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HomeMy WebLinkAboutZOA-98-03INTRODUCED BY COUNCIL MEMBER Worth Council Bill No. 46 L Ordinance No. 1143 Series of 1993 TITLE: =AN ORDINANCE AMENDING CHAPTER 21, ARTICLE IV, SECTIONS 21-151 (1) AND (2), OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, CONCERNING COURTESY BUS SHELTERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. COLORADO. THAT: Section 1: Chapter 21, Article IV, Section 21-151 (1) and (2) of the Code of Laws of the City of Wheat Ridge. Colorado, concerning courtesy bus stop shelters are amended as follows: Section 21-151. Bus stop shelters. "file City may provide for the erection of bus stop shelters directly by the City, by contract, agreement, or otherwise. All such bus stop shelters shall be constructed in compliance with the requirements of the Americans With Disabilities Act. If erected by contract or agreement with a private company, the terns of such contract or agreement shall govern the placement of such shelters, provided, however, that all such shelters shall comply with the following requirements of this article IV (wherein all references to "courtesy benches" shall be deemed by this reference to include `'bus stop shelters'): (1) Location: Srrtiorr°_M= k(f*j prc*tidrd All bus shelters may be located on all Class 2, 3, 4 and 5 (collector, arterial or major arterial) roadways. No bus shelter may be permitted on any Class 6 or 7 (local) roadways other than at intersections of a major roadway as described above (refer to Exhibit A). Locations shall be generalh• as Shown on attached Exhibit 13, with final approval of locations determined by the City. However, the City may dens. permission to locate a btu stop shelter at a specific location for any reason. 21-124(d), , g. (2) Prior to construction of a bus shelter, the site shall be posted with a sign indicating a shelter is proposed at that location and anyone objecting to the location shall indicate to the City in writing, within 15 days of the posting of the sign, their objection and the reasons therefore. Any location which receives an objection shall be presented to City Council at a public meeting for approval or denial. The City shall have the final determination on the locations for bus shelters. (3) The City Council map, by Resolution, add or delete locations shown on Exhibit B. (74) Bus stop removal: Section 21-126. (45) Applicant for miscellaneous building permit required: Section 21-142(a). (56) Indemnity to the City and the public: Section 21-147. (67) Assignment or transfer: Section 21-143). (73) Denial, revocation: Section 21-149. (H9) Removal following revocation: Section 21-150. (Ord No. 1996-1016. 3 3, 2-12-96) Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is pronudgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessar}' for the preservation of health and safety and for.the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid. such judgment shall not affect application to other persons or circumstances. Section q. Supersession Clause. if any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions. requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge. which are in existence as of the date of adoption of this Ordinance, the provisions. requirements and standards herein shall supersede and prevail. Section 5. phis ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on Wheal I:id_e. Colorado. this 9th clay of November , 1998, ordered published in full in a newspaper of general circulation in the Cite of Wheat Ridge and Public Hearing and consideration on final passage set for . December 14 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 14thdav of December 1998. SIGNED by the Ma\ or on this h day of December 1995 \T1 f:S l': Wanda liana. City Clc Ordinance No. CERVENY, MAYO APPROV A ' 1'0 FORM BY CITY ATTORNEY I~Iev 0 GE DAHL, CrfY ATTORNEY live Ist Publication: November 13, 1998 -)lid Publication: December 18, 1998 Wheat Ridge Transcript Effective Date: January 1, 1999 s7 EnBarbarrCCCRN S,RLS0-ORD\BIiNC'I[ORD.CC.w pJ - Ordinance No. Page 3 EXHIBIT A Y 0 a i n >0 > Nf NZ x r Ty m Sg m a n~ mm H R, m A x O O YT EXHIBIT B ~l mG m H Y • MLLH 5T - nl . - o IUMIH 5T ° o % x ~o C / n N v I . WIII T R U) = r . N rn . s S ~ rn N . ~ N 71 ~ 1 ~ I N = nn 1ea Yj ~ { Q ( { y g m v i = It a L 5!cn o ,w . w D CITY COUNCIL MINUTES December 14, 1998 Page - 4 - Motion by Mr Siler that Council Bill 49 Case No ANX-98-05 "Annexing to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park- and-Ride with an address of 4695 Ward Road be adopted that the Mayor be authorized to sign and execute the attached Annexation Agreement, contingent upon the approval of Case No WZ-98-17 establishing the zoning of the property; seconded by Mr Mancinelli, carried 6-2 with Mrs Dalbec and Mrs Shaver voting no F Council Bill 50 - An ordinance zoning certain property known as Regional Transportation District Ward Road Park-and-Ride Facility generally located west of Ward Road, north of Interstate 70, south of the Kaiser Permanente Ward Road Medical Facility, east of Mount Olivet Cemetary, within the City of Wheat Ridge Colorado as Commercial-One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and Map to conform therewith Motion by Mr Siler that the second reading and public hearing for Council Bill 50 be rescheduled and advertised for the January 11, 1999 Council meeting, seconded by Mr Eafanti, carried 6-2 with Mrs Dalbec and Mrs Shaver voting no ( Item 2. Council Bill 46 - An Ordinance amending Chapter 21, Article IV, Sections 21-151 I,I (1) and (2), of the Code of Laws of the City of Wheat Ridge, County of Jefferson, ~w State of Colorado, concerning courtesy bus shelters Council Bill 46 was introduced on second reading by Mrs Worth, title and summary read by the Clerk, Ordinance No 1143 assigned Mr White was sworn in by the Mayor and gave an overview of the ordinance for second reading which addresses an amendment to the City's current requirements for bus shelter locations Mr DiTullio questioned wether or not the bus shelter on 32nd & Chase (Library) is going to have any advertisement on it. Stating that in one of the earlier discussions they agreed that advertisement in a residential area isn't going to fly Mr Gary Young was present and sworn in by the Mayor Mr Young answered Mr DiTullio's question stating that every 151h shelter that they put in is a non-advertising shelter The bus shelter located at 32nd & Chase would be an appropriate location for non-advertising CITY COUNCIL MINUTES December 14, 1998 Page - 5 - Mrs Worth mentioned that three locations that have no bus shelters proposed and she thinks there should be bus shelters located in those spots mr 441h & Tabor - There is an apartment house and between 44`h & 1-70 there are quite a few rentals and duplexes and assuming that they would take the bus if those people had access to a nice bus shelter w- Holland and 381h Ave - quite a few High School students take the bus going east. T Prospect Park. Mr Siler asked that bus shelters that will be constructed in place of existing RTD bus shelters on 38'h and 44th and Wadsworth be moved further back. Mr Mancinelli asked that bike racks be provided at some of the bus shelters Mr Young stated this was not part of their contract, but they would work with staff on that. Mr Mancinelli asked for a shelter at 441h & Pierce Mrs Dalbec asked that the large glass shelter at Lutheran not be removed Mrs Shaver feels that the glass shelters should be left standing Motion by Mrs Worth to adopt Council Bill 46 (Ordinance 1143), approving amendments to Sections 21-151(1) and (2) of the City's Code of Laws addressing the placement of bus shelters within the City with the following conditions 1 No advertising would be allotted to the bus shelter at 32nd & Chase, 2 that no existing glass shelters that are serviceable, specifically at Lutheran Hospital and 38`h & Wadsworth and 44th & Wadsworth be removed, seconded by Mr Eafanti, carried 8-0 Item 3. Council Bill 44 - An Ordinance amending the Wheat Ridge Code of Laws to codify the Home Rule Charter change to a Council-Manager form of government. Council Bill 44 was introduced on second reading by Mr DiTullio, who also read the title and summary Ordinance No 1144 was assigned Motion by Mr DiTullio for the approval of Council Bill 44 (Ordinance 1144), seconded by Mr Eafanti Motion by Mrs Dalbec for an amendment that any references to his be changed to his/or her seconded by Mrs Worth, carried 6-2 with Mr DiTullio and Mrs Shaver voting no Motion carried 7-1 with Mr Siler voting no CITY COUNCIL MINUTES: November 9, 1998 Page - 5 - Item 5 ouncil Bill 46 - An Ordinance amending Chapter 21, Article IV, Sections 21-151 at~ (1) and (2), of the Code of Laws of the City of Wheat Ridge, County of Jefferson, G^ State of Colorado, concerning courtesy bus shelters. Council Bill 46 was introduced on first reading by Mrs. Worth; summary read by the Clerk. Motion by Mrs. Worth that Council Bill 46 be approved on first reading, ordered published, public hearing be set for Monday, December 14, at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr. Siler; carried 8-0. DECISIONS. RESOLUTIONS, AND MOTIONS Item 6. Resolution 1689 - A Resolution authorizing an Intergovernmental Agreement with the Urban Drainage and Flood Control District to design a solution to the confluence of Clear Creek and Lena Gulch. Resolution 1689 was introduced by Mrs. Shaver; summary read by the Clerk. Council then questioned Mr. Goebel about the plans and mentioned some of the concerns. Motion by Mrs. Shaver for the approval of Resolution 1689 and that the City's 1998 budget be amended to reflect the appropriation of $25,000 in the Capital Projects Fund for the Clear Creek/Lena Gulch design from the Miscellaneous Drainage projects account; seconded by Mr. Mancinelli; carried 8-0. Item 7. Selection of Council President and Mayor pro-tem. Motion by Mr. Mancinelli that Mr. Siler serve as the Council President; seconded by Mr. Donnelly. Motion by Mrs. Worth for an amendment that if Mr. Siler also serves as parliamentarian he take a course in registered parliamentary procedure, preferably through a parliamentarian that knows Wheat Ridge rules; seconded by Mr. DiTullio; carried 6-2 with Mrs. Shaver and Mrs. Dalbec voting no. Original motion carried 5-3 with Councilmembers Shaver, Dalbec and Worth voting no. Motion by Mr. Donnelly that Mr. DiTullio serve as the Mayor pro-tem; seconded by Mr. Eafanti; carried 7-1 with Mr. Siler voting no. 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 November 2, 1998 Mr. Gary Young Outdoor Promotions LLC 12301 N. Grant Street Suite 240 Thornton, Colorado 80241 Dear Mr. Young: The City of qb'N Wheat GRidge This letter is a follow up to my fax to you on October 27, 1997. Based upon the letter from the City Attorney, the City cannot include the amendment you requested in the contract for the bus shelters. Related to the contract, I spoke with our attorney about the extension of time to complete construction of the shelters. He stated that we could accomplish this by a letter request to amend the contract. I need from you a letter requesting an amendment to the contract citing the paragraph containing the completion date, and requesting a new completion date. Your letter should also explain why you are requesting the extension of time for completion. I will need to receive this letter by the end of November for review by the City Attorney prior to preparing Council packets. We are still on schedule to have first reading to amend the ordinance on November 9`h, with second reading and the contract amendment on December 14'h. Please contact me if you have any questions. Sincerely, II//ll A c r. Wi Alan C. White, AICP Planning and Development Director (303) 234-5900 • ADMINISTRATION FAX: 234.5924 POLICE DEPARTMENT FAX: 235-2949 41NHA)~ City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White, Planning Director FROM: Sean McCartney, Planner SUBJECT: ZOA-98-3: Amending Sections 21-151 (1)(2) of the Code of Laws DATE: September 2, 1998 I have scheduled Case No. ZOA-98-3 to be heard before the City Council on November 9, 1998. As you may recall, this case was already taken before City Council as a ls` reading. However, the body of the amendment has changed in that the request is now to amend Section 21-151 (1) and (2), instead of the original request of Section 21-124(d) and 21-151(2). Can we still proceed to the 2"d reading without having to reissue another case number and starting the process over again? I believe the saving grace in this is that we did publish this request as amending Section 21-151. I believe that the original publication would cover this amended request and we should be able to carry through to 2nd reading. What do you think? ~V..' -fo 4 rvatc- 'Y!9 L 3211° & Youngfield Southeast Side Last Bound 2. 38`" & Kendall Northwest Side West Bound 3. 44"' & Garrison Northwest Side West Bound 4. 44"' & Garrison Southeast Side East Bound 5. 44"' & Kipling Northwest Side West Bound 6. 44m E/O Ward Road Southwest Side East Bound 7. Kipling & 38M Southwest Side South Bound 8. Kipling & 41" Northeast Side North Bound 9. Kipling & 49"' Northeast Side North Bound 10. Kipling & 496' Southwest Side South Bound 11. Sheridan & 38'" Southwest Side South Bound 12. Wadsworth & 351 Southwest Side South Bound 13. Wadsworth & 41" Southwest Side South Bound ~GIS~~I (eG~ 14. Wadsworth & 481" Northeast Side South Bound 15. Youngfield & 32' Northeast Side North Bound 16. Kipling & 44"' Northeast Side 17. Kipling & 446 Southwest Side 18. Youngfield & 32"° North of Current Site 19. Youngfield & 32II4 North of Site #18 20. Wadsworth & 20' Northeast Side 21. Wadsworth & 29S) Northeast Side 22. Wadsworth & 35`" Southeast Side 23. Kipling & 38"1 Southeast Side 24. Wadsworth & 32"" Southwest Side 25. Wadsworth & 44"' Northeast Side 26. Wadsworth & 44m Southwest Side 27. Wadsworth & 3e Northeast Side 28. Wadsworth & 38f Southwest Side 29. 387" & Vance Northwest Side 30. 38m & Wadsworth Southeast Side Z 1 -Z RT}1 a; -alas +-i S011+h 4z,& FROM : OUTDOOR PROMOTIONS PHONE NO. : 970 225 1560 Apr. 30 1998 09:42AM P2- Sheto~.1.. Placement J~.~L 1 ~ Wheat Ridge 1. Kipling & 44 Northeast Corner (Property N10 Phillips 66) R2 2. Kipiing & 44`'. Southwest Corner (Property Siv Apt. Cornpiex, within 100 feet of a residence) 3. Kipling & 32nd, Northeast Comer ( Within 100 feet of a residence ) 4. Wadsworth & 35'' Northeast Comer ( Zoned R-2 ) 5. Wadsworth & 20, Northeast Corner (Zoned R-2 ) 6. Wadsworth & 266, Northeast Corner (Zoned R-2 ) 7 Kipling & 38i° Northeast Comer 8. Wadsworth & 32nd, Southwest Corner (Pursuing easement) 9. 38'h & Sheridan; Northwest Corner (Pursuing easement) 10. Youngfield & 32nd, Southwest Comer 11. Youngfield & 32nd Northeast Corner (Chili's) 12. Youngfield & Applewood Center Northeast Corner (World Savings) 13. Youngfield Plaza, East Comer 14. Wadsworth & 44", Northeast Comer 15. Wadsworth & 44"1 Southwest Comer 16. Wadsworth & 38" , Northeast Comer 17. Wadsworth & 38", Southwest Comer 38' & Vance, Northwest Comer 19.38' & Wadsworth, Southeast Comer 38``' & Lutheran Parkway, Southwest Comer FROM : OUTDOOR PROMOTIONS PHONE NO. : 970 225 1560 Apr. 30 1998 09:42AM P1 Outdoor Promotions 1839 East Harmony Road, Unit #4 P.O. Box 270807 Fort Collins, CO 80527 (970) 225-1560 Fax Transmission Cover Sheet Date: a 9 / ?e To. Sf~F} can Fax: 303 _a3S- 2145 Subject: S J r s Sender: G C, ~,r .,.A j,_F' ,Lr yr 3 VAUE(S), INC IT IN TTHIS VER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (970)225-1550. . y. 11~ FROM : OUTDOOR PROMOTIONS PHONE NO. : 970 225 1560 Apr. 30 1998 09:43AM P3 0 xm -rl w - 7J m m t r' o t0 ~ m o n m m j 3 H 3 d r ~ V C On Cr Q L1i 1r ry Q Ira r 0 v o' 40 O FROM : OUTDOOR PROMOTIONS PHONE NO. : 970 225 1560 Apr. 30 1998 09:42AM P2 ."helter Piaee ent Wheat Ridge 1. Kipling & 44 Northeast Comer ( Property N10 Phillips 66) R2 2. Kipiing & -i4'", Southwest Corner (Property Siu Apt, Complex, widen 100 feet of a residence) 3. Kipling & 32°d, Northeast Corner( Within 100 feet of a residence) 4. Wadsworth & 35tih, Northeast Comer ( Zoned R-2 ) 5. Wadsworth & 29d', Northeast Comer (Zoned R-2 ) 6. Wadsworth & 26"', Northeast Comer ( Zoned R-2 ) 7 Kipling & 3e, Northeast Comer 8. Wadsworth & 32"d, Southwest Corner (Pursuing easement) 9. 38"h & Sheridan, Northwest Corner (Pursuing easement) 10. Young&eld & 32"'t , Southwest Comer 11. Youngfreld & 32°d Northeast Comer (Chili's) 12. Youngfield & Applewood Center Northeast Comer (World Savings) 13. Younglield Plaza, East Comer 14. Wadsworth & 44", Northeast Corner 15. Wadsworth & 44~" Southwest Comer 16. Wadsworth & 38', Northeast Comer 17. Wadsworth & 38"', Southwest Corner 18. 38'" & Vance, Northwest Comer 19.38"' & Wadsworth, Southeast Comer 20. 38ti' & Lutheran Parkway, Southwest Comer PROM : OUTDOOR PROMOTIONS PHONE NO. : 970 225 1560 Apr. 29 1998 04:38PM P3 m • Present Sheller LOWflOn ft, *Proposed Wheat Ridge LOCatiOrls CITY COUNCIL MINUTE' APRIL 27, 1998 PAGE -3- 2 ORDINANCES ON FIRST READING Item 2. Council Bill `15,- An ordinance amending Chapter 21, Article IV, Sections 21-124(d) and (e) and Section 21-151, of the Code of.Laws,.of_the.City of wheat Ridge, County of Jefferson, State of Colorado, concerning Coutt6'sy Bus' ,.Shelters-. Council Bill 15 was introduced on first reading by Mr. Siler; title and summary read by the Clerk. Mr. Middaugh explained the Bus Shelter requirements and the placement of shelters. Gary Young, Company Representative, was sworn in by the Mayor and answered Councils` questions. Motion by Mr. DiTullio that Council Bill 15 be postponed and sent to a Study Session for rewriting; seconded by Mr. Eafanti; carried 7-1 with Mrs. Shaver voting no. Item 2A. Council Bill 16 - An Ordinance amending section 2-56 of the Code of Laws regarding membership requirements of the Animal Control Commission. Council Bill 16 was introduced on first reading by Mr. DiTullio, who also read the title and summary. Motion by Mr. DiTullio that Council Bill 16 be approved on first reading, ordered published, and a public hearing be set for Monday, May 18, 1998 at 7:00 p.m. in the City Council chambers, Municipal Building, and if approved on second reading take effect upon passage; seconded by Mrs. Dalbec; carried 7-1 with Mrs. Worth voting no. DECISIONS RESOLUTIONS AND MOTION Item 3, Construction of a "Rockies" baseball field in the City of Wheat Ridge. Item 3 was introduced by Mr. Siler; title and summary read by the Clerk. Mr. Middaugh and Mr. Wardle presented to Council. Mr. Wardle answered questions from Council. AGENDA ITEM RECAP AGENDA ITEM Z. April 27, 1998 Meeting Date QUASI-JUDICIAL - X Yes No _ PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS PROC./CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR I ST READING _ BIDSIMOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING _ INFORMATION ONLY _ PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: Case No. ZOA-98-3: Courtesy Bus Shelter. Regulations SUMMARY/RECOMMENDATION: An amendment to Sections 21-124(d) and (e) and Section 21-151 of the City's Code of Laws addressing the separation requirements between advertisement shelters ani residential structures zoxt4 ul~ ATTACHMENTS: BUDGETED 1) Ordinance ITEM: Yes No 2) RCM Memo 3) Fund Dept/Acct # Budgeted Amount $ Requested Exepnd.S Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: "I move that Council Bill No. L5- be approved on first reading, ordered published, public hearing be set for Monday, June 8, 1998, at 7:00 p.m. in the City Council chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication. C:\Barbara\CC RPTS\zoa983 coverpage, wpd ° oo p OO o 0 0 ° ° o 0 0 ° °oo°°°°° NgN°o8g°°oooo8ggoogooooo 8~ C) C) °°gP°o ~°°S° o °8 1"10 00 C) o °r d-Q (D 0 ~~(0r-°~°n° 10 z I---_- - ~w i Ck J: m °Z ° g i W N ! 1 Z in FL I: F O win z°E- FZZ wozoZ o O~O v~i °3F UJ LU (Y to wz 3 OW T) ~Q J N < I° Y Z O O 0 n< O< Z H~ Jp N F on W _J 0 u_ Z N ty w 1_n W Z N V) W <<~ w o w N W F< Z O~ 0 z 3 F W Q W m o N W J N Q< J < Z Z uw O~ ~ Y z z Z 7 Z Z R' Z C7 O W W<~ 0] W< W tY w Y 3 J° J 3 W z a= J N w N J (h, lX J W. 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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1: Chapter 21, Article IV, Section 21-151 (1) and (2) of the Code of Laws of the City of Wheat Ridge, Colorado, concerning courtesy bus stop shelters are amended as follows: Section 21-151. Bus stop shelters. The City may provide for the erection of bus stop shelters directly by the City, by contract, agreement, or otherwise. All such bus stop shelters shall be constructed in compliance with the requirements of the Americans With Disabilities Act. If erected by contract or agreement with a private company, the terms of such contract or agreement shall govern the placement of such shelters; provided, however, that all such shelters shall comply with the following requirements of this article IV (wherein all references to "courtesy benches" shall be deemed by this reference to include "bus stop shelters"): (1) Location: Seeti=21-124(b); provided All bus shelters maybe located on all Class 2, 3, 4 and 5 (collector, arterial or major arterial) roadways. No bus shelter may be permitted on any Class 6 or 7 (local) roadways other than at intersections of a major roadway as described above (refer to Exhibit A). Locations shall be generally as shown on attached Exhibit B, with final approval of locations determined by the City. However, the City may deny permission to locate a bus stop shelter at a specific location for any reason. - that bus stop shelte, s vv itit ad vet tising shall not be permitted vithin one-litnidTed-ff" feet of any one-fainily tesideritial dwelling 4 (32) Bus stop removal: Section 21-126. 6(43) Applicant for miscellaneous building permit required: Section 21-142(a). la (54) Indemnity to the city and the public: Section 21-147. 7 (65) Assignment or transfer: Section 21-143. t (76) Denial, revocation: Section 21-149. 0(($7) Removal following revocation: Section 21-150. (Ord No. 1996-1016, § 3, 2-12-96) 'f o Section 2. Safety Clause. The City Council hereby finds, de mines, and declares that this ordinance is promulgated under the general police power of the Ci of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public an that this ordinance is necessary for the reservation of health and safety and for the protection of p is convenience and welfare. The City (2.) prJoP'~ 0DJ4*lnd0A of bus ytte; fi smell be p©-4(5l cvrIfl- a ,~(J" 1ki(o ty19 a rs Pw art *>t 1OV?Ck 8+1d 0;J()A.e-66 ~t7( (Ota~lOv~ sly!( rv~tca~7x w ori~h , kll`f bvr, (5 oh s or Yke_X ~v(K. S/C~. N/~ O OVI 34tCy~I Y `~OhS ~f2. - Aq ` la~l (/ol,, OU VY " J ,*4 ~O awl cif tot be Pfe5ep J (~P~r (a C sG~l(rr.,nmYtOti owe ~fl~ /oca~ s T 7VN( OP bra "At(f s 6 ~a ate, ~d~ o~ locd~to~s w~ o~ (3) rte= C courier f , y Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1998, 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 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 1998. SIGNED by the Mayor on this day of 1998. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Cleric APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C\Bubua\CCRPTS\RESO-ORD\B ENC HORD. CC. wpd Ordinance No. - Page 2 CITY OF WHEAT RIDGE MEMORANDUM OF WHEAT To:. Mayor and City Council c~ m From: ager Subject:. BUS SHELTER ORDINANCE AMENDMENT ~o~oRno° Date: OLD, 1998 Attached please find an ordinance for first reading which addresses the City's current requirements for bus shelters. As the City Council may be aware, we currently contract with a private company to build and maintain the bus shelters within our community. The shelters for which we contract are different than the RTD shelters. Our contract shelters are green, incorporate the City logo and in many instances, advertising panels as part of the structure. The City has been approached by the bus shelter contractor with concerns regarding the limitations currently contained within our ordinance. In practice, our bus shelter contractor has found that the ordinance is so limiting as to not allow them to be able to fulfill the terms of the contract and provide the necessary shelters throughout the community. Specifically, the severe limitation on advertising panels has affected their ability to build in an economic fashion the number of shelters originally anticipated. Given that our experie ce with the shelters has been positive in the areas in which they are placed, we have worked with a con actor to develop an ord ce amendment which we believe will address eir concerns le still not egatively impac ' g the co unity. The attached ordin {provides that gre ter latitu will be afforde to our bu "ell-ter contracto ' the placeme us shelters with adve 'sin an is currently allow a existing ordinance. antial change is that bus shelters with advertising would be allowed within 50 feet of residential uses within the community as specifically enumerated in the attached ordinance. QOVY C41~j Y the rxoMsi the are not acce a e to the us shelt orovi r or re' to Respectfully submitted, .Robert C. Middaugh City Manager A4.27 which has in effect. we INTRODUCED BY COUNCIL MEMBER Council Bill No. 15 Ordinance No. Series of 1998 TITLE: AN ORDINANCE AMENDING CHAPTER 21, ARTICLE IV, SECTIONS 21-124(d) and (e) AND SECTION 21-151, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, CONCERNING COURTESY BUS SHELTERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1: Chapter 21, Article IV, Sections 21-124(d) and (e) and Section 21-15lof the Code of Laws of the City of Wheat Ridge, Colorado, concerning courtesy bus stop shelters are amended as follows: Section 21-124 Construction specifications; location, maintenance (d) Zones in which advertising matter on benches permitted. Benches at the bus stops which do not contain any advertising matter shall be allowed in all zone districts. Benches without advertising shall not be subject to assessment of a permit fee, and may have a courtesy plaque, no larger than forty-eight (48) square inches, announcing the name of the person, organization or company responsibility for placement of the courtesy bench. Benches which contain advertising matter shall be permitted, by right only in the following zone districts: (1) Commercial series (RC-1 R-C, C-1,C-2, PCD) (2) Industrial (PID) (3) Multifamily (R-3, R-3A, PRD) (4) Hospital (H-1, H-2) (5) Single Family (R-1, R-lA, R-1B, R-1C, R-2, R-2A) restricted to properties where existing uses are: churches, schools, libraries, public facilities, and vacant land along Wadsworth, Kipling, Sheridan, West 44" Avenue, West 38`h Avenue, West 32"d Avenue and West 26" Avenue. The type of advertisement permitted in the Residential-Two and Residential-One zone district shall be permitted only following review by the city manager and planning and development director. (e) Benches without advertising. For every&vc (5j ten (10) benches allowed with advertising, each bench company shall provide one bench without advertising in a residential zones nctrthan thvsc listedin 21-124(d)(5) above. Tile city spmifically finds that cxcltlsion of bMCIM WittaiiLilly, ac!V~165ing fiUln thC A-1, A-2, R-f, R:-IA, R-113, R-1(3, R 2, and R 2A zom distticts i l i . • 1 - - d f-- s ng e -ftan fy , bench es do not de nigrate the nes tlictic cha r acter is ti cs thereof b the presence of a dmitising , areas MMUCLated in this subsmt ion. b O Section 21-151. Bus stop shelters. The City may provide for the erection of bus stop shelters directly by the city, by contract, agreement, or otherwise. All such bus stop shelters shall be constructed in compliance with the requirements of the Americans With Disabilities Act. If erected by contract or agreement with a private company, the terms of such contract or agreement shall govern the placement of such shelters; provided, however, that all such shelters shall comply with the following requirements of this article IV (wherein all references to "courtesy benches" shall be deemed by this reference to include "bus stop shelters"): (1) Location: Section 21-124(b); provided however, the city may deny permission to locate a bus stop shelter at a specific location for any reason. (2) Zones in which advertising matter is permitted: Section 21-124(d); provided, however, that bus stop shelters with advertising shall not be permitted within one Itnndred (-1" fifty (50) feet of any one-family residential dwelling. (3) Bus stop removal: Section 21-126. (4) Applicant for miscellaneous building permit required: Section 21-142(a). (5) Indemnity to the city and the public: Section 21-147. (6) Assignment or transfer: Section 21-143. (7) Denial, revocation: Section 21-149. (8) Removal following revocation: Section 21-150. (Ord No. 1996-1016, § 3, 2-12-96) Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Page Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 1998, 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 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of SIGNED by the Mayor on this ATTEST: Wanda Sang, City Clerk lst Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 1998. day of , 1998. GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY C:\Barbara\CC RPTS\R ESO-O RD\B ENC HOR D.CC. wpd Ordinance No. Pale 3 OUTDOOR PROMOTIONS PHONE NO. 970 225 1560 Apr. 16 1998 02:24PM P1 OUTDOOR PROMOTIONS FACSIMILE TRANSMITTAL SHEET TO: FROM SEAN MCCARTNEY ANNETTE CRAIG COMPANY, DAI K: City Of Wb=t Ridge 04/16/98 FAX NUMBER, TOTAL NO. OF PAGES INCLUDING COVEK (303) 235-2857 3 PHONE. NUNf8F.R: IF YOU HAVE ANY PROBLEMS WITH THIS FAX PLEASE CALL (970) 225 -1550 RE,: SHELTER PLACEMENT D URGENT XFOR REVIEW Q PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEA5E RECYCLE NOTES/COMB,ffNTS: PER GARY YOUNG OUTDOOR PROMOTIONS 1839 HARMONY ROAD 84 P.O. ROX 270807 FORT COLLINS, CO 90527 FF13M : OUTDOOR PROMOTIONS PHONE NO. : 970 225 1560 Apr. 16 1998 02:24PM P2 Shelter Placement Wheat Ridge 1. Kipling & 44th, Northeast Corner ( Property NJO Phillips 66) R2 2. Kipling & 4,0, Southwest Corner (Property S{O Apt. Complex, within 100 feet of a residence) 3, Kipling & 32nd Northeast Comer( Within 100 feet of a residence) 4. Wadsworth & 35"', Northeast Corner (Zoned R-2 ) 5. Wadsworth & 29"', Northeast Corner ( Zoned R-2 ) 6. Wadsworth & 26"', Northeast Corner (.Zoned R-2 ) 7. Wadsworth & 32nd, Southwest Comer (Pursuing easement) 8. 30 & Sheridan, Northwest Comer (Pursuing easement) 9. Youngfield & 32nd, Southwest Corner 10. Youngfield & 32nd Northeast Corner (Chili's) 11 _ Youngfield & Applewood Center Northeast Corner (World Savings) 12. Youngfield Plaza, East Corner 13. Wadsworth & 40. Northeast Corner 14. Wadsworth & 441h' Southwest Corner 15. Wadsworth & 38i11 , Northeast Comer 16. Wadsworth & 38th, Southwest Corner 17. 38"' & Vance, Northwest Comer 18. 38"' & Wadsworth, Southeast Corner 19. 38'h & Lutheran Parkway, Southwest Corner FROM : OUTDOOR PROMOTIONS C V d V a L r-1 Q0 4.) to Ic' PHONE NO. : 970 225 1560 Apr. 16 1998 02:25PM P3 m m V N W L 91 m i a m a ~ m a log Q m m ° m w m ~ c m ~ m m O J w 11. DISCUSSION ITEMS A. Case No. ZOA-98-3: The City of Wheat Ridge is proposing to amend Sections 21-124(d) and 21-151-2 of the Courtesy Benches and Bus Stop Shelters portion of the Wheat Ridge Code of Laws, Zoning Ordinance to include shelters in the R-2 zones and to lift the 100-foot spacing from a house requirement. Sean McCartney presented this request for an amendment to the city code stating that the present ordinance prohibits the City's contractor, Outdoor Promotions, from completely fulfilling contract requirements to construct and maintain bus shelters in the City of Wheat Ridge. Mr. McCartney informed that in order to allow Outdoor Promotions to comply with the contractual agreement, the proposed amendment would allow for bus shelters to be located in single-family and two-family residential neighborhoods, while permitting advertisement on these structures. He noted that advertisement for shelters located in these districts would be reviewed by staff and limited to certain content and intent. Commissioner SNOW asked why only R-1 and R-2 zone districts were included. Mr. McCartney replied that this requirement could be changed. He stated that placement of bus shelters was intended to increase bus rider ship, and that there is a larger percentage of R-1 and R-2 zone districts. In response to a question from Commissioner SNOW, Mr. McCartney stated that City had not received any complaints in regard to the type of advertising contained in the bus shelters. He also informed that the shelters provide space for various City notices. Mr. McCartney commented that the contractor maintains the shelters very well; for example, the shelters are inspected on a weekly basis and graffiti is removed immediately. He stated that he is the City's representative to the Regional Air Quality Council for the City and that he believed the bus shelters would encourage bus rider ship thereby reducing automobile pollution. Commissioner BRINKMAN stated that she would like to see all residential areas included, rather than R-1 and R-2 only. Planning Commission 04/16/98 Gary Young President of Outdoor Promotions Mr. Young was sworn by Chair THOMPSON. He presented maps depicting the proposed shelter locations and stated that most of the concerns expressed were addressed in the contract his company has with the City. He stated that his company does not have an interest in placing shelters directly in front of a house.. He informed that property owners are notified before a shelter is placed in a location and the company would not place a shelter if the property owner were opposed. He informed that each shelter costs approximately $10,000 and that maintenance costs are approximately $1,200 annually. He also noted that bus shelters have been well received in communities throughout the metropolitan area to encourage bus rider ship. Commissioner SHOCKLEY asked if a property owner could request a change in advertisement if the property owner felt a particular advertisement was objectionable. Mr. Young replied that this was possible and further that a fax of each advertisement is sent to the City staff for approval before being placed in a shelter. Commissioner GOKEY stated that he was in favor of the amendment because he believed the City should do all it can to encourage bus rider ship. Following further discussion, there was a consensus of the Commission to support the amendment with the following restrictions: Concern was expressed as to whether the type of advertisement on bus shelters could be strictly enforced in regard to objectionable content in light of the First Amendment, and that staff be directed to consult with the City Attorney as to an opinion on this issue. 2. That the requirement for the contractor to place a shelter without advertising for every ten with advertising be retained, and that the contractor place the free shelters as quickly as possible. 3. That the shelters be placed in all zone districts, and that in residential districts they be restricted to properties where uses include churches, schools, libraries, other public facilities and vacant land. B. Planning and Zoning Division Projects: There was a consensus to reschedule this matter for the Planning Commission meeting of May 7, 1998. C. Body Art Regulations: There was a consensus to reschedule this matter for the Planning Commission meeting of May 7, 1998. Planning Commission Page 12 04/16/98 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Sean McCartney, Planner SUBJECT: Case No. ZOA-98-3 / Courtesy Bus Shelters DATE: March 23, 1998 U Approximately two years ago, the city was approached by an outdoor advertising contractor (Outdoor Promotions) to locate 30 or more bus shelters throughout the city. The contract, which was adopted by City Council, required that the 30 bus shelters would comply with the amended bus shelter ordinance established on the Wheat Ridge Code of Laws and installed by December 1997. According to Gary Young, the President of Outdoor Promotions, there are a few requirements established in the bus shelter ordinance which are prohibiting the contractor from fulfilling the contract requirements. Therefore, an amendment to the bus shelter ordinance is requested. Mr. Young has expressed that by allowing advertisement in the Residential-One and Residential- Two zone districts, as well as omitting the 100' separation requirement between advertisement shelters and residential structures will increase the number of possible shelter locations. The intent of Outdoor Promotions is to provide a shelter for bus riders, advertise to motorists and provide an aesthetically pleasing structure. To allow Outdoor Promotions to comply with the contractual agreement, staff has proposed amended language to the existing Courtesy Bus Shelter ordinance and has attached a copy of the amendment. Approval of this amendment would allow for bus shelters to be located in single- family and two-family residential neighborhoods, while permitting advertisement on these structures. The advertisement for shelters located in these districts will be reviewed by the Wheat Ridge City staff and limited to certain content and intent. Suggested motion: "I move that Case No. ZOA-98-3, an amendment to Section 21-124(e) and Section 21-151 regarding Courtesy Bus Shelters, be forwarded to City Council with Planning Commission's recommendation for approval". INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 1998 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE IV, SECTION 21-124(e) AND SECTION 21-151, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, CONCERNING COURTESY BUS SHELTERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1: Chapter 21, Article IV, Section 21-124(e) and Section 21-15lof the Code of Laws of the City of Wheat Ridge, Colorado, concerning courtesy bus stop shelters are amended as follows: Section 21-124 Construction specifications; location, maintenance (e) Benches without advertising. For every five (5) benches allowed with advertising, each bench company shall provide one bench without advertising in a zone other than those listed above. The city specifically finds that exclusion of benches containing advertising from the A-1, A-2, Imo, R- IA, R- 1B, R- IC, R--2-, and R-2A zone districts within the city is necessary to preserve the aesthetic character and integrity of the predominantly single-family residential homes and neighborhoods established therein. Because the need for benches exists within single-family areas, provided such benches do not denigrate the aesthetic characteristics thereof through the presence of advertising thereon, it is Tequired that fbt every five (5) benches allowe identified above, each bench company shall provide one bench vvithout advertising in One of the predominantly single-family residential areas erimnerated in this subsection. benches with advertising shall be permitted in R-2 zone districts, and in R-1 districts, but in R-1 districts restricted to properties where existing uses are: churches, schools, libraries and other public facilities, along Wadsworth, Kipling, Sheridan, West 44`h Avenue, West 38`h Avenue, West 32°d Avenue and West 26`h Avenue. Advertisement permitted in the Residential-Two and Residential-One zone district shall be permitted following review by the city manager and planning and development director. Explicit or religious advertisement shall be prohibited within the Residential-Two and Residential-One zone districts. Section 21-151. Bus stop shelters. The city may provide for the erection of bus stop shelters directly by the city, by contract, agreement, or otherwise. All such bus stop shelters shall be constructed in compliance with the requirements of the Americans With Disabilities Act. If erected by contract or agreement with a private company, the terms of such contract or agreement shall govern the placement of such shelters; provided, however, that all such shelters shall comply with the following requirements of this article IV (wherein all references to "courtesy benches" shall be deemed by this reference to include "bus stop shelters"): (1) Location: Section 21-124(b); provided however, the city may deny permission to locate a bus stop shelter at a specific location for any reason. (2) Zones in which advertising matter is permitted: Section 21-124(d); provided, however, that bus stop shelters with advertising shall not be permitted within fifty (50) feet of any one-family residential dwelling. (3) Bus stop removal: Section 21-126. (4) Applicant for miscellaneous building permit required: Section 21-142(a). (5) Indemnity to the city and the public: Section 21-147. (6) Assignment or transfer: Section 21-143. (7) Denial, revocation: Section 21-149. (8) Removal following revocation: Section 21-150. (Ord No. 1996-1016, § 3, 2-12-96) Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1998, 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 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 1998. SIGNED by the Mayor on this day of , 1998. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: e:\planning\fovns\ord. fim NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on April 2,1998, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-98-3: The City of Wheat Ridge is proposing to amend Sections 21-124(d) and 21-151(2) of the courtesy Benches and Bus Stop Shelters portion of the Wheat Ridge Code of Laws, Zoning Ordinance to include shelters in the R-2 zones and to lift the 100' spacing from a house requirement. Barbara DelgadiTo, Planning Secretary ATT ST: Wanda Sang, City Cl k To be Published: March 13, 1998 Wheat Ridge Transcript a:\zoa983pn ®vrD0o/I~ via, T/ONS Bus Shelter, Bench 6 Ponel advertising 1839 East Harmony Rood. #4 (970) 225-1550 Ft. Collins P.O. Box 270307 (303) 432-2222 Denver Fort Collins, CO 80527 (970) 353-8854 Greeley (970) 225-1560 Fox (307) 637-4228 Cheyenne (888) 844-6567 Toll Free December 31, 1997 Sean McCartney, Planner City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215 RE: Transit Shelter Placement Requirements Dear Sean: We are concluding the first full year of our contract to place transit shelters there in Wheat Ridge. I am happy to state the citizens have received the program with praise and support. As you know, we have had a difficult time finding RTD stops with enough right-of-way behind the sidewalk to install our shelters. The right-of-way is nonexistent along several streets in town. We currently have installed fourteen shelters. Several of these have been installed on private property by way of an easement from the property owner. In order for us to provide additional shelters, I would like to propose some changes in the restrictions governing their placements. If the allowable areas were expanded to include R-2 zones and the 100' spacing from a house was lifted, it would open several locations. We would continue to seek the blessing of the adjacent property owner even when there is proper room in the right-of-way. I am doubtful however that we v,,"' find enough locations to reach the thirty required in our contract, therefore, 1 believe the contract should be amended eliminating a required number to be installed. I would like to bring these requests before City Council for their consideration. Please begin the necessary sets to put this on their agenda. If you have any questions or need additional information please call me. Sincerely, GaftPresident is ~ ' , ~ - - - ; - u ~ '.r ~ ~ - i : . _ r _ i s ll i i r j..OG4L 'CzoUTE- 1 G'P.t^~"C'1~`? QS/~•4~,A~L~- UJ~Gt^~. C~+lc