the Southwest comer of said Lot 13 bears South 89 °11 .9' West a distance of 251 .02 feet , Thence North 89°11 .9' East along the South line of said Lot 13 , a distance of 257.10 feet to a point 537 .97 feet East of the West line of the Southeast quarter of Section 17, Township 3 South , Range 69 West of the 6th Principal Meridian : Thence North 0 °04 .2' West parallel w1th the West line of the Southeast quarter of said Section 17. a distance of 17.0 feet; Thence South 89 °11 .9' West a distance of 257 .10 feet; Thence South 0°004 .2' East a distance of 17.0 feet to the Point of Beginning , County of Jefferson, State of Colorado . PARCEL C : A tract of land located in Lot 17 , Standley Heights . a Subdivision recorded 1n the Official Records of Jefferson County, Colorado. described as follows : Beginning at the Southwest comer of said Lot 17 Thence North 0 °04.2' West along the West line of said Lot 17 a distance of 25 .00 feet to a point on the North line of West 50th Place as conveyed to Jefferson County by instruments recorded in Book 987 at Pages 407 and 409 of said Official Records; Thence North 88°59 .0' East along the North line of West 50th Place as recorded in said Book 987 at Pages 407 and 409 a distance of 750.12 feet to the True Point of Beginning ; Thence North 88°59 .0' East along the North line of west 50th Place as recorded In said Book 987 at Pages 407 and 409 a distance of 286.12 feet to the Northeast corner of West 50th Place as recorded in said Book 987 at Pages 407 and 409: Thence North 0°03 .6' West along the East line of said Lot 17 a distance of 215 .60 feet ; Thence South 88'59 .0' West parallel to the South line of said Lot 17 a distance of 232.87 feet ; Thence North 0'03 .6' West parallel to the East line of said Lot 17 a distance of 0 .80 feet ; Thence South 88°'59 .0' West parallel to the South line of said Lot 17 a distance of 43.00 feet ; Thence South 0°03.6' East parallel to the East line of said Lot 17 a distance of 0 .80 feet ; Thence South 88°'59 .0' West parallel to the South line of said Lot 17 a distance of 10.24 feet to a point, said point being North 0°03.6' West parallel to the East line of Lot 17 a distance of 215.60 feet from a point on the North hne of West 50th Place as recorded in said Book 987 at Pages 407 and 409 ; 2 Thence South 88°59.0' West parallel to the South line of said Lot 17 a distance of 60.46 feet; Thence South 0 °03.6' East parallel to the East line of said Lot 17 a distance of 21 .14 feet; Thence South 88 °59.0. West parallel to the South line of said Lot 17 a distance of 97.05 feet ; Thence North 0°03.6' West parallel to the East line of said Lot 17 a distance of 195.06 feet to a point on the North line of said Lot 17: Thence South 89°11 .9' West along the North line of sa1d Lot 17, a distance of 74 .50 feet to a point 518 .12 feet East of the West line of said Lot 17. said 518 .12 feet being a distance measured at right angles to the west line of said Lot 17 ; Thence South 00°04.2' East parallel to the West line of said Lot 17 a distance of 389 .80 feet to a point on the North line of West 50th Place as recorded in said Book 987 at Pages 407 and 409; Thence North 88°59 .0' East along the North line of West 50th Place as recorded in said Book 987 at Pages 407 and 409 a distance of 231 .93 to the True Point of Beginning. PARCEL D: A parcel of land situated in the West One-Half of Lot 13, Standley Heights, being located in the Southeast One-Quarter of Section 17, Township 3 South , Range 69 West of the 6th P.M., being more particularly described as follows: Commencing at the center of said Section 17 I Thence South 00°18'19" East along the West line of said Southeast one-quarter of Section 17 I the basis of bearing . a distance of 30.00 feet; Thence North 89°11 '27" East and parallel to the North line of the Southeast one- quarter of said Section 17 a distance of 30 .00 feet to the Northwest corner of said Lot 13; Thence continuing North 89°11 '27" East and along the North line of said Lot 13 a distance of 518.12 feet to the Northeast corner of the West one-half of said Lot 13 and the Point of Beginning; Thence South 89°11 127" West along the North line of said Lot 13 a distance of 348.12 feet to a point 170.00 feet East of the Northwest corner of said Lot 13; Thence South 00°18119" East parallel to the West line of said Lot 13 to a point 150.00 feet South of the North line of said Lot 13; Thence South 89°11 1 27" West parallel to the North line of said Lot 13 a distance of 170.00 feet to a point on the went line of said Lot 13 and 150.00 feet South of the Northwest corner of said Lot 13; Thence South 00°18'19' East along the West line of said Lot 13 a distance of 250.02 feet to the Northwest 3 comer of a parcel described in Book 1862 at Page 375 of the Clerk and Recorder's Office of Jefferson County, said corner being 17.00 feet North of the Southwest corner of said Lot 13; Thence North 89 °11'47' East along the North line of said parcel described rn Book 1862 at Page 375 and parallel with the South line of said Lot 13 a distance of 250 .00 feet to the Northeast corner of said parcel described in Book 1862 at Page 375 ; Thence North 89°11 '47' East parallel with the South line of said Lot 13 a distance of 0.02 feet to the Northwest corner of a parcel described at Reception No . 82047968: Thence North 89°11'47" East along the North line of said parcel described at Reception Number 8204 7968 a distance of 256.95 feet to a point 17.00 feet North of the South line of said Lot 13, Thence South 00°18'19' East parallel to the West line of said Lot 13 a distance of 17 0 feet to the South line of said Lot 13 and the Southeast corner of said parcel described at Reception Number 82047968 sard corner being 537 .97 feet East of the West lrne of the Southeast ore-quarter; Thence North 89 °11 '47" East along the South line of said Lot 13 a distance of 10.16 feet to the Southwest corner of the West One-half of Lot 13: Thence North 00 °18'24" West along the East line of the West one-half of Lot 13 a distance of 417 .07 feet to the Point of Beginning . County of Jefferson, State of Colorado. PARCEL E: Beginning at the Southwest comer of Lot 17, Standley Heights , Thence North 0°04.2' West along the West line of said Lot 17 a distance of 25 .00 feet to a point on the North line of West 50th Place as conveyed to Jefferson County by instruments recorded in Book 987 at Pages 407 and 409 of said official records , Thence North 88°59 .0' East along the North line of West 50th Place as recorded in Book 987 at Pages 407 and 409 a distance of 750 .12 feet; Thence North 0°03.6' West parallel to the East line of said Lot 17 a distance of 215.60 feet to the True Point of Beginning; Thence South 88 °59 .0' West parallel to the South line of said Lot 17 a distance of 60 .46 feet; Thence South 0°03.6' East parallel to the East line of said Lot 17 a distance of 21 .14 feet ; Thence South 88°59 .0' West parallel to the South line of said Lot 17 a distance of 97.05 feet; Thence North 0°03 .6' West parallel to the East line of said Lot 17 a distance of 195.06 feet to a point on the North line of said Lot 17 ; 4 Thence North 89°11 .9' East along the North line of said Lot 17 a distance of 443.59 feet to the Northeast comer of satd Lot 17; Thence South 0°03.6' East along the East line of said Lot 17 a distance of 5.27 feet to a non-tangent point on a curve , said point being a point of curvature; Thence Southeasterly along a curve to the right. whose central angle is 6r00.3', whose radius is 270 . 54 feet , and whose chord bears South 5r01 9' East a distance of 298.66 feet to a point 240.60 feet North of the extended South line of said Lot 17 ; Thence South 88 °59 .0' West parallel to the South line of said Lot 17 a distance of 200.44 feet to a point 50.00 feet East of the Seat line of said Lot 17; Thence South 0 °03.6' East parallel to the East line of said Lot 17 a distance of 215 .60 feet to a point on the extended North line of West 50th Place as recorded in said Book 987 at Pages 407 and 409 ; Thence South 88 °59 .0' West along the extended North line of West 59th Place as recorded in Book 987 at Pages 407 and 409 a distance of 50.00 feet to the Northeast comer of West 50th Place as recorded in Book 987 at Pages 407 and 409; Thence North 0 °03.6' West along the East line of said Lot 17 a distance of 215.60 feet; Thence South 88 °59 .0' West parallel to the South line of said Lot 17 a distance of 232.87 feet; Thence North 0 °03 6' West parallel to the East line of said Lot 17 a distance of 0 .80 feet: Thence South 88 °59 .0' West parallel to the South line of said Lot 17 a distance of 43.00 feet; Thence South 0 °03.6' East parallel to the East line of satd Lot 17 a distance of 0 .80 feet; Thence South 88 °59 .0' West parallel to the South line of said Lot 17 a distance of 10.24 feet to the True Point of Beginning . County of Jefferson , State of Colorado . Section 2. Vested Property Riahts . 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 . Section 3. Safety Clause. The City of Wheat Ridge hereby finds , determines, and declares that this o rdinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the hea lth, 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for 5 any reason be adjusted by a court of competent jurisdiction invalid , such j ud gment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision , requirements or standard established by this Ordinance is found to conflict with similar provisions . requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge , whic h are in existence as of the date of adoption of this O rdinance, the provisions, requirements and standa rd s here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED , READ , AND ADOPTED on first reading by a vote of to ___ on this 11th day of June , 2012, ordered published i n full in a newspaper of gen eral circu lation in the Ci ty of Wheat Ridge and Public Hearing and consideration on final passage set for July 9 , 2012 , at 7:00 o 'clock p.m .. in the Council Chambers, 7500 West 29th Avenue , Wheat R idge, Colorado . READ , ADOPTED AND ORDERED PUBLISHED on second and final read i ng b y a vote of to , this 9th day of July, 2012 . SIGNED by the Mayor on this ___ day of ________ , 2012. ATIEST: Janelle Shaver. City Clerk 1 s t publication : 2nd publication: Wheat R idge Transcript Effective Date: Jerry DiTull io , Mayor Approved as to form by City Attorney Gerald Dahl , City Attorney 6 .. " ~ -.. l.tly or ;?WheatRi_dge ITEM NO: __:h_ DATE: June I I , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2012 AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4695 WADSWORTH BLVD. FROM RESIDENTIAL-TWO (R-2) TO MIXED USE -NEIGHBORHOOD (MU-N) ZONE DISTRICT (CASE NO. WZ-12-03/PATRJCK NICHOLS & ASSOCIATES) 0 PUBLI C HEARING D BID S/MOTIONS 0 RESOLUTIONS ISSUE: ~ ORDINANCES FO R lsT R EAD ING (06 /1112012) 0 ORDINANCES FOR 2N° READING(0?/09120 12) D NO '~ r C ity Manager In September of 20 I 0, C ity Council adopted new mixed use zone districts which are intended to create a stream lin ed development review process. allowing higher density, mixed use development and with a range of land uses, including residential. The applican t requests approval of a zone c hange from Residential -Two (R-2) t o Mixed Use- Neighborhood (MU-N) for property located at 4695 Wadsworth Blvd . The zone chan ge is the first step of t he process for a pproval of reuse of thi s site with mixed use zoning. If approved and prior to construction of any new structures. a s ite development will be required meeting the standards in the mixed use zone. PRJOR ACTION: Planning Commission reviewed thi s request and recommended approval at a pubJic heanng held on May 17, 2012. A moti on was made for approva l for the following reasons: Cw:e No. WZ-11-03 Patnck Ntchols Council Action Fom1 June II, 2011 Pagc2 I . The property is not desirable for low density residential use due to adJacency of Wadsworth Blvd . 2. The proposed zone change and reuse of the existmg structure will provide a land usc transition between Wadsworth and the neighborhood to the west. 3. The evaluation criteria support approval of this request. 4. The property is currently underutilized. There were no recommended conditions of approvaJ. Five comment letters were submitted regarding this request. They will be included in the packet for City Council second reading. FINANCIAL IMPACT: One-time fees for the zone change were submitted for the application in the amount of$600. If the property is redeveloped. there could be an advancement of the City's goals tor economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property is located at the southwest comer ofW. 47lh Avenue and Wadsworth Boulevard and is zoned Residential-Two (R-2) which allows primarily one and two-family dweJJings based on lot s1zc and width. The subject parcel is 12.482 square feet (0.29 acres). The property has on it a rwo-story residence originally built in 1947. Access to the lot previously came from Wadsworth, but this access is inaccessible by a s plit rail fence installed in 2005. An unimproved driveway serves the property from W. 471h Avenue. The remainder of the lot consists of turf with a few mature trees on the western and southern s 1des of the lot. The existing home is in a state of disrepair and has a history of noncompliance in relation to building codes, nuisance codes, and permit requirements. The applicants currently own and operate the business Modmood and Retro Consignment located at 7700 W. 44lh Avenue 10 Wheat Ridge. They specialize in mid-century modem design furnishings and decor. Among the services they offer is a design center for commercial and residentia l customers. The applicants are seeking to expand the design center and showroom components of the business into the subject structure and property. The architecture of the existing home is mid-century modem, which complements the Modmood aesthetic. The applicants intend to preserve the home's historic and architectural value. Wadsworth Boulevard is a major, regional commercial corridor that can carry an estimated 50.000 cars per day. The surrounding properties include a variety of land uses and zoning designations that reflect the residential roots and commercial transitions within the area To the north and west are properties zoned R-2 that primarily include s ingle family dwellings. Immediately to the south is a parcel zoned Residential-Three (R-3) that includes a single family Council Action Fom1 J unc I I. 20 11 Page 3 dwelling. Further to the south are parcels zoned Restricted Commercial (RC) and Neighborhood Commercial (NC) with uses being the Arapahoe House and an office building. Across Wadsworth to the west are residential and commercial properties zoned R-2 and RC . It is questionable whether this property is desirable for residential use given the noise and traffic impacts generated by Wadsworth. The proposed MU-N zoning will provide a land use transition bet\:veen Wadsworth and the low densily residential ne1ghborhood to the west. Guiding documents The Neighborhood Revitalization Strategy was adopted by the City as a policy document in 2005. This document identified strategies for the city to become a "community of choice''. 1t established goals for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock. targeting underutilized commercial properties for redevelopment, redevelopment of the Wadsworth Corridor and adoption of s ubarea plans. The Wadsworth Corridor Subarea Plan was adopted as an addendum to the Comprehensive Plan in 2007. It is intended to be used as both a s hort-tenn and long-tenn planning document by providing guidance for the future development and redevelopment of properties along Wadsworth. TI1e property is shown as Commercial on the Recommended Land Uses Map in the subarea plan. Envision Wheat Ridge, the comprehensive plan , was adopted in October 2009, The property 1s shown as being a Neighborhood Buffer on the edge of Commercial Corrido r. The intent of the Neighborhood Buffer designation is for buffering and trans ition between low intensity residential areas and higher intensity commercial corridors such as Wadsworth. The application has been through a standard City and outside agency referraJ process. Upgrades wiU be required at the expense of the developer upon future redevelopment of the property. The Planning Commission staff report and minutes will be attached at the time of second reading for additional background on this application. RECOMMENDED MOTlON: ''1 move to approve Council Bill No. 08-2012, an ordinance approv ing the rezoning of property located at 4695 Wadsworth Blvd . from Residential-Two (R-2) to Mixed Use - Neighborhood (MU-N) zone district on first reading, order it published, public hearing set for Monday, July 9, 2012 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication ." Or, ··1 move to deny Council Bill No. 08-2012, an ordinance approving the rezomng of propeny located al4695 Wadsworth Bl vd. from Residential-Two (R-2) to Mixed Use - (\lUfl~tl ·\ct inn Fn m1 June I I. 2012 P.tg.c 4 '\ctghborhood (~L-'\) Lone district for the following rcason(s): REPORT PREPARED BY; Mcrcd tth Rcckc n , Scmor Planner Kenneth Johnstone. Community De\elopment Dtrcctor ATTAC II MENTS: I . Cou nci l B i ll No 08-20 12 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER. ______ _ COUNCIL BILL NO . 08 ORDINANCE NO .---- Series of 2012 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4695 WADSWORTH BLVD. FROM RESIDENTIAL· TWO {R-2) TO MIXED USE - NEIGHBORHOOD (MU·N) ZONE DISTRICT (CASE NO. WZ· 12-03/PATRICK NICHOLS & ASSOCIATES) WHEREAS, the City of Wheat Ridge is trying to encourage mixed use zoning and development; and WHEREAS, the zoning and development code was modified to add four new m ixed use zoning d istricts; and , WHEREAS, Patrick Gooch on behalf of Patrick Nichols & Associates has submitted a zone change application to Mixed Use-Neighborhood for property located at 4695 Wadsworth Blvd .; and . WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on May 17. 2012 and voted to recommend approval of a rezoning of the property to Mixed-Use Neighborhood . NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE , COLORADO THAT: Section 1. Upon application by Patrick Gooch for Patrick N ichols & Associates , approval of a zone change ordinance for property located at 4695 Wadsworth Blvd . from Residential-Two (R-2) to Mixed Use -Neighborhood (MU- N), and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, the following zone change is approved for the following described parcel : LOT 29 , HILLCREST HEIGHTS SUBDIVISION , CITY OF WHEAT RIDGE , COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Prooertv Riohts . 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 . Section 3. Safetv 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 Attachment 1 City Council further determines that the ordinance bears a rational relation to the proper leg islative object sought to be attained . Section 4. Severability. If any clause, sentence, paragraph , or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisd i ction inval id , such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision , requirements or standard estab lished by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge , which are in existence as of the date of ado ption of this Ordinance. the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication . INTRODUCED, READ , AND ADOPTED o n first reading by a vote of to ___ on this 11th day of June , 2012 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for July 9 . 2012 . at 7 :00 o 'clock p .m ., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge . Colorado. READ , ADOPTE D AND ORDERED PUBLISHED on second and final reading by a vote of to , th is g th day of July, 2012 . SIGNED by the Mayor on this ___ day of ________ , 2012 . ATTEST: Janelle Shaver, City Clerk 1st publication : 2nd publication: Wheat Ridge T ranscript Effective Date: Jeny DiTullio , Mayor Approved as to form by City Attorney Gerald Dahl , City Attorney 2 l I • .'. ~ Cilyof • jV'WheatRi_dge 1TEMN0:_5_ DATE: June 11,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2012 AN ORDINANCE AMENDING V ARlO US SECTIONS OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ZONING, TO REGULATE GROUP HOMES FOR THE HANDICAPPED AND TO BRING UNIFORMITY TO CERTAIN RESIDENTIAL GROUP HOME ZONING REQUIREMENTS AND SUBSTANCE ABUSE CLINIC ZONING REQUIREMENTS D PUBLIC HEARING D BIDS/MOTIONS D R ESOLUT IONS ~ ORDINANCES FOR 1 sr READING (0611112012) 0 ORDINANCES FOR 2N° READING (06/25/20 12) D YES ISSUE : The City's current zoning regulations. as set forth in C hapter 26 of th e Wheat Rid ge Code of Laws (''Code"). treat groups of any number of unrelated handi capped indi viduals living together as a "famil y." Group homes o f a ny size for such individuals ma y therefore locate in th e same zone districts in which a singl e-fam il y dwelling is a pennitted use without a formal review or application process. City staff believes the location o f larger group homes, of any type, in residentia l districts wi thout a review pro cess co uld result in land use impacts lhat are incompatible with the surroundi ng properties. The C ity Attomey's Office has advised it is permi ssible, but not required. under state and federa l la w, to reguJate the zoning of group homes for the handicapped, including imposing a numeric limitation on the size of such homes. Staff th erefore recommended U1 e preparation of t hi s ordinance lo create zoning regulations for re sidentia l group homes tor the hand icapped and to make all residential group home zonin g r egu lation s generally consistent. Council Action Form June II, 2012 Page2 PRIOR ACTION: City Council approved an ordinance placing a moratorium on the processing of all applications, peru1its and licenses for group homes in the City of Wheat Ridge on Apri l 16, 2012. TI1e moratorium expires on July 16. 2012. City CounciJ was further briefed on the zoning issues related to group homes at a study session on J une 4, 2012. FIN ANC IA L fMPACT: Add itional City staff time may be spent on the processing of group home applications required as a result of the ordinance, but it is doubtful that work load would significantly increase. BACK G RO UND: The City last updated its ordinances pertaining to group homes in 1996. Fo ll owing is a summary of the existing regulations as adopted at that time. • Residential group homes for up to 8 elderly persons were allowed in all residential districts as a pem1itted use. Residential group homes for 9 or more elderly were allowed in all residential districts as a special use. • Residential group homes for children were established as a special use in all residential districts, with a minimum lot area of I ,500 square feet per child in residence. • Residential group homes tor any number of residents who would be defined as a handicapped person in the Fair Housing Amendments Act were considered to be a "family" and therefore allowed as a permitted use in all residential districts, with no restriction on the number of residents. Given that 16 years has passed si nce the adoption of these re&.rulations, staff felt it was appropriate to consider modifications to the ordinance, including whether a limit should be placed on lhe number of handicapped persons that can reside in a group home as a pem1itted use in al1 residential districts. This ordinance is designed to regulate all types of group homes in a similar manner. based on the associated land use impacts. It also cleans up certain inconsistencies in the zoning regulations by: I) Adding a new definition of "Residential group home tor the handicapped" to include persons who are "handicapped." as defined by state or federa l law, and their caretakers. 2) Creating a regulatory scheme under which all residential group homes are regulated in the same manner. The use charts are updated to treat all residential group homes the same. 3) Amending lhe land use charts to distinguish between residential group homes of eight (8) or fewer persons, plus required staff, and homes of nine (9) or more persons, plus required staff. with the larger group homes requiring special or conditional use approval. 4) Amending the definition of "Family" to eliminate its current inclusion of handicapped group living situations and to eliminate what was likely an unintended exclusion of four (4) persons over the age of sixty (60) living together. The current ''family" definitjon Council Action Form June II, 2012 Page3 includes groups of three (3) and five (5) unrelated persons over the age of sixty (60) living together. but not four ( 4). 5) Deleting the restriction on the number of live-in caretakers in residential group homes for the elderly. Staff believes the econom ics of operating a group home will naturally dictate a sma ll nwnber oflive-in caretakers. 6) Eliminating the cuJTent distinction between substance abuse clinics for the treatment of drug abuse and clinics for the treatment of alcohol abuse; eliminating the cuJTent distinction between outpatient and residential subslance abuse clinics: and eliminating the requirement tbal such clinics dispense medication or other contro ll ed substances as a part oftheir treatment programs. 7) Amending the Commercial and lndustriaJ land use chart to eliminate confusing cross- references concerning clinics for counseling generally and substance abuse clinics. 8) Imposing the same off-street parking requirements on all residential group homes. RECOMMENDATIO NS: Statfrecommends approval of the ordinance. RECOMMENDED MOTION: ''I move to postpone indefinitely Council Bill No. 09-2012, an ordinance amending various sections of Chapter 26 of the Wheat Ridge Code of Laws, concernin g zoning, to regulate group homes for the handicapped and Lo bring uniformity to certain residential group home zoning requirements and s ubstance abuse clinic zoning requirements, on first reading. order it publ1shed, public hearing set for Monday, June 25, 2012 at 7 p.m. in the City Hall Council Chambers, and that it lakes effect 15 days after final publication ." Or, ·'I move to approve Council Bill No. 09-20 12, an ordinance amending various sections of Chapter 26 of the Wheat Ridge Code of Laws, conceming zoning. to regulate group homes for the handicapped and to bring uniformity to certain residential &rroup home zoning requirements and substance abuse clinic zoning requirements for the following reason(s) ______ _ REPORT PREPARED/REVIEWED BY: Kenneth John stone, Community Deve lopment Director Carmen Beery. City Attomey's Office ATTACHMENTS : 1. Council Bill No. 09-20 12 CITY OF WHEAT RIDGE , COLORADO INTRODUCED BY COUNCIL MEMBER ------ COUNCIL BILL NO . 09 ORDINANCE NO . ___ _ Series of 2012 TITLE : AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ZONING , TO REGULATE GROUP HOMES FOR THE HANDICAPPED AND TO BRING UNIFORM ITY TO CER T AIN RESIDENTIAL GROUP HOME ZONING REQUIREMENTS AND SUBSTANCE ABUSE CLINIC ZONING REQUIREMENTS WHEREAS , the City of Wheat Ridge , Colorado (t he "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution ; and WHEREAS , pursuant to its home rule au thorit y a nd Article 23 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Counci l (the "Council "), previously adopted planning and zoning regulations, cod ified as Chapt er 26 of the Wheat Ridge Code of Laws (the "Code''); a nd WHEREAS , said Chapter 26 currentl y regulates the zo n ing of group homes of various types but i t fails to regulate group homes for handicapped persons: and WHEREAS , the Wheat Ridge City Counc il ("Council'') finds that it is permissible under current case law to impose neutral nondiscriminatory zoning regulations upon group homes for the handicapped ; and WHEREAS , the Counci l further finds that it i s desirable from a land use regulatory perspective and equitable to reg u late all types of group homes in a similar fashion ; and WHEREAS , the Council further finds that it is desirable from a land use regulatory perspective and equitable to regulate all types of substance abuse clinics in a similar fashion ; and WHEREAS , the Council therefore desires to amend certain provisions of Chapter 26 of the Code to regulate group homes for the handicapped in the same manner as other group homes , as permitted by law, to regulate subs tance abuse clin ics for dr ug abuse and clinics for alcohol abuse in the same manner, and to e l iminate certain oth er disti nctions between group homes that no longer have a mean ingfu l land use planning purpose. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE , COLORADO: Attachment 1 Se cti on 1. Section 26-123 of the Wheat Ridge Code of Laws , defining certatn terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the definition of "Family" set forth therein as follows : Family. One (1) or more persons re lated by blood , marriage, adoption , or legal custody plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living together as a single housekeeping unit. Four or _J;five unrelated (5) people over the age of sixty (60) years sharing one (1) housekeeping unit shall also be deemed to be a family. Notwithstanding the foregoing, a family shall be deemed to include four (4) or more persons that are not related by blood , marriage, adoption, or legal custody occupying a residential dwelling unit and living as a single housekeeping unit if the oooupants are handioapped persons as defines in title VIII ofthe Civ-il Rights Act of 1968 , as amended by the Fair Housing Amendments Act of 1988 , or disabled persons as defined by § 24 J4 J01 , C .RS . A family shall not include more than one ( 1 ) person required to register as a sex offender pursuant to § 18-3-412.5 , C .R.S ., as amended , unless related by blood , marriage or adoption. A household that includes four (4) or more persons identified above shall not be excluded from tho definition of "family" by the residence in the househol8 of additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons. Section 2. Section 26-123 of the Wheat Ridge Code of Laws , defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the definition of "Residential group homes" set forth therein as follows : Residential group homes. (a) Group home for children : A facility licensed by the Jefferson County or State Department of Human Services as a residential chi ld care facility or specialized group facility , as defined by and pursuant to Article 6 of Title 26, Colorado Revised Statutes, as existing or hereafter amended . The age of a child placed in a group home for children may not exceed eighteen (18) years or, in the case of a child placed in a group home by court order prior to his or her eighteenth birthday, twenty-one (21) years. Group homes for children do not include facilities for the placement of child ren operated directly by the division of youth corrections of the Colorado Department of Human Services, the mental health division of the Colorado Department of Human Services, or the alcohol and drug abuse division of the Colorado Department of Public Health and Environment. even if licensed by Jefferson County Department of Human Services. See section 26-612. A group home for children shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S ., as amended. 2 (b) Group home for elderly persons: A residential facility for the exclusive use of persons sixty (60) years of age or older who do not need skilled and intermediate care, plus no more than t:wo (2) live-in staff persons employed in the care and supervision of such elderly persons . (c) Congregate care home : A residential facility established for the exclusive use of more than eight (8) elderly persons, sixty (60) years or older, where intermediate nursing care may or may not be available, and where living and sleeping quarters are provided for individuals or couples ; where , however. kitchen facilities are not provided . Meals are prepared by a central kitchen and may be served in a central dining room or taken in the living quarters. For the purpose of meeting the residential density provisions of the Wheat Ridge Home Rule Charter, each three (3) persons . based upon maximum designed occupancy load , shall constitute one ( 1) family unit. (d) Nursing home: A state-licensed health care facility which provides essential care on a twenty-four (24) hour basis by medical professionals to provide short-term convalescent or rehabilitative care or long-term care to individuals who , by reason of advanced age , chronic illness or infirmity, are unable to care for themselves . For purposes of t:his chapter, a "residential group home" shall not include a household of four (4) or more persons occupying a resisential swelling unit and living as a single housekeeping unit if the occupants are handicappes persons as sefined in title VIII of the Ci•Jil Rights Act of 1068 , as amended by tho Fair Housing Amendments Act of 1088, or disables persons as defined by§ 24 34 301 , C.RS., and such additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons . A group home for handicapped or sisables persons shall not include more than one (1) person requires to register as a sox offender pursuantto § 18 3 412 .5 , C.RS., as amensed . (e) Group home for the handicapped: A residential facility for the exclusive use of persons who are handicapped as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by § 24-34-301, C.R.S ,. and such additional necessary persons employed in the care and supervision of such handicapped or disabled persons. A group home for the handicapped shall not include more than one (1) person required to register as a sex offender pursuant to§ 18-3-412.5, C.R.S .. as amended. Section 3. The definition of "substance abuse clinic" set forth in Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows : 3 Uses Substance abuse clinic. A clinic, office or other facility which exclusively provides outpatient or reside ntia l t reatment for substance abuse ot-Aef than a lcoholism , involving, in whole or in pa rt , tho dispensation of medi cation or other controlled substances as part of addiction therapy or management, excluding clinics operated in associatio n with a medical practice for other purposes . Section 4. T he "T able of Uses-Residential " set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Notes R-1 R -1A R-18 R-1C R-2 R-2A R-3 R- 3A Residential group See § s s s s s s s s homo fer children ~e e~~ Residential group See § p p p p p p p p homes , n ursing homes, 26-612 and congFegate care facilities for 8 or fewer e lderly persons. QIUS ~ Residential group See § s s s s s s s s homes, nursing homes, 26-612 OF congregate caFe facility for 9 or more elderly persons, QIUS staff Section 5 . The "Table of Uses-Agricultural and P ublic Facilities" se t forth in Section 26-204 of the Wheat Ridge Code of Laws , concerning uses in agricultural and public facility zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Uses Notes A-1 A-2 PF Residential group homes for 8 or See § 26-p p fewer ~~,.~~.~· persons olus staff 612 Residential group OF nursing See § 26-s homes, or congregate care facilities 612 fo r 9 or mo re elderly perso n s~ staff Residential group homes for See § ~e s CAi l dFeR 9+2 Section 6 . The "Table of Uses-Commercial and Industr ial Districts" set forth in Section 26-204 of the Wheat Ridge Code of L aws, concerning uses in commercial and industrial zone districts, is hereby amended by amending the row concerning counseling and treatment clinics as fo llows: 4 Uses Notes NC RC C-1 C-2 I Clinics and offices G ~. G2 & I lfl.JGbtdQ~: for the counseling Resi9eAtial faeilities . s p p p p and treatment of psychological , fl.JG & RG ~XGbtdD~S : social , marital , ResieeAtial faeilities developmental or similar conditions, Abb eistriets INGbtdD~: O*GI~9iA§ s~estaAee Ge~AseliA§ 8A9 treatmeAt aS~SO eliAiGS fer aleeRelism Section 7. The "Table of Uses-Commercial and Industrial Districts" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Uses Notes NC RC C-1 C-2 I Residential group aRe A~FSiA§ homes 3AS eeAgregate eare p p p p. .p. faeilities for 8 or fewer eleerly persons olus staff Residential group aRe A~FSiAg s s s homes aRe eeAgregate saFe faeilities for 9 or more eleerly persons olus staff Residential group home for children s s s Section 8. Section 26-501 of the Wheat Ridge Code of Laws , concerning off-street parking and loading standards, is hereby amended by deleting the following rows from "Table 6: Schedule of Required Off-Street Parking" thereunder: TABLE 6: Schedule of Required Off-Street Parking Use Requirement GoAgFegate earo soRter Q.79 Sf38Ge f3er eaeR see room f3I!:AS ~ Sf3aeo fer oacR employee eA ma*im~m sRfft ~leerly greuf3 Rome Q.§ Sf33GO for oaeR eleorly eeeupaAt, pl~s tAo staA9ar9 resieoAtial dwelliAg roEtuiremeAt Section 9. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street parking and loading standards , is hereby amended by amending the parking standards for residential group homes under 'Table 6 : Schedule of Required Off- Street Parking" as follows: 5 TABLE 6: Schedule of Required Off-St reet Parking Use Requirement Residential group homes for youths 18 ~ SJ3ases 13er home 1Nith street 13arki A§ oF years aAd youA§OF 4 Sj38GOS j30F ROffiO witRol:lt stFeet j38 FkiA§ J:)II:IS 1 sj3ase j39F easR ei§Rt 9eGs Staodacd residential dwe!liog [eguiremen t ~Ius 1 S(;!aQe Qe r em~IQ~ee QO maximum shift Section 10. T he "Permitted Uses" Chart set forth in Section 26-1 11 1 of the Wheat R idge Code of Laws, concerni ng pe rmitted uses in mixed use zone districts , is hereby amended by amending the existing row conce rn ing res idential group homes and inserting a new row concerning residential group h omes as follows : Permitted Uses Use Group MU-C M U-C Inter state MU-C T O O M U-N Residential group home.s.J.Qr p p p p 8 Qr fewer Qe[SQOS, QI U§ staff Besidential grQUQ hQmes fQr .c .c c .c 9 Q( mQre Qe rsons, QI US st aff Section 11 . Safety Clause . The City Council hereby finds, determines, and declares that this O rdinance is promulgated under the general police power of the City of Wheat R idge, that it is promulgated for the health, safety, and welfare of the public and that t h is Ordinance is necessary for the p reservation of health and safety and fo r the protection of public convenien ce and welfa re . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attai ned. Section 12. Severability; Conflicting Ordinances Repealed. If any section , subsection o r clause of this O rdinance s h all be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections, subsect ions and clauses shall not be affected thereby. All othe r ordinances or pa rt s of o rdinances in conflict with the provisions of this O rdinance are h ereby repealed. Sect ion 13. Effective Date . T his Ordinance shall take effect f iftee n (15) days after f inal publication, as provi d ed by Section 5.11 of the Charter. 6 INTRODUCED , READ, AND ADOPTED on first reading by a vote of to ___ on this 11 1h day of June, 2012 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 25 , 2012 , at 7:00 o'cloc k p .m., in the Council Chambers, 75 00 West 29th Avenue, Wheat Ridge , Colorado. READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 25 th day of June , 2012 . SIGNED by the Mayor on this ____ day of _________ , 2012. ATTEST: Janelle Shaver. City Clerk First Publication: Second Publication : Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E . Dahl , City Attorney 7 " •• I • Crty of ?Wheat_R_i_dge ITEM NO: (p I DATE: June II, 2012 TITLE: MOTION TO APPOINT CHRISTINA REA TO THE ANIMAL WELFARE AND CONTROL COMMISSION-DISTRJCT Ill 0 PUBLIC HEARING [8J BIDS /MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: otY Clerk ISSUE: 0 ORDINANCES FOR I ST READING 0 ORDINANCES FOR zND READING 0 YES _Q NO Cicy ~ There currently is a vacancy on the Animal Welfare and Control Commission in District ru. Christina Rea is a resident of District lll and has submitted an application requesting appointment to the Animal Welfare and Control Commission. Council Members Stites and Pond have requested that Christina Rea be appointed to fill the vacancy, term ending 3/2/14. FINANCIAL IMPACT : None BACKGROUND: There is a vacancy on this Commission in District lll. The City Clerk's Office received an application from Christina Rea, 3631 Miller Court, seeking to fill this position. RECOMMENDATIONS: Council Members Stites and Pond are recommending that Christina Rea be appointed to the Animal Welfare and Control Commission representing District Ill. RECOMMENDED MOTION: "I move to appoint Christina Rea to the Animal Welfare and Control Commission representing Distri ct ill, term to expire March 2. 2014" Or Council A~uon Form June 11. 2012 Page 2 "l move to deny the appointment of Christina Rea to th e Animal Welfare and Control Commisston for the following reason(s) ________ _ REPORT PREPARED BY: Bruce Roome, Deputy City C lerk ATTACHMENTS: l. Appl ication Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE . A...:J\ Mrn-L0E.\-f='N2..~ q. Q.Ot\.)\~L-CoM tv\\5Stv f\J (BOARD/COMMISSION /C OMM IITEE) DATE :, __ ~+-M-4'-.:..1'~~--"2.... DISTRICT ________ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE. \ ~ ~ ARE YOU A REGISTERED VOTER? \..( ES ~ t>~ "('('\~ ~ f'v\e€"t'"\ ~& s. l ~ HAVE YOU EVER SERVED. OR ARE YOU CURRENTLY ON A A,...'Ot> f'r .Per C>u.)A..)~ BOARD/COMMISSION/COMMITTEE AND IF SO. WHICH ONE? HOW LONG? f\.)6- :r~ w' L.L U m'r p,a.;;,' 3"\ t'nt:. ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR AITENOANCE OR DUTIES?_.....;N;..._o _____________ _ SIGNATURE ~~ \} • ~ PLEASE PRINT OR TYPE NAME: c"tt(L\~\\ NP.. :Rte c ADDRESS· 3\e?":>) (Y\\ LL~(L (_-r. \ t)l~ffl -:R,()bE" 1Pc>~ ;) HOME PHONE: ____ ":\_;)=--=D=--· ...;;;0;;.._\"::\_· ~.;._A_R_Y ______ _ BUSINESS PHONE: __ ~3.L:.D-~'-'-~....!IlJ::;..Pt-..::.8.:;._· ~0:;....<1_4.;._.._1 ------ E-MAIL ADDRESS ~-\~b::..\.J '(\U-{ 1. ~:?>De 'JO.hct;,. (j)/Y') APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR Attachment 1 • '4 .... • City of JP'Wheat R!:__dge ITEM NO:~ DATE: J une 11, 2012 TITLE: RESOLUTION NO. 28-2012 - A RESOLUTION AMENDING THE FISCAL YEAR 2012 G E NERAL FUND BUDG ET TO REFLE CT THE APPROVAL OF A SUPPLEMENT AL BUDGET APPROPRIATION FOR THE 38TR AVENUE PEDE STRIAN/BICYCLE COUNT GRANT IN THE AMOUNT OF $2 ,000 D PUB LIC HEARING D BID S/MOTIONS 1:8] RESOLUTIONS QUASI-JU DICIAL: ' D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2N° READING D YES r The Community Development Department received a grant from Jefferson County Pu blic Heal th to assist in the co llection of data on 381h A venue. Specificall y, the grant money will help fund pedestrian and bicycle co unts o n the corrid or this fall. This grant award was not budgeted in the 2012 Budget. PRIOR ACTION: The City, with the help of volunteers, conducted pedestrian and bicycle counts on 38lh A venue prior to the lane reconfiguration. The money from Jefferson County will enable the City to do follow-up counts with video camera assistance as a way to begin assessment of the project. FINAN ClAL IMPACT: The grant money, in the amount of $2,000, may only be used to coun t pedestrians and bicyclists on 38 1h A venue. BAC KGROUN D: Tbe roadway changes to 38Lh A venue will be monitored over the coming 18-24 months . One of the metrics tha t will be evaluated is the num ber of pedestrians and bicyclists using the street. Baseline pedestrian and bicycle counts were conducted. with the help of vo lunteers, in the spring C AF -38'h A venue Pedestrian, Bicycle Count Grant June 11. 2012 Page 2 of2012 before the roadway improvements were put in place. Jefferson County Publi c Health has offered $2,000 in grant funding to assist in addi ti onal counts this faJl to begin the process of assessi ng the 38'h Ave project. The City will contribute an additional $1,000 from the Communi ty Development Administration program budget so that A ll Traffic Data, a local company. can be hired to perfonn the counts v1a v1deo technology. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriations. RECOMMENDED MOTION: "I move to approve Resolution No. 28-2012 -A resolution amending the F iscaJ Year 2012 budget to reflect the a pproval of a supplemental budget appropriation for the 38'h Avenue Pedestrian/Bicycle Count Grant in the amount of$2,000. Or. "I move to postpone indefinitely Resolution No . 28-2012 -A resolution amending the Fiscal Year 2012 budget to reflect the approval of a supplemental budget appropriation for the 38'h A venue Pedestrian/Bicycle Count Grant in the amount of $2.000 for the following reason(s) .. REPORT PREPARED AND REVIEWED BY: Sarah Showalter. Planner IJ Ken Johnstone. Community Development Director ATTACHMENTS: I. Resolution 28-2012 2. Purchase of Services Agreement wiU1 Jefferson County Public Health TITLE: CITY OF WHEAT RIDGE , COLORADO RESOLUTION No. 28 Series of 2012 A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIAT ION FOR THE 38TH A VENUE PEDESTRIAN/BICYCLE C OUNT GRANT IN THE AMOUNT OF $2,000 WHEREAS , the City has adopted the 381h Avenue Corridor Plan and invested in roadway improvements to revitalize the corridor; and WHEREAS , the City desires to monitor the i mpacts of the roadway i mprovements, includi ng the number of pedestrians and bicyclists using the street; and WHEREAS, the City has secured a grant from Jefferson County Public Health to hire a consultant to perform pedestrian and bicycle counts: and WHEREAS , the Wheat Ridge Charter requ ires that amendments to the budget be effected by the City Council adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows : A . The City Council authorizes the acceptance of the 381h Avenue Pedestria n/Bi cycle Count Grant in the amount of $2,000 and a corresponding increase In General Fund reve nues. B . The City Counci l authorizes the transfer of $2 ,000 from the General Fun d undesignated reserves to account number #01-120-700-750 and amending the 2012 fiscal year budget accordingly. DONE AND RESOLVED this 11 th day of June 2012 . Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 PURCHASE OF SERVI CES AGREEMENT THIS AGREEMENT dated for reference purposes only this 19th day of June. 20 12. is made and e ntered into by and between the Jefferson Co unty Public Health. 180 I J 9111 Street , Go lden, CO 8040 I , he reinafter refeJTed to as "J C PH '', and the C ity of Wheat Ridge. 7500 W . 29111 Avenue. Wheat Ri dge, CO 80033 and hereinafter refe rr ed to as ·'Contractor''. WITNESSETH WHEREAS, JCPH is interested in contracting w ith and providing resources to the Contractor to implement a 2012 bi cycle and pedestrian data collection along 38th Avenue: and WHEREAS, the Contract or desi res to provide resou rces to implement a 2012 bicycle and pedestrian data collection a long 38lh A ve nue. NOW. THEREFORE. in consideration of th e premises and mutua l covenants contained herein. the parties hereto covenant and agree as fo ll ows: I . TERM T his Agreement s hall be in effect for the period June 19 ,2012 through December 31 , 2012 . 2. RESPONS lBLLI TIES Contractor sha ll provide and deliver the following for the 20 l 2 bicycle and pedestrian data coll ection along 38th Avenue: a. Contracto r shall hire a consultant. such as All-Traffic Data to place cameras at appropriate locations on 38111 A -.enue tb r purposes of gathering bicycle and pedes trian data. b. Bicycle and pedestrian da ta gathering s hall be collected by the consultant no later than October 2012. c. Contractor sha ll provide re sou rces for the review of the camera tapes and document the data in an agreeable electronic format. d. Conrractor shall provide any significant updates. e.g. successful data collection com pleted. to JCPH regarding the progress ofth1s work via phone or email. e. Contractor s hall share final data with JCPH in an agreeable electronic format. f. A II wo rk products developed for the 20 12 bicyc le and pedestTian data co ll ection along 38111 A venue shall become joint prope rty of JCPH and the Co ntractor. g. Contractor s hall provide JCP ll the names of any consultan t{s) used to complete the data collection by tbe end of the contract. h. Contractor s hall retain all consultant invoices used to complete this work. JCPH retains the right to Attachment 2 Cil) of Wheat Ridgt: 38 1h Ave Bike-Ped Data Collection Agreement Page 2 collect these invoices at any time within the next two years. 3. CO MPENSATION AND PAYMENT JCPH shall pay the Contractor $2.000 within 30 days of receipt of written request for said payment. 4 . INDC PENDENT CONTRACTOR STATU a. Contractor shall perfonn the duties hereunder as an independent contractor and not as an employee. Contractor affirms that il has or will secure at its own expense all personnel and materials required to pcrfonn the services detailed in Paragraph 2 above. Such personnel shall not be empl oyees of nor have any co ntractual relationship wi th the JCPH. b. Services required hereunder shall be perfonned b) Contractor or under its supervis ion. and all personnel engaged in the \\Ork shall be full) qualified and proper!) licensed or ccrtitied. as required b) local. state and federal Ia\\-or regulation to perfonn such services. Neither Contractor nor its personnel. if any. is entitled to workers· compensat ion benefits or an) other benefit or employment with Jefferson Count). Colorado. further. Contractor is c.)bligatcd Lo pay federal and state income tax on any compensation paid pursuant to this Agreement. 5. INDEMNIFICATIO N Within the limitations imposed by the Colorado Constitution and statutes. Contractor hereby indemnifies and holds JC'PH harmless from all claims. damages. loss. injur). cost and expense. including auome)s· fees resulting from or related to an} negligent or intentional acts or omissions of Contractor. itS agents. employees, subcontractors and consultants, in its perfonnance of this AgreemenL This provision shaJI survive the termination ofthis Agreement. The parties understand and agree that Com:ractordoes not hereby \\>aive an> of the rights. immunities. and limitations of liability contained in the Colorado Governmental Immunit y Act. C RS 24-10-10 I el seq, or otherwise provided by la w. 6. NON ASSIGNMENT either this Agreement nor an} interest therein. nor an) claim hereunder, shall be assigned by Contractor to any third person without the prior written consem of JCPH. 7. OFFICIALS NOT TO BENEfiT No elected or employed member of JCPH shall directly or indirectly receive or be paid any share or pan of this Agreement or any benefit that may arise therefMc. Contract or warrants th at it has not retained any company or person (other than a bona fide emp loyee working solely for Cont ractor) to solici t or secure this AgreemcnL and that Contractor has not paid or agreed to pa} to any company or person. (other than a bona (ide employee working for Contractor). any fee. commission. percentage. brokerage fee. gift or any oth er consideration contin gent upon or resulting from the award of this Agreement to Contractor. Upon learning or any breach or violation of this provision. JCPII shall have the right to tem1inate this Agreement \\ ith no further liabilit} or obligation for pa)1nenL City of Wheat Ridge 38 111 Ave Bike-Ped Data Collection Agreement Page3 8. EQUAL EMPLOYMENT OPPORTUNITY Conrractor shall not refuse u.'l hire. discharge. promote. demote or discriminate in matters of compensation against an) person othen.vise qualitied. solely because of race. creed. sex. color. national origin or ancestry. disability or age. 9. ILLEGAL ALIENS a. Contractor (entity or sole proprietor) shall execute lhe cenification attached hereto as Exhibit A, in confonnance \.\lith the provisions of§ 8-17.5-1 02( I) and § 24-76.5-10 I. C.R.S .. as amended . b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract: or enter into a contract with a subcontractor that fails to certify to Contractor tJtat the subcontractor !>hall not krlo\.\lingly employ or comract with an illegal alien to perfonn work under this public contract. c. If Contractor obtains aclUal knowledge that a subcontractor perfonning work under this public contract knowingly employs or contracts with an illega l a lien. Cont ractor shall: (I) Nolify the subcontractor and the JCPII within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (J). above. the subcontractor does not stop employing or contracting with the illegal alien: except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides infonnation to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. d . Contractor shaJI comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undenak.ing pursuant to its au thority. e. Notwithstanding any other provision of this public contract. if Contractor violates any provision of this paragraph. the JCPH ma) tenninate this public contract and Contractor shall be liable for all actual and consequential damages resulting from that termination. r. Except where exempted by federal law and. except as provided in§ 24-76.5-103(3). C.R.S., as amended. a Contractor receiving Jefferson County funds under this public contract must confirm that any individual natural person eighteen ( 18} years of age or older is lawfully present in the United States pursuant to §24-76.5-103(4). C.R.S .. as amended. if such individual applies for public benefits provided under this public contract. If Contractor has verified that the Count) has accomplished such confirmation prior to the effective date of this public contract. Contractor is relieved of responsibility under this paragraph. I 0. NON-APPROPRIA TlON Payment of JCPl l's obligations hereunder in the fiscal years subsequent to the Agreement period is contingent City of Wheat Ridge 38 111 Ave Bike-Peel Data Collectio n Agreement Page 4 upon funds for this Agreement being appropriated and budgeted. If funds for Lhis Agreement are not appropriated and budgeted in an) year subsequent to the fiscal year of the execution of this Agreement. this Ag re ement shall terminate. JCPH's fiscal year is th e calendar year. II. STATUTES, REGULA liONS AND ORDINANCES Contractor shall observe and comply with federal, state and local laws. regulations. rules or ordinances that affect those employed or engaged by it, the materials or equipment used or the performance of the project and shall procure any and all necessary approva ls. licenses and permits all at its o'"" expense . 12. SEVERAB ILI TY If any provision of this Agreement or the application thereof to any person or in any circumstance shall be unenforceable to any extent the remainder of this Agreement and the applicat ion of such provision to other persons or in other circumstances shall not be efTected thereby and shall be enforced to the greatest extent permitted by law. 13. TERMINATION JCP II or Conl:ractor may terminate this Agreement by giving 30 days notice, in writing. to the other part). 14. ENTIRE AGREEMENl This Agreement and the Exhibit constitute the entire Agreement among Lhe parties and all other and prior Agreements among the parties relating to such subject mauer are hereby cancelled and superseded in lheir entireties. No variations. modifications or changes herein or hereof shall be binding upon any party hereto unJess set forth in a document duly executed by such part). IN WITNESS WHEREOF. the parties hereto have duly executed this Agreement as of June 19. 20 I 2 to be effective as of June I 9. 2012. JEFFERSON COUNTY PUBLIC ~ lEAL T il Bonnie McNu lty, President Board of Health A TrEST: By CONTRACTOR Mayor Jerry DiTullio STATE OF COLORADO CERTIFICATION AND AF FIDAVIT REGARDING UNAUTHORIZED IMMIGRAN T S A CERTIFICATION STATEMENT CRS 8-17 5-101 & 102 (HB 06-1343, SB 08-193) The Vendor, whose name and signature appear below, certifies and agrees as follows · Exhibit A 1 The Vendor shall comply with the provtsions of CRS 8-17 5-101 et seq The Vendor shall not knowingly employ or contract with an unauthoriZed tmmtgrant to perform work for the State or enter tnto a contract with a subcontractor that knowtngly employs or contracts wtth an unauthonzed tmmtgrant. 2 . The Vendor certtfies that it does not now knowing employ or contract with and unauthorized immtgrant who w ill perform work under this contract, and that it will participate in either (i) the "E- Veritv Program •, JOintly administered by the United States Department of Homeland Security and the Soctal Securrty Admmistratton , or (ii) the "Department Program · administered by the Colorado Department of labor and Employment tn order to confirm the employment eligtbility of all employees who are newly hired to perform work under this contract 3. The Vendor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of labor and Employment. If the Vendor fails to comply with any requ irement of this provision or CRS 8-17 5-101 et seq ., the State may terminate work for breach and the Vendor shall be li able for damages to the State B AFFIDAVIT CRS 24-76 5-101 (HB OOS-1023) 1. If the Vendor is a sole proprretor, the understgned hereby swears or affirms under penalty of perJury under the Jaws of the State of Colorado that (check one) 0 I am a United States citizen , or 0 I am a Permanent Resident of the Untted States, or 0 I am lawfully present tn the Untted States pursuant to Federal law I understand that this sworn statement is reqUired by law because I am a sole proprietor entenng tnto a contract to perform work for the State of Colorado. I understand that state law requires me to provide proof that I am lawfully present in the Untied States pnor to starting work for the State I further acknowledge that I will comply with the requtrements of CRS 24-76.5-101 et seq. and will produce the reqUired form of identification prior to starting work I acknowledge that making a false. fictitious, or fraudulent statement or representation in this sworn affidavit ts puntshable under the cnm1nat laws of Colorado as pe~ury tn the second degree under CRS 18-8-503 and tt shall constitute a separate criminal offense each time a public benefit i s fraudulently received . CERTIFIED and AGREED to lhts ___ day of ------• ~. VENDOR: Vendor Full Legal Name BY: ~-----~--~----~-----------Stgnature of Authorized Representative Title State Form Ul-1 Issued 7/2008 ' _.. · City of -_p-Whe atRl__dge £TEMNO:~ DAT E: June I 1, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE : RESOLUTION NO. 29-2012 A RESOLUTION AUTHORIZING APPROVAL OF THE DE NVER REGIONAL COUNCIL OF GOVERNMENTS CONSORTIUM AGREEMENT CONCERNING THE GOALS AND GOVERANCE O F THE US DEPARTMENT OF HOUSING AND URBAN DE VELOPMENT'S SUSTAINABLE COMMUNITIES REGIONAL PLANNING GRANT D PUBLJC HEARING D BIDS/MOTIONS (g) RESOLUTIONS D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2ND READING D YES C ity Manager I SSUE: In November 2011, the Sustainable Communi ties Partnership , a federal collabor ation of the U.S. Department of Hou s1ng and Urban D evelopment (HUD), D epartment of Transportation (DOT ), and En vi ronmental Protection Agency (EPA), awarded lhe D enver region a $4.5 m ill ion Regional Planning G rant. With this grant funding, a consortiu m of m unicipaliti es , coun ti es, state agencies, hou sing a uth orities, nonprofits, corporate interests, philanthropic an d academic organizations will work togeth er to further e nhance and impl ement Metro Vision (Denver Regional Council of Governments long range planning document), whi le addressin g one of our region 's most pressing and exciting chaUen ges: leveraging the planned $6.7 b illion expansion of the FasTracks transit system. Specifically the grant w ill support multijurisdiction al planning efforts that integrat e housing, land use, economic and workforce development, transportation, an.d infrastructure investments. Council Action Form June II, 2012 Page2 The Denver Regi onal Council of Governments (DR COG) has prepared a Consortium Agreement that identifies the goals, activities to be undertaken, and roles and responsibilities of Consortium members in regards to the Regional Planning Grant. As required by HUD, DR COG is requesting all Consortium members to pass a resolution in support of the Consortium Agreement committing to participate in the grant activities as outlined in the Agreement. PRIOR ACTION: On August 22, 20 I I , City Council passed Resolution 26-20 II supporting DR COG's application to HUD for the Sustainable Communities Planning Grant therefore making the City a participant in the grant. FINANCIAL IMPACT : In September of 201 l, the City provided a letter of support (attached) to HUD for DCROG's Sustainable Communities Planning Grant application committing $18,000 of in-kind staff time to support the planning efforts for a period of three years if awarded the grant. BACKGROUND: ln June 2009, HUD joined with EPA and DOT to fom1 a "Partnership for Sustainable Communities." This federal partnership is focused on improving access to affordable housing. providing more transportation options and lowering transportation costs while protecting the environment in communities nationwide. Several funding opportun iti es emerged from the federal partnership including HUD's $67 million Sustainable Communities Regional Planning Grant Program (SCRPG). Last year, on behalf of 86 governmental agencies, organizations and non-profits region wide which pledged more than $7 million in matching resources. DRCOG applied for funding from the SCRPG program. With the awarded $4.5 million Regional Planning Grant, a Consortium of these organizations and agencies will work to further the goals of Metro Vision and leverage the multi-billion dollar expansion of the FasTracks program. The Consortium's overarchiog goal is to align investments, programs and policies to maximize the benefits that result from the region's investment in transit. The anticipation is a region with greater access to job opportunities across the income spectrum. lower transportation and housing costs, reduced consumption of fossil fuels, reduced impacts on air and water resources, and ultimately the development of concentrated, mixed-used, pedestrian and bicycle friendly "urban centers' along transit lines that allow residents to easily access their daily needs without use of a car. To achieve this goal, the planning process is divided into five main activities. The first three are planning activities at the regional , conidor and si te-specific (Catalyst Projects) levels. The other two, Stakeholder Engagement and Outcomes Assessment and Knowledge Sharing, cut across and will supp011 planning efforts at all three levels. Regional planning activities will focus on further refinements to Metro Vision, particularly the issues of access to housing choices and economic opportunity. Detailed execution planning at the corridor level will bring Metro Vision Council Action Form June 11, 20 L2 Page3 closer to implementation. and will focus on the three transit corridors currently under const ructi on as part of the EAGLE P3 public-private partnership representing the Gold. Eas t and Northwest rail/U.S . 36 Bus Rapid Trans it line s. Corri dor le ve l plannin g will lead to tbe identification and selection of three Catalytic Projects (one on each co tTid or) at specific sites that o tfer the potential fo r transfonnational changes. Pre-d evelopment planning, environmen tal review and policy changes that cata lyze redevelopment at these sites will in turn provide valuable lessons for other transit stati on areas throughout the region. The Co nsortium Agreement the City is being asked to sign details the responsibilities of Consortiwn members as well as the governance structure that will be used to implement the grant. The City must designate a "poin t person" who will be the primary contact for comm uni cation regarding the Sustainable Communities Grant program. This "point person" for Wheat Rid ge will be Ken Johnstone, Commu nity Deve lopment Dire ctor. Ci ty staff anticipates being involved in the Corridor Working Group for th e Gold Line which will direct corrido r-level planning activities and establish a vision and goals unique to the corridor. The Corridor Working Groups will be involved in selectin g the Catalytic Projects for each co rrid or as we ll as manabring the project once chosen. RECOMMENDATIONS: Staff recommends approval of DRCOG's Consortium Agreement concerning the goals and govemance of the Sustainable Communities Regi onal Planning Grant. RECOMMENDED MOTION: ''I move to approve Resolution No. 29-2012, a resolution authorizing approval of the Denver Regio na l Council of Governments Consortium Agreement concerning the goals and governance oflhe U.S. Department of Housing and Urban Development's Sustainab le Communities Regional Planning Grant." Or, "1 move to postpone indefmitely Resolution No. 29-2012 a resolution authorizing approval of the Denver Regiona l Council of Governments Consortium Agreement concerning the goa ls and governance of the U.S. Department of Hous in g and Urban Development's S ustai nabl e Commun iti es Regional Pl anning Grant for the following reason(s) --------" REPORT PREPARED/REVIEWED BY: Sally Payne, Senior Planner Kenneth Jolmstone, Community Development Director ATTACHMENTS: I. Resolution No. 29-2012 2. DRCOG Sustainable Community Pl anning Grant Consortium Agreement 3. Denver Region Sustainable Communities l.ni tiative Consortium Members 4. City of Wheat Ridge September 20 I I Letter of Support to HUD TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 29 Series of 2012 A RESOLUTION AUTHORIZING APPROVAL OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS CONSORTIUM AGREEMENT CONCERNING THE GOALS AND GOVERNANCE OF THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SUSTAINABLE COMMUNITIES REGIONAL PLANING GRANT WHEREAS, on June 16, 2009. the U.S . Department of Housing and Urban Development, the U.S . Department of Transportation , and the U.S. Environmental Protection Agency announced the Partnership for Sustainable Communities (The Partnership) to coordinate federal housing , transportation , water, and other infrastructure investments to make neighborhoods more prosperous, allow people to live closer to jobs, save households time and money, and reduce pollution ; and WHEREAS, the Denver Regional Counci l of Governments' Board of Directors adopted a resolution on May 19, 2010 affirming its support for the Partnership and agreeing to integrate the Partnership 's principles into ongoing and future Metro Vision discussions; and WHEREAS , the Partnership recognizes the need to support metropolitan scale . multi-jurisdictional planning efforts that integrate housing, land use, economic and workforce development, transportation and infrastructure investments; and WHEREAS, the US Department of Housing and Urban Development (HUD) made several million dollars in grant funds available to communities as part of the Sustainable Communities Regional Planning Grant program; and WHEREAS , the Denver Regional Council of Governments facilitated a reg ion-wide discussion with a wide range of stakeholders and developed a regional application to this grant program; and WHEREAS, the Denver Regional CouncH of Governments was awarded $4.5 million from the Sustainable Communities Regional Planning Grant program ; and WHEREAS , the grant funding will be used to 1) further enhance and implement Metro Vision ; and 2 ) leverage the multi-billion dollar expansion of the FasT racks program . WHEREAS , the Denver Regional Council of Governments has prepared an Agreement outlining the roles and responsibilities of the regional stakeholders to the plann i ng grant award and desires to have the stakeholders ratify the Agreement; and Attachment 1 WHEREAS , the City of Wheat Ridge is a strong , committed member of the Denver Regional Council of Governments and is duly proud of the region 's long history of collaborative action on matters of regional concern for the collective betterment of the region as a whole . NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado, as follows: 1. The City of Wheat Ridge approves the Denver Regional Council of Governments Consortium Agreement concerning the goals and governance of the U.S. Department of Housing and Urban Development's Sustainable Communities Regional Planning Grant. DONE AND RESOLVED this 11 1h day of June 2012. Jerry DiTullio , Mayor ATTEST: Janelle Shaver. City Clerk Consortium Agreement MC1y16,2012 Background The Denver region enjoys a storied history of collaboration, anchored by the Denver Regional Council of Governments (DRCOG), its 56 member governments and more than SO years of weaving land use, transportation and environmental concerns into a fully integrated regional plan . Metro Vision, most recently updated in february 2011, provides the framework that will guide this reg ion into a future of expanded opportunities for people of all ages , incomes and abilities, supporting vibrant communities and a robust regional economy. In November 2011 the Sustainable Communities Partnership, a federal collaboration of the U.S. Department of Housing and Urban Development (HUD), Department of Transportation (DOT), and Environmental Protection Agency (EPA), awarded the Denver region a $4 .5 million Regional Planning Grant. With this grant funding, a Consortium of municipalities, counties, state agencies, housing authorities, non profits, corporate interests, philanthropic and academic organizations will work together to further enhance and •mplement Metro Vision, while addressing one of our region's most pressing and exciting challenges : leveraging the planned $6.7 billion expansion of the FasT racks transit system . This document establishes the goals of the Consortium and the conditions under which Consortium members shall participate in the planning and related activities funded by the Sustainable Communities Regional Planning Grant, sometimes referred to herein as the Initiative. Goals The Consortium's overarching goal is to align investments, programs and policies to maximize the benefits that result from the region 's investment in transit. We anticipate a region with greater access to job opportunities across the entire income spectrum, lower combined transportation and housing costs, reduced consumption of fossil fuels , reduced strain on our air and water resources, and ultimately the development of concentrated, mixed-use, pedestrian -and bicycle-friendly "urban centers" along transit lines that allow residents to easily access their daily needs without having to get into a car. Grant-Funded Activities The planning process is divided into frve main categories . The first three represent distinct but mterrelated planning levels -regional, corridor and sfte -s pecrfic (Catalytic Projects). The remaining two -Stakeholder Engagement and Outcomes Assessment and Knowledge Sharing (OAKS)-cut across and May 16 /012 · ~ Pa gP 1 o f 10 '• 1 .. J•·' SC1' DRG-~-" 1 . ·. ·.· .. t.J . ' . ~ . . -. [I I I I I I ' , ''!., , 1, •t r, r Attachment 2 support planning efforts at all three levels . Regional planning activities will focus on further refinements to Metro Vision, particularly the issues of access to housing choices and economic opportunity. Detailed execution plan ning at t he corridor leve l will b ring Metro Vision closer to Implementation, and will focus on the t hree transit corridors cu rrently under construction as part of the innova t ive EAGLE P3 public· private partnership (Gold, East, and Northwest raii/US36 BRT). Co rridor-level planning will in turn lead to the identification and selection of three Catalytic Projects (one on each corridor) at specific sites that offer the potential for transformational changes . The West Line , which recently completed corridor· wide planning, has also identified a fourth Catalytic Project at the Sheridan Station. Pre--development planning, environmental rev1ew and policy changes that catalyze redevelopment at these sites will in turn provide valuable lessons for other transit station areas throughout the region . Benefits to Consortium Members Participate in reg ional and corri dor planning Metro Vision and the corridor planning provides a framework where Consortium members can find common ground on shared goals the region can collectively work toward. Consortium members can play a role ensuring Metro Vision and corridor planning activities reflect and advance the mission of their local government, organization or constituency. Recognize the value of communities within the regional context The physical and cultural diversity of the many communities that comprise the Denver region creates the opportunity for a wide variety of economic development initiatives and living styles. Through participation in Metro Vision and corridor planning activities. Consortium members can raise awareness of the unique contribution that each individual community makes toward regional goals. In turn, a stronger, more livable region will serve to strengthen and sustain its indiv1dual communities . Gai n acce ss to tools, d ata and best practi ces A considerable amount of data will be collected and disseminated as part of the Metro Vision and corridor planning process. Grant resources will also fund the development of decision-support tools, case studies of best practices, and training opportunities for Consortium members. These resources will increase Consortium members' understanding of the livability principles and capadty to enhance livability within their own communities. Foster new partner sh i ps and I ncrease d collabo ration a m o ng entities in the reg ion The Metro Vision and corridor planning process will bring together stakeholders from a wide variety of sectors and disciplines, some of whom may not have worked together previously, and highlight opportunities for Consortium members with similar goals to coordinate efforts and align resources. These relationships will live beyond the grant -funding period and support ongoing collaboration. Access funding opportunities In recognition of the Denver region 's ongoing commitment to advancing sustainability, HUD has awarded the region Preferred Sustainability Status. Consortium members may therefore be able to claim additional points or receive special consideration when applying for funding through HUD and other agencies affiliated with the Federal Partnership for Sustainability. Responsibilities of Consortium Members Actively collaborate on regional, corridor, and site-level planning activities Consortium members will work together through the Metro Vision and corridor planning activities to identify shared goals, values and interests, and to develop consensus on policies and strategies for implementation. Active engagement may include participation in the Corridor Working Groups, stakeholder committees, advisory committees, workshops and trainings, case studies, and other opportunities that arise throughout the planning process to contribute to the overall effort. In contributing to the effort, Consortium members will make good on any commitments of matching resources. Share information and ensure broad participation The full Consortium will convene at least twice annually to share information on their collective efforts and address any key issues that arise during the planning process. Consortium members will also serve as ambassadors for the Sustainable Communities Initiative, assisting with outreach both to members of the public and to members of their organization or local government. By raising awareness of the planning activities and identifying potential new partners, Consortium members will help ensure the Initiative is comprehensive in scope and Includes a broad diversity of perspectives, particularly from communities that are traditionally underrepresented in the planning process. Consortium members will designate a po int person within their organization who will serve as the primary contact for the Initiative and who will be responsible for communicating the activities of the Consortium to their organization and constituents . If the point of contact changes, the Consortium member must provide DRCOG staff with contact information for the new designated contact person. Assist with plan implementation Consortium members will help identify opportunities to implement the projects and strategies identified in Metro Vision and the corridor plans. Consortium members will also facilitate any needed revisions to existing plans to ensure consistency with common regional or corridor-level goals. May 16, 20 12 ' Pa ge 3 o f 10 , 1 '' ~· set DRG~J~--" ' . . .. \.J . : . . .~ · · ·· · · --.~-:--f 1 . · I· I 1 I r· ·, -~ .u, .. c ll 1(11/ Governance Structure Figure 1. Consortium Governance Structure The Consortium is comprised of the groups below involved in each of the three levels of planning ond Implementation: regional, corridor, and site (catalytic projects). Rectangles with thick white borders represent decision -making bodies. The roles , purposes and responsibilities of the various committees and groups are as generally described below. The Executive Committee is authorized to promulgate written guidelines governing the size , membership, removal of members, and procedures of that committee, provided the guidelines are consistent with the provisio ns below. Each Corridor Working Group is authorized to promulgate su ch guidelines for their own group, and the Executive Director of DRCOG is authorized to promulgate su ch guidelines for all other committees and groups. The Executive Committee, comprised of leaders from the public, private, and non -profit sectors, will provide project oversight to ensure the proposed planning efforts meet the objectives set forth in this Agreement and result in imp lementable strategies that equitably benefit the Denver region . The Committee will work toward consensus when making decis ions, but upon the affirmative vote of the majority of members present and voting, the Committee may decide any questions that can not be resolved by consensus . The Committee will meet quarterly and have the following res ponsibilities: May 16. 2012 ' · .,. PagE' 4 of 10 , 1 .. .1.,·' ·~ ·-. · -. set .. -~~G~2~.-... ~J ,., . .-.__ -;::-.~~::.---·.-:.-=;;;-. · 11; 111.1J:, II/, />,ncr' • Serve as champions for the Initiative, setting the tone for regional collaboration and advocating for the planning process • If necessary, resolve conflicts or d isputes and redirect any activities not aligned with the Consortium 's objectives • Approve the mitlal work plan and any subsequent modifications • Receive quarterly updates and provide feedback on grant-funded activities, grant fund expenditures and allocation of matching resources • Educate and inform others about the Initiative • Provide direction t o the Coordinating Committee on how grant-funded activities could be coordinat ed with and amplify other a llied efforts • Each Executive Committee member will represent the perspective of their particular interest group, while seeking common ground with other interest groups • As described below, the Executive Committee will provide input to DRCOG throughout the regional planning process , and the DRCOG Board of Directors is the final decision maker on any proposed updates to the Metro Vision plan . The Executive Committee may also make recommendations to DRCOG regarding changes to the grant budget. The Coordinating Committee, comprised of staff from DRCOG and members of Mile High Connects , will provide logistical support and day-to-day project direction, and su p port t he Executive Committee in providing project oversight. Its key functions are ensuring integration of regional, corridor and catalytic project planning efforts , and keeping t he Executive Committee informed of grant activities and any related issues. The Committee will make decisions by consensus. Any issues that cannot be resolved by consensus will be elevated to the Executive Committee. Specific responsibilities of the Committee include : • Ensure coordination among Consortium members and among grant-funded activities • Deve lop detailed scopes of work for sub-recipients and contractors as needed • Attend to HUD requirements for reporting on and managing the grant-funded activities The Denver Regional Council of Governments (DRCOG), as the Regional Planning Commission and Metropolitan Planning Organization (MPO) for the Denver region , will lead and coordinate all regional planning efforts, including the potential expansion of regional goals and policies within Metro Vision . The ORCOG Board of Directors, comprised of elected officials from each of the member governments, will make all policy-related decisions regarding the update of Metro Vision . DRCOG's Articles of Association detail the Board's decision -making procedu r es. To ensure participation of key stakeholders in regiona l planning, DRCOG Intends to es t ablish the two committees described below. The Exec u tive Committee will also p rovide input to the ORCOG Board throughout the regional planning process. The DRCOG Board is the final decision maker on any proposed updates to the Metro Vision plan. • The Ci t izens' Adviso ry Commi ttee, comprised of resident leaders from throughout the region , including individuals representing the interests of low-income households, minorities, the elderly May 1 G. 2012 · . PagE' 5 of 10 • 1 · f-' -set DRG-2G " . . . ' . . ... \J ,.. .. - -·-f I · .. · ~ tii:,J,/t.rf'llil/ and people with disabilities, will provide recomme ndations to the DRCOG Board on Metro Vision policies and the engagement of community members in the regional planning process, particularly the direct involvement of those typically underrepresented. • The Technical Planning Advisory Committee, comprised of local planning staff and subject-matter experts, will provide technical recommendations to the DRCOG Board on efforts to improve Metro Vision . DR COG ts also serving as fiscal and administrative agent for the grant and will allocate resources to sub· recipients and award consultant contracts as needed. Through its annual budgeting process, the DRCOG Board will approve the grant budget and any subsequent changes. The DRCOG Administrative Committee wi ll app rove contracts with su b-recipients and consu ltants . The Corridor Working Groups, comprised of city and county officials, housing authorities, and subject· matter experts, will direct corridor-level plannang activities and establish a vision and goals unique to their corridor. Each Corridor Working Group will either manage its catalytic project directly or delegate that task to another entity. The existing West line Working Group, having successfully carried out corridor level plann ing over the past year, will focus primarily on catalytic project planning activities . The other three corridors (East, Gold and Northwest raii/US36 BRT) will establish new Working Groups and create their own governance structures, using the West line Working Group as a model. • Reconnecting America will serve as the Corri dor Coordinator across these new Working Groups to assure alignment wi t h SCRPG objectives, provide training and capacity building, and share best practices among Working Groups. • Each Work i ng Group will receive direct Input from l arger corridor-wide Stakeholder Committees, which willlndude local residents . Corridor Working Groups will make all policy· related decisions regarding corridor and catalytic project planning efforts. The Regional Resource Group includes organizations with demonstrated subject-matter expe rtise in housing, transportation, community and economic development, education, creative businesses and the arts, public health, environmental issues, urban agriculture, Issues relevant to older adults, p romoting equitable outcomes for low· income populations, and stakeholder engagement . Members of this group are committed and available to provide Input and assistance at the behest of regional, corridor and catalytic project leadership needs . Many have committed matching resources and/or offered services at a discounted rate . Each member of the regional resource group will pfovide information on the types of assistance and services they can offer, which DRCOG will distribute to the full Co nsortium. The Outcomes Assessment ond Knowledge Shoring {OAKS) Group will help evaluate the outcomes of current and previous planning efforts, provide opportunities to share lessons learned and best practices, and ensure these lessons are integrated into ongoing planni ng efforts through the development of performance measures and decision support tools. The OAKS group Includes University of Colorado - Denver, the Colorado Department of Public Health and the Environment, PlaceMatters and Reconnecting America. Activit ies of this group will support the collection and dissemination of information among participating agencies to ensure that decisions are well -informed and communicated May 16. 70 1 2 ' · \, Page 6 of 10 .• 1 .. -1.~·' -~ :· . set _ ~RG-~: .. _. \,J •-!··· ~ -:: .••. • -----fl,/1: .. /,/l'ol·.r•,r' across jurisdictions. case study reports will evaluate the existing light rail corridors in the Denver region (Southeast and Southwest lines} as well as the corridor nearing completion (West line) in terms of their contribut io n to regional targets . lessons learned both locally and nationally will be integrated into regional, corridor, and catalytiC project planning efforts through the use of cutting-edge decision support tools DRCOG 's online regional data catalog will also make data and information associated with the proposed planning activities widely available. The St ake holder Engogem ent Group includes FRESC, The Denver Foundation, Transit Alliance and PlaceMatters. This group will ensure stakeho lders have meaningful opportunities to provide input and feedback throughout the proposed planning and implementation activities at the regional, corridor and catalytic project levels, as well as the sk i lls and knowledge required to participate effectively. Activities of this group will include capacity building and stakeholder engagement among traditionally disadvantaged communities; Citizens' Academies that engage a broad range of constituents; a nd large- scale, interactive meetings. These efforts will help populate the regional Citizens' Advisory Committee and Corridor Stakeholder Committees, particularly with people typically underrepresented in the planning process . State and Regional Partners include the Colorado departments of local affairs, public health and environment, and transportation; the Regional Transportation District; and the Regional Air Quality Council . These partners have committed staff time and technica l expertise, and wi ll ensure state and regional efforts are coordinated with and enhance tl'le proposed activities. Philanthr opic Partners have also com mitted funding and tecl'lnical expertise to directly support the proposed activities, as well as funding for a variety of re lated initiatives that will ensure the benefits gained are widespread and realized for generations to come. Accountability Measures DR COG is serving as fiscal and administrative agent for the grant and will act In a representative capacity with HUDon beha lf of all members of the Consortium with respect to reporting to HUD and ensuring compliance w ith the requirements of the grant program. In this capacity , DRCOG will adm inister grant funding, budgeting and accounting, and will be the contracting agent to award and administer sub- recipient contracts and other contracts as needed. DRCOG may establish rules and policies governing the process for award of contracts, including without limitation rules prohibiting actual or potential conflicts of interest. All Consortium members that have pledged in-kind support or other match requirements will work with DRCOG to document the number of hours spent on the project and the allocation .of other matching resou rces, and will enter into an agreement governing their pledge if re q uired by DRCOG. All Consortium members that will be receiving gr ant funds (sub-recipients) will enter into a formal contract with DRCOG t hat outlines the work to be performed and deliverables, and provide progress reports to DRCOG on a regular basis . DRCOG will use these reports to share information on the status of grant- funded activities with the larger Consortium. May 111, ?012 -l'dgf' 7 nt 10 , 1 f' ~-set DRG~2ti .. . . "'" • • • --J ' ' '. ' ~ ,1,,,,/,Ii•J,,./ Expansion of Consortium Membership Any entity supportive of the Consortium's goals may jom at any time by becoming a signatory to this Agreement. The Executive Committee, Coordinating Committee, Corridor Working Groups and DRCOG Board may undertake special outreach to engage new partners and underrepresented constituencies as needed. Duration of Consortium Agreement This Agreement shall rema i n in force for the duration of the Sustainable Communities Regional Planning Grant funding period, which is expected to conclude on February 15, 2015. This Agreement and the Consortium may be continued beyond the grant conclusion date through a writing signed by those members wishing to continue this Agreement beyond the grant conclusion date. Withdrawal From Consortium Agreement Any member may, at any time , provide written notice to DRCOG of their intent to leave the Consortium , which notice shall state the effective date of withdrawal. Upon withdrawal, the member shall no longer be a party to this Agreement and shall no longer receive any benefits of Consortium membership, unless there Is a specific written agreement to the contrary. However, a withdrawing member shall remain obligated to satisfy any pledge of in kind support or match requirement that i s outstanding at the time of withdrawal. If approved by DRCOG, the member's obligation may be satisfied by working with DRCOG to secure equiva lent resources from an alternative source. Changes to Terms of Agreement The Executive Committee may, after consultati on with the Consortium members, elect to change the terms of this Agreement at any time and will provide wri tten notification of any changes to the entire Consortium membership. Signatures An entity becomes a member of the Consortium by signing this Agreement and returning its signature page to DRCOG . This Agreement may be signed in any number of copies or counterparts, each of which shall constitute an original and all of which shall constitute one and same document. Signature submitted by facsimile or electronic transmission shall be sufficient and binding. Signature Page Follows Nlay 16. 20 12 · · . Pa ge 8 of 10 , 1 .. --:_,~., ... ~~ .--.set ... D~G412~.~··· L • -t.J . ---. .. .. . . . -.. l L 11/ • .J.·, ,,,, ,,, /1, I, Member Signature Page Instruction: This Agreement Is to be signed by a representative of each Consortium member who has the authority to enter into an agreement on behalf of that entity. Please return your entity's signed original of this Signature Page to Jilllocantore at DRCOG, 1290 Broadway, Suite 700, Denver, CO 80203. Please keep a signed copy of this Agreement for your reco rds. By signing this Consortium Agreement, the undersigned party hereby agrees to join the Denver Region Sustamable Communities Consortium effective as of the date of signing and agrees to the provisions of the Consortium Agreement. EXECUTED this __ day of--------------' 2012 Signature Name (please print) rrtle Organization Primary Point of Contact: Name Title Phone E-mail Mailing address May ](,, .?0 12 -f'a g P 9 n f 10 . 1 4 ~ . set DRG'4t~G -" . . \.J ---· · · -If ...... ,. o~·· •. , .. , . OPTIONAL Additional Information Areas of the Sustainable Communities Initiative your organization will participate in : Check all that apply Metro Vision Plan Update Boomer Bond Regional Equity Atlas Stakeholder Engagement o Citizens' Academies o Outreach to traditionally disadvantaged communities Outcomes Assessment and Knowledge Sharing o Case Studies (Existing Transit Lines) o Workshops and Trainings Regional Resource Group Executive Committee Coordinating Committee Corridor Planning o East o Gol d o Northwest Rail/US 36 BRT Catalytic Projects o West o East o Gold o Northwest Rail/US 36 BRT Details of how your organization anticipates participating in the areas checked above : Matching resources your organization will commit to the Sustainable Communities Initiative : Cash In -Kind Other Value : Description: 1\Jlay lfl, 2012 -_ Pag e 10 of 10 , 1 ~-,~·' . . set DRG-G-" ' ' -.. ' ·.· \,J . .'·' -· ~ -:-;--.--: .. ' ·-.. fj • n:,JJ-. /11: J.. II• I' Denver Region Sustainable Communities Initiative Consortium Members Executive Committee Regional Planning • Allrance for Sustainable Colorado' • City and County of Denver • • Colorado Erworonmental Coaht•on ' • Colorado Health Foundation • Colorado Housing and Fi nance Author ity • Denver Health • DRCOG Board • Housing Color<ldo •• • Metro Denver Econom•c Development Corpor .Jt ion• • 1\1 t • No t h t •mb r • Mile High Connect.s ' • Mile High United Way • R \,11\) Allrar c • Regional Transportation Distrrct (RTD)' • State of Colorado • Urban Llnd Con~rvancy• • u. o.m L .. nd lns~ttu t e • • • L ) Ban k Co ora ao • • Xcel Energy Coordinating Committee • DRCOG Slaff • Mile High Connects • Outcomes Assessment and Knowledge Sharing • Colorado Department of Pubhc Health and Envtronment • • PlaceMatters• • Reconnecting America' • University of Colorado • Stakeholder Engagement • The Denver foundatron• • FRESC . Good Jobs, Strong Communltres • • PlaceMatters • • Trans1 t Alliance• • Partners that have committed matchmg resources • • DRCOG Board and member governments Resolutions of support from 0 Adams County• 0 Boulder County 0 C1ty and County of Denver • 0 City of Arvada' 0 City of Aurora 0 Clrv o f Boulder" 0 City of Brighton 0 City of Centennial 0 City o f Commerce City 0 Cny of Edgewater 0 City of Englewood 0 Ctty of Federal Heights 0 City of Golden 0 City of Lafayette 0 City o f Lakewood ' 0 City of littleton 0 City of Lone Tree 0 City of Longmont 0 Ctty of Loulsvrlle 0 City of Northglenn 0 City of Sheridan 0 City of Thornton • 0 Oty o f Westminster 0 City of Wheat Ridge • 0 Oear Creek County 0 Douglas County 0 Gilpin county 0 Town of Bennett 0 Town of Erie 0 Town of lyons 0 Town of Nederland 0 Town o f Parker 0 Town of Superior • • Partners t hat have offered additional resources that Corridor Working Groups may take advantage of Key areas of expertise: housmg and community development , pr vdt e , t or/t!CO• IJ r ,r de " lop "'" t, outreach and engagement, public health, environment and sustainability . - . , I •' -. sc·r DRG:~J~ .:; $ ... • .. J ~ I ' ' ~ 1 , j ' i 1 ', I ' Attachment 3 Denver Region Sustainable Communities Initiative Consortium Members Corridor Planning and Catalytic Projects • 36 Commutmg Solutions• • Adams County• • Adam~ County Housmg Authonty • Aurcra Housmg Authonty• • Boulder County • City and County of Denver • • City of Arvada" • City of Aurora • C1ty of Boulder • • City of Lafayette • City of Lakewood• • City of Longmont • Csty of Louisville • Ctty of Westminster • Ci ty of Wheat Ridge • • Denv r Hous.ma Authority • • Jeffenon County Hou~mg Authonty• • Metro West HouStnl Soluttons• • Neighborhood De elopment CollaboratiVe • Regional Transportation District • • Town ol Supenor • Urban Land Con ervoncy • • Reconnectmg America• (coordinator) State a nd Region a l Pa rtne rs • Colorado Department of Loul Affatrs (DIVISton of Hous1ng and Di viSIOn of Local Government)• • Colorado Department o f Pubhc Health and Env1ro n mem• • Colorado Department of Transportation • Rt:f10n11 Atr Quahly Counetl • Reg•onal Transportation Dtstnct (RTD)" •partners that have committed matching resources Regional Resource Group • MRP • Alliance for Su~tdmable Color ado • • Artspace• • Colorado Brownfield!> roundalion • • Colorado Center for Community Development • Colorado Env•r.J r Pntal Coo~flt•or • • Oen11E'r Urban G<Jrden~ • Enterpnse Community Partn!rs• • Hou~lng Color11don • •Cast• • • Jefferson County Pubhc Health " • Kil1ser Permanente • • M '" I Ot 1 1, ronnmlc Dev~:lonmtont Cor po r tltlon • • Mile H1gh Connects• • N~t•onal R newabte Energy Lab • Netghbcrhood O~.:velopmem Collaoorattlle • Partnershtps for Healthy Commun1t1es • P~ton Foundation• • PlaceMatter~ • • Tn County Health Department • Trust for Publtc LcJnd• • Urban land Con~crvancy• • Urban Land lnst tute• • B • '"r l or ~ • Western States Arts Federat ion• Philanthropic Partners • Anschutz Fami lY Foundatton • • Colorado Health Foundatton • The Denver Foundauon • • Gates Family Foundation • • Katser Permanente• • LP Brown Foundat ion• • Mtle High Connects • • Piton Foundation • • Ro se Commun ity Foundation • • • Partners that have offered add it ional resources that Corrid or Working Groups may take advantage of Key areas of expertise: houstng and commumtv devc opment, ~ 'J ~<: o 'lC. 'Tllc d vt" m., •• ou treach and engagement, public health, envtronment and sustatnabthry ~ ' ~ ... _ .. City of 4~WheatRt_dge ~OFfiCE OF T H E M AYOR AND CITY COUNCIL C'ily of Wheat Ridge Municipul Ouilding 7500 W. 29'h /\\\!. Wheal Ridge. CO 80033·1!00 I P: 303.234.5900 F: 303.234.5924 The Hon orable Shaun Donovan Secretary. US Depanment of Housing & Urban Development 45 I 7th Street SW Washington. D.C. 204 I 0 September 22. 20 I I Dear Secretary Dono va n: The Ci ty of Wheat Ridg e is excited to prov id e thi s officia l lener of support to the Den ver Regio nal Council of Governments (DRCOG) for its 20 I I Sustainab le Com munitie s Regional Planning Grant (SCR PG) sub mi ssion. The gra nt provides an o pp ortunity for regional j uri sdictions . non-profits. private-sector organiza ti o n ~ and other quality-of-life focused stak e ho lders to participate in lo ng-range proj ects that foc us o n th e Partnership· s Livability Principles. The Denver re gio n's Sustainable Communities grant application prop oses three primary co mp onen ts: • Enhan cement of De nv e r's current Metro Vision regional comprehensive pl an to more fully address the Livabilit~ Prin ciples: • Collaborative planning along three planned tran si t co rridors: and. • Prede ve lopment activities at four cata lyti c site s: one alo ng the West Line and three more to be id en tified thro ugh the corridor planning activities. Our community wilt directly benefit from thi s fundin g. due to its prox imit y to one o f the gra nt pr oposals· se le cted co rrid o rs. The Gold Line co rrid or is planned for I I .2 miles o f co mmuter rail and this grant will hel p the region to plan for the linc·s eventual sev en Transit-Oriented Development (TO O) stati o ns. We look for.vard to participating in the planning process to help develop and implement st rat egies for this corridor. This gra nt will help us identify ne eds and opportun iti es. en gage communi!) partners. determ ine innovative fu nding mechani sms. and plan th e built-environment to conne ct residents wi th employment and other opportuniti es. The Denver Region ha s a long-s tanding hi story o f working co llab orati ve !). as exhibited by The Mile High Co mpa c1. a vo luntary agreement that includ es 46 communit ies repre se ntin g approximately 90 percent of the re g io n's population. Th e Mile High Co mpa c t is an agreement between the region· s ci tie s and counties on how to manage their g rowth by adhering to the principles o utlin ed in th e Metro Vision Plan . This grant proposal aligns with th e Metro Vision Plan and its sustainabilit)' goals. including: focusing development v. ithin an urban g ro"' th boundary. redu cing ve hi cle-m it es traveled. and oth er ke) quality-of:-life enh ancements. The City of Wheat Rid ge s uppo rt s the current long-ran ge planning '' ork at th e Denver Regional Cou nci l of Gove rnm ents and their proposed enh ancements to these effo rt s. as o utlined in the 20 I I Sustainable Co mmuniti es Regio nal Plannin g Gra nt. The Metro Vision lo ng -r ange plan update wilt in clude ne w areas o f focus and engage new regional stakeho ld ers. T he corridor-leve l n n '' .c:i .n lt t >~t rid j;tc:.c:o.u ~ Attachment 4 planning" ill help communities to \\ork collabor.uively and to develop a regional approach in their land use and development activities. The Cir) of Wheat Ridge is hono red to assist in thi s regional effort thro ugh its p::~rticipation in the process and it s in-kind commitmen t of $18.000 toward the projec t budge t fo r technical and professional staff time to support th e effort. We are excited about thi s opportunity and fully support the out lined grant activities. We also appreciate HUD. DOT and the EPA investment in the Sustainable Communities Regi ona l Planning Grant opportunit) and urge it s suppo rt in l"unding the Denver region. Sincerely. f.£~?:~ Ci ty of WheaL Ridge. CO ~ ... City or !?Wheat Rl_.dge ITEM NO:~ DATE: June I 1, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 30-2012 -A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $350,000 TO RENEWAL WHEAT RIDGE FOR THE PURPOSE OF PROVIDING A LOAN FOR THE TOWN CENTER NORTH PROJECT INFRASTRUCTURE IMPROVEMENTS 0 PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDI NANCES FOR 1 ST READING 0 ORDINANCES FOR 2ND READING QUASf-JUDIClAL: D YES ~ NO 12~~ ISS UE: A request by the Wheat Ridge Urban Renewal Authori ty, dba Renewal Wheat Ridge ("RWR"), for a no i11terest loan in the amou nt of $350.000 to complete infrastructure improvements at Town Center North as required by a Subdivision Improvement Agreement (''SlA") between th e C ity of Wheat Ridge and RWR. PRIOR ACTION : Staffbriefed Council on the Joan request at the June 4, 2012 study session and a consensus was received to bring the request forward for approval. RWR reviewed tJ1e request at their June 5, 2012 meeting an d unanimously approved to authorize the Executive Director to enter into any agreement required for the transaction oftbe loan request. FINANCIAL IMP ACT : The $350,000 interest-free loan wi ll be funded by the City's General Fund undesignated reserves and repaid in full upon the future sale of Lot I or Lot 3 or a combination of both at Town Cen ter North . CouJ1cil Action Form June II. 2012 Page 2 BACKGROUND: RWR and its master developer Weston Solutions. LLC are in the process of constructing infrastructure improvements at Town Center North. The infrastructure development is broken into three phases. Phase I defines and installs the infi·astructure required by a purchase agreement with Wazee Partners. LLLP in order to deliver 'finished lots' for the development of Lot 2 and the construction of the Town Center Apartments. Those improvements are fully funded utilizing the revenues received upon the sale of Lot 2 in D ecember 20 II and are in a segregated escrow account dedicated to Lot 2. Weston So lutions is also progressing with the remainder of Lhe project site to meet the terms defined in a S!A between the R WR and the City. The SIA defines those items that must be compl eted in order for the City to accept the project as a completed subdivision. The SlA includes Phase I which is required for Wazee's development as well as two other phases of development. Weston Solutions is ready to begin the installation of a sanitary sewer line to serve Lot 3 at a cost of approximately $40.000 to $63,000. The sewer line was originall y included in Phase 11 I to be installed at a later date. However, due to changes in the site plan, the sewer line wiU be buried in the public right-of-way. on Vance Street, instead of private property as originally planned. Lnstalling the sewer line now before Vance Street is fully constructed will save the project from additional expenses. Weston Solutions has requested and will receive a Notice to Proceed from RWR for Ph ase Tl of the development based upon the approval of this request. Phase II would complete the landscaping requirements of the S IA. TI1is includes all the landscaping along the new Vance Street, the western side of Upham Street. the frontage of 441h Avenue. erosion control in the detention pond, and landscaping and site improvements to th e Panda King property that were impacted due to construction. The contactor's estimate for Phase II is $334,278 but staff is in the process of va lu e engi neering this phase and believes it can redu ce the cost by approximately $80.000. Lastly, a portion of Phase I that was not funded from the sale of Lot 2 to Wazee Pa1tners is for the purchase and placement of pedestrian lighting along Vance Street that is being installed as part of Phase I in the amount of$87,000. The costs of the sani tary sewer line, Ph ase II landscaping, and the pedestrian lighting total $484,278. These improvements are critica l to moving the Town Center North project forward and compl eting all the elements of the SIA. RWR is requesting the City Counci l provide a no interest loan in the amount of $350,000 to the project for completion of the aforementioned work. Any expenses requ ired above the $350,000 loan would be funded by RWR. Cow1cil Action Fom1 June II , 2012 Page3 The loan would be fully repaid to the City upon the sale by RWR of e ither Lot 1 or Lot 3 or a combination of both. RWR has signed a purchase agreement w ilb Wazee Partners for Lot 3 in the amount of$925,000 for the construction of 6,000 square feel of retail and approximately 88- units of senior apartments. The sale is contingent upon Wazee receiving additional tax credits from the Colorado Housing and Finance Authority (CH F A). RWR and its marketing finn, David/Hicks/Lamperl, are actively marketing Lot I and hope to have it under contract this year. RWR currently receives l 00% of the sales tax generated from the Town Center project until 2014. TI1ese revenues average $25-$35 thousand per month. Those revenues are used to cover the debt service of the I M Bank loan made to Renewal Wheat Ridge to purchase the 9+ acres and are not sufficient to fund aJJ of the required improvements. lfU1e loan is not approved by City Council. the project at Town Center North will mos t likely cease until the needed funding can be secured. The Town Center Apartments could not receive their Certificate of Occupancy and RWR would be in breach of its contract with Wazee Partners. RECOMMENDATIONS: Staffreconunends the City Council approve the loan request from RWR. RECOMMENDED MOTION : "I move to approve Resolution No. 30-2012, a resolution amending the fiscal year 2012 general fund budget to reflect the approval of a supplemental budget appropriation in the an1ount of $350,000 to Renewal Wheat Ridge for the purpose of providing a loan for the Town Center North Project infrastructure im provements." Or, "1 move to postpone indefinitely Resolution No. 30-2012, a resolution amending the fiscal year 2012 genera l fund budget to reflect the approval of a supplemental budget appropriation in the amount of$350,000 to Renewal Wbeat Ridge for the purpose of providing a loan for the Town Center North Projec t Infrastructure Improvements for U1e following reason(s) ., REPORT PREPAREDIREVlEWED BY: Steve Art, Economic Development and Urban Renewal Manager Patrick Goff, City Manager and Executive Director ofRenewal Wheat Ridge ATTACHMENTS: I. Resolution No. 30-2012 CITY OF WHEAT RIDGE , COLORADO RESOLUTION NO . 30 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 $350,000 TO RENEWAL WHEAT RIDGE FOR THE PURPOSE OF PROVIDING A LOAN FOR THE TOWN CENTER NORTH PROJECT INFRASTRUCTURE IMPROVEMENTS WHEREAS , the City of Wheat Ridge has an established urban renewa l authority known as Renewal Wheat Ridge to eliminate blight and assist the City with economic development and revitalization efforts ; and WHEREAS , the citizens of Wheat Ridge will benefit from the improvements being made by the Town Center North Project ; and WHEREAS , Renewal Wheat Ridge does not have the capita l funding cu rrently needed to complete the required infrastructure improvements per the Subdivision Improvement Agreement (SIA) between the City and Renewal Wheat Ridge : WHEREAS , it is prudent to comp lete these infrastructure improvements in order to comply with the Purchase Agreement between Renewal Wheat Ridge and Wazee Partners , LLL P; and WHEREAS , the City of Wheat Ridge has the needed funding available in the General Fund undesignated reserves to make an interest free loan in the amount of $350 ,000 to Renewal Wheat Ridge for the completion of the required infrastructure improvements at the Town Center North Project ; and WHEREAS , the loan will be repaid in full to the City upon the sale of Lot 3 or the sale of Lot 1 or a combination of both . NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Whe at Ridge , Colorado, as follows: A. The City Council authorizes the supplemental budget appropriation to Renewal Wheat Ridge for the purpose of providing a loan for the infrastructure improvements for the Town Center North Project. B. The City Council authorizes the payment of $350 ,000 from the general fund undesignated reserves and amending the 2012 fiscal year budget accordingly. C. The loan terms will consist of an interest free loan and the loan is to be paid in full to the City upon the sale of Lot 1 or Lot 3 or a combination of both . Attachment 1 D. Approval of th is resolution by City Council will act as the loan agreement between the City of Wheat Ridge and Renewal Wheat Ridge . DONE AND RESOLVED this 11th day of June 2012. Jerry DiTullio , Mayor ATTEST: Janelle Shaver, City Clerk City Council Minutes May 14 , 2012 Page 5 Ms. Davis introduced Item 4 and read some background . The BDZ program has always been used on a limited and inconsistent basis . In response to recent inquiries from existing and potential businesses for inclusion into a BDZ district Council reached a consensus on April 16, 2012 to create a BDZ district encompassing the entire city . Motion by Ms . Davis to adopt Resolution No. 24-2012, a resolution designating the entire City of Wheat Ridge as a Business Development Zone pursuant to Code Section 22, Division 5 ; seconded by Mr. Stites; carried 7-0 ~ Approval of the written findings and decision in Case No. Sup-12-01 Wellspring Bible Church and deny the application for a Special Use Permit at 3010 Newland Street On April 23, 2012 the City Council voted to deny the application of the Wellspring Bible Church requesting a special use permit for a charter school as an accessory use . Moti on by Mr. Starker to approve the written findings and decision in Case No . SUP- 12-01 as submitted and deny the Special Use Permit for 3010 Newland Street; seconded by Mr. DeMott; carried 6-2, with Mr. Reinhart and Mr. Pond voting no . 6 . Resolution No. 26-2012 -requesting the Denver Regional Transportation District to maintain Bus Route 32 west of Wadsworth Boulevard At issue is RTD's proposed FASTRACKS service plan which calls for the termination of several bus routes in the southwest portion of the city, including Route 32 west of Wadsworth. This route serves some 80 students at Wheat Ridge High School so eliminating this route would be a tremendous hardship for those students and their parents . The RTD Board of Directors is scheduled to approve this West Corridor Service Plan at its May 22 , 2012 meeting . Motion by Mr. Pond to approve Resolution No . 26-2012-a resolution requesting Denver Regional Transportation District to maintain Bus Route 32 west of Wadsworth Boulevard with the addition of the following: Adding (the italicized) wording in the last 'Whereas" (as originally written) so that it reads : "WHEREAS the elimination of Route 32 service west of Wadsworth would be a tremendous hardship on the Wheat Ridge High School students and parents", and Adding a final "Whereas" to read as follows : "WHEREAS the elimination of Route 32 service west of Wadsworth will dramatically impact residents ' ability to commute to work or school in Denver". Seconded by Mr. Stites , carried 8-0. Copies of the resolution will be sent to all 15 RTD board members, including our area RTD representative, Matt Cohen . City Council Minutes May 14 , 2012 Page 6 CITY MANAGER'S MATTERS Mr. Goff reminded folks that there will be an emergency preparedness drill at Lutheran Hospital this Wednesday, May 16. Citizens need not be alarmed as it is only a test. Our police department will be participating. Mr. Goff also reported that work on the Gold Line will be starting in the next couple of weeks . Citizens should start to see some activity related to the project. CITY ATTORNEY'S MATTERS C ITY C L ERK MAT TERS City Clerk Shaver reminded people that the last day to register to be eligible to vote in this year's primary is Tuesday , May 29. People who would like to register or unaffiliated voters who would like to declare a party affiliation can do it in person at the Motor Vehicle office at 201h and Wadsworth or online . To register online citizens can go to the Jeffco Clerk 's website at www.votejeffco com or the Secretary of State 's website at www govotecolorado .com . There are also links to the Secretary of State 's registration site on the Wheat Ridge city website under Clerk or Elections. The date of the Primary is June 26, and it will be an all-mail-in ballot. ELEC TED OFFICIAL S ' MATTERS Ms. Davi s requested to look at the final 381h Avenue plan at a study session . At the town meeting for District I and II citizens had concerns about the bus pull-outs. She would also like to see the data RTD provided about the bus stops and pullouts. Moti on by Ms. Davis to review the final 381h Avenue Development Plan at a study session --especially the RTD stops and some of the numbers that backed up the decisions; seconded by Mr. Stites; carried 8-0 M r. Starker would like Council to settle two unresolved issues --the question of pre- meetings, and the subject of roadside memorials . Mr. Goff said discussion of pre- meetings is scheduled for June 4 . Concerning roadside memorials, Mr. Pond had sent out an email about this and is happy to brief Council about it at a study session . Mrs. Langworthy announced that Lutheran Hospital is having a safety fair this weekend, Saturday, May 19 , including fun events, car seat checks, and bicycle checks . M r. Stit e s encouraged folks to make sure their weeds get cut. It helps the looks of our city and anything over 12 inched might get a notice from code enforcement. Mrs. Jay announced an important meeting this Wednesday, 8 AM at the Rec Center. The public is welcome to come and offer input as the Leadership Committee narrows down the branding and marketing plan for West 381h Avenue . City Council Minutes May 14 , 2012 Page 7 Mr. Reinhart distributed to Council two proposed changes to the CML Policy Statement. One is a broad statement about education. The other is about the allocation of public funds for public transportation . He asked Council to relate any feedback they may have for him to take back to CML. Mayor DiTullio reported that a letter was sent out from the City , including the signatures of the R-1 superintendent and the Wheat Ridge High School principal, in opposition to the 32 bus route being discontinued or shortened . The Mayor also thanked the council members and other citizens who went to the fund raiser last weekend for the Jefferson Center for Mental Health . The Mayor said he has been approached by several area principals about the changing demographics of the schools to where up to 80% of the students are on free and reduced lunches. This affects test scores. The schools want to know what the city is doing to address these issues . The Mayor has spoken with the City Manager and they are setting up a meeting for principals to meet with city staff. The principals can share information about issues at the schools , and staff can update them on what is happening in Wheat Ridge and what programs we have. Enterprise Wheat Ridge will be included . It will be during the day and Council will be invited . The Mayor closed by relating that a lot of comments are coming in about all the new construction in Wheat Ridge . Meeting adjourned at 7:50 pm . APPROVED BY CITY COUNCIL ON June 11 , 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 .