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HomeMy WebLinkAbout04/12/2004 c.. YY'\. 6:30 p.m. Pre-Meeting ~~~n~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 12, 2004 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF March 22. 2004 PROCLAMATIONS AND CEREMONIES Crime Victims' Rights Week - April 18-24, 2004 National Kite Week - April 19 through April 25, 2004 CITIZENS' RIGHT TO SPEAK (JvV 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster, 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard A, Paul Dextras, Fire Chief, Arvada Fire Protection District. APPROVAL OF AGENDA Item 1, Consent Aaenda: A. Approve Award ITB-04-009 Concrete Rehab Project. B. Approve Award ITB-04-010 Overlay Project. C Approve Award RFB-04-007 Trailer Mounted Brush Chipper. D. Approve Award ITB-04-013 Clear Creek Trail Improvements. E. Approval of the Revised Personnel Policies CITY COUNCIL AGENDA: April 12, 2004 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 05-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT DISTRICT REGULATIONS (Case No ZOA-03-14) COUNCIL BILL 06-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO EXPIRATION OF DEVELOPMENT PLANS. (Case No, ZOA-03-17) ORDINANCES ON FIRST READING Item 3. COUNCIL BILL 07-2004 -AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES. (Case No. ZOA-04-01) DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. Item 5. Chief Edward Pinson Memorial. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT art CITY OF WHEAT RIDGE, COLORADO Municipal Building, Council Chambers 7500 West 29th Avenue March 22, 2004 Mayor Cerveny called the Regular City Council Meeting to order}ll: 7:00 p,m, SOuncilmemb~rs present: Jer~ DiTullio: Karen ~rry, Dean Gokey', Wanda Sang, Karen Adams, Mike Stites, Lena Rotota, 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 Parks and Recreation, Joyce Manwaring; staff; and interested citizens. APPROVAL OF MINUTES OF March 8, 2004 Motion by Mr. DiTullio to approve the Minutes of March 8,2004; seconded by Mr. Schulz; carried 8-0, PROCLAMA TlONS AND CEREMONIES Swearing in Ceremony for Wheat Ridge Boards and Commissions, The following members were given the Oath of Office by Mayor Cerveny: Susan Seeds, Park and Recreation Commission Robert Alldredge, Liquor Licensing Authority Robert Howard, Board of Adjustment Kimberly Fear, Animal Welfare and Control Commission APPROVAL OF AGENDA Motion by Mr DiTullio to amend the agenda to include Item 10: Ratification of Appointment of Kent Davis to the Wheat Ridge Housing authority; seconded by Mrs. Sang; carried 8-0. CITY COUNCIL MINUTES: March 22, 2004 3 Motion by Mr. DiTullio to approve Council Bill 03-2004 (Ordinance No. 1318), on second reading, and that it take effect 15 days after final publication with the following amendments: 1, Add the following language to paragraph J: "Requests for variances under this subsection J shall not be charged a fee if the request is filed by December 31,2004." 2, Delete the words "horse trailer" from the definition of trailer in Section 26-123. 3. Replace paragraph D with the following, "Recreational vehicles or trailers stored in a side yard need not meet any setback requirements. Recreational vehicles or trailers exceeding six (6) feet in height stored in a back yard must meet the side yard setback requirements for accessory structures for the zone district in which the recreational vehicle or trailer is stored. The rear yard setback for recreational vehicles or trailers exceeding six (6) feet in height shall be five (5) feet in all residential zone districts". 4, Add the following to paragraph C after the third sentence: "Any vehicle or trailer lying partially between the street and the front walls of the structure shall be considered to be parked or stored in the front yard" 5, Add the following the end of paragraph B: "In determining if a trailer is exempt or not exempt from the provisions of this paragraph B, the height of the trailer will depend upon whether the trailer is loaded or not. A trailer that is exempt in an unloaded condition shall not be considered exempt in a loaded condition if the trailer plus load exceeds six (6) feet in height" 6, Add to the end of paragraph J "Any variance granted by either the Community Development Director or the Board of Adjustment shall be a grant of variance to the property owner only" Seconded by Mrs. Sang and Mrs, Rotola. Motion by Ms. Berry to amend the original motion to strike #3 of the main motion and add the following to Paragraph 4 of Attachment 4. "Recreational vehicles and trailers less than six feet in height stored in a back yard do not need to meet rear and side setbacks." Seconded by Mr. DiTullio; carried 7-1, with Mrs. Sang voting no Mrs. Sang is opposed to the amendment because she believes that sheds or out- buildings and recreational vehicles should have the same setbacks. Original Motion as amended carried 8-0 Mr. White wished to thank the participants in this process, CITY COUNCIL MINUTES: March 22, 2004 5 Ten Minute Recess at 9:35 p,m. Council reconvened at 9:46 p.m. ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 05-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING PLANNED DEVELOPMENTS. (Case No lOA-03-14) Motion by Ms. Berry to approve Council Bill 05-2004 (Case No. lOA-03-14), ordered published, public hearing set for April 12, 2004, at 7'00 p.m, in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs. Sang and Mrs Rotola, carried 8-0. Item 6. COUNCIL BILL 06-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO EXPIRATION OF DEVELOPMENT PLANS (Case No lOA-03-17) Motion by Mr. Stites to approve Council Bill 06-2004 (Case No lOA-03-17), ordered published, public hearing set for April 12, 2004, at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Schulz and Mrs Rotola, carried 8-0, DECISIONS, RESOLUTIONS, AND MOTIONS Item 7. Board and Commission Appointments, District II Motion by Mrs. Sang to appoint James A. Chilvers to the Planning Commission, term to expire March 2, 2007, seconded by Mr. Gokey; carried 8-0. District III Motion by Mrs, Adams to appoint Janet Bell to the Board of Adjustment, term to expire March 2, 2006; seconded by Mr. Stites; carried 8-0. District IV Motion by Mrs Rotola to appoint Shirley Sandeman to the Wheat Ridge Foundation Board, term to expire March 2, 2005; seconded by Mr Schulz; carried 8-0 CITY COUNCIL MINUTES: March 22, 2004 6 Item 8. Resolution 07-2004: Regarding Support of RTD's FasTracks Plan Motion by Mr Schulz to adopt Resolution 07-2004 regarding support of RTD's FasTracks Plan, Seconded by Mr. DiTullio, carried 8-0. Item 9. Resolution 06-2004 Amending the Fiscal Year 2004 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for the Legislative Services Budget. Motion by Mrs Sang to approve Resolution No 06-2004, a budget supplemental appropriation from the General Fund undesignated reserves to the Legislative Services budget in the amount of $13,900.00 into account 01-102-700-702 for conferences/meetings, $2,607 00 into account 01-102-650-660 for operating supplies and $750,00 into account 01-102-650-651 for office supplies; Seconded by Mrs. Rotola; carried 8-0, Item 10. Resolution 05-2004: Amending the Fiscal Year 2004 Capital Improvements Projects Budget to Reflect the Approval if a Reduction of Appropriations Motion by Mr. DiTullio to adopt Resolution 05-2004 amending the fiscal year 2004 CIP budget to reflect a reduction of appropriations as follows: $50,000 in account number 30-303-800-888, Infill Curb, Gutter and Sidewalk Projects; $100,000 in account number 30-304-800-844, Neighborhood Traffic Management Projects; and $200,000 in account number 30-306-800-805, 38th Avenue, Kipling to Youngfield Undergrounding Project; seconded by Mrs, Sang; carried 7-1 with Mr. Gokey opposed. ELECTED OFFICIALS' MATTERS Mayor Gretchen Cerveny announced that the Agency on Aging will be conducting a phone survey in late March There will be a series of public meetings regarding the EIS Northwest Quadrant on April 14th at the School of Mines, April 15th at the Arvada Center, and April 21st in Broomfield City Clerk Pam Anderson asked that appointees to the Boards and Commissions make an appointment with the office of the City Clerk to receive the Oath of Office They can call the office at (303) 235-2823. Councilor DiTullio announced that the 1st Monday Meeting for District 1 has been cancelled for the month of April. He wishes to thank Pam Anderson and the City Clerk's Office for working on expanding the Office of the Mayor and the City Council, and he wanted to acknowledge Councilor Adams and Councilor Sang who worked on the budget with staff, --- CITY COUNCIL MINUTES: March 22, 2004 7 Councilor Adams wished to thank the residents of Cambridge for the meeting they hosted for the Wheat Ridge Police Department. Mrs. Adams asked for a Consensus to have as a topic at the next available Study Session education and information on Code Enforcement and the procedures; Consensus carried 8-0. Councilor Stites announced the District III 1st Monday Meeting in April and said that the Police Department will be making their presentation at that time. He wished to thank staff and the public that took part in the process for the parl<ingl RV ordinance. He said that it just shows what can happen when people work together Councilor Rotola made an announcement regarding Jefferson County Housing Authority and the many services and programs that they provide. Councilor Schulz wanted to recognize the value of grassroots participation in City Council and community activities. He wished to encourage the public to continue to come out and talk to them, He invited citizens to the District IV 1st Monday Meeting for April. He announced a Clean-up Day planning meeting for April 20th regarding a possible Saturday Clean-Up Day on May 8th Meeting adjourned at 10'08 p.m Pamela Y. Anderson, City Clerk APPROVED BY CITY COUNCIL ON APRIL 12,2004 BY A VOTE OF _ to_ Wanda Sang, Council President The preceding Minutes were prepared according to '47 of Robert's Rules of Order, Le 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. PROCLAMATION CRIME VICTIMS' RIGHTS WEEK APRIL 18 - 24, 2004 WHEREAS, we as a Nation recognize crime victims' suffering, struggles and loss, and value them as our family members and friends, neighbors and coworkers who have been hanned by crime; and WHEREAS, we as individuals and communities value core rights for crime victims that allow them to participate in justice processes with rights to infonnation, protection, restitution, and to be heard; and WHEREAS, we value the critical assistance and services that provide for crime victims' basic needs, such as fair treatment, dignity. respect and information, and the life essentials, such as safe housing, food, support for their children, transportation, counseling and medical services; and WHEREAS, we value those among us who work on behalf of crime victims to not only improve rights, services and treatment of victims of crime, but to also build a better and more just community and country; and WHEREAS, we value our rights to be free from violence, to be safe in our homes and to live in peace in our communities; and WHEREAS, America as a Nation values liberty and justice for all, including efforts to protect, enhance and expand crime victims' rights and servIces; and - WHEREAS, America has joined together annually for the past 24 years to recognize the needs and rights of crime victims and survivors; NOW, THEREFORE BE IT RESOLVED THAT, the City of Wheat Ridge proclaims the week of April 18 through 24, 2004 to be Crime Victims' Week, and honor crime victims and those who serve them during this week and throughout the year; and be it further RESOL VED, that as individuals, as communities and as a nation, we continue to value crime victims and survivors, and to value justice in our nation that includes and involves crime victims; and be it further RESOLVED, that a suitably prepared copy of this proclamation be presented to Victim Outreach Infonnation, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of Wheat Ridge this 12th day of April, 2004 Gretchen Cerveny, Mayor Pamela Y. Anderson, City Clerk PROCLAMATION A DIRECTIVE FOR ALL CITIZENS YOUNG AND OLD TO HEAR; CHERISH; TO COMPLY When in the course of human events a discrepancy appears, this Council rises quickly to bridge the gap. We have noted that the expression "Go Fly a Kite" has sunk into the morass of shame. There upon we pen these words of healing: WHEREAS, children, blue skies, and kites go hand-in-hand; and WHEREAS, Colorado skies sparkle with beauty as kites soar on high; and WHEREAS, all citizens are young at heart; and WHEREAS, this City Council need no longer cringe when told "Go Fly a Kite"? NOW, THEREFORE, the Mayor and City Council for the City of Wheat Ridge, Colorado do solemnly decree the week of April 19, through April 25, 2004, be designated as National Kite Week and the last Sunday of April to be known in perpetuity as: NATIONAL KITE DAY IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of Wheat Ridge this 12th day of April, 2004. Gretchen Cerveny, Mayor Pamela Y. Anderson, City Clerk Introduction of Consent Agenda "Item Number 1 Consent Agenda" After introduction of the Consent Agenda the Mayor will inquire whether Council wishes to pull any items from the Consent Agenda. Motion Language for Consent Agenda: "I move to approve Consent Agenda Items A. B. and C. as printed." * If an agenda item(s) is pulled from the consent agenda, the motion would be revised as follows (this assumes items B is pulled). "I move to approve consent Agenda Items A. and C. as printed" Introduction of Consent Agenda "Item Number 1 Consent Agenda" After introduction of the Consent Agenda the Mayor will inquire whether Council wishes to pull any items from the Consent Agenda. Motion Language for Consent Agenda: "I move to approve Consent Agenda Items A. B. and C. as printed." * If an agenda item(s) is pulled from the consent agenda, the motion would be revised as follows (this assumes items B is pulled). "I move to approve consent Agenda Items A. and C. as printed" Introduction of Consent Agenda "Item Number 1 Consent Agenda" After introduction of the Consent Agenda the Mayor will inquire whether Council wishes to pull any items from the Consent Agenda. Motion Language for Consent Agenda: "I move to approve Consent Agenda Items A. B. and C. as printed." * If an agenda item(s) is pulled from the consent agenda, the motion would be revised as follows (this assumes items B is pulled). "I move to approve consent Agenda Items A. and C. as printed" Introduction of Consent Agenda "Item Number 1 Consent Agenda" After introduction of the Consent Agenda the Mayor will inquire whether Council wishes to pull any items from the Consent Agenda. Motion Language for Consent Agenda: "I move to approve Consent Agenda Items A. B. and C. as printed." * If an agenda item(s) is pulled from the consent agenda, the motion would be revised as follows (this assumes items B is pulled). "I move to approve consent Agenda Items A. and C. as printed" Introduction of Consent Agenda "Item Number 1 Consent Agenda" After introduction of the Consent Agenda the Mayor will inquire whether Council wishes to pull any items from the Consent Agenda. Motion Language for Consent Agenda: "I move to approve Consent Agenda Items A. B. and C. as printed." * If an agenda item(s) is pulled from the consent agenda, the motion would be revised as follows (this assumes items B is pulled). "I move to approve consent Agenda Items A. and C. as printed" Introduction of Consent Agenda "Item Number 1 Consent Agenda" After introduction of the Consent Agenda the Mayor will inquire whether Council wishes to pull any items from the Consent Agenda. Motion Language for Consent Agenda: "I move to approve Consent Agenda Items A. B. and C. as printed." * If an agenda item(s) is pulled from the consent agenda, the motion would be revised as follows (this assumes items B is pulled). "I move to approve consent Agenda Items A. and C. as printed" Introduction of Consent Agenda "Item Number 1 Consent Agenda" After introduction of the Consent Agenda the Mayor will inquire whether Council wishes to pull any items from the Consent Agenda. Motion Language for Consent Agenda: "I move to approve Consent Agenda Items A. B. and C. as printed." * If an agenda item(s) is pulled from the consent agenda, the motion would be revised as follows (this assumes items B is pulled). "I move to approve consent Agenda Items A. and C. as printed" Introduction of Consent Agenda "Item Number 1 Consent Agenda" After introduction of the Consent Agenda the Mayor will inquire whether Council wishes to pull any items from the Consent Agenda. Motion Language for Consent Agenda: "I move to approve Consent Agenda Items A. B. and C. as printed." * If an agenda item(s) is pulled from the consent agenda, the motion would be revised as follows (this assumes items B is pulled). "I move to approve consent Agenda Items A. and C. as printed" Greenbelt notes, 4/12/2004 . From John McMillin, 9801 West 38th Ave, My first exposure to Wheat Ridge city affairs came over 10 years ago. As a reporter, I sat through lengthy, detailed and passionate discussions of a proposal to repave the entire Greenbelt Trail in concrete It left rile with three positive impressions: These folks really care about their parks, they believe in open discussion, and they reached a good compromise, keeping the asphalt but selectively widen and improve the trail These days, I see a more worrisome pattern at work We're converting to a concrete trail in a piecemeal fashion, hiding the decIsions on the consent aganda, There is lIittle publicity of the issue, poor research on our alternatives Without any overall consenus, we make deciSions that outrage significant intrest groups, be they horse owners or walkers With senstive feet. Both species find concrete much less pleasant than the softer asphalt surface, My own objection to a concrete trail is aesthetic The white concrete glares in the sunlight and remains so bright at night that it can't blend to the natural secenry like asphalt did And it didn't take long for the newest section concrete trail to be marked With graffiti Then it was defaced again as the city painted over that with mismatching paint. The result is already becoming patchy, distracting and unattractive. I question the maintenance cost savings that are claimed for concrete trails. If the savings truly exist, they will be felt years in the future. Right now, our city is in financial trouble We can't afford to make many worthwhile investments in city planning or public safety Perhaps we hire school crossing guards, or refit the rec center to run on solar energy? Maybe we ought to reopen a teen center to give adolescents somethimng other to pass the the time than tagging our trails? Until we have a better fund balance and we can convene more of the public to discuss the relative merits of various capital improvements that are possible, I urge you to hold off on this and maintain a status quo that many of us find just fine, thank you ITEMNO: _I , A J REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 12, 2004 TITLE: APPROVE AWARD ITB-04-009 2004 CONCRETE REHAB PROJECT o PUBLIC HEARING l8] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: o ORDINANCES FOR 2ND READING ) ~llllSi-JuClicial: o Yes / [8J No G~~<~ City M er EXECUTIVE SUMMARY: The 2004 Concrete Rehab Project was ClevelopeCl to upgraCle existing ADA curb ramps on the streets proposeCl for overlay this year. This project also includes concrete replacement at the City Hall parking lots anCl Clrives. The project is a part of on-going maintenance to keep the concrete street elements in a gooCl and safe conClition. On March 2, 2004, ten (10) bids were received. The apparent low bidCler was Citywide Enterprises, Golden, Colorado in the total amount of$176,876.25. Their proposal met all of the bid requirements and company references anCl experience was evaluated by Public Works Staff. As the bid prices were sufficiently below the Engineer's Estimate, Staff is recommending that concrete repairs be made in the next priority area, that being the northwest portion of the City. A list of locations of the additional work is attached. The cost of adding the additional work by change order is $99,823.55. It is recommended that the project be awardeCl to the lowest responsive bidder, Citywide Enterprises in the amount of$276,699.80. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the 2004 Concrete Rehab Project, #S-PM-OI-04, were opened on Tuesday, March 2, 2004. Ten (to) bids were received. The bids ranged from $176,876.25 to $277,962.50. The Engineer's Estimate was $305,732.50. The lowest responsible and responsive bidder, Citywide Enterprises, Golden. Colorado has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and performance on a previous City project, Staff recommends award to Citywide Enterprises. In light of the very favorable bid prices and the available budget allocated specifically for maintenance projects, Staff recommends including additional work in this contract to repair broken sidewalk, curb and gutter at locations that are on the priority list, but were excluded from this year's program because of budget constraints. Staff has sucessfully negotiated with Citywide Enterprises for the additioanl work based on the contract unit bid prices. The cost for the additional work is $99,823.55, which will be added to the contract by change order. A standard 10% contingency amount of$27,669.98 is requested to allow for possible increases based on the measured quantities of the work and for the cost of other items related to the project. ALTERNATIVES CONSIDERED: No award and 2004 Concrete Rehab Projects will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the Preventive Maintenance Projects line item of the 2004 Capital Improvement Program budget in the amount of$l, 1 00,000.00. This project is the third of the three preventive projects that the City will implement this year, RECOMMENDED MOTION: "I move to award ITB-04-010, 2004 Concrete Rehab Project, #S-PM-OI-04 to Citywide Enterprises, Golden, Colorado in the amount of $276,699.80. I further move that a contingency amount of $27,669.98 be established. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and auxiliary amount of$304,369.78. I further move that all costs associated with this contract be paid from account number 30-302-800- 833, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, ] 989 Series." or, "I move to award ITB-04-01O, 2004 Concrete Rehab Project, #S-PM-0l-04 to Citywide Enterprises, Golden, CO in the amount of$176,876.25. I further move that a contingency of $17,687.63 be established. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $194,563.88. I further move that all costs associated with this contract be paid from account number 30-302-800- 833, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." or: "I move to deny award of ITB-04-01O 2004 Concrete Rehab Project for the following reason(s) " Report Prepared by: Reviewed by: Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1. Bid Tabulation Sheet 2. Project Location List o t.) Wz C)o 0_ ~5 <::> wm ::J:~ :i!:1- u.0 oiXi >- l- t.) I~ lJl Ol <'t Ol .~ j Vl III .r: ~ 0 ~ ::J a. 0; IL 0 :0 ,.. ,I ,.. .~ ~i <0 ~ 01- W III z" W ~ .s E<:) " <( 0..../ ;: Q. E Z c.Q 0 ~Cf) 0 i5~ ci w~ ;::0::: zCl'I ~ >- [hO <1.0 lii.D g3': VlO f-'<t o . <(0 <;0 Q.'<t O- f-_ '00 w~ <J)-l '" . :::>0 !!!m ~a:l 0- oC') 0::> 91- aiO gla.. <0_ l- t.) W -, o 0:: 0- W I- W 0:: t.) Z o t.) '<t o o ~ I- () ill -, o a: a... ~ ~ ~] ~ t;-..:. <:l V) ~ ~ '~ ~ '^ l V\ ~ ;>: ~ 1--; ~ j ~ >- >- --;. \.r\ ~ , -<'( ~ ~~ ~ ::. t- I ~ '.1) ../' j ~ I~ c: ~ ~ ~ <U ..1\ ..!) ~ t- 7- >- > ~ "" - >- ...r: ~ \!J ::s ~ I~ ~ ~ V) ~~ '.I) ~ ..1\ I~ ~ '" ~ ~ <;!- I~ ~ ...J I""; t- /--- ~ t- ./ ~~ l~ ~ "'-l ~ ~~ ~ . ~ ~ ~ ~ '" ~i 'J t- <J'\ ~ V1 J) I~ ~ >- ~ --;: ~ >: ~ .:;.;) ~ t- - ~ <> '" ~ . ~ ~ ~ .- ] ~ '0 1;);:) I~ V) ~ '^ V'l VI VI j >- \n ~ ~ ~ ~ J '::t- ~ ...... ~ ~ ~ "S ~ ~ \ri 'J -} V) ~ '" ~ v\ ~~ ~ -:>-:.. ~ >- ~ ~ -- "("-! ...... ~~ : ~ l- (/) ! <{ w [ 0 0 '> I u: tl: ~ w 4: oo ~ I- g gj ~ Z 0 ~ 0 ~ 0 ~ (!) ~ I :5 ~ I- ...... N Z (jj ~ 0 ...... 0 ;:J 0 ~ <{ I I 0::: z ,..i= I- ~ ~ ~ 0 0 tl: a. <{ 0 0 ~ en Wtl: Z ~ :;;: > 0 ~ Z Z tl: :Jen (9 ~ 8 ~ ~ w 0 W ww u: 'J :Z ~ > ..J I- 00 - ;; '" .c Ul .0 Jl! '0 :0 C, c '/n '" -5 ;; 0. ATTACHMENT 1 \ \:\~ c Q) :;r 0> C .~ 1 -0; to {) ~ ~ ::> 0- cP u.. 0 % \ ~ ,,\ ~'C 01- ",to UJ '" m"'l z Cl I; '" ~-:i ~ (L E z 0- Q <J) 0 ~~ 0 u.>N ~ct 0 ~E 'fuo Za> ;to ~'<t '05 13q '<0 -;;0 (L'<t 0- ~~ ~q u.>C'l ;>0 QUl 0- ~? ~t: g~ cP a: 0- ,~ o (.) uiz, (!)o 0- &'4 '4..J uJ? ~<<!t ~I- u..0 oUi ~ (.) ~~ 1~> \-~0 ~\1 -~,~ ~ 5. ~ ~~l"- cf) pI u ~ ~ ~ -:r: J:;', ~ S ~,] c:0 "'"-.I I" b uJ -"') ~ 0- uJ ti Ct (.) z, o (.) -=t o o N v~\l ~~~ ~~~ t) U1 ...., ~ 0- ..------- \n t:- ,J'l ~ ./ . ~ ~ ~ -~ ~ ~ ~ ~ ""7- /- --:>- -;::-1 ---;: -;:. <<'I ~ ~ ~ ~I_~ ~ '~ ~ 'j":'~ 0\ r- "'""7"" -r ---:;:.-. /- I ;;r- "%. -4 ~ -:;::>- ,.1\ .-f:. Q '.1\ .J\ .J)' .j\ '^ J) ~ -;:'I~l ~I -;:\ -:' -;. -:r \~~ o <> <:) '" J) ..!:l '^ -.1'\ .f\ {I, ,/\ 'I) ~ l;:'-\~ -.l "'" -"'" <.l "" /- ~ r '"";:::>->1 ~\ ,.r- ---:r- "?- I.A. ~ ? i I\<Ii ~ ~ t \ 1 ~ !I' ~ ~ ~ r ~ ~ g ~ ~ R ~ - \ ... c-.l Z ~ ~ \ , CC g 'C ~ Z I- 0 0 ffii ~ ~ 0 ~ (j) ~ ~ t z ~ ~~ ~ ~ a 0 ~ ~ UJ 9 '" Ul 'lD i ..; ... :;:> l- 00 Proposed Location for Concrete Rehab in 2004 Original Locations Proposed in the 2004 Concrete Rehab Project #S-PM-01-04 Location Bid West 32nd Avenue from Kipling Street to Wadworth Boulevard West 44th Avenue from Kipling Street to Upham Street Wheat Ridge City Hall $176,876.25 Proposed Additional Locations to be included in the 2004 Concrete Rehab Project Location Proposed Bid Cost Miller St. from West 44th Ave to I 70 South Frontage Rd West 44th PI from Miller St to Cul-de-sac Nelson St from West 47th Ave to West 48th Ave $20,21880 $9,560.00 $9,15000 $7,050.00 $8,736.50 $5,580.00 $7,240.00 West 45th Ave from Miller St to Parfet St West 47'h Ave from Miller St to Oak St West 47'h PI from Miller St to Cul-de-sac West 48th Ave from Nelson S1. to Oak S1. Parfet St from West 44th Ave to I 70 South Frontage Rd Lee St from West 44th Ave to Dead End South Frontage Rd $21,375.00 $10,51325 Grand Total $99,823.55 $276,699.80 Subtotal of Additional Work ATTACHMENT 2 ITEM NO: ~I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 12, 2004 TITLE: APPROVE AWARD ITB-04-010 2004 OVERLAY PROJECT D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes ~==' ~ No Ci~~~ EXECUTIVE SUMMARY: The 2004 Overlay Project was developed to provide the needed maintenace treatments to two collector streets (32th Avenue and 44th Avenue) in accordance with the Citywide maintenance plan. The program is intended to extend the life of pavements on streets that are structurally sound. On March 2, 2004, seven (7) bids were received. The apparent low bidder was Asphalt Paving Company, Golden, Colorado in the total amount of $400,847.80. Their proposal met all of the bid requirements and references and experience were evaluated by Public Works Staff. As the bid prices were sufficiently below expected pricing, Staff is recommending that the next streets on the overlay priori~ list (see Attachment 2) be included in this year's project. The cost of adding the additional work by change order is $89,345.78. It is recommended that the project be awarded to the lowest responsive bidder, Asphalt Paving Company in the amount of $490,193.58. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the 2004 Overlay Project, #S-PM-02-04, were opened on Tuesday, March 2, 2004. Seven (7) bids were received. The bids ranged from $400,847.80 to $588,320.56. The Engineer's Estimate was $590,365.00. The lowest responsible and responsive bidder, Asphalt Paving, Golden, Colorado has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and performance on the Ci~'s previous project, Staff recommends award to Asphalt Paving Company. In light ofthe very favorable bid prices and the available budget allocated specifically for maintenance projects, Staff recommends including additional work in this contract to treat several local streets which were identified for overlay this year, but were not included in the initial project because of budget restrictions. The added streets are identified on Attachment 2. Staffhas sucessfully negotiated Wlth Asphalt Paving on the additional work based on the contract unit bid prices. The cost for additional work is $89,345.78, which will be added to the contract by change order. A standard 10% contingency amount of$49,019.36 is requested to allow for possible increases based on the measured quantities of the work and for the cost of other items related to the project. ALTERNATIVES CONSIDERED: No award and 2004 Overlay Projects will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the Preventive Maintenance Projects line item of the 2004 Capital Improvement Program budget in the amount of $1,100,000.00. This project is the second of the three preventive projects that the City will implement this year. RECOMMENDED MOTION: "I move to award ITB-04-0 1 0,2004 Overlay Project, #S-PM-02-04 to Asphalt Paving, Golden, Colorado in the amount of$490,193.58. I further move that a contingency amount of $49,019.36 be established. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$539,212.94. I further move that all costs associated with this contract be paid from account number 30-302-800- 833, and that these funds be encumbered for the length ofthe project in accordance with Ordinance #787, 1989 Series." or, "I move to award ITB-04-0 1 0, 2004 Overlay Project, #S-PM-02-04 to Asphalt Paving, Golden, CO in the amount of $400,847.80. I further move that a contingency of$40,084.78 be established. 1 further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $440,932.58. I further move that all costs associated with this contract be paid from account number 30-302-800- 833, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." or, "I move to deny award of ITB-04-0l0 2004 Overlay Project for the following reason(s) " Initiated by: Report Prepared by: Reviewed by: Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1. Bid Tabulation Sheet 2. 2004 Capital Improvement Program Description o t) Wz (!)O C_ ~g <::::l W[Q :I: < $:1- u..C Om ~ (.) 1 ~ Q) (J) <( l (J) c 'in ro .c "\ u ~ :J CL ai "- 0 :n U ~ E ~ 'C of- w to Z-o w UJ c (') 0. ._ '" 0...1 ;;: 0. E Z a.Q 0 !!lC/) 0 ~::..:: 0 wN ;:'0::: 30 ;;>, 0.0 "'..... ti).D *~ <no !:i:"<t ~o o , 00 n..q wN >- - 00 <n...l oc , :JO !!;1m !!om 0.... QI- oC') o~ "'- QiO ii'll.. l- t) W ..., o 0:: a. j 0:: W > o "<t o o N I- o W ..., o a::: n.. ~~~ ~'~ .5 ~.Q t~ ~ ~~ ~ ~l j ~ 'J .~ '...l..l~ ~ , ~ ~ {~Ij --q v. .J.. ~ ~ j 5 ~ vt-~~ "Z <:::L "(. ~ ~ .~ ~~~ ~~~ .:f ~I~ VI t- -'1- JV'~ !~ ~I____~ ~ 'J '>= ~f~ _1,./'0 -->:1> . h \() :", k<I -"~ I ....... ~ "J~'0' 'J'J~~ >- ~ >-I~>->> ~ -:r "l. ~ ~ ~~ ''1~~'J ~'J ~ ~ ~ >--.' ~ >- >=: >:: \\I "'1- ';f"i <:> " ~ \{\ V}":j- '^ ..J) <1) V) '--:\ "l ~ ~~~~I~~~ \n ~ ~ : t- I, J ~ 'J 'j ~ ~ '-~ ~ & >-- >-- >- --- ~ -:r- I~ \fI ~ " V'\ ~ ~ o i> :0:: W (J) ,~ ~ ~ ~ IS Q: z >-bI ~ o <r i= '" Wfii Z c3 ~ ~! ~I g OWW ;;: ...J f- a v. a::: o o z w > ~ ..1'\ V\ V'\ v") ~ ~.......'-l~ 'J 'j ~ '7" 7- ~ ~-~ >= >-- \f\ ..... ~ ~ ~ c: ~ !:!, ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ ~~~~: II ;; '" .c; Ul .D .l'l u :0 0, 0= u; '" .c; f! " a. ...... N ATTACHMENT 1 j I 1 I f% -~i ~ ~ s ~ '"" \-;. ';J .~ ~ '^ ~ '"'" ? ~ 7- .... ~ \f\ ~ "">- <S~ \>\ '=A- .~ g (j) x: .~ uJ ...; l 0 ~ ~ w ~ ~ (j) ~ U- - (j) ~ t5 , 0 0 0 0-- ~ '1 '& g "3 .... c-.l ;z. ~ (j ~ \ 0 ~ ~ a: z ui ~ ex: ~ 0 0 Ul~ '4 ~ I- 0 ~ (j) ~ ~ Z 0 ~ ~\A ~ ~ ~ ~ III 9 'l51t5 Ci: z: > 1- ...J ~: f Q) ~ .~ 0> c ~\ "(ji to {) ~ :J 0-- :z cP u.. 0 :0 ~ ~ "'\ r .S '" ~ 01- w to UJ w m"'l z Cl (L .- t: '" 0...1 3: (L E'5 0-- 0 '!1(/) 0 %~ wN ~ct 0 ~>- 'fuo Zo -;1,.... ~.D '05 <Jlq ,<'<t -;;0 \?'<t 02 I- - ~q wC'l </l...1 ;>0 '!oIco QUl 0- DC') o? 91- a;0 \'to-- "'- o (.) uiz, (!)o 0- ~'4 ,<-' uJ? ~<<!t ~I- u..0 oUi ~ G 'G uJ -"') ~ 0- ~ ~ uJ 6 -=t o o N t) U-I ...., ~ 0- Proposed Streets to Overlay in 2004 Original Streets Proposed in the 2004 Overlay Project #S-PM-02-04 Location Bid West 32nd Avenue from Kipling Street to Wadworth Boulevard and West 44th Avenue from Kipling Street to Upham Street $400,847.80 Proposed Additional Streets to be included in the 2004 Overlay Project Location Proposed Bid Cost West 39th Avenue East of Kipling Street to dead end $5,939.78 West 44th Avenue from Youngfield Street to West 43rd Drive $11,415.50 West 33rd Place from Miller Street west to Cul-de-sac $4,683.04 Oak Street from West 38th Ave. to West 38th PI. $5,223.24 Parfet Street from West 38th Ave. to West 41 st Ave. $15,618.64 West 39th Ave. from Oak Street to Cul-de-sac $9,789.89 West 38th PI. from Parfet St. to Oak St. $10,707.22 West 35th Ave. from Parfet St. to Nelson St. $14,823.32 Pierson St. from West 32nd Ave to West 33rd Ave. $11,145.15 Subtotal of Additional Work $89,345.78 Grand Total $490,193.58 ATTACHMENT 2 ITEM NO: J, C t REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 12, 2004 TITLE: APPROVE AWARD OF RFB-04-007 TRAILER MOUNTED BRUSH CHIPPER o PUBLIC HEARING [8] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 Yes ~~6 Director of Public Works IZl No City~~~ EXECUTIVE SUMMARY: The Fleet Replacement Program provides for the replacement of the Parks Department 1986 trailer mounted brush chipper, Unit 333, this year. The price indicated on the replacement schedule includes the cost of the base unit and required options. On March 9, 2004 five (5) bids were received. All bids metthe initial bid requirements. Base prices ranged from $20,133.75 to 26,150.00. The apparentlow responsive bidder was South Side Total Power Inc., Englewood, Colorado, in the total amount of $25,952.50, which includes all options. Staff recommends award to South Side Total Power Inc., based on their response and compliance to the bid specifications. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Five (5) bids were received for the unit ranging in cost from $20,133.75 to 26,150.00 for the base bid. The apparent low bidder was Vermeer Sales, Commerce City in the amount of$20, 133.75; however, they did not include pricing for the hydraulic swing tongue, which is a safety feature. The second low bidder was Rocky Mountain Bandit, Castle Rock. They also did not provide pricing for several options. Both bids were non-responsive. South Side Total Power Inc., Englewood, Colorado, was the third low bidder and was in compliance with all ofthe bid requirements. Staff recommends award to South Side Total Power Inc. in the total amount of$25,952.50, which includes all options. AL TERNA TIVES CONSIDERED: No award and a new chipper will not be purchased. FINANCIAL IMPACT: The funds for this purchase are budgeted in Fleet Replacement, account number 01-303-807. $29,000.00 was estimated for purchase ofthe new chipper in the 2004 budget. RECOMMENDED MOTION: "I move to award RFB-04-007, Trailer Mounted Brush Chipper to South Side Total Power Inc., Englewood, Colorado, in the total amount of $25, 952.50. I further move that all costs associated with this contract be paid from account number 01-303-807, and that these funds be encumbered in accordance with Ordinance #787, 1989 Series." or, "I move to deny award of RFB-04-007, Trailer Mounted Brush Chipper, for the following reason( s) " Report Prepared by: Reviewed by: Greg Knudson, Operations Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1. Bid Tabulation Sheet 040412 CAF Brush Chipper o (,) Wz (!)o 0_ ~!;;( !;;(s WIXl :I:<( 3:1- 11.0 Om >- !.:: (,) Q) ~ OJ <{ Ol '~ ..- c 'en I ro .<:: ~ () ~ ::J Il. u. 0 ai ~ I :0 >- >- "~ '" ..- 0 I '" ~ w 01- (/) <Jl ill ro ill z'" z <:1 w ill C t- Cl 0..._ j; "" O....J "- E c. o ~ g 3~tiiN ~q ~-- O","O~ ll.00~ o . z()) "'!Oozo Q;:u..tU- ljlO::!58 ~ W a.. a.. :I: (,) :I: II) ::J ~ IXl o W I- Z ::J o :E ~ W ..J ~ I- .:-: o w -, o a: 0... (/) ;:) 0.. ..... :;; c: "" Ql ~ E !i:t:: UJ co o C. Cl Ql ~o <Jl Ul ill.:.: ::J ~ o co &0. I ; , i ~1 \:, < " Q ~ <;) <;) Q <;) Cl <;\ '" ~ <;\ Cl '" '<> <:) (;) <:l '0 " '" ~ % l.!) r.-..: \.c) . \0 ~ ~ \Q ~ O')~ 'J 0;::, ~ ,~ "::J0- t-- ~ " \.'l:J \0 1~ ~ >=- -.... ~ ') ~ ~ '" ~ J' <<"\ -..... '" '" '" .~ 'rI ~ ~ , ~ '-l\ '" -... l 1 1 \t1 to- ~ ~ <l Cl '" ~ C <:l '" . ~"\ ~ ~ ~ <:> ~ ~ ~ ~~ j "<\ ~ ,~ ~ \0 ~ f;:\ s~ /- -- ~ <:> <:> <:> ~ -- "'<S ..... -:2. ...l.. -- >\1) ~ d) ~ cY) C') "'f;. -- ] -% <> <l <;\ Cl ~ Cl Q " <> <:l Cl '" ~ ~ ~ \S '" G ~ \{) ~ , \c) ~ rQ to ~ ~ I;; '^ ~ (J <;:, ~3 ~ ..... -t'- "" <;:, <'() <> ~ .,::; ~ '\ ~ ~ C> Cl ~ ~ ~ -- "'1i "- "<) --:t < '< <: ~ ') ~ J~ c::::: " Cl Cl <l Cl Q <;) C <:l l~ c ., (:> '" <> '" c () -:;:; <:l " ~ ~ . "" . \.() -::r- ~ U'\ ~ <l ~ Cl ~ ~ to ~ <;:, t- \(\ t- ~ ~ ~ -- ~ ~ ~ '. >-- ~ -- ~ -- ~ -- Q "" \..v -- ~ ":< ~ cC Ii '!; ~ ~- ~~ I~ 0 \;) Cl () C ~ co -<:l <l " () () <l () '<.l <l <> <:l Q <;) Cl Cl -0 <t- Cl "lei '" \{\ \f. . ~ ~ ~ \{\ Cl ~ IX:) ~ Cl ~ ~ Q;) - ~ ~ -- \:(J 1:- '<;:, cr- <J1 -.. "'ts "\ ~ -- \{\ ~ ..... Cl;) ~- ~ " ~ ~l!l IJ ~ (j) (/) w Z t) 0 ~ ~ w Il. Ul 0 - ....J l/) W ....J 0 <:( 0 C) 0 <:( I 9 Il. !:: z w 5: n:: 0 :::J 0 ~ N (") -.r L{) co ..... co (J) 9 n:: z >- ;:: I- Z Z Z Z Z Z Z Z Z 0 0 0: ~ co co 0 ;:: (j) w 0: <:( W 0 0 0 0 0 0 0 0 0 w z 0( ::;; > 0 z en ~ i= ~ i= ~ i= ~ i= i= (/) w 0 0:: ~ (j) Q <:( Il. Il. Il. Il. Il. Il. Il. Il. Il. <:( 0 w ww > -' r- oo en co 0 0 0 0 0 0 0 0 0 co " co .<:; VI .c .llI -0 :0 tl> c .;;; '" .<:; ~ => 0- ATTACHMENT 1 ITEM NO: J I J). REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 12, 2004 TITLE: APPROVE AWARD ITB-04-013 CLEAR CREEK TRAIL IMPROVEMENTS D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date' _) D ORDINANCES FOR 2ND READING Quasi-Judicial. D Yes ~ No r" City~ 1/ ,;/ EXECUTIVE SUMMARY: The portion of the Clear Creek Trail between approximately Carr Street and Garland Street will be replaced. Trail realignment will also occur in the area behind Anderson Park. The asphalt trail will be replaced With 10 foot Wide, 6" deep concrete. Width may vary slightly dependmg on the area. On March 25, 2004, eleven (11) bids were received. All bids met the initial bid requirements. The apparent low bidder is Scott Contractmg, Golden, Colorado in the total amount of$174,897.50 Staff recommends award to Scott Contracting based on expenence, qualificatIOns, understanding of the scope of work and pricing. Also a contmgency amount of $17,490.00, which IS 10% of the bid, is requested. Fundmg for this project IS from the City's attributable share of Jefferson County Open Space Funds and ajomt venture grant from Jefferson County Open Space. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The majority ofthls area of trail is in disrepair. There are areas ofthe trail that are also unsafe due to the trail conditions. An alternate detour route will be in place at all times during trail construction. The bids received ranged from $174,897.50 to $381,760.30. The Engineer's estImate was $252,000 00 which includes a 10% contmgency. The total low bid cost plus contingency is $192,387.50 leavmg a balance in light of the favorable bId pnces, staff recommends replacmg the trail access spokes from Anderson Park with the additIOnal funds available. These spokes include all of the access trails around the Anderson Park Pavillion and the access trail located at the north of the ballfield at Anderson Park. ALTERNATIVES CONSIDERED: Do not replace the traIl. FINANCIAL IMPACT: Fundmg for this project was approved as part of the 2004 Open Space Budget. A Jefferson County Jomt Venture grant was applied for and receIved in the amount of $150,000. RECOMMENDED MOTION: I move to award ITB- 04-013 Clear Creek Trail Improvements to Scott Contracting, Golden, Colorado m the amount of$174,897.50 to be charged to account 32-601-800-862. I further move that a 10 % contingency amount of$17,490.00 be established and charged to account 32-601-800-862. Report Prepared by- Reviewed by: Joyce Manwaring, Parks and RecreatIon Director Lmda Trimble, Purchasmg Agent Attachments: I Bid TabulatIOn Sheet 040412 CAF Clear Creek Trail Phase 2 o (.) Wz (!)o 0_ -I- 0:::<( ~3 wm ::r:<( 5:1- u.0 Om t; () ~\ ~\ P Q) .~ Ol <{ Ol C 'y; co .c; ~ e ~ :J -<( 0.. Ql u.. ~ 0 :0 ~I >- ,~ '" ~ o~ w co 2"0 UJ w C Cl "- .- ;: 0( O.J "- E 2 C. 0 0 ~ CD ~ 2:- o c 0 wC'\l .., OJ 2M ~>- li:o t;j.o w ;J....... o c ~9 f-~ Cl 0 0(0 z:p "-~ 0__ i= ro 00 wI{) Vl OJ oc . :JC'\I W L. !loa! 0-- :;) 0 gl- oM o OJ "'- ii'j0 ~o:: en I- Z W :iE W > o 0::: n. :iE ...J ~ I- ~ W W 0::: () 0::: <( W ...J () .:..: o w -, o 0:: n. ~ i:~~ g~,l ~~ '-! 1~ ~ () - , ~ ~,~ ~ ~~J5 ~ I- ~ ~ ~i~ ~~ j]~ 4j8 ~ ,~ <U ~ ~ S ~ ...: ~~~ -.. 0::: o o Z ill > Uj Cl 8 (') I Z o z >- F o C<: "- S '" wi\': ~ ::;: > (j o 0:: :J (j) o w Will ....J r- 0 0 ',1 (j , , .; ~ \J) <:l "" ~ ., ~\ l;jJ .'J> ~ " >{\ ; \4. ~ , \.(\ 1) - ~'J~'J v: V) >~....... ---------- ---...:~ ~.-- ",--./ I.. I'" ;j ~ ~ 'J ~ ~~ 'J V) > <."3--1> ~ ;::1->1--... - ~ ~ I ~~ ./ ~ "( "l- ~ X' ~i \. :,", '-1 t <J ,~ ,/ t:"- o- VI V} VJ V} Vl V) ~I~~>I~~~ -... "'l- \n ~ ~ ~~-...~ ~ ~ _____'J1",,--':J ;' ~;' ..r- /' - ;' .-/.....1___--- 'tJ:;.~ (j ~..:; V\V}'-" ~ <;0 '-l <;u V) V) >- ~ --Jl >- '>=I~ ~ ~ 1A.~ II ii i ~ ffl : . f C I ~ ~ ~ i ~ ~ ~ I ~ ~ ~ ~ ~ (f. ~ ~ ~ I :'i: ~ ~~~~~ ~ ~ ~=2~~<{~ " Q) .c ., .D !)l 'C :0 0. c: "in '" .c u 5 Cl. ATTACHMENT 1 ~) \~~\ _ u.. r\ ~ ~ :\ ~ \- ~ ~~~ uJ wct: ~ ~':i"? (L ,{) Cl I..: ""' -:) ~\ ~ ~ ~'~ ~~~ <) ~ ~ ~~~ ~1~ ~ j vi ~ E'5 0--..... 0\9<ll S%"C , uJC'l>c<ll 9. ~ :;:..fuo -,C'll::.DOC "- or" ,UJ '<t <9 0 <f)ol&.oZ".P ~~~~~% Q,Ulc;?iO<ll ~t:a;o'&O:: o (.) uiz, C)o 0- &'4 '4.-' uJ? ~<<!t ~I- u..9 oeo r C (.) (/) \ uJ ';:>' ~ 0- :; - .J ~ l- ~ '& (.) ~ ~ (.) '0 U1 ...., <J 0- " ,j 1__ ,/ \:l ~ '~ i-' ~ ~ -l.1i. ~ ~i ~~ll:1 i\>' ~~ ~ \.s::: ~, .:::. ~ 'r- \&'-Si\ ,~ < '~ ""()~ ~ !~ ~ ">..~ ~~ "" <;:> ~~~~~'j"1 ~ /I~ '/- --j=!/-l~ <::r -.A- ~ C) ~~~~~~~~ l> ~ 1--;::' ""7- --;>-1 -r-l-?- 7- ~ ~ ~ Q ~ ~ ~ ~,-~~ ~ ~,j. """7- 1+1 r " r;F ""'7-\ r- ~ "'<) -4 ~ -:r ',$ ~I~~'~'~~'':;: ~ -1fT ~ ..(\J)v'\.J\ 0.1')..1\ \!\ ;.} i~..) ..:J ~, "" ~ ~ "7- \ T" ,">-1 .r- """,;7- --;:>- >::l o ~ '"";::>- r-A "" "<\ N \ ~ -'> ~ ':) ~~~'Z ~t:"""~/-/-/ --;r- -.:r <:-<. ~ t!- O o m :;:> ~ ~ t':Z ~ ~ ~ uJ \.l. (j) uS r- u.: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~4;S:z!~ rr.~'~~~ ({J o g '1 z o z ~ ~ Q (j) Ul'it. ~ ~ Z 0 o ~ :J (j) OuJUlUl \-' \1- 0 0 % ~ ~ ;. ~ ~ ~ ~ ~ \\t ~ ~ ~ ( ~ r3 ( 4: 4:\ - \ \ \ ITEM NO: ~I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. April 12, 2004 TITLE: APPROVAL OF THE REVISED PERSONNEL POLICIES o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-JudiCial: o Yes ~ No C1ty~4 Patrick Goff, Admimstra 1 e Services Director EXECUTIVE SUMMARY: On August 12,2002, the Personnel Pol1c1es were approved by City Council. On March 10, 2003, revisions to the Personnel Policies were approved by City Council. Once agam, as part of our periodic "check system", Human Resources recently requested our city staff to offer comments, concerns, and/or suggestions for improvements on our policles. As a result, attached are the recommended revisions to our Personnel Policies. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The followmg is a summary of the proposed revislOns. DEFINITIONS: Immediate Family Member - To reduce confusion, changes have been made to better clarify who is considered an "immediate family member." There have been no deletions or additIOns. SECTION 2.3. NEPOTISM (Page 2-1) A relative may not have mfluence over a related employee's employment status in any way. To ensure there is no misunderstandings, the language "or give oversight" has been added. In addition, the changes in this SECTION are noted at the top of the page - "Section(s) Rev1sed". SECTION 2.5. APPLICATION (Page 2-1) The City requires completlOn of a City Employment ApplicatlOn for every position an applicant 1S interested in and 1S so noted m th1S section for clarity purposes. SECTION 2.6 SELECTION PROCESS (Page 2-2) C. - An additional section has been added to identIfy the responsibilitIes of the HR staff with regard to finalizing our hIring process and placement of new employees. SECTION 2 8. EMPLOYMENT LISTS (Page 2-2) Language was added to make the distmction of which Eligibility Lists a person can be appointed from without any further examination process. These lists include: "CandIdates and/or Employment" but does not include Re-Employment Eligibility List(s) SECTION 2.9. CLASSES OF APPOINTMENTS (Page 2-3) Removed the limItation of employees that have "resigned" and expanded to "separated" from City service to include employees that have left for reasons beyond their control, (e.g. lay-off). SECTION 2.10 APPPOINTMENT OF APPLICANT (Page 2-4) Language has been added to reflect the responsibility HR maintains in finalizing the applicant placement process. SECTION 3 EMPLOYER PRACTICES & EXPECT A TIONS (Page 3-1) The changes in this SECTION are noted at the top of the page - "Section(s) Revised". SECTION 3 10. COMPUTER AND ELECTRONIC MEDIA USAGE (Page 3-3) Added language throughout the entire policy, to reflect the additIOn of Intranet; emphasized there should be no expectation ofpnvacy; and, better clarified the City's expectations with regard to our communication systems. SECTION 3.12. EMPLOYMENT VERlFICATIONSIREFERENCES (Page 3-4) ThIS IS an additIOnal section that identifies the responsibility of the Human Resources Office with regard to employment verifications and references for current and/or past employees. SECTION 5.1 GUIDELINE (Page 5-1) SectIOn B. discusses the mmimum tIme increment of 1/4 hour for leave time. Tills applies to all leaves, (exceptmg breaks), therefore, the exclusionary language "and vacatIon leave" has been removed. In additIOn, the changes have been noted at the top ofthe page under, "Section(s) ReVIsed". SECTION 5.4. OFFICIAL HOLIDAYS (Page 5-2) In the policy, as approved by Council on March 10, 2003, the City adopted the practice of gIving employees an addItional 8 hours of holiday pay if they had to work on a CIty holiday. On March 24, 2003, this policy was amended to allow affected employees the option oftaking the holIday hours in payor time off, to be taken at a later time with the understanding that any accrued hours not taken by the end of the year would be paid. To further reduce costs and liability, the policy has been further changed, eliminating the option of pay or time-off and giving extra time-off only. In addition, ifthese additIOnal holiday hours are not taken by December 3151 each year, the holiday time-off hours are forfeIted. NOTE: These holiday hours exclude ThanksglVlng Day and Christmas Day, which, If not taken, will be paid out in the 151 pay period in the following January. SECTION 5.7. V ACATlON LEAVE (Page 5-3) In SectIon A. Eligibility - prevlOUS language created confuslOn with employees, thus the changes in this section are for clarity reasons only. The language reflects the current practice and no additions and/or deletIons have altered the mtent. However, in Section B. CompensatIOn for Accrued Vacation Leave, (Page 5-4), to remain consistent with the manner in which an employee receives their monthly vacatIon accruals, (anmversary date), the language concerning the requirement to work the full month before being awarded the accrual for that month, has been eliminated. SECTION 5.9 F AMIL Y AND MEDICAL LEAVE (Page 5-5) Better clanficatIon of our current practIce ofmandatmg that all accrued leave must be used first before an employee can go to a Leave Without Pay status. SECTION 5.11. ON-THE-JOB INJURY LEAVE (Page 5-7) Language has been added to define what our current practice and expectations are with regard to filmg worker's compensation claims including reportmg the injury within 24 hours. SECTION 5 12. DISABILITY LEAVE (Page 5-9) This pohcy apphes to all "regular" employees, not Just those in a full-time status, thus "Regular Full-Time" was removed. SECTION 5.14. MILITARY LEAVE (Page 5-11) All accrued leave, not just vacatlOn accruals, is paid to an employee who must return to military duty. Thus, the changes made to this section are for clarity purposes only. SECTION 6 COMPENSATION (Page 6-1) The changes in this SECTION are noted at the top of the page - "Section(s) Revised". SECTION 6 6 CHANGE IN STATUS (Page 6-2) Section A.3 - Through a reclassification due to a change of Job duties and responsibihtIes, the effective and evaluation dates should be determined based on when and to what extent the position has changed. Therefore, to provide flexibility and allow for case-by-case review, With HR' s oversight to ensure consistency, the language has been changed. SECTION 6 7 PERFORMANCE APPRAISALS (Page 6-3) The language allowing only Job performance material placed in the employee's personnel file IS stated in another part of our handbook and for consistency purposes, was added here. SECTION 6.8. PERFORMANCE RECOGNITION (Page 6-3) New language has been added that explains our practice of awarding merit increases on an employee's evaluation date. SECTION 6.9. OVERTIME PAY AND COMPENSATORY TIME (Page 6-4) Language has been added to Identify our practIce of paying overtime when an employee appears m court while off-duty, as a witness in a matter arising from his/her job-related duties. SECTION 6.10. INCIDENT RESPONSE PAY - (CALL-BACK & ON-CALL) (Page 6-5) The language change m A.2. Safety, allows for the extension to the 10 hour hmitatlon and adds flexibility wIth regard to workmg contmuously in a call-back SItuation. This is current practice. SECTION II DISCIPLINARY ACTION AND APPEAL PROCEDURE (Page II-I) The addItIOnal language in both 11.3.A., (pg. II-I) and 11.7.C., (Page 11-4), provides the mechanism for the HR Manager to make recommendations in instances of harassment, discnmmation, and/or workplace VIOlence claIms. In addItion, the changes m thIS SECTION have been noted at the top of the page II-I under "SectIon( s) RevIsed". SECTION 11.9. APPEALS (Page 11-5) The addItIonal language in both D.2. and E., parallels the practice that IS currently identified in our Administrative RegulatIOns. The City has the ability to have an attorney act as our representative; the heanng officer's role includes applying the administrative regulations procedures. SECTION 12.3. RESIGNATION PROCESS (Page 12-1) SectIOn A.2. has been elimmated to safeguard the "At-Will" employment status ofa Department DIrector "At-Will" employment IS a condition where an employment relatIOnship may be terrmnated at any time by eIther party, with or without cause or notIce. In Section D. SeparatIOn Date - language was added to better clarify our current practice concerning an employee's last day of employment. Unless authorized otherwise, on an employee's last day of work when terminating, they are expected to work the full shift. In addItion the changes in this SECTION have been noted at the top of the page under "SectlOn(s) Revised". SECTION 12.4. LAY OFF (Page 12-1) In section B., language has been added to elIminate confusion as to what cnteria is used in deciding an order of lay-off and that the decidmg factor for lay-offs is not based on semority (Page 12-2) In section D Remstatement from Layoff, the language added, places the responsibility on the laId-off employee WIth regard to vacancIes and what they mIght be mterested m. With regard to recalling laId-off employees, the language was changed to apply the same reasomng that is used when deciding the order for laymg off employees - giving consideration of length of service and job performance. SECTION 14 EMPLOYEE PERSONNEL SERVICES (Page 14-1) The changes in thIS SECTION are noted at the top of the page - "SectIon(s) ReVIsed". SECTION 14.7 RELEASE OF OFFICIAL EMPLOYEE FILE INFORMATION (Page 14-3) Section B. has been reworded to eliminate confusion on who has the authonty to release information concerning our employees. ThIS practice reduces the City's risks. SECTION 15.1. PROHIBITING HARASSMENT (Page 15-1) Under "c. Reporting Procedure", A back-up person to the HR Manager for taking complaints of harassment is now available in the process. In sectIon E., language has been added to re-emphasize the CIty's intolerance ofretahatorytypes of actIons. In additIon, the changes within this SECTION have been noted at the top of the page under, "Section(s) ReVIsed" TABLE OF CONTENTS - Two pages adjusted to reflect the additional SECTION 3.12, Employment Verifications/References and SECTION 5.6. RehgIous Holiday Observance, (page relocation to 5-3). AL TERNA TIVES CONSIDERED: N/A FINANCIAL IMPACT: The reVlSlons to the Personnel Policies: "Section 5.4.B. Work on a Hohday" should result in a cost savings since the practice of payment for those extra hours has been removed, as well as, the elimination of the end-of-the-year payout of holiday hour accruals. However, the dollar amount is unknown. RECOMMENDED MOTION: "I move to approve the revisions to the Personnel Policies as submitted on April 12, 2004 " or, "I move to deny the revisions to the Personnel Pohcies as submitted on April 12, 2004 because " Initiated by' Karen M. Croom, Human Resources Manager Report Prepared by: Karen M. Croom, Human Resources Manager ReViewed by: Patnck Goff, AdmmIstrative Services Director Attachments: 1. ReVIsed Personnel Policies displaymg the proposed additions and deletions. cc: Request for City Council Action-report form TRIAL SERVICE: All hired or promoted employees will serve in a "Trial Service" period in which they must prove their ability to perform the duties of the appointed position. For all employees serving in the capacity of sworn police personnel, the trial service period is 12 consecutive months; for employees serving In the capacity of cIvIlian personnel, the trial service period is six (6) consecutive months. A trial period of no more than SIX (6) consecutive months may be issued to an employee who has received an unsatisfactory evaluation SEASONALlTEMPORARY - A temporary position that is advertised as such, that is needed to supplement the work force for a part of a calendar year or until completion of a project. The employee is not eligible for City benefits except those required by law EMERGENCY EMPLOYEE: A person employed to meet emergencies for a temporary period in a position not specifically authorized or funded in the budget. CONTRACTUAL - A position established by a written agreement between the employee and the City Manager and/or City Council for which funds mayor may not be budgeted. Independent contractors shall not be considered contractual employees of the City FEDERALLY, STATE, OR SPECIALLY FUNDED - A position that is federally, state, or specially funded. Employees in said status mayor may not be eligible for benefits as determined by program specifications and as required by law INTERN - Such positions may be made available to individuals on a paid or unpaid basis for the benefit of acquiring practical work experience in municipal government and performing services for the City Employees in said status are not eligible for City benefits except those required by law EMPLOYMENT -AT -WILL See the definition for "At-Will" EXEMPT EMPLOYEE. A person in a budgeted position exempt from the overtime provisions of the Fair Labor Standards Act as an executive, administrative, or professional employee. FAIR LABOR STANDARDS ACT (FLSA): A federal law, enacted by the United States Congress in 1938, which sets minimum wage, overtime pay, equal pay, record keeping, and child labor standards for employees who are covered by the Act. FAMILY MEDICAL LEAVE ACT (FMLA): A law enacted on February 5, 1993, which entitles qualified employees up to 12 weeks of unpaid leave per a twelve (12) month period for the birth, adoption or placement for foster care of a child, to care for a spouse or an immediate family member with a serious health condition, or when unable to work because of a serious health condition. FINAL EARNED RATING. The final percentage score attained by a candidate in an examination for a budgeted position, computed by adding the percentages earned in each part of the examination. FRINGE BENEFITS All benefits authorized by the City other than the direct salary paid to a given employee such as sick leave, paid holidays, insurance coverage, etc. GENDER: Males or females as a group, a sex-based category Note: the terms of this Personnel Policy apply in the same manner to both men and women. GRIEVANCE. A complaint initiated by an employee concerning working conditions. HIS OR HER: Whenever the masculine or feminine is used in these Policies, such designation isn't intended to reflect a specific gender, but is used only for administrative conveniences. HUMAN RESOURCES' A division of the organization assigned with the responsibilities of interpreting and administering the philosophies, personnel policies, procedures and practices related to the management of the work force within the organization, IMMEDIATE FAMILY MEMBER: Those individuals related to an employee as follows: spouse or domestic partner, son, d3ughtor, children and/or grandchildren (biological. step-, adopted or foster), mothor, fothor, parent(s), step-parent(s), ,9r3ndmothor, gmndf3thor, grandparent(s), step-grandparent(s), gmndchildron, brother(s) and/or slster(s) (biological, step-, adopted or foster), son in ,3W, sistor in 13w, and the spouses of the aforementioned. In addition, the relatives belonging to the employee's spouse or domestic partner to include: afI€i the mothor, bthor, parent(s), step-parent(s), son, d3ughtor, children and/or grandchildren (biological step-. adopted or foster), brothor or sistor, brother(s) and/or sister(s) (biological, step-, adopted or foster), gmndmothor, gmndf3thor, grandparent(s), step-grandparent(s), gr3ndchildron of tho spouso or domostic portnor and the spouses of the aforementioned Also, 3S '....011 os, minor children for whom the employee or the employee's spouse or domestic partner provide day-ta-day care and financial support. INJURY LEAVE. Leave granted to an employee who has suffered a job-related injury or illness as determined by the City, its worker's compensation or other insurance carrier 0-4 ATTACHMENT 1 SECTION 2' City of Wheat Ridge Personnel Policies RECRUITMENT, SELECTION, AND EMPLOYMENT Section(s) Revised: 2,3A 25, 2,6 C ,2,8 C 29 C , 2,10, Approved by Council: ,2004 2.1 PURPOSE The City is dedicated to providing its citizens with superior services, as well as, the ~ost economical. use of its revenues. To that end, the City endeavors to recruit and hire the most talented and qualified employees It can find. 2.2. CITIZENSHIP Natural or legal citizens of the United States are provided an equal employment opportunity with the City of Wheat Ridge. Non-citizens shall meet federal and state employment eligibility requirements before being accepted as an employee of the City 2.3 NEPOTISM The following applies to the employment of relatives of City employees and City officials. For the purposes of this section, "relatives" include spouse, children (biological, step-, adopted or foster), brothers, Sisters, half-brothers and sisters, step-brothers and sisters, parents, step-parents, aunts, uncles, nephews, nieces, first cousins, grandparents, grandchildren, and the spouses of the above. A. Employees will not be appointed, transferred, promoted, demoted, or work in any position where a relative would be. a supervisor of or give oversight to the employee; or responsible for auditing or monitonng work of the employee, or where other circumstances place the employee and relative in a situation of actual or possible conflict of interest. B If employees marry and the marriage creates a violation of the above paragraph, every effort will be made to transfer either employee to a position so no violation will exist. If no suitable position is available and a transfer is not possible, one of the two spouses may be terminated. The decision as to which employee may be terminated is left to the employees involved, unless business necessity requires the City to decide. 2.4 METHOD FOR FILLING VACANCIES All vacancies in City service filled by transfer, demotion, promotion, or appointment follow the recruitment process outlined in the Personnel Procedures Manual. A temporary appointment may be made under the provisions of this Policy Manual. 2.5 APPLICATION The City Employment Application form and its contents are established by the City Manager All candidates for employment must file, with the Human Resources Office, an employment application form for each position they are interested in All statements made on an employment application must be true, accurate and complete. Additional information such as a resume, cover letter, and supplemental questionnaire may be requested of applicants, Unless otherwise specifically requested in writing by the applicant, or as otherwise provided by the Open Records Act, the names of all applicants and all applications for City employment including all appointed officials of the City shall be public records. Applications placed on a departmental candidates list for appointment shall be retained at least for the life of the candidate's list. Upon the expiration of the candidate's list, the application shall be retained for the balance of a two (2)-year period. 2.6. SELECTION PROCESS A. The selection process may consist of a variety of recognized testing techniques. Initially, employment applications are reviewed for essential conformity to the published minimum requirements. Further screening of the remaining applicants may include, but is not limited to, personal interviews, achievement tests, aptitude tests, examination of work samples, physical agility tests, written tests, polygraphs, and investigations of personal background and references. Selection techniques are reasonable and impartial and relate to those areas that, in the opinion of those involved in the selection process, fairly show the candidate's qualifications and abilities to execute the duties and responsibilities of the position to which the candidate seeks appointment. B Upon completion of an impartial selection process, as determined by the relative department and the Human Resources Manager, the City Manager makes an appointment from the final candidates based on the results of testing and other relative considerations. An appointment is usually made upon the recommendation of the Department Director of the department in which the new appointee is assigned and becomes effective only after all necessary documents have been signed by the proper City officials. 2-1 C The Human Resources Manager or designee has the authority and responsibility to conduct relative reference inquiries, make all conditional and/or final offers of employment, and process all appropriate paperwork, D Pre-Employment Testing - The City may require a candidate to pass a medical examination, submit todrug testing and/or psychological examination after a conditional offer of employment has been made and pnor to the candidate's appointment E. Test materials shall be confidential and shall be so handled by all personnel having legitimate access to this material. All examination records which may include applications, test papers for each examinee, names of oral examiners, summary data on number applying for and passing an examination, and such other information as deemed pertinent shall be maintained in Human Resources. Test records may be destroyed two (2) years after establishment date of eligibility list. 2.7 INELIGIBILITY OR DISQUALIFICATION A. The City Manager may withdraw anyone from consideration whose appointment is considered contrary to the interests of the City Reasons for disqualification may include, but will not be limited to, the following: 1 Lack of any of the requirements established for the examination or position for which the candidate applied; 2. A physical or mental disability that makes the applicant unable to perform the essential functions of the position to which appointment is sought with or without reasonable accommodation; 3. The misuse of intoxicating beverages; 4 The misuse of prescription drugs or use of illegal drugs and/or controlled substances; 5. Conviction of a felony; 6. An unsatisfactory employment record; 7 Deception or fraud in completing the position application; 8. The applicant's request to withdraw from consideration; 9 Failure to reply within a reasonable time, as specified by the City Manager, about the candidate's availability for employment; 10 Disqualification or unsuitability for employment as specified in any City or departmental rule, B. Exceptions - Lesser or alternative qualifications may be accepted if the Department Director and Human Resources Manager determines that it has not been possible to satisfactorily fill a position at the salary authorized in a reasonable length of time by a person who meets the qualifications as specified. 2.8 EMPLOYMENT LISTS A. Establishment of Lists - After the completion of an examination, the Human Resources Manager shall establish an employment list as a means of recommending qualified individuals to fill existing or future vacancies. These lists shall be of three (3) types: 1 Employment Candidate's List - include the names of persons who have taken a Qualifying Examination and received a passing score, or who have successfully completed one or more phases of the review process, but have not totally completed the process, hence are not fully "qualified" for placement 2. Employment Eligibility List - include applicants who have been interviewed (examined, background completed, references verified, etc.) for a job in City service, are found totally qualified for a position but who were not employed in favor of another qualified applicant and/or are awaiting a vacancy to occur 3. Re-employment Eligibility List - the Human Resources Manager shall establish and maintain a re- employment eligibility list which shall include the names of employees who were terminated for lack of work, lack of funds, non-disciplinary or reorganization reasons. B. Maintenance of Lists - A person shall be carried on an Employment Candidates, Eligibility, or Re-employment Eligibility list for no longer than twelve (12) months, Maintenance of established lists may be extended for an additional period, at the discretion of the Human Resources Manager If there are three (3) or less names remaining on a candidate's or eligibility list, a new list may be certified or new candidates may be added to an existing list C Use of Lists - The appointing authority may appoint a person on the appropriate list in accordance with the guidelines used to establish the list. A person shall be appointed from a current Candidates and/or Employment Eliaibility List without further examination, except, if required: a medical examination, which may include a psychological, drug test, physical, and polygraph; the cost shall be borne by the City and administered by a doctor selected by the City 2-2 2.9 CLASSES OF APPOINTMENTS A. Temoorary Aooointments - Whenever a City department requires help because of a special project, a temporary increase in workload, or the absence of a regular full- or part-time employee, temporary appointments may be made for the duration of such work. The period of this service is not counted as part of the trial service period if the employee is later appointed to another position, unless such time served is acceptable to the Department Director concerned. B. Temoorary Re-AssiQnments - During an emergency or period of unusual workloads, the City Manager or a Department Director may temporarily reassign City personnel within the Department Director's department for a period not to exceed six (6) months. City personnel may be temporarily reassigned from one department to another within the City Requests for personnel are approved by both the Department Director for the department to which the employee had been assigned and the Department Director to which the employee is reassigned. Interdepartmental changes are not made for employees so assigned. Department Directors control and coordinate programs for training City employees to assure the maximum use of employees during periods of temporary reassignment. C Reaopointment - Any regular full-time or regular part-time employee who has resigned separated from City service in good standing may be considered for reappointment to a position in the same or similar classification in City service. A written request for consideration must be submitted. The employee may be considered within one (1) year of the employee's termination. A reappointment may be made without benefit of a new recruitment. In no way is it mandatory for any appointment authority to reappoint a former employee should the appointment authority desire not to do so. o Transfer - An employee may be transferred by the appointing authority, at any time, to a position in another comparable classification if they meet the minimum qualifications. The transfer must be approved by the City Manager For transfer purposes, the definition of "comparable class" is a classification that compensates at the same minimum and maximum pay rates, similar duties are assigned, and requires substantially the same minimum qualifications, 1 A regular full-time or regular part-time employee may be transferred from one department to another department with consent of the employee and approval of the affected Department Directors. The City Manager may order the transfer for purposes of economy and efficiency 2. Return to Former Position - If the performance of an employee who is transferred is unsatisfactory in the new position, or if the new position is eliminated and the employee's performance in the original position had been satisfactory, the employee may be transferred back to their original position, if vacant, or a similar position that is not occupied. This return transfer is allowed only within a reasonable amount of time, generally within six (6) months of the effective date of transfer 3. The transfer of an employee will not be used to effect a promotion, demotion, advancement, or reduction. Each may be accomplished only as provided in this Personnel Policy E. Promotion - It is the policy of the City of Wheat Ridge to encourage the professional development of personnel within City service, Promotional selection for vacancies is conducted as the needs of the City require. Regular employees, who meet the requirements of the classification for which an examination is to be held are considered eligible to compete in such an examination. ' F Demotion - The City Manager may demote an employee for any of the following reasons or conditions. 1 The employee's performance of required duties falls below commonly accepted standards; 2. Disciplinary reasons as set forth in Section 11 6, (Reasons or Grounds for Disciplinary Action), 3. An employee's position is eliminated; 4. An employee requests such demotion; 5. A departmental reorganization that affects employee positions; 6 Any other reasonable grounds as approved by the City Manager 7 No employee is demoted to a classification for which the employee does not have the minimum qualifications. Written notice is given an employee at least ten (10) business days before the effective date of the demotion. 2-3 2.10 APPOINTMENT OF APPLICANT Once the selection procedures have been completed, the results shall be reviewed and a recommendation made to the appointing authority regarding the applicant best suited for the position. The recommendation may consist of one (1) applicant or a number of applicants who are eligible for appointment to the position. For the purposes of these Policies, the City Manager has delegated to the Department Directors, the authority to recommend appointment of employees to their respective departments. The Human Resources Manager or designee has the authority and responsibility to conduct relative reference inquiries, maKe all conditional and/or final offers of employment, and process all appropriate paperwork, 2.11. TRIAL SERVICE PERIOD A. Puroose - The trial service period is a continuation of the testing and orientation process. During this period, the employee is on trial to demonstrate his/her ability to perform the requirements of the appointed position at a level that meets City and departmental expectations and standards. The Period is a time to observe closely the employee's performance in order to achieve an effective match and/or adjustment of a trial service employee to his/her position, or to determine that a trial service employee's performance does not meet the acceptable standards of the position. B. Length of Period - All original and promotional appointments are conditional and subject to a trial service period from the time of appointment. The trial service period is for a minimum of twelve (12) consecutive months of actual service for sworn police personnel and the personnel responsible for processing emergency/non- emergency calls in the Police Communications Center, (dispatch), and six (6) consecutive months for all other employees. The City Manager, upon written request from a Department Director, may grant an extension of the trial service period up to a maximum of six (6) additional months. The completion of a trial service means the employee has been appraised and found capable of meeting the performance expectations of the position during the trial service period. C Emoloyee Status - During the trial service period, a trial service employee may be suspended, demoted, or terminated at any time for any reason by the City Manager The Department Director gives the City Manager a written appraisal of the employee's performance as well as any written recommendation for the employee's suspension, demotion, or rejection. A copy of the notification of suspension, demotion, or rejection is given to the trial service employee. Rejection of a trial service employee becomes effective only after approved by the City Manager An employee's rejection is not subject to appeal. 2.12. ORIENTATION OF NEW EMPLOYEES All new or rehired employees shall receive City Employment Orientation through Human Resources as a prerequisite for position and budget control, and to ensure all essential and required forms have been completed. The orientation may include, but isn't necessarily limited to: an explanation of fringe benefits and these Guidelines (excluding department regulations); applicable Administrative Guidelines; an overview of the City and its departments; and other items of interest to new employees. Orientation meetings for new employees shall be coordinated with the schedule of Human Resources, new employee, and the relevant department. 2.13 PAYMENT FOR TRAVEL FOR INTERVIEW PURPOSES The City Manager may authorize the payment or reimbursement for all travel, meals, and lodging expenses incurred by applicants traveling to the City to be interviewed for department or division director positions. Payments shall be made from the Human Resource's budget. 2.14 RELOCATION EXPENSES After authorization by the City Manager, relocation expenses may be reimbursed to newly appointed Department Directors, provided such funds are available. Such expenses shall be limited to the moving of household goods of the newly appointed Department Director Payments shall be made from the appropriate departmental budget. 2-4 City of Wheat Ridge Personnel Policies SECTION 3 EMPLOYER PRACTICES & EXPECTATIONS Section(s) Revised: 3 10 3 12, Approved by Council: ,2004 3 1 EMPLOYEE COURTESY All employees must treat all customers, clients, guests, visitors, volunteers, and other employees with the greatest degree of respect, courtesy, kindness and caring. The City is in the "people business," and it is of the utmost importance that employees maintain a friendly, courteous and cooperative atmosphere on the premises. 3.2. HOURS OF WORK A. For full-time employees, the standard workday for employees may range between eight (8) hours and ten (10) hours and the standard workweek is forty (40) hours. Law enforcement personnel, as defined in the Fair Labor Standards Act (FLSA), may be assigned a work period, rather than a workweek, as described in FLSA. The standard workweek begins on Saturday 12:01 a.m. and ends on the following Friday at 12:00 mid-night. However, the City reserves the right to alter the workweek and work schedules for the purpose of promoting efficient operations or other reasons found to be for the good of the service. Such changes, as recommended by the Department Director, must be approved by the City Manager B. Meal/Rest Periods: Non-exempt employees shall take a minimum one-half (112) hour lunch break (without compensation) when working at least five (5) consecutive hours. Employees may take one 15-minute break (with compensation) for every four (4) hours worked. Rest periods shall not be considered to accumulate if they are not taken and shall not be used to shorten the normal workday or to alter the assigned lunch period. The granting of meal and rest periods shall depend on the constraints of working conditions within each department. Regulations shall be set forth by the Department Director of the respective department and any exceptions must be prearranged with the Department Director or designee. C Department Director may change an employee's work period with at least five (5) days notice, except in an emergency, in order to be consistent with the needs of the City 33. ATTENDANCE Employees report for their work assignments at the times and places established by their supervisors. Each department prepares attendance records for all employees on the form approved by the City Manager 34. PAY PERIODS/PAY DAYS The City is on a bi-weekly payroll system with the pay period beginning on Saturday 12:01 a.m. and ending on the second Friday following at 12:00 mid-night. Disbursement of paychecks or statements occurs every other Friday, by a method established by the City Manager If a new employee is hired after the deadlines established for payroll, payment will be made on the following payday Exception to this will be determined by the City Manager after review of a written request submitted by the appropriate Department Director 35. AUTOMATIC DEPOSIT Employees have the option of having their paychecks deposited directly into any bank or credit union via an electronic fund transfer Forms may be obtained in Human Resources. Automatic Deposits typically take effect the second payroll cycle after receipt of your request. An employee's payroll check may be removed from direct payroll deposit at any time that the employee's pay needs to be adjusted to account for leave without pay, suspensions, terminations, where no pay is due for all or a portion of the payroll period and where the employee has resigned or owes money to the City 3 6. DEDUCTIONS Deductions from employees' pay include, but not limited to: . Deductions required by law and contracts, which include federal withholding tax, state withholding tax, Social Security tax (where applicable), state retirement systems, health care insurance co-payments. . Deductions can be arranged for the credit union, United Way, deferred compensation, and other deductions as approved by the City Manager These types of deductions are arranged only upon receipt of the written authorization from an employee. 3-1 310 COMPUTER AND ELECTRONIC MEDIA USAGE A. Puroose - The intent of this policy is to ensure that privacy, security, and legal issues concerning the City's personal computers, computer networks, and computing systems, Internet, Intranet. and other forms of electronic media including voice mail, E-mail, fax, bulletin boards, and other electronic communication forums are addressed, and that a guideline is formally established to define appropriate use of these tools. B. Scooe - This guideline applies to all City Employees, contractors, consultants, their assigns, or other persons authorized by the City to access and utilize its electronic media systems. A person's use of the City's electronic media systems constitutes agreement by such person to abide by the terms of this guideline. The use of electronic media files shall comply with the requirements set forth herein and other ordinances, guidelines, or procedures promulgated by the City or other authoritative body C Usaae 1 Only software that has been authorized and/or purchased by the City should be loaded or used on any City computer and once installed, may not be disabled or circumvented in any way without authorization Any software or files downloaded via the Internet into the City network become the property of the City 2. Employees must comply with copyright and licensing laws for materials, software, and other media, as well as, any other federal, state, or local law, ordinance, or regulation, 3 No employee may knowingly use City facilities to download or distribute pirated, unlicensed, or stolen software or data Employees with Internet access may not use City Internet facilities to download entertainment software or games, or to play games against opponents over the Internet In addition, video or audio streaming and downloading are prohibited except when directly work-related 4 Employees must obtain appropriate approval prior to making information available via Internet service, Intranet, E-mail, or other forms of electronic media. Files containing sensitive City data that are transferred in any way across the Internet must be encrypted 5. The City's electronic mail and other information systems will not be used in a way that could be discriminatory, harassing, disruptive or offensive to others. The viewing or displaying of any kind of sexually explicit image or document on any City system, unless directly work-related, is prohibited In addition, sexually explicit material may not be downloaded, archived. stored, distributed, edited. or recorded using City resources If you find yourself connected inadvertently to a site that contains sexually explicit or offensive material, you must disconnect from that site immediately regardless of whether that site had been previously deemed acceptable by any screening or rating program 6 The communication systems and Internet utilized by the City are intended solely for business use. Employees should use the computer and electronic media systems to accomplish job responsibilities more effectively and for business and work-related communication, Usage to solicit others for commercial ventures, religious or political causes, outside organizations or other non-job related solicitations are prohibited. Employees may, however use their Internet facilities for non-business research or browsing during mealtime or other breaks, or outside of work hours, provided that all other usage practices are adhered to 7 Computer equipment, software, or documentation shall not be removed from the City premises without the prior permission of the Department Director nor should software be given to any outside third party 8 No employee may use the City's Internet facilities to deliberately propagate any virus or other malicious code 9 In general, employees have an obligation to use their access to the Internet, Intranet, E-mail, Voice Mail, Fax, and other electronic media in a responsible and informed way, conforming to network etiquette, customs and courtesies, and representing the City in a positive manner D. Password Use - Log-on and other passwords may not be shared with any third party, nor may they be shared with another employee other than their Department Director and the network administrator All passwords or changes in passwords must be approved and documented through the network administrator The network administrator or designee may override password controls when adjustments are needed in the system or retrieval of information is required to conduct City business. 3-3 E. Privacy - Employees should have no expectation of privacy in either sending or receiving electronic messages and other information on the Internet, Intranet, or other electronic media and should be aware that any and all records, files, communications and software stored by employees on the City's computer system are the property of the City E-mail messages, Intranet, and Internet records are to be treated like shared paper files, with the expectation that anything in them is available for review by authorized City of Wheat Ridge representatives, Employees should be aware that regular system backups are conducted and that copies of information thought to be deleted may be included in system back-up files. 1 The City reserves the right to access, monitor and disclose the contents of employee E-mail messages, Intranet, or Internet records without notification to or permission from the employees sending or receiving the messages. The City may disclose the contents of electronic media sent to or received by City employees and elected officials and may use information regarding the number, sender, recipient and addresses of messages sent over the electronic media systems for any purpose. Furthermore, such data may be discoverable in litigation. 2. Persons who receive misaddressed e-mail shall return, if possible, such e-mail to the original sender with a message stating the e-mail was misaddressed. The receiving party shall not save the misaddressed e- mail A person receiving misaddressed e-mail that the receiver believes violates this guideline or any other ordinance, guideline or procedure, shall forward the e-mail to the sender's Department Director or the Administrative Services Director for appropriate action instead of returning the misaddressed e-mail. 3 The network administrator or designee shall be responsible for preserving all electronic public records, either on or off the system for a length of time consistent with the City ordinances and Colorado statutes. 4 Communications dealing with real property acquisitions, legal actions, municipal security, personnel matters, negotiations, and criminal records shall not be accessible by the public in accordance with public records policies. 5. Employees should be aware that under the Colorado Open Records Act, members of the public may have access to e-mail and voice mail messages. F Retention - Employees are responsible for retaining documents sent via the e-mail system in accordance with retention schedules and guidelines established by the City Manager G Violations and Discipline - Employees are required to comply with the provisions included in this policy, as well as those in other policies that relate to the topics included in this document. Violations of any provisions of this policy may cause the employee to be personally liable for monetary damages, criminally liable, and/or to be subject to disciplinary action up to and including dismissal. H. Emplovment Separation 1 The Department Director or designee shall be responsible for notifying the network administrator upon the termination of an employee assigned to their department. This action shall be taken to ensure the removal of all necessary access codes and passwords for security purposes. 2. All computer hardware, software, and manuals shall be returned to the employee's immediate supervisor or to Human Resources at the employee's exit interview 3 11 PURCHASING POLICY The purchasing function of the City, involves the procurement of all goods and services at the lowest possible cost, consistent with the quality needed for effective use. All purchasing must have the approval of the Department Director For specific procedures, refer to the internal administrative purchasing policy Violations of the purchasing policies and procedures will be subject to disciplinary action up to and including dismissal. 312 EMPLOYMENT VERIFICATIONS/REFERENCES To protect the City and staff from potential legal claims related to information released about current and former employees. all verifications, references, and inquiries regarding current and former employees must be referred directly to Human Resources 3-4 SECTION 5, City of Wheat Ridge Personnel Policies BENEFITS, PROGRAMS, AND LEAVES Sections Revised: 518,548,5 7A, 5 7E, 5 11, 5,12 A,1 514 G 3 Approved by Council: ,2004 51 GUIDELINE The City Manager, subject to budgetary limitations set by the City Council, may provide fringe benefits to employees, Such benefits may be enumerated and explained to Employees through these Policies, meetings, orientation, memoranda, booklets, etc. A. Except as may be governed by law or written agreement, benefits may be increased, decreased, eliminated, changed or modified from time to time as deemed necessary or appropriate by the City Manager and approved by budget action of the City Council. The City will make a reasonable effort to provide employees with a minimum of thirty (30) calendar-day notice prior to the effective date of any benefit change which results in a reduction of benefits. B. Leave and holiday time off as described in this section, excluding work breaks ond 'IOC3tion leave, may be requested and approved in increments of at least 1/4 hour Leave and holiday time used, if less than 1/4 hour, will be charged as 1/4 hour used. C Some of the following benefit programs are described in greater detail in benefit plan documents that may be reviewed in Human Resources. None of the following Policies is a summary plan description under the Employee Retirement Income Security Act, as amended or under any other statute, regulation or rule. In the event of any conflict between the following summaries and the tenns of any employee benefit plan, the terms of the employee benefit plan shall control. Employees may review copies of any applicable summary plan description or benefit plan by contacting the Human Resources Office. 5.2. EMPLOYEE ASSISTANCE PROGRAM A. The following policy reflects the City of Wheat Ridge's concern for the well being of its employees as well as its dedication to the efficient accomplishment of its organizational goals. The City recognizes that an employee or member of his or her immediate family may have personal problems and various emotional problems and such problems may adversely affect the employee's job perfonnance. The City believes resolution of these problems is in the best interest of both the employee and the City Therefore, the City of Wheat Ridge has contracted to make available to all employees and their families a free counseling and referral service. B. The City encourages any employee who is experiencing any personal problem to seek assistance, either by contacting a manager or the Human Resources Manager, or through outside service organizations. 1 Self-Referral - The City encourages any employee who is experiencing a personal problem to seek assistance, either by contacting his or her supervisor, Department Director, the Human Resources Manager, or through outside service organizations. 2. Suoervisorv-Referral - When a supervisor becomes aware of a developing pattern of unsatisfactory job perfonnance which has not been corrected through the City's standard disciplinary procedures or the employee's own efforts, and when the supervisor believes it can be improved by participation in the program, the supervisor may recommend or require the employee seek assistance, C It is not the role of any supervisor or manager to attempt to diagnose or resolve any employee's personal problems. However, it is the responsibility of the supervisor to be clear about the job perfonnance expectations of employees, to document specifically any deviations from these expectations, both positive and negative, and to take appropriate corrective action in the event the employee's job perfonnance fails to meet acceptable standards. D Only documentation relating to job perfonnance may be placed in the employee's personnel file; however no reference to suspected personal problems will be included, only when those personal problems directly relate to the perfonnance problem(s). E. The City will not discriminate against any employee in tenns of job security or promotional opportunities based in any part on the VOluntary use of the services discussed herein. Neither will participation in an assistance program alter the job perfonnance requirements of any employee. F Personal problems are the responsibility of the employee and, beyond the initial assessment and referral from the employee assistance program, it shall be the responsibility of the employee to bear the cost, in conjunction with insurance. 5-1 53 RETIREMENT Participation in a Retirement Plan is mandatory for all employees. Determination as to which plan will be used will be in accordance with regulations established by the City Details of plans are available in Human Resources. 54 OFFICIAL HOLIDAYS A. ReQular HoIidavs - The following holidays are recognized as municipal holidays for pay purposes. Regular full- time, regular part-time, and trial service employees have these days off with pay' New Year's Day Independence Day Veteran's Day President's Day Labor Day Thanksgiving Day Martin Luther King, Jr Day Memorial Day Christmas Day 1 During official holidays, most City departments will be closed. Exceptions are those departments responsible for providing public safety and emergency services and the recreation center 2. When a day recognized as a holiday by the City falls on Sunday, the following Monday is observed as the holiday When a day recognized as a holiday by the City falls on Saturday, the preceding Friday is observed as the holiday B Work on a Holidav 1 Any covered employee nonnally eligible for holiday benefits who must work on a day designated as a holiday under the provisions of this Personnel Policy, or such other day as authorized by the City, is paid at the employee's hourly rate of pay for the hours worked. In addition, full-time employees receive eight (8) hours of holiday f}aY time-off and regular part-time employees receive prorated hours of holiday f}aY time- off a Holiday time-off hours, with the exception of those accrued on Thanksgiving Day and Christmas Day, must be used by the December 31st of the year in which they were accrued or they will be forfeited. b The hours accrued on Thanksgiving Day and Christmas Day, if not used. will be paid no later than the first pay period in the year immediately following said holidays, 2. When a day designated as a holiday under the provisions of this Personnel Policy, or such other day as authorized by the City, falls on an eligible covered employee's normally-assigned day off, the full time employee receives eight (8) hours of holiday pay and the regular part time employee receives prorated hours of holiday pay C Other Conditions and Limitations - To be granted designated holiday leave with pay, an employee must work or be on paid leave the last working day before and the first working day after the holiday D Upon termination for whatever reason, an employee shall be compensated for unused holiday leave. However, the official separation date shall be the last day of active employment and shall not be extended with unused holiday leave unless pre-authorized by the City Manager 55 FLOATING HOLIDAYS A. In addition to the aforementioned official holidays, regular full-time employees shall be granted two (2) floating holidays at the first of each year A floating holiday shall be equivalent to one (1) workday Regular part-time employees will receive the floating holidays on a prorated basis. B The exceptions to 5.5.A. are: an employee who is hired on or between June 30 and October 1 shall receive only one (1) such holiday for such year; an employee who is hired after October 1 shall not receive any such floating holiday for such year C With the exception of 5.5.F., floating holidays cannot be converted to cash and must be utilized during the year in which they are earned or will be forfeited. D An employee shall be required to apply all accumulated floating holiday time when utilizing On-the-Job Injury Leave, FMLA, Disability Leave and all other applicable Leaves as described and referenced in Section 5. E. Use of a floating holiday requires advanced approval from the employee's immediate supervisor Completion of a Pre-Authorization for Leave fonn may be required. F Upon termination, employees will be paid for accrued, unused floating holiday hours. However, the official separation date shall be the last day of active employment and shall not be extended with unused floating holiday leave unless pre-authorized by the City Manager 5-2 56. RELIGIOUS HOLIDAY OBSERVANCE An employee who wishes to be excused from work in observance of a religious holiday will request approval of the absence from the Department Director If approved, the time off is charged against vacation leave, floating holiday, or compensatory time. 57 VACATION LEAVE A. Eliaibilitv - Regular employees and regular part time employees ore eligible to use accumul:3ted vac3tion leave from the initial date of hire. Vac3tion leave for :3 rogular part time employee is accrued from their employment date at a prorated rate. Regular employees accumulate vacation leave from the initial date of hire and the increase in vacation allocation, due to a length of service change, is effective on the employee's anniversary date All regular full-time employees receive vacation leave according to the following schedule, regular part- time employees receive vacation leave at a prorated rate COMPLETION OF VACATION HOURS YEARS OF SERVICE PER MONTH Less than 6 8 6-10 10 11-15 12 16 Years and Over 14 2. The increase in vocation allocation due to a length of service change is effective on the employee's anniverElary date of hire. S. Maximum Hours - Employees may carry over from one (1) year to the next all allowable accumulated vacation hours. As of December 31 of each year, no employee will be permitted to have an accumulated amount of accrued vacation leave in excess of two hundred forty (240) hours. Any employee who has accumulated more than 240 hours of vacation will cease to earn any additional vacation until such time as the employee's vacation leave accumulation is reduced to or below 240 hours. C Use of Vacation 1 Employees eligible for vacation accrual must work or be on approved leave, including leave without pay if such leave without pay is for less than fifteen (15) calendar days, for all scheduled working days in a month to earn vacation leave for that month. a. If, during the period an employee is on vacation leave, a condition occurs that would allow the employee to take sick leave or other justifiable leave, this condition should be reported to the Department Director In the case of illness, a statement from a physician verifying any period of illness may be required to be submitted. The Department Director must then charge this period to sick leave or other appropriate leave. If this is not followed, vacation leave will continue to be charged. b. Designated holidays which occur during vacation leave shall not be charged against vacation time. 2. Regularly Scheduled Day Off - Vacation hours shall be charged against the employee's accrued vacation for only those hours that the employee is regularly scheduled to work. 3. Forfeiture of accrued leave as a disciplinary action shall not be authorized. No employee shall lose accrued vacation leave when promoted, demoted, or transferred. D Grantina of Vacation Leave 1 The dates and length of time an employee uses accrued and accumulated vacation leave requires prior approval by the employee's immediate supervisor All non-exempt employees may be required to request said leave, in writing on a Pre-Authorization for Leave form and submit to his/her supervisor as soon as possible. 2. While supervisory personnel will strive to accommodate staff requests relating to vacation scheduling, such requests cannot always be honored and various factors including the business needs of the City, effects on employee performance, and public safety, may affect vacation schedules. In some circumstances, the City may need, and reserves the right, to cancel previously scheduled and approved vacations. 3. Unless agreed upon in advance, vacation compensation will be paid on the City's customary payday, at the employee's rate of pay at the time vacation commences. Employees on vacation will be paid for eight (8) hours for each vacation day, and will have eight (8) hours deducted from their accrued vacation entitlement. 4 An employee may not take more vacation leave than they have accrued as of the date such leave is used. 5 An employee who takes vacation leave without authorization may be subject to suspension without pay for a period equal to three (3) times the amount of time so taken; may not be paid for such unauthorized leave; and may be subject to dismissal. 5-3 E. Compensation for Accrued Vacation Leave - For purposos of oomputing 'JaGation "sep:mltion P3Y," the employee must work the full month for that month to be inoluded in the oomputation of accrued 'IDeation. Upon termination, retirement or death, employees will be paid, at the employee's base rate of pay, for all allowable accrued, unused vacation time. 1 Vacation time does not acorue during any partial month '....orked, but is earned only upon the completion of a full o31endar month of continuous employment. Payment for acorued and unused vacation le3\'e shall be made 3t the employee's bose r3te of pay. The official separation date shall be the last day of active employment and shall not be extended with unused vacation leave unless pre-authorized by the City Manager 2. Upon the death of an employee, compensation of unused accrued vacation leave shall be paid to the estate of the deceased employee, F Vacation Cash-Out and Reauired Vacation - An employee may, once each calendar year, request and receive payment in exchange for accrued vacation leave for hours in excess of eighty (80). The maximum number of vacation hours that may be exchanged is forty (40) hours. An employee who requests a cash payment for up to forty (40) hours of vacation leave does not need to provide justification. However, the employee is required to take at least one (1) week of actual vacation/rest time each calendar year unless the exception is approved by his/her Department Director Forms to request vacation cash-out may be obtained in Human Resources. 58 SICK LEAVE A. Eliaibilitv - Regular full-time and regular part-time, and trial service employees within these classifications, are eligible to accrue and use sick leave. B. Accrual 1 Effective on appointment, all full-time employees shall earn and accrue sick leave on the basis of eight (8) hours for each month worked. Regular part-time employees shall earn and accrue sick leave at a prorated basis. An employee must work or be on approved leave for all scheduled work days in a month to earn sick leave for that month. Leave without pay will qualify as approved leave if the total length of such leave without pay is for less than thirty (30) calendar days. 2, Forfeiture of sick leave as a disciplinary action shall not be authorized. An employee shall not lose sick leave accrued when promoted, demoted, or transferred. 3. Employees shall earn and accrue sick leave from their date of hire and accrual is recorded month to month on an anniversary date basis. Employees who are reinstated shall earn and accrue leave as though their date of reinstatement is the date of hire. 4 Sick time shall be charged against an employee's accrued sick leave for only those hours that the employee is regularly scheduled to work. Designated holidays that occur during sick leave shall not be charged against sick time. C Accumulation - Sick leave accrual is unlimited for all eligible active employees who were employed by the City prior to February 13, 1990 All eligible employees hired on or after February 13, 1990 are limited to 480 hours. D Use of Sick Leave - Sick leave may be requested in the case of personal sickness or disability or medical or dental treatment. Sick leave may also be used for an illness or injury within the employee's immediate family, when it is necessary for the welfare of the employee's family The Family and Medical Leave Section of this Policy states other conditions under which sick leave may be requested. E. Activities Incompatible with Sick Leave - Any employee who is absent after requesting sick leave may not engage in work or other activities that are in conflict with the reasons given for use of sick leave by the employee for being on sick leave. While on sick leave, an employee must not engage in any activity which would hamper his/her ability to return to work. F Abuse of Sick Leave - In the event of questions concerning sick leave usage, supervisors may require written documentation. G Usage not related to FMLA or an approved absence, which affects an employee's performance or ability to be relied upon, whether or not in excess of the accumulation rate, may be a factor of consideration in potential transfers, promotions, pay increases, disciplinary action or any personnel transaction. 5-4 H. Confidentiality - All documentation related to the employee's or family member's medical condition is held in strict confidence and maintained in the employee's confidential medical file in the Human Resources Office. Payment of Group Health Premiums - Any portion of group health plan premiums which the employee has paid before starting an FMLA leave must continue to be paid by the employee during the leave. Any changes to premium rates and levels of coverage or other conditions of the plan that apply to other active employees also applies to eligible employees on FMLA leave. Payments for insurance will be deducted through the payroll process if possible. If payroll deductions are not possible, the employee will be required to remit payment by the time designated by the City The City's obligation to maintain group health benefits ends after a premium payment is more than 30 days late. If coverage should lapse while the employee is on FMLA leave, equivalent coverage will be restored upon return to work and he/she will not be required to meet any qualification requirements imposed by the health care plan. If the employee is able, but does not return to work after the expiration of leave, the employee will be required to reimburse the City for applicable payment of insurance premium(s) incurred during the FMLA leave. J Rights Upon Return to Work 1 Early Return - Since an employee may only be required to take FMLA leave for reasons that qualify and may not be required to take more leave than necessary, the employee may be promptly restored if the employee requests reinstatement earlier than originally scheduled, but should where foreseeable, give the City reasonable advance notice, generally at least two working days. 2. Upon the return to work, an employee who has been out on leave due to a serious health condition, must provide a medical certification release stating the employee can resume work and perform the essential functions of the position with or without reasonable accommodation(s). K. Substitution of Paid Leave - An employee must apply all available accrued leave for the period of time in which the employee is entitled under FMLA. No leave without pay can be taken until all accrued leave has been used L Employment Protection - Except as otherwise provided by the FMLA, employees returning from FMLA leave will be restored to the same position held before the leave, or an equivalent position. The City does not guarantee any position to an employee who does not return to work after the twelve (12) workweek Family Leave period (which includes any vacation, sick, holiday, or compensatory leave used by the employee while on Family Leave). M. Effect of FamilY Leave Upon Seniority and Continuitv of Service - An employee is not entitled to seniority or benefit accruals during periods of unpaid family and medical leave. However, an employee does not lose seniority or benefits accrued prior to family and medical leave. In addition, the next date of performance appraisal shall be adjusted by the amount of time in accordance with Section 6 7 N. Failure to Return from Leave - An employee who fails to return from Family Leave will be terminated after three (3) days of no report. An employee who is unable to return from leave at the time scheduled should contact Human Resources at least two (2) weeks in advance to request an extension of leave. If an employee fails to return from leave, the City may recover insurance premiums for any period of time that an employee was on Family Leave without pay in accordance with FMLA regulations. 510 DOMESTIC VIOLENCE LEAVE On April 19, 2002, a new law became effective in Colorado that addresses domestic violence in the workplace. Specifically, the law provides that an employer may seek a civil restraining order for the protection of its employees. In the event, an employee becomes a victim of domestic violence, stalking, and/or sexual assault, he/she may be eligible to receive up to three (3) days of leave to attend to a number of related matters. Eligibility information and requirements may be obtained in the Human Resources Office. 511 ON-THE-JOB INJURY LEAVE An employee injured on the job must report the injury ::lnd determine within twenty-four (24) hours and, in conjunction with the supervisor, determine if immediate medical attention is required. If so determined, the employee shall report to the appropriate facility and a worker's compensation claim form is initiated immediately A Grantina of Iniury Leave 1 A regular employee who is injured or develops a work-related illness in the line of duty shall be granted injury leave with pay for a period of ninety (90) calendar days, if the illness or injury is determined to be compensable under worker's compensation as defined by the worker's compensation law 5-7 - b. When a report is issued by a physician finding a permanent disability that disqualifies the employee for his/her position; or c. When, after ninety (90) calendar days from the date of injury has lapsed, the Department Director determines a continued vacancy would adversely impact the department's operation. 2. At such time the employment relationship is severed, the employee will receive full payment for all remaining accrued leave; may, if approved, utilize the City's disability insurance; and, will be given the opportunity to continue to participate in the group insurance program(s) through COBRA The employee may, if approved and accepted, utilize the City's disability insurance and/or Worker's Compensation provisions. 3. The employee will be placed on the Re-Employment Eligibility List for a period of 12 months. When the employee is available to work, he/she shall be considered for the first vacancy to a position for which he/she possesses the qualifications. It will be the responsibility of the employee to contact Human Resources for consideration of employment. - 512. DISABILITY LEAVE A Granting of Disability Leave 1 Regular full time Employees eligible for Disability benefits, who are unable to perform the functions of their job due to a qualifying non-work related injury or illness, may be granted Disability Leave, for a period typically not to exceed ninety (90) calendar days, provided the necessity for leave time is verified by a physician, in writing, a reasonable accommodation cannot be made, and the Department Director determines that an extension of other leave cannot be provided. 2. An employee on Disability Leave shall be required to utilize all accumulated leave, with sick leave to be first exhausted and then compensatory, holiday, and vacation leave. Should the injury/illness be such that the employee is unable to return to work after exhausting all accrued leave, said benefits shall not continue to accrue and the employee will be placed in an unpaid leave status. All leave time utilized through this policy shall be applied to Family Medical Leave as outlined in Section 5.9 3. For the duration of the Disability Leave, the City shall maintain the employee's insurance benefits. The employee is required to continue to pay the employee portion of insurance premiums (when applicable) while on Disability Leave, as long as the employee remains in paid status and provided such continuation is not prohibited by the group insurance contract. Should the employee revert to an unpaid leave status, the employee will be required to pay the full costs to include the City's portion and the employee's portion, for continuation of insurance coverage. This would include all insurance premiums with the exception of disability B Return to Work 1 Employees able to return to work within ninety (90) calendar days of a disability shall be restored to their former position or to a comparable position at the same rate of pay and benefits. The employee's seniority date with the City and any benefits that are based upon length of service shall be adjusted to offset the period of time that Injury Leave was taken without pay In addition, the next date of performance appraisal shall be adjusted by the amount of time in accordance with Section 6.7 2. The employee shall notify the Department Director of an estimated return to work date and provide a written release from the attending medical provider The Department Director is responsible for notifying Human Resources of the employee's date of return. C Limitations of Disabled Emplovees 1 Employees who are unable to return to work after ninety (90) calendar days of a disability will not be guaranteed reinstatement to their former or comparable position at the same rate of pay 2, If it is determined that an employee is capable of performing limited duties prior to their release to normal duties, the employee may be assigned duties within the conditions set forth in the physician's certificate, subject to the availability of the established duties. A reassignment of duties shall be reviewed and compensation will be established based on a labor market study of said duties, the employee's experience, qualifications and longevity 3. Any employee who believes that a health condition has rendered him/her unable to perform the essential functions of his or her job shall promptly report that condition to their supervisor, and request all specific forms of accommodation the employee believes will permit him or her to perform those essential functions. 5-9 '" 2. An employee who fails to return at the end of the three (3) months or who voluntarily extends his military service beyond that obligated or originally contracted, shall be deemed to have voluntarily resigned, effective as of his last day of active duty with the City E. Pension Riahts Retained - Any employee receiving a leave of absence in accordance with this section and participating in a City pension plan shall retain all rights accrued up to the time of taking such leave and shall have all rights subsequently accruing under such plan as if he/she had been actually employed during the time of such leave. Any increase in the amount of money benefits accruing with respect to the time of such leave is dependent upon the payment of any contributions or assessments, and the right to such increase is dependent upon the payment of such contribution or assessments within the period of time equal to three times the actual military leave not to exceed 5 years after the termination of such leave and upon such terms as the authorities in charge of the system may prescribe. (C RS 28-3-606) F Health Insurance - For military leave without pay of longer than ninety (90) calendar days, the employee, if continuation of coverage is desired, will be responsible for expenses necessary to pay the premiums. Continuation of coverage at the City's group rate may not exceed eighteen (18) months from the date military leave begins. G Reinstatement 1 Employees shall be reinstated in the position they would have obtained had he not gone on military leave, if military service did not exceed 90 days; or if military service exceeds 90 days, the employee shall be reinstated as per above or to a position of like seniority, status, and pay at the same rate of pay which would have been received without such leave. The following conditions apply' a. The position has not been abolished; (C RS 28-3-604) b. The employee is not physically or mentally disabled from performing the duties of such position. The City will make "reasonable efforts", as long as these efforts do not pose any undue hardships, to accommodate any service-connected disability c. The employee requests reinstatement to the appointing authority within ninety days after discharge from hospitalization or medical treatment which immediately follows the termination of and results from such service, but such application shall be made within one year and ninety (90) days after termination of such service, notwithstanding such hospitalization or medical treatment; d. The employee submits an honorable discharge or other form of release by proper authority indicating that his/her military service was satisfactory (C RS. 28-3-604) e. For military service of 30 days or less, an employee must report to his/her supervisor on the first scheduled workday following the military service. For service from 31 to 180 days, application for reinstatement must be made within 14 days after completion of the service. For military training or service of 181 days or more, application for reemployment must be submitted within 90 days after completion of the period of service. 2, Upon such reinstatement, the employee shall have the same rights with respect to accrued and future seniority status, efficiency rating, annual leave, sick leave, and other benefits as if he/she had been actually employed during the time of such leave. No employee so reinstated shall be removed or discharged within one year thereafter, except for cause and after notice and hearing; but this shall not operate to extend a term of service or office limited by law. (C RS. 28-3-604) 3. Regardless of length of service, all accrued vacation leave, (vacation, compensatory, holiday and sick, if applicable), shall be paid an employee who has been granted wartime and military leave before placed on leave without pay 515 BEREAVEMENT LEAVE A. In the event of a death in a full-time employee's immediate family, the employee may be granted time off with pay, up to a maximum of one workweek. Said time will not be charged to vacation, sick, holiday, or compensatory leave. Bereavement leave may be granted for use as a grieving period after the death of a member of the immediate family and/or for settlement of estates of the immediate family B Should an employee require additional time other than provided for in 5 15,(A), said time may be requested from the Department Director and such time shall be charged to the employee's accrued vacation, sick, holiday, or compensatory leave. Employees may be required to complete a Pre-Authorization for Leave form. C Amount of leave to be granted shall be at the Department Director's discretion with City Manager's approval, considering travel distance and relationship to the deceased. D Management may require the employee to provide substantiating evidence. Any misrepresentation in connection with a Bereavement Leave may result in discipline up to and including dismissal. 5-11 6.5 PAY UPON ADDITIONAL RESPONSIBILITIES When two or more actions affecting pay occur on the same effective date, the new pay range and rate shall be computed in the following sequence as applicable: A. If more than one personnel action occurs on the date an employee's performance increase is effective, the performance increase, if warranted, shall first be applied before other pay adjustments are made. B If the employee is promoted or demoted, the appropriate pay adjustment shall apply along with any pay range adjustments effective the same date. 66 CHANGE IN STATUS A, Promotion - When an employee is appointed to fill a higher position, the employee will receive an adjustment in his/her pay that reflects a 1 O%increase or placement to the minimum of the new pay range, whichever is greater Should the increase result in an amount not registered within the new pay range, the employee will receive the additional increase necessary to place them at a pay amount that is reflected in the new pay range. Under no circumstances will the employee's pay exceed the maximum salary amount assigned to the new position. The performance appraisal period will be the date in which the promotion becomes effective as determined by the Department Director and approved by the Human Resources Manager Time worked in an interim status immediately prior to the Promotion may be credited toward determination of the evaluation period. S Reclassification 1 Market Study - A reclassification established due to a market study of the City's Classification Plan which determines a position to be improperly compensated shall result in the following: . The effective date shall be the 1 st of the year following approval of the City Council; the performance appraisal date of the employee affected by such reclassification shall not change; and, the pay rate received shall reflect the length of time the employee has been in said position if the reclassification results in a higher pay level. If the reclassification is a downward movement, Section 6.6.(C).2. applies. 2. Organizational Change - A reclassification received due to a change of structure in the organization but not as a result of an addition to staff shall result in the following: . The effective date shall be when such change goes into effect as approved by the City Manager The performance appraisal date will be affected in accordance with the provisions in this policy The pay rate received shall be in accordance with Section 6.6.(A) if assignment reflects a higher pay level; Section 6.6.(C).2., if assignment is a lower level; and 6.6.(0)" if no change in assignment is warranted. 3 Change Job Duties and Responsibilities - When the duties and responsibilities of a job appear to have significantly changed, the following may result: . The effective date and pertormance appraisal date for this type of reclassification shall be determined by the Department Director and approved by the City Manager However, in no case will the reclassification date be established prior to the last date the employee was scheduled to receive a performance appraisal. The 3ppr3isal d3te of the employee 3ff-ected by such recl::lGSifiwtion shall not change. The pay rate received shall reflect the length of time the employee has been in said position if the reclassification results in a higher pay level. If the reclassification is a downward movement, Section 6.6.(C).2. applies and if the result is neither a higher nor lower pay level assignment, Section 6.6.(0) applies. C Demotion - An employee may be demoted to a position of lower grade for which he/she is qualified. The decision to demote and to determine whether an employee is qualified for a lower-grade position resides in the discretion of the City Manager and the relevant Department Director All demotions must receive the approval of the City Manager and Department Director concerned. 1 Disciplinary reasons - A pay rate within the position's pay range will be determined by the City Manager 2. Non-disciplinary reasons - The employee's pay shall be placed within the new pay range to the point closest to his/her current salary In the event the current salary is higher, the salary will be frozen until such time as the new range exceeds the frozen salary, excluding cost of living increases, at which time the rate will conform to the top step of the new range. 3 The performance appraisal period will be the date in which the demotion becomes effective as determined by the Department Director and approved by the Human Resources Manager D Lateral Chanae - When an employee transfers to a position in the same pay range, the evaluation date and pay rate will remain unchanged. E. Reversion of Emplovees in Trial Service Period - When an employee in a trial service period reverts to a class to which he/she is certified or to another class at the same level, the pay shall be determined as though he/she had remained in the class to which he/she is certified and the performance appraisal date shall not change. When a trial service employee is demoted for non-disciplinary reasons or accepts appointment in a lower class, the pay shall be determined as though he/she were originally appointed in the lower class. 6-2 6 7 PERFORMANCE APPRAISALS A The City recognizes the importance of accurate employee evaluation, Performance appraisal is designed to provide two-way communication between the supervisor and the employee and to identify an employee's level of performance. The City's evaluation process recognizes the importance of developing goals for each employee in a joint process between the supervisor and the employee. S. A written performance appraisal will be completed for each employee by the immediate supervisor and approved by the Department Director in accordance with administrative regulations and at any other time a supervisor deems appropriate. Increases for satisfactory performance will be awarded in accordance with the merit system in place. C Performance Appraisal Date - An employee's performance appraisal date is established in accordance with the Performance Review System in force and shall remain at that date until one of the following: 1 Promotion & Demotion - When an employee is promoted to a higher class or demoted to a lower class, the employee's performance appraisal date of such reversion shall become the new performance appraisal date. 2. When an employee's position is reclassified, refer to Section 6.6 B Changes in Status, for the appropriate assignment. 3 The performance appraisal date shall change in the event of extended leaves in excess of thirty (30) days, upon which the total days absent will be added to their current performance appraisal date, e.g. · Employee is out 29 days = evaluation date of June 1 remains unchanged · Employee is out 45 days = evaluation date of June 1 changes to July 16 4 An employee receiving an Indeterminate or Unacceptable Performance Appraisal shall be re-evaluated at least every sixty (60) days until such time that the employee meets satisfactory performance or is determined, by the supervisor, unable to meet the expectations as expressed. This in no way limits the number of documented counseling sessions to be held during this period. However, this extended review period should not exceed six (6) months. Further extension must be approved by the Department Director If a review is extended for said reasons, the effective date for any attached pay adjustment will reflect the date upon which a satisfactory review is effective, D Employees should always feel free to discuss their performance with their supervisors at any time. Supervisors may, from time to time, initiate such discussions. It is the responsibility of the supervisor to conduct performance evaluations in a timely manner If at any time any employee believes his/her performance evaluation is overdue, the employee should inquire to his/her supervisor E, Only documentation relating to job performance may be placed in the employee's personnel file There shall be no reference to suspected personal problems other than those that directly relate to the employee's performance F The employee who is dissatisfied with the content of a performance appraisal may not appeal pursuant to the Problem Solving Procedure, unless the employee makes a claim of harassment, retaliation, or discrimination. The reason for denying access to such procedure is that any appraisal of performance, by necessity, involves the discretionary application of criteria to an individual's job performance which is deemed a legitimate function and prerogative of supervisory personnel. The employee may, however, prepare a statement of his/her response to the evaluation conclusions in writing that will be retained in the employee's personnel file, together with the original evaluation. 6 8 PERFORMANCE RECOGNITION A Pay Increase - Employees who exhibit acceptable job performance may be recommended for a pay increase within the assigned salary range of the position and in accordance with the budget. The pay increase shall be supported by a performance appraisal completed by the immediate supervisor and approved by the Department Director and Human Resources Manager Said pay raise shall be effective on the employee's established performance appraisal date, unless otherwise stipulated in the compensation plan S. The pay increase raises the level of the employee's base salary and shall not, in any case, exceed the maximum of the salary range for the employee's classification as established in the compensation schedule, C. Part-time and intermittent employees may be granted pay increases in the same way as regular full-time employees within the confines of the compensation schedule. D Employees not performing acceptable work are not eligible for merit pay increases. 6-3 6 9. OVERTIME PAY AND COMPENSATORY TIME It is the policy of the City to avoid the need for overtime work in order to minimize the financial liability caused by accumulated overtime. Overtime may be necessary for the protection of the lives or property of the residents of Wheat Ridge or the efficient operation of City departments. Authorized overtime is to be kept to a minimum. A. Non-Exempt Emplovees-An employee not in an exempt position who works time in excess of the standard work- week, shall be compensated for overtime. Compensation may be in the form of payor compensatory time off The City pays FLSA non-exempt employees for authorized overtime as follows: a Eligible employees shall be paid overtime at the rate of one and one-half (1%) times their regular hourly rate for time worked in excess of forty (40) hours actually worked in a workweek. Law enforcement personnel, as defined by FLSA, working a schedule other than forty (40) hours per week, shall be paid overtime in accordance with FLSA. b. Compensated days of leave such as sick, injury, compensatory time, holiday, annual or other paid leave shall not be considered as time worked for the purposes of computing overtime. c. When it is necessary to direct employees to report for emergency overtime work, see Section 6 10 d. When an employee appears in court while off-duty, as a witness in a matter arising from his/her job- related duties, see Section 5.20 B 2. Compensatorv Time - It is a condition of employment with the City that an employee shall receive compensatory time at one and one-half (1 %) hours for each hour worked in excess forty (40) hours per week, to the maximum accumulated amount allowed. The accumulation and use of compensatory time by an employee is documented on the employee's timesheet. a The employee's ability to take compensatory time off is dependent on the department's operational requirements. b. If a non-exempt employee has taken approved compensatory time off in excess of his/her accrued compensatory time, that excess compensatory time off shall be deducted from his/her accrued vacation leave. If the employee has no accrued vacation leave, that time shall be charged as leave without pay 3. To be eligible to work overtime, the employee must first receive prior approval from his/her Department Director or designee. An employee must inform his/her supervisor of any work situation that could cause the employee the need to work any hours above his/her standard workweek. 4 All compensatory time hours earned or used must be reported on employee time sheets and approved by the supervisor and Department Director 5 Supervisory employees shall have the authority to require overtime work as necessary All employees are required to work overtime when deemed necessary by the employee's supervisor In the event an employee is unable to work overtime, his/her supervisor must be notified immediately 6 When an employee changes from a non-exempt status to an exempt status, any unused compensatory time will be paid to the employee at the rate earned in the non-exempt status. 7 When a non-exempt employee receives a transfer from a current assigned department to another due to a promotion, demotion, or lateral transfer, all unused compensatory time will remain intact and will follow the employee to the new position to be used as approved by the Department Director or designee. S, Non-exempt employees will be paid at termination of employment for any unused compensatory time. This time will be paid at the employee's current hourly rate of pay However, the employee's official separation date shall be their last date of active employment and shall not be extended with unused compensatory time. 9 Compensatory time can be accumulated up to eighty (SO) hours. B Exempt Emplovees - While exempt employees have no entitlement to compensatory time off, they may be granted Administrative Leave as outlined these Policies. 610 INCIDENT RESPONSE PAY - (CALL-BACK & ON-CALL) A. Certain incidents which may occur throughout an annual period, when determined by the Director of the responding department, require the work force to change their daily normal working hour schedule to a 24 hour incident response schedule. In that occurrence, the following "call-back" stipulations shall be enacted: 1 Compensation - When a non-exempt on-call employee performs work in a call-back status, he/she shall be compensated at an overtime rate for a minimum of one (1) hour or the actual time worked outside of his/her daily normal working hour schedule, whichever is greater 6-4 2. Safety - Whenever possible, no person sRaII should be required to report for duty within ten (10) hours of the end of the previous full and continuous shift worked. In this case, a full and continuous shift may last for a maximum of sixteen (16) hours. 3. Travel Time - The employee will be paid at the overtime rate, for the travel time to and from the work site for unscheduled call-back, not to exceed a maximum of thirty (30) minutes. Travel time will not be paid if the unscheduled call-back extends into the employee's regular work shift, B. On-Call status means the employee should be prepared to return to the workplace or a designated work site to perform specific job duties. The employee is obligated to ensure he/she remains available within the required response time and in a non-impaired condition, fully able to safely perform job duties, Since on-call status is restrictive and inhibits the employee's personal activities, the following will apply. 1 The rate of pay for on-call status is equal to two (2) hours base pay for each twenty-four (24) hours the nonexempt employee is on-call. 2, No On-Call time will accrue during the period the employee is working in a Call-Back status or during his/her normal working hour schedule. C The Director or designee of the responding department shall determine when the incident has concluded and the daily normal working hour schedule is reinstated. 6 11 MULTIPLE CITY POSITIONS Any employee may occasionally (not regularly) work in a different position for the City on a part-time basis or as a volunteer, without having those hours counted as hours worked for computing compensatory payor overtime pay, provided that the work is not similar or related to the work usually performed by the employee, and so long as the employee requests and volunteers to work in the part-time job or volunteer position. If the employee is required and assigned by a supervisor to work in the part-time or volunteer position, those hours worked must be counted to determine the overtime or compensatory time due for the work week. 6 12. LONGEVITY PAY Longevity pay as a benefit for length of service, shall be applicable only to those regular full-time and regular part- time employees who were employed prior to the effective date of Ordinance Number 231, and shall be discontinued as a fringe benefit for all persons hired subsequent to the effective date of that ordinance dated April 3, 1977 Such pay shall be computed by using the individual's base salary as determined at the beginning of the employee's longevity pay eligibility year with the City Longevity pay shall be computed in equal installments and paid on each pay period at the rate of fIVe (5%) percent of base salary Base salary shall mean the current salary paid to the employee as authorized in the compensation schedule for his classification, exclusive of fringe benefits, paid overtime and other premium pay Total monthly salary, including longevity pay, shall not exceed the maximum pay for the classification of the employee as established in the Compensation Schedule. Service with any other governmental agency or other employer shall not be included in the computation of longevity pay 6 13 PROVISIONS APPLICABLE TO DEPARTMENT DIRECTORS AND THE CITY MANAGER As stated in Section 1 3, the Personnel Policies shall apply to all employees of the City of Wheat Ridge, Colorado, unless otherwise specified in City code, by written agreement, or within these policies. A. Compensation - The City Manager's salary shall be set at the prerogative of the City Council. The City Manager shall recommend salary ranges for Department Directors, except the City Clerk and Treasurer, based on relative responsibilities of work, comparability to prevailing rates for like work, and other pertinent economic data. B Benefits - With the exception of the City Clerk and Treasurer, all fringe benefits and procedures relating to benefits outlined in these Policies and Procedures shall apply equally to Department Directors and the City Manager; however they may be given alternate or additional benefits, with approval of Council. C Perfonnance Appraisal - The Department Director's work performance, with the exception of the City Clerk and Treasurer, shall be formally reviewed at the discretion of the City Manager The City Manager's work performance will be formally reviewed at the discretion of the City Council. D Dismissal - The City Manager may be dismissed only by the City Council. Any Department Director appointed by the City Manager may be dismissed only by the City Manager All Department Directors, with the exception of the Treasurer and City Clerk, report to the City Manager The Treasurer and City Clerk are elected positions. Any Department Director or officer of the City who is appointed by the City Council may be dismissed only by the City Council, either at its discretion or upon recommendation of the City Manager 6-5 City of Wheat Ridge Personnel Policies SECTION 11 DISCIPLINARY ACTION AND APPEAL PROCEDURE Section(s) Revised: 11,3,A 11 7 C , 11,90 11,9E, Approved by Council: ,2004 11 1 DISCIPLINE The City expects all employees to perform their job duties to the highest professional.an.d business standards at all times. Whether or not an employee's performance, conduct or behavior warrants diSCiplinary action IS Within the judgment and discretion of the City, as is the appropriate type of discipline in a particular instance. The City does not intend by this Policy to create any expectation that any employee will be assured of any particular form of disciplinary action, such as warning or notice, or progressive discipline, prior to dismissal. The City therefore reserves the right, in all instances, to review each situation independently and make a decision on what it deems to be appropriate discipline in all cases, up to and including discharge. Action taken by management in an individual case should not be assumed to establish a precedent in other circumstances. 11.2. APPLICATION OF DISCIPLINE The Disciplinary Action and Appeal Procedure applies to all classified employees and does not include: the City Manager, Elected Officials, temporary, seasonal, volunteer, Federal/State or specially funded intern employees, employees in a trial service status or as otherwise specified herein. 11 3 DEFINITIONS A. Disciplinary Authority - shall be the City Manager or his/her designee, Department Directors, Human Resources Manager, Division Managers, and Supervisors, within the limits of authority as set forth in Section 11 7 B Disciplinary Action - refers to action taken by the disciplinary authority against an employee, including reprimand, suspension, demotion, or discharge. C Business Day - for the purposes of this Policy, a time period of 8:00 am to 5:00 pm on a day of the week except Saturday or Sunday or City recognized holiday D Workday - An employee's scheduled daily hours of employment. 11 4 TYPES OF DISCIPLINE A. Consistent with the type and severity of reasons or grounds for disciplinary action, the disciplinary authority, to include the City Manager, Department Directors, Division Managers, and Supervisors may take the following disciplinary actions or any other appropriate action affecting current pay, status, or terms of employment: Verbal Reprimand: Initial action may consist of the supervisor verbally warning the employee concerning his/her work performance and counseling the employee on how to improve. A record of this discussion is made by the supervisor and placed in the departmental employee's personnel record, (not the employee's Personnel file as maintained in Human Resources). 2. Reprimand - Written: If a reprimand is in writing, a copy of the reprimand shall become a permanent record in the employee's personnel file as maintained in Human Resources. The employee shall be provided a copy of any written reprimand and shall be permitted to make a written response which shall be kept in the employee's Personnel file as maintained in Human Resources. 3. Disciplinarv Probation (Trial Service Period): If an employee's performance is failing and he/she is not meeting the expectations of the department, the employee, regardless of status, may be placed on a disciplinary probation. The Department Director may deny the employee movement through the pay plan until improvement is shown. During this period, the employee does not accrue time for compensation review or promotion and is not allowed to compete in promotional examinations or recruitment. This action places the employee in a review status, for a period of not less than three (3) months and no more than six (6) months duration, to be reviewed at least every thirty (30) days. An employee placed on disciplinary probation may be discharged for failure to meet performance requirements. 4 Susoension: A disciplinary authority may suspend an employee from employment, with or without pay a. Exempt employees may be suspended without pay for five or more days in accordance with applicable law A suspension without pay shall not exceed sixty (60) workdays. 11-1 11 7 AUTHORITY TO TAKE DISCIPLINARY ACTION The City Manager or designee, Department Directors, Division Managers, and Supervisors ma~ tak~ disciplinary action against an employee under their control for one or more of the reasons or grounds for discipline speclfi~d above in "Reasons or Grounds for Disciplinary Action", or for such other causes as may be deemed necessary In the given situation. A. Suoervisors shall have the authority to give an official reprimand to an employee under their supervision and relieve an employee of his/her duties in an emergency situation, pending further action by a higher level of authority Certain supervisors, upon approval by their Department Director, may suspend, with or without pay, for one (1) day A supervisor may recommend disciplinary probation, suspension, demotion, or discharge against an employee under their supervision to their next chain of command. B Division Manaaers shall have the authority to reprimand and suspend, with or without pay, for up to two (2) working days. A Division Manager may recommend disciplinary probation, suspension of more than two (2) days, demotion, or discharge to his/her Department Director C Human Resources ManaQer shall have the authority to make recommendations of any type of disciplinary action and/or corrective action to the Department Director in cases of discrimination, harassment, and/or workplace violence claims D Deoartment Directors shall have the authority to reprimand, discharge, demote, suspend with or without pay, and place an employee on disciplinary probation. All disciplinary actions may be altered at the discretion of the Department Director and/or designee, 11 8 DISCIPLINARY ACTION PROCEDURE A Reorimand - A disciplinary authority may reprimand an employee orally or in writing. Oral reprimands should be appropriately documented. For written reprimands, a copy of the reprimand shall become a permanent record in the employee's Personnel file. The employee shall be provided a copy of any written reprimand and shall be permitted to make a written response which shall also be kept in the employee's personnel file. B. Susoensions for two (2) work days or less for disciplinary reasons, (not to include temporary or immediate suspension) - Prior to imposing the suspension, the disciplinary authority shall meet with the employee to discuss the matter and any proposed action. If the discussion to suspend is made by a disciplinary authority other than the Department Director, the employee may request a review of the action by the Department Director The decision of the Department Director shall be final. C. Susoension. Demotion and Discharae - For disciplinary action other than a reprimand or suspension of two (2) days or less, the following procedures shall be employed: 1 Upon learning of an allegation of misconduct, an investigation will be initiated no later than the next business day after receipt of the notification to determine if the allegation is substantiated and if disciplinary action is warranted. Recommendation for disciplinary action will be made within seven (7) days of the completion and review of the investigation supporting the allegation of misconduct. This written notification, titled Recommendation of Disciplinary Action, shall include a statement of the reasons for action and may include a recommended action and shall be submitted up through the line of authority to the appropriate Department Director Recommendations for disciplinary action shall not be made a part of the employee's Personnel file as maintained in Human Resources. 2. Within seven (7) business days of receipt of the recommendation, the Department Director shall conduct whatever review he/she considers necessary and appropriate. In the event he/she determines that disciplinary action may be appropriate, the Department Director shall notify the employee in writing that he/she is considering disciplinary action and state the reasons therefore. This written notification, titled Notice of Consideration of Disciplinary Action, shall also advise the employee of a time and place to meet with the Department Director in order to respond to the written notification and that the employee may submit any written response as well. 11-4 3. Within seven (7) business days of the employee's receipt of the written notification, the Departmendt Director shall meet with the employee and review any written response submitted by the employee, an shall give consideration to the oral and/or written responses. The employee is ~ot entitled to ~ny representation, including legal counsel, at this meeting. At the Department Director's. discretion, Supervisors will be present. Thereafter, and within seven (7) business days, the Department Director shall determine what disciplinary action, if any, shall be taken. In the event disciplinary action is taken, the Department Director shall issue a memo titled, Notice of Discharge or Demotion or Suspension of More Than Two Days, including a statement of reasons therefore and the effective date of the action. If a temporary and immediate suspension was previously imposed, the Department Director may convert it to a suspension without pay for non-exempt employees as part or all of the disciplinary action. If the disciplinary action is discharge, demotion or suspension of more than two (2) days, the notice of disciplinary action shall advise the employee of his/her appeal rights. The disciplinary action shall be effective as stated in the notice of disciplinary action without regard to any subsequent appeal. D Time Limits - Should the administration herein defined as supervisory and management personnel need additional time to complete the review in order to determine disciplinary action, the Department Director shall submit to the City Manager a written request for an extension of time. 119 APPEALS A. Employees, except those identified in Section 11.2. have the right to appeal disciplinary actions that include discharge, demotion, or suspension for more than two (2) working days. An appeal may only be initiated by filing written notification to the City Manager within seven (7) business days after their receipt of the written notice of a disciplinary action. The appeal must specifically state the facts upon which the appeal is based. B. The City Manager shall meet with the appellant, within seven (7) business days after receipt of the appellant's request, and permit the appellant to state his/her reasons for any modification of the disciplinary action. 1 The meeting with the appellant can be limited in time by the City Manager The appellant may bring whatever matters to the City Manager's attention which are relevant, including any discipline imposed upon others; his/her own work and discipline record; any mitigating circumstances, including any physical or emotional illness of appellant; and any other matters. 2. The appellant shall not be entitled to bring any witnesses to the meeting, except as may be specifically permitted by the City Manager upon prior request. The appellant may appear with his/her legal counsel at his/her expense and the City may be represented by any person of choice. There shall be no transcript of the meeting nor is it necessary to retain any submittals. 3. Subsequent to the meeting, the City Manager shall inform the appellant, in writing within seven (7) business days, unless good cause exists for additional time, stating whatever determination has been made regarding modification of the disciplinary action. The City Manager shall order whatever action is necessary, if any, to implement his/her decision and shall notify the appellant, the Department Director and the Human Resources Manager accordingly C If the employee is dissatisfied with the decision of the City Manager, he/she may appeal, in writing, within seven (7) business days, to the Human Resources Manager The Human Resources Manager shall maintain a list of impartial and qualified hearing officers. Upon receipt of any notice of appeal of the disciplinary action, the Human Resources Manager shall provide the employee with this list and the employee shall select a hearing officer, based on availability If the employee does not select a hearing officer from this list within seven (7) bUSiness days after receiving the list, the City shall select a hearing officer D The hearing officer shall conduct a hearing within sixty (60) calendar days after the written notice of appeal is received by the Human Resources Manager, unless good cause is shown that additional time is necessary 1 There shall be administrative. regulations promulgated which provide for notice, procedures to be employed dunng the heanng, and the nght of the appellant to be represented by any person of his/her choice willing to serve, including an attorney at law 2, The City may be represented by any person of its choice, including the City Attorney or his/her designee The City shall also have present, the Human Resources Manager and/or his/her designee E. The hearing officer's role is to conduct a hearing, including application of procedure as established by administrative regulations and shall schedule the date and time for the hearing at a location designated by the City of Wheat Ridge 11-5 City of Wheat Ridge Personnel Policies SECTION 12. DEPARTURES FROM EMPLOYMENT Section(s) Revised: 123, 124B 1240 Approved by Council: ,2004 12.1 PURPOSE It is hoped than any employee will remain with the City for a long time. However, it is recognized that, at times, a situation does not always work out for the long term, and for whatever reasons, employment separation IS the final outcome. This policy will provide descriptions of some, though not necessarily all, of the various circumstances that could arise and provides guidelines for each, 12.2. AT WILL EMPLOYMENT Unless specifically provided additional rights in a written contract, the employment relationship for unclassified employees may be terminated at any time by either the City or the employee, with or without cause and with or without notice, The City may follow a progressive type of discipline however, the City reserves the right to forego that process when, in the discretion of the City, progressive discipline is not merited. The decision to use progressive discipline in a given case is an attempt to improve the performance or behavior, but does not change the at-will nature of the employment relationship. 12.3 RESIGNATION PROCESS A. It is customary for employees to provide employers with advance notice of an intended resignation, to permit the employer to make arrangements to fill the vacancy created by an employee's departure. In order for an employee to be considered as having resigned in good standing, he/she must submit a written notice of resignation to the relative Department Director at least ten (10) working days before the effective date of the resignation. The Department Director and the City Manager may authorize the resignation of an employee with fewer than ten (10) days notice if there are sufficient reasons to waive the requirements of this section. 2. /\ Department Director, to be consiecred as having resigned in good Gtonding, must submit a written notice of resignation to the City Manager at least thirty (30) calendar days before the effective date of the resignation. The City Manager may authorize a resignation in good stoneing upon shorter notice for sufficient caUSE), B Future Opportunity - An employee who resigns while under suspension or while under disciplinary action shall forfeit all rights to be granted a review under these Policies and Procedures and will not be eligible for appointment or admission to a future examination. Employees who resign in good standing may be reinstated to their former or comparable class if a vacancy exists within a period of one (1) year after termination. C Withdrawal - An employee may rescind his/her resignation if such request for withdrawal is submitted prior to the effective date of resignation and has received approval from the relative Department Director The City reserves the right to accept all resignations as final when made. D Separation Date - In order to minimize the City's liability, the employee's official separation date shall be their last day of active employment and the effective date of termination shall not be extended with unused accrued or accumulated leave or compensatory time, The employee is expected to work the total number of hours on his/her last active work day that he/she is normally scheduled to work unless otherwise authorized by the relative Department Director and approved by Human Resources, 12.4 LAY OFF A. Employees may be laid off by the City Manager due to a change in duties or organization, elimination of a position, shortage of work funds, contracting out City services, or completion of work for which employment was created. In the event that a lay-off becomes necessary, the City reserves the right to make all lay-off and recall decisions in its sole discretion, based on factors that the City deems relevant. Relevant factors may, but need not include, the City's staffing requirements and employee skills, knowledge, performance and experience. Seniority alone shall not be determinative, and need not be considered if the City determines in its sole discretion that other factors should control. The City will not provide recall or bumping rights to any employee or separated employee. B. Order of Layoff - Is based on the recommendation of the Department Director The order of a layoff is not based on seniority but rather in preparing a recommended order of layoff, the Department Director should consider the lengths of service and the job performances of the employees involved. Employees within the classifications involved will be laid off in the following order, from first to last: emergency employees, temporary employees, trial service penod employees, regular part-time employees, and regular full-time employees. 12-1 C. Notification - In cases involving a regular full-time or part-time employee, notice of such terminafftiont. is gdiVetn tOf the employee within a reasonable time, generally at least ten (10) working days before the e .ec Ive a e. 0 tennination, Employees so notified may be allowed to use reasonable amounts of work time dunng that penod to seek other employment. These tenninations are not subject to appeal. D Reinstatement from Layoff - The names of regular full-time and part-time employees are placed on the official layoff reinstatement list for a period of twelve (12) months. Employees on a layoff reinstatement list are eligible for reinstatement to the same classification if a position comes open. Employees on the layoff list may also be considered for any open position for which they meet the minimum qualifications. For the employee to be considered for any position, he/she will be required to complete a City Employment Application for each open position they are interested in and submit according to the instructions publicized during the recruitment process Laid off employees are recalled in the in'/erse order to the layoff with considerotion liliven to qualifications, In recalling laid-off employees, consideration of length of service and job performance will be given E. No vacation or paid sick leave or other benefits will accrue during lay-off. At the request of the employee, health and dental insurance benefits will continue under the guidelines of COBRA as outlined in Section 12.10. The employee will pay the full premium charged the City 12.5 DISCIPLINARY ACTION An employee may also be terminated at any time as a form of disciplinary action as provided in Section 11 Dismissal of an employee in a "Trial Service Period" or of a temporary or emergency employee shall be final and not subject to appeal. 12.6 RETIREMENT All regular full-time and part-time employees in City service who retire under the provisions of any present or subsequent retirement policy or plan are treated as having been separated from City service in good standing. 12.7 TERMINATION BASED ON POSITION REQUIREMENTS An employee who becomes unable to meet the mental, physical, licensing, or certification requirements of the employee's position may be tenninated from City employment within thirty (30) days of the date the employee is unable to meet the requirements of their position. Employees with mental or physical impainnents that are covered by the ADA shall be entitled to reasonable accommodation in accordance with the ADA. The recommendation for tennination will be made to the City Manager by the Department Director 12.8 EXIT INTERVIEW A member of the Human Resources Office shall attempt to conduct an exit interview with all employees who leave the City employment prior to, or on the effective date of employment separation. The purpose of the interview is to retrieve City property, not previously surrendered to the employee's department and solicit the employee's opinions concerning the organization. If applicable, the employee will also be provided with a notice of right to continue health and dental insurance, and shall complete the fonns necessary for the disbursement of the employee's vested portion of retirement plan accounts. 12.9 FINAL PAY A. Employees who resign or are dismissed from City service shall be eligible to receive payment for the hours worked during the current pay period plus payment of accrued, as applicable, currently in their account. Said payment is made not later than the following scheduled payday The automatic payroll deposit system will not be utilized for the employee's final paycheck. B At the time of separation, City employees are expected to return all City property in their possession or control. The City reserves the right to withhold from a final paycheck the replacement value of all City property that is not returned by the time that paycheck is due. Employees will be notified of the amount and reason for any such withholding. The withheld sums will be paid, within thirty (30) days, subsequent to the return of the City property in question, less a reasonable deduction for any damage to the property (other than ordinary wear and tear). C The departing employee shall leave a forwarding address with Human Resources indicating where future correspondence and tax report fonns can be mailed. 12-2 City of Wheat Ridge Personnel Policies SECTION 14 EMPLOYEE PERSONNEL SERVICES Section(s) Revised: 147 8, Approved by Council: ,2004 141 PURPOSE Objectives for maintaining adequate personnel records and reports are: . To demonstrate that legal, regulatory, and procedural requirements for all personnel actions have been satisfied; . To provide a basis for making decisions involved in personnel actions; . To provide a basis for reports on personnel activities; . To document the attainment of employees' educational, development and training goals; 14.2. PERSONNEL RECORDS AND FILES A. All employee public personnel files and confidential files shall be maintained under the custodianship of the Human Resources Office. Members of the Human Resources staff, referred to as file custodians, for the purpose of this policy, have the responsibility of keeping personnel records in a secure manner B. Access to information contained in the employee's official files is restricted to those individuals with a need to know as provided by law Such individuals are: the employee, the Department Director, supervisor and City Manager or designee. To the degree possible, security of information will be respected and maintained. C. The City hereby determines that only those records contained in its employees' "Public Employee Personnel Files" shall be deemed public records pursuant to C R.S Section 24-72-201, et seq. All other personnel files maintained by the City or its departments, including but not limited to the employees' "General Confidential Files" and "Employee Medical Files" are hereby deemed "personnel files" as that term is defined by Section 24- 72-202(4 5), as files maintained because of the employer-employee relationship. D The employee's Department Director and supervisor, or the employee, may request that a document be placed in anyone of his/her files. The file custodian(s) will approve such request and file the document in the appropriate file if it meets the criteria as described in the following sections. If a dispute arises regarding the appropriateness or suitability of filing a document in an employee's official file(s), the employee may file a complaint as provided for in Section 13 of these Policies. E. Documents contained in an employee's official file(s) shall not be permanently removed without Department Director and Human Resources Manager approval. F All statements made by employees on any employment record must be true, accurate and complete. Inaccuracies or omissions on any such record, whether or not intentional, may result in discipline up to and including dismissal. 143 "OFFICIAL" PUBLIC EMPLOYEE PERSONNEL FILE Documents to be contained in the employee's public personnel file may include, but are not limited to the following: Application form(s) & cover letter(s) Resumes Letter confirming appointment to a position Letter(s) of recommendation Training courses attended/completed Significant achievements Disciplinary action(s) Letters of commendation Performance evaluations/appraisals Payroll status forms Classification & Reclassification documents Awards and recognitions Copy of employee's job description/job posting Employee oath of office Employee's receipt for Personnel Policies Employment History Log Education diplomas/degrees or courses completed Requests to inspect the file Letters of resignation Notification of termination 14-1 14.5 GENERAL PERSONNEL RECORDS The following describe general personnel records that are maintained by the City in aggregate form. The information is maintained under the custodianship of Human Resources, Treasury Department, or other City Jepartment which is responsible for the activity for which these records are maintained. RecruitmentlEEO Employment verifications and references EEO-1 reports Benefits Benefit plan rate and renewal information COBRA records Compensation Classification, pay, benefits surveys and studies Wage plan documentation Employee time sheets Employment verifications for loan purposes Employment claims Employee complaints and appeals Unemployment compensation claims Safetv Safety equipment records Safety regulations Tests Skills testing or certification Traininq and Development Training reports Needs analysis surveys Other Evaluations (comments) and those considered to be "Working" document 146 REVIEW OF OFFICIAL EMPLOYEE FILES Position requisitions INS 1-9 form Benefit plans claims experience Job descriptions FLSA records and determinations Payroll records Wage garnishments Discrimination charges Wage-hour complaints Required OSHA reports Accident reports Promotional examinations Feedback/critique sheets The originals of documents must be placed in the employee's official personnel file maintained in Human Resources. Any employee may review his/her official files at any time during the standard working hours of Human Resources. Employees or their authorized and designated representative may receive additional copies of any information in their file upon request. The standard photo copy charge established by the City will be assessed for each additional copy provided. 147 RELEASE OF OFFICIAL EMPLOYEE FILE INFORMATION A. Access to and release of information contained in employee files will be provided by Human Resources as provided by law, these Policies, and/or as authorized by the employee. No employee can release the address, telephone number, Social Security number, or date of birth of any employee, officer, or appointed official as shown in the personnel records (except as the law allows) without the prior consent of that employee or appointed official. The Human Resources office, however, has the authority to verify or confirm the above information without prior written permission from the employee, officer, or appointed official. B. All '/eFifiootion of currant or former cmJ'lloymont All current or former employment verifications and/or work references for current or former employees are made through Human Resources. For telephone verification, only the dates of employment, pay rate, and job title will be given. Letters for verification of employment or letters requesting other employment information must include a signed release from the employee in question, satisfactory to the City, unless the information is a matter of public record or as otherwise provided by law C The City will not predict or give a response to questions asking for the "probability of continued employment" in response to loan or employment verification forms. Employees should so advise individu~ls who would request an employment or loan verification on the employee's behalf of this City policy D Department Directors and supervisors shall have access to any of their employees' or prospective subordinates' personnel or benefit files at any time on a need-to-know basis as provided by these Policies 14-3 City of Wheat Ridge Personnel Policies SECTION 15 ANTI-HARASSMENT AND WORKPLACE VIOLENCE Section(s) Revised: 151 C 151 E Approved by Council: ,2004 15 1 PROHIBITING HARASSMENT A. Purpose It is the aspiration of this City to provide a working environment free from harassment of its employees based on race, color, religion, gender, national origin, age, disability, veteran or marital status, in compliance with the applicable law All employees are expected to avoid any behavior or conduct toward any other employee that constitutes harassment. Harassment is extremely serious misconduct and may result in discipline, up to and including dismissal. Harassment may also subject the harasser to personal, legal and financial liability Harassment of employees by non-employees is also prohibited. B. Defined Harassment - May take many forms. It includes slurs, comments, jokes, innuendoes, unwelcome compliments and advances, cartoons, pranks, and/or other verbal or physical contact that does any of the following: a. Has the purpose or effect (intended or unintended) of creating an intimidating, hostile, or offensive working environment; b. Has the purpose or effect of unreasonably interfering with an employee's work performance; or c. Other wise adversely affects an employee's employment opportunities, 2. Sexual Harassment - Occurs when the verbal and physical conduct described above are sexual in nature or directed at a person because of his or her gender Sexual harassment exists in the workplace in the following situations, although it is not limited to these situations: a. When submission to the conduct is, either explicitly or implicitly, a term or condition of employment; b. When submission to, or rejection of, the conduct is used as a basis of an employment decision affecting an employee; c. When the conduct unreasonably interferes with an employee's job performance; d. When the conduct creates a work environment that is intimidating, hostile, or offensive. C Reporting Procedure 1 Employees who feel they or other employees have been subjected to harassment of any kind, are encouraged to immediately identify the offensive behavior to the harasser and request that it stop This includes actions by other City staff members, members of the public, customers, suppliers, or other persons encountered at work. 2. If the employee is uncomfortable in addressing, the matter directly with the harasser, or if the harasser is confronted and does not stop the behavior, then the matter should immediately be discussed with the Human Resources Manager, the employee's supervisor, a representative of the City's Employee Assistance Program, or any supervisor with whom the employee feels comfortable. The matter should be reported regardless of whether or not the harasser has been confronted. 3 Any supervisor or manager who becomes aware of any alleged incident of harassment must refer the matter to the Human Resources Manager for investigation, This notification should be no later than the first regular business day following the complaint. If the Human Resources Manager is unavailable, notification should be given to the Administrative Services Director If the Human Resources Manager is the subject of the complaint, the matter should be referred to the City Manager for investigation. D Investigation Process - All complaints are promptly investigated. Investigations include interviews with the individuals involved and any witnesses who are available. To the extent possible, any investigation will be handled in confidence. However, the City cannot promise anonymity to persons who report harassment. E. Retaliation - The City will not tolerate retaliation against any individual who brings a harassment complaint in good faith. An employee who believes he/she has been retaliated against shall advise his/her immediate supervisor Department Director or the Human Resources Manager Supervisors and Department Directors shall take appropriate action to investigate and address complaints of retaliation 15-1 2.12 Orientation of Employees. 2-4 2.13 Payment for Travel for Interview Purposes 2-4 2.14 Relocation Expenses. 2-4 SECTION 3 EMPLOYER PRACTICES & EXPECTATIONS 31 Employee Courtesy 3-1 3.2. Hours of Work. 3-1 33 Attendance 3-1 34 Pay Periods/Pay Days 3-1 35. Automatic Deposit. 3-1 36. Deductions 3-1 37 Dress Codes 3-2 38. SmokingfTobacco Policy 3-2 39 Periodic Physical Examinations 3-2 310 Computer & Electronic Media Usage 3-3 3 11 Purchasing Policy 3-4 312 Employment Verifications/References 3-4 SECTION 4 EMPLOYEE ETHICS AND PERSONAL ACTIVITIES 41 Purpose 4-1 4.2. Incompatible Personal Activities of City Employees. 4-1 43 Employee's Personal Financial Affairs 4-1 44 Off-Duty Employment. 4-1 45 Employee Political Activities 4-1 46. Solicitation of Employees 4-2 47 Personal Mail and Use of City Telephones 4-2 48 Employee Privacy 4-2 49 Conflict of Interest. 4-2 SECTION 5 BENEFITS, PROGRAMS AND LEAVES 51 Guidelines. 5-1 5.2. Employee Assistance Program 5-1 53. Retirement. 5-2 54 Official Holidays. 5-2 55 Floating Holiday 5-2 56 Religious Holiday Observance 5-3 57 Vacation 5-3 58. Sick Leave 5-4 59 Family & Medical Leave 5-5 510 Domestic Violence Leave 5-7 5 11 On-the-Job Injury 5-7 512. Disability Leave 5-9 513 Maternity Leave 5-10 514 Military Leave 5-10 515 Bereavement Leave 5-11 516 Educational Leave 5-12 517 Administrative Leave 5-12 518 Investigative Leave 5-12 519 Suspension of Leaves 5-12 5.20 Court Appearance 5-12 5.21 Time Off for Voting 5-13 5.22. Unauthorized Leave 5-13 5.23 Leave Without Pay 5-13 5.24 Closure of City Facilities 5-13 5.25 Shared Leave 5-14 SECTION 6 COMPENSATION 6 1 Pay Practice 6-1 6.2. Pay Adjustments 6-1 63 Employment Rate for New, Rehired, or Re-appointed Staff 6-1 64 Pay Upon Additional Responsibilities (Interim Pay) 6-1 65 Simultaneous Personnel Actions 6-2 66. Change in Status. 6-2 Promotion 6-2 Reclassification 6-2 Demotion 6-2 Lateral Change 6-2 Reversion While in Trial Service Period 6-2 67 Performance Appraisals 6-3 68 Performance Recognition 6-3 ITEM NO: ;;l, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 12,2004 TITLE: COUNCIL BILL NO. 05-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING PLANNED DEVELOPMENTS (CASE NO. ZOA-03-14) [gJ PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date. March 22,2004) [gJ ORDINANCES FOR 2ND READING Quasi-JudIcIal o Yes [gJ No ~ !iJ~ CI~~~ Commumty Development Director EXECUTIVE SUMMARY: ArtIcle III. of Chapter 26 pertains to the CIty'S planned development regulatIOns. ThIs sectIOn of the code recognIzes the dIfferent types of planned developments m the CIty and speCIfies the reqUIrements and processes for the rezomng/outline development plan step and the final development plan step ThIS section of the code also recognIzes the admimstratIve authority of the commumty development dIrector to approve amendments to final development plans. The eXlstmg language was adopted when Chapter 26 was repealed and reenacted in February 2001 Many of the changes proposed by staff are housekeepmg measures whIch remove redundancies and reflect other approved code changes affectmg thIS sectIOn. The changes proposed by staff will Improve the processmg of and standards for planned development district applications. Planmng CommIssion revIewed this request on September 4,2003, and recommended approval with conditIOns. Planning CommiSSIOn reviewed the proposed changes agam on February 19, 2004, where a recommendatIon of approval was gIven. BOARD/COMMISSION RECOMMENDATION: Plannmg CommiSSIOn reviewed thIS request at a publIc heanng held on September 4,2003 and made a recommendation of approval with the followmg condItions. Regardmg Section 26-311.B , there be a lImItatIOn of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the followmg words be added. "and all property owners who may be Impacted by the proposed amendment to the final development plan. The recommended condItIOns from September 4, 2003 were mcorporated mto the document, although the wordmg IS somewhat different than the origmal motIon. Planmng CommIssIon revIewed the proposed amendments agam at a publIc hearing held on February 19, 2004 where a recommendation of approval was made for the followmg reasons. 1. It alleVIates redundant language. 2. It extends the tIme lImIt for mylar submittal. 3 It addresses time limits for outlme and final development plan expIratIOn. 4 It allows more flexibIlIty for admmlstratIve approval of final development plan amendments. There were no recommended condItIons of approval. STATEMENT OF THE ISSUES: Many of the proposed changes are minor m nature elImmatmg redundancies and reflecting other approved code changes. SIgnIficant changes mclude the following: · Similar use determinations: The appeal body for similar use determmatlOns has been modIfied from the Board of Adjustment to Plannmg CommISSIOn. · Time limit for mylar recordation: The tIme lImIt for mylar recordatIon has been extended from 30 days to 60 days. · Expiration of development plans: The eXlstmg tIme lImItation for both the outlme and final development plans IS one year Staff is recommendmg that the eXpIratIOn penod for both documents be elImmated. · Application of standards: Staff IS recommendmg that If a prevIously approved outline development plan is substandard to today's development standards, that a proposed final development can be consIstent WIth the smaller standards, as represented on the approved outlme development plan. · Administrative amendments to development plans: The commumty development duector has the authonty to approve final development plan amendments admmlstratively if certam cntena are met. Staff IS recommending changes which would allow greater authority for the commumty development director for approvmg fdp amendments. Those would mclude the abilIty to reduce certain development standards, the abilIty to increase gross floor area up to 10% and the abilIty to mcrease a change of land area in an fdp up to 10%. 2 For more mformahon regardmg the proposed changes, please refer to Attachment I ALTERNATIVES CONSIDERED: Do not approve leglslahon. FINANCIAL IMPACT: The expansIOn of the community development dIrector's authorIty to approve administrahve amendments to final development plans WIll result in a slight decrease in revenue from applIcahon fees. However, thIS will be offset by a reductIon of staffhme spent on a project, as it will reduce the number ofrequired publIc hearings. The other proposed modIfications WIll have no finanCIal Impact to the cIty. RECOMMENDED MOTION: "I move to approve Council Bill. No 05-2004, Case No. ZOA-03-14, an ordmance amendmg Chapter 26 of the Wheat RIdge Code of Laws regarding planned developments, on second readmg, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No 05-2004, Case No ZOA-03-14, an ordinance amendmg Chapter 26 of the Wheat RIdge Code of Laws regardmg planned developments, on second readmg WIth the followmg findmgs. 2" Report Prepared by" MeredIth Reckert, 303-235-2848 RevIewed by: Alan WhIte Attachments: 1 February 19, 2004, Plannmg CommISSIOn report 2. Council BIll No 05-2004 zoa0314CouncilActl streading2 3 City of Wheat Ridge Planning and Development Department Memorandum TO: Planmng Commission FROM: MeredIth Reckert SUBJECT: Case No ZOA-03-14/Planned Development DIstrict RegulatIons DATE: February 10, 2004 ThIs Case IS: _ QuasI-judicial X LegIslative Proper notIce was given for thIs publIc heanng. Background Attached IS legIslatIon amendIng Chapter 26 of the Wheat fudge Code of Laws regarding planned developments. On September 4,2003, Staff dIscussed proposed amendments to the planned development dlstnct regulations WIth PlannIng CommIssion. At that meeting, a motIon was made to amend the regulatIOns as proposed by staff with the follOWIng changes' 1 Regarding Section 26-311.B., there be a lImitatIon of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of SectIon 26-311, the follOWIng words be added. "and all property owners who may be impacted by the proposed amendment to the final development plan. Attached IS staff s original memo to Planning Commission. Attached also are the minutes from the September 4 meeting as well as mInutes from the December 4, 2003, where there was intermIngled discussion regarding both the expiration of plan approvals and the issue of old development plans Inconsistent with today's development standards. Staff has had addItional tIme to dISCUSS and conSIder other changes as outlined below. Changes proposed for the CommIssion's consideration are shown In bold. Deletions are shown In strilcetl1rough. ATTACHMENT 1 Summary of Ordinance Changes/Staff Comments The followmg revisions are bemg proposed as shown on ExhibIt l' . References to "subdistrict": References to planned development "subdistricts" have been modified to "planned development district categories" (page I). . PMUD: The Planned MIxed Use Development (PMUD) dlstnct has been incorporated mto the categories of identified planned developments wlthm the city (page 1) No change from original PC review. . Lot coverage: The defimtion CitatIOn and speCific reqUirements for lot coverage have been removed from the different planned developments design standards (pages 3, 4,5,7, 8) No change from original PC review. . Landscaping, parking, fences and walls and signage: The language relatIve to these deSign standards has been reworded. These reVISIOns do not reduce the reqUirement, but recognize that there can be flexibility m applIcation based on the deSign features of a specific plarmed development distnct through the outlme and final plan approval processes. ThIS revision affects all five of the planned development distncts (pages 3, 4, 5,6,7,8,9) No change from original PC review. . Commercial use conditions in the PRD district: Mixed-use developments are more appropriately addressed through PMUD applIcations. For thiS reason, staff is recommendmg the commerCIal use conditIons be removed from the PRD zone district regulatIOns (page 3) No change from original PC review. . Residential use conditions in the peD district: Mixed-use developments are more appropnately addressed through PMUD applIcations. For thiS reason, staff is recommendmg the residential use conditions be removed from the peD zone district regulatIons (page 5). No change from original PC review. . Planned Hospital District: Independent living units have been added as an allowed use in the PHD district. (page 6) The allowed residential denSity has been corrected from 21 umts per acre (old standard) to 16 umts per acre (current standard) (page 7). No change from original PC review. . Planned Mixed Use District: The reSIdential denSity standard has been corrected by the elimmatIOn of reqUired commerCial parking from the density calculation. This reVision IS consistent with the original ordmance adopting the PMUD district (page 8). No change from original PC review. . Similar use determinations: Staff has modified the appeal body from Board of Adjustment to Planning Commission. The use determination is memorialized by a recorded affidaVit of amendment to the outlIne development plan (page 10). 2 . Removal of preliminary plats: The subdlVlsIOn process was modified last year by elImmatlon of the prelImmary plat step. This change IS consistent with that legislation (p. 10) No change from original PC review. . Neighborhood meeting: The word "referral" has been removed and the applicant is reqUIred to provide a notice of the neighborhood meetmg. It IS standard procedure that a representative of the plannmg division staff attends and prepares a synopsis of the meeting that becomes a part of the file (page II). . Outline development plan submittal requirements: Item f. (list of adjacent property owners) has been removed from the applicant's submittal requirements. Plannmg division staff researches and provides the adjacent owner lIst (page 11). . Outline development plan contents: "Typical" lot sizes has been replaced with "mmimum" lot sizes (page 13). No change from original PC review. . Planning Commission Certificate: The Planning ComnnsslOn certificate for both outlIne and final plan document certificatIOns has been reVised (pages 14 and 18) No change from original PC review. . Time limit for mylar recordation: Staff IS recommendmg that the time lImit for recordation of mylars for outlme and final development plans be extended from 30 to 60 days With the opportunity for one extension (pages 15 and 19). No change from original PC review. · Final development submittal requirements: Item d. (lIst of adjacent property owners) has been removed from the applicant's submittal requirements. Plannmg diviSIOn staff researches and prOVides the adjacent owner lIst (page 16). Item f. has been expanded to allow the discretIOnary reqUIrement for submittal of civil engmeenng plans (page 16) · Final development plan contents: The last sentence m each Items c. and d. of Section 2 have been stricken as they are redundant (page 16). · Final development plan contents: The reqUIrement for typical floor plans as part of the final development plan package has been removed (page 17). The "owner's certification" has been modified by the removal of the words "and plat" as it is a requirement in the code that these documents be separately recorded (page 18) No change from original PC review. · Expiration of final development plans: The existing one-year expiratIon period for all development plans IS located in section 26-107. Staff IS recommending that the expiration period for both outline and final development plans be elimmated. The outlme plan stage IS the zoning step and the corresponding odp document should remam m effect m perpetuity. Staff is recommending that the expiratIon of final development plans be 3 dIctated by the development schedule required on the fdp. If the tenns of the development schedule on the fdp are exceeded, an amendment WIll be required (page 20). . Application of standards: A prevIOus diSCUSSIOn with Plannmg CommissIOn at the December 4 meeting related to dealing wIth old development plans that do not meet today's standards. After more discussion at the stafflevel, we have recommended that If an old outline plan does not meet today's standards, a proposed final development plan can be conSIstent with that approval and the fonner, smaller standards (page 20) Example scenano. Generally, a property's lot coverage IS made up of a combination of buildmg, parkmg and landscaped coverages equalmg 100% of the site. An mcrease or decrease in one of these areas should result m a correspondmg mcrease or decrease in the other two categories. If a recorded outlme development plan is approved showing 10% landscaped coverage (the old standard), is it faIr that the landscaped coverage reqUIred at the tIme of final development plan approval be mcreased to 20% (the new standard)? What wIll be the correspondmg decrease? In most cases, the corresponding decrease would be in pennItted building area. What if someone has purchased a property based on a specific square footage of building area allowed as reflected on a recorded outline development plan? Ifthe zomng on a property and a recorded outlIne development plan are to remam in effect in perpetUIty, shouldn't the approved final development plan reflect the standards establIshed on the outlme plan? . Amendments to development plans (owner approval): The eXIstmg regulatIOns specIfy that all owners of real property WIthin the confines of the proposed outline development plan must approve ofthe appl1catlOn m wnting. This would also apply to outlme development plan amendments. The regulations pertammg to owner concurrence for a final development amendment are unclear. Per Plannmg CommIssion recommendatIon, thIS sectIOn was modified so that owners outSIde of the phase must concur If there are modIficatIOns to the common elements (access, dramage, utilitIes and circulation) ThIS proviSIOn is worded somewhat dIfferently than the Plannmg CommIssIon motIon (page 21) . Amendments to development plans: The Community Development DIrector has the authonty to approve final development amendments admmlstratIvely If certam cnteria are met. Reduction of development standards: Staffs original recommendatIOn discussed at the September 4 meeting was speCIfic to landscaping. Staffhas revised our recommendatIon so that administrative approval authority is applied to all development standards (landscaped coverage, setbacks, parkmg, building heIght, signage). The director could approve an amendment to reduce the development standard from the ongmal final plan approval as long as It would not reduce the development standard to an amount less than the requirement on the original outlme plan (page 22, Item 7). Example scenario. A partIcular outlme development plan deSIgnates mmimum landscaped coverage to be 20%. The final development plan has been approved WIth 4 28% landscaped coverage. The owner would like to displace some landscaping to install an addItIOnal handIcapped parkmg space. The resultant reduction oflandscapmg IS 3%, bringmg the proposed total to 25%. Under thIS provisIOn, the DIrector could approve the reduction as the landscapmg coverage still exceeds the ongmal 20% reqUITed by the outlme development plan. Example scenarIo: An outlIne development plan IS approved allowmg commercIal structures WIth mmimum pen meter side and rear setbacks of 10' A final development plan IS approved showing side setbacks of 15'. After the final desIgn drawings are completed, the archItect realIzes the structure needs to be setback 12' on one side to accommodate special HV AC equipment housed wlthm the buildmg. Under thIS provision, the Director could approve the 3' setback reduction, as the resulting setback IS still larger than the 10' mmimum side setback allowed by the approved outlme development plan. Increase in gross floor area: Staff is recommendmg that the Commumty Development DIrector be authorized to approve increases of gross floor area of no more than 10%. ThIS IS allowed m many other cItIes In the metropolItan area (Westminster, LIttleton, Arvada, Lakewood). Planmng CommISSIOn amended thIs proVIsion at theIr September 4 meetIng to allow an Increased floor area not to exceed 10,000 square feet (page 21, Item 9). Increase in land area devoted to a particular use: Another common practIce In other CItIes IS to allow admInIstratIve approval of a change of land area devoted to a partIcular use (i.e , reSIdentIal versus commerCIal) All ofthe CIties canvassed had a lImitatIOn of not more than a 10% change. (page 22, item 10) No change from original PC review. RECOMMENDED MOTION: "I move that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Wheat RIdge Code of Laws regardIng planned development, be forwarded to CIty Council with a recommendation of APPROVAL for the follOWIng reasons: I. It alleVIates redundant language. 2 It extends the tIme lImIt for mylar submIttal. 3. It addresses time limits for outlme and final development plan expiration. 4. It allows more flexibility for administrative approval of final development plan amendments" ExhibIts: L Proposed ReVIsions 2. Original memo to Planmng CommIssion dated August 29, 2003 3 MInutes of Planning CommIssion meetIng dated September 4,2003 4 Minutes of Planning Commission meeting dated December 4,2003 5 City of Wheat Ridge Chapter 26 Article III. Planned Development District Regulations Planning Commission - February 19, 2004 9-4-03 PC recommendations incorporated Sec. 26-301. Scope and application. A. There IS hereby created a Planned Development Distnct to further promote the publIc health, safety and general welfare by perrmttmg greater flexibility and innovatlon III land development based upon a comprehensive, mtegrated plan. For the purpose of ensunng .maxilll~mflexib.l..lItr ?f th~s dlst~ct,thedist~ctis..,di~i~~~.il1t~}he following sU-bdistrie-td~$i~atia~,plll,gn.~il.il~yeI9Pfu:~n.~ZQ!!~,ai~tti~t.~tggQri~, based on the pnmary land use of a proposed development plan or portlOn thereof 1 Planned Resldentlal Development--PRD. 2. Planned Commercial Development--PCD 3 Planned Industnal Development--PID. 4. Planned Hospital Development--PHD 5. Planned Mixed Use Development -PMUD. By creating the above subdist.ricts>zon~districtcategoties; the city council recognizes that these subdistricts zlloetlistrict categoties may exist singly or in combmatlon Within any approved planned development. B On and after the effectlve date of thiS chapter as set forth m sectlOn 26-1003, all applIcatlOns for pnvate rezomng under sectlon 26-112 for properties in excess of one (1) acre (for rezonlllg to residentlal or llldustnal zones), and all applicatlons for pnvate rezomng to any commercial dlstnct shall be reqmred to request rezonmg to one (1) of the lIsted planned development SJlbdi$triet&.~Qp.e'il~sttlj:;t';3t~pjiies. The procedure for review of any planned development applIcation shall be that for private rezomng at sectlon 26-112 A Planned Development District may be approved for any single use or any combmatlOn of uses, provided, that the intent and purposes OfthlS sectlOn are met, and that the general health, safety and welfare of the community are advanced through its approval. ThiS section shall apply to. Any new applicatlOn for a rezoning to a Planned Development District. 2 Any applIcatlOn for amendment to an existlllg planned development subdistQ.c{"Zoile,distfict; EXHIBIT 1 C The mtent of the Planned Development District IS to permIt the establIshment of well-desIgned, innovatIve developments which may not be permItted by a standard zone distrIct, AQi'.vQverbllt, whIch may be permItted through the use of an approved development plan by assunng greater control and specIficIty of mtended development character, use, operatIOns and mamtenance, while at the same time allowing flexibilIty and dIversIty This dlstnct recognIzes the great vanety ofland use intensities, densItIes, and environmental and land use interfaces whIch are possible. The general purposes of thIS sectIOn are as follows. To accomplIsh compatible development with adjacent commercial, reSIdentIal and/or mdustnalland uses through proper land use transItIons and buffering technIques. 2. To promote flexibility in desIgn and permit diversificafion in the locatIOn of structures. 3. To promote the efficient use ofland to facilItate a more economic arrangement of building, circulation systems, land use and utIlItIes. 4 To preserve, to the greatest extent possible, the eXlstmg landscape features and to mlmmlze Impacts on other natural features of the sIte. 5 To provide for more usable space through the comb Illation and groupmg of structures, parking, loading and storage areas. 6 To combllle and coordmate architectural styles, building forms and buIlding relationships WIthin the planned developments. 7 To mllllmlze traffic congestion on publIc streets, control street access, and to proVIde for weB-deSIgned mtenor CIrculatIOn. 8. To ensure that adequate publIc utilItIes and faCIlItIes are available wlthm the area, to serve the specific development. 9 To promote conformance WIth the adopted comprehenSIve plan, establIshed polIcies and gmdelmes for the area and for the commumty. Sec. 26-303. Planned Residential Developments (PRD) regulations. A. Area. No mmimum. B DenSIty' Maximum sIxteen (16) dwellmg Ulllts per acre. C Height: MaXImum thirty-five (35) feet. 2 p, ,Lot coverage: Maximum se'/enty fi'le (75) percent. ,(See section.261:23fp! de!fuitioR,) g,. 1>. Landscaping: In accordance,lf" the ontline development plan and as ~pec. development plan. , , 'ed'" ' J,1y E:.E. ParkiIig: In accordance withS~ction'26-"501,p(AerWise'asesta ~:. ,,:-'-- _,'".' ", '" :: ",,, : ,'.,_..,-'0"'. "~on:::: ,,!;':,-,' ;,,:, _ ,':>:;::,-:~:'>- Cn:;:,:i__'__'_:,::_.:,';:"-",:,,: -;;:,'::,,"_'-,:-:-:::i:: :.::,:;'::,';'::":':'. ' , outline. <ievelopment plan andassp~ci&callYide,tailed:9n~p '~ppfOY development plan. Based uMn specific USl;lS. (See 5ect101),'26 50t.) Fences and walls: In accordanceiwith?Sectioil2~'603,()therwi~eas ,.the outline dl;}yel()pm,~nt ia' ", i '.' , " " ~pan 'al develop~eu:tP1llA~ ' G- F. F.b- , G. Signage: In accordance with .arti outli~e deyelopmentplan and as dey~loPtnent plan. ' , , otherwise f<JIlow requirements of article VII. 1. Commercial use conditions: 1. Commercial ,15es shallee aile-wed only 'filicre specifically appro'/ea :ia a final de'/elopment plan. 2. Commercial uses, including allasso'ciated lan(1, used forbuildipg ~acc, parking and landscaping, shall not excQodfvionty fiye (25) :pei:c~tofthe gross arca included within a partica-IatPlannell Resideiltial Pe'lC:llopmont District. ete; iHH. The reqUirements of thIs section shall not apply to Impose a density reqUirement ofless than twenty-one (21) units per acre, with respect to the reconstruction of residentIal dwelling III the PRD dIstrict, where such structures and theIr reconstruction meet all of the following requirements. 1. The structure was legally III existence on September 8, 1997; 3 2 The structure IS located upon a lot whIch does not meet the then-applicable mllllmum lot area and/or minimum land area per umt requirements for such proposed reconstruction; and 3 Such reconstructIOn IS restncted to replacement ofthe structure which has been destroyed. This exemption shall not apply to. 1. New constructIOn where no replacement of a preexlstlllg structure takes place; or 2. ReconstructIOn of structures whIch were not legally in existence (as dIstinguIshed from legal nonconforming structures). K-:- I. All planned reSIdentIal developments shall meet the reSIdentIal sIte design standards of artIcle V unl~$~specificaUy vaded:Ob:~het(ibtline~nd,rl,l1atiIe've19Pl1teJlt piau. Ii- ,J. A planned reSIdentIal development shall be reqUIred for any mobile home park and must meet the standards for mobile home park deSIgn III sectIOn 26-506 Sec. 26-304. Planned Commercial Developments (PC D) regulations. A. Area: No mlmmum. Height: Commercial structures spall not C. Lot eeveragc: MaxiIl1tlm eighty (80) percent. (See scctia'll 26 123'fordefinition.) ** c. La,udscapll1g: In3l,iCordancewi the outlint,~eY:eIoPil1e~!J>l~a~ development plan.' '. .....'... . 4 Go F. stgo,,,,ge: In acc.ordance ':Vit~ arp:cJ~ ..',,' .!h~tlYis,~~~ outline d~v:el!)pment .planantr1l.s'specifiCi! .1,I~tailed ~Ii it(. .:app developmentplan. As specIfically detaIled on and approved on final de'lelopment plan, otherwlSe follow reqmremcnts of article VII. I+. Resideatialllse conditions: 1. Residoutiala:;es shal!.not exceed thiJ:ty five (3.5) Jeetin height. 1.<1. A Planned CommercIal DIstrict shall be llsed to estabhsh any proposed recreatlonal vehIcle park. Sec. 26-305. Planned Industrial Development (PID) regulations. A. Area: Each Planned Industnal Development DIstnct shall be mIillmum of one (1) acre. B HeIght: MaxImum fifty (50) feet. G. Lot coverage: Maximlifa eighty (80) percent. (Seescetion 26123 for.. definition.) B. E: p, Parkio,g:,.n accorda~ce withS~~tion.~ olltJ.in'e!l~velopmentpIan'~nd as~pecificalIy" develoPlJIen't'pIan. ' .' 5 F. E. fences and walls: by~e deV lhG. All planned mdustnal developments shall meet the industnal performance standards set forth in section 26-505 Sec. 26-306. Planned Hospital District (PHD) regulations. A. Allowable uses. The followmg uses hereinafter lIsted shall be permitted only as specifically designated on the approved final development plan: PublIc and private general hospital. 2. Hospitals or samtanums for contagious diseases, or the mentally disturbed or handicapped. 3. 1I1di':pe.n4i.w.t;JiYiDgUnits'~()m~$;f!6Pl~ for the aged, nursing homes, congregate care homes, hospices or similar reSidential faCIlIties which are accessory to a hospital or samtanum pnncipal use. 4 Accessory uses and structures customanly associated With the permitted uses as shown on the approved final development plan. B Area. Each Planned Hospital Dlstnct shall be a mlmmum of five (5) acres, except as proVided below C. Lot width. Two hundred (200) feet mimmum. D Setback requirements: Front: Fifty (50) feet mimmum. 2 Side' Twenty-five (25) feet mmimum plus ten (10) feet for each story The mtent is to provide a mmimum twenty-five-foot landscape buffer adjacent to residential zoned property. 6 3 Rear: Twenty-five (25) feet mInImUm, plus ten (10) feet for each story. The mtent IS to provide a mmimum twenty-five-foot landscape buffer adjacent to resIdentIal zoned property E. HeIght: 1. HospItal buildmgs Fifty (50) feet maximum, except as follows. a. SIxty-five (65) feet where the lot on which the bUIldmg is to be constructed is at least fifty (50) acres m SIze. b AdditIons attached to eXIstmg hospItals may be bUIlt to a heIght not to exceed the height of the eXIsting buildmg. 2 Offices. Fifty (50) feet maXImum. 3. ResidentIal: ThIrty-five (35) feet maximum. 4 Accessory: ThIrty-five (35) feet maXImum. F. Lot eavorage. Seventy five (75) pereerirmaidm~ aVcrliU.sito e0-Y~ttgo. G. F. Residential.d~nsity. No resi4entia1 d~vel ho~es, nursing homes or;inteTJllediateilUrSiil tweaty one (21) dwelling units per acre. are H. G. Landscapmg: 1 Mimmum twenty-five (25) percent overall SIte reqUIrement. 2. Twenty-five-foot landscape buffer required along property lInes adjacent to reSIdentIal zoned property 3 Unless otherwise specIfically provided for on the approved plan, all landscaping shall meet the reqUIrements set forth m section 26-502. 1. H;' outlillen developmen e(fJjytlie J,. :I. Fences and bY~e develo ...'\.:..:.::::.:.;;::.::.,..... 7 G- .J. Signage:!n aecordancecwith otJtline develoPP1e~t,plaR d,as' development plan. e. . Sec. 26-306.5. Planned Mixed Use District. A. ApphcabIllty. ThIS zone dIstrict shall be used only m the mixed use areas shown on the Streetscape Classification Map m the Streetscape and ArchItectural DeSIgn Manual adopted January 11, 2002, as amended. B Purpose. This dlstnct IS establIshed to provide a zoning classification to allow the integratIOn of residentIal and commercial uses and development which is consistent with the surroundmg neighborhoods and which meets the intent ofthe comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residentIal development (PRD) dlstnct nor to circumvent other specific standards of the planned residentIal and planned commercial dlstncts. Instead, It is mtended to create a zone distnct which will allow flexibility m use, deSign, and onentatton while maximizing space, commumty mterest and protecting nearby and adjacent resldenttal neighborhoods. C Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outlme development plan. D Area. No mlmmum. E. Height. MaXImum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures contammg commercIal and resldenttal uses, thIrty-five (35) feet for freestandmg residential structures. F. Lot coverage. No maximum. G. F. DenSity MaXimum of sixteen (16) umts per acre Land used for commercial uses, includmgexcl1l(\ing parkmg, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercIal and resIdentIal uses are mixed in the same buildmg, the land attributable to the commercIal use shall be considered to be one-half (112) of the bUIlding footpnnt. If the commercIal and residenttal uses are III separate buildmgs, the land attributable to the commercial use shall be conSidered to be the entIre commercial bUIldmg footprint. ~ G. .Laq~se<W~ the outline.dev~lQ . developmeJitplan~ 26 502. 8 h H. Parking. lo,accordance;with S~ti~}l~~5QJ,:othJlnvis~;~re outline deve.opmentplan aJidas sp' developmentplan. ~ Allowances may be made for shared parking spaces If It can be demonstrated to the satisfaction of the person or approval body designated as having final approval authonty that parkmg demand for different uses occurs at different times. Fences andwalls.:1~'a'~c()rdanc~ ~ J, Sisn,,,ge. IV. ac~ordl\nc out}jiI~td' .. . . dv-el6 " e, ,pn Sec. 26-307. Similar uses in planned developments. A. DefimtIon. A Similar use IS a use which would be similar m Size, type of operatIon, services provided or eqUipment used, number of employees, and hours of operatIon and which would: Be compatible m character and Impact With permitted uses in the planned development, 2. Be consistent With the intent of the planned development, 3 Not be objectionable to nearby property by reason of odor, dust, fumes, gas, nOise, radiation, heat, glare, vibratIOn, traffic generatIon, parkmg needs, outdoor storage or use, and 4. Not be hazardous to the health and safety of sUIToundmg areas through danger of fire or explosion. B Similar use determmatIon process. Any use which IS not specifically listed as a permitted use in a planned development distnct IS allowed only under the following procedure' 1 The ftl~mgand)c6iijiijP:l1ity development director shall notify adjacent property owners by letter notIce and postmg of the site for ten (10) days that a Similar use IS requested for the property The notice and postmg shall contain a descriptIon of the proposed Similar use and a copy of Ordinance 1200, senes 2000. 9 2. Ifno wntten objectIOn to the proposed similar use is received and the planmng and development dlfector finds that the proposed sImilar use meets the defi~itIonof sllllIlar"u,s,e, co~talned Inse~tlon (a) above, the plqnni~g!ll);qq~7....~qPment~9mm'q..ity:deyel~p~~..t director IS authonzed to approve the similar use. 3 If a wntten objectIon is receIved or If the planning and development commq,nity develO.Pmellt director finds that the defimtlOn of sImilar use does not apply, the planning aM,&y~clQpmet;l\ttoJnm'.meqt director shall forward the detenmnatlOn request to the ' planning coiriniission at a public hearing. NotIce of SaId heanng shall be as provided In sectIOn 26-109 C RecordatIOn. If approved, the SImilar use shall be recorded amendment to the outlinM;l~YelOplJiei!t;p.!l:iJ." ".. ','. , manner oo,fue originalfinnldevcloprnont plan ;>>00 rco6r-d~d. Sec. 26-308. Application for planned developments. All appl1catIons for approval of a planned development, redevelopment, alteration or additIOn shall be filed WIth the 4ep~l,Qf;,'f.l1~;aM;4\.'l;:~P1t\~t~.P1l'ijynity (ievdQPtnen!:departmeut pnor to Issuance of a buildmg permit. In some mstances, plattmg IS reqUIred and the plat can be processed concurrently WIth the planned development request. ArtIcle IV of thIS chapter should be consulted for subdlVlslOn requirements and procedures. A. Development plans. There are two (2) distinct steps l1l establIshmg a planned development: an outlme development plan and a final development plan. The outll1le development plan may be submitted for consideration by Itself or it may be combl1led WIth a final development plan. When the outll1le development plan IS combined WIth final plans, two (2) separate drawl1lgs are reqUIred. All mformatIonal reqUIrements of the respectIve plans shall be met. B SubdivlSlonlplattmg. SubdIVISIOn or plat revIew may be carned out sImultaneously WIth the revIew of development plans. All reqUIrements of the subdiVIsion regulations for a Pre!imiJ;1\l;1]'l@d final plat, if applicable, must be satisfied If there are any parcel diVISIOns created, or if there are any dedIcatIOns for streets, easements or other publIc purposes, or if a previously approved subdiVIsion IS amended In any way by the proposed development. In cases where subdIVISIOn is to occur sImultaneous WIth development plan reVIew, the applIcant shall submIt separate sheet(s) in addition to the subject development plan. C. Outlme development plan. An applicant shall submIt an outline development plan for approval of a change of zone to a Planned Development Dlstnct. The outline 10 development plan IS the zoning and general concept step. It provides generalIzed graphic and wntten informatlon on layout, uses and mtended character of the development. 1 Submittal reqmrements. a. Appropnate fee. b c. Complete and notanzed applIcatIOn. d. Proof of ownership, such as copies of deeds or tltle commitment. e. Power of attorney from owner(s) where an agent acts on behalf of the owner(s). g.{. Names, addresses, telephone numbers of architects, surveyors, and engmeers associated with the preparatIOn of the plans. h; g. Addltlonal mformatIOn may be required, mcludmg, but not lImited to, dramage study and plan, gradmg plan, geological stabilIty report, traffic Impact report, floodplam Impact report, or general environmental Impact report. 2 Form and content ofthe outlme development plan. The maps which are a part of the outlme development plan shall be made at a scale of not less than one (I) mch equals one hundred (100) feet. The size of the sheet shall be twenty-four (24) mches by thirtY-SIx (36) mches. The drawmgs may be m general schematic form and shall contam the following mlmmum mformatIOn. a. Ownership/umfied control statement. A lIst of all eXlstmg owners of real property mcluded within the proposed Planned Development District, and a written statement which describes antiCipated future ownership character (i.e. smgle ownership, partnership, condommlUm, etc.), and which mdicates proposed manner ofmamtaining unified control throughout the planmng, development, use, operatlon and contmued mamtenance of the planned development. b. Character of development. A written description of the general character of the development and ofthe objectives to be achieved II by the particular development concept being proposed. This statement shall mclude, but not be limIted to, the manner m whIch the proposed development meets or exceeds the intent of the Planned Development DIstnct as stipulated m sectIon 26-30lC; the proposed architectural and site desIgn concepts, building matenals (type, textures and colors), specIfic concepts by whIch the proposed development will make an orderly transitIOn from eXIstmg adjacent development, and specific concepts for the use and landscaping of all public and pnvate open spaces. It is the mtent of this requirement that the applIcant proVIde a clear, concise statement for the reVIewing authorities to better understand the proposed development concept and upon WhICh theIr deCIsion regardmg the proposal can be based. c. The eXIstmg topographic character ofthe land at a contour interval of two (2) feet If the slope is less than ten (10) percent and five (5) feet If the slope is greater than ten (10) percent. d. General Indication of areas to be landscaped. e. Property boundaries as per accompanying legal description. f. EXIsting and proposed lot lInes, easements and nghts-of-way on and adjacent to the SIte. g. Adjacent zomng, land use, streets, streams, etc. h. Location of all existIng streets, alleys, easements, dramage areas, ImgatIon dItches and laterals withIn and adjacent to the SIte. 1. LocatIon of all proposed streets, alleys, easements, draInage areas, parks, and other areas to be reserved or dedIcated to publIc use. J ApprOXimate locatIOn and extent of maJor use areas. k. Any sIgmficant vegetation or land use features withm or adjacent to the SIte whIch may influence development. L When located WithIn a regulated 100-year floodplain, designatIOn of areas subject to a 100-year flood shall be proVIded. Both the floodwayand flood fnnge areas shall be shown. Development wIthm 100-year floodplams, mcludIng fill or excavatIon, IS regulated by artIcle VIII. m. Scale (no less than one (1) mch equals one hundred (100) feet) and north arrow. 12 n. Small-scale location map as an mset whIch shows the subject property centered wlthm a quarter-mile radIUs. o Proposed name of the planned development. p A general mdlcatIon ofthe expected utIlIzation of the land and a lIst of uses to be permItted in the development. q Legal descnptlOn (metes and bounds) of total site, mcludmg area. r Project data for the entire sIte and mcluding, by phase, buildmg area and percent, paved area and percent, landscape area and percent, number of lots, t}'ip~~g!:;!iliglmJl:ro lot sizes and dimenSIOns, net density, gross denSIty, etc s. Development tIme schedule by phase. t. ReqUIred certIficatIOns. 3 The outlme development plan shall be recorded with the Jefferson County Clerk and Recorder and, therefore, must meet theIr reqUIrements for recordatIon. 4 The followmg certIficatIons, m addItIOn to the reqUIred surveyor's certIficate, shall also be placed upon the outlme development plan. OWNER'S CERTIFICATION The belOW-SIgned owner(s), or legally deSIgnated agent(s) thereof, do hereby agree that the property legally described hereon WIll be developed as a planned development in accordance With the uses, restnctlons and condItions contamed m thIS plan, and as may otherwIse be reqUIred by law I (we) further recognize that the approval of rezomng to Planned Development, and approval of this outlme development plan, does not create a vested property nght. Vested property rights may only anse and accrue pursuant to the proviSIOns of sectIOn 26-121 of the Wheat Ridge Code of Laws. SIgnature of Owner(s) or Agent(s) NOTARY PUBLIC Subscribed and sworn to before me thIS day of '- Witness my hand and offiCIal seal 13 My commISSIOn expIres NOTARY SEAL PLANNING COMMISSION CERTIFICATION Re"~Iitmellde4 for ~PPl:~v:IlI./~rjl?ro;1cea !lil~' de ~ Myof ' by the Wbeat Ridge Planning Coi11t1'li.ssion. GhairpersottOlai:t:man PL'\NNING f.ND DEVELOPMEN1:'iOOMJ\IDNllfYnEVEL0PMENT DIRECTOR CITY COUNCIL CERTIFICATION Approved this CouncIl. day of , by the Wheat Ridge City ATTEST CIty Clerk Mayor CITY SEAL COUNTY CLERK AND RECORDER'S CERTIFICATE ThIS document accepted for filmg in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado, on the day of AD, m Book , Page , Reception No. JEFFERSON COUNTY CLERK AND RECORDER By" 14 Deputy 5 Review procedures: a. Staff revlew'lJPon filmgofanapph~atIon~n~ other ~~qll1re~ documents, pla:mring.and..de.'I~lbPIt1:t3~.'.~oDlDluqity~~y~Igllp,lent staff will refer copies of the plans to affected departments and agencies for review All comments shall be forwarded to the applIcant so that necessary revIsions may be made by the applicant pnor to schedulmg the applIcatIon before planmng commission. b Plannmg commiSSIOn heanng. The plannmg commiSSIOn shall hold a public heanng pursuant to the publIc notice reqUIrements of section 26-109. The planning commiSSIOn shall recommend approval, approval with modificatIOns or demal of the outlme development plan, statmg the reasons for ItS recommendation. The recommendation shall be forwarded to city council. c. CIty councIl heanng. The city council shall hold a publIc heanng pursuant to publIc notIce as reqUIred by sectIOn 26-109 The city council shall approve, approve With modificatIons or deny the applicatIon. 6. 1\;11 appro~edoutline;4ey~16Pnlentpllfus shil11 \1fft~Q(ded with the nCounty Clerkan9' , " . " ciated recording fees shalloe submitted to ' community development departm~t withirrthirty (30) council!s final action. Should a recorqable appmved outlmel1,t plan not be provided to staffwithin.t1llrty (30) sixty (60) daysof:council's tinalaction, sta schedul e~g before yitycoJ;tqcil and city coUncil '. sider its , A:oli~-tim~ t~rty.4ay exte,nSiQll{or ubmittal'Q1liybe t~q, ed fromt~eCODlmJ.mity Development " r. Ther , ,ted'm' " prior.to expiratioqoNhe 60-d~ytim owing evidencef.good cause for not'meetingthe deadline. D Final development plan. The final development plan proVides the final engmeenng and site design details for final approval of one (1) or more phases of a proposed development. 1. Submittal reqUIrements. a. Complete and notarized applIcatIOn. b Proof of ownership, such as copies of deeds or title commitment. 15 c Power of attorney from owner(s) where an agent acts on behalf of the owner(s). e..d~ Names, addresses and telephone numbers of archItects and engineers associated wIth preparatIon of the plans and plat. fie. Copies of proposed agreements, proviSIOns, covenants, condomimum declaratIons, etc., whIch govern the use, mallltenance and contlllued protectIOn of the planned development and any of its common areas and facilIties, and whIch WIll guarantee unified control. g,-f. AddItIonal Information may be required, Including, but not lImIted to, geologIcal stability report, traffic impact report, civil ttllgineel'!l1gpJltll~; floodplain impact report or general environmental Impact report. 2. Form and content of the final development plan. The final development plan shall be consIstent WIth the approved pre~+ijil.tIine d~yelQPmellt plan. The final development plan shall be drawn at a scale of no less than one (1) Inch to one hundred (100) feet and contaIn the folloWIng: a. Legal descnptlOn of the entIre planned development, and if the final development plan is for only a portIon of the SIte, a legal descnptlon of that portion of the sIte Included wlthlll the final development plan. b Location, extent, type and surfacing matenals or all proposed walks, malls, paved areas, turfing and other areas not be covered by bmldlllgs or structures. c. d. A landscape plan whIch provides locatIOn, type, sIze and quantItIes of all eXIsting (to remaIn) and proposed plant material and other landscape features and materials. Common and botanical names of all plant matenals shall be IndICated. LocatIon and type of Imgation system shall be llldlcated. ,~ 16 e. Location, extent, types of materials and height of all walls and fences. f. Extenor lIghting devices; type, height, locatIon and onentatlOn. g. LocatIOn, extent, maximum height, number of floors and total floor area of all buildmgs and structures. h. Total number of dwellmg umts. and~t)'PiCar floor'J'llatlsCfol: residential projects. 1. ElevatIons and perspectIve drawmgs of all proposed structures and Improvements, mdlcatmg architectural style and building matenals. The drawings need not be the result of final architectural deSign but of sufficient detail to permit evaluation of the proposed structures. J Off-street parkmg and loading plan which mdlcates the Size, locatIOn and number ofparkmg and loadmg spaces and whIch shows the proposed circulatIon of vehicles and pedestrians Within the planned development and to and from eXisting or proposed public thoroughfares. Any special engineenng features and traffic regulatIOn deVices needed to facilitate and ensure the safety ofthis circulatIOn pattern, includmg fire lanes, must be shown. k. IndicatIOn of all proposed uses for all buildings, structures and open areas. OutSIde storage and display areas must be mdlcated If proposed. DescriptIOn of any proposed temporary or intenm uses of land or eXlstmg buildmgs prior to development in accordance With the approved final development plan, 1. A development schedule mdlcating the approximate date on which constructIon of the project can be expected to begm and approximate dates when constructIOn will be completed. If a multIphased project, indicate times for each phase m. The final development plan (and plat) shall be recorded WIth the Jefferson County Clerk and Recorder and, therefore, must meet their reqUIrements for recordatIOn. 3. The following certIficatIOns, and approvals, in additIon to the reqUIred surveyor's certificate, shall also be placed upon the final development plan (and plat) 17 OWNER'S CERTIFICATION The below-sIgned owner(s), or legally designated agent(s) thereof, do hereby agree that the property legally described hereon will be developed as a planned development in accordance wIth the uses, restnctions and conditions contained in this plan, and as may otherwIse be reqmred by law. I (we) further recognize that the approval of final development plan (EltKtPli:\.t) does not create a vested property nght. Vested property nghts may only anse and accrue pursuant to the provisions of sectIon 26-121 of article I of the Wheat RIdge Code of Laws. SIgnature ofOwner(s) or Agent(s) NOTARY PUBLIC Subscribed and sworn to before me this day of Witness my hand and official seal. My commission expires NOTARY SEAL PLANNING COMMISSION CERTIFICATION Recommended for approval }\pproved this by the Wheat Ridge Planning Commission. day of Chairperson Chairman PLANNIHG }~ND DEVELOPMENT COMMUNITY DEVELOPMENt DIRECTOR CITY COUNCIL CERTIFICATION Approved thIS CounCIl. day of , by the Wheat Ridge City ATTEST. City Clerk Mayor 18 CITY SEAL COUNTY CLERK AND RECORDER'S CERTIFICATE This document accepted for filmg in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado, on the day of AD, III Book , Page , Reception No JEFFERSON COUNTY CLERK AND RECORDER By' Deputy 4 ReView procedures' a. Staff review Upon filmg of an applIcation and other reqUIred documents, the pI~g~'ag~'tlJ~'let~~Qnt;~9ijliijitiitij <l~!~Ic:!I!W~gt staff will refer copies of the plans to affected departments and agencies for review. All comments shall be forwarded to the applicant so that necessary revisions may be made by the applicant pnor to schedulmg the applIcation before the planning commissIOn. b Planmng commission heanng. Planning commissIOn shall hold a publIc hearmg pursuant to the reqmrements of section 26-109. The planning commiSSIOn shall recommend to city council approval, approval with modifications, or denial stating the reasons for actIOn. c. City council heanng. Upon receipt of the planning commiSSion's recommendatIOn, city council shall hold a publIc heanng pursuant to the reqUIrements of section 26-109. City council shall approve, approve with modifications or deny the applIcation. d. 19 shall reconsider itsprevio extensiouJor :m,ylat:;s' COJl\iQ1;l ;' ~ve submitted in :. limitshomng good ~ 5. Expiration of.fmal d~v.elopme1it p~an;appr9vals; :reapplications. a. (Jonstructi9n shall development scnedul development}llan. pordanc~.with.the iherecord,ed -fQial b. Extension ,olth~dev fbull :deVt\IOlmienfc developnHlnt plan. l!t schedule specified on a rel;orded {require amendment to tliefimH c. A new,application forsu~fta.ntially the same development appUcation may nofbercI(iledforone{l)"year after denial. Sec. 26-309. J:BteFflret~tiaB Application of stahdards. A. DetaIled specIfications and standards which should have been set forth on an approved outlilieand final development plan, but whIch were found subsequent to approval to have been omItted, may be mterpreted by the c9:m,iQijnif;YdeVelopiQenf dIrector of planning and dc',elopmcnt to be those specificatIons and standards set forth in the zone dIstrict m whIch the approved uses contamed wlthm the final development plan would be permItted. - B The supplementary regulations of artIcle VI apply to uses and actIvItIes wlthm planned development dIstriCts, unless otherwise proVIded in the approved final development plan. C. If the oqtlli,teand final development plan does not address a partIcular development standard, the standard of the zone dIstrict whIch most closely matches the planned development as determmed by the pl~iffg~c{;tl6cT;cl0fl~l:U;.c()gIiQUnjf;Y deYelQpiQent director shaH be used. D The owner of any property who or whIch feels aggrIeved by such determmatlOn may appeal the determination pursuant to the provIsIOns of section 26-115 E. Ifth pl;mdo . . consistent' 20 F. To ~aryfrOJ;ntbe'miilin:Olln de elop outllne:development'plan;'llit. aqlendjl .~h~d 9.J.J:areco.rded ::Plan:is" requIred. G. To varyJromthe s'an,f,l~t,p~~l.ftt;~.rtI! ;~I! ~;te(:qt4~4;f;.nal d,evel\)Ilmcpt plan, an al11ennedfirlal develOpmentJPlaniisr~qliifed. Sec. 26-310. Binding upon successors and assigns. All approved development plans shall be bmding upon the owner(s), their successors and assigns, and shall limit the development to all conditions and limitations established in such plans, and as may be contained in separately recorded agreements, covenants, condomimum declaratIOns, etc., which were approved by city council as part of a planned development approval. Sec. 26-311. Amendments to development plans. A. The procedures ai1drequittrientsforllIp.enjiiI)gan~p " (pr~Ii:n:rintllYo..t1i~"e;or f'ipiI) sMlhhe! ' as provided for UIlder~!ibs~ . . outUne dev:elopmeni Jllajr~ rqy contained Withih the area originally approve.d; specific altemative..provision~have be~ti " control agreement. All aJ:iplic;t,ti~ns j be approved in writing,~'yatl owners contained within the parcel or :phase amendment is being reqttesteq.If.the " ", .' access, drainage, utilities and/or circulation, affectedptopeity'owp.ers mustconsent'to the application for amendment in writing. B Based upon showmg of necessity therefore, mmor changes m the locatIOns of structures and their accessory uses, fences, parking areas, landscapmg and other site Improvements may be permitted as an "administrative amendment" by the cOinn:iUtlity devt)iopment directorefplannil'!;glH1ddC5VcIOflm~ht, If such changes will not cause any of the followmg circumstances to occur' Change m the character of the development. 2. Increase m the mtensity (or density) of use. 3 Increase of the problems of circulation, safety and utilities. 4 Increase of the external effects on the adjacent properties. 5 Increase m maximum building height. 21 6 Reduction m the ongmally approved setbacks from penmeter property lmes. 7. 8.. or relocatIOn Q.~Jd(l3tio.h of landscape areas whIch are required as buffer yards or establish project character 9. Increase III the gross floor area of structures of;ov~40% beyond the authorized maximum allowed with the approved planned development, butn6lto exceed an ificreasebf 1 O',OQOsquare.f~et to. Changeoftheland areadevQtedtQany approvedusebymore,than 10%. C Any changes or reVIsions of a final development plan whIch are approved, either admIlllstratIvely or by city counCIl actIOn, must be recorded WIth the Jefferson County Recorder as amendments to the origmal recorded development plansqbje~IJ9:~tlf~ deJldlinep1'9"i$Io.fi~"Qf.S~ctio.!1Z(J;'3!J~.l.);4;d, Sec. 26-312. Interim use. Subsequent to rezomng to a Planned Development Dlstnct and approval of a final development plan, but pnor to development and use of a parcel III accordance with the approved plan, the property may contIllue to be used for any lawful purpose for whIch It was used at the tIme of ptelitni@Y'olltliliedevelQPjj(eIit plan approval, proVIded, however, that no new permanent structures or addItIOns to eXIsting structures will be permItted. 22 City of Wheat Ridge Community Development Department Memorandum TO: FROM: SUBJECT: DATE: Planning CommissIOn Meredith Reckert Case No. ZOA-03-14/Planned Development District Regulations August 29, 2003 Attached for the Planning CommIssIOn's consideration are staffs proposed changes to ArtIcle III of the Zomng and Development Code. The eXIsting planned development regulatlOns were Incorporated Into Chapter 26 when It was rewritten In 2001 For companson purposes, both the existing sectIOn of the code wIth proposed changes (ExhibIt I) and the proposed revisIOns In ordmance form (Exhibit 2) have been mc1uded. Only the affected sectIOns of the regulatIOns have been mcluded m the ordmance The format of both documents uses strike throughs for deleted language and bolding for additIOns. All changes have been designated wIth shadoWiD.~ The following revisions are being proposed as shown on Exhibit I . PMUD: The Planned MIxed Use Development (PMUD) dIstrict has been mcorporated mto the categones of Identified planned developments wlthm the CIty (page 1). . Lot coverage: The defimtlOn citatIOn and specific reqUIrements for lot coverage have been removed from the different planned developments deSIgn standards (pages 2, 4,5, 7, 8) . Landscaping, parking, fences and walls and signage: The language relatIve to these deSIgn standards has been reworded. These revisions do not reduce the reqUIrement, but recogruze that there can be flexiblhty In apphcation based on the deSIgn features of a specific planned development district through the outlme and final plan approval processes. TIllS revIsIon affects all five of the planned development dlstncts (pages 2, 3, 4, 5, 6, 7, 8, 9) . Commercial use conditions in the PRD district: MIxed use developments are more appropriately addressed through PMUD apphcations. For this reason, staff IS recommending the commercial use condItions be removed from the PRD zone district regulations (page 3). . Residential use conditions in the peD district: MIxed use developments are more appropnately addressed through PMUD applicatIOns. For this reason, staff IS recommendmg the residential use condItIOns be removed from the PCD zone dIstrict regulatIOns (page 5). . Planned Hospital District: Independent hving units have been added as an allowed use in the PHD district. (page 6) The allowed residential denSIty has been corrected from 2 I units per acre (old standard) to 16 units per acre (current standard). (page 7) EXHIBIT 2 · Planned Mixed Use District: The resIdential densIty standard has been corrected by the ehmmation of required commercial parkmg from the denslty calculation. ThIs reVISIOn is consIstent wlth the ongmal ordmance adoptmg the PMUD dlstnct (page 8) · Removal of preliminary plats: The subdIvIsIon process was modliied last year by ehmmation of the prehmmary plat step. ThIS change IS consIstent wIth that legIslatIOn (p 10) · Neighborhood meeting: The word "referral" has been removed (page 11). · Outline denlopment plan contents: "TypIcal" lot sIzes has been replaced wIth "mlmmum" lot sIzes (page 13) · Planning Commission Certificate: The Plannmg CommIssion certIficate for both outlme and final plan document cert]ficatlOns has been revIsed (pages 14 and l8) · Time limit for mylar recordation: Staff]s recommendmg that the time hm]t for recordatIOn of mylars for outlme and final development plans be extended from 30 to 60 days wIth the opportunity for one extensIOn (pages l5 and 19) . Final development plan contents: The requirement for typIcal floor plans as part of the final development plan package has been removed (page 17). The "owner's certIficatIOn" has been modified by the removal of the words "and plat" as it IS a reqUIrement in the code that these documents be separately recorded . Expiration of final development plans: A proVISIon for expIratIOn of final development plans has been mcorporated into the planned development regulatIOns. The eXlstmg proviSIon is currently located In sectIOn 26- I 07 and provides a one-year expiratIOn period. Staffis recommending the expIration period be extended to three years. . Amendments to denlopment plans (owner approval): The eXIsting regulatJOns specIfy that all owners of real property wlthin the confines of the proposed outlme development plan must approve of the applicatlOn In wnting. thiS apphes to both outlIne plan approvals and outlIne plan amendments. The regulatJOns pertaIning to owner concurrence for a [mal development amendment are unclear. Staff recommends that agreement be required by only owners wlthm the parcel or phase where the amendment wIll occur. . Amendments to development plans: The Community Development Drrector has the authority to approve final development amendments administratively if certaIn criteria are met. Reduction of landscaping: Staff is recommending that the admimstrative approval authority be applied to landscaped coverage in very limited Situations. The dITector could approved an amendment to reduce the amount oflandscaping from the original final plan approval as long as It would not reduce the landscaped area to an amount less than the requlTement on the origmal outhne plan. 2 Example scenano. A particular outline development plan designates minimum landscaped coverage to be 20%. The final development plan has been approved with 28% landscaped coverage. The owner would like to displace some landscaping to install an additIOnal handIcapped parkmg space The resultant reductIOn of landscaping IS 3%, bnngmg the proposed total to 25%. Under thIS provision, the Director could approve the reduction as the landscapmg coverage still exceeds the anginal 20% required by the outhne development plan. (page 21, item 7). Increase in gross floor area: Staff is recommendmg that the Commumty Development Director be authorized to approve mcreases of gross floor area of no more than 10%. This IS allowed ill many other cities in the metropolitan area (Westmmster, LIttleton, Arvada, Lakewood). (page 21, Item 9) Increase in land area devoted to a particular use: Another common practice In other CIties is to allow administrative approval of a change ofland area devoted to a particular use (Ie, residential versus commercial) All of the citJes canvassed had a limitatIOn of not more than a 10% change. (page 21, Item 10) RECOMMENDED MOTION: "I move that Case No ZOA-03-14, proposed amendments to Chapter 26 of the Zomng and Development Code regardmg planned development dlstnct regulatIOns, be forwarded to City CouncIl With a recommendatIOn of APPROVAL for the fonowmg reasons I It alleViates redundant language. 2 It extends the lime IImlt for mylar submittal 3 It extends the tJme hmlt for final development plan expiration. 4 It allows more flexibihty for approval of admmlstrative final development plan amendments." 3 7. PUBLIC HEARINGS A. Case No. Wz.-02-13 (continued from Aue.ust 21, 2003): An application filed by Melody Homes, Inc. for approval of a Planned Residential Development final development plan for property located at 10285 Ridge Road. B. Case No. WS-02-01 (continued from Aue.ust 21, 2003): An apphcation filed by Melody Homes, Inc. for approval of a 38-10t subdivision plat for property located at 10285 Ridge Road. A request was made for continuance of the Final Development Plan and Final Plat to the next Planning Commission meetmg. Staffrecommended approval of this request. It was moved by Commissioner STITES and seconded by Commissioner McMILLIN that Case No. Wz.-02-13, a request for approval of a final development plan, and Case No. WS-02-01, a request for approval of a 38-lot major subdivision plat, for property located at 10285 Ridge Road, be continued to September 18,2003_ The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. C. Case No_ ZOA-03-13: An ordinance amending SectIOn 26-110 of the Wheat RJdge Code of Laws concerning cost recovery for constructIOn of certam publ1c improvements. This case was presented by MeredIth Reckert. She reviewed the staff report which contamed an ordinance prepared by the cIty attorney's office regarding future cost recovery for reqUlred Improvements. It would allow developers who mstall public street and drainage Improvements to be reImbursed from a subsequent developer who benefits from the original constructIOn of these publ1c Improvements. Staff recommended approval of the ordmance. It was moved by Commissioner WEISZ and seconded by Commissioner WITT that Case No. ZOA-03-13, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding cost recovery for tbe installation of public improvements, be forwarded to City Council witb a recommendation of approval for tbe following reason: 1. It will allow denlopers to be reimbursed for construction of impro\'ements tbat benefit otbers. The motion passed 6-0 witb Commissioners DAVIS and PLUMMER absent. D. Case No. ZOA-03-14: An ordinance amendmg Article III of Chapter 26 of the Wheat Ridge Code of Laws pertaining to planned developments. llUs case was presented by Meredith Reckert. She reviewed each existmg section of the code and compared them with the proposed reVIsions. Staff recommended approval of the Dfdinance. Planning Commission September 4, 2003 Page 2 EXHIBIT 3 I( L It was moved by Commissioner BERRY and seconded by Commissioner McMILLIN tbat Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and Development Code regarding planned development district regulations, be fonvarded to City Council with a recommendation of approval for the following reasons: 1. It alle'\'iates redundant language. 2. It extends the time limit for mylar submittal. 3. It extends the time limit for final development plan expiration. 4. It allows more flexibilit)' for approval of administrative final development plan. With the following conditions: ]. Regarding Section 26-311.B.9, there be a limitation of gross floor area not to exceed 10,000 square feet. 2. Following paragraph A of Section 26-311, the following words be added: and all property owners who may be impacted by the proposed amendment to the jinal development plan. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. E. Case No. ZOA-03-15: An ordinance amending Section 26-106 of the Wheat Ridge Code of Laws concernmg the revIew process chart. ThIS case was presented by Meredith Reckert. She revIewed the staff report and revIewed the eXlstmg process chart comparing it with the proposed reVISIOns It was moved by Commissioner McMILLIN and seconded by Commissioner STITES that Case No. ZOA-03-15, a proposed amendment to Chapter 26 of the ZOl!ing and Development Code regarding the land use review process chart, be forwarded to City Council with a recommendation of approval for the following reasons: 1. It will strt'amline the review process by simplifying the pre-application meeting requirement. 2. It expedites tbe subdivision approval process by elimination of tbe neighborhood meeting requirement. 3. It distinguishes between the different categories of planned development approvals. 4. It reOects recent legislation regarding tbe special use process. With the following condition: 1. That wording in footnote #1 of tbe proposed re\liew process cbart be changed to read: Iffive or fewer parcels, minor subdivision process applies. If more than jil'e parcels, ItUljor subdivision process applies. The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent. Planning Commission September 4, 2003 Page 3 B. Case No. ZOA-03-17: An ordinance amendmg Section 26-107 of the Wheat RIdge Code of La\\'s concemmg expiration of development approvals, Meredith Reckert presented this matter She reviewed the staff report and noted that staff recommended removal of time limits on outlIne development plans so they remam In perpetUIty However, staff acknowledges there should be more dIscussion and conslderal1on on the proposed changes to the final development plan expirations and recommended continuation of that diSCUSSIon (0 a later I1me. Alan White explained that there are final development plans that are 30 years old where the outlme plan sets the standard for landscapmg at 8% to 10%. The current requIrement for landscapmg IS 20% CommIssioner McNAMEE asked how many old planned developments exist that have ne\ er been developed Alan White explained that most Situations deal with the last one or two bUIldmgs Wlthm an old planned development. He estimated there are probably two dozen of these situations CommIssioner PLUMMER suggested a requlfement that, If not developed within a certam number of years, the plan must be reviewed whIch would JO\'olve new applicatIOn fees CommissIoner STITES suggested a reqUIrement that the apphcatlon must be brought up to current code reqUIrements after a certam tIme limit has passed. CommIssIOner McMILLIN asked about an applicant's vested nghts WIth pnor development approval Alan WhIte explamed that the statutory limIt for vested rights IS three years However, a developer could come m and request a vested nghts agreement but such agreement would have to be revIewed and approved by CIty CouncIl CommIssIoner PLUMMER expressed concern that large projects sometimes take longer than three years to prepare for constructIOn and draInage, roadway and other conditIons could change during that lime. Alan WhIte explamed that notices of any such changes 10 Planned Developments are given to the owners or developers of surroundmg propertIes CommissIOner McMILLIN suggested a prOVISIon to shift amemtles such as landscapmg according to changes that have taken place since the imtlal approval Commissioner McNAMEE asked if there were lime restrictIOns for a developer to begin or complete hiS proJect. Alan White stated that there is the one-year restnction to begin bUIlding He noted that a prOVision in the code adopted two years ago slaled that bulldmg needed to begm Wlthm one year of adopting the code or their approval would expire. No notice to owners was given of this requlTement. No one responded to this action. Commissioner McMILLIN suggested a survey of other munICipalities regarding their regulations. Meredith Reckert slated that she checked with other muniCipalities and found that most have a three-year limitation on final development plans. She didn't check to see what Planning Commi~lon Decem~r 4. ~OO3 Page 3 EXHIBIT 4 procedures were m place when the time hmltation IS up and mdicated that she would contact neighboring rnunlclpahlles regarding Ihls malleI' It was mond by Commissioner PLUMMER and seconded by Commissioner McMILLl~ that Case No. ZOA-03-17, an ordinance amending Section 16-107 of the Wbeat Ridge Code of Laws concerning e.xpinltion of deHlopment approval, be continued to February 5, 2004. The motion passed unanimously. 8. OLD BUSINESS . Alan Whlle reported that AutoNatlon IS in the ~rocess of Installing a wetlands/detentIon pond and stonn sewer ]mprovements out to 38' Avenue A bUlldmg pennll for theIr new bUIlding IS antICIpated in Ihe spnng. They have indicated they want to be open by Januar). 2005 . In response to a queslJon from CommIssioner McNAMEE regardmg the temporary lot at Lutheran Hospltal, Meredllh Reckert explamed thIS WIll accommodate constructIOn and employee parking that is being displaced by the new medical buildmg constructIon ThiS IS being processed as an admmistrallve amendment and staff]s attemptmg to stay cognizant of neIghborhood concerns. Alan White reported that there IS as-year t1me lImll on the temporary lot. 9. l"EW BUSINESS Alan Whlle reported that the December 181h Planning CommiSSIon agenda wllllOc\ude RV regulatIons. Meredllh Reckert reported that the mtervlew process has begun to fill the planner techmcian vacancy ]0. COMMISSION REPORTS There were no commISSIOn reports. ] 1. COMMITTEE AND DEPARTMENT REPORTS There were no cOffirmt1ee and department reports n. ADJOURNMENT It was mond by Commissionu PLUMMER ~lDd seconded by Commissioner STITES to adjourn the meeting at 7:55p.m. The motion passed un:mimousl)'. In r2u (] f\ iJ1 ('A. '1 /KQ ~ Marian McN2mee, Chair / /-- ~ ~ / . '7)~ eA , Ann Lazzeri, Recordm ' ~retary Planlllng Commission !Xcember 4, :ZOO) Page 4 INTRODUCED BY COUNCIL MEMBER Berry Council Bill No. OS-20M Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT DISTRICT REGULATIONS WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the requirement for and content of planned development districts; WHEREAS, the City has identified changes which will improve the processing of and standards for planned development district applications. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Article III of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows Sec. 26-301. Scope and application. A. There is hereby created a Planned Development District to further promote the publIc health, safety and general welfare by permitting greater flexibility and innovatIOn in land development based upon a comprehensive, integrated plan. For the purpose of ensuring maximum flexibility of this district, the district is divided into the followmg subdistrIct desigaations planned development zone district categories, based on the primary land use of a proposed development plan or portion thereof: 1. Planned Residential Development--PRD. 2. Planned Commercial Development--PCD. 3. Planned Industrial Development--PID. 4. Planned Hospital Development--PHD. S. Planned Mixed Use Development - PMUD. By creating the above subdistricts, zone district categories, the city council recognizes that these subdistricts zone district categories may exist singly or in combination within any approved planned development. ATTACHMENT 2 B. On and after the effective date of this chapter as set forth in section 26-1003, all applIcations for private rezoning under section 26-112 for properties in excess of one (1) acre (for rezoning to residential or industrial zones), and all applications for private rezoning to any commercial district shall be required to request rezoning to one (1) of the listed planned development subdistricts zone district categories. The procedure for review of any planned development application shall be that for private rezoning at section 26-112. A Planned Development District may be approved for any single use or any combination of uses; provided, that the intent and purposes of this section are met, and that the general health, safety and welfare of the community are advanced through Its approval. This section shall apply to: 1. Any new application for a rezoning to a Planned Development District. 2. Any application for amendment to an existing planned development subdistrict. zone district. C. The mtent ofthe Planned Development District is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone district, however but, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity This district recognizes the great variety of land use intensities, densities, and envIronmental and land use interfaces which are possible. The general purposes of this sectIon are as follows: 1. To accomplish compatible development with adjacent commercial, residential and/or mdustnalland uses through proper land use transItions and buffering techniques. 2. To promote flexibility in design and permit diversification III the location of structures. 3 To promote the effiCIent use ofland to facilitate a more economic arrangement of building, circulation systems, land use and utilities. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features ofthe site. 5. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. 7. To minimize traffic congestion on public streets, control street access, and to proVIde for well-designed interior circulation. 2 8. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. 9. To promote conformance with the adopted comprehensive plan, established policies and guidelines for the area and for the community. Sec. 26-303. Planned Residential Developments (PRD) regulations. A. Area. No minimum. B. Density: Maximum sixteen (16) dwelling units per acre. C. Height: Maximum thirty-five (35) feet. D. Lot cO'lcrage: Maximum seventy five (75) percent. (See section 26 123 for definition. ) ~ D. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Minimwn tweftty five (25) percent. (See section 26 502.) F E. Parkmg: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based upon specific uses. (See section 26 501.) ~ F. Fences and walls. In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. PiS specifically detailed on an approved final development plan, otherWise follow requirements of section 26 603. It G. Signage. In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. ,'\s specifically detailed on and approved on final de'lelopment plan, otherwise follow requirements of article VII. I. Commercial use conditiofls: I. Commercial uses shall be allowed only where speoifically approved in a final development plan. 2. Commercial uses, including all associated land used for building 5fllWe, parking and landscaping, shall not exceed twenty five (25) percent ofthe gross area included within a particular PlarJled Residential Development District. 3 3. Land used f-or commercial uses including parking, ingress, egress, and landscaping, shall be calculated separately and may not be included in the land area used to calculate the maximum of si)(teen (16) residential units per acre. If uses are combined in a structure, the land attributable to the commerciall:lSe shall be considered to be the building square footage occupied by commercial uses, the required parking, and a proportIonate share of the common arcas, such as ingress egress, landscaping, roadways, ere:- J-:. H. The requirements of this section shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD district, where such structures and theu reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997; 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place; or 2. Reconstruction of structures which were not legally ill existence (as distinguished from legal nonconforming structures). &, I. All planned residential developments shall meet the residential site design standards of article V. unless specifically varied on the outline and final development plan. b J. A planned residential development shall be required for any mobile home park and must meet the standards for mobile home park design in section 26-506. Sec. 26-304. Planned Commercial Developments (PCD) regulations. A. Area. No minimum. 4 B. Height: Commercial structures shall not exceed fifty (50) feet; residential structures shall not exceed thirty five (35) feet; residential uses located wIthin a commercial structure shall not be permitted above thirty fi'le (35) feet. C. Lot coverage: Maximum eighty (80) percent. (See section 26 123 for definition.) .g., C. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Minimum twenty (20) percent. (See section 26 502.) & D. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based upon specific uses. (See section 26 501.) F-: E. Fences and walls: In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As specIfically detailed on appro'fed final development plan, otherwise follow requirements of section 26 603. @- F. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As specifically detailed on and approved on final development plan, othenvise follow requirements of article VII. He Residential use conditions: 1. Residential uses shall not exceed thirty five (35) f-eet in height. 2. Residential uses, including associated parking, land used for buildings, landscaping, etc., shall not exceed fifty (50) percent oftha gross area included within a particular Plar,ned Commercial Deyelopment District. 3. Where residential uses are part of a plar,ned commercial development, the land used for commercial uses including parking, ingress, egress and landscaping, shall be calculated separately, and may not be included in the land area used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building or for other reasons cannot be clearly separated from the residential area, the land attributable to the commercial use shall be considered to be the bl:lilding square footage occupied by commercial uses, the required parking, and a proportionate share of the common areas, such as ingress/egress, landscaping roadways, etc. h G. A Planned Commercial District shall be used to establish any proposed recreational vehicle park. 5 Sec. 26-305. Planned Industrial Development (PID) regulations. A. Area: Each Planned Industrial Development District shall be minimum of one (I) acre. B. Height: Maximum fifty (50) feet. Go Lot coverage: Maxim1:lffi eighty (80) peroent. (See section 26 123 fer definition.) 9. C. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Minimum h'lenty (20) peroent. (See section 26 502.) E, D. Parking: In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based 1:lpOR specific 1:lses. (See section 26 501.) R- E. Fences and walls. In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. As specifioally detailed on approved fiool development plan, othervlise follow requirements of seotion 26 603. fh F. Signage: In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final plan. As speeifioally detailed on approved final development plan, otherwise follow requirements of artiole VII. - lh G. All planned mdustrial developments shall meet the industrial performance standards set forth in section 26-505 Sec. 26-306. Planned Hospital District (PHD) regulations. A. Allowable uses. The following uses hereinafter listed shall be permitted only as speCifically designated on the approved final development plan: I Public and private general hospital. 2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped. 3. Independent living units, Homes homes for the aged, nursing homes, congregate care homes, hospices or similar residential facilities which are accessory to a hospital or sanitarium principal use. 6 4. Accessory uses and structures customarily associated with the permitted uses as shown on the approved final development plan. B Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided below. C. Lot width. Two hundred (200) feet minimum. D. Setback requirements: 1 Front: Fifty (50) feet minimum. 2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property 3 Rear: Twenty-five (25) feet mmimum, plus ten (10) feet for each story. The intent is to provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property. E. Height: 1. Hospital buildings. Fifty (50) feet maximum, except as follows: a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50) acres in size. b Additions attached to existing hospitals may be built to a height not to exceed the height of the existing building. 2. Offices: Fifty (50) feet maximum. 3 Residential: Thirty-five (35) feet maximum. 4 Accessory: Thirty-five (35) feet maximum. F. Lot coverage. Seventy five (75) pereeat maximmn overall site eoyerage. G. F. Residential density. No residential development, excluding congregate care homes, nursing homes or intermediate nursing care facilities, shall exceed sixteen (16) tweffiy one (21) dwelling units per acre. II. G. Landscaping: 1. Minimum twenty-five (25) percent overall site requirement. 7 2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned property. 3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the requirements set forth in section 26-502. h H. Parking: In accordance with Section 26-501, othenvise as established by the outline development plan and as specifically detailed on an approved final development plan. Based upon specific uses. (See section 26 501.) },- I. Fences and walls. In accordance with Section 26-603, othenvise as established by the outline development plan and as specifically detailed on an approved final development plan. ,^.s specifically detailed on aB apprm'ed final development plan, otherwise f-ollow reql:lirements of seetion 26 603. G; J. Slgnage' In accordance with article VII., othenvise as established by the outline development plan and as specifically detailed on an approved final development plan. :\s specifically detailed Of! approved final de'ielopment plan, otherviise follow reql:llfemeRts of article VII. Sec. 26-306.5. Planned Mixed Use District. A. Applicability. This zone district shall be used only in the mixed use areas shown on the Streetscape Classification Map in the Streetscape and Architectural Design Manual adopted January 11, 2002, as amended. B Purpose. This district is established to provide a zoning classification to allow the integratIOn of residential and commercial uses and development which is consistent with the surroundmg neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a hlgher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial dlstncts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. C Permitted uses. Permitted uses shall be a mixture of residential and commerclal uses governed by approval of the outline development plan. D. Area. No minimum. E. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet for structures containing commercial and residential uses; thirty-five (35) feet for freestandmg residential structures. 8 F. Lot coverage. No IDalCimum. G F. Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, includmg excluding parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the commercial and residential uses are mixed in the same building, the land attributable to the commercial use shall be considered to be one-half (1/2) of the buildmg footprint. If the commercial and residential uses are in separate buildings, the land attributable to the commercial use shall be considered to be the entire commercial building footprint. H:- G. Landscaping: In accordance with Section 26-502, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. No minimum cO'/erage. Landscaping shall be consistent with section 26 502. h H. Parking. In accordance with Section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. Based upon specific use. Parking shall be consistent with section 25 Wh Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction ofthe person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. :h I. Fences and walls. In accordance with Section 26-603, otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. ,A.S specifically detailed on the approved final development plan; otherwise follow requirements of section 26 603. ~ J. Signage. In accordance with article VII., otherwise as established by the outline development plan and as specifically detailed on an approved final development plan. ,A.S specifically detailed on the approved final development plan; othern'wo follow reqUirements of article VII. Sec.26-307. Similar uses in planned developments. A. DefinitIOn. A similar use is a use which would be similar in size, type of operation, services proVided or equipment used, number of employees, and hours of operation and which would. Be compatible in character and impact with permitted uses in the planned development, 2. Be consistent with the intent of the planned development, 9 3. Not be objectionable to nearby property by reason of odor, dust, fumes, gas, nOise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and 4 Not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. B. Similar use determination process. Any use which IS not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: 1. The community development director shall notify adjacent property owners by letter notice and posting ofthe site for ten (l 0) days that a simIlar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of Ordinance 1200, series 2000. 2. Ifno written objection to the proposed similar use is received and the planning and development director finds that the proposed similar use meets the definition of similar use contained in section (a) above, the community development director is authorized to approve the similar use. 3. If a written objection is received or if the community development director finds that the definition of similar use does not apply, the community development director shall forward the determination request to the beaffi of adjustment planning commission at a public hearing. Notice of said hearing shall be as provided in section 26-109. C Recordation. If approved, the similar use shall be recorded as an affidavit of amendment to the outline development plan. OR the fiRal de'/elopment plan in the same marJler as the original final development plan was recorded. Sec. 26-308. Application for planned developments. All applications for approval of a planned development, redevelopment, alteration or addItion shall be filed with the community development department prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the planned development request. Article IV of this chapter should be consulted for subdivision requirements and procedures. A. Development plans. There are two (2) distinct steps in establishing a planned development: an outline development plan and a final development plan. The outline development plan may be submitted for consideration by itself or it may be combined with a final development plan. When the outline development plan is combined with final 10 plans, two (2) separate drawings are required. All informational requirements of the respective plans shall be met. B Subdivision/platting. Subdivision or plat review may be carried out simultaneously with the review of development plans. All requirements of the subdivision regulations for a prelimiRary ami final plat, if applicable, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets, easements or other public purposes, or if a previously approved subdivision is amended in any way by the proposed development. In cases where subdivision is to occur simultaneous with development plan review, the applicant shall submit separate sheet(s) in addition to the subject development plan. C Outline development plan. An applicant shall submit an outline development plan for approval of a change of zone to a Planned Development District. The outline development plan is the zoning and general concept step. It provides generalized graphic and written information on layout, uses and intended character of the development. I. Submittal requirements. a. Appropriate fee. b. EyideRee that the required Reighborhood referral meeting has oeel:lrred Neighborhood meeting notice (see section 26-109). c. Complete and notarized application. d. Proof of ownership, such as copies of deeds or title commitment. e Power of attorney from owner(s) where an agent acts on behalf of the owner(s). f. Names and addresses of all adjacent property owners, indudmg property across abatting streets. g. f. Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. h. g. Additional information may be required, including, but not limited to, drainage study and plan, grading plan, geological stability report, traffic impact report, floodplain impact report, or general environmental impact report. 2. Form and content of the outline development plan. The maps which are a part of the outline development plan shall be made at a scale of not less than one (l) inch equals one hundred (100) feet. The size of the sheet shall be twenty-four (24) inches by thirty-six (36) inches. The drawings may be 11 in general schematic form and shall contain the following minimum information: a. Ownership/unified control statement. A list of all existing owners of real property included within the proposed Planned Development District, and a written statement which describes anticipated future ownership character (i.e. single ownership, partnership, condominium, etc.), and which indicates proposed manner of maintaining unified control throughout the planning, development, use, operation and continued maintenance of the planned development. b. Character of development. A written description of the general character of the development and of the objectives to be achieved by the particular development concept being proposed. This statement shall include, but not be limited to, the manner in which the proposed development meets or exceeds the intent of the Planned Development District as stipulated in section 26-30IC, the proposed architectural and site design concepts, building materials (type, textures and colors); specific concepts by which the proposed development wtll make an orderly transition from existing adjacent development, and specific concepts for the use and landscaping of all public and private open spaces. It is the intent of this requirement that the applicant provide a clear, concise statement for the reviewing authorities to better understand the proposed development concept and upon which their deCision regardmg the proposal can be based. c. The existing topographic character of the land at a contour interval of two (2) feet if the slope is less than ten (10) percent and five (5) feet if the slope is greater than ten (10) percent. d. General indication of areas to be landscaped. e. Property boundaries as per accompanying legal description. f. Existing and proposed lot lines, easements and rights-of-way on and adjacent to the site. g. Adjacent zoning, land use, streets, streams, etc. h. Location of all existing streets, alleys, easements, drainage areas, irrigation ditches and laterals withm and adjacent to the site. 1. Location of all proposed streets, alleys, easements, drainage areas, parks, and other areas to be reserved or dedicated to public use. 12 J. Approximate location and extent of major use areas. k. Any significant vegetation or land use features within or adjacent to the site which may influence development. I. When located within a regulated 100-year floodplain, designation of areas subject to a 100-year flood shall be provided. Both the floodway and flood fringe areas shall be shown. Development within IOO-year floodplams, including fill or excavation, is regulated by article VIII. m. Scale (no less than one (I) inch equals one hundred (l00) feet) and north arrow n. Small-scale location map as an inset which shows the subject property centered within a quarter-mile radius. o. Proposed name of the planned development. P A general indication of the expected utilizatIOn of the land and a list of uses to be permitted in the development. q. Legal description (metes and bounds) of total Site, including area. r. Project data for the entire site and mcluding, by phase, buildmg area and percent, paved area and percent, landscape area and percent, number of lots, typical minimum lot sizes and dimenSIOns, net density, gross density, etc. s. Development time schedule by phase. t. Required certifications. 3. The outlme development plan shall be recorded with the Jefferson County Clerk and Recorder and, therefore, must meet their requirements for recordation. 4. The following certifications, in addition to the required surveyor's certificate, shall also be placed upon the outline development plan: OWNER'S CERTIFICATION The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that the property legally described hereon will be developed as a planned development m accordance With the uses, restrictions and conditions contained in this plan, and as may 13 otherwise be required by law. I (we) further recognize that the approval of rezoning to Planned Development, and approval of this outline development plan, does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of section 26-121 of the Wheat Ridge Code of Laws. Signature ofOwner(s) or Agent(s) NOTARY PUBLIC Subscribed and sworn to before me this day of Witness my hand and official seal My commission expIres NOTARY SEAL PLANNING COMMISSION CERTIFICATION Recommended for approval i'.pproved this by the Wheat Ridge Planning Commission. day of Chairperson Chairman COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL CERTIFICATION Approved this Council. day of , by the Wheat Ridge City ATTEST. City Clerk Mayor 14 CITY SEAL COUNTY CLERK AND RECORDER'S CERTIFICATE This document accepted for filing in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado, on the day of , AD, in Book , Page , Reception No. JEFFERSON COUNTY CLERK AND RECORDER By: Deputy 5 Review procedures: a. Staff review: Upon filing of an application and other required documents, community development staff will refer copies of the plans to affected departments and agencies for review. All comments shall be forwarded to the applicant so that necessary revisions may be made by the apphcant prior to scheduling the application before planning commission. b Planning commission hearing. The planning commission shall hold a public hearing pursuant to the public notice requirements of section 26-109. The planning commission shall recommend approval, approval with modifications or denial of the outline development plan, stating the reasons for its recommendation. The recommendation shall be forwarded to city council. c City council heanng. The city council shall hold a public hearing pursuant to public notice as required by section 26-109. The City council shall approve, approve with modifications or deny the application. 6 Recordation. All approved outline development plans shall be recorded with the Jefferson County Clerk and Recorder Such plans, and associated recording fees shall be submitted to the community development department within thirty (30) sixty (60) days of council's final action. Should a recordable approved outline development plan not be provided to staff within thirty (30) sixty (60) days of council's final action, staff shall schedule a public hearing before city council and city council shall reconsider its approval. A one-time, thirty-day extension for mylar submittal may be requested from the Community Development Director. The request must be submitted in writing prior to 15 expiration of the 60-day time limit showing evidence of good cause for not meeting the deadline. D Final development plan. The final development plan provides the final engineering and site design details for final approval of one (1) or more phases of a proposed development. 1 Submittal requirements: a. Complete and notarized application. b Proof of ownership, such as copies of deeds or title commitment. c. Power of attorney from owner( s) where an agent acts on behalf of the owner(s). d. Names and addresses of all adjacent property owners, including property across abutting streets. ~ d. Names, addresses and telephone numbers of architects and engineers associated with preparation ofthe plans and plat. ~ e. Copies of proposed agreements, provisions, covenants, condominium declaratiOns, etc., which govern the use, maintenance and continued protection of the planned development and any of its common areas and facilities, and which will guarantee unified control. ~ f. Additional information may be required, including, but not limited to, geological stability report, traffic impact report, civil engineering plans, floodplain impact report or general environmental impact report. 2. Form and content ofthe final development plan. The final development plan shall be consistent with the approved prelim.inary outline development plan. The final development plan shall be drawn at a scale of no less than one (1) inch to one hundred (100) feet and contain the following: a. Legal description of the entire planned development, and if the final development plan is for only a portion of the site, a legal description of that portion of the site included within the final development plan. 16 b. Location, extent, type and surfacing materials or all proposed walks, malls, paved areas, turfing and other areas not be covered by buildings or structures. c. Location, size, type, height and orientation of all Signs. Signs not spc01ficaUy approyed as part of a final development plan shall not be permitted. d. A landscape plan which provides location, type, size and quantities of all existing (to remain) and proposed plant material and other landscape features and materials. Common and botanical names of all plant materials shall be indicated. Location and type of lITigation system shall be indicated. i\lllandscaping shall meet the reql:lirements of this section as 'Nell as seetioB 26 502. e. Location, extent, types of materials and height of all walls and fences. f. Exterior lighting devices; type, height, location and orientation. g. Location, extent, maximum height, number of floors and total floor area of all buildings and structures. h. Total number of dwelling units. and typical floor plans for residential projects. 1. Elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structures. J. Off-street parking and loading plan which indicates the size, location and number of parking and loading spaces and which shows the proposed Circulation of vehicles and pedestrians within the planned development and to and from existing or proposed public thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate and ensure the safety of this circulation pattern, including fire lanes, must be shown. k. Indication of all proposed uses for all buildings, structures and open areas. Outside storage and display areas must be indicated if proposed. Description of any proposed temporary or interim uses of land or existing buildings prior to development in accordance with the approved final development plan, 17 I. A development schedule indicating the approximate date on which construction of the project can be expected to begin and approximate dates when construction will be completed. If a multi phased project, indicate times for each phase. m. The final development plan (and plat) shall be recorded with the Jefferson County Clerk and Recorder and, therefore, must meet their requirements for recordation. 3. The following certifications, and approvals, in addition to the required surveyor's certificate, shall also be placed upon the final development plan (and plat): OWNER'S CERTIFICATION The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that the property legally described hereon will be developed as a planned development in accordance with the uses, restnctions and conditions contained in this plan, and as may otherwise be required by law. I (we) further recognize that the approval of final development plan (and plat) does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of section 26-121 of article I of the Wheat Ridge Code of Laws. Signature ofOwner(s) or Agent(s) NOTARY PUBLIC Subscribed and sworn to before me this day of Witness my hand and official seal. My commiSSiOn expires NOTARY SEAL PLANNING COMMISSION CERTIFICATION Recommended for approval Appro'led this by the Wheat Ridge Planning Commission. day of Chairperson Chairman 18 COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL CERTIFICATION Approved this Council. day of , by the Wheat Ridge City ATTEST: City Clerk Mayor CITY SEAL COUNTY CLERK AND RECORDER'S CERTIFICATE ThiS document accepted for filing in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado, on the day of AD, in Book , Page , Reception No. JEFFERSON COUNTY CLERK AND RECORDER By. Deputy 4. ReView procedures: a. Staff review. Upon filing of an application and other required documents, the community development staff will refer copies of the plans to affected departments and agencies for reView. All comments shall be forwarded to the applicant so that necessary revisions may be made by the applicant prior to scheduling the application before the planning commission. b. Planning commission hearmg. Planning commission shall hold a public hearing pursuant to the requirements of section 26-109. The planning commission shall recommend to city council approval, 19 approval with modifications, or denial stating the reasons for action. c. City council hearing. Upon receipt of the plannmg commissiOn's recommendation, city council shall hold a public hearing pursuant to the requirements of section 26-109. City council shall approve, approve with modifications or deny the application. d. Recordation. All approved final development plans shall be recorded with the Jefferson County Clerk and Recorder. Such plans, and associated recording fees, shall be submitted to the community development staffwithm thirty (30) sixty (60) days of counCil's final action. Should a recordable approved final development not be provided to the staff within thirty (30) sixty (60) days of council's final action, the staff shall schedule a public heanng before city council and city council shall reconsider its previous approval. A one-time, thirty-day extension for mylar submittal may be requested from the Community Development Director. The request must be submitted in writing prior to expiration of the 60-day time limit showing good cause for not meeting the 60-day deadline. 5. Expiration of final development plan approvals; reapplications. a. Construction shall commence in accordance with the development schedule specified on the recorded final development plan. b. Extension of the development schedule specified on a recorded final development plan shall require amendment to the final development plan. c. A new application for substantially the same development application may not be refiled for one (1) year after denial. Sec. 26-309. Interpretation Application of standards. A. Detailed specifications and standards which should have been set forth on an approved outline and final development plan, but which were found subsequent to approval to have been omitted, may be interpreted by the community development director to be those specifications and standards set forth in the zonc district in which thc approved uses contained within the final development plan would be permitted. 20 B. The supplementary regulations of article VI apply to uses and activitles within planned development distncts, unless otherwise provided in the approved final development plan. C If the outline and final development plan does not address a particular development standard, the standard of the zone district which most closely matches the planned development as determmed by the community development dIrector shall be used. D The owner of any property who or which feels aggrieved by such determinatlon may appeal the determination pursuant to the provisiOns of section 26-115. E. If the development standards specified on a recorded outline development plan do not meet the current standard, a final development plan can be approved consistent with those standards on the recorded outline development plan. F. To vary from the minimum development standards established on a recorded outline development plan, an amended outline development plan is required. G. To vary from the standards set forth on a recorded final development plan, an amended final development plan is required. Sec. 26-310. Binding upon successors and assigns. All approved development plans shall be binding upon the owner(s), their successors and assigns, and shall limit the development to all conditions and limitations established in such plans, and as may be contained in separately recorded agreements, covenants, condominium declarations, etc., which were approved by city council as part of a planned development approval. Sec. 26-311. Amendments to development plans. A. The procedures and requirements for amending an approved development plan (prehminary outline or final) shall be the same as prescribed for original approval, except as provided for under subsection W (B) below. All applications for amendment to an outline development plan must be approved in writing by all owners of real property contained withm the area originally approved by the outline development plan, unless speCific alternative provisions have been approved by city council as part of the unified control agreement. All applications for amendment to a final development plan must be approved in writing by all owners of real property and owners of interest contained within the parcel or phase of the planned development where the amendment is being requested. If the amendment affects the provisions for access, drainage, utilities and/or circulation, affected property owners must consent to the application for amendment in writing. 21 B Based upon showing of necessity therefore, minor changes in the locations of structures and their accessory uses, fences, parking areas, landscaping and other site improvements may be permitted as an "admmistrative amendment" by the community development dIrector, if such changes will not cause any of the following Clfcumstances to occur: 1. Change in the character of the development. 2. Increase m the mtensity (or density) of use. 3. Increase of the problems of circulation, safety and utilities. 4. Increase of the external effects on the adjacent properties. 5. Increase in maximum building height. 6. Reduction in the originally approved setbacks from perimeter property lines. 7. Reduction in landseape area of total site, Reduction of a development standard on the approved final development plan provided the reduction does not decrease the development standard to an amount less than the requirement on the approved outline development plan. 8. or relocation Relocation of landscape areas which are required as buffer yards or establish project character. 9. Increase in the gross floor area of structures of over 10% beyond the authorized maximum allowed with the approved planned development, but not to exceed an increase of 10,000 square feet. 10. Change ofthe land area devoted to any approved use by more than 10%. C. Any changes or revisions of a final development plan which are approved, either administratively or by city council action, must be recorded with the Jefferson County Recorder as amendments to the original recorded development plan subject to the deadline provisions of Section 26-308.D.4.d. Sec.26-312. Interim use. Subsequent to rezonmg to a Planned Development District and approval of a final development plan, but prior to development and use of a parcel in accordance with the approved plan, the property may continue to be used for any lawful purpose for which it 22 was used at the time of prelim.inary outline development plan approval; provided, however, that no new permanent structures or additions to existing structures Will be permitted. Section 2. Safetv Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance IS necessary for the preservation of health and safety and for the protection of pubhc convenience and welfare. The City Council further determines that the ordinance 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 in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of thiS Ordinance, the proviSiOns, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o m this 22nd day of March ,2004, ordered published in full in a newspaper of general circulation m the City of Wheat Ridge and Public Hearing and consideration on final passage set for April 12 ,2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2004. SIGNED by the Mayor on this day of ,2004. GRETCHEN CERVENY, MAYOR ATTEST Pamela Y. Anderson, City Clerk 23 1 ST pubhcation. March 25, 2004 2nd publication: Wheat Ridge Transcript Effective Date. APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY ---- 24 ITEM NO: 3 f REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: Apn112,2004 TITLE: COUNCIL BILL NO. 06-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO EXPIRATION OF DEVELOPMENT PLANS (CASE NO. ZOA-03-17) r8J PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date. March 22,2004) r8J ORDINANCES FOR 2ND READING QuasI-Judicial: D Yes r8J No ~1ttL c,ty~~1 Commumty Development Director EXECUTIVE SUMMARY: Section 26-107 of Chapter 26 is mtended to address the eXpiratiOn for different types of development approvals. However, some of the land development approvals have different terms of eXpiratiOn which is codified elsewhere m the code oflaws. For example, a vanance approval becomes null and VOid If a bUlldmg permit is not issued Within 180 days. While the term of expiration for vanances is specified m Section 26-115 (Vanance/waivers/ temporary permits/interpretatiOns), it is not mcluded m SectiOn 26-107 Other expiratiOn periods addressed mclude the revised special use procedures adopted by City Councd m 2003 and the expiration for budding permits after construction has commenced. Both prehmmary and final development plan approvals are speCified to expire Within one year. Staff is recommendmg this expiration date be removed for both types of approval. The eXistmg language was adopted when Chapter 26 was repealed and reenacted in February 2001. Plannmg CommissiOn reviewed thIS case at public hearmgs held on December 4, 2003, and February 5, 2004 A recommendation of approval was given. BOARD/COMMISSION RECOMMENDATION: Plannmg Commission reviewed this request at a pubhc heanng held on December 4,2003. The item was contmued until February 5, 2004, when a recommendatiOn of approval was made for the followmg reasons. The proposed language distmgUishes between different types of development plan approvals. 2. The proposed language recognizes the planned development outlme development plan as the zoning document which should remain m effect m perpetuity. 3 The proposed language reflects changes to the special use permit procedures. 4 The proposed language allows staff flexibility in dealing with final development plans. There were no conditiOns attached to the approval recommendation. STATEMENT OF THE ISSUES: The most slgmficant changes proposed by staff are the eXpiratiOn periods for planned development prel1mmary development plan (now called outlme development plan) and final development plan approvals. Both outlme and final development plans are recorded with the Jefferson County Clerk and Recorders office, but the eXisting proVision in section 26-107 proVides a one-year expiratiOn penod for both documents. The outlme development plan is the rezonmg step Staffbeheves that It is unreahshc for thiS zoning approval to expire. We are recommending that thiS proviSiOn be removed so that outlme development plans remam in effect in perpetUity Staff is also recommendmg that there be no speCific eXpiration dates for final development plans. All final development plans are reqUired to have a construchon schedule which speCifies approXimate dates for project commencement and completlon. If a buildmg permit IS submitted for an approved development plan after the construction schedule has expired, staff can reqUire amendment to the plan to extend the schedule through a pubhc heanng process. ALTERNATIVES CONSIDERED: Staff's original recommendation to Planning Commission mcluded a three-year expiratlon for planned development final development plan approvals. After conSiderable diSCUSSiOn, we concluded that it is impossible to write a regulation that is "one size fits all". Removal of a speCific, codified penod for expiration wlll allow staff more flexibihty to deal with expired final development plans. The expiration for final development plans will be tied to the constructiOn schedule speCified on the fdp. FINANCIAL IMPACT: None. 2 RECOMMENDED MOTION: "I move to approve Council Bill. No 06-2004, Case No. ZOA-03-17, an ordmance amendmg Chapter 26 of the Wheat Ridge Code of Laws pertammg to expiration of development plans, on second readmg, and that it take effect 15 days after final pubhcation." Or, "1 move to table mdefimtely Council Bill No. 06-2004, Case No ZOA-03-17, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to expiration of development plans, on second readmg with the following findings. 2" Report Prepared by" Meredith Reckert, 303-235-2848 Reviewed by: Alan White Attachments. 1 February 5,2004, Plannmg CommissiOn report 2. Council Bill No 06-2004 zoa03I 7CouncilAct 1 streading 3 City of Wheat Ridge Planning and Development Department MelllOrandulll FROM: Planmng Commission \~redlth Reckert TO: SUBJECT: Case No ZOA- 03-17/ExpiratiOn of Development Plans DATE: January 29, 2004 ThIs Case is _ QuasI-judicial X Legislative Proper notice was gIven for this pubhc heanng. Background Attached is an ordinance amending Section 26-107 of the Zonmg and Development Code relatmg to the expiratIon of development approvals and reapplications. On December 4,2003, Staff dIscussed thIS proposed amendment with Planning CommissIOn Attached IS staff's origmal memo and recommended language proVIded to the CommIssion Attached also are the mmutes from the December meetmg. Please note that m reviewing the mInutes. there was intermmgled dIscussiOn regardmg both the expIratIOn of plan approvals and the Issue of old development plans inconSIstent with today's development standards. The second Issue wIll be dIscussed at a future public hearing dealing speCIfically with the planned development dIstrict regulations. Changes proposed for the CommissiOn's conSIderation are shown in bold. Deletions are shown in strikethrough. This case was continued to February 5, 2004 Summary of Ordinance Changes The current regulatIOns have been amended as follows. 1 The expiration term of one year for a prelimmary development plan (now called outlme development plan) approval has been removed. These documents will remain m effect m 1 ATTACHMENT 1 perpetUity 2 The expiration term of one year for a final development plan approval has been removed. These documents will also remain in effect III perpetUity See dIscussion under "Staff comments" 3 The expiration period for variances as speCified in SectIon 26-115 4 has been lllcluded. 4 The terms for expiration of special use approvals have been modified to be consistent with the changes to the special use procedures approved by City CouncIl m 2003 5 The sectIOn addressing bUilding permits has been expanded to address cessatIOn of construction activity Staff Comments The outhne development stage IS the rezoning approval As with any zomng, it remains m effect untIl such tIme as the landowner requests a change or the City imtJates a CItywide rezonmg. OutlIne development plans should not have an expiration timeframe Staff's ongmallanguage to Planning Commission lllcluded a three-year expiration for planned development final development plan approvals After considerable dIscussion at the staff level, we concluded that it is impossible to wnte a regulation that is "one size fits all" We think that mstead of establIshmg yet another process, it is easIer to deal with expIred development plans on a case-by-case baSIS. Remember too, that all final development plans are reqUired to have a constructIOn schedule which speCIfies approximate dates for project commencement and completion If a building permit IS submitted for an approved development plan after the constructIOn schedule has expired, staff can require amendment to the plan to extend the schedule. Recommended Motion "I move that Case No ZOA-03-17, a proposed amendment to Chapter 26 of the Zoning and Development Code regardmg the expIratIOn of development plans, be forwarded to City CounCil with a recommendation of APPROVAL for the following reasons. The proposed language dlstlllguishes between dIfferent types of development plan approvals 2. The proposed language recognizes the planned development outlme development plan as the zoning document which should remain in effect in perpetuity 3 The proposed language reflects changes to the special use pennit procedures. 4 The proposed language allows staff fleXIbility III dealing with final development plans." ExhIbits: 2 1 Origmal memo to Plannmg CommissiOn With suggested language dated 11/28/03 2. Minutes of Plannmg CommissIOn meetmg dated 12/04/03 3 Proposed Ordinance 3 City of Wheat Ridge Community Development Department Memorandum TO: FROM: SUBJECT: DATE: Plannmg CommISSIOn Meredith Reckert Case No. ZOA -03-17 /expiration of development plan approvals November 28, 2003 Attached IS proposed legislation amendmg SectIon 26-107 of the zoning and development code relating to the expiratIOn of development approvals. As always, new language is shown in bold typeface and deletions are shown with strike throughs. Many of the land development approvals have dIfferent terms of expiratIOn. For example, a variance approval becomes null and vOId if a building permIt is not issued within 180 days. While the term of expiratIOn for vanances is specified In Section 26-115 (Vanance/waivers/temporary permltslinterpretatiOns), It is not mcluded in Section 26-107. Section 3 of the proposed legislatIon has been expanded to address the revised special use procedures adopted by City Council earlier thIs year The term of expIratIon for building permits after constructIOn has commenced has been Included In Section 4. The most sigmficant changes address the eXpIratiOn of planned development prehmmary development plan (now called outline development plan) and final development plan approvals. Both outline and final development plans are recorded with the Jefferson County Clerk and Recorders Office, but the eXisting proVISIOn m section 26-107 provides a one-year expiratiOn period for both documents. The outline development plan is the rezoning step Staff beheves that IS unreahstic for thIS zoning approval to expire. We are recommending that this proVIsion be removed so that outlIne development plans remaIn in effect in perpetuity Staff has recommended that approved final development plans expire within three years of approval If no budding permit activity commences. The City has numerous final development plans that were approved over 20 years ago but never constructed. These old final development plans are typically substandard to today's development standards for lighting, landscapIng and signage. In many mstances none of these development standards are addressed at all The burden then falls back on staff to determme how or whether today's standards should be applied. Many tImes the CIrcumstances surrounding the origmal fdp approval have changed. It would therefore make sense to have outdated final plan approvals expire. However, many times once a final development plan public heanng process is completed, the market for the approved development has changed and financing is not aVailable. Is It reasonable to require that a developer reapply to get the original final development approved agam? Should this approval be through a public heanng process or should it be an administratIve approval? Finally, should final development expirations be retroactive to old projects or should It apply to new approvals only? EXHIBIT 1 I Staff acknowledges that there should more dlscussion and conslderation on the proposed changes to final development plan eXpIratiOns. For these reasons we are recommending discussion be contInued until the first available pubhc heanng date in January RECOMMENDED MOTION: "I move that Case No. ZOA-03-l7, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the expiration of development plan approvals, be contInued until January 15, 2004 " 2 CASE NO. ZOA-03-17/expiration of development approval Section 26-107. Expiration of development approval; reapplications. A. Any prehmmary or final approval of a site development plan shall expIre and become null and void if: (1). For prehminary approvals, an apphcation for fiflal approval is not filed WIthin one (1) year of such approval, or R1 (1) For planned development district final development plan approvals, a buildmg permit is not issued for the work authorized Within one (1) ycar three (3) years from the date of final development plan approval. or if the 'Nork is ceased for a period of one hundred tv.'cnty (120) days or more at any timc after work is commenced. (2) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (3) For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. For rezoning, planned development and special use final site development approvals, For special uses approved through a public hearing process, a public hearing before the city council in thc manner rcquired fDr final rcview shall be held to confirn1 whether the zoning and lor permltted use of the property shall revert to that m place prior to the expired approval If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. (4) Any issued buildmg permit shall expire if the work authorized is not commenced withm sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced untIl the developer has received new approval pursuant to the procedures set forth in thiS chapter C. A new applIcation for substantially the same development process may not be refiled for one (1) year after denial. B. Case No. ZOA-03-17: An ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approvals. Meredith Reckert presented this matter. She reviewed the staff report and noted that staff recommended removal of time limits on outline development plans so they remain III perpetUity. However, staff acknowledges there should be more discussion and consideration on the proposed changes to the final development plan expiratIOns and recommended contmuatlOn of that discussion to a later time. Alan White explamed that there are final development plans that are 30 years old where the outlme plan sets the standard for landscaping at 8% to 10%. The current requirement for landscaping IS 20%. Commissioner McNAMEE asked how many old planned developments eXist that have never been developed. Alan White explamed that most situations deal with the last one or two bUlldmgs within an old planned development. He estimated there are probably two dozen of these situatiOns. Commissioner PLUMMER suggested a requirement that, If not developed within a certam number of years, the plan must be reviewed which would involve new applicatIOn fees. Commissioner STITES suggested a reqUirement that the applicatIOn must be brought up to current code reqUirements after a certain time hmit has passed. CommiSSIOner McMILLIN asked about an apphcant's vested rights with pnor development approval. Alan White explamed that the statutory limit for vested nghts IS three years. However, a developer could come III and request a vested rights agreement but such agreement would have to be reviewed and approved by City CounCIl. CommISSIoner PLUMMER expressed concern that large proJects sometimes take longer than three years to prepare for construction and dramage, roadway and other conditIOns could change during that time. Alan White eXplained that notices of any such changes III Planned Developments are given to the owners or developers of surrounding properties. CommiSSiOner McMILLIN suggested a prOVISIOn to shift amenities such as landscapmg accordmg to changes that have taken place since the mltlal approval. CommiSSIOner McNAMEE asked if there were time restrictions for a developer to beglll or complete his project. Alan White stated that there is the one-year restriction to begin buIlding. He noted that a proVision in the code adopted two years ago stated that buildmg needed to begin withm one year of adopting the code or their approval would expire. No notice to owners was given of this requirement. No one responded to this action. Commissioner McMILLIN suggested a survey of other municipalities regardmg their regulations. Meredith Reckert stated that she checked With other municipalities and found that most have a three-year limitation on final development plans She didn't check to see what Planning Commission December 4. 2003 Page 3 EXHIBIT 2 procedures were m place when the time limitatIOn is up and indicated that she would contact neighboring municipalities regardmg this matter It was moved by Commissioner PLUMMER and seconded by Commissioner McMILLIN that Case No. ZOA-03-17, an ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approval, be continued to February 5,2004. The motion passed unanimously. 8. OLD BUSINESS . Alan White reported that AutoNatlOn is m the ~rocess of installing a wetlands/detentIon pond and storm sewer Improvements out to 381 A venue A buildmg permIt for theIr new building is antiCIpated in the spring. They have indicated they want to be open by January, 2005. In response to a questiOn from CommiSSIoner McNAMEE regardmg the temporary lot at Lutheran Hospital, Meredith Reckert explained this will accommodate constructiOn and employee parking that is being displaced by the new medical buildmg construction. ThIS IS being processed as an administrative amendment and staff is attempting to stay cognizant of neighborhood concerns. Alan White reported that there is a 5-year time hmit on the temporary lot. . 9. NEW BUSINESS . Alan WhIte reported that the December 18lh Planning CommISSiOn agenda will include RV regulations. Meredith Reckert reported that the interview process has begun to fill the planner technICian vacancy. . 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no commIttee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to adjourn the meeting at 7:55p.m. The motion passed unanimously. f() (luO.!) 111 (' A.1-'KQ~ Marian McNamee, Chair y:J / Planning Commission December 4, 2003 Page 4 INTRODUCED BY COUNCIL MEMBER Council Bill No. -2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT CODE PERTAINING TO THE EXPIRATION OF DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17) WHEREAS, the eXIsting language does not differentiate between the permitted types of site development approvals, WHEREAS, the planned development outline development plan IS the document which establishes zomng and should remain m effect in perpetuity, WHEREAS, the special use permit procedures have been modified by City CouncIl actIon, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoptIon of the followmg: Section 26-107. Expiration of development approval; reapplications. A Any prclimlOar)' or final approval of a sIte development shall expIre and become null and vOId If (1) for prcbmlOar)' approvals, an application for final approval is not filed v,ithin onc (1) ycar of such approval, or ~ For fiflal approvals, a Dmlding permit is flot issucd for thc work authorizcd wttftffi one (1) year from the date offinal apprO'. al. or if the work is ceased for a period of one hundred t'.venty (120) days or mom at any time after work is commenced. (1) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (2) If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. EXHIBIT 3 1 For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. For rezonmg, planned development and speclUl use final SItc development approvals, For special uses approved through a public hearing process, a public heanng before the city council m the manner reqUIred for final review shall be held to confirm whether the zonIng and lor permitted use of the property shall revert to that m place prior to the expired approval (3) Any Issued building permit shall expire if the work authorized IS not commenced wlthm sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. Section 2. Safety Clause. The City of Wheat Ridge hereby finds, determmes, and declares that thIs ordmance IS promulgated under the general polIce power of the City of Wheat RIdge, that It IS promulgated for the health, safety, and welfare of the public and that this ordInance is necessary for the preservation of health and safety and for the protectiOn of publIc convemence and welfare. The City Council further determines that the ordinance 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 junsdictIOn 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 ordmance, 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 to In thIS day of , 2004, ordered publIshed m full in a newspaper of general cIrCUlatiOn In the CIty of Wheat Ridge and Public Hearing and consideratiOn on final passage set for ,2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado 2 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading 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 GERAL DAHL, CITY ATTORNEY 1 ST pubhcatlon 2nd pubhcatlOn Wheat RIdge Transcript EffectIve Date 3 INTRODUCED BY COUNCIL MEMBER Council Bill No. 06-2004 Ordinance No. Series of 2004 Stites TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE EXPIRATION OF DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17) WHEREAS, the existing language does not differentiate between the permitted types of site development approvals, WHEREAS, the planned development outline development plan is the document which establishes zoning and should remain in effect in perpetuity, WHEREAS, the special use permit procedures have been modified by City Council action, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoptiOn of the following: Section 26-107. Expiration of development approval; reapplications. A. Any prehminary or final approval of a site development shall expire and become null and void if (1). For preliminary apprevals, aR applicatloB for final approval is not filed withiFl one (1 ) )'ear of such approval, or Rj For final apprO'.'als, a b\iilEiiBg permit is Bot iss\ied f-or the work authorized Withffi one (I) year from the date of final appro'lal. or if the work is oeased f-or a period of OBe hnndred twemy (120) days or mere at any time after work is commenced. (1) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (2) If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. 1 ATTACHMENT 2 For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted USe of the property shall revert to that in place prior to the expired approval. For rezoning, plar.ned development and special use final site de','elopment approvals, For special uses approved through a public hearing process, a pubhc hearing before the city council in the manner required for final review shall be held to confirm whether the zoning atld lor permitted use ofthe property shall revert to that in place prior to the expired approval. (3) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. 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 convenience and welfare. The City Council further determines that the ordinance bears a rations relation to the proper legislative object sought to be attained. Section 3. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invahd, such judgment shall not affect apphcation 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 in 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. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o in this 22nd day of March, 2004, ordered pubhshed in full in a newspaper of general Circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for April 12 ,2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado 2 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2004. SIGNED by the Mayor on this day of ,2004 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1ST bl' . PU icatlon: March 25, 2nd publication. Wheat Ridge Transcript Effective Date 2004 3 ITEM NO. ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE April 12, 2004 TITLE: COUNCIL BILL NO. 07-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (CASE NO. ZOA-04-01) D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS ~ ORDINANCES FOR 1ST READING (Date. April 12, 2004) D ORDINANCES FOR 2ND READING Quasi-Judicial. D Yes ~ No di~~ City~~ Community Development Director EXECUTIVE SUMMARY: Section 26-204 is the Commercial and Industnalland use table in the zoning and development code. The table designates which uses are pernntted, which uses are speCial uses and which uses are not allowed m the NC, RC, C-l, C-2 and I zone districts withm the city The existmg language was adopted when Chapter 26 was repealed and reenacted m February 2001 The following is a SynOpSiS of the proposed modificatiOns. 1 Banks, loan and finance offices have been changed from permitted uses to special uses. 2 Newsstands were removed from the category of bookstores, newsstands, stationery and card stores as they are listed separately as a permitted use. 3 NonreSidential counseling chmcs and offices were changed from permitted uses to special uses. 4 Medical and dental chmcs and laboratories were changed from permitted uses to special uses. 5 Pamt and wallpaper stores were removed as speCial uses in the NC zone distnct. 6 Tailonng, dressmakmg and clothmg alteration busmesses were changed from not permitted to permitted uses. ThiS modificatiOn also amends this use claSSification m the RC zone distnct from not permitted to permitted uses. Plannmg Commission reviewed this case at public hearings held on November 6, 2003 and February 19, 2004 A recommendation of approval was given. BOARD/COMMISSION RECOMMENDATION: Planning CommiSSion reviewed thiS request at a public heanng held on November 6,2003. At that meetmg the Commission made specific recommendatiOns, which were incorporated mto the land use table, as outlmed above. An additional public hearing was held regardmg this case on February 19, 2004 where a recommendation of approval was made for the followmg reasons: 1 It alleViates redundancy relative to newsstands. 2. It modifies the classification of high traffic generatmg uses such as banks and medical offices from permitted uses to special uses. 3. Less impactive uses such tallonng and dressmakmg have been added as permitted uses. There were no conditiOns attached to the approval recommendation. STATEMENT OF THE ISSUES: The mtent and purpose ofthe Neighborhood Commercial zone district is "to provide a reasonably compatible transitiOn between residential and more intenSive commercial land uses. It provides for resldential scale, neighborhood-oriented professional offices and services which, by their nature and through deSign hmitations, will promote neighborhood stabihty and protect neighborhood values and character". As staff was prepanng the hst for the NC zone distnct, issues considered were appropnateness for busmesses servmg a neighborhood and potential Impacts to nearly residences. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill. No. 07-2004, Case No. ZOA-04-01, an ordmance amending Chapter 26 ofthe Wheat Ridge Code of Laws pertammg to commerCial and mdustnalland uses, ordered published, pubhc hearing set for April 26, 2004, at 7.00 PM in the City Councll Chambers, and that it take effect 15 days after final publication." 2 Or, "I move to table indefinitely Council Bill No. 07-2004, Case No ZOA-04-01, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertammg to commercial and mdustrial land uses." Report Prepared by: Meredith Reckert, 303-235-2848 Reviewed by. Alan White Attachments: 1 February 19, 2004, Planning Commission report 2. Councll Bill No. 07-2004 CouncilActionfonn 3 City of Wheat Ridge Planning and Development Department Memorandum TO: Plannmg Commission ~/ FROM: .J:Meredlth Reckert SUBJECT: Case No ZOA-04-0l/Neighborhood Commercial Uses DATE: February 12, 2004 This Case is. Quasi-Judicial X Legislative Proper notice was given for this pubhc heanng. Background Attached are revIsions to the commercial and mdustnal use chart relative to the NC, Neighborhood Commercial zone distnct. On November 6,2003, Staff discussed proposed changes to the commercial use chart With Plannmg CommissiOn m regard to NC uses. Attached are copies of mmutes from November 6, 2003 The proposed changes have been mcorporated mto the chart as recommended by Planmng Commission. Changes proposed for the Commission's consideratiOn are shown m bold. DeletiOns are shown m strikethrough. Summary of Ordinance Changes The eXlstmg use chart has been amended as follows. 1. Banks, loan and finance offices have been changed from permitted uses to speCial uses. 2 Newsstands were removed from the category of bookstores, newsstands, statiOnery and card stores as they are listed separately as a permitted use. 3 Nonresidential counseling chmcs and offices were changed from permitted uses to speCial uses. 1 ATTACHMENT 1 4 MedIcal and dental chmcs and laboratones were changed from permitted uses to special uses. 5 Paint and wallpaper stores xvere removed as specIal uses III the NC zone distnct. 6 Tailoring, dressmakmg and clothmg alteratIOn busmesses were changed from not permitted to permItted uses. ThIs modificatIOn also amends this use classificatiOn m the RC zone distnct from not permItted to permItted uses. Staff Comments The mtent and purpose of the NeIghborhood Commercial zone dlstnct is "to provIde a reasonably compatible transItiOn between residential and more intenSIve commercIal land uses. It provides for residential scale, neIghborhood-oriented professional offices and services which, by theIr nature and through deSign limitatIOns, will promote neighborhood stability and protect neighborhood values and character" As staff was prepanng the list for the NC zone distnct, issues considered were appropnateness for busmesses serving a neighborhood and potentlal impacts to nearly resIdences. Recommended Motion "I move that Case No lOA-04-01, a proposed amendment to Chapter 26 of the Wheat RIdge Code of Laws regardmg the commercial and mdustrial zone distnct use schedule, be forwarded to City CounCIl with a recommendatlon of APPROVAL for the following reasons: 1 It alleVIates a redundancy relative to newsstands. 2 It modifies the classificatIOn of hIgh traffic generatmg uses such as banks and medical offices from permitted uses to speCial uses. 3 Less ImpactJVe uses such as tallonng and dressmakmg have been added as permitted uses." ExhibIts. 1 CommerCIal and Industnal zone district use schedule With amendments 2. Mmutes ofPlannmg ComnnssiOn meetmg dated 11/06/03 2 Sec. 26-204. Zone district use schedule. Table of Uses--Commercial and Industrial Districts Uses Noles NC RC C-1 C-2 I Adult entertainment In accordance with P P P establishments Wheat Ridge Code of Laws, Chapter 3 Ambulance services P P P P Amusement parks S P P Animal veterinary With outside runs; P P hospitals and clinics no cremation Animal veterinary Where there are S P P P P hospitals or clinics no outside pens or runs for dogs; no cremation Antique stores In NC & RC S P P P P Districts: Provided that no more than 200 square feet of building area shall be allocated to repair Apparel and See Footnote 1 S P P P P accessory stores !Appliance stores and P P P incidental service and repair !Art galleries or See Footnote 1 P P P P P studios Assembly halls and P P P convention facilities Auction houses S P P Auto service, repair See ~ 26-631 P P P and maintenance shops, minor Auto service, repair See ~ 26-631 S P P and maintenance shops, major ~utomobile and light- See ~ 26-628 S S S duty truck sales and rental ~utomotive parts and P P P supplies sales Bakeries, retail See Footnote 1 S P P P P See ~ 26-633 R$ P P P P Bed and breakfast Subject to P P P P P homes requirements set orth in ~ 26--608. Bicycle stores See Footnote 1 S P P P P Blueprinting, EXCLUDtNG. S P P P P photostatic copying Large printing, and other similar publishing and/or reproduction services book binding establishments EXHIBIT 1 Uses Notes NC RC C-1 C-2 f See Footnote 1 Boat, recreational See 9 26-628 S S S vehicle and trailer sales, rentals and service Body art S S S establishments See Footnote 1 S P P P p ~r<l Building contractor's See 9 26-629 S P P service shop and storage yard incidental to an office/showroom principal use. Business machine or See Footnote 1 S P P P P computer stores Butcher shops and EXCLUDING. P P P ood lockers Food processing Cabinet and S woodworldnQ shops Camera and See Footnote 1 S P P P P photographic service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit P P P P or caretaker or manager Carpet cleaning and S fumigating Carting, express, S hauling or storage yard Car wash, automatic S P P Car wash, coin S P P operated Caterers P P P Day care center, P P P large Day care center, P P P small " C-l, C-2& I RS p p p P INCLUDE. Residential at facilities. NC & RC EXCLUDES. Residential acilities ALL districts INCLUDE. Counseling and treatment for substance abuse and alcoholism 2 Uses Notes NC RC C-1 C-2 I Cold storage plant p p Commercial machine S p P shops Community buildings e.g.. YMCA.s, P P P P P YWCA's, churches, libraries, parl<.s, museums, aquariums and art galleries. Construction and See 9 26-629 P P heavy equipment sales, service, rental and storage Contractor's plant or S storaqe yard Dairy products stores See Footnote 1 S P P P P Day care center and p p p preschools, large Day care center and p p p preschools, small Department or variety p p p stores Drug stores p p p Eating S S S S S establishments, drive through Eating S p P P P establishments, sit down Electric transmission S S S S S and public utility substations Electrical motors and S armature regrinding shops Electrical supplies EXCLUDING. p P P and service Contractors storage yards Equipment rental Subject to S 26- P P P P agencies 628; in RC District: Outside storage and display prohibited Exterminators p p p p Farm equipment See S 26-628 P P sales, service and storage Floral shops See Footnote 1 S P P P P Furniture stores p p p Garden supply stores See Footnote 1 S P P P P Gift, novelty or See Footnote 1 S P P P P souvenir stores 3 ... Uses Notes NC RC C-l C-2 f Golf courses INCLUDES. P P P Private clubs, restaurants and lounges, driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises Governmental and No outside storage P P P P P quasi-govemmental buildings and offices, fire stations or public utility buildings Governmental and Outside Storage S S S P P quasi-govemmental buildings and offices, fire stations or public utility buildinQs Greenhouses and See 926-624 S S P P P landscape nurseries. retail Greenhouses and See 926-624 S P P landscape nurseries, rwholesale Grocery or See Footnote 1 P P P P P convenience stores, no Qas pumps Grocery stores which See Footnote 1 S S S P P may include no more than 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and P P P P P cosmetic services Hardware stores See Footnote 1 S P P P P Hobby and craft See Footnote 1 S P P P P stores Home furnishing p P P stores Home improvements P P P supply stores Hotels or motels for There shall be S S S transient occupancy 1,000 square feet of gross lot area lor each unit Ice plants p p Indoor amusement e.g.. Roller rinks, p P P and recreational bowling alleys, enterprises arcades and similar uses Indoor flea markets PROHIBITED: P p P Outdoor flea markets Interior decorating S p p P P shops Itinerant sales See 9 26-630 S S S 4 Uses NDtes NC RC C-l C-2 I Jewelry stores See FootnDte 1 S P P P P Kennels S Laundry and dry S S P P P cleaning shops Laundry and dry P P P P P cleaning pick up stations Leather goods and P P P luggage stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Lumber yards and Unenclosed P P P building supply stores storage of any materials shall be screened from view from adjacent properties and streets Manufacture of PROVIDED' An S vaccines, serums and antidote exists and toxins is readily available for such vaccine, serums or toxins; and approval of such manufacture is received from the state department of health and the county health department Manufacturing, See ~ 26-505, ~ P P processing, 26-631 and ~ 26- assembly, or light 123, definitions industrial operations Manufacturing, S abrication and/or processing Df concrete products Meat, poultry or See Footnote 1 S P P P P seafood stores Pharmacies and PS P P P P J:)f optical stores are accessory use Mini-warehouses for P P inside storage Mobile or modular See ~ 26-628 S S homes or building sales Mortuaries and S S S crematories Motor fueling stations S P P Motorcycle sales and See ~ 26-628 P P P service Music stores See Footnote 1 S P P P P 5 Uses Notes NC RC C-1 C-2 I Newsstands For the sale of P P P P P newspapers, magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P ~ See Footnote 1 S P P P P Parking of P P P automobiles of clients, patients and patrons of occupants of adjacent commercial districts Parking of not more See 926.019: 9 S S S than 3 commercial 26-123, definitions truck-tractors and/or semi-trailers When in conformance with the parking design standards set forth in 926-501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawn shops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P P Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING. P P P supply stores and Outdoor storage shops yards Printing, engraving S and other related production processes Private clubs, social P P P clubs, bingo parlors and similar uses Psychic advisors and S S S P similar uses Research P P laboratories, offices and other facilities for research 6 Uses Notes NC RC C-l C-2 I Residential group p P P P P and nursing homes and congregate care acilities for 6 to 8 elderly persons Residential group S S S and nursing homes and congregate care acilities for 9 or more elderly persons Residential group S S S home for children Residential uses in Such residential P P P P P existence on 3/11/97 uses may be extended, enlarged, and/or reconstructed so long as no additional dwelling units are created Residential uses in See 9 26-B26 P P P P P commercial zones Rooming and S S p P P boardinQhouses RV, boat, trailer and See 9 26-B28 P P travel trailer storage Sales, repair, rental P P and servicing of any commodity thai the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial Conducted entirely S S or business training, within an enclosed including vocational building trade or professional schools Schools: public; INCLUDES. Those S S S P P private colleges and uses commonly universities accepted as necessary Ihereto when located on the same premises Shoe repair shops P P P P P Shoe stores See Footnole 1 S P P P P Shops for custom See 9 26-631,9 p p work or for making 26-632 articles, materials or commodities to be sold at retail on the premises Sporting goods See Footnote 1 S P P P P stores Stone cutting or P P polishing works 7 Uses Notes NC RC C-t C-2 I Studio for p p p p p professional work or teaching of fine arts, photography, music, ~ p p p P P T avems, night clubs, P P P lounges, private clubs and bars Television, radio, See Footnote 1 S P P P P small appliance repair and service shops Temporary Christmas See 9 26-B27 P P P P tree, produce and bedding plant sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P T ov stores See Footnote 1 S P P P P Transit station, public S S S ~r private Upholstery shops p P P Video rentals See Footnote 1 S P P P P Warehousing and See 9 26-B31 P P outside storage Warehouse/office Maximum 75% S P P total area as warehouse: minimum 25% as total area as office Watch and jewelry P p P P P repair shops Woodworking or See 9 26-B32 S P P carpentry shops for the making of articles or sale upon the premises, such as cabinets or custom urniture Footnote. 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. Commercial and Industrial District Accessory Uses Notes Electric transmission or other public utility lines and poles, imgatiol1 channels, storm drainage and water supply facilities Food services Primarily for the occupants of a building containing a permitted use !when located within the same buildin<:l Residential uses in commercial zones See 9 26-B26 Outside storage or display See 9 26-B31 Key' P = Permitted Principal Uses S = Special Uses 8 r ... / Meredith Reckert commented that most of the present code enforcement regarding signs is complaint based and she thought enforcement would not be a problem. Commissioner McMILLIN stated that he felt it was important to address excess window signage which can cause problems with police enforcement when they are called to an establishment and are unable to see inside the building before going in. A vote was taken on the motion which passed 5-0 with Commissioners DAVIS and McNAMEE absent. Commissioner McMILLIN requested staff to prepare a report presenting options for the regulation of lights and lighted signs in regard to IlluminatIOn spread off the property, intensity of illumination and white backgrounds. There was a consensus of the CommissIOn to make this dlfectlOn to staff. Ms. Reckert replied that it would be many months before this could be researched and prepared. CommiSSiOner WITT suggested that staff look into regulations concernIng ballllers that are affixed to buildings. Some are attached by one comer to the buIlding and extend across parking lots, etc. B. Neiehborhood Commercial Uses This matter was introduced by Meredith Reckert. Planning Commission In February, 2003, requested a review of uses to be allowed in the Neighborhood Commercial zone district. There is very httle neighborhood commercIal use in the city; however, a vehicle IS needed to regulate those uses. Commissioner McMILLIN pointed out that newsstands are presently hsted in two categories: (I) bookstores, newsstands, statiOnery and card stores are a special use, (2) newsstands alone are a permitted use He suggested that newsstands be removed from the list for special use. He also beheved tallonng, dressmakIng or alteratIOn shops should be a permitted use as they have a low Impact on a neighborhood. Dairy stores and small bakeries were discussed. SuggeSl10ns were made that dairy stores should be permitted if under a certain square footage and small bakeries should be a permitted use (Vice Chair WEISZ declared a brief recess at 8:30 p.m. The meeting was reconvened at 8:35 p.m.) It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to include banks; medical and dental clinics, including laboratories, and clinics for nonresidential psychiatric counseling as special uses; include tailoring, dressmaking and alterations as a permitted use; and paint and wallpaper stores should not be permitted. The motion passed 5-0 with Commissioners DAVIS and McNAMEE absent. Planning Commission November 6, 2003 Page 3 EXHIBIT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. 07-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (CASE NO. ZOA-04-01) WHEREAS, the commefClal and mdustnalland use table specifies permitted and speCial uses in the commercial and mdustrial zone distncts m the City of Wheat Ridge, WHEREAS, redundancies in the table should be ehmmated, WHEREAS, several of the uses should be modified to meet the intent of the zone distnct categones, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the followmg: Sec. 26-204. Zone district use schedule. Table of Uses--Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Adult entertainment In accordance with P P P establishments Wheat Ridge Code of Laws, Chapter 3 !Ambulance services P P P P Amusement parks S Ip P Animal veterinary With outside runs; P P hospitals and clinics no cremation Animal veterinary Where there are S P P P P hospitals or clinics no outside pens or runs for dogs; no cremation Antique stores In NC & RC S P P P P Districts: Provided that no more than 200 square feet of buildino area shall ATTACHMENT 2 be allocated to repair Apparel and See Footnote 1 S P P P P accessory stores Appliance stores and p p p incidental service and repair Art galleries or See Footnote 1 P P P P P studios Assembly halls and p p p convention facilities Auction houses S p P Auto service, repair See S 26-631 P P P and maintenance shops, minor Auto service, repair See S 26-631 S P P and maintenance shops, major Automobile and light- See S 26-628 S S S duty truck sales and rental ,Automotive parts and P p P supplies sales Bakeries, retail See Footnote 1 S P P P P Banks, loan and See S 26-633 PS P P P P finance offices Bed and breakfast Subject to P P P P P homes requirements set forth in S 26-608. Bicycle stores See Footnote 1 S P P P P Blueprinting, EXCLUDING. S P P P P photostatic copying Large printing, and other similar publishing and/or reproduction services book binding establishments Uses Notes NC RC C-! C-2 I See Footnote 1 Boat, recreational See S 26-628 S S S vehicle and trailer sales, rentals and service Body art S S S establishments Book stores, See Footnote 1 S P P P P Ao'.\'sstands, stationery and card stores Building contractor's See S 26-629 S P P service shop and storage yard incidental to an office/showroom principal use. Business machine or See Footnote 1 S P P P P computer stores Butcher shops and EXCLUDING, P P P food lockers Food processinQ 2 Cabinet and S woodworkinq shops Camera and See Footnote 1 S P P P P photographic service and supplv stores Candy. nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit P p P P for caretaker or manaqer Carpet cleaning and S fumigating Carting. express. S hauling or storage yard Car wash, automatic S p p Car wash, coin S p P operated Caterers p p p Day care center, p p p larqe Day care center, p p p small Clinics and offices for C-1, C-2& I PS P P P P the counseling and INCLUDE. treatment of Residential psychological, social, facilities, marital, NC & RC developmental or EXCLUDES, similar conditions Residential facilities All districts INCLUDE. Counseling and treatment for substance abuse and alcoholism Uses Notes NC RC C-1 C-2 I Cold storage plant p p Commercial machine S p P shops Community buildings e,g.. YMCA's, P P P P P YWCA's, churches, libraries, parks, museums. aquariums and art galleries, Construction and See 926-629 p p heavy equipment sales, service, rental and storage Contractor's plant or S storage yard Dairy products stores See Footnote 1 S P P P P Day care center and p p p preschools, large Day care center and p p p preschools. small 3 Department or variety p p p stores Drug stores P P P Eating S S S S S establishments, drive through Eating S P P P P establishments, sit down Electric transmission S S S S S and public utility substations Electrical motors and S armature regrinding shops Electrical supplies EXCLUDING. P P P and service Contractors storaqe yards Equipment rental Subject to 9 26- P P P P agencies 628; in RC District: Outside storage and display prohibited Exterminators P P P P Farm equipment See 9 26-628 P P sales, service and storage Floral shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P P P P Gift, novelty or See Footnote 1 S P P P P souvenir stores Uses Notes NC RC C-1 C-2 I Golf courses INCLUDES. p P P Private clubs, restaurants and lounges, driving ranges, and those uses cornmonly accepted as accessory thereto when located on the same premises Governrnental and No outside storage P P P P P quasii)overnmental buildings and offices, fire stations or public utility buildings Governmental and Outside Storage S S S P P quasii)overnmental buildings and offices, fire stations or public utility buildinqs 4 Greenhouses and See S 26-624 S S p p p landscape nurseries, retail Greenhouses and See S 26-624 S P P landscape nurseries, wholesale Grocery or See Footnote 1 P p p p p convenience stores, no gas pumps Grocery stores which See Footnote 1 S S S P P may include no more than 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and P P P P P cosmetic services Hardware stores See Footnote 1 S P P P P Hobby and craft See Footnote 1 S P P P P stores Home furnishing P P P stores Home improvements P P P supplv stores Hotels or motels for There shall be S S S transient occupancy 1,000 square feet of gross lot area for each unit Ice plants p p Indoor amusement e.g.. Roller rinks, P P P and recreational bowling alleys, enterprises arcades and similar uses Indoor flea markets PROHIBITED p P P Outdoor flea markets Interior decorating S P P P P shops Itinerant sales See S 26-630 S S S Uses Notes NC RC C-1 C-2 I Jewelry stores See Footnote 1 S P P P P Kennels S Laundry and dry S S p p p cleaninq shops Laundry and dry P P P P P cleaning pick up stations Leather goods and P P P luqgaqe stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Lumber yards and Unenclosed P P P building supply stores storage of any materials shall be screened from 5 view from adjacent properties and streets Manufacture of PROVIDED' An S vaccines, serums and antidote exists and toxins is readily available for such vaccine, serums or toxins; and approval of such manufacture is received from the state department of health and the county health department Manufacturing, See 9 26-505; 9 P P processing, 26-631 and 9 26- assembly, or light 123, definitions industrial ooerations Manufacturing, S fabrication and/or processing of concrete products Meat, poultry or See Footnote 1 S P P P P seafood stores Medical and dental Pharmacies and PS P P P P offices, clinics or optical stores are laboratories accessory use Mini-warehouses for P P inside storage Mobile or modular See 9 26-628 S S homes or building sales Mortuaries and S S S crematories Motor fueling stations S P P Motorcycle sales and See 9 26-628 P P P service Music stores See Footnote 1 S P P P P Uses Notes NC RC C-1 C-2 I Newsstands For the sale of P P P P P newspapers, magazines, etc, Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P facilities Paint and wallpaper See Footnote 1 " P P P P stores Parking of P P P automobiles of clip.of, nafip.nf' ann 6 patrons of occupants of adjacent commercial districts Parking of not more See S 26-619; S S S S than 3 commercial 26-123, definitions truck-tractors and/or semi-trailers When in conformance with the parking design standards set forth in S 26-501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawn shops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P P Picture framina shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING. P P P supply stores and Outdoor storage shops Iyards Printing, engraving S and other related production processes Private clubs, social P P P clubs, bingo parlors and similar uses Psychic advisors and S S S P similar uses Research P P laboratories, offices and other facilities for research Uses Notes NC RC C-1 C-2 I Residential group P P P P P and nursing homes and congregate care facilities for 6 to 8 elderly persons Residential group S S S and nursing homes and congregate care facilities for 9 or more elderly persons Residential group S S S home for children Residential uses in Such residential P P P P P existence on 3/11/97 uses may be extended 7 enlarged, and/or reconstructed so long as no additional dwelling units are created Residential uses in See 9 26-B26 P P P p P commercial zones Rooming and S S p p p boardinghouses RV, boat, trailer and See 9 26-B28 p P travel trailer storage Sales, repair, rental P p and servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial Conducted entirely S S or business training, within an enclosed including vocational building trade or professional schools Schools: public; INCLUDES. Those S S S p p private colleges and uses commonly universities accepted as necessary thereto when located on the same premises Shoe repair shops P P P P P Shoe stores See Footnote 1 S P P P P Shops for custom See 9 26-B31 , 9 P P work or for making 26-632 articles, materials or commodities 10 be sold at retail on the premises Sporting goods See Footnote 1 S P P P P stores Stone cutting or P P polishing works Uses Notes NC RC C-1 C-2 I Studio for P p P P P professional work or teaching of fine arts, photography, music, drama or dance Tailor, dressmaking p p p p p or clothing alteration shops Taverns, night clubs, P P P lounges, private clubs and bars Television, radio, See Footnote 1 S P P P P small aooliance reoair 8 and service shops Temporary Christmas See ~ 26-627 P P p P tree, produce and bedding plant sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P P Transit station, public S S S or private Upholstery shops P P P Video rentals See Footnote 1 S P P P P Warehousing and See ~ 26-631 P P outside storage Warehouse/office Maximum 75% S P P total area as warehouse; minimum 25% as total area as office Watch and jewelry P P P P P repair shops Woodworking or See S 26-632 S P P carpentry shops for the making of articles for sale upon the premises, such as cabinets or custom furniture Footnote 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts Commercial and Industrial District Accessory Uses Notes Eleclric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Food services Primarily for the occupants of a building containing a permitted use when located within the same building Residential uses in commercial zones See S 26-626 Outside storage or display See G 26-631 Key' P = Permitted Principal Uses S = Special Uses Section 2. Safetv Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordmance IS promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that thIS ordinance is necessary for the preservatiOn of health and safety and for the protectiOn of public convemence and welfare. The City Council further determmes that the ordmance bears a rations rei allan to the proper legislative object sought to be attained. 9 Section 3. Severability. If any clause, sentence, paragraph, or part ofthis Zomng code or the applicatIOn thereof to any person or CIrcumstances shall for any reason be adjusted by a court of competent JunsdictiOn mval1d, such Judgment shaH not affect applIcation to other persons or Circumstances. Section 4. SupersessIOn Clause. If any provision, reqUirements or standard estabhshed by this ordmance is found to conflict with similar provisions, reqUirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are m eXistence as of the date of ado phon of thIS ordmance, the provisiOns, requirements and standards here shall supersede and prevail. Section S. This ordinance shall take effect 15 days after final publicatiOn. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of to m this day of , 2004, ordered published in full in a newspaper of general circulahon in the City of Wheat Ridge and PublIc Heanng and consideration on final passage set for ,2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of to , thiS day of , 2004 SIGNED by the Mayor on thIS day of ,2004 GRETCHEN CERVENY, MAYOR ATTEST. Pamela Y Anderson, CIty Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1 ST publication: 2nd publ1catlon. 10 Section 3. Severabil1tv. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or Clrcumstances 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 estabhshed by this ordinance is found to conflict with similar provisions, requirements or standards found elsewhere In the Code of Laws of the City of Wheat Ridge, whIch are In existence as of the date of adoptiOn of this ordmance, the provisions, reqUirements and standards here shall supersede and prevail. Section S. This ordInance shall take effect 15 days after final publicatiOn. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of to in thIS day of , 2004, ordered published in full in a newspaper of general circulatlon in the CIty of Wheat Ridge and Public Heanng and consideration on final passage set for ,2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of to , thiS day of , 2004 SIGNED by the Mayor on this day of ,2004. GRETCHEN CERVENY, MAYOR ATTEST Pamela Y Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1 ST publicatiOn. 2nd pubhcatiOn. 10 ITEM NO: 5. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 12,2004 TITLE: CHIEF EDWARD PINSON MEMORIAL o PUBLIC HEARING [8] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes [2] No ~~~ City M r ~ EXECUTIVE SUMMARY: Edward Pinson was the first Police Chief for the City of Wheat Ridge and served in that capacity until his retirement in 1982. Edward Pinson recently passed away and a request has been made for a memorial in his honor. It is recommended that the driveway leading into City Hall from W. 29th Avenue be named in honor of Ed Pinson; i.e. Pinson Place. In addition to "Pinson Place", it is recommended that a plaque and portrait honoring Mr. Pinson also be placed in City Council Chambers. Attachment 1 is a letter received from retired Commander Edward Ray regarding a memorial to Edward Pinson. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: To not approve the proposed memorial or to denote another memorial for Chief Edward Pinson. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "In honor of and as a memorial to Chief Edward Pinson, the first Police Chief for the City of Wheat Ridge, I move that the driveway leading into City Hall from W. 29th Avenue be named "Pinson Place". I also move that a plaque and portrait of Chief Pinson be placed in City Council Chambers. I further move that a discussion of memorials be placed as an agenda item on a future City Council Study Session in order that guidelines and procedures be developed for future memorials." or, "I move to deny the proposed memorial for the following reason(s) " Report Prepared by: Debbie Meixner (303-235-2819) Attachments: 1. March 24, 2004 Letter from Retired Commander Edward Ray fr-y;, r.... J.! rv'f<:; D Randy Young City Manager City of Wheat Ridge 7500 W. 29th. Ave. Wheat Ridge, Colorado 80033 MAR 2 9 2004 'BY: March 24, 2004 Dear Manager Young, Thank you for taking the time to discuss with me and exchange ideas regarding a fitting memorial to Chief Edward Pinson who has recently passed away. As you know, Edward Pinson was the first Police Chief for the City of Wheat Ridge serving in that capacity until his retirement in 1982. Chief Pinson continued his service to Wheat Ridge and the Wheat Ridge community following his retirement in several other capacities up to the time of his death. Chief Pinson in every capacity he served always strived to help in any way to make Wheat Ridge a great place to live and work. I know from conversations that I have had with community members, current and past city officials and others who knew or served with the Chief that there is a strong interest and a desire for a memorial to honor his role as a framer of Wheat Ridge City policies, practices and values and of course building a strong foundation and framework for it's police department. As, there IS a great deal of historical facts regarding Chief Pinson's service, that a declining number will recall in the future, to honor him in this fashion and memorialize his dedicated service to the City would be something that past, present and future personnel and citizens can all reflect upon for years to come and is a right thing to do. I have discussed with several people different ideas, and there is a very strong sentiment for one specific idea. That idea IS to name the driveway from W.29th Ave. that leads into and circles around and back out of the City hall complex and police department in his honor. IE: Edward Pinson Drive, Pinson Circle, or some equal derivative. I believe that this truly honors his contributions to the City that he helped build. As we discussed, another suggestion might be to add hiS name to, creating a co-naming of the pollce building, joimng that of another great past city leader Chief Building Inspector Jack Prose, of which the police building was previously named. As Chief Pinson and Mr Prose were extremely close friends and associates and knowing both of them, I am sure that it would not be a dishonor to either to share in this. However I believe that Chief Pinson for reasons known to him and a very few others, had a great deal to do with the naming of the police building after Mr. Prose and for that reason I think that it is best to leave that honor for Mr. Prose. It has also been discussed that a plaque giving a description of his contributions to the City of Wheat Ridge, and or a portrait strategically placed in the city complex would be a fitting honor, and I agree, but again I believe that because of Chief Pinson being very instrumental in the design and development of the original complex on W.29th Ave., that includes the City hall, the ATTACHMENT 1 council chambers and courts and of course the police building that a plaque and portrait along with the naming of the driveway would be the best tribute and a fitting and a great honor to him. If there are any concerns as to costs I assure you that I can and will arrange contributions to cover them, although I would hope that the City would find it within its self to make a commitment for the small amount of dollars that will be needed to honor this extraordinary man. I stand at the ready to meet with you, members of any departments and commissions and the City Council to discuss this project that I believe is most worthy of a City that he spent so much of his time serving. Please feel free to call me at my office during the week or at my home weekends and evenings should you need to speak with me. Again, I thank you for your time and support, ard ay mmander - Retired Wheat Ridge Police Department Home Phone 303-422-6975 Office Phone 303-764-3476 c- Beulah Pinson and Family Page 2 of2 DATE: April 12, 2004 GENERAL AGENDA ITEM COMMENT ROSTER ANY PERSON MAY SPEAK CONCERNING dIIliiI~~ EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. ~~~~~\~':;~_ ; ..~ ~'-, ,,,'!-.,, r: -1.~~ -; -~ ~<::- I\vy, mo,\ jreY\ NO. PUBLIC COMMENT ROSTER DATE: April 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 PRINT!!!!!!!! ( C NAME ADDRESS TOPIC ~f~J--- i: =- --r //-:27- <: S' 5'?<<2 l-l-W1A1 ;L--D , ,'LT~~ fC ~ ~ /7 -----::> , A " - -----=- -=-ff-- ./ - v ~ ,- - CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. PUBLIC BEARING BEFORE THE WHEAT RIDGE CI"rY COUNCIL CASE NO. ZOA-03-14 COUNCIL BILL NO. 05-2004 TITLE: COUNCIL BILL 05-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT DISTRICT REGULATIONS (Case No. ZOA-03-14) ..... -n 111k!8111!' ....,~ YOUR NAME AlIID ADDRESS CHECK IN FAVOR OPPOSED , IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGE! CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.3. PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. ZOA-03-17 TITLE: COUNCIL BILL NO. 06-2004 COUNCIL BILL 06-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO EXPIRATION OF DEVELOPMENT PLANS. (Case No ZOA-03-17) YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED . IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl CITY OF WHEAT RIDGE, COLORADO April 12, 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 p.m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Roto/a, Wanda Sang, Larry Schulz, and Mike Stites 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 March 22, 2004 Motion by .1'l,rv tnT-:t Ill; rr- tio- tt"'"'~~ to approve the Minutes of March 22, 2004, seconded by ~ carried ~ ~ C . PROCLAMATIONS AND CEREMONIES Mayor Cerveny presented the proclamations for -L C' f U -c St..JA fJ-c (lofl>1 O..k~,- Crime Victims' Rights Week - April 18-24, 2004 - 11/ uti" cr J National Kite Week - April 19 through April 25, 2004 CITIZENS' RIGHT TO SPEAK "'-" A. Paul Dextras, Fire Chief, Arvada Fire Protection District, -:--- I ") j ~ elL! S~Lc\Aj APPROVAL OF AGENDA .- CITY COUNCIL MINUTES April 12, 2004 Page -2- Item 1. Consent Agenda: A. Approve Award ITB-04-009 Concrete Rehab Project. B Approve Award ITB-04-010 Overlay Project. C Approve Award RFB-04-007 Trailer Mounted Brush Chipper. D. Approve Award ITB-04-013 Clear Creek Trail Improvements. E. Approval of the Revised Personnel Policies Consent Agenda was introduced and read by MI' lJ, T..d lcu . Motion by H. Vt \11 \\1 e' to approve the Consent Agenda as printed, seconded by Grt:.~'._,) / carried J ~ c ~ ' PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 05-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNED DEVELOPMENT DISTRICT RE9ULATIONS. -n. (Case No ZOA-03-14) ( .~ c{ I AA C1 ( { '\J c'\' \ Q' Council Bill 05-2004 was introduced on second reading by Ms Berry; title and executive summary read by -'{7 \\..1<; ex ....\11.~ Hs AvWY;;~1A.. Ct-ni:YLtd C\tLiVV""cC \"v~ t '\D {{,,^-tv 1h\1.L(yt ~ ...1 "",II, I~' presented the staff report. ''''9'-' ~ S'ee (l-k-c\.\z-~-e.:Ji(' IiVlutll)~ ( Avv\Cl"~Y\t~\X II l, Gn':1.<<J SU.C0-l.; \ ft....V"l/Ii..(,I,!W\lvvl J* to / , $:l,Ii';'j , r-t: h-GL . sc.~j,'~ <-" AYV.01ctWlC,\t !I :5 \2-c tv-{;, <;lCULi-tcbC Motion by Ms Berry to approve Council Bill 05-2004 (Ordinance No. \? 1'1 second reading, and that it take effect 15 days after final publication, seconded by t '\ V <; - S:t\.~}"'" , carried S'~' V . \ ''',Ii S' -0 . ~ 'c. . 3 ~"D ) on MotIOn to add the followmg amendment to the mam motiOn '.1 move to amend the maIn motIOn to make the follOWIng change to the ordInance 1 Delete Subsection A, ApplIcabilIty, of SectIOn 26-306 5 (Planned Mixed Use Development Dlstnct) and that the subsequent subsectIOn be re-lettered accordmgly" .!~ I '''Yf ' -I / v MotIOn to amend mam motion to address ApplicatIOn of Standards "'I move to amend the mam motion to add the followmg language to SectIons 26-309 F and G F To vary from the nl1mmum development standards estabhshed on a recorded outhne development plan, an amended outlme development plan IS reqUIred when the variance is less than the established minimum. No amendment is required if the variance is greater than the established minimum standard. G To vary from the mmllTIUm development standards estabhshed on a recorded final development plan, an amended final development plan IS reqUIred when the variance is less than the established minimum. No amendment is required if the variance is greater than the established minimum standard." ! -r --1--' j 0 , / , \\' /1 1\ .I MotIOn to amend mam motJon to address ApplicatIOn of Standards ~ ..\ move to amend the main motIon to add the followmg language to SectIons 26-309 F and G F To vary from the mmlmum development standards estabhshed on a recorded outlme development plan, an amended outline development plan IS reqUIred when the variance is less than the established minimum. No amendment is required if the variance is greater than the established minimum standard. G To vary from the mInimum development standards estabhshed on a recorded final development plan, an amended final development plan IS reqmred when the variance is less than the established minimum. No amendment is required if the variance is greater than the established minimum standard." / 1 . ~. t - Md --t\ 'e:.. -\-O\\00~' "<j --1 C \JL1'~~( Dph ~ ~ . . -n\\~ \-""))'0'0\ S \0\"\ Qt( tJ \lei\" C'~t'IJ TC' \ ec, \..1\ {C \ {\( 6 ')t" ~ \ \'Z:>Tccl v\'.ctc'('" .. ..t\."k, ck- J \J ~-J \.x\\J\S-\ Cn ~ c.:.\ \.... \c \ \ 01: S (I /1 -r CITY COUNCIL MINUTES, April 12, 2004 Page -3- Item 3. COUNCIL BILL 06-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO EXPIRATION OF DEVELOPMENT PLANS (Case No lOA-03-17) Council Bill 06-2004 was introduced on second reading by Mr Stites, title and executive summary read by , : (;IA.. k~h1.~v--' Hell-u.Vl h, ~[(. kl,-f presented the staff report. Motion by Mr Stites that Council Bill 06-2004 (Ordinance I B 2, ) be approved on second reading, and that it take effect 15 days after final publication, seconded by ~.' carried 8 ----0 ' 0 ORDINANCES ON FIRST READING Item 4 COUNCIL BILL 07-2004 -AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (Case No lOA-04-01) Council Bill 07-2004 was introduced on first reading by (LIs i?cV1-'l-Q Motion by to approve Council Bill 07-2004, Case No lOA-04-01, on first reading, ordered published, public hearing set for April 26, 2004, at 7.00 p.m in the City Council _ Chambers, and that it take effect 15 days after final publication; seconded by ; 1.1.'J/' carried 8' - [J . DECISIONS, RESOLUTIONS, AND MOTIONS Item 5. Chief Edward Pinson Memorial Item 5 was introduced by . M ~ 'S {~\..e <; n" [~ e L c'\v'"C., 'Y,-,I':l-\A.,\'l:u. '"j '..c: ) \ 4(.l l-lloJ VCv I"'~ Lll<-(t,-, \ ...... Motion by t\~... Si-; k-J that in honor of and as a memorial to Chief Edward Pinson, the first Police Chief for the City of Wheat Ridge, the driveway leading into city Hall from West 29th Avenue be named "Pinson Place" I also move that a plaque and portrait of Chief Pinson be placed in City Council Chambers. ~N \0 / '-" CITY COUNCIL MINUTES April 12, 2004 Page -4- I further move that a discussion of mpn1oriols-re-pfacea-as an agenda item on a future City Council Stu~ioornorder that guidelines and procedures beoov.e191'ed for future memorIals, -- seconded by , -7 carried S~ ,- [ , CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ,\-J - rJC( ~ L{i (C'i----- - M,-t,'c\.., 1,.-/1--{ 10. D;(v"llt t} i z: C'd. j <,'''Y!.--\Q, '2=,ACt.>L\ 11t-c 0C <~ S IU---~ Sc'\'~) (;,{'t-<,-"L<'-A S' /2 Meeting adjourned at p m Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON 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 I ~ o-T' _ ~O,,\\'nO \v",\cLY \ \"2'; ~ W 0>1 - Av.",u- ~ \~~u ~1~" "\1.<1' M,(flll{IlV~ . ~ -rL (l ~I ,Or:, '-'- -tu .u-<:*-'~ ~ ~U' \~ '''~. W'" -h' (I'IC. . ' I ':t:' I", h "" '" }.,.J,,, \ ) . ';, k /J"~ "Vv" 'f<,.,;) . ~ .(' 1 'J ,,~"O l\o,.- (..~' .' 1"'1 PC~ ,\,\o.c DC"" .i2 ) o\~ 1\ "- Sf"'^ ^,-c. ~ ;;~rr \:Y [~Lc. +-1""'') ,J",) C leY" C <p,t. 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