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Home My WebLink About01/12/2004 l-. >\0... .J.. .;'{ STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29TH Avenue, Municipal Building JANUARY 20, 2004 7:00 P.M. APPROVAL OF MINUTES OF December 15, 2003 APPROVAL OF AGENDA Item 1. Legislative Update- Senator Moe Keller and Representative Cheri Jahn - Item 2. Budget Update Item 3. Discussion regarding the City Council Retreat CITY COUNCIL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29TH Avenue, Municipal Building December 15, 2003 7:00 p.m. The Study Session was called to order by Mayor Cerveny at 7 04 P m. Council members present: Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Mike Stites, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pam Anderson, City Manager. Randy Young, Police Chief Jack Hurst; Administrative Services Director, Patrick Goff; Director of Community Development, Alan White, Assistant to the City Manager, Barbara Delgadillo, and interested citizens APPROVAL OF MINUTES OF NOVEMBER 17, 2003 Motion by Mr Gokey to approve the Minutes of November 17, 2003, seconded by Mr Schulz; carried 7-0. APPROVAL OF AGENDA - Motion by Mrs. Sang to approve the Agenda as printed, seconded by Mr Gokey; carried 7-0 Item 1. Staff Reports. Mr Young explained why there is a staff report section for the Study Session It will be a quick update with guidance for policy direction A. Urban Area Security Initiative Grant. The staff report was presented by Chief Jack Hurst. He gave an overview of the awarding of the grant, and summarized his memorandum to Council He described the need for improvements to the radio system and the pros and cons related to acceptance of the grant. Chief Hurst recommended that Council pursues the grant process, and said that he will be bringing a document to Council at the first available meeting that will enter the City into the grant process Mr Gokey asked what the cost and long-term obligation will be in entering into the process. Chief Hurst explained the obligations that exist once grant money is accepted 2 He said that there is no commitment until the grant money IS accepted Chief Hurst anticipated the lifespan of the radio system to be approximately 10 years Mrs Adams asked Chief Hurst to prioritize the negatives that he described in his memorandum. Chief Hurst said his largest concern was slow maintenance turnaround times He felt that the training required by the federal government would Incur backfill personnel costs B Community Development Issues (Comprehensive Plans and Proposed Code Amendments) The staff report was delivered by Alan White Mr White has concerns regarding the Comprehensive Plan and where the applicable boundaries lie There is a state requirement that the Comprehensive Plan boundaries extend beyond the municipal boundaries up to three miles before you may annex property In the past, the City has adopted the County Comprehensive Plan It leaves recommended land use and policies in the County's hands. Mr White stated the second issue is a regional issue A discussion followed of Metrovision 2030, and the adoption of the principles of this regional plan ir: the local Comprehensive Plan The Mile High Compact allows for submitted projects for regional Transportation Improvement Plans to receive points for transportation projects involving municipalities that have signed the Mile High Compact. Mr. White said the City is missing out on points by not having signed the Mile High Compact. Ms Berry asked whether Community Development had considered the south-west boundaries for expanding the Comprehensive Plan Mr White stated that he had not previously looked at that, but it certainly could be a possibility Ms Berry asked for consensus to pursue a Comprehensive Plan amendment to look at an urban growth area to the west of 1-70 and to the south west for a potential amendment to the Comprehensive Plan and subsequent submissions to DRCOG, ultimately bringing the Mile High Compact before Council for consideration, Consensus was 6 to 1 with Mr Gokey opposed Mr. Gokey stated that he did not support the Wadsworth Corridor Plan, and will not in the future He described his traffic management concerns for Wadsworth, and his belief that the plan was insufficient. Mr Young said that this move would focus on economic development opportunities, not on the Wadsworth Corridor Plan Mr White explained the considered recommendation to initiate amendments to Chapter 26, particularly the sign code. The changes would include the allowance of corporate 3 flags, a time limitation for temporary signs, and options for the regulation of lights and lighted signs Mr White requested policy direction regarding these three issues Mrs Sang asked for a consensus that the City does not pursue an ordinance regarding a sign code allowing corporate flags, Consensus was 6 to 1 with Ms Berry voting no Mr White recommended that there be a time limit established for temporary signs in the Municipal Code. Mrs. Sang asked for a consensus to establish an ordinance change for a time limit of 60 days; Consensus failed 2 to 5 with Mrs Sang and Mr Gokey voting yes Mrs Sang and Mr Gokey did not feel that 30 days was sufficient time Mrs. Adams asked for a consensus requesting staff and the Planning Commission to study time limits for temporary signs and return with a recommendation to Council, Consensus was 6 to 1 with Mrs. Sang opposed. Ms. Berry asked for a consensus to emphasize the role of the Planning Commission as laid out in the City Charter to bring specific recommendations with the assistance of staff to Council; Consensus is 7 to O. C. Citizen Surveys - The staff report was delivered by Patrick Goff He delivered an update on a few projects. The citizen survey project is the standard for most municipalities and useful in gauging citizen desires and needs. Mr. Goff described the company that will do the survey and general methods of the survey: 1500 random sample mail-in survey Mr Goff passed out a handout of the project timeline and description of the National Research Center. Council will see a final draft of the survey before it is distributed Mrs Adams asked if this was a budgeted item. Mr Goff responded that it was budgeted for 2004. Mr Goff expanded on the reasons to pursue a professional survey rather than an in-house simple survey The survey will be 5 pages including a page for demographics. Mr. Young reminded Council of Mr DiTullio's motion at the last study session, and described how this survey addresses his motion to look at various issues. Mrs. Adams asked for a consensus for Council support for this survey; Consensus was 6 to 1 with Mr Gokey voting no Ms Berry asked for a subset of questions to focus on senior issues Mr Young said that the feasibility study for the needs of a senior center is a separate, more detailed 4 instrument, and this survey would examine what issues are a priority Mr Goff said that they could address senior issues within the survey Motion by Ms. Berry to override council rules to extend the 45 minute time limit for the item, carried 6 to 1 with Mr. Gokey voting no Mr Goff gave a report on the telephone survey The survey is coming out of the City Manager's budget. Item 2. Community Development Block Grant (CDBG). Mr DiTullio arrived after the break, and Mr Gokey did not return after the break The staff report was delivered by Barbara Delgadillo Ms Delgadillo described the CDBG program. The funding for the program is through federal funds Ms Delgadillo described the criteria and rules for the program She also described the criteria for the HOME Investment Partnership Act. She explained how CDBG funds have been utilized in Wheat Ridge in the past. Ms Delgadillo described demographic data for Wheat Ridge to illustrate the need for Community Development Block Grants. She stated that the block grants could assist with certain projects in Wheat Ridge such as business and street improvements, home buyer loan assistance, and small business assistance. Ms Delgadillo detailed recommendations for Council and described a Neighborhood Revitalization Strategy, a guiding policy document for the City. - Ms. Delgadillo received a call from the County regarding the draft recommendations The County has agreed to fund 60% of the request for additional funding This would be $300,000 Ms Delgadillo is looking for guidance from Council on how those additional funds should be utilized She recommended that Council utilizes the entire amount for the Neighborhood Revitalization Strategy Mrs Sang asked for a consensus to utilize the additional $300,000 to be used for the Neighborhood Revitalization Strategy; Consensus was 7 to 0 Item 3. Littleton Economic Development Gardening Program. A presentation was given by Barbara Delgadillo She met with the staff in Littleton She compared the traditional approach to economic development with the Gardening approach. Ms Delgadillo detailed the commitment the Council and the City would have to make to have a program of the scope in Littleton She also described what she felt the future of the gardening approach could be in Wheat Ridge 5 Item 4 City Council Retreat Discussions. Mrs. Sang said that the discussions should include possible dates as well as if it should be overnight, etc. Mr Schulz felt that the retreat should be done in stages Mr DiTullio agreed that smaller sessions would work better for him Mrs Sang agreed Mrs. Adams felt that an effective retreat would require time away Mrs Rotola agreed that it should be away. Ms Berry agreed that a two-day intensive session is most effective Mr Stites felt that there should be shorter sessions Mrs Adams suggested that Council submit to the Council President ideas about what should be considered for a retreat regarding dates in January Meeting adjourned at 9'41 p m ~._' I '---:'--:-'A!J.J.lL., L-Gd Gnu' '/,..-.---- "-----Pamela<r Anderson, City Clerk APPROVED BY CITY COUNCIL ON JANUARY BY A VOTE OF to - Wanda Sang, Council President t s.{ GENERAL AGENDA ITEM COMMENT ROSTER DATE: January 20, 2004 ANY PERSON MAY SPEAK CONCERNING _11'_1~!' EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING Ni\ME, ADDRESS, AND AGENDA ~'l'EM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. PL~~E PRINT lllNl NAME ADDRESS AGENDA ITEM NO. - . .r -, @mIT{ @@woo@~~ ~~oo_ CITY OF WHEAT RIDGE, COLORADO January 12. 2004 'Of 1 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Mike Stites, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF December 8,2003 Motion by Mr DiTullio for the approval of the Minutes of December 8, 2003, seconded by ~ carried <i? / () . CITIZENS' RIGHT TO SPEAK lZOl/1 ~'h ~ MQAA,).;v, I (\It ...:17 4A. tv ~ ~re-.....cr . ( whw- t/"O . - APPROVAL OF AGENDA MohWl ~ M~ ~ tv ~ ~~ cJcl.) ArrU(\{'~ 61 Javvtk> YV~ f-v ~ t6DA. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING I-tcwJ Iv . ?--o (j---O. Item 1. h#U. ~\:h'~ rJ ~ ~ ~ De-tJ~ \ \ 0 I A-ss +- G -fv j \J~ v J '! 31:;, f575l) ~ (31J~\", , ''--... / Public Hearing on 2004-2005 Community Development Block Grant Allocations ( 3'7 (.,) CITY COUNCIL MINUTES January 12, 2004 Page -2- Motion by iLv-, tI,1~tVD-- . to approve the list of staff recommendations for use of the City's 2004-2005 Community Development Block Grant (CDBG) award allocation as follows . $115,298 for street and pedestrian improvements of area bounded by 46th Avenue and 1-70, Estes through Carr Streets. . $ 60,000 to Jeffco Housing Authority for single.family, homeowner rehabilitation program . $ 10,000 to the Senior Resource Center . $ 10,935 to Stride . $ 10,000 to Family Tree . $ 75,000 to in HOME Program funds to the Wheat Ridge Housing Authority . $300,000 for preparation of a Neighborhood Revitalization Strategy; seconded by ~ -+-- ~ carried :? ~ t- . Item 2. COUNCIL BILL 46-2003 - AN ORDINANCE AMENDING SECTION 26- 106 OF THE ZONING AND DEVELOPMENT CODE ADOPTING AN AMENDED LAND USE REVIEW PROCESS CHART (CASE NO ZOA-03-15) - PAM PLEASE MAKE AN ANNOUNCEMENT THAT THE SUGGESTED MOTION IS WRONG. IT SHOULD SAY "AND THAT IT TAKE EFFECT UPON ADOPTION, AS PERMITTED BY THE CHARTER", WHICH IS THE WAY THE ORDINANCE READS. Council Bill 46-2003 was introdu~ second reading by Mr DiTullio Pamela Anderson assigned Ordinance (fjf/J/IJ /3 J 0 ~ w-W...e.. presented t.b.e staff r~port.) 0> tu-" ~ ~ -t~; ~(}..uv lof/Mv'L -(5103) 1Jrrr;tJ#t; (5"11 f)/J \\p ~r w.u--cL<.,J"" , ) Motion by Mr DiTullio to llPpr6Ve Council Bill 46.2003 (Qr:.dinance \3 ) on seco~d f'k.v1wf \ ~ j) reading, and that it take effect upon adoption, seconded by ~~s ~ ~ carded ci- JvI-uhl'vl VV'J-.J-U:{ ovd--- ~Iiw..~l' ~ jtlrr;~r-h~'-C J y-.; -!\.{ '* · d--- ' . , DECISIONS, RESOLUTIONS, AND MOT I NS ~~ S-c. fA vJ-J.. / 8' -- c . Item 3. RESOLUTION 01-2004 - ENDORSING THE CITY'S INVOLVEMENT IN THE JEFFERSON COUNTY TRANSPORTATION ADVISORY AND ADVOCACY GROUP (JEFFTAAG) Resolution 01-2004 was introduced by ~v sc:.-lNv-l c. , Motion by carried ~~~ to adopt Resolution 01-2004, seconded by '~ CITY COUNCIL MINUTES January 12,2004 Page .3- Item 4. CONSENT AGENDA: A. Award SOQ-04-001 Annual Surveying on-call services to various firms B Motion to approve the revised Garage Sale Permit as written and that it be instituted on approval C Revision to the Council Rules of Order and Procedure regarding order of business and the Agenda D Motion to reschedule City Council Study Session scheduled for January 19, 2004, which falls on Martin Luther King Day, to Tuesday, January 20, 2004 Consent Agenda was introduced and read by (lIi;w. c~n/ fY'..mr--r4- - - MY- ~ ~ /.JVrVi 8, ,vl/~, ~.r#(, fl~ t( : 'if v;, ?'Vt- Motion by to apl1rove the Consent Agenda as printed, seconded 'by kC D P7 TvtlJ( vtJ _ Carried I ( !? /7) i ~ . 1h ll~\1i ~ - Item 5. Motion to appoint Bonnie Foulk to the Wheat Ridge Foundation, term to expire March 2, 2007 M6 ~ to appoint Bonnie Foulk to the Wheat Ridge Foundation; term to expire March 2, 2007, seconded by pof-r5&r. carried p~ tJ Motion by Item 6. ~ l4vJ Motion to appoint James Molnar to the Board of Adjustment, term to expire March 2, 2006 Motion by Mr Schulz to appoint Mr. James Molnar to the Board of Adjustment representing District IV This appointment is to fill the vacancy created by his election to City Council, with the term ending March 2, 2006 Mr Molnar's application is on file He has been serving on the Building Code Advisory Board, and that experience with his personal background makes him a highly qualified candidate, seconded by fo~ ~ ' carried 8 --v ~ I. ~ I l~~ lYubj W. ~ SfGlc... --tz; Cci.-wl ~L\( } J CITY MANAGER'S MATTERS (\;{l\A.u CITY COUNCIL MINUTES. January 12, 2004 Page -4- CITY ATTORNEY'S MATTERS rv\;v, ~ -tK~~( '-t-w; '3v~ lb p,~ cc.nLi 4!r)~~t.-: fJiY--fi1& ;g-tJ~ ~ !r~1t &~ ~~ ELECTED OFFICIALS' MATTERS 3 ~ f7J -1Z<-e- ~. ~ Pm ~ l>>u to ~') ~d!. a ~ auh'f}V fo ,tXMd-- ft.t- 11/fJV())H---f~ It-{ fVf i/ -~ &-il/- ~CI Y i< J1;v ~l ~ ~~. U-t{ol t: J"",J 7k1J:' (hb/?'- ~ - 11An (Xr~o J~ OM '1Jkk d'v L- cf -" 0 . {)v(Z ~;h 'CJ avf~t! ' -- - Meeting adjourned at 7:5}- p m Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON JANUARY 26, 2004 BY A VOTE OF to Wanda Sang, Council President The preceding Minutes were prepared according to '47 of Robert=s Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk=s Office, as well as copies of Ordinances and Resolutions. ~ COUNCIL ROLL CALL Councilor Karen Berry ~ounC11or Jerry DiTulho - Councilor Wanda Sang Councilor Dean Gokey --- CouncIlor Karen Adams --Councilor MIchael Stites -Councilor Larry Schulz -Councilor Lena Rotola - -, f O~ 1/12/04 Motion to add Molnar appointment to the agenda. I move to add one agenda item. The subject is the appointment of a member to the Board of Adjustment, and to place this item near the beginning ofthe agenda of tonight's Council Meeting. PUBLIC COMMENT ROSTER DATE: January 12, 2004 ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER. STATING NAME. ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINTllll1l11 NAME ADDRESS TOPIC DATE: January 12, 2004 GENERAL AGENDA ITEM COMMENT ROSTER ANY P~RSQN MAY SPEAg CONCERNING EACH SUCH PERSON MUST SIGN THIS ROSTER. STATING NAME. APD"RESS. AND AGENDA I'l'EMNUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF. OR IN OPPOSITION TO. A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. ~~f NAME ,~ ADDRESS AGENDA ITEM NO. , " ~..~~ ~- .~( CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'f'Y COUNCIL CASE NO. ZOA-03-1S COUNCIL BILL NO. 46-2003 TITLE: ~ ....--;- YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED . , ;V / (.) c.. C }'--f 1,1 ~ -- 1! <~ OCF I' I V /'" COUNCIL BILL 46-2003 -AN ORDINANCE AMENDING SECTION 26-106 OF THE ZONING AND DEVELOPMENT CODE ADOPTING AN AMENDED LAND USE REVIEW PROCESS CHART (CASE NO. ZOA-03-15) IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE! CITY OF WHEAT RIDGE PUBLIC HEARING ROSTER AGENDA ITEM NO.1. PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. TITLE: PUBLIC HEARING ON 2004-2005 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl an CITY OF WHEAT RIDGE, COLORADO December 8, 2003 The Regular City Council Meeting was called to order by Mayor Cerveny at 7.00 p m. Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson; City Manager, Randy Young, City Attorney, Gerald Dahl; Director of Community Development, Alan White, Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF November 24, 2003 Motion by Mr DiTullio for the approval of the Minutes of November 24, 2003; seconded by Mrs Rotola; carried 7-0. PROCLAMATIONS AND CEREMONIES - Mayor Cerveny recognized the following participants in the Neighborhood Cleanup - Jenn Applehans, Kristen Aquil/e, Janae Dietz, Jessica Dietz, Joey Dole, Madison Ferry, Andrew Hausman, Chris Hausman, Callie Huerta, Cassie Huerta, Robbie Huerta, Ashton Lunduhl, Mandy Lopez, Marcus Lopez, Lawrence Ortega and Burgendy Williams. CITIZENS' RIGHT TO SPEAK There was no one present to speak. APPROVAL OF AGENDA Motion by Mrs. Adams to approve the agenda with the change to move Item 3 before Item 1 on the Agenda, seconded by Mr. DiTullio, carried 7-0 Item 3. Selection of Council candidates appointment of Council member for District III to fill David Schneider's term expiring November, 2005. Item 3 was introduced by Mrs Adams; Ms. Anderson read the executive summary Motion by Mr. DiTullio to suspend the Council rules and allow public comment on Agenda Item 3 before a motion is made Mr. DiTullio further moved that the newly appointed member be sworn in under agenda Item 3.; seconded by Mrs Rotola and Mr Gokey; carried 7-0 CITY COUNCIL MINUTES December 8, 2003 Page -2- Carol Taylor, 9750 West 36th Avenue, congratulated all the new members on Wheat Ridge City Council She urged Council to appoint Jerry Montoya as the new District III representative to replace David Schneider who regretfully had to resign. Her encouragement on this choice is based on the fact that Mr. Montoya is the only one of the applicants who went out and worked long and hard to campaign for this position during the elections, he received 800 votes in the election, which shows that 800 people trusted him enough to want to see him in that position Although he lost, they now have the opportunity to have every single person who voted in District III for a candidate to represent them on Council, be represented by the person of their choice. This is a win- win situation for the citizens of District III. Jerry Montoya spoke as an applicant for the District III Council vacancy. He referred to his election brochure, which listed his experience and accomplishments. He spent 3 years on the Board of Adjustment and has a proven record. He is dedicated to this City and hopes Council will appoint him tonight. Mr DiTullio stated for the record that Janet Bell, applicant for the Council vacancy, expressed her wish to Ms Berry that her application be withdrawn for work-related reasons Motion by Mrs. Adams to appoint Michael Stites to fill the District III City Council vacancy; term to expire November 2005, seconded by Mrs. Sang, carried 7-0. Mr DiTullio stated that he was on record as saying that whomever Karen Adams wanted to appoint for her District would get his support. She needs to be able to work with somebody from her District. - ,,', " r ,,' _., .,_ ", '^' ,. ., ~. r. ~.~,/, .~.,. , r '/",- ., _ ,f,.' _",- ,,' "",,",. 'I"' ~ " Mayor Cerveny administered the Oath of Office to newly appointed Council member Michael Stites. Mr Stites took his seat on the dais and participated in the remainder of the meeting. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 45-2003 - AN ORDINANCE CONCERNING COST RECOVERY FOR CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS (Case No ZOA-03-13) Council Bill 45-2003 was introduced on second reading by Mrs. Sang; Ms Anderson read the Executive Summary and assigned Ordinance No 1315. CITY COUNCIL MINUTES' December 8, 2003 Page -3- Mr. Gokey asked Mr. White to explain how the developers will be reimbursed for their portion of already developed property in the area, when improvements are already in Mr White stated that we will have cost estimates of those original improvements and when a subsequent developer comes in through our subdivision process, we will take that total cost of improvements and determine on a pro rata basis what his proportionate share of those costs would be Either on an acreage basis or a per lot basis or a lot frontage base, depending upon what the nature of those public improvements was. Then we will prepare an agreement and make the signing of that agreement a condition of approval of the subsequent subdivision. Motion by Mrs. Sang to approve Council Bill 45-2003 (Ordinance No. 1315) on second reading, to take effect 15 days after adoption; seconded by Mrs, Rotola; carried 8-0. Item 2. COUNCIL BILL 46-2003 - AN ORDINANCE AMENDING SECTION 26- 106 OF THE ZONING AND DEVELOPMENT CODE ADOPTING AN AMENDED LAND USE REVIEW PROCESS CHART (Case No. ZOA-03-15) Council Bill 46-2003 was introduced on second reading by Mr. DiTullio Motion by Mr DiTullio to continue the Item 2 to the January 12'h Council Meeting and that the information in the ordinance be published in its entirety; seconded by Mr. - Gokey; carried 8-0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. Approval of the Open Space Commemorative Donation Program Policy Item 4 was introduced by Mr Gokey; Ms. Anderson read the executive summary. Motion by Mr. Gokey to adopt the Commemorative Policy as part of the Open Space Management Plan; seconded by Mr DiTullio carried 8-0 Item 5. Adoption of the City of Wheat Ridge Open Space Weed Management Plan. Item 5 was introduced by Mrs. Rotola, who also read the Executive Summary Motion by Mrs. Rotola to adopt the City of Wheat Ridge Open Space Weed Management Plan, seconded by Mrs Adams, carried 8-0 CITY COUNCIL MINUTES December 8, 2003 Page -4- Item 6. CONSENT AGENDA. A. Resolution 31-2003 - Levying General Property Taxes for the Year of 2003, to help Defray the Cost of Government for the City of Wheat Ridge, Colorado for the 2004 Budget year. B. Award RFQ-03-044 Senior Community Center Feasibility Study. C. Award RFQ-03-043 Annual Architectural and Engineering On-Call Services to Various Firms. D. Approval of Purchase of Microsoft Licenses from Software Spectrum. E. 2004 Scheduled Fleet Replacement. F Cancellation of City Council Meeting scheduled for December 22, 2003 Consent Agenda was introduced and read by Mr DiTullio. Mr. DiTullio asked to pull B. Mr Gokey asked to pull C. and E. Motion by Mr. DiTullio to approve Items A., D., and F of the Consent Agenda; seconded by Mrs Sang; carried 8-0. Motion by Mr. DiTullio to refer Item 6 8., Senior Community Center Feasibility Study to the first available Study Session, at the discretion of the Council President and City Manager's office, for discussion for the following reasons' 1 This item is an amendment to the budget. 2. The funding for this item derived from the Capital Fund - Mr DiTullio further moves that the City Manager, or his designee, develop an action plan with cost requirements for discussion at the same Study Session with regards to a comprehensive, professional, independent, and quantitative citizen survey(s) of the entire City to determine current and future desired service levels. Survey to include, but may not be limited to, the following City services Senior issues Youth issues Economic development Police Public works Planning and development Parks and recreation Seconded by Mrs Sang, carried 8-0 CITY COUNCIL MINUTES December 8, 2003 Page -S- C Motion by Mr. Gokey to award RFQ-03-043 Annual architectural and Engineering On- Call Service to the ten 910) Short List firms, on an as-needed basis for one year with the option to renew for two (1) year renewals. Hourly rates are firm through December 2004 for projects under $25,000; seconded by Mrs. Sang. Mr. Gokey stated that the Public Works Director had done a fine job in putting this together and bringing it forth He asked that this be explained to the general constituency Tim Paranto stated that the reorganization in the Public Works Department included a reorganization in the Engineering Section, whereby the Engineering Staff has been reduced, providing that larger projects be designed by outside consultants and that in times of need personnel can be brought in from Consulting Firms to augment present staff. The purpose of this is to maintain a minimum staffing in the Engineering Department and then take care of peak staffing needs with outside firms, thereby saving the City money in the long term. This is budgeted as an expenditure in the General Fund Motion carried 8-0 E. Motion by Mr. Gokey to approve the purchase of four new model year 2004 police option marked sedans from Lakewood Ford Inc., Lakewood, Colorado, in the amount of - their quotation of $23,327 00 per unit, total for four units $93,308 00, which is based upon the State of Colorado Price Agreement, #07006VYY08M I further move to approve the purchase of two new full-size four-wheel drive pickup trucks from Daniels Motors, Colorado Springs, Colorado, in the amount of their quotation of $16,39800 per unit, total for two units $32,796 00, which is based upon the State of Colorado Price Agreement, #07048VYY66M I further move to approve the purchase of two new small size pickup trucks from Lakewood ford, Inc., Lakewood, Colorado, in the amount of their quotation of $11,466.00 per unit, total for two unit $22,932.00, which is based upon the State of Colorado Price Agreement, #07048YVYS3M I further move to approve the purchase of one new small four wheel drive pickup truck from Johnson Auto Sales, Inc., Brighton, Colorado, in the amount of their quotation of $13,178.00 per unit, which is based upon the State of Colorado Price Agreement, $07048VYY62M I further move to approve a contingency of $69,786.00 for the transfer, purchase and installation of new and used equipment, markings and communications for the nine vehicles for a total cost not to exceed $232,000 00, which shall be encumbered; seconded by Mrs Rotola. CITY COUNCIL MINUTES' December 8, 2003 Page -6- The reason Mr Gokey pulled this item is that there was a contingency for $69,78600, which he would like Mr Paranto to explain. He feels this is a wrong term, since the money isn't really a contingency, it is actually to equip these cars, etc. Mr Paranto agreed and stated that the appropriate word would probably be auxiliary equipment and supplies Some of this money will go to move equipment from the old cars over to the new cars. There are also decals and preparing the older equipment for sale at auction. The funds from the sale of this equipment will come back to the General Fund, Miscellaneous Revenues, in the 2004 budget. Mr. Gokey amended his motion to substitute the words "auxiliary equipment and supplies" for "contingency" Motion carried 8-0 ELECTED OFFICIALS' MATTERS Councilmembers welcomed new member, Mike Stites Wanda Sang announced that she will bring in a Council Rule Change for the Order of the Agenda. The Rule would move the Consent Agenda as Item 1 on the Agenda. The reason for this is to save some money by having staff leave right after the first item on the agenda instead of staying for the entire meeting Mike Stites thanked Council for being appointed tonight. He is very excited and looks forward - to working with everybody Mr Gokey thanked the Police Department for their efforts in controlling Graffiti He also thanked Tim Paranto for the fine job he is doing Meeting adjourned at 8:01 pm APPROVED BY CITY COUNCIL ON JANUARY 12, 2004 BY A VOTE OF to Wanda Sang, Council President The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i.e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions ITEM NO: I. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: January 12, 2004 TITLE: 2004-2005 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS C8J PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes C8J No C~ EXECUTIVE SUMMARY: - The federal government, through the Department of Housing and Urban Development (HUD), makes funds available to communities through the CDBG program. These funds are distributed through the county to partJcipatingjurisdictions or theIr deSIgnated recipient. The national objectives of the program are to meet one of the following criteria: ~ Provide a benefit to low- and moderate-income persons (not less than 70% of funds must be expended for LMI persons); ~ Aid in the prevention or elimination of slums or blight; and ~ Meet a need having a particular urgency. The CDBG program contains two allocations: Jurisdictional and general. The jurisdictional allocations represent approximately two-thirds of the available funds and are distributed to the various participating jurisdictions and the county. The percentage of funds awarded to each partiCIpating jurisdiction is based upon the percentage of the low/moderate income population in that participating jurisdictIOn. The general allocations represent approximately one-third of the available funds and are allocated to a pool for all participating jurisdictions to share on a project-by- project basis. The city is anticipating an award of $206,233 in jurisdictional allocations for 2004-2005-program year (Attachment 1). This represents an increase of funds over last program year of$50,121 (32%). The total general allocation is antiCIpated to be $326,037. City Council Meeting - CDBG Allocations January 12, 2004 Page 2 The recommendations being requested for the next program year (Attachment 2) reflect the increase in funding. Staff developed the recommendations based on input from you during your December study session and on requests received from the commumty. The county has reviewed the draft recommendations and is ill agreement; they expect the County Commissioners to approve all recommendations April 2004. Staff is recommending the following summarized awards totaling $206,233: ~ $115,298 for street and pedestrian improvements of area bounded by 46th Avenue and 1-70, Estes through Carr Streets ~ $60,000 to Jeffco Housing Authority for single-family, homeowner rehabilitation program ~ $10,000 to the Senior Resource Center ~ $10,935 to Stride ~ $10,000 to Family Tree Staffs recommendation follows the guidelines ofthe program with at least 70% of the funds being utilized for the benefit oflow- and moderate-income persons, and no more than 15% toward community services. An unspent balance of$21,630 from the 2003-2004-Program will also be carried forward into the 2004-2005 program year for street Improvements. COMMISSIONIBOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: Since inception ofthis program in 1994, the city has not requested additional funding over and above the jurisdictIOnal amount. Staff is recommending that Council consider requesting funding in the amount of$375,000 for the following purposes: ~ $75,000 in HOME Program funds to the Wheat Ridge Housing Authority ~ $300,000 for preparation of a Neighborhood ReVItalization Strategy If approved as recommended, total funding for the next program year will be $581,233 representing an increase over last year of approximately 372%. AL TERNA TIVES CONSIDERED: In lieu of requesting additional general allocation funding for a Neighborhood Revitalization Strategy, staff considered requesting the additional funding for street and pedestrian improvements of the area bounded by 46th Avenue and 1-70, Estes through Carr Streets. It was determined that the Neighborhood Revitalization Strategy would be a critical policy instrument that would focus on development and implementation of program activities to create meaningful jobs and promote the - City Council Meeting - CDBG Allocations January 12, 2004 Page 3 substantial revitahzatlon of a particular neighborhood and would better assist in achieving the goals of the city. FINANCIAL IMPACT: The city will receive $136,928 for street and pedestrian improvements that will be returned to the Capital Improvement Fund. No negative financial impact is anticipated. RECOMMENDED ACTION: "I move to approve the list of staff recommendations for use of the city's 2004-2005 Community Development Block Grant (CDBG) award allocation as follows: ~ $115,298 for street and pedestrian improvements of area bounded by 46th Avenue and 1-70, Estes through Carr Streets $60,000 to Jeffco Housing Authority for single-family, homeowner rehabilitation program $10,000 to the Senior Resource Center $10,935 to Stride $10,000 to Family Tree $75,000 in HOME Program funds to the Wheat Ridge Housing Authority $300,000 for preparation of a Neighborhood Revitalization Strategy" ~ ~ ~ ~ ~ ~ Report Prepared by: Barbara Delgadillo, Assistant to the City Manager (303.235.2806~ Ibd Attachments: 1. 2004-2005 CDBG Award Allocations 2. Memorandum to Jefferson County of 2004-2005 CDBG and HOME Program funding recommendations cc: Nick Morgan, Jefferson County CDBG Program Manager 2004-2005 CDBG Recommendations -- -- o g ~. ~ 4h % 0-0.- (t.'lo~ "'~() ;:IO:E "'S"O ,,_ C enCO 00:) o"i~ ~tI)S 0101: ",e.::l ~-!- 1.01.0 ... I: o ~ () >< >< 200 agg coioi .- 0> 0> eC"lC"l '9.,.:"":- _U'>U'> o - g ::I e .. o II- \ '0'1 .... 0'1 U) .11:) ... c ",'~!:: ~ ...,.... 01 r- '0 "'... ... -~' ..,,'''' ... . ~....... ',. ".'- ',,~. .~. '.... - .-::; _ 0 CD CD N U)U) 1.0 ~ ~,'~, '~' ~~ .,. ~ to 9,..."'0'" .,.U'> a.e~ ""U)CDClO~C\l .~ ! ..l!1 ~.. ~ ~ g 01. ~. -i",'.~'.'t., .,CD ~.<') 0 0 r- ". ' ,CD -.." <')... " w< -- .,. .,. ... 0"... U'> ~ _t.icl"o. ..-.i1i,O:" ..... . -... ~ o ~ oil ~ .~ ... en -0 I: 10 ~ ><><><><>< .2" , ' ~..t- ~ ..~C"l ~ c:& iO'l. ~. \0. O. ~. .... ~ ~'e~C\lC\lU'lCDCDC"l (/) :lIS ,0 ':0 ooS", .... a> tit 0 0> .. 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( ( City of Wheat Ridge City Manager's Office Memorandum TO: Nick Morgan, CDBG Program Manager FROM: Barbara Delgadillo, Assistant to City Manager DATE: January 13, 2004 SUBJECT: 2004-2005 CDBG Allocations - City Recommendations The following are City Council's recommendations for use of the 2004-2005 CDBG program allocations: JURISDICTIONAL ALLOCATION ($206.233): 1. Jefferson County Housinl! Authority - $60.000. Funds are for rehabilitation of single-family housing units owned or leased by low/moderate income individuals or families. These funds will be used from June 1,2004 through May 30,2005. - 2. Street Improvement Proiects - $115.298 (does not include $21.630 to be carried over from 2003/2004 Prol!ram Year Jav Street Proiect) - Phase I major street and pedestrian improvements of area bounded by 46th Avenue and 1.70, Estes through Carr Streets. The streets are in poor condition beyond normal preventative maintenance and are located within one of the LowlModerate Income (LMD target areas. Anticipated Project Cost: Phase I: $650,000. Total project cost: $2.1 million over three years. Phase I timeline is June 1,2004, through May 30,2005. Service Projects ($30.935): 3. Senior Resource Center - $10,000. The Senior Resource Center has requested $11,000 to benefit transportation services in 2003-2004 for older and/or disabled adults who reside in the City of Wheat Ridge. SRC is requesting funds for their Community Wheels and Monday Transportation programs and estimates that these programs will provide over 6,500 rides to Wheat Ridge residents. Timeline is June 1,2004, through May 30, 2005. 4. Stride - $10,935. Stride is requesting $25,000 for the purchase of new office facility. Stride has lost its current lease and is hoping to purchase office space to provide both stability of services and long-term cost savings. Location under consideration for purchase is 6025 W. 38th Avenue (current offices of the Jefferson County Housing Authority). Stride provides self-sufficiency services to 250 homeless and low-income families each year approximately 10 Wheat Ridge residents. The families receive a combination of case management services, education and training programs, rental assistance, and other needed supports. Each family has a case manager to help the family develop their self-sufficiency plan, to monitor their progress, and to provide support in achieving their goals. Timeline is June 1,2004, through May 30,2005. ~TT~C::;HIVIENT 2 CDBG Recommendations 2004-2005 Program Page 2 5. Family Tree - $10,000. Family Tree is requesting $10,000 continued support of the Hotline/ Information and Referral telephone lines, allowing for continued response to requests for assistance from famihes in crisis. They currently employ a part-time low-income Wheat Ridge citizen to provide advocacy referrals and education to the callers and to provide office support. The assisted families are homeless or are near homeless and are challenged by rising costs and an inability to meet their basic needs of rent, food, and utilities. In the past ten (10) years, services have been provided to 359 persons living within Wheat Ridge. Timeline is June 1,2004, through May 30, 2005. GENERAL ALLOCATION: 1. Neil!hborhood Revitalization Strate2V - $300.000. Economic and Housing strategies for majority of city area. Boundaries are currently being developed and will encompass all LMI areas of the city averaging 51 % or more. HOME PROGRAM: 1. Wheat Ridl!e Housinl! Authority - $75.000. Buy down of selling cost for very low and low- income housing; increase homeownership. - Ibd ITEM NO' ;). I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. January 12,2004 TITLE: AN ORDINANCE AMENDING SECTION 26-106 OF THE ZONING AND DEVELOPMENT CODE BY ADOPTION OF AN AMENDED LAND USE REVIEW PROCESS CHART (CASE NO. ZOA-03-15) IS] PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date November 24, 2003) IS] ORDINANCES FOR 2ND READING QuasI-JudICial 0 ~~ IS] No Clt~~ CommUnIty Development DIrector - EXECUTIVE SUMMARY: When Chapter 26 was repealed and reenacted in February 2001, It mcluded a land use review process chart as SectIOn 26-106 The chart addresses all of the possIble land use processes utilized by the CommunIty Development Department. The land use process chart mdlcates the process required and review bodies (pubhc heanngs versus admmlstratlve review) It also speCIfies when pre-application meetmgs and neIghborhood meetmgs are reqUIred. The rrnp""f'd mOdlfic:ltion<; <;hould npedlte reVlew time for prncc<;smg cel1:lm tvpes of land use apphcatlons. The mandatory pre-apphcatlOn meetmgs With staff wlll become optIOnal based on the compleXIty of the revIew reqUlred. Staff is also recommendmg that the reqUIred neIghborhood meetmgs for subdiVISIon reviews be ehmmated. The existing chart does not distmgUlsh between different types of planned development applicatIons. The proposed legislation breaks out zone changes and outline development plan approvals from final development plan approvals and amendments to eXlstmg final development plans. The changes to the chart address right-of-way vacations, which were not included m the existing chart. PlannIng CommiSSIOn revIewed thIs request on September 4, 2003, and recommended approval BOARD/COMMISSION RECOMMENDATION: PlannIng CommIssIon recommended approval of this ordinance wIth the folloWIng condmon That wordIng In footnote # 1 of the proposed revIew process chart IS changed to read, "If fi ve or fewer parcels, mInor subdivIsIon process applies If more than five parcels. major subdIVisIOn process appbes." ThIS change has been Incorporated Into page two of the chart In the proposed council blll. ST A TEMENT OF THE ISSUES: None AL TERNA TIVES CONSIDERED: Do not approve leglslation FINANCIAL IMPACT: The ebmination of pre-appbcatlOn meetIngs and neIghborhood meetIngs WIll result In a shght decrease In revenue. However, this WIll be offset by a reductlOn In staff tIme spent on a proJect. RECOMMENDED MOTION: "1 move to approve Councll BlIl No 46-2003, Case No ZOA-03-15, an ordInance amending SectIon 26-106 of the zomng and development code by adoption of an amended land use revIew process chart, on second readIng, and that it take effect 15 days after adoption." Or, 1 move to table Indefi01telv Councll Bdl No 46-2003, Case No ZOA-03-15. an ordinance amendin~ Section 26-106 of the ZOO1ng and development code by adoptlOn of an amended land use review process chart. on second readlOg with the followlOg findlOgs. 1 " Report Prepared by' Meredith Reckert, 303-235-2848 Reviewed by" Alan WhIte, 303-235-2844 Attachments. 1 September 4, 2003, Planning Commlsslon report 2. Councll BlIl No City of Wheat Ridge Community Development Department Memorandum TO: FROM: SUBJECT: DATE: Planmng CommIssIon MeredIth Reckert Case No. ZOA-03-15/Review Process Chart August 29, 2003 Attached for the Planmng CommIssIon's consIderatIOn IS the land use appl1catlOn revIew process chart. The chart was Incorporated Into the Zomng and Development code when Chapter 26 was rewntten in 2001 For companson purposes, both the eXIsting process chart (ExhibIt I) and the proposed reVISIOns (ExhibIt 2) have been Included. The format of the document uses strikoJ throughs for deleted language and bolding for addItIOns. All changes have been desIgnated with shadowing. Staff has Incorporated the follOWIng recommendatIOns. - . Pre-application meetings: Currently, all land use processes reqUIre a formal pre-application meetmg WIth cIty staff. ThIS mcludes large-scale subdIVISIOn and planned development applications as well as less complex cases such as sIte plan approval WIth a building permIt and vanances. Staff feels that m certaIn SItuatIOns, the pre-applicatIOn meetmg reqUIrement creates a burden for the potential apphcant In regards to time (about three weeks) and cost (fee of$200) Therefore, staff IS recommendmg the reqUIrement be removed for clty- mltiated rezomngs, vanances, temporary permIts, zomng code mterpretatlOns, hlstonc desIgnatIOns and class I floodplam exceptIOns. Footnote "4" has been added whIch allows dIscretIOnary pre-applicatIOn revIew based on a proJect's complexity Those land use cases affected would mclude sIte plan approvals, consolidation plats, planned bu1lding group approvals and class II floodplam exceptIon permIts. . Neighborhood meeting requirement: On the eXlstmg chart, pre-application neIghborhood meetmgs are reqUIred for all zone changes and subdIVISIons. Staff IS recommendmg thIS reqUIrement be removed for all subdIVISIOn approvals whIch w1l1 help expedIte the revIew process. . Planned development approvals: The category for planned development approvals does not dlstmguish between the dIfferent categones of planned developments reflected In the zomng code. The proposed chart dIstingUIshes between outlme development plans, final development plans and amendments to both types of documents. Staff IS recommendmg the neIghborhood meetIng reqUIrement apply to outline plan approvals and amendments to outline plans as thIS IS the true zomng step In the process. Staff IS recommendIng thIS reqUIrement be removed from both final development plan approvals and final development plan amendments. The category "outlIne" has been removed from the top of the chart as It relates only to planned developments. The changes speCIfied above ellmmate the need for thIS category at the top of the chart. ATTACHMENT 1 . S'peclaluse revlews:- Ordmance No 1291, specIal use approvals, removed the reqUIrement for neIghborhood meetmgs and Plannmg CommIssIon revIew ExhibIt 2 has been amended to reflect that legislation. . Zoning correction process: The zonmg correctIOn process (SectIOn 26-119) has been removed. . Right-of-way vacations: RIght-of-way vacatIOn approvals have been added. . Footnote "1": Footnote" 1 " has been modifIed to accurately reflect the dIfference between major and mmor subdIVISIons m ArtIcle IV. of the Zomng and Development Code. The chart will be put mto ordmance form pnor to CIty Council first reading. RECOMMENDED MOTION: "I move that Case No ZOA-03-15, a proposed amendment to Chapter 26 of the Zomng and Development Code regardmg the land use revIew process chart, be forwarded to CIty CounCIl with a recommendation of APPROVAL for the followmg reasons It WIll streamhne the revIew process by slmphfymg the pre-apphcatlOn meetmg reqUIrement. 2. It expedItes the subdIVISIOn approval process by ehmmatlOn of the neIghborhood meeting reqUIrement. 3 It dlstmgUlshes between the dIfferent categones of planned development approvals. 4 It reflects recent legIslatIOn regardmg the speCIal use process." ZONING AND DEVELOPMENT ~ 26-106 Sec. 26-106. Review process chart. - Pre-Apphcation Outltne Final Neigh. bor- Approval Requested Staff /wod PC CC URPC Staff PC CC BOA URPC Notes Site Plan X A A ~ 26- 111 Major Subdivision X X H H URA H H URA ~ 26, 404_C Minor Subdivision X X H H URA ~ 26- Iw/dedications) 404.B Minor Subdivision X X H URA Appeal (WiD dedications) to CC ~ 26- 404.B Minor Plat Correction, Amend- X A ~ 26- ment, Revision 409 Lot Line Adjustment X A ~ 26- 410 Consolidation Plat X H H URA 1 ~ 26, ( w/dedication) 404.D Consolidation Plat X A URA ~ 26- (w/o dedication) 117 Planned Development X X H H liRA H H URA 'ART III Rezoning, Private X X H H URA '~ 26, 112 Rezoning, City X H H URA '~ 26- 113 Zoning Correction X H H ~ 26- 119 Special Use X X H H URA '~ 26- 114 Variance---Administra tive X A A Appeal to BOA ~ 26- 115_E Variance----Regular X H URA ~ 26- 115.C Temporary Permit X H A ~ 26, 115.D Interpretation X A Appeal t11 BOA ~ 26- 115.E Historic Designation X H URA ART IX Planned Bldg. Group X A A .~ 26- 116 F100dplain Permit-CIass I X A ~ 26- 806 F100dplain Permit-----Class II X H ~ 26, 806 1 If four or fewer parcels, minor subdivision process applies. If five or more parcels, major subdivision process applies. 2 Right of protest applies: Section 26-112,F 3 If four or more buildings are proposed, then Urban Renewal Authority review'is required. Key' PC' Planning commission Supp. No. 29 EXHIBIT 1 S 26-106 WHEAT RIDGE CITY CODE CC. City council BOA: Board of adjustment X. Meeting required H. Public hearing required A. Administrative review URPC Urban Renweal Plan compliance required. If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - see section 26-226 (Ord. No. 2001-1215, ~ 1, 2-26-01, Ord, No 1244, ~ 1,2-11-02, Ord. No. 1251. ~ 1. 6-10-02) - Sec. 26-106. Review process chart. Approval Requested Pre'Application Final Notes Staff Neighborhood Staff PC CC BOA URPC Site Plan .X A IA ~ 26-111 Major Subdivision X X H H URA 926-404.C Minor Subdivision X ^ H H URA ~ 26-404.8 (w/dedications) Minor Subdivision X ^ H URA IAppeal to (w/o dedications) Cq26- ~04.8 Minor Plat Correction, X A 9 26-409 Amendment, Revision Lot Line Adjustment X IA 926-410 Consolidation Plat .X H H URA 1 9 26-404.D (w/dedication) Consolidation Plat .X IA URA 926-117 (w/o dedication) PlanAee 99' 'slspmoot X X H ~ IJAA ~AR+-III Planned DeveloDnlent OiltllrillDevelopllient Plari(OOP) X X H H URA ~ARTIII ~annedDeV~ooment Final Development Plan (FOP) X H H URA ~TIII Planned DeveloDment Outline Development X Plan Alli8ndment X H H URA ~ARTIII PlanriAll Otwl!IODment Final Development !AIUIU Plan Amendment X H H URA Rezoning, Private X X H H URA 2926-112 Rezoning, City ~ X H H URA 2926-113 ZaRiAg CeffllGlioA X H "' ,~ Special Use X X A H H URA ~pealto CC ~ 26-114 Voriance--Administrative X A A A ppeal to b\.JA S Lb- 115CiO Variance RegYlar X H URA 926-115C Non-admlnlstrative Temporary Permit IX H A 926-1150 Interpretation IX IA IAppeal to BOA 9 26- 115.E Historic Designation ~ H URA V'-RT IX Planned Bldg, Group ~X ~ A 3926-116 Floodplain Permit- X ~ 9 26-a06 Class I Floodplain Permit- .X H H 26-a06 Class II Right-of-Way Vacation X H H URA 926-118 EXHIBIT 2 1 If five foyr er ful/o'er parcels, minor subdivision process applies. If five.-Gf.-more than five parcels, major subdivision process applies. 2 Right of protest applies: Section 26-112.F 3 If four or more buildings are proposed, then Urban Renewal Authority review is required. 4 A pre-application may not be required based on the complexity ofthe project. Key' PC' Planning commission CC City council BOA. Board of adjustment X. Meeting required H: Public hearing required A. Administrative Review URPC Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - see section 26-226 INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 46-2003 Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-106 OF THE ZONING AND DEVELOPMENT CODE ADOPTING AN AMENDED LAND USE REVIEW PROCESS CHART (CASE NO. ZOA-03-15) WHEREAS, the city is interested in expediting review of land use cases, WHEREAS, there are occasions when pre-applIcation meetings and neighborhood meetings are not necessary, WHEREAS, existing revIew process chart does not differentiate between the dIfferent types of planned development applications, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: - Section 1. SectIOn 26-106. Review Process Chart of the Zoning and Development Code is hereby amended with addition of the following chart: Sec. 26-106. Review process chart. Approval Requested Pre-Application Final Notes Staff Neighborhood Staff PC CC BOA URPC Site Plan 'X A A 926-111 Major Subdivision X X H H URA 926-404,C Minor Subdivision X " H H URA 926-404.8 (w/dedications) Minor Subdivision X IX H URA Appeal to (w/o dedications) CC 9 26- ..04.8 Minor Plat Correction, X A 9 26-409 IAmendment, Revision Lot Line Adjustment X A 926-410 Consolidation Plat X H H URA 1 9 26-404.D (wldedication) Consolidation Plat X A URA 926-117 (wlo dedication) PI3RAee De'.'eI8~meAt X fX M M YRA .. AR+-III Planned Development Outline Development Ix Plan (ODP) X H H URA ART III ATTACHMENT 2 Planned Development Final Development H URA ART III Plan (FOP) X H Planned DeveloDment Outline Development URA 2 ART III Plan Amendment X X H H Planned DeveloDment Final Development Plan Amendment X H H URA ART III Rezoning, Private X X H H URA 2926-112 Rezoning, City X H H URA 2926-113 Zening CorreGlien X ~ "' Special Use X '-I H URA 2-Appeal to Cq26-114 Variance--Administrative X A A Appeal to BOA 9 26- 115.C€ Varianco Regul3r X H URA 926-115C Non-administrative Temporary Permit X H A 926-115D Interpretation X A Appeal to BOA 9 26- 115.E Historic Designation X H URA ART IX Planned Bldg. Group 'X A A 3926-116 Floodplain Permit- X A 9 26-806 Class I Floodplain Permit- 'X H H 9 26-806 Class II Right-aI-Way Vacation X H H URA 926-118 - 1 If five fGuf-or fewer parcels, minor subdivision process applies. If five-Gl:-.more than five parcels, major subdivision process applies. 2 Right of protest applies: Section 26-112.F 3 If four or more buildings are proposed, then Urban Renewal Authority review is required. 4 A pre.application may not be required based on the complexity of the project. Key' PC Planning commission CC City council BOA. Board of adjustment X. Meeting required H: Public hearing required A. Administrative Review URPC' Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - see section 26-226 Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the CIty of Wheat Ridge, that it IS promulgated for the health, safety, and welfare of the publIc and that this ordinance is necessary for the preservation of health and safety and for the protection of pubhc convemence and welfare. The City Council further determines that the ordmance bears a ratIOns 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, requirements or standard established by this ordinance is found to conflict WIth similar proVIsions, reqUIrements or standards found elsewhere m the Code of Laws of the City of Wheat Ridge, which are m existence as of the date of adoption of thIS ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. This ordinance shall take effect upon adoption, as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this - 24th day of November, 2003, ordered published in full m a newspaper of general circulatIOn in the City of Wheat Ridge and Public Hearing and consideration on final fassage set for January 12,2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29t Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of to , this day of , 2004 SIGNED by the Mayor on this day of ,2004 GRETCHEN CERVENY, MAYOR ATTEST Pamela Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY I ST publication: November 27, 2003' December I I, 2003 2nd publication: Wheat Ridge Transcript Effective Date: City of Wheat Ridge Community Development Department Memorandum TO: Alan White FROM: Kathy Field SUBJECT: Neighborhood Meetings Held DATE: January 12,2004 The followmg is a hst of Neighborhood Meetings held m 2002 & 2003 2002 CASE NEIGHBORHOOD PUBLIC APPLICANT CASE NO. DESCRIPTION MEETING DATE ATTENDING NOTES Oneslager WZ-02-06 Rezone April 2, 2002 15 Ketelsen WZ-02-09 Rezone May 7, 2002 0 Melody WZ-02-13 Rezone June 19, 2002 12 Hoss WZ-02-12 Rezone July 9, 2002 2 Centex WZ-02-08 Rezone July 16, 2002 2 Molenaar WZ-02-14 Rezone September 25, 2002 1 Best Friends SUP-02-02 Special Use September 17, 2002 3 Fightmaster MS-02-06 Minor Sub October 1, 2002 0 Family $ WZ-03-04 Rezone December 1, 2002 1 Boucher MS-02-09 Minor Sub December 3, 2002 2 Heine WZ-03-03 Rezone December 17, 2002 7 2003 CASE NEIGHBORHOOD PUBLIC APPLICANT CASE NO. DESCRIPTION MEETING DATE ATTENDING NOTES Gun'dd ,',IS 03 03 Minul Sub Mdrch 25 2003 ,3 Sloan MS-03-01 Minor Sub April 1, 2003 4 Autonation WZ-00-09 Rezone May 7, 2003 17 required as part of settlement agreement Ace Hardware MS-03-04 Minor Sub May 28, 2003 7 Richter N/A July 31, 2003 18 application not submitted Walgreens WS-03-01 Consolidation September 11, 2003 20 Walgreens WS-03-01 October 2, 2003 10 not a required meeting Loecher N/A Rezone November 12, 2003 7 application not submitted Applewood Baptist N/A November 18, 2003 250 not a required meeting Freimuth N/A Rezone November 25, 2003 3 application not submitted Marchem WZ-03-11 Rezone December 9, 2003 2 Proposed Motion: "I move to approve CouncIl BIll No 46-2003, Case NO ZOA 03-15, an ordInance amendIng SectIon 26-106 of the zonIng and development code by adoption of an V1:p'vt "\~i>lA.---, amended land use revIew process chart, on second readIng, and that It take effect IS days' after final publIcalluTI, WIth the follOWIng amendments The chart be amended to reqUIre a neIghborhood meetIng for CIty InItIated rczonIngs and further that SectIon 26-113, CItY-InItIated RezonIng, be amended wIth the additIon of the follOWIng language as paragraph B 1 a., WIth subparagraphs a. and b relettered as subparagraphs band c B Procedure and notice General a. PrIor to any public hearIng before the plannIng commiSSIOn, the city shall be required to hold a neighborhood meeting according to the requIrements of SectIon 26-109 A. (See SectIon 26-109 A. for reqUIrements) 2. The chart be amended to require neIghborhood meetIngs for speCIal use permIts, and further that SectIon 26-114, SpeCIal Uses, be amended WIth the additIon of the follOWIng language as paragraph C 2, with paragraphs 2, 3 and 4 renumbered as paragraphs 3, 4, and 5 C Applicutwn fonn und review procedures 2. PrIor to submIttal of an applIcation for a speCIal use, the applIcant shall be required to hold a neighborhood Input meetIng accordIng to the reqUIrements of Section 26-109 A. (See SectJon 26-109A. for reqUIrements.)" :7 -1I'\-tDd'e- lS'MV'\o,"^^ T'?'-o 1 t, r~ . ITEM NO' 3 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. January 12, 2004 TITLE: A RESOLUTION ENDORSING THE CITY'S INVOLVEMENT IN THE JEFFERSON COUNTY TRANSPORTATION ADVISORY AND ADVOCACY GROUP (JEFFTAAG) D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING (Date' _) D ORDINANCES FOR 2ND READING Quasi-Judicial: ~ No Clty~~ EXECUTIVE SUMMARY: - Local and regional transportation issues are of concern for the CIty of Wheat Ridge. The Mayor, City Councilors and Staffhave partIcipated in the Jefferson County Transportation Advisory and Advocacy Group (JEFFT AAG). JEFFT AAG has identified a great dispanty in the State highway capital projects funded withm Jefferson County as compared to the Metro Denver populatIOn, vehicle miles driven and lane miles of hIghways. JEFFTAAG wishes to focus attentIOn on a fair dIstributIOn of State and Federal transportatIOn funds WIthin the Denver Metro area. COMMISSION/BOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: Jefferson County and its muniCIpalities account for 21 % of the Metro area population, 20% of the vehIcle miles driven and contams 22% ofthe area's highway lane miles. Histoncally, only 11 % ofthe State Metro Denver transportation project-related funds are programmed for Jefferson County. AL TERNA TIVES CONSIDERED: To not adopt a resolution endorsing the City's involvement in JEFFT AAG FINANCIAL IMPACT: There is no financmllmpact assocIated with the adoption of the resolutIOn endorsmg the City's particIpation in JEFFTAAG. However, JEFFTAAG may mfluence a greater share of State transportatIOn funds in Jefferson County. RECOMMENDED MOTION: "I move to adopt Resolution No. 01-2004 endorsing the City's participation in JEFFTAAG" or, "I move to deny adoption of Resolution No. 01-2004 endorsing the City's partIcipatIOn in JEFFT AAG because " Report Prepared by: Tim Paranto, DIrector ofPubhc Works Attachments: 1. ResolutIOn 01-2004 - 040112 JEFFTAAG CAF RESOLUTION NO. 01 Series of 2004 TITLE: A RESOLUTION ENDORSING THE CITY'S INVOLVEMENT IN THE JEFFERSON COUNTY TRANSPORTATION ADVISORY AND ADVOCACY GROUP (JEFFTAAG) WHEREAS, Colorado's roadways have become increasingly strained as the population has grown; and WHEREAS, local and regional transportation issues have been identified as one of the top concerns of Coloradoans and Jefferson County residents; and WHEREAS, transportation needs have increased, while our ability to pay for necessary road upgrade and expansion projects has decreased; and - WHEREAS, Jefferson County accounts for 21 percent ofthe metro area population, logs 20 percent of vehicle miles driven, and contains 22 percent of the area's lane miles, but receives only 11 percent of project-related transportation dollars in Metro Denver; and WHEREAS, although the nearly 535,000 residents of Jefferson County have paid their fair share of tax dollars to help fund transportation projects, these funds are sometimes diverted to projects that have little benefit for Jefferson County; and WHEREAS, Jefferson County and its municipalities have borne the brunt of funding shortages and diversions; and WHEREAS, Jefferson County transportation projects are an important component of the regional transportation grid and should not be short changed; and WHEREAS, regional transportation needs call for a fair distribution of transportation dollars. ATTACHMENT 1 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: A. The Wheat Ridge City Council joins the Jefferson County Board of Commissioners of the State of Colorado in support of its efforts to request a more equitable distribution of transportation dollars for Jefferson County and its residents. B. This resolution shall be effective upon its approval by the Wheat Ridge City Council. DONE AND RESOLVED THIS _ day of January, 2004. Gretchen Cerveny, Mayor ATTEST: - Pamela Y. Anderson, City Clerk ITEM NO: -E-. A REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. January 12, 2004 TITLE: AWARD SOQ-04-001 ANNUAL SURVEYING SERVICES TO VARIOUS FIRMS ON-CALL D PUBLIC HEARING [2] BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes [2] No -;:::.~ /Lf Director ofPuohc Works Clty~ EXECUTIVE SUMMARY: - The Annual SurveYIng On-Call Services WIll enable the City to utilize these consultIng firms rendering various types of surveYIng servIces wmch Includes but IS not hmited to, base mappmg, nght- of-way, and constructIOn survey of capItal Improvement projects, GIS projects, document preparation of property acqusitlOn and annexations. These professional servIces are mtended to be utilized pnmarily by the Pubhc Works Department. These service contracts will asssist the City in Implementmg 2004 CapItal Improvement Programs, as an extensIOn to the CIty staff. The magmtude of servIce may range from a large complete survey Job to a speCIfic task order of a project. On November 25, 2003, thirteen (13) statement of qualifications were received. SubmIttals were evaluated and scored. The EvaluatIOn Committee short listed three (3) firms. The selected firms are: Farnsworth Group, Denver; Nolte ASSOCIates, Englewood; and Survcon, Inc., Greenwood Village. Annual agreements shall be effective through December 31,2004, with two (1) year renewal options. Hourly rates were negotiated for projects under $25,000 ServIces are on an as-needed baSIS. Staff recommends award to the three (3) short listed firms for annual agreements. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Pubhc Works Department was re-organized in early 2003 to provide efficiencies In all of ItS operations. The Engmeenng Group was re-structured such that private surveyors would be available on an on-call basis to assist for short-term penods to augment City stafffor design and mspectlOn of projects. Surveying firms have been selected to proVIde thIS assistance for the next year Statements of Quahfication for SOQ-04.001, Annual Surveymg On-Call Service, were receIved on November 25,2003. Thirteen (13) submIttals were received. The Evaluation Committee short hsted three firms based on project team qualifications, firm capabilities, experience on simIlar projects, approach, and eqUIpment hst. Hourly rates were negotiated. Projects are Issued on an as-needed basis. Staff recommends executmg contracts wIth the followmg firms: Farnsworth Group, Nolte Associates, and Survcon lnc ALTERNATIVES CONSIDERED: No award and Annual SurveYIng On-Call ServIce agreement will not be executed. FINANCIAL IMPACT: No fundmg will need to be Identified or utilized wIth thIS annual agreement. Projects are issued on an as-needed. Bllling rates of various pOSItIOns are provIded by each firm. RECOMMENDED MOTION: "I move to award SOQ-04-001 Annual Surveying On-Call ServIce to Farnsworth Group, Nolte ASSOCIates, and Survcon Inc., on an as-needed baSIS for one year wIth the option to renew for two (1) year renewals. Hourly rates are firm through December 2004 for projects under $25,000. " or, "I move to deny award of SOQ-04-00 1 Annual Surveying On-Call Service for the followmg reason (s) Report Prepared bY' ReVIewed bY' Tim Paranto, Director ofPubhc Works Linda Tnmble, Purchasmg Agent Attachments: 1. Professional Service Agreement SOQ-04-001 CITY OF WHEAT RIDGE SURVEYING ON-CALL SERVICES AGREEMENT THIS AGREEMENT made this day of JANUARY 2004, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City" or "Owner" and , a Colorado Corporation, located at , CO, hereinafter referred to as the "Consultanr WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows: ARTICLE 1 - SERVICES The Consultant shall serve as the City's Consultant and provide as a minimum all of the professional services necessary for completion of SOQ-04-001 SURVEYING ON-CALL SERVICES, as more fully described in the Request For Proposal (Exhibit I) and the response of the Consultant to the SOQ (Exhibit II) attached hereto and incorporated herein by reference. ARTICLE 2 - TERM The work to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of this Agreement to the extent that the Consultant has been authorized to proceed by the City Term is through December 31,2004, with the option of two (1) year renewals. ARTICLE 3 - PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services provided and the Consultant shall accept in accordance to the agreed hourly rates per project. A. Invoices Invoices will be submitted by the Consultant monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The processing of payment will be expedited by the Treasurer's Office through proper accounting procedures. Payment will be made to the Consultant within thirty (30) days of the receipt of the approved invoices for services rendered. - B. FundinQ There is in effect within the City of Wheat Ridge, Colorado, a provision of the City's Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of the provisions of this portion of the Code of laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 -INDEPENDENT CONTRACTOR In performing the work under this Agreement, the Consultant acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, person injury and property damage insurance, as well as errors and omissions insurance. The Consultant, as an independent contractor, is obligated to pay federal and state income tax on monies earned. The personnel employed by the Consultant are not and shall not become employees, agents or servants of the City because of the performance of any work by this Agreement. The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 1:\RFQ-04-001 2004 Surveying On-Call SeIVices.DOC 7 ATTACHMENT 1 ARTICLE 5 - INSURANCE In accordance with Article 4 above, the Consultant shall furnish a certificate of insurance upon notification of award and prior to performance Work shall not commence under this Agreement until the Consultant has submitted to the City and received approval thereof, a certificate of Insurance showing compliance with the following minimum types and coverages of insurance. Type of Insurance Minimum Limits of Liability Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Statutory in conformance with the compensation laws of the State of Colorado Comprehensive General Liability Insurance $250,000 each person, $2,000,000 each occurrence Comprehensive Automobile $250,000 each person; Professional Liability (errors and omissions) $1,000,000 each occurrence All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended. ARTICLE 6 - INDEMNIFICATION The Consultant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agreement. ARTICLE 7 - CHANGE ORDERS OR EXTENSIONS The City may, from time to time, require changes in the scope of services of the Consultant to be performed herein. Such changes, including any increase or decrease in the amount of the Consultant's compensation, must be mutually agreed upon in writing by the City and the Consultant. The Consultant shall be compensated for all authorized changes in services, pursuant to the Request for Proposal, or if no provision exists, pursuant to the terms of the Change Order ARTICLE 8 - EQUAL EMPLOYMENT OPPORTUNITY The Consultant shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Consultant shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. H:\RFQ-04-001 2004 Surveying On-Call Serviees.DOC 8 ARTICLE 9 - CHARTER, LAWS AND ORDINANCES The Consultant at all times during the performance of this Agreement, agrees to strictly adhere to all applicable Federal, State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this Agreement. ARTICLE 10 - LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado ARTICLE 11 - TERMINATION The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions including but not limited to re-procurement costs, insufficient or improper work. The City and the Consultant agree that this Agreement may be canceled for cause by either party with a fifteen (15) day prior written notice. The cost of completing the portion of the work, which remains unperformed at the time of such termination, shall be deducted from the contract price before payment is made. The City may terminate the Agreement for its convenience upon thirty (30) days written notice. In the event of such termination, the consultant will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Consultant prior to the date of such termination, shall be recorded and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. ARTICLE 12 - NOTICES - Any notice or communication given pursuant to this Agreement to the City shall be made in writing to, For the City: Name 7500 W 29th Avenue. Wheat Ridge, CO 80033 Phone (303) 235-2810 Fax (303) 234-5924 For the Consultant: Name Phone (303)- Address Fax (303) ARTICLE 13 - ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City, The subcontractors permitted by the City shall be subject to the requirements of this Agreement, and the Consultant is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The Consultant shall be responsible for the performance of any subconsultant. ARTICLE 14 - SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 15 -INTEGRATION OF UNDERSTANDINGS _ This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment H:\RFQ-04-00 I 2004 Surveying On-Call Services. DOC 9 hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Consultant. ARTICLE 16 - AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations described herein Dated this Day of ,2004 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first written above. ATTEST TO OWNER: OWNER City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Co. 80033 (303) 234-5900 PAMELA Y ANDERSON, CITY CLERK (Seal) GRETCHEN CERVENY, CITY MAYOR APPROVED AS TO FORM: GERALD DAHL, CITY ATTORNEY - CONSULTANT (SEAL) COMPANY NAME ADDRESS ATTEST TO CONSULTANT NAME SIGNATURE TITLE TITLE DATE PRINT NAME PHONE NUMBER H:\RFQ-04-001 2004 Surveying On-Call Scrviccs.DOC 10 ITEM NO' 4-, [3, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. January 12,2004 TITLE: REVISED GARAGE SALE PERMIT D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes ~ No Ciry~~ Ciry Clerk EXECUTIVE SUMMARY: - During the November 17,2003 Study Session, a consensus was reached requesting the Office of the City Clerk to revise the Garage Sale Permit to include a definition of garage sale for clarification purposes. Council also requested the Office of the Ciry Manager explore options regarding distribution ofthe permits to Code Enforcement and Dispatch. The Office of the Ciry Clerk currently forwards any garage sale permits issued to Code Enforcement each Friday. The revised permit is before the City Council for approval. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If the revised Garage Sale Permit is not approved, the current permit will remain in use. ALTERNATIVES CONSIDERED: Council may request alternate revisions to the permit. FINANCIAL IMPACT: NfA RECOMMENDED MOTION: "1 move that the revised Garage Sale Permit be approved as written and be instituted on approval." Or "1 move to approve the revised Garage Sale Permits with the following amendments: " Report Prepared by: Pam Anderson, City Clerk Reviewed by: Pam Anderson, City Clerk Attachments: I Current Garage Sale Permit 2. Revised Garage Sale Permit - CC. Request for City Council Action-report form CITY OF WHEAT RIDGE, COWRADO GARAGE SALE PERMIT Name of Applicant Phone No. Applicant Address Sale Dates I I AFFIRMATION I, . do hereby affirm that I will be responsible for the posting and removal of signs advertising the above referenced Garage Sale. The Wheat Ridge Sign Code states that the posting of signs within the public right-of-way is prohibited. Any signs in this area will be taken down by the Code Enforcement Division. I understand that no signs are permitted on any public utility devices (stop signs. speed limit signs. utility poles, etcJ And that the signs mnst be removed at the close of the Garage Sale. I wtderstand that no more than four (4) three- day period permits shall be issued during any calendar year. I also understand that ifl exceed four ~y Garage Sales. then I must obtain a Retail Sales Use Tax. License and collect and remit the city Sales Tax. - The property to be sold Il1 this Garage Sale is personal property and was neither acquired nor consigned for the purpose of resale. I have read and understand Wheat Ridge City Codes 1.5.15",lO.15-24,22-58,26-613.and~6-621 and have received a copy of same. ..... Signature of ApplicantJDate P~ Issued by/Date Authorized Representative of the City 11IERE IS NO CHARGE FOR A GARAGE SALE PERMIT!!!! THIS PERMIT MUST BE DISPLAYED AT GARAGE SALE LOCATION FOR REVIEW BY CODE ENFORCEMENT OFFICER OR ANY POLICE OFFICER. Revised 01/04 ATTACHMENT 1 Section 15-24 (e)-It shall be unlawful and deemed a nUisance for any person to deposit, throw or place any papers, newspapers; handbills. letters, samples or literature in or upon any public street, alley, sidewalk or public grounds. Section 15-24 (f)-It shall be unlawful and deemed a nUisance for any person, except an authorized public employee or officer, or a person who has previously obtained a pennit to do so from the city to post, place, glue, staple, nail, affix, or attach any handbill, poster, placard, sign, announcement or other painted or printed material upon or to any street, alley, sidewalk, lawful sign. telephone pole, power pole, or any public or private dwelling, store, " or other building or fence without the permission of the owner or occupant of such property. Section 22-58 (19)-All sales of personal property, where the sale occurs at the residence of the owner, and where the property to be sold was originally purchased for use by members of the household (i.e., garage sales, yard sales, etc); provided, that such sales shall not be exempt if the owner conducts more than four (4) three-consecutive-day sales in a one-year period. Section 26-613 (11g)-Garage sales, not to exceed four (4) three-day periods, which need not be consecutive, per calendar year. Section 26-621 (b) Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewaJ1c exists, such boundaries shall be presumed to be two (2) feet from the outside edge of sidewalk. Section 15-10 - Violations and penalty Section 1-5. General penalty. Unless otherwise specifically provided, whenever in this Code or any other ordinance of the city or any section or an order, rule or regulation promulgated under the provisions of this Code or other ordinance of the city any act is proln"bited, made or declared to be unlawful, an offense, nuisance or misdemeanor, where no specific pena1ty is provided therefor, any person who shall be convicted of the violation of any such provision of this Code or other ordinance of the city or of such orders, rules or regulations shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a perio4 not exce<xting one year, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code. Section 15-10 (bl)-Upon the first conviction for violation of this article, a fine of not less than fifty dollars ($50.00) per count, plus court costs. Section 15-10 (b2)-Upon the second conviction of a violation of this article, a fine of not less than one hWldred dollars ($100.00) per count, plus court costs. Section 15-10 (b3}Upon the third conviction ofa violation of this article, a fine of not less than two hundred dollars ($200.00) per count, plus court costs. Section 15-10 (b4)- Upon the fourth conviction or any subsequent conviction, a fine of not less than three hundred dollars ($300.00) per count, plus court costs. Section 15-10 (c)-In levying and imposing fines upon conviction of any of the sections specified herein, the court shall have no authority to reduce or suspend aJl or any portion of the fines specified herein, it being the expressed intent of the city council that the fines specified herein be strictly adhered to. - GARAGE SALE PERMIT Name of Applicant Address Sales Dates J J AFFIRMATION - I, , do hereby affirm that I will be responsible for the posting and removal of signs advertising the above referenced Garage Sale. The Wheat Ridge Sign Code states that the posting of signs within the public right-of-way is prohibited. Any signs in this area will be taken down by the Code Enforcement Division. I understand that no signs are permitted on any public utility devices (stop signs, speed limit signs, utility poles, etc.) and that the signs must be removed at the close of the Garage Sale. I understand that no more than four (4) three-day period permits shall be issued during any calendar year. *The property to be sold at this Garage Sale is personal property and was neither acquired nor consigned for the purpose of resale. *Section 22-58(19) All sales of personal property, where the sale occurs at the residence of the owner, and where the property to be sold was originally purchased for use by members of the household (Le. garage sales, yard sales, etc); provided, that such sales shall not be exempt if the owner conducts more than four (4) three-consecutive day sales in a one-year period. I have read and understand Wheat Ridge City Codes 1-5, 15-10, 15-24, 22- 58, 26-613, and 26-621 and a copy of same is on the back of this permit. Signature of Applicant/Date Permit Issued by: Authorized Representative of the City Of Wheat Ridge THIS PERMIT MUST BE DISPLAYED AT GUISE SALE LOCAnON FOR REVIEW BY CODE ENFORCEMENT OR POLICE. ATTACHMENT 2 Section 15-24 (e)-It shall be unlawful and deemed a nuisance for any person to deposit, throw or place any papers, newspapers, handbills, letters, samples or Iitemture in or upon any public street, alley, sidewalk or public grounds. Section 15-24 (f)-It shall be unlawful and deemed a nuisance for a,ny person, except an authorized public employee or officer, or a person who has previously obtained a pennit to do so from the city to post, place, glue, staple, nail, affix, or attach any handbill, poster, placard, sign, announcement or other painted or printed material upon or to any street, alley, sidewalk, lawful sign, telephone pole, power pole, or any public or private dwelling, store, 't' or other building or fence without the permission of the owner or occupant of such property. Section 22-58 (19)-All sales of personal property, where the sale occurs at the residence of the owner, and where the property to be sold was originally purchased for use by members of the household (ie., garage sales, yard sales, etc); provided, that such sales shall not be exempt if the owner conducts more than four (4) tbree-consecutive-day sales in a one-year period. Section 26-613 (11g)-Garage sales, not to exceed four (4) tllfee-day periods, which need not be consecutive, per calendar year. Section 26-621 (b)-Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from the outside edge of sidewalk. Section 15-10 - Violations and penalty Section 1-5. General penalty. Unless otherwise specifically provided, whenever in this Code or any other ordinance of the city or any section or an order, rule or regulation promulgated under the provisions of this Code or other ordinance of the city any act is prohibited, made or declared to be unlawful, an offense, nuisance or misdemeanor, where no specific pena1ty is provided therefor, any person who shall be convicted ofthe violation of any such provision of this Code or other ordinance of the city or of such orders, rules or regulations shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a period not exceeding one year, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code. Section 15-10 (b1)-Upon the first conviction for violation oftbis article, a fine of not less than fifty dollars ($50.00) per count, plus court costs. Section 15-10 (b2)-Upon the second conviction ofa violation of this article, a fine of not less than one hundred dollars ($100.00) per count, plus court costs. Section 15-10 (b3)-Upon the third conviction of a violation ofthis article, a fine of not less than two hundred dollars ($200.00) per count, plus court costs. Section 15-10 (b4)- Upon the fourth conviction or any subsequent conviction, a fine of not less than three hundred dollars ($300.00) per count, plus court costs. Section 15-10 (c)-In levying and imposing fines upon conviction of any of the sections specified herein, the court shall have no authority to reduce or suspend all or any portion of the fines specified herein, it being the expressed intent of the city council that the fines specified herein be strictly adhered to. - ITEM NO: 4-, C I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: January 12, 2004 TITLE: REVISION TO THE COUNCIL RULES OF ORDER AND PROCEDURES REGARDING ORDER OF BUSINESS AND THE AGENDA D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi -J udicial. o Yes ~ No ~~~ EXECUTIVE SUMMARY: - It IS proposed that the Order of Business and the Agenda section of the Council Rules of Order and Procedures be revIsed to change the Order of Busmess. Under "Elected Officials' Matters" at the December 8,2003 City Council meeting, It was announced that a CouncIl Rule Change for the Order of the Agenda would be brought forward to Council. The Rule would move the Consent Agenda to Item 1 on the Agenda. The general rule as to the Order of Business in regular Council Busmess Meetmgs IS stated thus: Call to Order; Pledge of Allegiance; Roll Call; Approval of Minutes; Proclamations and Ceremomes; Citizens Right to Speak; Approval of Agenda; Public Heanngs, Ordmances on 2nd Reading, Final Site Plans; Ordmance on 151 Reading; DeciSIOns, ResolutIons, and Motions; Consent Agenda; Committee Reports; CIty Manager's Matters; CIty Attorney's Matters; Elected Officials' Matters; Executive SessIOn (as needed); Adjournment. The proposed Council Rule change would move the Consent Agenda item to follow Approval of Agenda; therefore, Consent Agenda would be the 151 item following Approval of Agenda. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: To not approve the proposed amendment to the Council Rules and Procedures. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to amend the Order of Busmess and the Agenda sectIOn of the Council Rules of Order and Procedures. the Order of Business m regular Council Business Meetmgs is stated thus: Call to Order Pledge of Allegiance Roll Call Approval of Minutes Proclamations and Ceremomes CItizens RIght to Speak Approval of Agenda Consent Agenda Public Heanngs, Ordinances on 2nd Reading, Final Site Plans Ordinances on 15t Readmg DecIsions, ResolutIOns, and Motions CommIttee Reports City Manager's Matters CIty Attorney's Matters Elected OffiCIals' Matters Executive SessIOn (As Needed) AdJuoumment - or, I move to deny amendment of the Council Rules and Procedures because " Report Prepared by: Debbie MeIxner, Executive Assistant (303-235-2819) ITEM NO' 4,]) I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. January 12, 2004 TITLE: RESCHEDULE CITY COUNCIL STUDY SESSION SCHEDULED FOR JANUARY 19, 2004 D PUBLIC HEARING [g) BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: _) D ORDINANCES FOR 2ND READING QuasI-JudicIal: o Yes ~ No Ci~~~~~ EXECUTIVE SUMMARY: - The CIty Council Study Session of Monday, January 19, 2004, falls on Martin Luther King Day. In the past, Study SessIOns scheduled on the same day as a holiday have eIther been canceled or rescheduled to another date. It is recommended that the Study Session scheduled for Monday, January 19,2004 be rescheduled for Tuesday, January 20,2004 COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: An alternative to be consIdered for the January 19, 2004 Study Session would be to cancel rather than reschedule the Study Session. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "1 move that the Monday, January 19, 2004 Study Session which falls on Martin Luther Kmg Day be rescheduled for Tuesday, January 20, 2004." or, "1 move to cancel the January 19, 2004 City Council Study SessIOn for the followmg reason (s) " Report Prepared by: Debbie Meixner, Executive Assistant (303) 235-2819 - ITEM NO: -b 0 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: January 12,2004 TITLE: BOARD AND COMMISSION APPOINTMENTS o PUBLIC HEARING [8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes o No City Clerk City Manager EXECUTIVE SUMMARY: - Board and Commission vacancies were advertised in the Wheat Ridge Transcript, Channel 8 and the City's Website. Appointments to The Wheat Ridge Foundation will be made to appoint a permanent Board. One application has been received for appointment to the Wheat Ridge Foundation Board. COMMISSIONfBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If applicants are not appointed to the Wheat Ridge Foundation Board vacancies will remain. ALTERNATIVES CONSIDERED: Not appoint applicants to fill the vacancies on the Wheat Ridge Foundation Board. FINANCIAL IMP ACT: N/A RECOMMENDED MOTION: "I move to appoint Bonnie Foulk to the Wheat Ridge Foundation Board, term to expire March 2, 2007 " or, "I move to deny the appointment of Bonnie Foulk to the Wheat Ridge Foundation because " Attachments: I Bonnie Foulk application to the Wheat Ridge Foundation Board 2. Wheat Ridge Foundation, Articles ofIncorporation 040112 Boord and Commission Appointment - T', r):: tv. I-i FAT HID C E , . ~ I r.,. ...- ...... .- , tiT t ClER~, IS O!~ t ;CE PLEASE APPLY ONLY FOR ONE BOARD OR COMMI~ t 8 AM II: 22 CITY OF WHEAT RIDGE HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? 4>yv:9 f , ARE YOU A REGISTERED VOTER? (; es I WHY.!-RE YOU SEEKING THIS APPOINTMENT? El hl,:--- S-8-.VI c:.'e -I- din reily-eo! corp' fl(1;?S tf7rtA-ckr'j COJ?tFtU-ta - DO YOU HAVE EXPERIENCE IN THIS AREA? No HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOA~COMMISSION/COMMllTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR AlTENDANCE OR DUTIES? J!/") ,~zi~ / Signature PLEASE PRINT OR TYPE NAME: 13oY7 YJ'i~ 13 .{oC/--lk ADDRESS: 1/086 Lee C( rJ-e- HOME PHON'\::: 3~3 ~ 75/P rZ)Cf bb BUSINESS PHONE: ~ <ff'Jts~ ZIP: ?t?~y:t3 APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR ARTICLES OF INCORPORATION OF THE WHEAT RIDGE FOUNDATION This corporation is organized pursuant to the Colorado Nonprofit Corporation Act. ARTICLE I. NAME The name of the corporation is the Wheat Ridge Foundation. ARTICLE II. PERIOD OF DURATION The duration of the corporation shall be perpetual. ARTICLE III. OBJECTS AND PURPOSES - The primary purpose for which this corporation is formed is to carryon educational, scientific and charitable activities within the meaning of Section 501 (c)(3) of the Internal Revenue Code of 1954, as amended, including, but not limited to the following: A. To acquire, maintain and dispose of donations made to the City of Wheat Ridge, Colorado, for the purposes of decoration, beautification, cultural enhancement and education, historic preservation and education, related programming, or memorialization on or in the property and facilities owned or operated by the City of Wheat Ridge. B. To foster close and continuous working relationships with federal, state and city, and other nonprofit organizations who share a common interest in the objects and purposes of the corporation. C. To establish and make available to the public the policies and standards by which donations to the City of Wheat Ridge will be accepted or rejected, displayed, maintained and otherwise managed. CNB\53027\402557.02 -1- ARTICLE IV. POWERS A. To accept, reject, maintain, display, manage and dispose of donations made to the City of Wheat Ridge, including, but not by way of limitation, cash, works of art, statutes, trees, shrubs, landscaping, benches, and interests in real property for the purposes of decoration, beautification or memorialization on or in the property and facilities owned or operated by the City of Wheat Ridge, and to promulgate rules, regulations and all necessary guidelines concerning the standards by which such donations will be accepted, rejected, maintained, displayed, managed and discarded. B. To educate businesses, artists, residents and other interested parties in the process by which donations to the City of Wheat Ridge are submitted and considered and the standards by which donations will be accepted, displayed and otherwise managed. C. To acquire by gift, devise, bequest, purchase or otherwise, real and personal property or any interest therein, both tangible and intangible, and interests therein, with or without restriction of use, in accordance with the corporate purposes. - D. To hold for investment or in trust and to sell, lease, encumber or dispose of any such real estate or interest therein, personal property or other property, evidences of indebtedness of any person, firm, partnership, association or corporation for the sole benefit of the corporation and not for pecuniary profit. E. To receive grants, gifts, bequests, and all other monies from any public or private source, and to devote the same to the objectives and purposes of the corporation. F. To use all properties held or controlled by the corporation and the net earnings thereof for the benefit of visitors to public property and facilities owned or operated by the City of Wheat Ridge. G. The corporation shall have the power to do any and all acts permitted to corporations under the laws of the State of Colorado, consistent with a corporation organized and operated exclusively for charitable and/or educational purposes within the meaning of Section 501 (c)(3) of the Internal Revenue Code of 1954, as amended. CNB\53027\40255702 -2- ARTICLE V. RESTRICTIONS ON POWERS Notwithstanding any other provisions of these Articles of Incorporation, the powers of the corporation are restricted as follows: A. The corporation shall not conduct or carryon any activities not permitted to be conducted or carried on by an organization exempt from federal income taxation under Section 501 (c){3) of the Internal Revenue Code, or by an organization the contributions to which are deductible under Sections 170, 642, 2055, or 2522 of the Internal Revenue Code, and, during any period of time in which the corporation is a "private foundation" as defined in Section 509(a) of the Internal Revenue Code: 1. The corporation shall not engage in any act of "self-dealing" as defined in Section 4941 (d) of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4941 (a) of the Internal Revenue Code. - 2. The corporation shall distribute its income for each taxable year at such time and in such manner so as not to become subject to the tax on undistributed income imposed by Section 4942(a) of the Internal Revenue Code. 3. The corporation shall not retain any "excess business holdings" as defined in Section 4943(c) of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4943(a) of the Internal Revenue Code. 4. The corporation shall not make any investments which would jeopardize the carrying out of any of the exempt purposes of the corporation, within the meaning of Section 4944 of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944(a} of the Internal Revenue Code. 5. The corporation shall not make any "taxable expenditure" as defined in Section 4945(d} of the Internal Revenue Code, so as to give rise to any liability for tax imposed by Section 4945(a) of the Internal Revenue Code. 6. The corporation is constituted so as to attract broad public support from grants and contributions, directly or indirectly, from persons in the community in which it operates, and is not formed for pecuniary profit or financial gain. No part of the net earnings of the corporation shall inure to CNB\53027\402557.02 -3- the benefit of any director or officer of the corporation, or any private individual whatsoever (except to further the exempt purposes of the corporation as described in Article III), and except that reasonable compensation may be paid for, and reimbursement may be made for reasonable expenses incurred in connection with services rendered to or for the corporation, furthering one or more of its objectives and purposes and no director or officer of the corporation, or any private individual whatsoever, shall be entitled to share in the distribution of any of the corporate assets on dissolution of the corporation. B. No substantial part of the activities of the corporation shall be carrying on of propaganda or otherwise attempting to influence legislation, and the corporation shall not participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office, in accordance with the Internal Revenue Code. C. The corporation shall issue no stock. ARTICLE VI. BOARD OF DIRECTORS - The business and affairs of the Corporation shall be managed by a Board of Directors, consisting of no fewer than five (5) and no more than nine (9) persons, who shall be members of the Corporation. The Board of Directors shall be appointed by the Wheat Ridge City Council. The Council shall fill all vacancies in the Board and may remove any Board member for any reason. The first board of directors are as follows: Name Address 1. Jerry DiTullio 3250 Newland St., Wheat Ridge, CO 80033 2. Dean Gokey 7050 W. 42nd Ave., Wheat Ridge, CO 80033 3. Vance Edwards 3205 Jay St., Wheat Ridge, CO 80033 4. David Schneider 3331 Oak Street, Wheat Ridge, CO 80033 5. Odarka Figlus 9775 W. 36th Ave., Wheat Ridge, CO 80033 6. Lena Rotola 4565 Field St., Wheat Ridge, CO 80033 7. Harry Hanley 4190 Dover St., Wheat Ridge, CO 80033 CNB\53027\40255 7 .02 -4- 8. Ralph Mancinelli 4500 Quay St., Wheat Ridge, CO 80033 ARTICLE VII. REGISTERED OFFICE AND REGISTERED AGENT The principal office for the transaction of the business of the corporation shall be located 7500 West 29th Avenue, Wheat Ridge, Colorado 80033. The address of the initial registered office of the corporation is 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, and the initial registered agent at such address is G. Randolph Young. ARTICLE VIII. BYLAWS The Board of Directors shall have the power to make and amend such bylaws as it may deem proper for the management of the affairs of the corporation. The corporation shall have such officers as may from time to time be prescribed by the bylaws, and their terms of office and the manner of their designation or selection shall be determined according to the bylaws then in effect. Such bylaws shall prescribe the rights and privileges of the board of directors, and the authority under which conveyance or encumbrance of all or any part of the corporate _ property may be made, and the persons who shall be authorized to execute the instruments of conveyance or encumbrance. ARTICLE IX. MEMBERSHIP The corporation shall have no members other than the members of the Board of Directors. ARTICLE X. AMENDMENT The corporation reserves the right to make from time to time, by vote or written assent of two-thirds of the entire membership of the Board of Directors, any amendment to these articles of incorporation which may now or hereafter be authorized by law. ARTICLE XI. DISSOLUTION The real and personal property of this corporation is and shall be irrevocably dedicated to educational and charitable purposes. Upon the dissolution of the corporation, the directors shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such CNB\53027\402557.02 -5- organization or organizations organized and operated exclusively for charitable, educational or scientific purposes, as shall at the time qualify as an exempt organization or organizations under Section 501 (c)(3) of the Internal Revenue Code of 1954, as the directors shall determine. ARTICLE XII. INCORPORATOR The name and address of the incorporator is as follows: G. Randolph Young 7500 W. 29th Avenue Wheat Ridqe. CO 80033 DATED: 'fC~ <:>4 ,2003. By: G,~~Q)~ G. Randolph Young, Inc rporato - STATE OF COLORADO ss. JEFFERSON COUNTY SUBSCRIBED AND SWORN TO before me on"'~~ ~ 1-4_, 2003, by G. Randolph Young. My commission expires: &Q\\t.G. ~Q~~oJ Notary Public The name or names and mailing address or addresses of anyone or more of the individuals who cause this document to be delivered for filing, and to whom the Secretary of State may deliver notice if filing of this document is refused, are: Gerald E. Dahl Gorsuch Kirgis, LLP Tower I, Suite 1000 1 51 5 Arapahoe Street Denver, CO 80202 -6- ITEM NO: 2 0. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: January 12, 2004 TITLE: BOARD AND COMMISSION APPOINTMENTS o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date. _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No City Clerk City Manager EXECUTIVE SUMMARY: Board and Commission vacancies were advertised in the Wheat Ridge Transcript, Channel 8 and the - City's Website. An appomtment to the Board of Adjustment will be made to fill the vacancy left by the election of Councilor Larry Schulz in November, 2003. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If applicants are not appointed to the Board of Adjustment, vacancies will remain. ALTERNATIVES CONSIDERED: Not appoint applicants to fill the vacancies on the Board of Adjustment. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to appoint Mr. James Molnar to the Board of Adjustment representing DIstrict IV. This appointment is to fill the vacancy created by his election to City Council, with the term to expire March 2, 2006. Mr. Molnar's application is on file. He has been serving on the Building Code Advisory Board, and that experience with his personal background makes him a highly qualified candIdate." or, "I move to deny the appomtment of James Molnar to the Board of Adjustment because " Attachments: 1 James Molnar application to the Board of Adjustment 040112 Brnrd and Commission Appoin1rnent - -;~::' \1 HEt~ T ;rIDe:: T i' ~;lE2~.S (PF\C ~~ PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION 03 DEe 31 AMID: 43 CITY OF WHEAT RIDGE APPLICATION FOR APPOINTMENT TO THE: /3oA~D oj /lO-J (jJT1J1t;:;t-/7 (BOARD/COMMISSION/COMMITTEE) DATE. 3 / /JECI::fi717VZ 7-.. () 63- DISTRICT z:Y HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? C5 ?-- 1&'- CJq- ARE YOU A REGISTERED VOTER? YEf' - DO YOU HAVE EXPERIENCE IN THIS AREA? J' 001~ ? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? /:lUll-PI/v&,- CtJ/k' nD V1JCi/;J,y /3o/J';<O ~()62. j; II P/2t:.J~;Y- / ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? .IV c' SignaturrJ~H"'t c ~< /72~ "- PLEASE PRINT OR TYPE NAME. 'Jf1mt!!I ,r "'}J?OL-.;V/J/L ADDRESS' t..-/611 'Z".A.-i 01::l/l::k//## &,..- fTA'tkL=/ f-' -~)L'teg 19. HOME PHONE. :; () 3 - 10./ ).r- .j 9Ff I , I \.i,\ Clerk. BUSINESS PHONE. Lld/ \ '3 t?1 - f"77 -- /?7 ~ (, Treas: Mayor' City Mgr' C,'ty 1<. J "1 Dept Heads: APPLICATION WILL BE KEPT ON FILE F R - ~..._..-.~., i- i L -_..~. '_' ~_, - .J