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HomeMy WebLinkAboutCity Council Agenda Packet 03/09/2015CITY COUNCIL AGENDA: March 9, 2015 Page -2- CONSENT AGENDA con't e. Motion to Ratify Mayoral Appointment of Janice Thompson to the Wheat Ridge Housing Authority , term to expire March 2, 2020 PUBLIC HEARINGS AND ORDINANCES OF SECOND READING £. Council Bill No. 04-2015-approving the rezoning of 5130 Parfet from Planned Industrial Development (PI D) and Agricultural-One (A-1) to Industrial Employment (I-E) (Case No. WZ-14-15/Parfet Storage) ORDINANCES ON FIRST READING ~ Council Bill 07-2015-providing for the Sunset of the Animal Welfare and Control Commission DECISIONS, RESOLUTIONS AND MOTION 4. Motion to approve installation of a Traffic Calming Devise on Balsam Street between 39th Ave. and 41st Avenue in accordance with the Neighborhood Traffic Management Program 5. Resolution No . 18-2015 amending the fiscal year 2015 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $15,000 for the purpose of providing a donation to the Seniors ' Resource Center Phase II Facility Expansion Project 6. Motion to reconsider the February 23 , 2015 appointment of Kristine Disney to the Cultural Commission at-large position CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 23. 2015 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLLCALL OF MEMBERS Jerry DiTullio Bud Starker Zachary Urban Kristi Davis Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; other staff, guests and interested citizens . Councilmember Urban asked for a moment of silence to honor the passing of former Wheat Ridge City Councilman Anthony Fiasco. -Councilmember Urban noted that Tony served on the City Council from 1978-79 and again from 1983-1993. He passed away last Monday, February 16. Visitation will be this Sunday from 4-7 pm at Crown Hill Mortuary; the funeral will be Monday, March 2 at 11 :00 AM at 1350 Washington Street at St. John's Cathedral. His daughter can be contacted for questions . APPROVAL OF MINUTES of February 2, 2015 Study Session and February 9, 2015 Council Meeting Clerk Shaver reported the draft minutes for February 9 have been corrected to reflect that Councilmember DiTullio introduced Item #5 . There being no further corrections Mayor Jay declared the Minutes of the February 9, 2015 Regular Meeting and the Notes from the February 2, 2015 Study Session approved as delivered . PROCLAMATIONS AND CEREMONIES Recognition of Kent Davis Lifelong resident of Wheat Ridge, Kent Davis, has served the City in many ways over the years. He was on the City Council for 14 years, the Civil Service Commission for 10 years, the Housing Authority for 8 years, the Liquor Authority for 20 years , the Wheat Ridge Business District for 10 years, and the Wheat Ridge Carnation Festival. He was born and raised here and City Council Minutes February 23 , 2015 Page 2 has been a business and property owner. Mayor Jay presented Kent Davis with a Key to the City and thanked him for his years of service. His daughters were on hand to share the honoring of their father. Kent gave a few remarks on the early days of Wheat Ridge following incorporation noting the Civil Service Commission met at Davis Brothers ' Florists and City Hall was in a bank. CITIZENS' RIGHT TO SPEAK Colin Anonsen (no address) from Rep . Perlmutter's office announced a telephone town hall on March 11 from 7-8pm . This will be immediately followed by a Twitter Town Hall from 8:00-8:30pm. Details and registration are available at www .perlmutter.house .gov Monica Duran (WR) thanked Council for the $2,500 scholarship for Jefferson Center for Mental Health . JCMH will be having their Gala fund raiser on April 4. She provided an invitation for City Council. -She also invited the City staff and City Council to a community meeting that will be hosted by Councilmembers DiTullio and Urban on Wednesday , March 4 from 6:00-7 :30pm at the UFCW headquarters at 7760 W. 38th Avenue . The topic is will be the 38th & Wadsworth development and issues/questions related to the TIF and PIF . John McMillin (WR) addressed the Special Use Permit application for a tattoo shop that wants to locate at 3890 Kipl ing . As there are already seven tattoo shops in the City , he doesn't believe the driveway right next to the entrance of Everitt Middle School is an appropriate place for another one . This is not a use by right ; Council has the power to say no . He urged Council to give this careful consideration when it comes before them. Larry Matthews (WR) read from an article written by Westminster Councilman Bruce Baker that addresses the abuse of TIF-funded urban renewal that has developed over the years. Urban renewal was started to eliminate sub-standard housing, slums and blighted areas , but has become almost exclusively a tool for econom ic development and reinvention. -He left the article with the City Clerk if anyone would like to read it all. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 05-2015-An Ordinance adopting a new Section (16-160) of the Wheat Ridge Code of Laws requiring the payment of sex offender fees at the time of registration Councilmember DiTullio introduced Council Bill No. 05-2015. Some sex offenders neglect to pay either their initial registration fee ($75) or the annual reregistration fee ($25). In 2012 two persons failed to pay the annual $25 fee and $1,015 in initial registrations remains unpaid, resulting in lost revenue of $1 ,065 . -In 2013 two City Council Minutes February 23 , 2015 Page 3 persons failed to pay the annual $25 fee and $1 ,135 in initial registrations remains unpaid, resulting in lost revenue of $1 , 135 . In 2011 state statutes changed the pursuit of payment for outstanding fees from a criminal to a civil process ; as a result , registering jurisdictions have to sue in civil court for non-payment. Verbal requests for payment have been ineffective , particularly if the offender has moved out of the City . The proposed ordinance will allow the City to issue a summons to collect back fees. The proposed ordinance is similar to something the City of Brighton enacted about a year ago and it has been effective for them. Chief Brennan gave the staff presentation. Discussion and questions followed. • The registration will always take place whether the fee is paid or not. • The frequency of registration is determined by the severity of the offense . Some only register annually ; others must register quarterly. • Failure to pay may or may not be a violation of conditions of parole which would send the offender back to prison . Chief Brennan said the Police Department works closely with the Parole Officers and it is not the intent to return the offender to prison just for this . • Non-payment would follow the routine pena lty schedule for a misdemeanor, with a maximum penalty of $999 or 90 days in jail at the judge's discretion. • There are two ways to check the location of sex offenders. The CBI has an active list and there is SOTAR , a website the police use in collaboration with other jurisdictions to track sex offenders. Juveniles and low level offenders are not on public lists . WRPD also maintains a list of all registered sex offenders . Mayor Jay opened the public hearing . No one from the public was present to speak . Mayor Jay closed the public hearing . Cle rk Shaver assigned Ordinance 1566 . Motion by Councilmember DiTullio to approve Council Bill No. 05-2015 , an ordinance adopting a new Section (16-160) of the Wheat Ridge Code of Laws, requiring the payment of sex offender fees at the time of registration, on second reading and that it take effect fifteen days after final publication ; seconded by Councilmember Langworthy; carried 7-1 , with Council member Fitzgerald voting no. 2. Council Bill No. 06-2015-An Ordinance amending Section 16-156 of the Wheat Ridge Code of Laws concerning interference with Public Officers performing their duties Councilmember Fitzgerald introduced Council Bill No . 06-2015. City Council Minutes February 23, 2015 Page4 The Wheat Ridge Code of Laws defines and prohibits certain conduct that constitutes interference with an officer. Certain verbal abuse, threats, and refusal to provide identification are currently prohibited. This ordinance modifies certain sections of the Code to make them consistent with the current state of constitutional law. Clerk Shaver assigned Ordinance 1567. Mayor Jay opened the public hearing . Attorney Dahl briefly described the changes being made , including • Provides gender neutral wording for firefighters • Removes the section that prohibits threating speech , since speech in and of itself does not hinder public officers from performing their duties • Narrows the ability of the officer to require ID when there is probable cause There was no public comment. Mayor Jay closed the public hearing . Motion by Councilmember Fitzgerald to approve Council Bill No. 06-2015 , an ordinance amending Section 16-156 of the Wheat Ridge Code of Laws concerning interference with public officers performing their duties , on second reading, and that it take effect fifteen days after final publication; seconded by Councilmember DiTullio ; carried 8-0 . DECISIONS, RESOLUTIONS AND MOTIONS ~ Resolution 13-2015-A resolution approving an Intergovernmental Agreement for the Use and Maintenance of a Regional Criminal Justice Records Management System Councilmember Langworthy introduced Resolution 13-2015 . A regionalized criminal justice records management system in Jefferson County is being proposed to help the various jurisdictions deal with the expensive and recurring issues of upgrading and replacement of their systems. This regionalized system will allow for cost- sharing for top-tier systems . -The consortium consists of Arvada, Edgewater, Golden, Lakewood , Wheat Ridge and Mountain View. Chief Brennan noted this is a cost savings measure for the City which also improves our ability to share data . Our share of the costs is based on our number of sworn personnel. Motion by Councilmember Langworthy to approve Resolution No . 13-2015 , a resolution approving an Intergovernmental Agreement for the use and maintenance of a regional criminal justice records management system ; seconded by Councilmember Pond Wooden; carried 8-0 . City Council Minutes February 23 , 2015 Page 5 4. Resolution 14-2015 -A resolution in support of Senate Bill15-177 to fix barriers to attainable and affordable housing Councilmember Starker introduced Resolution 14-2015. Senate Bill 177 addresses the growing number of lawsuits over construction defects for owner-occupied multi-fam ily housing (condos). There was no staff report. Motion by Councilmember Starker to approve Resolution No. 14-2015 , a resolution in support of Senate Bill 15-177 to fix barriers to attainable and affordable housing; seconded by Councilmember Urban ; Discussion followed. Some councilmembers had comments. • It is hoped this sends a clear message to the General Assembly to take action. • It has been 2005 since any condos have been built in Wheat Ridge. • Should the legislation fail to act, Mr. Dahl said we can act fairly quickly to pass a version of a similar Lakewood ordinance that achieves the same purpose . Motion carried 8-0 . 5. Motion to approve Board and Commission appointments Councilmember Davis introduced Item #5 . Motion by Councilmember Davis to approve the following appo intments in District 1, all terms to end March 2, 2018 : Dan Bradford to the Board of Adjustments, David Feiertag to the Parks & Recreation Commission, Ron Gehauf to the Cultural Commission , Dirk Boden to the Planning Commission , Carolyn Peterson to the Liquor Authority, seconded by Councilmember Starker; carried 8-0. Motion by Councilmember Davis to approve the following appointments in District 2, all terms to end March 2, 2018 : Jill Shannon to the Cultural Commission, Charles Spielman to the Parks & Recreation Comm ission , Elizabeth Nazarenus to the Liquor Authority; seconded by Councilmember Urban ; carried 8-0 . Motion by Councilmember Davis to approve the following appointments in District 3, all terms to end March 2, 2018 : Michael lllo to the Cultural Comm ission , Janet Bell to the Board of Adjustments, Ronald Abo to the Building Code advisory Board , Amanda Weaver to the Planning Comm ission , City Council Minutes February 23 , 2015 Paul Shaver to the Liquor Authority, Guy Nahmiach to the Parks & recreation Commission ; seconded by Councilmember Pond ; carried 8-0 Page 6 Motion by Councilmember Davis to approve the following appointments in District 4, all terms to end March 2, 2018 : Sandra Hagevik to the Cultural Commission , term ending March 2, 2017 , Sandra Nance to the Cultural Commission , term ending March 2, 2018, Claudia Worth to the Liquor Authority, term ending March 2, 2016 , Bruce Mcintyre to the Liquor Authority, term ending March 2, 2018 , and Pam Olson to the Planning Commission , term ending March 2, 2018 ; seconded by Councilmember Wooden; carried 8-0. Councilmember Davis announced there are still vacancies in District 4 on the Building Code Advisory Board and the Board of Adjustments. Folks interested in applying for those positions should contact the City Clerk 's office. Motion by Councilmember Davis to approve the following appointments , terms ending March 2, 2018: Tracy Langworthy (by mayoral appointment) to the Housing Authority, and Kristine Disney to the At-Large position on the Cu ltural Commission ; seconded by Councilmember Starker; carried 8-0. PRESENTATIONS Communications Center Regionalization Chief Brennan introduced Brian Wilkerson of Revolution Advisors who gave an overview of the plan for regionalization of 911 services in Jefferson County--an effort to provide better service to citizens and save money. Jeff Irvin from Jefferson County Emergency Communication was also available for questions . • Jefferson County Regional Communications Center (JCRCC) will be housed at the West Metro Fire communications center. The space is very adequate . Anticipated benefits include (partial list): reduced hold times and abandon rates, improved response times , right resources being dispatched , reduced transfers and misdirected calls , reduced cost , standardization for processes , additional career paths The governing board for this separate entity will include the Jefferson County Sheriff, police chiefs from Arvada , Golden , Lakewood , and Wheat Ridge , and fire chiefs from Arvada , Evergreen and West Metro. Other agencies served (such as Wheat Ridge Fire) will participate on operations committees. • All current employees will have a position . • HR, payroll, benefits, etc. will be outsourced. • The total annual operating budget is $16.8 • Transition is expected to take 16 months . • There 's a possibility of bringing in other agencies , such as the school district City Council Minutes February 23 , 2015 Page 7 From Council questions and discussion : • Budget figures are conservative. • Citizens are encouraged to go to the website www.smart911.com to register their phones. • Each agency is still addressing how it will handle administrative calls (non- emergency) • The agencies on the governing board are those agencies that currently have call centers . • Employees will be employed by the authority-not the member jurisdictions. • Chief Brennan indicated the City will be paying 24% less for the same service. • An IGA will be coming to Council in the next couple months . CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS In light of comments made earlier in the evening about a pending Special Use Permit Mr. Dahl reminded Council that Special Use Permits are quasi-judicia l. He cautioned councilmembers not to prejudge the application from testimony or information they receive before the public hearing . ELECTED OFFICIALS' MATTERS George Pond announced that he and Tim Fitzgerald will be hosting Coffee with Councilmen on Saturday, March 7. Time and location are yet to be determined and will be publicized on the website and via email. Jerry DiTullio reminded everyone that spring break at the high school starts March 23. -He also announced that students will be planting trees in the Greenbelt again this year on April17. He will be asking Councilmembers for donations from their Outreach Funds for additional trees and plantings . Zach Urban inquired about the Urban Land Institute presentation that was made and what the next steps are with regard to informing citizens about the recommendations. - Mr. Goff said the presentation was about the commuter rail station and market feasibility for that area. Staff doesn't believe we will have to recreate anything -likely just refocus some of our planning for primary employment opportunities with some residential. Recommendations to Council will come in the future . Joyce Jay announced her next Mayor's Coffee will be on March 7 at Karebear Bakery at 9AM . Genevieve Wooden noted the Wheat Ridge High School musica l, "Oklahoma ", will be th is weekend , February 27-28, and again on March 5-7 . Tickets are $12 . Council Action Form-Police Patrol Motorcycle Purchase March 9, 2015 Page2 BACKGROUND: Unit #7, the existing motorcycle to be replaced , is a 2008 Harley Davidson Electra-Glide police patrol motorcycle. The original purchase price was $23,167. The current odometer reading is approximately 25 ,000 miles . The City's current replacement criterion for a police patrol motorcycle is 30,000 miles and/or five years of service. The cun·ent condition of the motorcycle and the reliability of service is rated as average, based upon vehicle life maintenance and repair costs totaling approximately $4 ,000. Outside bids were requested because this motorcycle is not offered through the Colorado Pricing Agreement or the Multiple Assembly of Procurement Officials (MAPO). Bids received for RFB-15-08, BMW Police Patrol Motorcycle were opened on Tuesday, February 24 ,2015. Two bids were received. The apparent low, fully-responsive bidder is Foothills BMW Triumph Motorcycles of Lakewood, Colorado. The estimated cost of auxiliary equipment, markings, decals and miscellaneous items for the motorcycle is $7 ,000. The existing motorcycle being replaced will be disposed of by auction . RECOMMENDATIONS: Based upon the compliance with bid specifications, staff recommends award to the low bidder, Foothills BMW Triumph Motorcycles. RECOMMENDED MOTION: "I move to award RFB-15-08 , BMW Police Patrol Motorcycle to Foothills BMW Triumph Motorcycles of Lakewood, Colorado for a total cost of $24,658.13 , with an additional $7 ,000 for purchase and installation of required equipment." Or, "I move to deny award ofRFB-15-08 , BMW Police Patrol Motorcycle for the following reason(s): REPORT PREPARED/REVIEWED BY: Greg Knudson , Operations Manager Scott Brink, Public Works Director Jennifer Nellis , Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tab Summaries " Council Action Form -IGA for Shared Radio Communications System March 9, 2015 Page 2 FINANC IAL IM PACT : Costs for radio system and agency equipment maintenance and the Mount Morrison site lease are identical to the current radio system IGA between Wheat Ridge and the WMFPD, and will not have any additional financial impact to Wheat Ridge. BAC KGRO UN D: Lakewood, Wheat Ridge and the WMFPD all utilize P25 radio communications systems supplied by the Harris Corporation , and share the infrastructure equipment , software, frequencies, and maintenance costs to support the system . The three entities have leveraged their authorized grant funding and related communications purchases to provide a reliable , sustainable communications system to enhance public safety, homeland security, and communications interoperability. All parties shall be ensured of long-tenn security as to this agreement. Lakewood has a Radio Communications Division to provide communications services to its Police Department and the City of Lakewood's non-public safety entities. The WMFPD and Wheat Ridge have a need for a higher level of communications technical ass istance, and Lakewood is willing to provide the assistance of its Radio Communications Division. The WMFPD and Wheat Ridge agree to pay their share of the teclmical services, and the annual Mount Morrison radio site lease would be split evenly between the two entities. RECO MMEN DAT IO NS : Staff recommends approving the IGA between the City of Lakewood , the City of Wheat Ridge, and the WMFPD for the use and maintenance of a shared radio communications system. RE CO MMEN DED M OTION: "I move to approve Resolution No. 16-20 15, a resolution approving an intergovernmental agreement between the City of Lakewood, the City of Wheat Ridge and the West Metro Fire Protection District for the use and maintenance of a shared radio communications system." Or, "I move to postpone indefinitely Resolution No. 16-2015 , a resolution approving an agreement between the City of Lakewood , the City of Wheat Ridge and the West Metro Fire Protection District for the use and maintenance of a shared radio communications system for the following reason(s) " REPORT PREPA RED /R EV IEWED BY: Larry Stodden , Communications Manager Daniel G. Brennan , ChiefofPolice Patrick Goff, City Manager ATTACHMEN TS : I. Resolution No. 16-2015 2. Letter of Agreement, dated May 21,2010 3. Proposed Intergovernmental Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 16 Series of 2015 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE AND THE WEST METRO FIRE PROTECTION DISTRICT FOR THE USE AND MAINTENANCE OF A SHARED RADIO COMMUNICATIONS SYSTEM WHEREAS, pursuant to C.R.S. § 29-1-203, the Colorado cities of Wheat Ridge, Lakewood, and the West Metro Fire Protection District, are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility; and WHEREAS, each of the parties is engaged in emergency response and other public safety functions that rely on radio communications systems; and WHEREAS, public safety and first responder radio communications systems consist of electronic network switching equipment, microwave equipment, fixed hardware components, terminal equipment, mobile and portable radios, tower facilities, and computer software, among other things; and WHEREAS , currently, Lakewood shares and has joint and equal ownership with Wheat Ridge and West Metro Fire Protection District, of a P25 radio communications system with facilities, maintained by Lakewood, located in and around each entity's respective jurisdictions; and WHEREAS, said jurisdictions wish to enter into an intergovernmental agreement to set forth the rights and responsibilities of each party concerning the shared P25 radio system; and WHEREAS, in accordance with Section 14.2 of the City 's Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The intergovernmental agreement by and among the City of Lakewood, the City of Wheat Ridge , and the West Metro Fire Protection District regarding the use and maintenance of a shared radio communications system, attached to this resolution and incorporated herein by reference, is hereby approved. The Mayor and City Clerk are authorized to execute the same. DONE AND RESOLVED this gTH day of March 2015. Attachment 1 AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE AND THE WEST METRO FIRE PROTECTION DISTRICT FOR THE USE AND MAINTENANCE OF A SHARED RADIO COMMUNICATIONS SYSTEM THIS AGREEMENT ("Agreement") is by and between the City of Lakewood , a Colorado municipal corporation, on behalf of the City and the Lakewood Police Department ("Lakewood" or "LPD "); the City of Wheat Ridge, a Colorado municipal corporation, on behalf of the Wheat Ridge Police Department ("Wheat Ridge" or "WRPD "); and the West Metro Fire Protection District ("West Metro") . WITNESSETH WHEREAS, C.R.S. § 29-1-203 , as amended, permits and encourages local governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other local governments in order to provide any lawfully authorized function , service, or facility ; and WHEREAS , each of the Parties is engaged in emergency response and other public safety functions that rely on radio communications systems; and WHEREAS, public safety and first responder radio communications systems consist of electronic network switching equipment, microwave equipment, fixed hardware components, terminal equipment, mobile and portable radios , tower facilities , and computer software, among other things; and WHEREAS , currently, Lakewood shares and has joint and equal ownership with Wheat Ridge and West Metro a P25 radio communication system maintained by Lakewood with facilities located in and around its respective jurisdiction, specifically Mount Morrison and Green Mountain; and WHEREAS , the Parties wish to enter into this Agreement to set forth the rights and responsibilities of each Party concerning the P25 radio system; and WHEREAS, the Parties may, in the future , wish to allow other agencies or entities to join as Partner Agencies to this Agreement, and to allow other agencies or entities to use a Party's individual radio communications system under the terms and conditions set forth herein; and WHEREAS , the establishment and maintenance of the P25 radio system will promote the public safety and general wei fare of the residents of the City of Lakewood, the City of Wheat Ridge and the West Metro Fire Protection District; and Attachment 3 NOW, THEREFORE, in consideration of the above and the mutual covenants made herein , the Parties agree as follows: 1.0 BACKGROUND INFORMATION. 1.1 Lakewood , Wheat Ridge and West Metro all utilize Project 25 ("P25") radio communications systems supplied by Harris and share the infrastructure equipment, software, frequencies , and maintenance costs to support the "system ". The three Parties have leveraged their authorized grant funding and related communications purchases to provide a reliable, sustainable, communications system to enhance public safety, homeland security, and communications interoperability among the Parties. All Parties shall be ensured of long-term security as to this Agreement. 1.2 Lakewood has a Radio Communications Division to provide communications s ervices to Lakewood 's Police Department and non-public safety entities. West Metro and Wheat Ridge have a need for communications teclmical assistance parallel to Lakewood. Lakewood is willing to provide the technical services of its Radio Communications Division . West Metro and Wheat Ridge agree to pay their share of the costs associated with the services to be provided by the Radio Communications Division split evenly between West Metro and Wheat Ridge . Further, West Metro and Wheat Ridge are willing to provide full use of their infrastructure, frequencies , and associated communications equipment, at no cost to Lakewood , as part of this Agreement. 2.0 TERMS AND CONDITIONS 2.1 System Equipment/Frequencies. Under the previous "agreement-in- principle" established on May 21 ,2010, the following was established: • Wheat Ridge has possession of six (6) FCC licensed 800 MHz frequencies for their its use at Mt. Morrison. • Wheat Ridge agrees to pennit the use of its six licensed 800 MHz frequencies for the shared radio system at the Mt. Morrison radio site. • West Metro Fire owns all radio hardware located on Mt. Morrison . • Wheat Ridge and West Metro both agree to permit Lakewood to utilize the P25 site at Mount Morrison for radio communications. • Lakewood owns all radio hardware located on Green Mountain . • Lakewood agrees to permit West Metro and the City of Wheat Ridge to utilize the P25site at Green Mountain . • Lakewood has licensed three (3) 800 MHz frequencies for unified communications to be shared among the three entities at Mount Morrison on the behalf of West Metro. These frequencies are West Metro possessions . 2 • Lakewood has licensed eight (8) frequencies for unified 800 MHz communi cations to be shared among the three entities at Green Mountain. These frequencies are Lakewood possessions. 2.2 Core Equipment/Facilities. • West Metro currently houses the Regional Shared Core at its Administration building and agrees to continue doing so under this Agreement: at no cost to Wheat Ridge and/or Lakewood. • All Parties acknowledge that the Shared Core and all related communications, network and microwave equipment housed at the West Metro Administration building is equally owned between West Metro and Lakewood. • West Metro currently provides space, facilities , support, and security for shared infrastructure and microwave equipment at its Administration building and agrees to continue doing so under this Agreement: at no cost to Wheat Ridge and/or Lakewood. • West Metro currently provides one office for use by Lakewood technical staff and agrees to continue doing so under this Agreement at no cost to Lakewood or Wheat Ridge. • West Metro agrees to provide 2417 access to the radio equipment areas for Lakewood radio technicians for system and equipment servicing: emergency and non-emergency. 2.3 Technical Service/Operations. • The employees of the Radio Communications Division shall be Lakewood employees , subject to Lakewood management, personnel rules and policies. • The Parties agree that radio system technician(s) shall be provided by Lakewood and made available on a 2417 basis to service West Metro and Wheat Ridge communications and communications emergencies. • Response times shall be as follows: • Priority 1: within one hour of call out. Examples include two or more repeater channels non-functional at any tower site, two or more dispatch consoles non-functional at a Lakewood or West Metro communications center or, one console at a Wheat Ridge communications center. • Priority 2: within one working day. Examples include one dispatch console non-functional , a DAS inoperable. Specific to Wheat Ridge , a marked unit needing s erving for a radio specific issue . • Priority 3: usually within two working days . Examples include individual equipment repair, special equipment servicing requests. 3 • Services to be performed by Lakewood's technicians include system repairs , diagnostics, maintenance, programming, troubleshooting, and related technical work regarding communications system equipment, inclusive training of system users on an occasional basis. • The Parties agree that Lakewood shall monitor the communication's system loading and when said loading reaches 40% of total capacity during non-peak radio usage hours, or 60% of total capacity during peak radio usage hours , no Party will be pem1itted any additions of radios to the communications system unless mutually agreed to , in writing, by all Parties. 2.4 Annual System and Maintenance Costs: West Metro and Wheat Ridge. • $103,452 .68 (baseline for year 2014) to the Lakewood Radio Communications Division for radio labor, vehicles , fuel , maintenance, specialized equipment repair, tools and test equipment; costs to be shared equally between West Metro and Wheat Ridge . • A "not to exceed" 5% annual increase specific to the costs identified in the first paragraph of this section 2.4. • One-half Harris annual FX maintenance agreement divided equally between West Metro and Wheat Ridge. Costs additional and separate from those identified in the first paragraph of this section 2.4. • Mount Morrison yearly site lease costs divided equally between Wheat Ridge and West Metro. • Overtime shall be invoiced separately at one and one-half the hourly rate directly to the effected Party. • Repair and replacement parts shall be invoiced separately and on an intervallic basis directly to the effected Party. • Billing to the Parties shall be the first month of the year and payment shall be within 60 days of the date of the invoice. Electronic billing is acceptable to all Parties. 2.5 No separate entity created. It is understood and agreed that this Agreement is intended to facilitate cooperation among the Parties in the provision of radio communications services but does not establish a separate legal entity to do so , and except as expressly set forth herein , this Agreement does not authorize any Party to act for any purpose whatsoever, nor does this Agreement establish any employee of any Party as an agent of any other Party for any purpose whatsoever. This Agreement provides only for the sharing of in-kind services and costs by the Parties toward the common mutual goal of the creation and maintenance of a shared radio communications system. 4 2.6 Joint Action. The Parties agree that any system upgrade or communications equipment purchase benefiting the Parties , and agreed to in writing by the Parties , shall be cost shared equally among the Parties. Further, the Parties agree that in event of any system upgrade or communications equipment purchase benefiting only one Party, said Party shall be solely responsible for all related costs. Such upgrade shall not diminish the communications operations or capability of the non- participating entity, or entities, during or after the upgrade. 2.7 Appropriation. The Parties' obligations under this Agreement are expressly subject to annual appropriation being made by each Party in an amount sufficient to allow the Parties to perform their obligations under this Agreement. If adequate funds are not appropriated , this Agreement may be terminated by a Party without penalty. The Parties ' obligations under this Agreement do not constitute a general obligation indebtedness or multiple year direct or indirect debt or other financial obligation whatsoever within the meaning of the Constitution or laws of the State of Colorado. All Parties are prohibited by law from making fiscal commitments beyond the term of their current fiscal period. It is the intent of the Parties that this Agreement shall be for an initial term of twenty years , dependent upon yearly appropriation of the necessary funds. Wheat Ridge and West Metro shall notify Lakewood by November 1st of each year if funds have not been appropriated for the purposes of this Agreement. The "services" portion of this Agreement shall tenninate on December 31 st of the same year after which notification of non- appropriation has occurred specific to the Party so notifying. However, the Parties agree that for the 24-month period following notification of non- appropriation , Wheat Ridge frequencies shall remain in use at the Mount Morrison site, and Wheat Ridge shall retain the right to utilize Mount Morrison for radio communications purposes only; otherwise this Agreement shall remain in full force and effect. 2.8 Indemnification. No Party shall be responsible for any related conditions , warranties , billings , and representations , expressed or implied, among parties except as herein set forth. Each Party is a public entity and no Party wai ves the obligations or benefits afforded it by the Colorado Go vernmental Immunity Act, C.R.S. § 24-10-101 , et seq. 2.9 Termination of Agreement. Notwithstanding the annual appropriations identified in paragraph 2.7 , this Intergov ernmental Agreement may be terminated upon 24-months ' notice , in writing, by one Party to the others. In event of such notice, equipment owned by the individual Parties shall remain the sole responsibility of that Party. Specific to Shared Core Equipment; any Party may offer to purchase the other Party 's interest in the Shared Core Equipment. No Party is obligated to purchase said 5 Equipment. The purchase price of the Shared Core Equipment at the time of tennination shall be based upon the value of the proportional remaining life of said Equipment. If no Party wishes to continue ownership of the Shared Core Equipment, the Shared Core Equipment may be sold to third parties in accordance with each Party's rules governing such sales, with each Party recouping its proportional share of its investment. All Parties shall be responsible for the removal and disposal of Shared Core Equipment, which no Party desires to remove . In event of any disagreement between or among the Parties , the Parties agree to resolve the dispute according to the terms of this Agreement. 3.0 FUTURE PARTNER AGENCIES 3.1 Adding Partner Agencies. Notwithstanding any provisions to the contrary, the Parties to this Agreement may, by unanimous written agreement of all the Chiefs , agree to authorize other governmental or quasi-go vernmental agencies or entities to become Partner Agencies. Before any such decision by the Chiefs is made, the Agency Administrators will meet to discuss the potential impact of adding additional Partner Agencies to this Agreement and will advise the Chiefs on the impact of adding other agencies or entities as Partner Agencies to this Agreement. Future authorized Partner Agencies will share equally in all costs associated with the Radio System as set forth in this Agreement. Any Equipment may be utilized by any future Partner Agency in accordance with the tenns set forth in this Agreement for Partner Agencies . 4.0 DISPUTES 4.1 Dispute Resolution. Any issue relating to this Agreement will be referred to the Agency Administrators for initial resolution. The Agency Administrators are authorized to resolve any issue or dispute by majority vote, with each Agency Administrator having one vote. Should the Agency Administrators be unable to resolve the issue , the Agency Administrators will refer the issue to the Chiefs . In addition , any individual Agency Administrator may refer an issue to the Chiefs for dispute resolution. The Chiefs are authorized to resolve the dispute by majority vote with each Chief having one vote. 4.2 Arbitration. In the event of a dispute between two or more Parties that cannot be resolved by the Chiefs , the effected Partner Agencies may avail themselves of arbitration services provided by a mutually agreed upon arbitration services provider. Should arbitration occur, said costs shall be shared equally by each party to the arbitration. 5.0 DEFINITIONS. In addition to the terms defined elsewhere in this Agreement, the following definitions shall apply: 6 Agency Administrator(s) means the employee(s) designated by each Partner Agency in writing to be responsible for the day-to-day administration of that Party's individual radio communications system and of this Agreement. Each Party will make its best efforts to communicate to the other the name and contact information of this designated employee. Chiefs means collectively the LPD Chief of Police, the WRPD Chief of Police and the Chief of West Metro. Core means the electronic backbone of the radio communications system consisting of a shared network switching center housed primarily in Denver and Lakewood and is more fully described below. Equipment means those items described in subsection 2.2 of this Agreement and includes any replacement equipment or new equipment or components made necessary due to technological or other advances in radio communications. It also includes Core Software and any upgrades thereto. Partner Agency means Lakewood , Wheat Ridge and West Metro or any agency or entity that in the future becomes a party to this Agreement. Partner Agency Equipment means the components of each Partner Agency's individual radio communications system that are purchased separately by that Partner Agency, maintained at that Partner Agency's expense, and necessary to support that Partner Agency's connection to the system pursuant to this Agreement. This may include, but is not limited to , each Partner Agency's fixed hardware including dispatch consoles, microwave equipment, terminal equipment, mobile and portable radio equipment, towers and related facilities and appurtenances , and software necessary to maintain connectivity to the system or to Users. Radio System means the P25 Harris Radio System currently being shared by the Partner Agencies. This system consists of all the equipment necessary to provide and support the provision of radio communications for the Partner Agencies currently located at the Mount Morrison and Green Mountain sites. Software means computer programs licensed for use by Harris Corporation ("Harris") to the Parties in operating the Radio System and any updates thereto or successor versions or releases thereof. Maintenance and support services for the Software may be referred to as "Software FX." 7 Shared Core/Partn er Age ncy Equipm ent means an item of Core Equipment that is utilized as an important component piece of one Partner Agency's individual radio communications system and that has been designated by the Agency Radio Communication Systems (RCS) Administrators as Shared Core/Partner Agency Equipment. As an example, certain microwave equipment could be utilized as part of the Core Equipment but also serve an important function as one Partner Agency 's microwave hop for that Partner Agency 's individual radio communications system . Us er means any emergency services provider agency or entity that is currently allowed , pursuant to the terms and conditions of this Agreement , to utilize or access any Partner Agency's individual radio communications system , including Core Equipment, or any agency or entity that in the future becomes an authorized User of a Partner Agency 's individual radio communications system. 8 6.0 ACCEPTANCE AND APPROVAL 6.1 Points of Contact CPOC). The following individuals will be involved with the administration ofthis Agreement. In the event any designated POC changes , the changing Party agrees to notify the other Parties. Wheat Ridge Main Contact: Larry Stodden Police Communications Manager 7500 W. 29th Avenue Wheat Ridge , Colorado 80215-6713 Telephone Number: 303-235-2937 Email: stodden @ci.wheatridge.co.us West Metro Main Contact: Mike Murphy Deputy Chief, Communications 433 S. Allison Parkway Lakewood , Colorado 80226 Telephone Number: 303-989-4307 x447 Email: mmurphy@westrnetrofire.org Lakewood Contact: Steve Kabelis Radio Division Manager 445 S. Allison Parkway Lakewood , Colorado 80226 Telephone Number: 303-987-7354 Email: stekab @lakewoodco.org 6.2 Applicable Law. This Agreement shall be interpreted under Colorado law. IN WITNESS WHEREOF , the Parties have caused this Agreement to be executed as of this day and year __ _ APPROVED AS TO FORM: ATTEST: CITY OF WHEAT RIDGE Signed: __________ _ Name: Joyce Jay Title: Mayor 9 Council Action Form -Wood Chipper Replacement March 9, 2015 Page2 unit to complete daily operations . Staff recommends replacement due to the high level of usage , age of the equipment, and maintenance and rental costs . Three bids were received on February 24 , 2015. The lowest bid was quoted by Altec Industries; however, the unit is not available for demonstration , and does not meet the specifications for the following reasons: low engine horse power, small material capacity, fuel capacity, tire size, feed rate , dual feed roller, upper feed bar four position , drum diameter and width , no optional winch, and feed rate. And , there is no local service provider. In the past year the staff has rented a Venneer wood chipper and is familiar and satisfied with the equipment capabilities and options of the Vermeer BC1500. RECO MMEN DATION S: Staff recommends replacement of the existing chipper to prevent further delays of work schedules due to down time and costs for repairs and recommend s purchase of a Vermeer BC1500 in the amount of$57,558. REC OMMENDED M OTIO N: "I move to approve payment to Venneer Sales & Service of Colorado , Inc ., Commerce City, CO, in the amount of$57,558 for one Vermeer BC1500 Bru sh/Wood Chipper." Or, "I move to deny payment to Vermeer Sales & Service of Colorado , Inc. Commerce City, CO, in the amount of$57 ,558 for one Venneer BC1500 Brush/Wood Chipper." REPORT PREPARED/REVl EWED BY: Mark Ruote, Park Project Coordinator Rick Murray, Parks , Forestry and Open Space Manager Joyce Manwaring, Director of Parks and Recreation Je1mifer Nellis , Purchasin g Agent Patrick Goff, City Manager ATTAC H MENTS: 1. Brush/Wood Chipper Bid Tab Sheet Council Action Fonn-J-FON Policy Statement March 9, 2015 Page2 ex1stmg grant. The Policy Statement does mention a provision for an annual fee for maintenance costs for participating entities ; however, at this time JCECA has agreed to pay costs related to maintenance and operation . Any unanticipated future costs would be minimal , compared to the potential costs to build a separate fiber network. BACKGROUND: J-FON was created to oversee the development of this fiber optic network. The fiber optic network has been installed through the West Line , and is currently being installed along the Gold Line as construction occurs. JCECA's goal is to attract governmental entities to join J-FON. The adoption of this policy will allow the City of Wheat Ridge priority access to this network for emergency 911 and public safety use at some point in the near future , either through the Gold Line or West Line. Excess capacity may be utilized for other public government entity purposes approved by the J-FON committee, including the new Regional Records Management System , the current Municipal Court Video Arraignment System, COPLINK and the proposed Jefferson County Regional Communications Center. The site containing the above mentioned fiber optic is known as The West Corridor Plant. The West Corridor Plant was primarily funded through a federal BTOP grant awarded to ADCOM in 2010. JCECA has obligations and duties to manage and operate J-FON in accordance with the funding JGA between JCECA , ADCOM and the City and County of Denver. Only governmental entities may become participating entities , or use or connect to J-FON. Each participating entity will appoint a representative to serve on the J-FON operating committee. J-FON will focus on policy and operational issues related to the activities of J-FON , and make recommendations to JCECA for maintenance, use , fiber allocation, and other services related to the successful operation of J-FON. RECOMMENDATIONS: Staff recommends approval of the J-FON Policy Statement and the City's participation as a member of the J-FON committee. RECOMMENDED MOTION: "I move to approve Resolution No . 15-2015 , a resolution authorizing the City of Wheat Ridge to become a participating entity in the Jefferson County Public Safety Fiber Optic Network and approving the Policy Statement of the Network." Or, "I move to postpone indefinitely Resolution No.l5-2015, a resolution authorizing the City of Wheat Ridge to become a participating entity in the Jefferson County Public Safety Fiber Optic Network and approving the Policy Statement of the Network for the following reason(s) " Council Action Form -J-FON Policy Statement March 9, 2015 Page 3 REPORT PREPARED/REVIEWED BY: Larry Stodden, Communications Manager Dave Pickett, Acting Division Chief Support Services Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 15-2015 2. J-FON Policy Statement CITY OF WHEAT RIDGE, COLORADO RESOLUTION N0.1§ Series of 2015 TITLE: A RESOLUTION AUTHORIZING THE CITY OF WHEAT RIDGE TO BECOME A PARTICIPATING ENTITY IN THE JEFFERSON COUNTY PUBLIC SAFETY FIBER OPTIC NETWORK, AND APPROVING THE POLICY STATEMENT OF THE NETWORK WHEREAS , the Jefferson County Communications Authority (JCECA) is a legal entity organized pursuant to C.R.S. §29-11-100 .5, et. seq . to assist the Broomfield and Jefferson Counties' public safety answering points (PSAPs) with providing emergency dispatching services to the residents within their jurisdictions; and , WHEREAS, JCECA is the owner of the Jefferson County Public Safety Fiber Optic Network ("J-FON"), which is a high speed communications network that connects various governmental entities for the purpose of 911, public safety related communications and other governmental purposes; and, WHEREAS, JCECA was a sub-recipient of a Broadband Technology and Opportunities Program (STOP) grant awarded to the Adams County Communications Center, Inc. and is therefore subject to multiple restrictions on the use of the fiber; and, WHEREAS , JCECA has adopted a Policy Statement to govern the terms and conditions of use of J-FON , which outline the regulations for operating and maintaining J-FON , including the terms under which other governmental entities may gain access to and use J-FON (Policy Statement); and, WHEREAS, the Policy Statement requires any governmental entity that wishes to use J-FON , adopt and approve the Policy Statement; and , WHEREAS , the City Council for the City of Wheat Ridge (the City) finds that access to J-FON would further the public health , safety and welfare of Wheat Ridge residents by providing high-speed connectivity between the City and other governmental entities for purposes of providing 911, public safety and other governmental services ; and , WHEREAS, each of the governmental entities that operate a PSAP will have an employee as a member of the J-FON Operating Committee , which establishes the policy and operating procedures for the fiber use and maintenance; and , WHEREAS , the City of Wheat Ridge further finds that obtaining access to a high-speed fiber optic network pursuant to a cooperative arrangement , such as Attachment 1 is proposed in the Policy Statement, would cost less than constructing such a network itself; and , WHEREAS, pursuant to C.R.S. § 29-1-203 , the City is authorized to enter into cooperative agreements with other governmental entities; and , WHEREAS , in accordance with Section 14.2 of the City's Home Rule Charter, the City Council wishes to approve the Policy Statement by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado , as follows: The Policy Statement for the Jefferson County Public Safety Fiber Optic Network, attached to this Resolution and incorporated herein by reference , is hereby approved. The City Manager and Chief of Police are authorized to perform any administrative act necessary to designate the City of Wheat Ridge as a "Participating Entity" under the terms of the Policy Statement. DONE AND RESOLVED this 9th day of March , 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 2 J EFFERSON COUNTY EMERGE CY COMMU ICATIO S A UT HORITY POLICY STATEMENT FOR THE JEFFERSON COUNTY PUBLIC SAFETY FIBER OPTIC NETWORK ADOPTED JANUARY 16,2014 BY THE JEFFERSON COUNTY EMERGENCY COMMUNICATIONS AUTHORITY Attachment 2 Poli cy Stat ement for th e Jefferson Co unty Public Safety Fib er Optic etwork D EFIN I TIO NS I. Definitions . The following tenns have the meanings ascribed to them : a. "Account" shall mean a separate, insured , interest-bearing account owned by JCECA (defined below) which will be used for the operation and maintenance of J-FON (defined below) and may be funded by Annual Fees (defined below) voluntarily contributed by Participating Entities (defined below); b. "ADCOM " shall mean the Adams County Communications Center, Inc.; c. "Annual Fee'" shall mean an annual fee voluntarily contributed by the Participating Entities to JCECA , which shall be held in the Account and used to operate and maintain J-FON ; d. "Committee" shall mean the J-FON Operating Committee ; e. "Controlling Terms and Conditions·· shall mean article II , section 2 of the Funding IGA (defined below). f. "Denver" shall mean the City and County of Denver; g. "Funding IGA " shall mean the agreement between JCECA , ADCOM , and Denver titled the "Intergovernmental Agreement Between Jefferson County Emergency Communications Authority, the City and County of Denver, and Adams County Communications Center, Inc. for the Installation Operation , and Use of a Fiber Optics Plant and the Interconnection of Networks" and any subsequent amendments to that agreement ; h. "JCECA" shall mean the Jefferson County Emergency Communications Authority ; i. "J-FON " shall mean the Jefferson County Public Safety Fiber Optic Network ; j. "Participating Entity" shall mean a governmental entity that connects to and uses J-FON , except that JCECA shall not be a Participating Entity · k. "Policy Statement" shall mean this Policy Statement for the Jefferson County Public Safety Fiber Optic Network ; I. "PSAP" shall mean a public safety answering point; m. "Representative" shall mean a person appointed to sit on the Committee . n. "RTD IGA " shall mean the agreement between JCECA and RTD (defined below) titled the "E-911 Fiber Optic Plant Intergovernmental Agreement" and any subsequent IGA with RTD ; o. "RTD" shall mean the Regional Transportation District ; p. 'West Corridor Plant" shall mean the 96- strand single mode fiber optic cable located in the RTD right-of-way from the Auraria West light rail station to the Jefferson County Government Center light rail station , including the hand holes adjacent to the RTD right-of-way. B ACKG RO UND 2. Overview. The Jefferson County Public Safety Fiber Optic Network , also known as J-FON , is a high speed data network intended to connect various public safety and governmental entities , including PSAPs , in an effort to improve communication, information sharing, and interoperability between the Participating Entities. The purpose of this Policy Statement is to set forth the operating rules and procedures for the use and management of J-FON . JCECA 's goal is to attract governmental entities to join J-FON as Participating Entities . 3. Federal Funding through ADCOM . The West Corridor Plant was primarily funded through a federal Broadband Technology Opportunities Program grant awarded to A DC OM on September 27, 20 I 0. The grant was primarily for ADCOM to install an L TE wireless network covering Adams County. JCECA is a sub- recipient of that grant for the limited purpose of installing and operating the West Corridor Plant. The grant funding carries with it certain requirements , which are imposed on JCECA by the Funding IGA , that must be satisfied at all times. 4. JCECA Obligations . JCECA has obligations and duties to manage and operate J-FON in accordance with the Funding IGA , including the Controlling Terms and Conditions therein , and the RTD IGA . The Controlling Tern1s and Conditions incorporate the federal grant funding requirements . GENERAL P OL I CY OF J-FO N 5. Ownership of West Corridor Plant. JCECA must retain ownership of the West Corridor Plant, except where ownership transfer is authorized by federal program grant officers and ADCOM . 6. Limitation on Types of Participating Entities . Only governmental entities may become Participating Entities or use or connect to J-FON . 7. Compliance with Policy Statement. Participating Entities must at all times abide by this Policy Statement. Failure by a Participating Entity to abide by this Policy Statement can result in losing the privilege of connecting to J-FON at the discretion of JCECA . 8. No Leasing. Selling. etc. A Participating Entity may not sell , lease , or otherwise exchange J-FO Pa ge I of5 Policy Stateme nt fo r th e Jefferson Coun ty Pu blic Safety Fi ber Op tic Network access , transport, or capacity (including backhaul) or pennit any third party use on J-FON without first obtaining the prior written approval of JCECA and ADCOM . Article IV , section 5(a) of the Funding IGA describes ADCOM 's rights , obligations, and duties in granting such approval. Furthennore, a Participating Entity may not sell , transfer, convey, mortgage, or encumber any portion of J-FON or use any portion of J-FON as collateral or security on any loan , bond, or other borrowing. 9. 911 and Public Safety Priority Use. Emergency communications have priority use of J-FON . Public safety uses are a secondary priority for J-FON . When there is excess capacity after emergency communications and public safety uses , J-FON may be used for any public governmental purpose approved by the Committee. The Committee may determine appropriate uses and allocation of J-FON. However, no use or allocation of J-FON by a Participating Entity is guaranteed . Future additional emergency communications or public safety uses may require non- emergency communications or non-public safety uses to be curtailed or terminated . No irrevocable right of use of J-FON will be granted to any Participating Entity , except to the extent previously granted by the Funding !GA. INCORPORATION OF THE FUNDING IGA I 0. Funding !GA. JCECA hereby incorporates the requirements laid out in the Funding IGA into this Policy Statement, as applicable . To the extent that the policies set forth herein differ from the requirements of the Funding IGA , and abiding by the policies herein would result in a breach of the Funding IGA , the Funding IGA controls . In the event of a conflict between the Funding IGA and any other document, the Controlling Tenns and Conditions of the Funding IGA shall control. The Funding IGA is attached hereto as "Exhibit A." II. Denver's Exclusive Right. Under article IV , section 2 of the Funding IGA , Denver has the exclusive right to use thirty-six (36) strands of the West Corridor Plant running between the Auraria West light rail station and the Sheridan Boulevard light rail station . Denver has the right to allocate those strands to other governmental entities as it may select, consistent with the Controlling Tenns and Conditions. 12 . ADCOM 's Exclusive Right. Under article IV , section 3 of the Funding IGA , ADCOM has the exclusive right to use twelve ( 12) strands of the West Corridor Plant running between the Auraria West light rail station and the Jefferson County Government Center light rail station. ADCOM can allocate those strands to others as it may select, consistent with the Controlling Terms and Conditions . INCORPORATION OF THE RTD IGA 13. RTD !GA . JCECA hereby incorporates the requirements laid out in the RTD IGA into this Policy Statement, as applicable. To the extent that the policies set forth herein differ from the requirements of the RTD IGA , and abiding by the policies herein would result in a breach of the RTD IGA , the RTD IGA controls . The RTD IGA is attached hereto as "Exhibit B." GOVERNANCE OF J-FON 14 . Recognition of Authority. The Participating Entities will recognize the authority of the Committee to manage J-FON and will be bound by the Committee and JCECA in decisions relating to the operation or maintenance of J-FON . J-FON OPERATING COMMITTEE 15 . Appointment and Removal of Representatives. Each Participating Entity will appoint one Representative to serve on the Committee. JCECA will appoint one Representative. Each Representative must be an employee of the Participating Entity that appointed that Representative . A Representative may be removed by JCECA, by majority vote of the remaining Representatives, or by the Participating Entity that appointed the Representative . 16 . · Committee Focus and Purpose. The Committee will focus on policy and operational issues related to the activities of J-FON . The Committee will make recommendations to JCECA regarding maintenance, uses , fiber allocation , and other services that need to be perfonned for the successful operation of J-FON. JCECA BACKSTOP AUTHORITY 17 . Backstop Authority. JCECA has the authority to overrule the Committee if the Committee takes any action that JCECA believes would constitute a breach of the Funding IGA , the RTD IGA , this Policy Statement, or would in any way compromise JCECA 's public image or relationships with any governmental entity, or for any other reason . JCECA reserves the right to overrule the Committee at any time and for any reason in its sole discretion. RESPONSIBILITIES OF JCECA 18 . Record Retention. JCECA wi II retain all records related to the ownership, operation , and use of J-FON . ADCOM has the right to inspect and copy the records if ADCOM reasonably believes that action by the Committee or JCECA has or will result in a breach of the Funding IGA . 19 . As-Built Drawing Repository. JCECA will maintain a repository of current as-built drawings of J- FON. The Committee will continually update the as- Page 2 of5 Policy Stat ement fo r th e Jefferson County Public Safety Fib er Optic Ne twork bui lt maps in hard copy and digitized format, which will be avai lable to all Participating Entities. It is incumbent on each of the Participating Entities to ensure that up-to-date drawi ngs are submitted to the Committee, wh ich in turn wi ll submit the drawings to JCECA. Each Participating Entity wi ll ma intain an accurate map where J-FON connections are located within that Participating Entity 's buildings and uses of J-FO . 20. Funding. JCECA may, in its discretion, elect to pay fo r capitol or operational expenses of J-FON consistent with C.R.S. § 29-1 1-1 00.5 et seq . However, JCECA has no obligation to fund , or continue funding, J-FON. JCECA funds may not be used to pay for non - 91 I re lated expenses. R ES PO NS IBILI TI ES OF TH E P ARTIC IPAT ING ENTITI ES 21. Easements and Licenses. JCECA has obtained easements and licenses for the installation and maintenance of the property where J-FON is located . The Participating Entities will cooperate with JCECA and the Committee in ensuring that the easements and licenses remain in full force to permit J-FON 's continued operation . 22 . Right to Inspect J-FON Records. Participating Entities have the right to inspect all records and documents of J-FON , provided that notice is given to the Committee at least three (3) business days in advance so the documents can be collected. LI MITATIO N OF LI ABILITY 23. Liabi li ty Limitation . The Participating Entities will not be liab le, in law or in equity, to the other Participating Entities for any damages arising from the use of J-FON. 24. Damage to J-FON . Participating Entities will be responsible to repair J-FON in a timely manner should a Participating Entity or its agents or employees damage any fiber optic cable, associated equipment, or other part of the J-FON network. COSTS 25 . Costs. Each Participating Entity may be asked by JCECA to contribute an Annual Fee representing its equitab le share of t he costs of the maintenance, operat ion , and expansion of J-FON as determined by JCECA in accordance with this Policy Statement. The Annua l Fee is further described be low. 26. No Requirement to Pay Annual Fee. Participating Entities are not required to contribute the Annua l Fee or any other fees or costs associated with J-FO . If a Participating Entity declines to contribute the Annual Fee, the only consequence is , at JCECA 's discretion , (a) termination of participation in J-FON , (b) loss of any or all of the privileges and rights of a Participating Entity , or (c) any combination of the foregoing as detennined by JCECA. The Committee shall make recommendations on a case-by-case basis. 27 . No Multip le Year Obligations . Partici pating Entities are not required to undertake a mu ltiple year fiscal obligation based on their status as a Participating Entity or their use of or participation in J-FO . To the extent that a multiple year fiscal obligation is created, it is subject to budget appropriations by each Participating Entity and JCECA understands that there is no guarantee that sufficient funds will be appropriated in any given year to cover the Annual Fee . 28 . Higher Fees for non-911 Uses. JCECA 's statutorily pennitted use of the emergency telephone charge is limited to the costs related to the operation of 911 services as specified in C.R.S. § 29-1 1-100.5 et seq. Participating Entities that use J-FON for non-91 I related purposes should expect to pay for J-FON's incremental operating, maintenance, and other costs that would not otherwise be incurred. 29 . Withdrawal from J-FON; Costs. In the event that a Participating Entity withdraws from using J-FON , JCECA may incur costs to ensure connectivity between J-FON and another Participating Entity . In such a case, the Participating Entity that withdraws from J-FON may be requested to pay some or all of the reasonable costs associated with ensuring connectivity between J- FON and the non-withdrawing Participating Entities . However, there is no obligation on the Participating Entity to pay any such costs requested upon withdrawal. A NN AL F EE AN D THE ACCO NT ANNUAL FEE 30. Annual Fee . The Committee may make a recommendation to JCECA regarding the amount of the Annual Fee , if any, requested from each Participating Entity. Once approved by JCECA, the requested Annual Fee amounts will be sent to each Participating Entity by May l51h for budgeting purposes of the Participating Entities. The requested Annual Fee amount will be used to fund J-FON in the subsequent fiscal year. 31 . Dete rmining Annual Fee. In determining the recommended amount of the Annual Fee for each Participating Entity , factors the Committee may consider include : a. the financial needs of J-FON , b. the Participating Entities ' use of J-FON , c. the Participating Entities ' use of J-FON for non-91 I purposes, Page 3 of5 Policy Statement for th e Jefferson Co un ty Public Safety Fi ber Optic Ne twork d. the overall public good , and e. other considerations as the Committee or JCECA determine are prudent or legally required . ACCOUNT 32 . Account. JCECA will hold all funds collected from Annual Fees in the Account and use the funds solely for J-FON expenses . The Committee will bold no property or funds . The Account shall be owned by JCECA. 33. Excess Balance. Any excess balance from Annual Fees he ld in the Account at the end of the fiscal year shall be rolled over to the following year and used for J-FON expenses. EX PANSI ON OF J-FON ADDIT IO N OF PARTIC IP AT ING ENTITIES 34 . Addition of Participating Entities. A government entity that wishes to become a Participating Entity must petition the Committee for membership . The petition should include a formal written acknowledgement that the entity will comply with this Policy Statement and identify the proposed purpose for using J-FON . The Committee may request additional infonnation from the petitioning entity. Upon receiving a petition for membership, the Committee shall make rec?mmendation upon the petition within 90 days . The Committee may recommend approval of the petition if the entity meets the conditions of this Policy Statement, agrees to follow this Policy Statement, will use J-FON solely for a governmental purpose, and approving the petition would be in the public interest. The Committee may recommend imposition of obligations, conditions, and financial requirements as it deems appropriate on any petitioning entity as a condition to use J-FON , consistent with this Policy Statement. JCECA will make the final determination on membership in J-FON. NETWORK EXPANSI ON 35 . Restriction on Data Traffic. Any network that connects to J-FON must only carry governmental traffic that would be allowed under this Policy Statement. 36. Expansion by JCECA . JCECA may choose to expand J-FON by installing additional fiber optic cable or by other means. Should JCECA decide to do this , the expansion shall become part of J-FON and managed consistent with this Policy Statement. JCECA may , at its discretion , pay for such expansions with funds from the Account or from other sources. 37 . Network Interconnection . Network inter- connection can occur in two ways, as outlined in the following sub-paragraphs, or as otherwise authorized by the Committee and JCECA. JCECA will not be obligated to fund the maintenance or other cost of an y Participating Entity 's internal network s connected to J- FON . a. Connection Funded and Owned by JCECA. A Participating Entity may petition the Committee to connect a network to J-FON at a location owned or leased by a Participating Entity . If the Committee determines the request is reasonable, in the public interest, and conforming to this Policy Statement, the Committee may approve such petition and request approval from JCECA. JCECA may authorize such a connection and may fund such a connection from the Account or from other sources. If funded by JCECA, a connection authorized and built under this sub- paragraph will become the property of JCECA, part of J-FON , and managed in accordance with this Policy Statement unless JCECA determines otherwise. b. Connection Funded and Owned by a Participating Entitv . Upon recommendation by the Committee and approval by JCECA , a Participating Entity may connect a network to J-FON at a location owned or leased by a Participating Entity . The Participating Entity connecting the network will bear the cost of such a connection and retain ownership of the connection . Such a connection will not be eligible for maintenance or operative funding from JCECA or from the Account. If a Participating Entity damages J- FON by such connection, that Participating Entity shall be responsible for repairing any damage. 38. Connection at non-Participating Entitv Locations . A Participating Entity must obtain the approval of JCECA and ADCOM prior to connecting a network to J-FON if the connection is located on property not owned or leased by a Participating Entity. JCECA may withhold such approval for any reason . Such a connection must only accept government data allowed under this Policy Statement. MISCELLANEO US PROVISIO NS 39. Disputes . Disagreement ansmg in the interpretation of this Policy Statement or regarding J- FON should be resolved first by the Committee . If the Committee cannot agree by a majority vote of the Representatives within ninety (90) days on the proper interpretation of this Policy Statement, JCECA shall interpret this Policy Statement and decide upon appropriate remedial action , if necessary. JCECA 's decision is binding upon all parties . Nothing in this paragraph should be construed as a limitation on JCECA 's backstop authority as described in this Policy Statement. Nothing in this paragraph should be construed as a concession by any of the Participating Entities g iving up their legal rights or obligations. 40 . Amendments to Policy Statement. JCECA ma y amend this Pol icy Statement at an y time . Changes to Page 4 of5 Policy Stat ement fo r th e Jefferson Co unty Public Safe ty Fib er Optic Ne twork this Policy Statement shal l become effective upon official action of JCECA . By continuing to be a Participating Entity or by continuing to use J-FON after JCECA has made changes to this Policy Statement, a Participating Entity agrees to follow the updated Policy Statement. A copy of the updated Policy Statement, with any changes highlighted , will be provided to the Chief Executive Officer of each Participating Entity and to each Representative . 41 . Requested Amendments . In the event at any time that a Participating Entity feels unreasonably constrained by this Policy Statement, the Committee shall consider and make recommendations to JCECA on any adjustment to this Policy Statement that could relieve such constraint yet remain consistent with the Funding IGA and the RTD IGA . JCECA shall thereafter consider changing this Policy Statement. 42 . Enforcement of Policy Statement. No person or entity besides JCECA shall have any right to enforce this Policy Statement. JCECA shall not be deemed to waive or forfeit any right under this Policy Statement by forbearing from enforcing such right in the past. 43 . Governmental Immunity. This Policy Statement shall not be construed or interpreted as a waiver, express or implied , of any of the immunities, rights , benefits, protections, or other provisions of the Colorado Governmental Immunity Act , C.R.S . § 24- 10-10 I et seq., or the Federal Tort Claims Act , 28 U.S.C . §§ 1346(b) and 2671 et seq., as applicable now or hereafter amended . END OF DOCUMENT Pa ge 5 of5 ... ~4., .. J r-City of • ?WlieatRi_dge ITEM NO: __j£" DATE: March 9, 2015 REQUEST FOR CITY COUNCIL ACTION ~~~@ TITLE: MOTION TO RATIFY MAYORAL APPOINTMENT OF JANICE THOMPSON TO THE WHEAT RIDGE HOUSING AUTHORITY, TERM TO EXPIRE MARCH 2, 2020 D PUBLIC HEARING [gl BIDS /MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES [gl NO .Cicy~ ~~ ISSUE: Janice Thompson has served on the Housing Authority representing District IV since 2005 with her current term expiring on 3/2/15. Mayor Jay has asked that Janice Thompson be re-appointed to this position. FINANCIAL IMPACT: None BACKGROUND: Members of the Housing Authority are appointed by the Mayor and ratified by City Council. RECOMMENDATIONS: Mayor Jay is recommending that Janice Thompson be appointed to the Housing Authority, term expiring March 2, 2020. RECOMMENDED MOTION: "I move to ratify the Mayoral appointment of Janice Thompson to the Wheat Ridge Housing Authority , term to expire March 2, 2020." Or Council Action Form -Housing Authorit y Appointment March 9, 2 015 Page 2 "I move to deny the appointment of Janice Thompson to the Housing Authority for the following reason(s) " REPORT PREPARED/REVIEWED BY: Kelly Stevens , Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: I. Janice Thompson Application '-t.A~ ... ~ "' City of • :prWheatRL_,dge ITEM NO: {) • DATE: March 9, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2015-AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 5130 PARFET STREET FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND AGRICULTURAL-ONE (A-1) TO INDUSTRIAL- EMPLOYMENT (1-E) (CASE NO. WZ-14-15/PARFET STORAGE) ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING (2 /09/2015) ~ ORDINANCES FOR 2ND READING (3 /09/2015) ~ YES D NO £.~ The applicant is requesting approval of a zone change from Planned Industrial Development (PID) and Agricultural-One (A-I) to Industrial-Employment (1-E) for property located at 5130 Parfet Street. The proposed rezoning area includes two parcels, the total size of which is approximately 3.48 acres. The purpose of the zone change is to expand possible uses for the property including the option of constructing a mini-warehouse storage facility . At this time, the applicant does not have specific plans for improvements to the site. If the property is redeveloped in the future under the proposed I-E zoning, an administrative site plan review would be required to confirm that proposed development meets the standards of the Industrial-Employment district and the Architectural and Site Design Manual. Council Action Fonn -Parfet Storage March 9, 2015 Page2 PRIOR ACTION: Planning Commission heard the request at a public hearing on January 15 , 2015 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached . The Planning Commission staff report includes a more detailed analysis of the rezoning review criteria. BACKGRO UN D: The property is located at 5130 Parfet Street in the northwest quadrant of the City, just south of Ridge Road . The property is currently zoned Planned Industrial Development (PID), which is developed in accordance with an approved Outline Development Plan , and Agricultural-One (A- 1), which allows for single family and agricultural uses. The primary structure on the property was originally built as a single family home in 1960. Since that time, the building was converted for commercial use . Most recently, the site served as an office for an electrical contractor. Surrounding Land Us es Surrounding properties include a variety of land uses and zoning. To the west is a transmission substation which is zoned A-1. Abutting the property to the southwest are three parcels (5120, 5110 , and 5006 Parfet Street) all zoned Agriculture-One (A-1) with single family , greenhouse and farming uses. To the north and east of the property are dev elopments zoned PID , which have a variety of office/warehouse and manufacturing uses . The property south of Lot 2 is an undeveloped parcel zoned Planned Commercial Development (PCD). This area has a large number of PIDs as opposed to straight industrial zonings because until 2012 , there were no other industrial rezoning options. However, Planned Developments do not necessarily age well and can result in a cumbersome process for prospective owners to amend. With recently adopted design guidelines and code amendments , city staff has a large amount of oversight with administrative site plan reviews. The Architectural and Site Design Manual was updated in 2012 to include design standards specifically for heavy commercial and light industrial land uses , and the document clearly defines minimum building and site design standards for industrial development. These standards are up to date with current pla1ming goals of the City- including appropriate buffers and articulated design-as opposed to many older PIDs that may no longer be aligned with the goals of the City. Current and Propos ed Zoning The existing PID and proposed 1-E districts are very similar as they both allow industrial and commercial uses with minor differences. One of those differences is that mini warehouse storage is not listed as a pennitted use in the approved ODP. It would be allowed in the 1-E district, which the applicants are proposing to rezone to instead of attempting to go through ODP and FOP amendments. A portion ofthe site is currently zoned A-1 , as it was not rezoned to PID in 2003. The applicants are proposing to incorporate this portion into the 1-E rezoning to facilitate development of the property. Council Action Form -Parfet Sto r age March 9, 2015 Page 3 The application has been through the standard referral process with no concerns raised by any outside agencies or city departments. A separate referral process will be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 04-2015 , an ordinance approving the rezoning of property located at 5130 Parfet Street from Planned Industrial Development (PID) and Agricultural-One (A-1) to Industrial-Employment (1-E), on second reading and that it take effect 15 days after final publication , for the following reasons: Or, 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-1 09 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E ofthe Code of Laws." "I move to deny Council Bill No. 04-2015, an ordinance approving the rezoning of property located at 5130 Parfet Street from Planned Industrial Development (PID) and Agricultural-One (A-1) to Industrial-Employment (I-E) for the following reason(s): 1. ... and direct the City Attorney to prepare a resolution of denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Sara White, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 04-2015 2. Planning Commission staff report 3. Planning Commission minutes -January 15 , 2015 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WOODEN COUNCIL BILL NO. 04 ORDINANCE NO. ___ _ Series of 2015 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 5130 PARFET STREET FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND AGRICULTURAL- ONE (A-1) TO INDUSTRIAL-EMPLOYMENT (I-E) (CASE NO. WZ 14-15/PARFET STORAGE) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and WHEREAS, Parfet Storage, LLC has submitted a land use application for approval of a zone change to the Industrial-Employment zone district for property located at 5130 Parfet Street; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan- Envision Wheat Ridge-which calls for land uses that support employment; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on January 15, 2015 and voted to recommend approval of rezoning the property to Industrial-Employment (1-E). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Parfet Storage, LLC for approval of a zone change ordinance from Planned Industrial Development (PI D) and Agricultural- One (A-1) to Industrial-Employment (I-E) for property located at 5130 Parfet Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council , a zone change is approved for the following described land: LOTS 1, 2 AND 3, PARFET PARK SUBDNISION, TRACT 2 REPLAT, COUNTY OF JEFFERSON , STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health , safety, and Attachment 1 welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section , subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of February , 2015 , ordered it published with Public Hearing and consideration on final passage set for Monday, March 9, 2015 at 7:00 o'clock p.m., in the Council Chambers , 7500 West 29 1h Avenue , Wheat Ridge , Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 91h day of March , 2015. SIGNED by the Mayor on this ___ day of _______ , 2015. ATTEST : Janelle Shaver, City Clerk 1st publication: February 12 , 2015 2nd publication: Wheat Ridge Transcript: Effective Date : Joyce Jay, Mayor Approved as to Form Gerald Dahl, City Attorney was never constructed . The original rezone to PID did not include the lower portion and that was left agricultural because development was not planned on that portion due to geographical constraints and neighbor concerns. Under previous ownership , the property was the subject of code enforcement actions relating to fill and grading violations and also illegal parking and storage of containers on the lower portion of the property. The most recent amendment to the FDP in 2011 was to bring the property into compliance by reflecting the activities which occurred on Lot 2. The improvements reflected on the northern portion of the FDP were installed including landscaping, installation of irrigation and paving. Drainage improvements were installed on the south end of the to accommodate fill that was brought onto the northern portion of Lot 2. Surrounding Zoning and Land Use Surrounding properties include a variety of land uses and zoning. To the west is a transmission substation which is zoned A-1. Abutting the property to the southwest are three parcels (5120 , 5110 , and 5006 Parfet Street) all zoned Agriculture-One (A-1) with single family , greenhouse and farming uses . To the north and east of the property are developments zoned PID , which have a variety of office/warehouse and manufacturing uses. The property south of Lot 2 is an undeveloped parcel zoned Planned Commercial Development (PCD) This area has a large number ofPIDs as opposed to straight industrial zonings because until2012, there were no other industrial rezoning options . However, Planned Developments don 't necessarily age well and can result in a cumbersome process for prospective owners to amend. With recently adopted design guidelines and code amendments , city staffhas a large amount of oversight with administrative site plan reviews. The Architectural and Site Design Manual was updated in 2012 to include design standards specifically for heavy commercial and light industrial land uses , and the document clearly defines minimum building and site design standards for industrial development. These standards are up to date with current planning goals of the city-including appropriate buffers and articulated design-as opposed to many older PIDs that may no lon ger be aligned with the goals ofthe city. III. PROPOSED ZONING The applicants are requesting the property be rezoned to Industrial-Employment (1-E), a zone district intended to provide light industrial and commercial uses that support employment. The existing PID and proposed 1-E districts are very similar as they both allow industrial and commercial uses with minor differences. One of those differences is that mini warehouse storage is not listed as a permitted use in the approved ODP. It would be allowed in the I-E district, which the applicants are proposing to rezone to instead of attempting to go through ODP and FDP amendments. A portion ofthe site is currently zoned A-1 , as it was not rezoned to PID in 2003. The applicants are proposing to incorporate this portion into the I-E rezoning to facilitate development of the property. At this time , the applicants do not have specific plans for physical improvements to the property. However, the reason for the rezoning request is so that they may construct mini warehouse storage in the future. If the rezoning is approved , the applicants would then submit for administrative site plan review and would be held to the standards set forth in the zoning code and the Architectural and Site Design Manual. As discussed earlier, the current design standards are up to date with the City 's Case No . WZ-1 4-1 5 /Pm fet St orage 3 l. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone promotes the health, safety , and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the section above , the existing and proposed zone districts have similar development standards and pennitted uses. The I-E district and PIDs are both industrial zonings and , while there may be minor differences in allowed uses , the general intensity of use is similar. The portion zoned A-1 borders on both agricultural (residential) and commercial zonings. Current development standards that the I-E district is governed by would ensure adequate screening and buffering at the time of development. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property, and no development is proposed at this time. If the property is redeveloped under the 1-E zoning , an administrative site plan review application will be required and referred to all impacted utility agencies Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals of the City 's 2009 comprehensive plan-Envision Wheat Ridge. The plan designates this area as an Employment zone, which is a zone built on existing industrial areas. In general , these existing light manufacturing, storage , warehouse, and other industrial-related uses in the city will remain as they are today . As infill occurs, the City will promote efficient use of land and require adequate screening for residential neighbors. A zone change to I-E on the subject property supports several City goals. A development under I-E will build on the existing industrial use on the site while supporting employment. Additionally, a change to a zone district with standards directed by the ASDM , compatible design and screening with the surrounding residential areas will be ensured. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Planned Industrial Development (PID) or Agricultural-One (A-1 ) zoning designations as they appear on the City 's zoning maps. Case No . WZ-14-15 /Parfet Storage 5 Staff concludes that this criterion is not applicable . c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of any significant changes in the area. The zone change request from PlD to I-E neither responds to nor results in a notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change , the applicant was required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on November 13 , 2014. One neighbor attended and requirements for future development were discussed. hibit8 Nei hborhood Meetin Notes VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: No concerns. Xcel Energy: No objections , contingent upon maintaining all existing rights and ability for future expansiOn. Clear Creek Sanitation District: No objections. Future development will require review. Valley Water District: No concerns. Comments received relate only to the zone change request. No comment was received f rom the fire district , Economic Development Division, Building Division or Police Department. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. Case No . WZ-14-15 /Pmfet Storage 6 A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health , safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, as needed , with future development or change in use. Finally, staff concludes that the zone change is consistent with the Comprehensive Plan and will more easily facilitate development of the property. Because the zone change evaluation criteria support the zone change request, staff recommends approval ofCase No.WZ-14-15. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-14-15 , a request for approval of a zone change from Planned Industrial Development and Agricultural-One to Industrial-Employment, for property located at 5130 Parfet Street, for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City 's Comprehensive Plan · · 3. The proposed zone change is compatible with the surrounding area. 4. The zone change will more easily faci litate development of the property." Option B: "I move to recommend DENIAL of Case No. WZ-14-15 , a request for approval of a zone change from Planned Industrial Development and Agricultural-One to Industrial-Employment, for property located at 5130 Parfet Street, for the following reasons: I. 2. 3. " Case No . WZ-14-15 I P01jet Storage 7 Front yard landscaping and parking lot. Outdoor storage at east side of northern lot. Case No. WZ-14-1 5 /Pmfet Storage II EXHIBIT 8: NEIGHBORHOOD MEETING NOTES ~·~ .. .,. City of ~\Vheat&_dge ~OMMUNilY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave . Wheat Ridge, CO 80033-8001 P: 303.235 .2846 F: 303 .235 .285 7 MeetJnc Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Existing Zoning: E:rlst:lng Comp. Plan: NEIGHBORHOOD MEETING NOTES November 13,2014 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second floor conference room 7500 W. 29th Avenue Wheat Ridge, CO 5130 Parfet Street (PIN 39-16-01-010), East side ofParfet Street. (PIN 39-16-01-0~ 1) Parfet Storage, LLC -Greg Herbers, Allan Mckinster Yes Greg Herbers 5130 Parfet Street Wheat Ridge, CO 80033 303-717-0378 gaherbers@g.com Allan Mckinster amckinster@hotmail .com Planned Industrial Development (PID) and Agricultural- One(A-1) Employment Existing Site Conditions: The property is located at 5130 Parfet Street, between Ridge Road and W. 50th Avenue extended The site consists of one dev eloped parcel, 39-16-01-010 (Lot 1), and one undeveloped parcel, 39-16-01-011 (Lot 2). Lot 1 is zoned Planned Industrial Development (PID), with a single -story 1135 square foot office building. and a detached garage. Other improvements on the northern portion include parking. landscaping and a small , screened outdoor storage area. www.d.wheatrldge.co.us 15 Lot 2 is split by two zoning districts. The northern half is Planned Industrial Development (PID), and the southern half is Agricultural-One (A -1 ). Lot 1 is relatively flat terrain and connects to Lot 2 through a steep and narrow sliver ofland. Lot 2 has a considerable grade change with an estimated 13 % grade at certain points . Both lots are under common ownership and equal approximately 3.5 acres in area. Construction on the site would be phased with the upper (northern) portion being developed first with the bottom (southern) portion as a future phase. Surrounding properties include a variety ofland uses and zoning. To the west is a transmission substation which is zoned A-1 . Abutting the property to the southwest are three parcels (5120 , 5110, and 5006 Parfet Street) all zoned Agriculture-One (A-1) with single family, greenhouse and farming uses. To the north and east of the property are developments zoned PID, which have a variety of office/warehouse and manufacturing uses. The property south of Lot 2 is an undeveloped parcel zoned Planned Commercial Development (PCD). Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the entire property to Industrial-Employment that would allow for the construction and operation of a mini-warehousing storage business . The zoning change would be for both Lots 1 and 2. The following is a swnmary of the neighborhood meeting: • In addition to staff and the property owners , 2 members of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The members ofthe public were informed of the process for a zone change. • The members ofthe public were informed oftheir opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: Will the property be used for outside contractor 's storage? No, all storage will occur inside the buildings that will be constructed. Will car storage be allowed? No. Cars will not be allowed to be stored on the property, whether inside the storage units or outside. What will be the hours of operation? Generally 6 AM to 10 PM. Will the existing office be retained on the property? Yes. What will the new buildings be constructed of? They will be metal-constructed buildings but will need to meet the Heavy Co mmercial/Light Industrial requirements of the Architectural and Site Design Manual. On the fafade facing Parfet, this would include primary materials such as brick, stone or stucco withfafade articulation and architectural details such as reveals, belt courses, etc. What will site paving consist of? All areas used for drives and parking must be hard-surfaced paved. Asphalt will be used for these surfaces. Case No. WZ-14-15 I PGijet Storage 2 16 Will access be provided from West 50th Avenue on south? No, grades on the very southern portion of the property are up to 13%. Access will be provided from the northern portion with improvements constructed consistent with the Arvada Fire Protection District requirements. Will the existing drainage easement on the south be kept? When new development occurs on the property, the owner will have to provide new drainage information analyzed in regard to the proposed new improvements. Modifications to the existing pond on the south will need to be reviewed and approved by the City's development review engineer. There has been a lot of vandalism and burglary in the area. What type of security will be used? At a minimum, a perimeter chainlinkfence with barbed wire on the top, and if necessary, motion detectors and cameras. It was noted by the resident in attendance that he objects to West 50th Avenue being extended from the temlinus at the eastern property line of the subject site, west to Parfet Street. Meeting Attendees: Charles B. Stiesmeyer 4996 Parfet St. Wheat Ridge , CO Case No. WZ-14-1 5 /Pm fet Storage 3 17 A. Case No. WZ-14-15: Ms. White presented the case. She entered into the record the contents of the case file and packet materials, the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She stated the purpose of the zone change request is to expand possible uses . She reviewed the staff report and digital presentation. In response to Commissioner BUCKNAM's inquiry, Ms. White pointed out 1-E zone districts on exhibit 7. Commissioner BUCKNAM asked if the building height of 50-feet would typically accommodate a cellphonelbroadcast tower. Ms. Reckert stated all the cell tower regulations limit the height of freestanding towers to 50-feet with antennas that extend beyond that and would be a permitted use in the 1-E zone district. Ms. Mikulak stated 50-feet is the maximum height in the Commercial-One district. Commissioner WEAVER asked if the agricultural ditches are actively used and upon development what does the owner need to do to encase the ditches. Ms. White replied the Swadley ditch has already been encased. Wadsworth is the only open channel. Ms. Reckert stated the property owner would need to get approval from the ditch company for any modifications. Generally, ditch companies are in favor of enclosure to eliminate sediment and offsite waters into the ditch. Some are rerouted to go around the perimeter of the property. It will not become a drainage issue. Commissioner TIMMS asked if the 1-E zone district allows outdoor storage. Ms . Reckert stated it does as long as it is screened from public streets. Chair BRINKMAN inquired about the resident concern from the neighborhood meeting regarding West 501h A venue being extended from the terminus at the eastern property line of the subject site, west to Parfet Street. Ms. White replied that would be relevant for any future development that might occur, particularly on the southern portion of the site. It would go to public hearing as a right-of way designation . Chair BRINKMAN asked if a right-of-way vacation would be considered. Ms. Reckert stated she thought it had been vacated with the plat in 2011. 501h A venue has been a topic of discussed for many years. It is staff's vision to have some sort of industrial arterial to allow traffic to flow east and west in the industrial areas without having to access the Frontage Road. Staff thinks it is a good idea and would consider fully for development on the subject property or property to south. Chair BRINKMAN asked if the ditch company was included in the agency referral. Ms. White stated not as this stage because they are not affected by the rezoning as no development is proposed at this time . Ms. Reckert stated typically ditch companies are not included in the referral until a development modification proposal is presented. Staff encourages the developer to work with the ditch company for best design scenario . Attachment 3 Chair BRINKMAN opined the ditch companies should have the same weight as the other districts for referrals. Greg Herbers 14995 Foothill Rd., Golden , CO Mr. Herbers stated he had no additional comments. Commissioner TIMMS asked the applicant if he envisioned a mini-storage facility for the entire site and if the existing house/office would be kept. Mr. Herbers replied yes and the house will be kept for an office . There will be no outdoor storage or outdoor vehicle storage. Chair Brinkman opened the public hearing. Mike Wehling 3170 Wright St. Mr. Wehling stated he has no objections to the zone change. His father owns the land to the west. He stated his concerns about drainage due to the dirt that was hauled into the site that was to be removed . Chair BRINKMAN closed the public hearing. Chair BRINKMAN asked staff about the dirt. Ms. Reckert stated the property had previously been occupied by an electrical contractor. A zone change to Planned Industrial Development was granted in 2005 with plans to build a new structure on the southern portion . The dirt was brought in for development preparation without proper permitting. Code enforcement negotiations began with two options; he could remove all the dirt that was brought in or go through a Final Development Plan (FOP) amendment to acknowledge the dirt and work on the drainage . The approved FOP plan [in the packet] shows the top portion being used with the house as the office and the second tier serving as a detention area. A large pond was built. She recommended discussion with Public Works for remediation of drainage issues. Before any development would occur staff would review soil information and core drillings. Commissioner KIMSEY asked if a FDP was accomplished . Ms. Reckert replied yes. It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to recommend approval of Case No. WZ-14-15, a request for approval of a zone change from Planned Industrial Development and Agricultural-One to Industrial- Employment, for property located at 5130 Parfet Street, for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive .Plan. 3. The proposed zone change is compatible with the surrounding area. 4. The zone change will more easily facilitate development of the property. Motion approved 7-0. Council Action Fonn -Sunset the Animal Welfare And Control Commission March 9, 2015 Page2 RECOMMENDED MOTION: "I move to approve Council Bill No. 07-2015, an ordinance providing for the sunset of the Animal Welfare and Control Commission on first reading, order it published , public hearing set for Monday, March 23 , 2015 , at 7 p.m. in City Council Chambers , and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No . 07-2015, an ordinance providing for the sunset of the Animal Welfare and Control Commission for the following reason(s) ______ _ REPORT PREPARED BY: Gerald Dahl , City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Ordinance No . 07-2015 2. StaffMemo of February 24 ,2015 3. Planning Commission Meeting Agenda of March 5, 2015 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ COUNCIL BILL NO. __ _ ORDINANCE NO. 07 Series 2015 TITLE: AN ORDINANCE PROVIDING FOR THE SUNSET OF THE ANIMAL WELFARE AND CONTROL COMMISSION WHEREAS, pursuant to Section 9.1 of the Home Rule Charter, the Council has the authority to provide by ordinance for the continuation or the sunset of all City Boards and Commissions; and WHEREAS, the Animal Welfare & Control Commission has capably served the City of Wheat Ridge, its residents, and most important, the interests of wild and domestic animals in the City since its creation; and WHEREAS, the City Council expresses its sincere appreciation for all members of the Animal Welfare & Control Commission , both past and present , for their diligent contributions to the Commission's vision ; and WHEREAS, the City Council has determined that in the best interest of the City the Animal Welfare & Control Commission is no longer needed to perform functions which are otherwise in the charge of City departments and therefore has determined to sunset the Commission. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Animal Welfare and Control Commission is hereby terminated . Section 2. Section 2-52 of the Wheat Ridge Code of Laws is amended to read: Sec. 2-52. -Establishment. The following boards and commissions of the City are hereby established: Cultural commission, animal control commission , parks and recreation commission , building code advisory board , planning commission, and board of adjustment. Section 3. Section 2-56 of the Wheat Ridge Code of Laws, entitled "Animal welfare and control commission ," is repealed in its entirety and renamed as "Reserved." Section 4. Section 4-2 of the Wheat Ridge Code of Laws entitled "Animal welfare & control commission" is repealed in its entirety and renamed as "Reserved." Section 5. Section 4-1 0( c) of the Wheat Ridge Code of Laws is amended to read : It shall be unlawful for the owner of any dog, cat or other animal that has bitten any person to destroy such animal before it can be properly confined by the community service officer. The location of such confinement shall be determined by the animal control commission COMMUNITY SERVICES TEAM SUPERVISOR and shall be at the expense of the owner. Section 6. Section 4-14 of the Wheat Ridge Code of Laws entitled "Exotic or wild animals" is amended to read: Sec. 4-14.-Exotic or wild animals. (a) Prohibited. It shall be unlawful for any person to own, possess, harbor, sell, or in any other manner traffic in any exotic or wild animals , that is , any animal that is not a domestic animal , whether it is a native animal of this state or not. (b) Exceptions. The animal welfare and control commission CHIEF OF POLICE may grant exceptions to this section for successive periods of time not to exceed twelve (12) months . (c) Potbellied pigs : (1) Any exceptions granted by the animal control commission CHIEF OF POLICE for a potbellied pig , Sus scrota vittatus , pursuant to subsection (b), shall be limited as follows : a. No more than two (2) potbellied pigs may be kept at one res idence or location , provided , however, that an additional pig may be kept for each one acre of property in excess of the minimum lot size ; b. Every potbellied pig must be neutered or spayed by the age of four (4) months ; c. No potbellied pig may weigh more than one hundred fifty (150) pounds nor be taller than twenty-two (22) inches in height ; d. The potbellied pig must be certified as such by a licensed veterinarian or be an officially registered potbellied pig ; e. Penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than th irty (30) feet to a residential structure located on an adjacent lot; f. Outdoor enclosures must be kept clean ; g. Prior to the granting of an exception , owners must review educational materials provided by the animal welfare and control commission CHIEF OF POLICE related to the care and keeping of potbellied pigs ; h. The animal welfare and control commission CHIEF OF POLICE shall adopt rules of procedure related to the review of complaints regarding the keeping of potbellied pigs for which an exception has been granted; and i. The animal v;elfare and control commission CHIEF OF POLICE may impose reasonable conditions prior to granting or during the term of any exception which is necessary to protect the animal's health and the safety and enjoyment of adjacent properties and owners. (2) The keeping of potbellied pigs , Sus scrota vittatus, which is an exotic animal, shall be permitted in the Agricultural-Two Zone District and shall not be subject to the requirements of subsections (b) and (c). (3) Notwithstanding the requirements of chapter 26, the keeping of an exotic animal for which the commission CHIEF OF POLICE has granted an exception pursuant to this subsection (c) shall be deemed a lawful use of the affected property. (d) Specific animals enumerated: (1) The following animals are domestic animals: Aquarium fishes. Psitocine birds, aviary finches, etc., farm birds (ducks, geese, swans, poultry). Domestic rabbit (Oryctolagus cuniculus). Mongolian gerbil (Meriones unguicularus). Guinea pig (Cavia porceilus). Hamster (Musorcriectus auratus). Domestic laboratory mouse (Mus domesticus). Domestic laboratory rat (Rattus rattus Albino strain). Domestic cat (Felis catus). Domestic dog (Canis familiaris). Domestic livestock, including, but not limited to: Horses, cattle, sheep , goats, mules, donkeys, burros, llamas, honeybees, and swine (except potbellied pigs, Sus scrota vittatus, which is an imported variety of swine and which shall be considered exotic animals). Section 7. Section 4-34 of the Wheat Ridge Code of Laws is amended to read: Sec. 4-34.-Kennel licenses. (a) No person, group of persons or business entity shall own, keep or harbor more than three (3) dogs or four (4) cats of more than six (6) months of age or engage in the commercial business of breeding, buying, selling , trading, training or boarding cats or dogs without having obtained a kennel license from the chief of police . (b) Kennel licenses must be renewed every year between January 1 and March 1. No kennel license shall be issued until a recommendation of approval has been obtained from the animal welfare and control commission. (c) The yearly license fee for kennels shall be as established by the commission by resolution CHIEF OF POLICE. (d) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital. (e) This section shall not apply to and will not be construed to require a kennel license for any pet shop which sells animals of less than six (6) months of age. Any person or business applying for or holding a kennel license must be currently licensed by the State of Colorado. Pursuant to the Pet Animal Care and Facilities Act , C.R.S. §§ 35-80- 101-35-80-117. The issuance of a new kennel license shall be based on the following minimum requirements: Application for a new kennel license or for transfer of an existing license shall be made to THE CHIEF OF POLICE aA9 a recommendation of approval obtained from the animal welfare and control commission . The application shall include a detailed description of the property to be licensed . The animal welfare and control commission may require a public hearing before a new kennel license is recommended for approval. The hearing shall be posted and published in the same manner as in section 26 6. The animal welfare and control commission shall have the authority to conduct a hearing to consider whether to recommend that the chief of police grant a variance to subsection (a) above as to the number of animals permitted and the animal welfare and control commission shall inform the chief of police of its decision. The recommendation of the animal welfare and control commission shall be forwarded to the chief of police, who shall act to approve, approve with conditions, or deny the application •.vithin thirty (30) days of the animal •.velfare and control commission's recommendation. The chief of police shall not approve a variance application that proposes the use of property in violation of Chapter 26 of this Code. The chief of police may promulgate rules and regulations to establish minimum standards for the care and treatment of animals at any facility licensed under this section., after review and approval by the animal welfare and control commission. Community service officers or any agent of the chief of police have the authority to inspect any licensed facility under this section during normal posted business hours. Violations of any of this section may be brought before the animal welfare and control commission for review, and a hearing may be initiated by the animal \'lelfare and control commission for suspension, revocation or nonrenewal of the kennel license. The animal welfare and control commission may recommend, andThe chief of police may revoke, suspend or not renew a license for failure to comply with any of the requirements of this section. No such action may be taken without prior notice to the licensee and an opportunity for the licensee to present evidence and testify. No decision by the chief of police under this section shall bind, alter, or affect a subsequent decision on a subsequent application, either for a new kennel license or for renewal of an existing license. Nothing in this section shall affect the independent authority of appropriate city officials to take action with respect to vicious animals, threats to public safety, or the enforcement of any other provision of this Code of Laws . Section 8. Subsections 26-605(E) and (F) of the Wheat Ridge Code of Laws are amended to read: Sec. 26-605. -Large animals. E. After a complaint is received concerning the keeping of a large animal on residential lots and substandard sized agricultural lots with corrals less than one thousand (1 ,000) square feet in size, the owner shall follow an approved manure management program as prescribed by the animal welfare control commission CHIEF OF POLICE. F. Upon receipt of any complaint involving large animals as defined herein, standard nuisance abatement procedures will be followed. Additionally, code enforcement personnel will make the complaint known via the COMMUNITY SERVICES TEAM SUPERVISOR APE:O superintendent to the members of the animal welfare and eontrol commiSSIOn CHIEF OF POLICE who shall AUTHORIZE CONSULTATION WITH AN APPROVED VETERINARIAN OR ANIMAL CONTROL RESOURCE AT ANY TIME. be available in any advisory capacity at any time . The animal welfare and control commission CHIEF OF POLICE will investigate all citizen complaints regarding large animals or their equivalents. The animal welfare and eontrol commission CHIEF OF POLICE will develop written procedures as-te FOR how citizen complaints will be investigated, monitored, and disposed of. Section 9. The Wheat Ridge Code of Laws is amended by the deletion of all other references to the animal welfare and control commission not contained in Sections 1-6 above and the replacement of that phrase with "COMMUNITY SERVICES TEAM SUPERVISOR." Section 10. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to_ on this gth day of March, 2015 , 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 March 23, 2015, at 7 p.m., in the Council Chambers, 7500 West 29 1h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to_, this day of , 2015. SIGNED by the Mayor on this __ day of _____ , 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date : Published: Approved as to Form Gerald E. Dahl , City Attorney Wheat Ridge Transcript and www.ci.wheatridge.co.us ~ ..... ... , Ci ty of --~Wheat~e ~MMUNilY DEVELOPMENT PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: March 5, 2015 TITLE: AN ORDINANCE PROVIDING FOR THE SUNSET OF THE ANIMAL WELFARE AND CONTROL COMMISSION CASE NO. ZOA-15-01 r8J PUBLIC HEARING r8J CODECHANGEORDINANCE Case Manager: Lauren Mikulak, Senior Planner Date of Preparation: February 23 , 2015 SUMMARY: The proposed ordinance sunsets the Animal Welfare and Control Commission (AWCC). The Commission is no longer needed to perform functions which are otherwise in the charge of other City departments. The enclosed ordinance was prepared by the City Attorney's Office. Amendments affect Chapters 2, 4 and 26 of the municipal code. Because the Zoning and Development Code is proposed to be modified , the Planning Commission has jurisdiction to review the ordinance and provide a recommendation. Notice for this public hearing was provided as required by the Code of Laws . BACKGROUND: The Animal Welfare and Control Commission has functioned in the City since 1977. Section 2-56 of the municipal code outlines the purpose of the AWCC as it was originally intended. The commission has primarily working with the Police Department and Community Services Officers, and in recent years it has served in a limited advisory capacity on issues related to the keeping of animals, management of wild animals, and kennel licensing. The Home Rule Charter, Section 9.1 , permits the City Council to create and dissolve boards and commissions. City Council , the A WCC , staff, and an independent facilitator analyzed the role of the commission several times in 2014 , and it was determined that a sunset was appropriate. STATEMENT OF THE ISSUES: In the proposed ordinance, all reference to the A WCC in Chapters 4 and 26 are replaced with references to the Chief of Police. In the zoning code, the only reference to the A WCC is in Section 26-605 related to the keeping of large animals. In the future , the Chief of Police and Community Services Team will regulate manure management plans and address complaints. ZOA-15-01 I AWCC RECO MMEN DED MOTI ON: Staff recommends that Planning Commission adopt the following motion: "I move to recommend approval of the proposed ordinance providing for the sunset of the Animal Welfare and Control Commission." Ex hibits: 1. Proposed ordinance ZOA-15-01 I AWCC 2 Council Action Fonn -Traffic Calming Device on Balsam March 9, 2015 Page2 by reducing the negative impact of vehicular traffic on residential streets. A policy and program guide was created to address concerns and issues regarding enforcement, education and engineering should they arise. The program provides a means for residents to initiate requests for traffic calming measures on local streets, such as speed humps , curb extensions , signs, speed trailers and other traffic control measures. Last July Balsam Street residents filed a request with the City to consider traffic issues on Balsam from 38th to 41 st. Two meetings were conducted with the residents to examine the extent of the problems and to explore available remedies. A traffic study was conducted to analyze traffic speed, volume and vehicle classification, and an engineering evaluation looked at sight distance, drainage and roadway geometry. Subsequent to the evaluation and findings , the residents elected to move forward with the installation of a permanent speed hump. Staff determined the street segment is suitable for a traffic calming treatment and identified two potential locations where speed humps would help curb excessive speeding. This segment of Balsam Street is not a part of an emergency route and is eligible for traffic calming features if residents elect to do so. In accordance with the City's recently adopted NTMP , speed humps can be approved by the City Council if at least 80% of resident s in the designated street segment area sign the petition , including the residents who reside immediately adjacent to the speed hump. A sufficient number of signatures were gathered for the northern speed hump, but not for the southern location. Staff has determined that installation of a single speed hump between 39th and 41 51 ' rather than two as initially proposed , is acceptable. RECOMMENDATION: Staff recommends moving forward with installation of one speed hump on Balsam Street as specifically requested by the residents . RECOMMENDED MOTION: "I move to approve installation of a traffic calming device on Balsam Street between 39th and 41 t Avenues in accordance with the Neighborhood Traffic Management Program (NTMP)." Or, "I move to postpone indefinitely the installation of a traffic calming device on Balsam Street between 39th Avenue and 41 st Avenue for the following reason(s) REPORT PREPARED/REVIEWED BY: Steve Nguyen , Engineering Manager Scott Brink , Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Proposed Speed Hump Location Map " ---------------------- Proposed Speed Hump Location Map Attachment 1 Proposed ~--Speed Hump Location SRC Phase II Facility Expansion Donation March 9, 2015 Page 2 PRIOR ACTION: A Business Development Zone (BDZ) Agreement was approved and executed on August 9, 2010 which rebated 100% of use tax and permit fees in the amount of $101 ,000 for the Phase I SRC Facility Expansion Project. Those funds have been fully refunded to the SRC. A BDZ Agreement was approved and executed on July 24 , 2013 for the Phase II SRC Expansion Project. This Agreement expired on December 31 , 2013 and no fees or taxes were rebated. BACKGROUND: The City has had a continued partnership with the SRC since its beginning in 1978 and especially after the organization moved into its current headquarters at 3227 Chase Street in 1982. The Wheat Ridge facility serves as the center of operations for all of SRC's organizational services provided in Wheat Ridge and the rest of the Denver metro area. FINANCIAL IMPACT: A supplemental budget appropriation from General Fund undesignated reserves in the amount of $15 ,000 is required to fund this request. RECOMMENDATIONS: None RECOMMENDED MOTION: "]move to approve Resolution No. 18-2015 a resolution amending the fiscal year 2015 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $15 ,000 for the purpose of providing a donation to the Seniors' Resource Center Phase II Facility Expansion Project." Or, "I move to postpone indefinitely the approval of Resolution No. 18-2015 for the following reason(s): " REPORT PREPARED BY; Patrick Goff, City Manager ATTACHMENTS; 1. Resolution No. 18-2015 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of 2015 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $15,000 FOR THE PURPOSE OF PROVIDING A DONATION TO THE SENIORS' RESOURCE CENTER PHASE II FACILITY EXPANSION PROJECT WHEREAS, the Seniors' Resource Center (SRC) is proceeding with the Phase II Facility Expansion Project of their facility located at 3227 Chase Street; and WHEREAS, the improvements to the facility will allow the SRC to increase services to the community by 25% by 2018; and WHEREAS, the estimated construction cost for the project is $1.4 million and will generate $25,200 in building use tax and $13,368 in permit and plan review fees; and WHEREAS, the City Council would like to contribute $15,000 to this project in lieu of a tax and fee waiver; and WHEREAS , the Wheat Ridge Charter requires 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: The City Council authorizes the transfer of $15 ,000 from the General Fund undesignated reserves to account number 01-102-700-780 and the amendment of the 2014 Fiscal Year revenues accordingly. DONE AND RESOLVED this gth day of March 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 ' ~~(_J~ 10atb. {Jb-e, z_ ~ ~4 ~/d.;JbPv~?o-4,d ~ lr)z ~7 &f~oe_ ~ 6,U~o___ s~ h-v, fh___ ~/ a~ 4P<J a_~ g -~-~ ~~ /Ja:uc{ 7 ~ a_c ~ ~ v 0cw ~ ~ i ~ ot:c__ 4¢: ~ . . J~~CLG!cc_ 7 ~ /~~ ~~~a_ ~i0 ff ~[},.fA( ~-'L- cJ ~ lt.e__ rv..£:; /h4 ~ ~~ o_.e1d-o ;:::;t ;:_ ~ ~· ::::::::;~~ ~~ 0-h~ . ·;~y~ ~ v-oA0UC( ~ ~_p ~.() 7£<.z~~~-to~~ ~ ·-iVa_ ~~I~CVO ~' ;nud_ 1J ~~~~~ ~~r--P ~ ~~~. d~~~~-6ad ~ /~ ~-. ~ ~L.~ (}1__