HomeMy WebLinkAbout05/10/2004
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
Mav~, 2004 1'\1\ \ QJv\ / nt' \ It \ (~Gl r
7:00 p.m. ~ 6 (~
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF Mav 10. 2004
PROCLAMATIONS AND CEREMONIES
National Cancer Survivors Day - June 6, 2004
CITIZENS' RIGHT TO SPEAK
- 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.
APPROVAL OF AGENDA
ORDINANCES ON FIRST READING
Item 1.
COUNCIL BILL 11-2004 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF REZONING FROM RESIDENTIAL-ONE TO PLANNED
COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10135
WEST 38TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
(Case No WZ-04-01) (Doctor Mike Freimuth)
CITY COUNCIL AGENDA: May 24, 2004
Page -2-
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 2.
Award ITS-04-020, 2004 Miscellaneous Streets Improvement Project.
Item 3.
RESOLUTION 13-2004 -A RESOLUTION AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
WHEAT RIDGE AND THE CITY OF ARVADA FOR THE PURPOSE OF
COOPERATIVE PLANNING AND REVENUE SHARING IN REGARDS
TO THE ARVADA RIDGE PROJECT.
Item 4.
Wheat Ridge Foundation Appointment.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
Mav 10. 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 Rotola, 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 April 26. 2004
Motion by Mr DiTullio for the approval of the Minutes of April 26, 2004; seconded by
Mrs Sang; carried 8-0 Mrs. Anderson asked Council to re-vote since Mrs. Rotola was
absent at the April 26th Council meeting, and would need to abstain Carried 7-0 with
Mrs. Rotola abstaining.
PROCLAMATIONS AND CEREMONIES
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Mayor Cerveny read the Proclamation for the 35th Annual Municipal Clerks Week - May
2 through May 8, 2004.
City Clerk Pam Anderson accepted the proclamation and said that as a fledgling Clerk
of 6 months she has really enjoyed the office and learned a lot. She wished to recognize
the Colorado Municipal Clerks Association. They are a tight-knit and knowledgeable
group of professionals. She also wished to thank the staff in the Clerk's Office in
assisting her in her transition, and she thanked Councilor Sang, former City Clerk of 21
years for her support.
CITIZENS' RIGHT TO SPEAK
No citizens wished to speak under this item
APPROVAL OF AGENDA as printed.
Item 1.
Consent Agenda:
A. Approve Pedestrian Lighting Installation for the Kipling Street
Pedestrian Improvements Project.
Consent Agenda was introduced and read by Mrs. Rotola. Motion by Mrs. Rotola for
approval of the Consent Agenda; seconded by Mrs. Sang
CITY COUNCIL MINUTES: May 10, 2004
Page -2-
Louise Turner, 11256 West 38th Avenue, is opposed to this item. She stated that she
did not feel that this item should be under the Consent Agenda. She also feels
disappointed that the Council is acting on what she feels is an urban improvement, and
that the funds would be better spent elsewhere.
Motion carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
Public Hearing on Street Width Designation for West 34th Place, Teller to
Reed Street.
Mr. DiTullio introduced item 2. Pam Anderson read the executive summary and
statement of the issues.
Tim Paranto, Director of Public Works, presented the staff report.
Chris Wallner asked questions regarding the extent of the curb and sidewalk on Reed
Street. He feels that if the curb were to extend up Reed Street it would damage the
character of the street.
Larry Merkl stated that he had no further comment because his concerns had been
addressed.
John Brand also had questions about the extent of the sidewalks and curbs
Mr. Paranto answered the questions asked by the public regarding the extent of the
sidewalks and curbs on Reed Street. Mr. DiTullio asked Mr Paranto to explain to the
public why we are going from 2 % ft to 4 ft, what the law is on that and why we are doing
that. Mr. Paranto explained that the law requires that all new sidewalks being
constructed be handicapped accessible, which means that a wheelchair must be able to
traverse the sidewalk and wheelchairs can't fit on a 2-% ft Section of sidewalk. This is
federal law. Mr. DiTullio also asked if neighborhood meetings had been held to discuss
this Answer was yes.
Motion by Mr. DiTullio that street widths be established for 34th Place, from Teller to
Reed Street, as recommended by the Public Works Department; seconded by Mrs.
Rotola; carried 8-0.
Mr. DiTullio clarified that the actual plan and budget for this project would be brought
back to Council at a later date.
CITY COUNCIL MINUTES: May 10, 2004
Page -3-
Item 3.
COUNCIL BILL 08-2004 - AN ORDINANCE AMENDING SECTION 26-
103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW
PROCESS.
(Case No. ZOA-04-3)
Council Bill 08-2004 was introduced on second reading by Mr. Stites Ordinance No.
1323 was assigned. Pam Anderson read the executive summary
Alan White presented the staff report.
Charles Durbin, 3703 Ames Street, is all for going back to where we were The
approval of the plating and the Special Use shall be deemed granted on the date that
the Colorado Department of Transportation provides written approval of the access
permit for the proposed access on Sheridan Blvd. He wanted to know if this is passed
tonight if it negates both the Special Use and Consolidation Plat from that time.
Mr Dahl answered no, it doesn't.
Mr. DiTullio asked Mr. White for the record if it is his recommendation from the staff
level that this part of the Code be stricken and we go back to the original section of the
Code. Mr White replied, yes, it is.
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Motion by Mr. Stites to approve Council Bill 08-2004 (Ordinance No. 1323) on second
reading and that it take effect 15 days after final publication; seconded by Mr. DiTullio;
carried 7-1 with Mr. Gokey voting no
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 ZOA-04-01) (Ordinance 1322)
PUBLIC HEARING CONTINUED FROM APRIL 26, 2004.
Alan White, Director of Community Development, presented a brief staff report and
answered Councilmembers' questions
Motion by Ms. Berry to approve Council Bill 07-2004 (Ordinance No. 1322) on second
reading, and that it take effect 15 days after final publication, seconded by Mr. DiTullio.
Motion by Mr. DiTullio to amend to allow Medical and dental clinics and laboratories be
kept as permitted uses in the NC zone district; seconded by Mrs. Sang; carried 8-0.
Motion by Mr. DiTullio to amend to allow banks, loan and finance offices be kept as
permitted uses in the NC zone district; seconded by Mr Gokey; carried 7-1 with Mrs.
Sang voting no.
CITY COUNCIL MINUTES: May 10, 2004
Page -4-
Motion by Mr. DiTullio to amend to remove newsstands from the category of
bookstores, newsstands, stationery and card stores; seconded by Mrs. Rotola; carried
8-0.
Original Motion as amended carried 8-0.
Item 5.
COUNCIL BILL 09-2004 - AN ORDINANCE AMENDING CHAPTER 24
"TREES AND SHRUBS" OF THE WHEAT RIDGE CODE OF LAWS.
Council Bill 09-2004 was introduced on second reading by Mr. DiTullio Ordinance No.
1324 was assigned Pam Anderson read the executive summary and the statement of
the issues
Motion by Mr. DiTullio to approve Council Bill 09-2004 (Ordinance No. 1324) on second
reading, and that it take effect 15 days after final publication; seconded by Mrs. Sang;
carried 8-0.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 6.
RESOLUTION 10-2004 - A RESOLUTION IN SUPPORT OF AN
EQUITABLE ALLOCATION OF STATE AND FEDERAL
TRANSPORTATION DOLLARS TO THE METROPOLITAN DENVER
REGION.
Mr Schulz introduced Resolution 10-2004 and read the executive summary.
Motion by Mr. Schulz to approve Resolution 10-2004, seconded by Mrs. Rotola; carried
8-0.
Item 7.
RESOLUTION 11-2004 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY
DEPARTMENT OF HEALTH AND ENVIRONMENT FOR COOPERATIVE
MOSQUITO MANAGEMENT PROGRAM
Mrs Adams introduced Resolution 11-2004.
Motion by Mrs. Adams to approve Resolution 11-2004, authorizing the Mayor to sign
and execute and the City Clerk to attest an Intergovernmental Agreement with Jefferson
County and Jefferson County Department of Health and Environment for the prevention
and control of mosquitoes in an amount not to exceed $8,730; seconded by Mr. Gokey;
carried 8-0
Item 8.
RESOLUTION 12-2004 - A RESOLUTION SUPPORTING THE USE OF
FACILITATION AND MEDIATION SERVICES
Mrs Sang introduced Resolution 12-2004 Pam Anderson read the executive summary.
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Motion byMr. DiTullio to I:lpprove Resolution 12-2004; seconded by Mrs. Rotola and Mr.
Schulz; carried 8-0.
CITY COUNCIL MINUTES' May 10,2004
Page -5-
CITY MANAGER'S MATTERS
Randy Young reminded citizens to eliminate or treat standing water on their property to
combat mosquitoes carrying the West Nile Virus. We have further information on our
website, also on the County and State websites.
CITY A TTORNEY'S MATTERS
Gerald Dahl asked Council to make a motion to hold an Executive Session.
ELECTED OFFICIALS' MATTERS
Mayor Gretchen Cerveny thanked Mr. Gokey for covering for her on Arbor Day She
reminded everybody of the Memorial Day Ceremony on Friday, May 28 at 11'00 a.m. at
our All Veterans Memorial in Hayward Park.
Larry Schulz enjoyed the Arbor Day ceremony and the tree tour. He found it amazing
that we have 57 varieties of trees on that site
Dean Gokey thanked the Mayor for affording him the opportunity to participate in the
Arborist Day function at the Richards Hart Estate He also thanked Pam Anderson for
her hard work in supplying him with all the correct information so when he went there he
was organized. He thanked Joyce Manwaring and her staff for putting together a well
done celebration.
- He thanked Pam Anderson for putting together his presentation at the opening of
Creekside Park. He threw out the first pitch there
He was informed by a neighbor that one of the Wheat Ridge Little League Baseball
teams took first place and that will allow them to go up to the Triple Crown in
Steamboat, a very prestigious tournament for the kids participating.
He thanked fellow Councilmembers for putting together the First Monday meeting,
where Police Department staff came over and gave a presentation for the people
Wanda Sang thanked her fellow District I Elected Officials for allowing them to hold a
joint First Monday meeting with District" They had such a good turnout that they are
proposing on doing another combined District I and II meeting for the First Monday in
June. Their presentation will be from Joyce Manwaring on Parks and Recreation and a
discussion about the possibility of developing the Kendall Park. Anyone in that area of
Kendall and 44th should come and have some input.
Karen Adams reminded everyone that we are starting again to have our concerts in the
Park, watch Channel 8 for details The Wheat Ridge Chorale is coming up with another
performance as well, she doesn't have the date. District III and IV are having a meeting
in June and are possibly having a presentation on the West Nile Virus information.
They also want to have a Fire Department presentation and want the community to tell
them what they would like to hear, any information they would like to have.
Mike Stites reminded people to take pride in their community and watch the weeds and
help the elderly.
CITY COUNCIL MINUTES: May 10, 2004
Page -6-
Motion by Mr. DiTullio to hold an Executive Session with the City Attorney under Charter
Section 5.7(b)(1) and Section 24-6-402(4)(B) C R.S., specifically legal advice
concerning State Statutes on Gun Control and potential litigation concerning Ordinance
No. 1223, Series of 2003. I further move to adjourn the Council Meeting at the
conclusion of the Executive Session; carried 8-0.
EXECUTIVE SESSION WAS HELD.
Meeting adjourned at 8:52 p.m.
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Pamela y.cAn ~rson, City Clerk
,
APPROVED BY CITY COUNCIL ON MAY 24,2004 BY A VOTE OF _ to_
Wanda Sang, Council President
The preceding Minutes were prepared according to 947 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.
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PROCLAMATION
NATIONAL CANCER SURVIVORS DAY
June 6, 2004
WHEREAS, a "cancer survivor" is defined as anyone living with a history of cancer -
from the moment of diagnosis through the remainder oflife, and there are 9 6 million
cancer survIvors in America, and
WHEREAS, since over I 3 new cancer cases will be diagnosed in the United States this
year, increased access to quality cancer care, screening and prevention - especially
among minorities and the medically underserved ~ must be a top priority in our
community; and
WHEREAS, the great Town of Wheat Ridge has an active, productIve cancer survIvor
population, demonstratmg that a cancer diagnosis is no longer an automatic death
sentence, and
WHEREAS, communities throughout the United States, Canada, and other participatmg
countries will be celebrating life on Sunday, June 6, as part of the world's largest cancer
survivor event;
WHEREAS, on behalf of the people of Wheat Ridge, I salute all cancer survivors and
those that support them,
NOW, therefore I Gretchen Cerveny, Mayor of the City of Wheat Ridge, do hereby
proclaim observance of NATIONAL CANCER SURVIVORS DAY@ SUNDAY, JUNE
6, 2004, and urge all CItizens to join in the joyous celebration oflife.
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--~ amela Anderson, CIty Clerk
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ITEM NO ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: MAY 24, 2004
TITLE:
COUNCIL BILL NO. 11-2004, AN ORDINANCE PROVIDING FOR
THE APPROVAL OF REZONING FROM RESIDENTIAL ONE TO
PLANNED COMMERCIAL DEVELOPMENT FOR PROPERTY
LOCATED AT 10135 W. 38TH AVE. (WZ-04-01lFREIMUTH)
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
[8J ORDINANCES FOR 1ST READING
D ORDINANCES FOR 2ND READING
QuasI-JudIcIal [8J
~~
D
No
C'l~"'-\
CommunIty Development DIrector
--
EXECUTIVE SUMMARY:
Dr MIchael FreImuth IS requestmg approval of a reZOnIng for the property located at 10135 W 38th
A venue. The property IS currently zoned ReSIdentIal One. The applicant wishes to rezone the
property to Planned CommercIal Development. The R-l zone dIstnct allows only single-family
structures and assocIated accessory bUlldmgs, while the Planned CommercIal Development zone
dIstnct would allow a range of commercIal uses as speCIfied on the Outlme Development Plan. The
uses detailed on the ODP are SImIlar in nature to the permItted uses m the Restncted CommercIal
zone distnct. The ODP will establish all allowable uses and development standards for the property
The apphcant WIshes to construct a dental office on the property An Outlme Development Plan,
Final Development Plan and Fmal Plat WIll also accompany the rezonmg request, and each of these
documents WIll be reVIewed at second heanng. The subject parcellS 75,370 square feet in Size, and
slopes from south to north. Lena Gulch runs along the northern property lme. Plannmg CommISSIOn
recommended approval of the rezonIng with one condItIon.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission heard this request on May 6, 2004 and recommended approval fur tht:
following reasons
1 The change m zone WIll be m conformance WIth the City of Wheat RIdge
ComprehenSIve Plan goals, ObjectIves and poliCIes.
2. The proposed use is compatible WIth the surroundmg area.
3 The change of zone wIll not adversely affect the pubhc health, safety or welfare.
With the followmg condItion.
I A note shall be added to the Outlme Development Plan that reads. "Tracts A & B are
non-bUIldable tracts, and may be used as pedestnan walking trails and open space"
There were no neIghbors present at thIS pubhc heanng to speak to thIS request.
STATEMENT OF THE ISSUES:
None
AL TERNA TIVES CONSIDERED:
None
FINANCIAL IMPACT:
The CIty has received a one-time applicatIOn fee for the land use applicatIOn. When redevelopment
occurs, the CIty will receIve a one-time buildmg permIt fee. The CIty would receIve any sales tax from
retaIl sales that occur on the property
RECOMMENDED MOTIONS:
"I move to approve Council Bill No 11-2004, case number WZ-04-01, a request for a rezonmg
from Residential One to Planned CommerCIal Development on first readmg for property located at
10135 W 38th Avenue, ordered published, public hearing set for June 14, 2004 at 7'00 m the City
Council Chambers."
OR
"I move to table mdefimtely CounCIl Bill No. 11-2004, case number WZ-04-01, a request for a
rezomng from ReSIdential One to Planned Commercial Development on first readmg for property
located at 10135 W. 38th Avenue"
Report Prepared by: Travis Crane, 303.235.2849
ReVIewed by' Alan WhIte
Attachments:
I Plannmg CommiSSIOn staff report (WIth exhibits)
2. CouncIl Bill No. 11-2004
C./Case ReviewlFreimuthlFreimuth Council Action Form 1 Sl Reading
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO' PlannIng COmmISSJOn
CASE MANAGER. TravIs Crane
CASE NO. & NAME. WZ-04-01 & MS-04-02!Freimuth
DA TE OF MEETING May 6. 2004
ACTION REQUESTED' A request for a rezomng from ResIdentIal One (R-1) to Planned CommercIal
Development, approval of an OutlIne Development Plan, FInal Development Plan and FInal Plat.
LOCATION OF REQUEST 10135 W 38th Avenue
APPLICANT (S) Dr MIchael FreJmuth
8850 W 38th Ave.
Wheat Ridge, CO 80033
APPROXIMATE AREA. 75,370 sq. ft. (1 73 ac.)
OWNER (S): same
PRESENT ZONING ResIdentIal One (R-1)
COMPREHENSIVE PLAN Village Center (VC)
ENTER INTO RECORD:
-
(X)
(X)
(X)
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULA T10NS
(X)
(X)
CASE FILE & PACKET MA TERlALS
DIGITAL PRESENTATION
SIte
R.1
LocatIOn Map
All notIficatIon and postmg reqUlrements have been met; therefore, there IS JunsdIctlOn to hear
thIS case.
ATTACHMENT 1
Planning Commission
WZ-04-0 I &MS-04-02'Freimuth
I. CASE ANALYSIS
The apphcant (owner) IS requestmg a zone change from ResIdential One (R-l) to Planned
CommeTCIal Development (PCD). ThIs apphcatlOn Includes requests for approval of an OutlIne
Development Plan, a Final Development Plan and a Final Plat (ExhibIt 1, Apphcant Request)
Each request wIll reqUIre a separate motion. The purpose of thIs apphcatlOn IS to allow for
constructIOn of a dental office.
The property IS currentl y zoned R -I, and contains a smgle- famil y structure. The R -I zone
distnct allows smgle-famlly reSIdential and accessory bUlldmgs. The apphcant wIshes to
rezone to Planned CommercIal Development for the purpose of constructmg a dentist office.
The property IS 75,370 square feet m SIze, has a faIrly abnormal shape, slopes from south to
north and a portIon of the property on the northern end IS located wIthm the 100-year
floodplam.
II. OUTLINE DEVELOPMENT PLAN
The Outlme Development Plan WIll rezone the property and set allowable uses and
development standards. The ODP IS general in nature - It serves as a baSIC blueprint for
development of the property (ExhibIt 2, OutlIne Development Plan) A hst of allowable uses
has been estabhshed, and can be found on page one of the ODP The hst generally follows the
uses hsted as permItted uses m the Restncted COlnmerclal zone dIstnct. Most of the specIal
uses listed m the Restncted CommercIal zone dlstnct were omItted as allowable uses from the
ODP. A few notes are mcluded on page one of the ODP that speak to the character of the
development. ThIS parcells enVISIoned to be a small-scale neIghborhood servmg development
devOId of auto-onented auto uses.
All of the development standards are representative of development standards m the
commercIal zone dlstncts. A mInImum of twenty percent of the SIte must be landscaped. The
bUIldIng may be a maxImum of 10,000 square feet, and may be 35 feet tall. The reqUIred
setbacks hsted on the ODP meet or exceed setbacks reqUIred for commercIal zone dlstncts as
speCIfied m the Code of Laws. The front yard setback IS a mInImum of 50 feet. The SIde yard
setback IS a minImum of 5 feet, and the rear yard setback IS a mmimum of 20 feet. The ODP
refers back to the Code of Laws for all other standards, such as fencmg, parkmg, hghting,
sIgnage and archItectural deSIgn. Since one of the requests IS to rezone the property, the
rezonIng cntena must be analyzed.
III. CRITERIA
Staff has the followmg comments regardIng the cntena used to evaluate a change in zone
1. That the existing zone classification currently recorded on the official zoning maps
of the City of Wheat Ridge is in error.
The official zoning map is not in error The parcel is currently zoned Residential One.
2. That a change in character in the area has occurred due to installation of public
facilities, other zone changes, new growth trends, deterioration, or development
transitions, and that the evidence supports the finding of the following.
Planning Commission
WZ-04-0 I &MS-04-02/F reimuth
2
There has not been a change m character m the area. A parcel to the west, the
Cambndge Park subdIvIsIon, was rezoned and subdlVlded m 1995 Much of the
surroundmg propertIes have retamed their origmal zoning, as set by Jefferson County.
The Wheat RIdge Recreation Center was constructed dIrectly to the north m 2000 A
~ h
vast maJonty of the properties on the south side of West 38t Avenue and abuttmg the
38th Avenue and Ktplmg Street mtersectJon are zoned Commercial One (C-l), and are
used commerCIally A large parcel west of the subject property was rezoned to Planned
Residential Development m 1995
3. That the change of zone is in conformance, or will bring the property into
conformance, with the City of Wheat Ridge comprehensive plan goals, objectives
and policies, and other related policies or plans for the area.
The ComprehenSive Plan future land use map designates thIS property as Village
Center Village Center IS defined as areas of commercial uses at major street
mtersectlOns that serve the motonsts and the surrounding neighborhood. AddItionally,
pedestnan connectIOns should be prOVIded to adjacent neighborhoods. The ODP
provides for a Wide array of commerCIal uses, many of whIch are destmatlOn uses. The
CIty Will construct a traillmkmg the Recreation Center to West 38th Avenue along the
western penmeter of the subject property The current ResIdential One zomng
claSSificatIon IS not consistent With the future land use as defined m the ComprehenSIVe
Plan. The rezomng Will bnng the property Into conformance With the comprehenSIve
plan goals, objectIves and polICies.
4.
That the proposed change of zone is compatible with the surrounding area and
there will be minimal adverse impacts considering the benefits to be derived.
-
The properties dIrectly to the east and west of the subject property are zoned
ResIdential One. The properties on the south SIde of 38th Avenue have been zoned
commefCIally since the mcorporatlOn of the City. The mtersectlOn of Kiplmg Street and
West 38th Avenue contams heavy regIOnal and local traffic The amount of traffic
generated by thIS SIte Will be neghgible compared to eXistIng condItions.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
The proposed zone change will bnng an economic benefit to the commumty In the form
of mcreased sales and property tax and an Increase in commerCial services. An eventual
trail to the RecreatIOn Center from West 38th Avenue will be a benefit to the
surroundmg neIghborhood.
6. That adequate infrastructure/facilities are available to serve the type of uses
allowed by the change of zone, or that the applicant will upgrade and provide such
where they do Dot exist or are under capacity.
The Fire DIstnct IS requmng the mstallatlOn of a fire hydrant on the south side of the
property at West 38th Avenue. All other respondmg agenCIes stated that they may serve
the property, and any addItIOnal upgrades to mfrastructure will be at the cost of the
apphcant.
Planning CommissIon
WZ-04-0 I &MS-04-02iFrelmuth
3
7. That the change of zone will not adversely affect public health, safety or welfare
by creating excessive traffic congestion, creating drainage problems, or seriously
reducing light and air to the adjacent properties.
The change of zone should not adversely affect the publIc health, safety or welfare of
the adjacent parcels. ThIS site will generate addItIOnal traffic as opposed to the eXlstmg
single-famlly house, but not to the pomt of excessive congestIOn. The submitted traffic
study states that the site wIll generate less than ten tnps per hour, and that the eXlstmg
roadway system can accommodate the mcrease m traffic Without a decrease m level of
servIce. The site wIll contam a detentIon pond located on the west sIde of the bUlldmg.
The PublIc Works Department has approved the dramage study and dramage plan. The
proposed development should not senously reduce light and air to the adjacent
properties.
8. That the change of zone will not create an isolated or spot zone district unrelated
to adjacent or nearby areas.
The proposed rezomng wIll create an Isolated zoned dlstnct, as thIS wIll be the only
parcel west ofKlplmg and north of West 38th Avenue zoned Planned CommeTCIal
Development. However, much of the surroundmg area IS zoned CommercIal One and
used commerCIally. The proposed rezomng wIll be conSIstent with the designatIOn on
the future land use map m the Comprehensive Plan. AddItIonally, the proximity of the
property to the intersectlOn of West 38th Avenue and Klplmg Street creates a deSirable
locatIon for a commerCIal endeavor.
IV. FINAL DEVELOPMENT PLAN
Where the OutlIne Development Plan sets all of the development standards and allowable uses for the
property, the Final Development Plan addresses development of the property for a specIfic use
(Exhibit 3, FDP) Simply, the Final Development Plan must meet all standards as established by the
Outlme Development Plan. The apphcants WIsh to construct a dentIst office on the property A dentist
office IS an allowed use on the ODP.
The followmg tables contam all of the development standards reqUired and proVided for the sIte.
Item
Buildin
Buildin Hei
Setbacks
Front
SIde
Rear
Architecture
. ft.
FDP
50 feet
5 feet
20 feet
Per Streetsca e Manual
11 7 feet
39 feet (E), 120 feet (W)
64 feet
Per Streetsca e Manual
The bUlldmg elevatIOns are shown on page 4 and 5 of the FDP The applicant IS proposmg a stone
veneer bUlldmg fa<rade with a standing seam metal roof.
Planning Commission
WZ-04-0 I &MS-04-02/Freimuth
4
Item Required bv ODP Provided by FDP
Parking I space/200 sq. ft. usable area (25 spaces) 37 parkmg spaces I
2 handIcapped accessible parkmg stalls 2 handIcapped accessible parkmg
stalls
I Landscaping . 20% of sIte (15,074 sq ft.) . 69% 52,000
. I tree & 5 shrubsll ,000 sq. [t. reqUIred
LS area (15 trees & 76 shrubs) . 16 trees & 103 shrubs
. MaXImum 20% non-lIvmg . 15% (7,800 sq ft.)
landscapIng (10,400 sq ft.)
. 5 street trees . 5 street trees
Lighting Per SectIon 26-503 None proVIded (must show at bUIldmg
permIt stage) I
Sign age Per ArtIcle VII None provIded (must show at bUildIng
permIt stage)
Fencing Per SectIon 26-603 None provIded
Access
One access pomt has been proVIded from West 38th Avenue. ThIS access pomt meets the standard of
mInImum WIdth for an access pomt In the commerCIal zone dlstncts. The Wheat RIdge FIre DIstnct
has revIewed and approved not only the access pomt, but also all mtenor-turning radll.
V. FINAL PLAT
The applIcants are requestmg approval of a subdlVlslOn plat for thIS property (ExhibIt 4, Final Plat)
The plat WIll estabhsh typIcal utlhty easements around the penmeter of the property A cross-access
- easement has been establIshed In the southeast comer of the property to prOVIde a shared access pomt
between the subject property and the property to the east. A fifteen-foot WIde tract ofland has been
IdentIfied on the western property boundary, then contInuing east-northeast along the limIts of Lena
Gulch. This tract wIll be dedIcated to the CIty of Wheat RIdge, and wIll be mamtamed by the CIty An
agreement was reached dunng land acqUiSItIon for the RecreatIOn Center reqUired the prevIOus owners
to prOVIde pedestnan traIl access on thIS property. A document was recorded WIth Jefferson County
that memonalIzed the agreement. The agreement called for a 15-foot WIde dedIcatIOn along the
northern property Ime, and a reImbursement for public Improvements along 38th and KIplmg. The City
has receIved the funds for reImbursement. CIty staff felt the trail access would be better SUIted on the
western property Ime to provide a pedestnan link between West 38th A venue and the RecreatIOn
Center
It should be noted that the 15-foot dedIcatIon IS a reqUirement pursuant to the prevIOus agreement; the
locatIOn of the tract IS not a reqUirement. AddItIOnally, the apphcants are aware that the 10catlOn of the
traIl access IS not a reqUirement Imposed by the City The apphcants agree WIth City staff that the
western property Ime IS the appropnate locatIon for a trail access. AdditlOnally, the applIcants have
voluntanlv agreed to gIve the CIty a portIOn of the northern property to accommodate the pedestnan
traIl to an eXlstmg bndge located near the northeast comer of the subject property Tills IS not a
requirement Imposed by the City. ThIS addltlOnalland will prOVIde a needed connection for
pedestnans travehng from West 38th Avenue to the RecreatIOn Center. A vast maJonty of thIs land IS
located wlthm the 100-year floodplam.
Planmng ComrrusslOn
WZ-04-0 I &MS-04-02/F reimuth
5
The PublIc Works Department]s requmng funds m escrow for the constructIOn of publIc
Improvements along West 38th Avenue adjacent to the property No addItIOnal nght-of-way dedIcatIOn
is reqUIred. The CIty ]S undertaking a capItal Improvement project m the area sometIme m the future
and wIll use the funds to construct curb, gutter and SIdewalk on the north SIde of West 38th Avenue
adjacent to the property.
VI. STAFF CONCLUSION & RECOMMENDED MOTION (S)
All respondmg agenCIes have md]cated that they can serve the property, and the applIcant WIll bear the
cost ofupgradmg any service to the property
The reqUIred neIghborhood meetmg was held on November 25,2003 and there were several neIghbors
m attendance. The attendants were generally acceptIng of the proposal. A few questions were asked
about traffic, Lena Gulch and SIte hghtIng. A meeting SynOpSIS and SIgn m sheet have been mcluded
for revIew (ExhibIt 5, Ne]ghborhood Meetmg SynOpSIS & Exhib]t 6, Ne]ghborhood SIgn In Sheet)
There are three requests, and each will require a separate motion,
Outline Development Plan
Staff concludes that the proposed zone change IS consIstent wIth the ComprehensIve Plan. The
proposed use WIll be compatible wIth adjacent land use and zoning. Therefore, staff recommends
APPROV AL of the zone change and accompanYIng Outline Development Plan.
OPTION A.
"I move to recommend APPROVAL of Case No WZ-04-01, a request to rezone from Resldent]al One
to Planned CommerCIal Development for property located at 10135 W. 38th Avenue, for the followmg
reasons'
The change m zone will be m conformance WIth the City of Wheat RIdge
ComprehenSIve Plan goals, objectIves and polIcIes.
2 The proposed use ]s compatible wIth the surroundmg area.
3 The change of zone WIll not adversely affect the publIc health, safety or welfare.
With the followmg condItIOn.
A note shall be added to the Outline Development Plan that reads' "Tracts A &
B are non-buildable tracts, and may be used as pedestnan walkmg trails and
open space"
OPTION B.
"I move to recommend DENIAL of Case No. WZ-04-01, a request to rezone from Res]dentlal One to
planned CommerCIal Development for property located at 10135 W 38th A venue, for the follOWIng
reasons.
Planning Commission
WZ-04-0 I &MS-04-02/Freirnuth
6
Final Development Plan
Staff concludes that the fInal Development Plan IS consIstent wIth the Outlme Development Plan.
Therefore, staff recommends APPROVAL of the final Development Plan.
OPTION A.
"I move to recommend APPROVAL of Case No WZ-04-01, a request for approval of a final
Development Plan for property located at 10135 W 38th Avenue, for the followmg reasons'
The reqUirements of the City's Planned Development RegulatIons have been
met.
2 The final Development Plan meets the development standards set forth m the
approved Outlme Development Plan for the sIte
OPTION B.
"1 move to recommend DENIAL of Case No WZ-04-01, a request for approval of a final
Development Plan for property located at 10135 W 38th Avenue, for the followmg reasons.
- Final Plat
Staff concludes that the fInal Plat IS consIstent wIth the regulatIOns and standards of ArtIcle III of the
Code of Laws. Therefore, staff recommends APPROVAL of the final Plat.
OPTION A:
"I move to recommend APPROVAL of Case No MS-04-02, a request for approval of a final Plat for
property located at 10135 W 38th Avenue, for the followmg reasons:
1 The reqUIrements of the City's SubdIviSIOn RegulatIOns have been met.
2 All required utlhty easements are bemg provIded.
3 Adequate mfrastructure will be constructed WIth the development to serve the
proposed use."
OPTION B.
"I move to recommend DENIAL of Case No MS-04-02, a request for approval of a final Plat for
property located at 10135 W 38th Avenue, for the followmg reasons:
I.
Planning Commission
WZ-04-0 I &MS-04-02/Freimuth
7
Architect
Interiur Design
234 Columbine Street
Suile 2111
Denver, Colurado
IW200
31133215(,04
Fax 32/ 5651
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January 2],2004
CIty of Wheatndge
Commumty Development
Ref 10135 W 38th Ave.
Letter of Intent
Dr Ron and Mike FreImuth propose to buIld a dental chmc as shown on
the attached sIte plan. The bUlldmg will be one story wHh approxImately
5,000 s.f The matenals will be comphmentary to the rec center to the
north and the resIdential to the west. Prehmll1ary elevatIons are also
mcluded. Adequate parkmg will be provIded to the south of the bUlldmg
wIth landscaped Islands. Access to the sIte IS locatcd to far \\ est property
Ime so that the entry IS as far west of the 38th street and Klplll1g
mtersectlon.
The property IS currently zoned resIdential and wIll have to be rezoned
for thIS commerCIal apphcatlon.
We look forward to your prehmmary comments to our proJcct.
Smcerely,
John Garner
EXHIBIT 1
7500 West 29th Avenue
- Wheat RIdge, Colorado S0215
City of
Wheat Ridge
Neighborhood Meeting Notes
Date: 25 November 2003
City Staff Present: TravIs Crane
Lo~ation of Meeting: 7500 W 29th Ave./Second Floor Conference Room
Property Address: 10135 W 3Sth Ave.
Property Owner(s): Drs. Ron & Mike FreImuth Property Owner(s) Present? yes
Applicant(s): Same
Existing Zoning:
R-l
Comprehensive Plan Designation: VIllage Center
Existing Use/Site Conditions: Smgle FamIly reSIdentIal structure
Applicant Proposal: Rezone property to PCD for the purpose of constructmg a dentist office.
-
Issues Discussed: A few attendees mqUlred about the eXlstmg dental practIce - how many employees, hours of
operatIOn and expected traffic to be generated by the new office. There were some questIOns regardmg on-sIte
landscapmg and streetscape m the nght-of-way Traffic condItIOns were also dIscussed. There were several questIOns
regardmg Lena Gulch and access to the Gulch. One attendant asked about the ComprehenSIve Plan deSIgnatIOn for thl
property, and If the property to the east were planned to be redeveloped.
EXHIBIT 5
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INTRODUCED BY COUNCIL MEMBER
Council Bill No. 11-2004
Ordinance No.
Series of 2004
TITLE:
AN ORDINANCE PROVIDING FOR THE
APPROV AL OF REZONING FROM RESIDENTIAL
ONE TO PLANNED COMMERCIAL
DEVELOPMENT FOR PROPERTY LOCATED AT
10135 WEST 38TH AVENUE, CITY OF WHEAT
RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT
Section 1. Upon apphcatIOn by Doctor Mike FreImuth, approval of a rezomn~ m
Wheat RIdge, Colorado, Case No WZ-04-0l, for property located at 10135 West 381
A venue, and based on a recommendatIOn of approval from the Wheat RIdge Plannmg
CommissIOn and pursuant to the findmgs made based on testImony and eVIdence
presented at a pubhc heanng before the Wheat RIdge CIty CouncIl, Wheat RIdge maps
are hereby amended to exclude from the ReSIdentIal One Dlstnct and to mclude m the
Planned CommercIal Development zone dlstncts the followmg described land.
-
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE
69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT
RIDGE, COUNTY OF JEFFERSON, ST ATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21,
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 21, S89012'4rW, 350.27 FEET, THENCE LEAVING SAID
SOUTH LINE NOoo06'41 "w, 30 00 FEET TO THE NORTHERLY RIGHT-OF-
WAY LINE OF WEST 38TH A VENUE AND THE TRUE POINT OF
BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT -OF- WAY LINE
S89012'43"W, 165.28 FEET TO A POINT ON THE BOUNDARY OF A
PARCEL OF LAND AS RECORDED AT RECEPTION NO F1276352,
THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, THE
FOLLOWING THREE (3) CONSECUTIVE COURSES' 1) THENCE
NOoo08'23"W, 14000 FEET, 2) THENCE S89012'4rW, 75 00 FEET, 3)
THENCE NOoo08'23"W, 192.89 FEET TO A POINT ON THE BOUNDARY
OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. 80076775,
THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND THE
FOLLOWING FOUR (4) CONSECUTIVE COURSES. 1) THENCE
N45036'37"E, 3774 FEET, 2) THENCE N78036'37"E, 112.00 FEET, 3)
ATTACHMENT 2
THENCE S49003'23'"E, 72.00 FEET, 4) THENCE N73006'3T'E, 5147 FEET,
THENCE LEAVING SAID PARCEL OF LAND AND ALONG THE WEST
LINE OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO
F0913894 SOoo06'4l "E, 345 87 FEET TO THE TRUE POINT OF BEGINNING
SAID PARCEL OF LAND CONTAINS 75,370 SQUARE FEET (1 730
ACRES), MORE OR LESS
Section 2. Vested Property RIghts. Approval of thIs rezomng does not create a
vested property nght. Vested property nghts may only anse and accrue pursuant to the
provIsIons of SectIOn 26-121 of the Code of Laws of the City of Wheat RIdge.
Section 3. Safety Clause. The CIty CouncIl hereby finds, determmes, and
declares that thIS ordInance IS promulgated under the general polIce power of the CIty of
Wheat RIdge, that It IS promulgated for the health, safety, and welfare of the publIc and
that thIS ordInance IS necessary for the preservatIOn of health and safety and for the
protectIon of publIc convemence and welfare. The CIty CounCIl further determInes that
the ordmance bears a ratIOnal relation to the proper legIslatIve object sought to be
attamed.
Section 4. Severabihty. If any clause, sentence, paragraph, or part of thIS Zomng
Code or the apphcatlOn thereof to any person or Clfcumstances shall for any reason be
adjusted by a court of competent Junsdlctlon mvalId, such Judgment shall not affect
applIcatIOn to other persons or cIrcumstances.
Section 5. SupersessIOn Clause. If any prOVISIOn, reqUirement or standard
establIshed 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 In
eXIstence as of the date of adoptIon of thIS Ordmance, the proVISIons, reqUirements and
standards herem shall supersede and prevail.
Section 6. ThIS ordmance shall take effect 15 days after final pubhcatlOn.
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of _ to
_ on thIS 24th day of May, 2004, ordered publIshed m full m a newspaper of general
CIrculatIOn m the CIty of Wheat RIdge and Pubhc Heanng and conslderatlOn on final
passage set for June 14th, 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
ITEM NO: ~ ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
May 24, 2004
TITLE:
AWARD ITB-04-020 2004 MISCELLANEOUS STREETS
IMPROVEMENT PROJECT
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi-JudicIal:
~
No
~
~~~
City Man r c;
---
EXECUTIVE SUMMARY:
The 2004 Miscellaneous Streets lntprovement Project will rehabilitate a segment of Xenon Street and
a portion ofW. 34th Place, which are currently in very poor condition. The scope of improvements
consist of storm sewer installatIOn, reconstructing infenor concrete curb, gutter and walk and asphalt
pavement. This project will restore these streets to a serviceable condition for the intended functions
of handling traffic and drainage. On May 11,2004, six (6) bids were received. The apparent low
bidder was Scott Paving, Inc., Golden, CO in the amount of$298,949.95. Staff verified each line Item
and found that there was a minor error in the bid extension m the amount ofthe $32.50. The correct
bId IS $298,982.45. Scott Pavmg was made aware ofthe error in addItion. ThelT bId met all ofthe bid
reqUIrements. References and experience were evaluated by Public Works. Staff recommends award
of the project to the lowest responsive and responsible bidder, Scott Pavmg, Inc.m the base bId amount
of $298,982.45.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST ATEMENT OF THE ISSUES:
Bids for the 2004 Miscellanous Streets lntprovements Project, #S-01-04, were opened on Tuesday,
May 11,2004 at 2:00 p.m. Six (6) bids were received. The bids were comprised oftwo parts; base
and alternate bid. The base bid provided for re-construction of Xenon Street and 34th Place. Because
of the magnitude ofthe Improvements found to be needed on Xenon Street and the limited budget for
the projects, an alternate bid was requested for the proposed work on 2ih/28thN ance Street. The base
bids ranged from $298,949.95 to $483,382.00 and the alternate bids ranged from $143,703.80 to
$202,677.20. The Engineer's Estimate was $394,877.61 and $188,55800 respectively, including
contingency Staff recommends awarding the base bid only, due to budget constraints. Therefore the
construction of2th/28thNance Street will be postponed until next year. The lowest responsible and
responsive bidder, Scott Paving, Golden, CO has met the bid and qualification requirements. Based
upon the contractor's demonstrated capabilIties and experience, staff recommends award to Scott
Paving, Inc.
A 15% contingency amount of$44,847.37, as a force account, is requested to cover the cost of other
items related to the project. A 15% contingency is requested because ofthe unknown condition of the
sub grade and the possible need to remove and/or re-compact the soil beneath pavement once it IS
exposed and inspected.
ALTERNATIVES CONSIDERED:
No award and 2004 Miscellaneous Streets Improvement Project will not be accomplished.
FINANCIAL IMPACT:
Fundmg for thIs program has been approved in the 2004 Capital Improvement Program budget as the
Minor Street Improvement Projects line Item m the amount of $300,000.00 and the Xenon Street
Rehabilitation line item in the amount of $170,000.00. The sources will be combined to fund the
proj ect.
RECOMMENDED MOTION:
"I move to award ITB-04-020, 2004 Miscellaneous Street Improvrnent Project, #S-O 1-04 to Scott Pavmg,
Inc, Golden, CO in the base bid amount of$298,982.45.
I further move that a contmgency amount of $44,847 .37 be approved.
I further move that the director of Public Works be authorized to issue change orders up to a total
contract and contingency amount of$343,829.82.
I further move that $170,000 be transferred from account 30-303-800-841 to the Minor Street
Improvement Project account 30-303-800-840 to fund the project.
I further move that all costs associated with this contract be paid from account number 30-303-800-
840, and that these funds be encumbered for the length of the project m accordance WIth Ordinance
#787, 1989 Series."
or,
"I move to deny award of ITB-04-020 2004 Miscellaneous Street Improvement Project for the
following reason( s) "
Report Prepared by:
Reviewed by:
Tim Paranto, Director of Public Works
Linda Trimble, Purchasing Agent
Attachments:
1. 2004 Capital Improvement Program Description
2. Project Location Map
DPW DRAINAGE
1. Local Drainage Projects
2003 Budget:$160,000
Description: The project will correct isolated drainage problems at various locations
throughout the City. The corrective work performed under this project is limited to
eliminating street drainage conditions which cause unsafe conditions for vehicular and
pedestrian traffic, damage to structures and property and potential damage to the
public street system. Work at specific locations is prioritized according to the
magnitude of the problem and as many problems as possible will be corrected within
the project budget. Project{s) scheduled for 2003 are as follows:
~ 1) West 34th Place, Teller to 33rd
2) 33rd Avenue, Miller to Cul-de-sac
Justification: Isolated street drainage problems, which are causing unsafe
conditions for vehicular and pedestrian traffic, damage to structures and property and
potential damage to the public street system, have been identified by property owners
and the Department of Public Works. These problems occur as a result of inadequate
drainage conditions within the public right-of-way, which are the responsibility of the
City.
-
DPW STREETS
2. Street Improvement Projects
2003 Budget: $100,000
Description: This budget line item reserves funds for improvement of local streets
that are in poor condition and beyond the normal preventive maintenance Project{s)
scheduled for 2003
1. Jay Street, 35th_38th Avenue
Justification: These projects are the top priorities for reconstruction work based on
street condition rating and available budget. Jay Street reconstruction will involve
removal and replacement of the existing asphalt pavement. This will include the
preparation of the subgrade and paving of asphalt mat with standard crown for
drainage. The reconstruction of concrete curb, gutter and walk is not anticipated since
it was repair under the concrete rehabilitation program last year.
Capital Improvement Program
Public Works
Page 2
ATTACHMENT 1
Justification: Isolated street drainage problems, which are causing unsafe
conditions for vehicular and pedestrian traffic, damage to structures and property
and potential damage to the public street system, have been identified by
property owners and the Department of Public Works. These problems occur as
a result of inadequate drainage conditions within the public right-of-way, which
are the responsibility of the City.
DPW STREETS
1. Minor Street Improvement Projects
2004 Budget: $300,000
Description: This budget line item reserves funds for improvement of local
streets that are in poor condition and beyond the normal preventive maintenance.
Locations scheduled for 2004:
1. 27th Avenue, Teller to Vance
2. Vance Street, 2ih to 28th
3 28th Avenue, Vance to Teller
4. Upham Street, 27th to cul-de-sac
5. Newland Street, 35th to 38th, CBDG project
Justification: These projects are the top priorities for reconstruction work based
on street condition rating and available budget. This will include the preparation
of the subgrade and paving of asphalt mat with standard crown for drainage.
Newland Street improvements will involve removal and replacement of broken or
missing curbwalk and will be funded with CBDG Grant funds.
2. Xenon Street Rehabilitation
2004 Budget: $170,000
Description: This project involves the installation of storm sewer and re-
constructing the curbwalk and pavement from 29th Avenue to 30th Avenue.
Justification: This section of Xenon Street has very poor drainage, which has
allowed water to migrate beneath the pavement and curbwalk. The street
subgrade is currently unstable and has allowed the curbwalk and pavement to be
displaced and break.
3. Kipling Street Pedestrian Improvements
2004 Budget: $230,000
Description: The portion of Kipling Street from 44th Avenue to 1-70 will be
improved by installation of sidewalks and pedestrian lighting. This project will be
financed with Hotel/Motel tax funds and is the first of a multi-year program.
Capital Improvement Program Public Works
Page 2
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ITEM NO: 3,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
May 24, 2004
TITLE:
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
THE CITY OF ARV ADA FOR THE PURPOSE OF COOPERATIVE
PLANNING AND REVENUE SHARING IN REGARDS TO THE
ARV ADA RIDGE PROJECT
D PUBLIC HEARING
D BIDS/MOTIONS
C8J RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
C8J
No
~CL->~
City M er ~
-
EXECUTIVE SUMMARY:
Section 14.2 of the Home Rule Charter of the City of Wheat Ridge provides express authority to enter
into intergovernmental agreements providing for cooperative efforts between governments. An
Intergovernmental Agreement (IGA) between the City of Wheat Ridge and the City of Arvada is
proposed for the purpose of cooperative planning and revenue sharing in regards to the Arvada Ridge
Project. The Intergovernmental Agreement outlines the Development Area, outlines improvements to
Kipling Street, 50th A venue, Miller Street and Columbine Basin Storm Drainage to be constructed by
the City of Arvada or the developer, outlines Plan Review and Project Reimbursement to the City of
Wheat Ridge. In addition the IGA implements a revenue sharing schedule committing the City of
Arvada to remit to Wheat Ridge an annual payment of$1 00,000 for a period of eighteen consecutive
calendar years to mitigate impacts to the City of Wheat Ridge Public Works and Police Departments.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Because of the proximity of the Parties' development opportunities, the nature and quality of
development within each city and along Kipling and Ridge Road will affect the nature and quality of
development in the other city and the revenues of each city. Increased coordination and cooperation
between Wheat Ridge and Arvada in planning for and regulating growth and development of land
within the Ridge Home and Kipling/I-70 development area will enhance the ability of the cities to
achieve their respective and common goals.
ALTERNATIVES CONSIDERED:
Not authorize execution of the Intergovernmental Agreement with the City of Arvada.
FINANCIAL IMPACT:
The Intergovernmental Agreement outlines and implements a revenue sharing schedule committing
the City of Arvada to remit to Wheat Ridge an annual payment of $1 00,000 for a period of eighteen
consecutive calendar years to mitigate impacts to the City of Wheat Ridge Public Works and Police
Departments.
RECOMMENDED MOTION:
"I move to approve Resolution No. 13-2004, a Resolution Authorizing an Intergovernmental Agreement
Between the City of Wheat Ridge and the City of Arvada for the purpose of Cooperative Planning and
Revenue Sharing in Regards to the Arvada Ridge Project."
or,
"I move to table indefinitely Resolution No. 13-2004, a Resolution Authorizing and Intergovernmental
Agreement Between the City of Wheat Ridge and the City of Arvada for the purpose of Cooperative
Planning and Revenue Sharing in Regards to the Arvada Ridge Project for the following reason(s)
"
Report Prepared by:
Reviewed by:
Debbie Meixner, Administrative Assistant
Randy Young, City Manager
-
Attachments:
1. Intergovernmental Agreement
2. Resolution 13-2004
COOPERATION AGREEMENT BETWEEN THE
CITIES OF ARVAD A AND WHEAT RIDGE FOR THE REDEVELOPMENT OF THE
ARVAD A RIDGE PROJECT
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and
entered into this day of , 2004 by and between the City of
Wheat Ridge, a Colorado home rule municipality, hereafter referred to as "Wheat
Ridge," and the City of Arvada, a Colorado home rule municipality, hereafter referred to
as "Arvada." Wheat Ridge and Arvada may be referred to individually as a "city" or
together as the "Parties."
WHEREAS, the City Councils of Wheat Ridge and Arvada find that:
1. Each city has a commitment to planned and orderly growth; to regulating
the location of activities and development which may result in increased demands for its
services; to providing for the orderly development and extension of city services,
facilities, and regulations; to avoiding unnecessary duplication of governmental
services, to simplifying governmental structure where possible; to accomplishing quality
development; to reducing and avoiding, where possible, friction between the Parties; to
- promoting the economic viability of their respective communities; and to raising revenue
sufficient to meet the needs of their citizens
2. Because of the proximity of the Parties' development opportunities, the
nature and quality of development within each city and along Kipling and Ridge Road
will affect the nature and quality of development in the other city and the revenues of
each city.
3 Increased coordination and cooperation between the Parties, as
represented in this Agreement, in planning for and regulating growth and the
development of land within the Ridge Home and Kipling/l-70 development area, will
enhance the ability of the Parties to achieve their respective and common goals.
4. The people of the State of Colorado have authorized municipalities to
exercise the powers and to cooperate and contract in the matters set out in this
Agreement through the Colorado Constitution, Article XIV, Section 18 (2) (a), Article XX,
and Article XI, Section 7.
5. The General Assembly of the State of Colorado has authorized and
encouraged the Parties to exercise the powers and to cooperate and contract in the
matters set out in this Agreement through the enactment of State statutes including, but
not limited to: C.R.S. Section 29-20-105 and Section 29-20-106; Section 29-1-201 and
Section 29-1-203; Section 31-12-101, et seq., Parts 2 and 3 of Article 23 of Title 31,
Section 31-15-708; Section 31-15-710; and Part 4 of Article 35 ofTitle 31.
ATTACHMENT 1
6. This Intergovernmental Agreement is entered into pursuant to the
authority granted by the General Assembly and the people of the State of Colorado, as
described above, and the subject matter and agreements contained herein are logical
and foreseeable results of the State's enactment of the foregoing statues and
Constitutional provisions.
WHEREAS, in view of the foregoing findings of the City Councils of Wheat Ridge
and Arvada, it is appropriate that this Agreement be entered into.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, it is agreed by and between the Parties as follows:
1. Development Area. The area that is subject to the Revenue Sharing
provisions of this Agreement is hereafter referred to as a portion of the Ridge Home
development area (the "Development Area") and as depicted on Exhibit 1 and generally
described as those lots and parcels depicted in the Arvada Ridge Final Plat, a parcel in
the east Y2 of Section 16, Township 3 South, Range 69 West of the 6th Principal
Meridian, City of Arvada, Jefferson County, Colorado
2 Wheat Ridge and Arvada each agree to include the other in the referral
process for development applications in or adjacent to the Development Area. Every
effort shall be made to address the concerns of the other city prior to making any final
decision on the development application The term development application shall
include but not be limited to applications for rezoning, preliminary and final development
plans, preliminary and final subdivision plats, special use permits, site development
plans, and all similar applications for development.
3. Prior to the approval of any plans for constructing public improvements
inside the boundaries of Wheat Ridge, Arvada shall submit the plans therefore to Wheat
Ridge for its review and approval. All applicable standards and procedures of Wheat
Ridge shall be followed.
4 With respect to the proposed Arvada Ridge project to be developed within
the Development Area, the City of Arvada shall construct or cause the developer of the
Arvada Ridge project to construct the following improvements.
a. Kiplinq Street
(1) A third southbound lane shall be constructed adjacent to the
development from 50th Avenue to 600 feet north of 51st
Avenue, inclusive of lane taper length.
(2) The curb return on the southwest corner of 50th Avenue and
Kipling shall be modified to allow eastbound right turns (from
west of Kipling) and southbound through movements (from
north of 50th Avenue) direct access to an existing and
continuous right turn lane south of the curb return. This
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(3)
(4)
(5)
(6)
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improvement will complete the existing third southbound
lane between 49th Avenue and 50th Avenue.
A future southbound right-turn lane shall be designed for the
50th Avenue intersection. Right of way shall be provided by
Arvada.
Arvada shall cause the Developer to design and construct
the double northbound left turn lanes at 50th Avenue and
shall use all commercially reasonable efforts, including but
not limited to eminent domain, to acquire right-of-way on the
west side of Kipling Street to accommodate the extra turn
lane. Interim measures will be implemented while right-of-
way is being acquired to allow Target to open. Wheat Ridge
recognizes that eminent domain might be necessary to
acquire the right-of-way and allows a reasonable amount of
time to pursue this option should immediate possession not
be granted.
Property under the developer's ownership or existing control
that is needed for rights of way for the proposed future street
widening shall be dedicated to Wheat Ridge.
A sidewalk/trail shall be constructed on the west side of
Kipling from 51 st Avenue to 50th Avenue.
(7) Streetscape elements shall be constructed in accordance
with the Wheat Ridge Streetscape and Architectural Design
Manual.
(8) The traffic signal proposed to be constructed at West 51st
Place shall be constructed after meeting a warrant contained
in the most current edition of the Manual on Uniform Traffic
Control Devices and thereafter shall be maintained by
Arvada in accordance with standards mutually acceptable to
the Parties. It is anticipated that the signal will meet
warrants upon the opening of the anchor department store
and Wheat Ridge will not object to the traffic signal being
constructed as part of the initial improvements.
(9) The traffic signal at 50th Avenue shall be reconstructed as
needed to accommodate the new traffic lanes.
(10) Wheat Ridge agrees to assist Arvada, at no cost to Wheat
Ridge, in acquiring right-of-way along Kipling Street for
improvements outlined in this sub-part. It is understood by
all Parties that any right-of-way taking will be only the
minimum of what is required to provide the additional
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northbound left turn lane onto 50th Avenue and to complete
the auxiliary third lane southbound from 50th to 49th Avenues.
Assistance shall include being party to negotiations with
property owners and may include use of eminent domain.
b. 50th Avenue
(1 )
(2)
(3)
(4)
The provisions set forth in subparagraph (9) above shall
apply to 50th Avenue.
50th Avenue shall be constructed as a four-lane
median-separated street from Kipling to Miller Street within
the Xcel Energy power line easement with two lanes on
either side of the power line towers The towers shall be
located in the median. Left turn lanes shall be provided at
the intersections.
50th Avenue shall transition into the south leg of Miller
Street, with the north leg of Miller Street entering 50th
Avenue as a 'T' connection meeting as nearly as possible
standard intersection design criteria without acquiring
additional right of way on the south side of 50th Avenue.
The access to the Target store shall align with the western
most platted access to the Bluegrass Terrace subdivision to
the south.
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(5) A raised median shall be constructed within the Arvada
Ridge access drive from 50th Avenue for a minimum
distance of 100 feet.
(6)
A sidewalk shall be constructed on the north side of 50th
Avenue.
(7)
Streetscape elements along the north side of 50th Avenue
and within the 50th Avenue median shall be constructed in
accordance with the Wheat Ridge Streetscape and
Architectural Design Manual.
(8)
Streetlights shall be installed along both sides of 50th
Avenue at intervals of 300'.
c. Miller Street
(1) The Parties agree that Miller Street is a collector street and
will ultimately be constructed to a minimum three-lane
section, curb gutter and five-foot sidewalk on both sides. As
part of this site development, and subject to available right of
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way, Miller Street shall be constructed with the east curb,
gutter and sidewalk in the final/ultimate alignment and the
street shall be widened to meet the existing (saw cut) edge
of Miller Street to the new gutter edge. As a minimum, there
shall be a through lane in each direction and left turn taper
and storage shall be designed and built at accesses and/or
intersection with 50th Avenue in accordance with City of
Wheat Ridge criteria. Miller Street will be realigned at the
same time as the other street improvements are constructed
for this project.
(2) The design of Miller Street improvements and the new Miller
Street/50th Avenue intersection shall not require acquisition
of additional right-of-way from the property at 4990 Miller
Street.
(3) The entire re-aligned Miller Street shall be in Wheat Ridge
and the three acres to be purchased by Coors and the street
right-of-way will be de-annexed by Arvada and annexed by
Wheat Ridge. Arvada shall prepare the deannexation map
and legal description and file the necessary forms. The
parties agree to cooperate and process the requisite
applications to accomplish de-annexation and annexation.
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(4 )
Existing utilities will remain in their current alignment of the
current Miller Street, with a utility easement created for this
alignment.
(5) The northern portion of the Miller Street improvements may
be delayed until the railroad approval is received.
(6) The intersection of Miller Street and 50th Avenue shall have
traffic signal conduit installed for future traffic signals
(7) Streetscape elements along Miller Street shall be
constructed in accordance with the Wheat Ridge
Streetscape and Architectural Design Manual.
(8) Miller Street improvements and future developments along
or near Miller shall be designed to accommodate the Gold
Line corridor.
d. Columbine Basin Storm Drainaqe
(1) Arvada shall design and construct or cause the developer to
design and construct the Urban Drainage and Flood Control
Districts 1994 Columbine Basin Master Plan facilities across
the site and downstream from Kipling Street to "Pond 1" at
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the southwest corner of West 51st Avenue and Garrison
Street. The construction thereof shall be at the cost of
developer. Alternative design solutions that meet or are
consistent with the intent and concept of the Master Plan, as
described herein, may be submitted for review and approval
by the Parties, provided however, such alternative design
solutions must none the less meet the approval of the Urban
Drainage and Flood Control District.
(2) Future construction of the Columbine Master Plan facilities
downstream of "Pond 1" shall be the responsibility of Arvada
at no cost to Wheat Ridge.
(3) Maintenance of the storm sewer facilities shall be assumed
by the city in which the facility is located, irrespective of
which city constructed the facility
(4) The overtopping of the on-site detention pond (Pond 4) shall
be addressed to the reasonable satisfaction of Wheat Ridge
to protect properties in Wheat Ridge from flooding.
(5) Wheat Ridge agrees to assist Arvada, at no cost to Wheat
Ridge, in acquiring easements for improvements outlined in
this sub-part. It is understood by all Parties that what
easements are required will be the minimum of what is
necessary to complete these improvements. Assistance
shall include being party to negotiations with property
owners and may include use of eminent domain.
e Plan Review, Proiect Reimbursement and Maintenance
(1) Wheat Ridge agrees to review and comment on all project
plans, applications, or permits relating to improvements in a
timely manner Applications or permits shall be reviewed
promptly and without unreasonable delay. Wheat Ridge shall
make every good faith effort to complete their review plans
or designs within three weeks from the date of the plan or
design's receipt. At that time comments shall be distributed
to all other interested parties. Arvada shall cause the
Developer to reimburse Wheat Ridge all fair and reasonable
costs, including staff expenses, for said plan review.
(2) All traffic signal construction and maintenance shall be done
in accordance with standards mutually agreeable to each
city and in compliance with the approved traffic study.
(3) All road design, construction, landscaping, streetscaping and
maintenance of said improvements shall be completed in
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accordance with the standards of the city in which such
improvements are located.
(4) Inspection of public improvements shall be the responsibility
of the city in which such public improvements are located.
Arvada shall cause the Developer to reimburse Wheat Ridge
all fair and reasonable costs, including staff expenses, for
said inspection.
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(5) For those public improvements constructed by the developer
that are in or adjacent to the Wheat Ridge portion of the
Development Area, Wheat Ridge agrees that it will
cooperate with the implementation of a reimbursement
mechanism in accordance with its ordinances to reimburse
the developer from revenue from other benefited properties.
(6) When performing an administrative or ministerial action in
connection with the review or approval of any design plans,
applications, permits or related documents, or when issuing
any required permit or license, necessary for the
performance of some or all of the obligations described in
this Agreement, the Parties shall not unreasonably deny,
delay or condition the approval of such easements on public
property, plans, applications or permits. The parties agree to
provide easements on public property or licenses as may be
reasonably required for the ongoing maintenance of the
improvements for which a city is responsible that are within
the city limits of the other party.
(7) Anything in this agreement to the contrary not withstanding,
Wheat Ridge agrees to assist Arvada in acquiring right-of-
way and easements for improvements outlined in this
agreement. Assistance shall include being party to
negotiations with property owners and may include use of
eminent domain
(8) Anything in this section to the contrary not withstanding, the
Developer's obligation to reimburse for reasonable fees and
costs shall at all times be contingent upon the final approval
thereof by Wheat Ridge. In the event that the plans
described therein are not approved for any reason, then the
Developer will have no obligation for reimbursement.
(9) After completion and dedication of the improvements,
including streets, signalization, sidewalks and landscaping;
such improvements will be maintained by the city in which
-7-
they are located unless otherwise agreed to In this
document.
5. The Parties commit to cooperate in pursuing improvements to the
1-70/Kipling Interchange, including the use of reasonable and diligent efforts to obtain
funding for such improvements from federal, state and other local government sources
Not later than ten years from the opening date of the major retail operation that is
planned for the Development Area, the Parties agree to conduct a joint comprehensive
review of the options and alternatives for funding said improvements, and shall meet
and negotiate in good faith towards a mutually acceptable agreement thereon Nothing
herein shall prevent the Parties from meeting and discussing the matter at such other
times as they may find useful or mutually beneficial.
6 Wheat Ridge supports Arvada's position on the Regional Transportation
District (RTD) light rail Gold Line.
7. Revenue SharinQ
a) Implementation The Parties understand that the implementation of
this Agreement and the achievement of its purposes, including
planning for and regulating the use of land and the provision of
municipal services, facilities, rights-of-way, and other requirements
within the Development Area, will require the expenditure of revenues
by each city. In light of the foregoing, the Parties agree that the certain
revenues will be shared between the Parties for their respective uses,
including, but not be limited to, implementation of this Agreement and
the provision of services within the subject area:
(1 )
(2)
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Not later than April first of the second year following the year
in which the major retail center that is constructed within the
Development Area receives a full service Certificate of
Occupancy, (hereafter, the "Commencement Date"), Arvada
shall remit to Wheat Ridge by cash payment, government
check, wire transfer, or certified funds, the amount of One
Hundred Thousand Dollars ($100,000) annually (hereafter,
the "Shared Revenue"). For purposes of this Agreement, the
term major retail center shall mean a "Super Target"
department store, or comparable retail department store in
terms of size and product offered for retail slflles.
Arvada shall remit the Shared Revenue to Wheat Ridge
annually on or before April 151 of each year for a period of
eighteen consecutive calendar years, subject to the
provisions of section 12, starting on the second year after
the Commencement Date, subject to the following
conditions:
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(i) The Shared Revenue shall be payable solely from tax
revenues collected by Arvada from businesses and
properties located within the Development Area. The
Shared Revenue shall not be a pledge, general
obligation, lien or encumbrance on other revenues of
Arvada, or otherwise constitute a pledge of Arvada's
full faith and credit.
(ii) The major retail center shall be in operation and be
paying taxes to Arvada when due.
(3) The Parties understand and agree that the amount of the
Shared Revenue is intended to be a sum certain.
Accordingly, subject only to the provisions of subparagraph
7.a.2 above, the Shared Revenue shall not be subject to
adjustments, prorations, additions, interest, or reductions
during or over the term of this agreement.
b Tax Consequences:
(1 )
To the extent that there may be any tax consequence to
either Party resulting from the payment of the Shared
Revenue, the respective Party shall be solely responsible for
such tax consequence. If there is a reporting requirement,
each Party shall cooperate with the other in providing the
necessary identifying tax information.
(2) In the event that Wheat Ridge is required to rebate tax
receipts pursuant to Section 20, Article X of the Colorado
Constitution, Wheat Ridge shall be responsible for
determining what, if any, portion of the Shared Revenue falls
within the category of revenue requiring rebate and then
making proper disposition thereof consistent with its own
policies and procedures. Arvada shall not be responsible for
performing any rebate on behalf of Wheat Ridge. A rebate
by any or all of the Shared Revenue shall not increase any
amount owed by Arvada to Wheat Ridge as Shared
Revenue, or otherwise increase the term, or modify the
conditions or obligations of the Parties under this
Agreement, except as expressly provided in subparagraph
(i) of this paragraph, below.
-
(i) With the agreement of Arvada, which agreement
Arvada may grant or withhold in its exclusive
discretion, Wheat Ridge may forgo receipt of any
payment of the Shared Revenue in any given year
that a tax rebate event would occur as a consequence
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of receipt of the Shared Revenue, and instead permit
the Shared Revenue to be retained and used by
Arvada as its own property. In the event of a deferred
payment of the Shared Revenue for the reason
provided herein, the term of this Agreement may be
extended by the mutual consent of the parties for one
year for each such deferral, to a maximum of five
years total.
c. Audit. In the event Arvada notifies Wheat Ridge that there are no
Shared Revenues available to be paid, Wheat Ridge and its
authorized agents may, upon reasonable advance written notice to
the Arvada, audit Arvada's records of those taxes which are
collected within the Development Area and which are to be shared
pursuant to this Agreement.
d. Bond Pledqe. Notwithstanding anything herein to the contrary, the
obligations of Wheat Ridge and Arvada hereunder shall be subject
to and subordinate to Wheat Ridge's and Arvada's respective
obligations, covenants, and representations contained in or
incorporated in any ordinance, resolution, indenture, underwriting
agreement or other document pertaining to the authorization,
issuance, payment, or sale of any bonds, notes, certificates,
debentures, or other evidences of borrowing (except as may be
specifically provided otherwise in any such document), which are
currently issued and outstanding, the intent being that such
obligations, covenants, and representations have and will take
precedence over those set forth herein, and will be met, complied
with, satisfied, and discharged in accordance with such documents
prior to any distribution of monies hereunder.
e. Interest. There shall not be interest accrual or payment obligation
on tax revenues collected by one city and subject to sharing with
the other city under the terms of this Agreement.
f. Revenue Sharinq Date. The revenue sharing provisions of this
Agreement shall become effective not later than two years after the
Commencement Date. Provided however, that with the mutual
written consent of the Parties, the payment of the Shared Revenue
may be commenced at any earlier date. In the event that the
Revenue Sharing payment date is advanced for any reason, the
term for payment of the Shared Revenue shall then be eighteen
years calculated from that earlier date.
8. Parties to Exercise Good Faith. Wheat Ridge and Arvada agree to devote
their reasonable and diligent efforts and to exercise good faith in implementing the
provisions of this Agreement.
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9. Intent of Aqreement. This Agreement is intended to describe rights and
responsibilities only as between the Parties hereto. It is not intended to and shall not be
deemed to confer rights to any persons or entities not named as parties hereto nor to
require Wheat Ridge or Arvada to provide any services to any land. This Agreement is
not intended to limit in any way the powers or responsibilities of any other political
subdivision of the State of Colorado not a party hereto.
10. Remedies of Default. Should either city fail to comply with the provisions
of this Agreement, the other city, after providing written notification to the non-complying
city and upon the failure of said city to achieve compliance within ninety (90) days after
said notice, may at its option either terminate this Agreement or maintain an action in a
court of competent jurisdiction for specific performance, or other appropriate relief,
excluding damages relief. In the event of such litigation, each city shall be responsible
for its own costs, including attorney fees. Prior to and as a mandatory prerequisite to
the filing of any such action, the city must first engage in non-binding mediation with the
other city. In the event the Parties are unable to agree upon a mutually acceptable
mediator for this purpose, each city shall select a mediator, and the two mediators shall
select a third mediator, who shall conduct the mediation.
11. Effective Date. This Agreement shall become effective on the date first
above written.
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12. Termination. This Agreement shall terminate on the date the final Shared
Revenue payment is made by Arvada unless the Parties mutually agree in writing to
terminate it sooner, or it is terminated by one city pursuant to Section 10. This
Agreement is subject to annual appropriations by Arvada. In the event Arvada fails to
appropriate funds in any year, this Agreement shall be extended for an additional year,
but cannot extend past the life of the Urban Renewal District which sunsets in 2028, and
such payment shall then be paid by Arvada as an obligation of Arvada at the earliest
possible date. Nothing herein is intended or shall be construed to impose a multiyear
fiscal obligation or debt upon Arvada within the meaning of Article X, Section 20 of the
Colorado Constitution.
13 Amendment. This Agreement is the entire and only agreement between
the Parties regarding the Development Area and the Shared Revenue, there are no
promises, terms, conditions, or obligations other than those contained herein The
Parties agree to execute any additional documents or take any additional action that is
necessary to carry out this Agreement. This Agreement may be amended only by an
instrument in writing signed by each of the Parties. If any other provisions shall be
affected by such holding, all of the remaining provisions of this Agreement shall
continue in full force and effect.
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RESOLUTION NO. 13
Series of 2004
TITLE:
A RESOLUTION AUTHORIZING AN INTERGOVENMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
THE CITY OF ARVADA FOR THE PURPOSE OF
COOPERATIVE PLANNING AND REVENUE SHARING IN
REGARDS TO THE ARV ADA RIDGE PROJECT
WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat Ridge
provides express authority to enter into intergovernmental agreements providing for cooperative
efforts between governments; and
WHEREAS, The City of Arvada and the City of Wheat Ridge has a commitment to
planned and orderly growth; to regulating the location of activities and development which may
result in increased demands for its services; to providing for the orderly development and
extension of city services, facilities, and regulations; to avoiding unnecessary duplication of
governmental services; to simplifying governmental structure where possible; to accomplishing
quality development; to reducing and avoiding, where possible, friction between the Parties; to
promoting the economic viability oftheir respective communities; and to raising revenue
sufficient to meet the needs oftheir citizens; and
-
WHEREAS, Because ofthe proximity of the Parties' development opportunities, the
nature and quality of development within each city and along Kipling and Ridge Road will affect
the nature and quality of development in the other city and the revenues of each city; and
WHEREAS, Increased coordination and cooperation between the Parties, as represented
in the Intergovernmental Agreement, in planning for and regulating growth and the development
of land within the Ridge Home and Kipling/I - 70 development area, will enhance the ability of
the Parties to achieve their respective and common goals; and
WHEREAS, The Intergovernmental Agreement outlines the Development Area, outlines
improvements to Kipling Street, 50th Avenue, Miller Street and Columbine Basin Storm
Drainage to be constructed by the City of Arvada or the developer, outlines Plan Review and
Project Reimbursement to the City of Wheat Ridge and implements a revenue sharing schedule
committing the City of Arvada to remit to Wheat Ridge an annual payment of $1 00,000 for a
period of eighteen consecutive calendar years; and
WHEREAS, The people of the State of Colorado have authorized illWlicipalities to
exercise the powers and to cooperate and contract in the matters set out in this agreement through
the Colorado Constitution; and
ATTACHMENT 2
WHEREAS, The General Assembly of the State of Colorado has authorized and
encouraged the Parties to exercise the powers and to cooperate and contract in the matters set out
in this Agreement through the enactment of State statutes; and
WHEREAS, In view of the foregoing findings of the City Council of Wheat Ridge, it is
appropriate that this Agreement be entered into; and
NOW THEREFORE BE IT RESOLVED THAT the Mayor of the City of Wheat
Ridge is hereby authorized to execute the Intergovernmental Agreement attached hereto with the
City of Arvada for the purpose of cooperative planning and revenue sharing in regards to the
Arvada Ridge project.
DONE AND RESOLVED THIS _ day of
,2004.
Gretchen Cerveny, Mayor
ATTEST:
Pamela Y. Anderson, City Clerk
ITEM NO: Lf I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
May 24, 2004
TITLE:
WHEAT RIDGE FOUNDATION APPOINTMENT
o PUBLIC HEARING
[8l BIDS/MOTlONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
[8l
No
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City Clerk \
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City~~
EXECUTIVE SUMMARY:
An application for Johnathan Puckett has been received for a vacancy on the Wheat Ridge Foundation.
- The primary purpose of the Foundation is to carry on the educational, scientific, and charitable
activities included, but not limited to the following: to acquire, maintain, and dispose of donations
made to the City of Wheat Ridge, Colorado, for the purpose of decoration, beautification, cultural
enhancement, and education, historic preservation and education, related programming, or
memorialization on or in the property and facilities owned and operated by the City of Wheat Ridge.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
If applicant is not appointed to the Wheat Ridge Foundation Board vacancies will remain.
ALTERNATIVES CONSIDERED:
Not appoint applicant to fill the vacancies on the Wheat Ridge Foundation Board.
FINANCIAL IMP ACT:
N/A
RECOMMENDED MOTION:
"I move to appoint Johnathan Puckett to the Wheat Ridge Foundation Board, term to expire March 2,
2006 "
or,
"I move to deny the appointment of Johnathan Puckett to the Wheat Ridge Foundation because
"
Attachments:
I Wheat Ridge Foundation Board application.
Report prepared by: Pam Anderson, City Clerk
Reviewed by: Randy Young, City Manager
Wheat Ridge Foundation
"working for our community's future"
Board Member Application
OKECCI\JI=D
bli ~ ~
Name:
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7 i:Zs~ L-U 2-934--VE-
'3 0 ~-2 3 7 - ? l( Cj 7
zon~ f.IAY lOP 12: l.! 8
CITY Of' ~F~ :\T F IOGC
Address:
Phone:
Are you available for monthly Board meetings that occur on week days generally
from 9:00 am -10:00 am? ~
Why are you interested in this position?
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-
What ideas or skills will you bring to the position?
En,/1/.U~ /~_~~
Are you currently involved with any other boards, committees, or other
organizations?
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j"- -10-0
Date
ATTACHMENT 1
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
the this time. Please see the Wheat ridge Clerks office if you would
like to see the map.
PUBLIC COMMENT ROSTER
DATE: May 24, 2004
ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEM& 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 IIIIIIII
N~
I
ADDRESS
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,)Q11/- ]) (~''e '5
'-
CITY OF WHEAT RIDGE, COLORADO
Mav 24. 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 Rotola, Wanda Sang,
Larry Schulz, and Mike Stites. Also present: Deputy City Clerk, Christa Jones, City Manager,
Randy Young; City Attorney, Gerald Dahl; . p .
Director of Public Works, Tim Paranto, staff; and interested citizens.
APPROVAL OF MINUTES OF Mav 10. 2004
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Motion by Mr. DiTullio for the approval of the Minutes of May 10, 2004, seconded by
carried -1 - 0 I
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read the Proclamation for National Cancer Survivors Day - June 6,
2004.
CITIZENS' RIGHT TO SPEAK
o
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ORDINANCES ON FIRST READING
Item 1. COUNCIL BILL 11-2004 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF REZONING FROM RESIDENTIAL-ONE TO PLANNED
COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10135
WEST 38TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO
(Case No WZ-04-01) (Doctor Mike Freimuth)
Council Bill 11-2004 yvas introduced on first reading by \.,) ~p v1 ic~ 1V\-11
\,~\y), vi) ~ Go'''' ~
Motion by to approve Council Bill 11-2004 on first reading, ordered published, public
hearing set for June 14, 2004 at 7.00 p m in the City Council Chambers, and that it take
effect 15 days after final publication, seconded by g) ~ J ' carried__l-_o
CITY COUNCIL MINUTES May 24, 2004
Page -2-
DECISIONS. RESOLUTIONS, AND MOTIONS
Item 2. Award ITB-04-020, 2004 Miscellaneous Streets Improvement Project.
(' '\ ' ~ . [\(1. , (r~. . ., . l ~ k~
1;)1\ '1}.A.\fX..'1 C' \ v\~IJ (\'""0~1 , 1.J,u:;\ '\....~-,J .u\ (' L "'-Vlvv" -,~ ?~ i, 10 110,,/) '-/ 1\,
Motion by \ vl,,~
to award ITB-04-020, 2004 Miscellaneous Street Improvement Project, #S-01-04, to :_,
Scott Paving, Inc , Golden, Colorado, in the base bid amount of $298,982.45. I further
move that a contingency amount of $44,84737 be approved I further move that the
Director of Public Works be authorized to issue change orders up to a total contract and
contingency amount of $343,82982 I further move that $170,000 be transferred from
Acct. No 30-303-800-841 to the Minor Street Improvement Project Acct. No 30-303-
800-840 to fund the project. I further move that all costs associated with this contract be
paid from Acct. No 30-303-800-840, and that these funds be encumbered for the length
oft~e project in accordan:e with Ordinance #787,1989 Series, seconded by ScvY' oL
carned / . Ie.' ; " ,,/ 0
(0- J~'- ....\)'- 'I l I ) )
J
Item 3.
RESOLUTION 13-2004 - A RESOLUTION AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
WHEAT RIDGE AND THE CITY OF ARVADA FOR THE PURPOSE OF
COOPERATIVE PLANNING AND REVENUE SHARING IN REGARDS
TO THE ARVADA RIDGE PROJECT.
Resolution 13-2004 was introduced by G'! l"), 13 ~i ~\
,'\-D j n' ,-, ~,,- .\-., . - .j
'1 \.. ' L\ ~,-v I rv ' ~ ' 1
Motion by !9-fppn~ve Resolution 13-2004, seconded byS'L h)
carried r U ' .
Ii I)
~il LI~)' j'j ")1 'OJ
J pd(.fq
Item 4. Wheat Ridge Foundation Appointment.
lJ \ r-- (\( ,
Motion by,/""",,' (, '~^,,,--~1 ()
To appoint Jonathan Puckett}& t1.he Wheat Ridge Foundation Board; term to expire
March 2, 2006, seconded by ~.' ,), Y)l carried I -""
" . '.J :) f -l) I
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CITY MANAGER'S MATTERS t ,'\
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\\ th _~Q (~ ,J, rJ'1 </ I I I '0'\;' X ~CI'1 '0~C, ,\ C\ '\", v, ,-
1 I' '\ ' ,\ C\
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CITY COUNCIL MINUTES May 24, 2004
Page -3-
ELECTED OFFICIALS' MATTERS
-1;4-0
Meeting adjourned at p m.
Christa Jones, Deputy City Clerk
APPROVED BY CITY COUNCIL ON JUNE 14, 2004 BY A VOTE OF _ to _
Wanda Sang, Council President
The preceding Minutes were prepared according to 947 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.
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