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Home My WebLink About06/14/2004 6:30 p.m. Pre-Meeting ~ 0..0A.. \ ,\ ~ "Jv, ~ -(, ~\~=~J~;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 14. 2004 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF May 24.2004 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 Item 1. Consent Aaenda: A. Award of RFB-04-019, Senior Center Passenger Van B. Award RFP-04-017, Custodial Services C Award SOQ-04-015, Public Works, Parks and Recreation Maintenance Facility Master Plan. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. A. Council Bill 11-2004, AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT, APPROVAL OF AN OUTLINE DEVELOPMENT PLAN, A FINAL DEVELOPMENT PLAN AND A FINAL PLAT FRO PROPERTY LOCATED AT 10135 WEST 38TH AVENUE. (CASE NO WZ-04-01) (FREIMUTH) B Approval of a Quit claim Deed in connection with the Denning Property CITY COUNCIL AGENDA June 14. 2004 Page -2- ORDINANCES ON FIRST READING Item 3. COUNCIL BILL 10 - AN ORDINANCE ENACTING NEW ARTICLE IV OF CHAPTER 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING STREET ACCESS PERMITS DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. RESOLUTION 14-2004 - AMENDING THE FISCAL YEAR 2004 BUDGET TO REFLECT ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST GRANT. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO May 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, and Mike Stites. Larry Schulz was absent. Also present: Deputy City Clerk, Christa Jones; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Public Works, Tim Paranto, staff; and interested citizens. APPROVAL OF MINUTES OF May 10. 2004 Motion by Mr. DiTullio for the approval of the Minutes of May 10, 2004; with the following correction on Item 8: It should read "Motion by Mrs. Sang to approve Resolution 12-2004", seconded by Mrs. Sang, carried 7-0. PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for National Cancer Survivors Day - June 6, 2004 CITIZENS' RIGHT TO SPEAK Charles Durbin, 3703 Ames Street, stated that the budget for the Urban Renewal showed a line item of $2.14 Million for acquisition and relocation. As of April 27, Urban Renewal kicked that up to $2.615 Million. He knows in that past Council had to approve budget increases and he didn't see it on the Agenda anywhere and is wondering if Council has approved that Item on the Agenda. (This will have to be checked out) Mae Keller, 4325 Iris Street, was present on behalf of the Jefferson Center for Mental Health Foundation Board. They are sponsoring their annual Wellness Walk at Crown Hill Park on Saturday morning, June 19. Registration is at 830 a.m. It is a non- competitive walk and/or run. It is a fund raiser for Jefferson Center for Mental Health and the programs they sponsor for mentally ill individuals, children and their family members. Registration is $15.00, or you can sponsor a person. She invited Council members and the Mayor to participate Agnes Fryer, 464 South Holland Court, property owner at 4450 Holland Street (Holland Manor 16-unit apartment). The City removed her sign that was on 44th Avenue. She did not receive a written warning. She feels this is extremely unfair because of discrimination. The Code is not equally enforced. There are other signs all over Wheat Ridge, where the City has done absolutely nothing. CITY COUNCIL MINUTES. May 24, 2004 Page -2- Motion by Mr. Gokey to allow Mrs. Fryer to continue her presentation; seconded by Mrs. Rotola; carried 6-1 with Mr. DiTullio voting no. She asked for help. (Mrs. Rotola will contact Mrs Fryer) 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 was introduced on first reading by Mrs Adams. Motion by Mrs. Adams 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 Mr Stites, carried 7-0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 2. Award ITB-04-020, 2004 Miscellaneous Streets Improvement Project. Item 2 was introduced by Mr DiTullio; executive summary and statement of the issues read by the Clerk. Motion by Mr DiTullio 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 $44,847.37 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 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 of the project in accordance with Ordinance #787, 1989 Series, seconded by Mrs Sang, carried 6-1 with Mr. Gokey voting no Mr. Gokey does not approve of the 15% contingency. 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 Ms. Berry. Ms. Berry read the summary. CITY COUNCIL MINUTES. May 24, 2004 Page -3- Motion by Ms. Berry to approve Resolution 13-2004; seconded by Mrs Sang and Mrs. Rotola; carried 7-0. Item 4. Wheat Ridge Foundation Appointment. Motion by Mr. DiTullio to appoint Jonathan Puckett to the Wheat Ridge Foundation Board, term to expire March 2,2006, seconded by Mrs. Adams and Mrs. Rotola; carried 7-0, CITY MANAGER'S MATTERS Randy Young thanked City of Wheat Ridge and City of Arvada staff for all their hard work on the IGA. ELECTED OFFICIALS' MATTERS Mayor Cerveny reminded everyone of the Memorial Day Ceremony at the All Veterans Memorial outside City Hall on Friday, May 28, at 11 :00 a.m. The West Chamber will have their quarterly luncheon on June 4 at the Lakewood Country Club. The Wheat Ridge Community Chorale will be singing at the Concert in the Park on June 9 at Anderson Park at 6:30 p.m. Districts I and 1/ will hold a joint meeting for their First Monday meeting Districts III and IV will also hold a joint meeting. Meeting adjourned at 7'40 p.m. ~~~~ ~,~/:) Christa Jones. Depu~ 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 S47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. CITY OF WHEAT RIDGE, COLORADO ....J..~of o.\:.~1 ~ J"" ~s . June 14, 2004 Mayor Ce the Regular C~ Council Meeting to order ~ 7 00 P m ;;ouncilmemb~ present: aren Adams Karen;3erry, Jerry DiTullic( Dean Gokey, Lena Rotola, Wanda Sang, Larry Schu z n I e 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 Mav 24, 2004 Motion by Mr DiTullio for approval the Minutes of May 24, 2004, seconded by ~ carried &. -0 ; ~. ~ ~ cJ"S~;v, . CITIZENS' RIGHT TO SPEAK CM1fi~ ~~6 I 4--;\1 d ~c.{) ~IY : ~UJ ~ ~ ~~ dulD:SOI"3 l1"r t- lkq. \ vt I lv\'vi+~ ~ -h, ~A+~ ~Ll';,c ~ ! 4-~ It'\l~.eot ~-H a::; aM ~'lA-h4-, ~ ~ lL(c- ~ltl",7f.ead~ > . V (' Ttt ~lvv ~. LA\rCstz,dL. ~ 14'~ keti vC tv eJC h-eC ~ I ~af1u., ~ ~~ Sv. LA Ut,.~ sV-e e-.\A. &t.q 3t t>t C3 5 F. APPROVAL OF AGENDA ~ ~ ru~~~ CITY COUNCIL MINUTES. June 14, 2004 Page -2- Item 1. Consent Aaenda: A. Award of RFB-04-019, Senior Center Passenger Van. B Award RFP-04-017, Custodial Services C Award SOQ-04-015, Public Works, Parks and Recreation Maintenance Facility Master Plan Consent Agenda was introduced and read by Mv, ~(~ Motion by Y\". ~~ 0 , () for approval of the Consent Agenda, seconded by \"""O~ . carried ::f./ 0 . PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. A. Council Bill 11-2004, AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT, APPROVAL OF AN OUTLINE DEVELOPMENT PLAN, A FINAL DEVELOPMENT PLAN AND A FINAL PLAT FRO PROPERTY LOCATED AT 10135 WEST 38TH AVENUE. (CASE NO WZ-04-01) (FREIMUTH) B. Approval of a Quit claim Deed in connection with the Denning Property Council Bill 11-2004 was introduced on second reading by MN. S"-ht-e.o . (Ordinance No \~) assigned by Pam Anderson. . tJ' r,r """-- _...,b+; \nM/1T ~c.~~ ~ ~T~ <;)~T1 r~--v,--,:O-t.., Motion by ~~. 011'\-0 to approve Council Bill 11-2004 (Ordinance ~32'S" . ) and shall take effect 15 days after final publication for the following reasons. 1 The change in zone will be in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies 2 The proposed use is compatible with the surrounding area 3 The change of zone will not adversely affect the public health, safety or welfare With the following condition 1 A note shall be added to the Outline Development Plan that reads "Tracts A & B are non-buildable tracts, and may be used as pedestrian walking trails and Open Space, seconded by lv'\I(S. ~. carried 1-/'0 . ~~ l)t-ri~){ ('0 1--0 / *''7 . P1~tl Cb :+ --0 / CITY COUNCIL MINUTES June 14, 2004 Page -3- Motion by Sf; ~ to approve the Quit Claim Deed between the City and Michael S. Freimuth and Ronald J Freimuth, an9.J9~e and direct the Mayor and City Clerk to execute the same, seconded by; ~ ~. carried -:r~ V ., - - U ORDINANCES ON FIRST READING Item 3 COUNCIL BILL 10-2004 - AN ORDINANCE ENACTING NEW ARTICLE IV OF CHAPTER 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING STREET ACCESS PERMITS Council Bi1l10-2004 was introduced on first reading by Ks, Se-.. ~ Motion by 05' ~ to approve Council Bill 1 0-2004 on first reading, ordered published, public hearing set for Monday, June 28, 2004 at 7 00 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by 9~ II to , carried +..... 0 . DECISIONS, RESOLUTIONS, AND MOTIONS Item 4 RESOLUTION 14-2004 - AMENDING THE FISCAL YEAR 2004 BUDGET TO REFLECT ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST GRANT \-1,V"5.1;Zo~. Resolution 14-2004 was introduced by Motion by ~ - ~~. to approve Resolution 14-2004, amending the fiscal year 2004 budget to reflect acceptance of the Bureau of Justice Assistance Bulletproof Vest Grant and adding $8,022.16 into the Police Department Uniforms and Protective Clothing Account #01- 211-700-730, seconded by ~A~ carried 1-- _ V . cr-- 0 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS CITY COUNCIL MINUTES. June 14, 2004 Page -4- l' :S-~. Meeting adjourned at Np m Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON JUNE 28, 2004 BY A VOTE OF to Wanda Sang, Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i.e they contain a record of what was done at the meeting, not what was said by the members. Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. Ii GORSUCH KIRGIS LLP ATTORNEYS AT LAW MEMORANDUM TO: MAYOR & COUNCIL FROM: GERALD DAHL, CITY ATTORNEY DATE: June 7, 2004 RE: Proposed Charter Amendment: Odd-Year Election Date I attach a May 11, 2004 memorandum from Geoff Wilson, General Counsel for the Colorado Municipal League. The memo identifies a discrepancy between the TABOR Amendment (Colo.Const.Art X Sec. 20), regarding the required date for TABOR election (first Tuesday in November in odd-numbered years} as compared to various municipal home rule Charters, including the Wheat Ridge Charter, at ~ 2.2 (first Tuesday after the first Monday}. As Mr. Wilson points out, in most years, these dates are the same, However, in 2005 and 2011, the TABOR date and the Charter date are one week apart. Because Jefferson County will run the county-coordinated election on the TABOR date, Wheat Ridge would have to run its separate municipal election one week later, in compliance with Sec. 2.2 of the Charter: A general municipal election shall be held on the first Tuesday after the first Monday in November of 1979, and every two (2} years thereafter. . . To do this will involve extra expense, voter confusion, and, likely, a much smaller voter turnout, assuming the City could even obtain voting machines from the Coun1ySo soon after the TABOR election. I recommend that Council direct me to prepare and bring forward a charter amendment, changing the regular municipal election date to the first Tuesday in November in odd-numbered years. The ballot question would make clear that the amendment is to schedule the City election to coincide with the coordinated election conducted by the County. The question would be voted on at the November 2004 general election. I will raise this issue during City Attorney's matters at the June 14 Council meeting. GED\53027\475943.1 ITEM NO: --1-Ji, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: June 14,2004 TITLE: A WARD OF RFB-04-019, SENIOR CENTER PASSENGER VAN D PUBLIC HEARING [:8;] BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) D _ /'Ye / ~~C!~~. Tim Paranto, Director of Public Works [:8;] No Quasi-Judicial: City~~{S EXECUTIVE SUMMARY: Funding within the Fleet Replacement Program provides for the replacement of the Parks and Recreation Department's 1999 one-ton Chevrolet, 15-passenger van, Unit 79, this year. The Parks and Recreation Staff requested that the current van, which is used at the Senior Center, be replaced with a mini-bus capable of servicing wheel chair clients. The low bid by Startrans Bus Sales, of Commerce City, did not meet the minimum specifications and is non-responsive. Staff recommends award to the second low bidder, Davey Coach Sales, Inc. of Sed alia, Colorado, in the amount of$50, 813.00. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The older passenger van used at the Senior Center is of an age and mileage warranting replacement at this time. The current van is one of the IS-passenger vans that have been identified as having higher than normal rollover potential. Because of the safety issues and the desire to accommodate wheel chairs, staff investigated other equipment to replace the van. Mini-busses having capacity for 11 passengers plus two wheel chairs was determined to be the most appropriate vehicle for the intended use. Bids for the Senior Center passenger bus were opened on Tuesday, April 13,2004 at 2:00 p.m. Three (3) bids were received for the unit ranging in cost from $38, 020.00 to $57, 732.00 (See Attachment #1). The apparent low, fully responsive bidder is Davey Coach Sales, Inc., of Sed alia, Colorado in the bid amount of$50, 813.00. Davey Coach Sales, Inc. has met all bid requirements (See Attachment #2). Based upon the compliance with bid specifications for the Senior Center passenger van unit, Staff recommends award to Davey Coach Sales, Inc. AL TERNA TIVES CONSIDERED: No award and a new Senior Center passenger bus will not be purchased. FINANCIAL IMPACT: The funds for this purchase are budgeted in Fleet Replacement, accOlmt number 01-303-807. $70,000 was estimated for purchase of the new passenger van in the 2004 budget. Funds shall be emcumbered in the amount of the bid. RECOMMENDED MOTION: "I move to award RFB-04-019, Senior Center Passenger Van to Davey Coach Sales, Inc. of Sed alia, Colorado in the amount of their bid of $50, 813.00. 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 ofRFB-04-019, Senior Center Passenger Van, 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 Senior Center Van Bid Tabulation Sheet 2. Product Review Memorandum Dated May 12, 2004 040614 Senior Center Van _ CouncilAction G> ) :f Ol c 'fii -~ -- tll -'6 ~ ~ ::> '5 n- o) ~ '".O~ 1 >- g 0 ..... Q) \= 'tJ., ~ g(t\~ 2\ 'Ii m -g ~ Q..'- - o..l 3' Q. E 0- o ~g :,~~N ~q ';( .- o~O~ <gq<i';, I)" co ~~ %'ti~~ o o ~"Z oQ ~~ '4.~ uJ? ~~ ~r u..O 0(0 t o I ~ '. .i ..;,.... a:'. " I ~ , \\\~~ " (;) <) VI <;:) "'i. \ ~ ~ I;I;), <:Y) '<0 ~ "'<\ I ~ (;) , <:1 ~ - ~ \ ~~ ~ -i ><\ t- ~~ ~ l;;;- ~\c\ " ~ (,) : Q Ii'!. - ~.~ ;i 1'("\ 1"~ - ~ ~ ~"" I" \t.. ,Q<:::::.l p" "'- '&1 <.) ~ ul Ul f/) -' ~ f/) 0 0 0... Ul 0 ~ <.) f1 O? t, ? 0... ({. z >-~ \;{ :i 0 0 a:. 9= 0 ~ 1LIiS'\ Z '0 z ?;~ ~ Ul S .n - \ \ /' os:' (f) r- w u.I ",.J ",\1- ~K ~Cl ~u.I <!It; <!'."-- \j;u.I ",0 "30:: 'Ii(/) ~ ";::> ct uJ C> ~ ~ n. ~ Th o ct o ~ (/) b Ul -, o cc: 0... ..--------- ~ 'T'T ~ctttAe.N'T 1 MEMORANDUM TO: Linda Trimble, Purchasing Agent FROM: Greg Knudson, Operations Manager Julie Brisson, Recreation Manager DATE: May 12, 2004 SUBJECT: Product Review of Senior Center Passenger Van by Startrans Bus Sales Company Per your memorandum dated April 13, 2004, Julie Brisson and I have investigated the question of whether or not the vehicle proposed in the bid, submitted by Startrans Bus Sales Company, meets the needs of the Parks & Recreation Department. Staff compared the vehicle specifications submitted by Startrans to those in the Bid Proposal with the following critical specification discrepancies noted: CITY BID SPECIFICATION STARTRANS BID SPECIFICATION 1) 11-Passenger, 2-Wheelchair Capacity 9-Passenger, 2-Wheelcahir Capacity 2) 11,500LBS. G.V.W.R. 10,700 LBS. G V.w.R. 3) AJucobond Skin Laminated Fiberglass 4) Front & Rear Heaters With Booster Pump Rear HeaterJPump Not Specified 5) Front Dash AlC & Minimum 30,000 B.T.U. Upgraded rear AlC 30,000 B T.U. Freeblow - Rear AlC Not Specified 6) Meets School Bus Rollover Testing Not specified. The Bid Proposal specifications for this vehicle are the result of a comprehensive review of existing standards by Staff, focusing on safety, durability and the needs of the Parks and Recreation Department. Startran's bid proposal does not appear to have met said specifications in these areas, while Davey Coach's bid proposal does appear to have met these requirements. Based upon this infonnation, it is the consensus of Staff that Startrans bid does not meet the needs of the Parks & Recreation Department and recommends bid award to Davey Coach in the amount of their bid of $50, 813.00 Thank you for your assistance with this process. Please feel free to contact me at 303-467-5908 if you have any further questions regarding this proposal. ATTACHMENT 2 ITEM NO: t. J" REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: June 14,2004 TITLE: APPROVE AWARD RFP-04-017 CUSTODIAL SERVICES D PUBLIC HEARING [:8;] BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi -Judicial: o ~ No CityM~~ EXECUTIVE SUMMARY: In 2001, the City awarded two custodial contracts, one for City Hall and another for all other city buildings. The current contract with Rocky Mountain Maintenance for all other city buildings was not renewed this year due to performance issues. On April 22, 2004 twelve (12) proposals were received. Three (3) firms were short listed for interviews. The number one ranked firm was Service Master Clean, Lakewood, Colorado, based on experience, detailed cleaning approach and cost. Pricing was negotiated for an annual amount of $49,788.00. Staff recommends award for a six month period. Upon approval the term shall be extended for one year with renewal options. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Recreation Center, Senior Center, Public Works Shop, Parks Shop and Offices, Anderson Building, Berbert House, Ye Old Fire House and Richards Hart Estate are affected by these services. The major reasons for rebidding were public complaints regarding the recreation center and the on- going issues with the floor at Prospect Hall. The recreation center employs a day-porter. However, the needed services are for the locker clean-outs, disinfecting the floors, walls, sinks, drain clean-outs and much more. ALTERNATIVES CONSIDERED: No award and continue with current contractor. FINANCIAL IMPACT: Funding for these services are budgeted within the departments and are not encumbered. Invoices are approved montWy. RECOMMENDED MOTION: "I move to award RFP-04-0 17 Custodial Services to Service Master Clean, Lakewood, Colorado, for the annual amount of $49,788.00. Funding is budgeted within in each department. Option to renew and increases shall be determined by the departments on a yearly basis. " or, "I move to table indefinitely award ofRFP-04-017 Custodial Services for the following reason(s) " Initiated by: Report Prepared by: Reviewed by: Mike Farrell, Facilities Linda Trimble, Purchasing Agent Patrick Goff, Administrative Services Director Attachments: I. 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UJ -' -' -0 W 0: z ~ ~ :J <{ I ~ ~ e ....., 0 0 ~ u. 0 (.) 0 0 0 ~ en UJ ~ :J 0 ::;; > (,) Z 0: en Z Z ~ Z <{ .-- (( () rt ::; Ul Cl 0.. UJ ~ ~ ~ W g UJ UJUJ :J 0.. UJ (.) (.) 0.. > f- 00 u; a <l: u. <{ <l: " 0. ITEM NO: _I, C I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: June14,2004 TITLE: AWARD SOQ-04-015 PUBLIC WORKS, PARKS AND RECREATION MAINTENANCE FACILITY MASTER PLAN o PUBLIC HEARING [:8;] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: 0 [:8;] Yes No I- -J~ /~ Director of Public Works City~~' EXECUTIVE SUMMARY: The Public Works Department and Parks and Recreation Department completed the interview and selection process to retain an architectural consultant to develop a maintenance facility master plan. This plan will accommodate the operations of both maintenance divisions, as well as the Police impound facilities, at the current Public Works Shops site. Firms were selected from a wide list of qualified architects including those currently providing on-call services for the City. This project will consist of conducting a feasibility study and development of a master plan to address immediate and long term needs. On April 21, 2004, interviews were conducted with the four short-listed consulting firms. Based on qualifications, experience, project approach, innovative ideas and the project team, Staff recommends OZ Architecture of Denver. Staff recommends award of the project to OZ Architecture, in the amount of a negotiated fee of $39,962.00. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Public Works and the Parks and Recreation maintenance divisions are currently operating from separate facilities. The existing Parks and Recreation maintenance facility was constructed using metal Butler-type buildings shortly after incorporation in 1969. Minor improvements have been made over the last 30+ years. The Parks and Recreation maintenance facility does not have adequate space to properly and efficiently perform many of the functions of the department. The land for the current Public Works Shops, along with an existing flower barn, was acquired in 1969 from an adjacent flower nursery. The barn was converted to a maintenance shops building, which remains in use today. In 1984 the Public Works Shops was expanded to the existing configuration. In 2001 the City acquired an additional 0.4 acres of property west of the Public Works Shops to be used for a possible expansion of the facility to accommodate the Parks and Recreation maintenance operation. There is a current need to replace the Police Department impound buildings, which are located at the Public Works Shops. The new Police Department building is budgeted for construction this year. To properly site the new building, a budgeted Master Plan for the future Public Works, and Parks and Recreation facilities should be completed. The plan will anticipate the Parks and Recreation maintenance programs being located at the expanded Public Works Shops, along with the current uses by the Public Works and Police departments. This study and plan will serve as a blue print for all improvements at the site, including building. The plan will be implemented over a number of phases, as funding is available. AL TERNA TIYES CONSIDERED: No award and the Public Works, Parks and Recreation Maintenance Facility Master Plan will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the New Shop Facilities - Feasibility Study line item of the 2004 Capital Improvement Program budget in the amount of $40,000.00. RECOMMENDED MOTION: "1 move to award SOQ-04-0 IS, the Public Works, Parks and Recreation Shops Master Plan Design, #M- 01-04 to OZ Architure, Denver, CO in the amount of $39,962.00. I further move that all costs associated with this contract be paid from account number 30-30S-800- 810, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." or, "I move to table indefinitely award ofSOQ-04-015 Public Works and Parks and Recreation Shops Mater Plan Design 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 Attachments: 1. 2003 Capital Improvement Program Description Justification: This budget item will fund Neighborhood Traffic Management Program projects which are approved by City Council The goal of the program is to improve the quality of neighborhood life by reducing neighborhood speeding and traffic volume DPW FACILITIES 1 New Shop Facility - Feasibility Study 2004 Budget: $40,000 Description: This feasibility study is to pre-design a new facility considering the needs, functions and capacity to meet the requested services of the City This facility will house both Public Works and Parks and Recreations' maintenance forces and be able to optimally serve the current and future services needs. Justification: Current facilities are not adequate to handle functions and capacity as needed of the City staff 2. New Shop Funding 2004 Budget $150,000 Description: Construction of new Police evidence compound. Justification: The current evidence compound buildings are deteriorated and should be replaced at this time 3 Public Works Shop Building Improvements 2004 Budget: $5,000 Description: This program provides funds for miscellaneous improvements to shops facilities Justification: Ongoing maintenance ECONOMIC DEVELOPMENT 1 ESTIP Incentives 2004 Budget: $20,000 Description: Enhanced Sales Tax Incentive Program (ESTIP) is a tax sharing program for businesses in the City Capital Improvement Program Public Works Page 5 ATTACHMENT 1 ITEM NO' {1,A. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE JUNE 14,2004 TITLE: COUNCIL BILL NO. 11-2004, AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE TO PLANNED COMMERCIAL DEVELOPMENT, APPROVAL OF AN OUTLINE DEVELOPMENT PLAN, A FINAL DEVELOPMENT PLAN AND A FINAL PLAT FOR PROPERTY LOCATED AT 10135 W. 38TH AVE. (WZ-04-01lFREIMUTH) [8J PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (MAY 24, 2004) [:8;] ORDINANCES FOR 2ND READING (REZONING ONLY) QuasI-JudICIal [8J 0 Yes No ~'^ Jib- ~ Commumty Development DIrector Clty~Ud EXECUTIVE SUMMARY: Dr MIchael FreImuth IS requestIng approval of a rezomng for the property located at 10135 W 38th Avenue. The property IS currently zoned ResIdentIal One An OutlIne Development Plan, Fmal Development Plan and Final Plat also accompany the rezomng request. The appltcant WIshes to rezone the property to Planned CommerCIal Development. The R-l zone dlstnct allows only single- famIly structures and assOCIated accessory bUIldIngs, whIle the Planned CommercIal Development zone dlstnct would allow a range of commerCIal uses as specIfied on the Outlme Development Plan. The ODP WIll establtsh all allowable uses and development standards for the property. The uses detaIled on the ODP are sImIlar m nature to the permitted uses m the Restncted CommerCIal zone dlstnct. The Final Development Plan will be a use speCIfic sIte plan. The appltcant WIshes to construct a dental office on the property Plannmg CommIssIon recommended approval of the rezomng WIth one condItIon, and recommended approval of the Fmal Development Plan and Final Plat WIthout condItIOns. COMMISSION/BOARD RECOMMENDATION: Plannmg CommISSIOn heard these requests on May 6,2004 and recommended approval of the rezoning and Outline Development Plan, WIth the followmg condItIon I A note shall be added to the Outline Development Plan that reads. "Tracts A & Bare non-bUIldable tracts, and may be used as pedestnan walking tr3l1s and open space." Plannmg CommIssIOn recommended approval of the Final Development Plan and Final Plat wIthout any condItIons. There were no neIghbors present at thIS pubhc heanng to speak to thIS request. STATEMENT OF THE ISSUES: The applIcant has voluntanly agreed to donate two tracts ofJand to the CIty The first tract IS along the western property border, and WIll facIlItate a pedestnan traIl eventually connectmg the RecreatIon Center to West 38th Avenue. An agreement was recorded (the Dennmg Agreement) wIth Jefferson County when the RecreatIOn Center was constructed. ThIS agreement stated that the developer of 10135 W 38th Avenue must dedIcate a tract ofJand to the CIty along the northern border of the property. CIty staff and the applIcant agree that the tratl would be better sUIted on the western property border. The trail will dIrect pedestnans travelmg from West 38th A venue to an eXlstmg bndge that crosses Lena Gulch. The dedIcation of the trail IS reqUired by the agreement; the locatIOn of the dedIcatIOn was changed by mutual agreement of CIty staff and the applIcant. Changes m the traIl altgnment DO NOT alter the reqUIrement to reimburse the CIty for pubhc Improvements assocIated wIth the RecreatIOn Center access. ThIS reqUires the appltcant to pay the CIty $37,388 pnor to development of thIs site. The appltcant IS also voluntanly conveymg a large portIOn of the property to the CIty ThIS area IS located wlthm the Lena Gulch 100-year flood plain and compnses roughly the northern thIrd of the property Any development of thIS portIon of the property would be extremely difficult gIven the locatIOn of the gulch and the grade of the property This IS not a reqUIrement Imposed by the CIty The appltcant and staff agreed that each party would denve benefits from the dedIcatIOn of thIS land to the CIty As a Hurd Item of thIs process, a qUItclaIm deed IS requested to qUIt claIm any further interest the CIty has m the Dennmg agreement. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: The CIty has receIved a one-tIme applicatIon fee for the land use appltcatlon. When redevelopment occurs, the CIty WIll receIve a one-time bUlldmg permIt fee. The City would receive any sales tax from retail sales that occur on the property. RECOMMENDED MOTIONS: Each of the requests will reqUIre a separate motion. .%1\ -1- Ifni Request 1: Rezoning/Outline Development Plan "1 move to approve CouncIl BlIl No 11-2004, case number WZ-04-01, a request for a rezomng from ResIdentIal One to Planned Commercial Development and approval of an Outlme Development Plan for property located at 10135 W 38th A venue and shall take effect 15 days after final pubhcatlOn, for the followmg reasons. I The change m zone wlll be m conformance WIth the City of Wheat RIdge ComprehensIve Plan goals, obJectlves and poliCIes. 2 The proposed use IS compatible WIth the sUIToundmg area. 3 The change of zone wlll not adversely affect the public health, safety or welfare. With the followmg conditIon. 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 walkmg tratls and open space." OR "1 move to table mdefimtely Counctl Bill No. 11-2004, case number WZ-04-01, a request for a rezonmg from ReSIdentIal One to Planned CommefClal Development for property located at 10135 W 38th Avenue for the followmg reasons' I " Request 2: Final Development Plan (Note: If the ODP IS not approved, the FDP cannot be approved.) "1 move to approve 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. 1 The requirements of the CIty'S Plarmed Development RegulatIOns have been met. 2 The Fmal Development Plan meets the development standards set forth m the approved Outline Development Plan for the site." OR "I move to deny 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 " x ~ Request 3: Final Plat "I move to approve 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 utIlity easements are bemg proVided. 3 Adequate mfrastructure WIll be constructed wIth the development to serve the proposed use" OPTION B. "I move to deny 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 Report Prepared by: TravIs Crane, 303.235.2849 RevIewed by' Alan WhIte Attachments. I Planning CommissIon staff report (with exhibIts) 2. CouncIl BIll No 11-2004 C./Case ReviewlFreimuthlFreimuth Council Action Form 2nd Reading CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' Planmng CommlsslOn CASE MANAGER. TraVIS Crane CASE NO. & :'lAME 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-l) to Planned Commerclal Development, approval of an Outlme Development Plan, Final Development Plan and Fmal Plat. LOCATION OF REQUEST 10135 W 38th Avenue OWNER (S): same APPLICANT (S) Dr MIchael FreImuth 8850 W 38th Ave Wheat Ridge. CO 80033 APPROXIMATE AREA. 75,370 sq. ft. (I 73 ac) PRESENT ZONING Resldentlal One (R-l) COMPREHENSIVE PLAN Village Center (VC) ENTER INTO RECORD: (X) (X) (X) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULATIONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION LocatIOn Map SIte R-1 All notIfication and postmg reqUIrements have been met; therefore, there lS JurisdIctIOn to hear thIS case. ATTACHMENT 1 Planning Commission WZ-04-0 1 &MS-04-02/Freimuth I. CASE ANALYSIS The appltcant (owner) IS requestmg a zone change from ResIdentIal One (R-l) to Planned CommefClal Development (PCD) ThIS appltcatlOn mcludes requests for approval of an Outlme Development Plan, a Final Development Plan and a Final Plat (ExhibIt I, ApplIcant Request) Each request wIll reqUIre a separate motIOn. The purpose of thIs applicatIOn IS to allow for constructIon of a dental office The property IS currently zoned R-l, and contams a smgle-famIly structure. The R-l zone dIstnct allows smgle-famlly resIdentIal and accessory bUlldmgs. The appltcant 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 wlthm the 100-year floodplam. II. OUTLINE DEVELOPMENT PLAN The Outline Development Plan WIll rezone the property and set allowable uses and development standards. The ODP IS general in nature - It serves as a baSIC bluepnnt for development of the property (Exhibit 2, Outlme Development Plan). A Itst of allowable uses has been establtshed, and can be found on page one of the ODP The Itst generally follows the uses Itsted as permItted uses m the Restncted CommerCIal zone dIstnct. Most of the speCIal uses Itsted 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 bUlldmg may be a maximum of 10,000 square feet, and may be 35 feet tall. The reqUIred setbacks Itsted on the ODP meet or exceed setbacks requued for commerCIal zone districts as speCIfied m the Code of Laws. The front yard setback IS a mmimum of 50 feet. The SIde yard setback IS a mInImum of 5 feet, and the rear yard setback IS a minImum of 20 feet. The ODP refers back to the Code of Laws for all other standards, such as fencmg, parkmg, hghtmg, slgnage and architectural design. Smce one of the requests IS to rezone the property, the reZOnIng cntena must be analyzed. III. CRITERIA Staff has the followmg comments regardmg the cntena used to evaluate a change m 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 1 &MS-04-02/Freimuth 2 There has not been a change In character In the area. A parcel to the west, the Cambndge Park subdIvIsIOn, was rezoned and subdIvIded m 1995 Much of the surroundmg propertIes have retamed the1r ongmal zomng, as set by Jefferson County The Wheat RIdge RecreatIOn Center was constructed dIrectly to the north m 2000 A vast maJonty of the prope:1les on the south sIde of West 38th Avenue and abuttIng the 38th A \ enue and KIplIng Street mtersection are zoned CommerCIal One (C -1 ). and are used commerCIally A large parcel west of the subject property was rezoned to Planned ResIdentIal Development In 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 surroundmg 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 tralllinkmg the RecreatIOn Center to West 38th Avenue along the western penmeter of the subject property The current Resldenttal 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 poltcles. 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 commerCIally since the mcorporation ofthe City The intersectIOn of Kiplmg Street and West 38th Avenue contams heavy regIOnal and local traffic The amount of traffic generated by th1S slte w1ll be negltgible compared to eXIstIng condlttons. 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 bring an economIc benefit to the commumty m the form of mcreased sales and property tax and an mcrease m 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 not exist or are under capacity. The Fire Dlstnct 1S 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 applIcant. Plannmg CommissIOn WZ-04-01 &MS-04-02/Fretmuth 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 smgle-famtly house, but not to the pomt of excessIve congestIon. The submJtted 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 buildmg. The Public Works Department has approved the drainage study and dramage plan. The proposed development should not senously reduce hght 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 rezoning WIll create an Isolated zoned dlstnct, as thIS WIll be the only parcel west ofKlphng and north of West 38th Avenue zoned Planned Commercial Development. However, much of the surroundIng area IS zoned CommerCIal One and used commercially. The proposed rezomng WIll be conSIstent WIth the deSIgnatIon on the future land use map In the ComprehenSIve Plan. Addlttonally, the proxImIty of the property to the mtersectlOn of West 38th Avenue and Klplmg Street creates a deSIrable locatIOn for a commerCIal endeavor IV. FINAL DEVELOPMENT PLAN Where the Outlme 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 appltcants WIsh to construct a dentIst office on the property A dentIst office IS an allowed use on the ODP. The follOWIng tables contam all of the development standards reqUIred and prOVIded for the site. Item Buildin Buildin Hei Setbacks Front SIde Rear Architecture . ft. Provided b FDP 5,200 s ft. 20 feet 50 feet 5 feet 20 feet Per Streetsca e Manual 117 feet 39 feet (E), 120 feet (W) 64 feet Per Streetsca e Manual The bUIldIng elevatIOns are shown on page 4 and 5 of the FDP The applicant IS proposmg a stone veneer building fayade WIth a standmg seam metal roof. Planmng Commission WZ-04-0 I &MS-04-02/F reimuth 4 Item Required by 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 Landscaping . 20% of sIte (15,074 sq ft.) . 69% 52,000 . 1 tree & 5 shrubs/1,OOO sq. ft. reqUIred , LS area (15 trees & 76 shrubs) . 16 trees & 103 shrubs . MaXImum 20% non-l1vmg . 15% (7,SOOsq ft.) landscapmg (10,400 sq. ft.) . 5 street trees . S street trees Lighting Per SectIOn 26-503 None provIded (must show at bUlldmg oenmt stage) ] Sign age Per ArtIcle VII None provIded (must show at bUlldmg I penmt stage) Fencing Per SectIon 26-603 None provIded ! Access One access pomt has been provIded from West 3Sth Avenue. ThIS access pomt meets the standard of mmlmum WIdth for an access pomt m the commerCIal zone dlstncts. The Wheat RIdge Fire Dlstnct has revIewed and approved not only the access pomt, but also all mtenor-turnmg radII. V. FINAL PLAT The appltcants are requestmg approval of a subdIVISIon plat for thIS property (ExhibIt 4, final Plat) The plat WIll establtsh typIcal uttltty easements around the penmeter of the property A cross-access easement has been establtshed m the southeast corner of the property to provIde a shared access pomt between the subject property and the property to the east. A fifteen-foot WIde tract of land has been Identtfied on the western property boundary, then contmuing east-northeast along the ltmits 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 memonaltzed the agreement. The agreement called for a IS-foot WIde dedIcation along the northern property Ime, and a reImbursement for publtc Improvements along 3Sth and Klplmg. The CIty has receIved the funds for reImbursement. City staff felt the traIl access would be better SUIted on the western property line to provide a pedestrian lmk between West 3Sth Avenue and the RecreatIOn Center It should be noted that the IS-foot dedIcatIOn IS a reqUIrement pursuant to the prevIOus agreement; the locatIOn of the tract IS not a reqUIrement. AddItIonally, the applicants are aware that the locatton of the trail access IS not a reqUIrement Imposed by the CIty. The appltcants agree WIth CIty staff that the western property lme IS the appropnate locatIOn for a traIl access. AddItIonally, 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 corner of the subject property This is not a reqUIrement Imposed by the City This addItIOnal land WIll prOVIde a needed connection for pedestnans travehng from West 3Sth Avenue to the RecreatIon Center A vast maJonty of thIs land IS located wlthm the 100-year floodplam. Planning Commission WZ-04-0 I &MS-04-02/Freimuth 5 The PublIc Works Department IS requmng funds In 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 IS undertakIng a capItal Improvement project m the area sometIme In 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 IndIcated 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 acceptmg of the proposal. A few questIOns were asked about traffic, Lena Gulch and sIte IIghtmg. A meetmg SynOpSIS and SIgn m sheet have been mcluded for revIew (ExhibIt 5, NeIghborhood Meetmg SynOpSIS & ExhibIt 6, NeIghborhood SIgn In Sheet) There are three requests, and each wiII 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 zomng. Therefore, staff recommends APPROVAL of the zone change and accompanymg Outlme Development Plan. OPTION A. "I move to recommend APPROV AL of Case No. WZ-04-0l, a request to rezone from ReSIdentIal One to Planned CommercIal Development for property located at 10135 W 38th A venue, 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 IS 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 ReSIdentIal One to planned Commercial Development for property located at 10135 W. 38th Avenue, for the followmg reasons. Planning Commlsston WZ-04-0 1 &MS-04-02/Freimulh 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. "1 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 follOWIng reasons. The reqUirements of the Clty's Planned Development RegulatIOns have been met. 2 The Final Development Plan meets the development standards set forth In the approved OutlIne Development Plan for the site. OPTION B. "I move to recommend DENIAL of Case No WZ-04-0l, a request for approval of a Fmal 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 follOWIng reasons 1 The requirements of the CIty's Subdivision RegulatIOns have been met. 2 All reqUIred utIlIty 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 follOWIng reasons' Planning ComrmsslOn WZ-04-0 1 &MS-04-02/Freimuth 7 4 rchilecl Interior Desi/!,Il 234 Columhine Slreet Suite 20/ Denver, Colorado IiO]Of> 30332/ 'M4 Fax32/5f>51 J o H N G A R N E R January 23, 2004 City of Wheatndge Commumty Development Ref. 10135 W 38th Ave Letter of Intent Dr Ron and Mike FreImuth propose to bu1ld a dental clImc as shown on the attached sIte plan. The bUlldmg w1l1 be one story WIth approXImately 5,000 s.f The materIals w111 be complImentary to the rec center to the north and the reSIdentIal to the west. PrelIml11ary elevatIons are also l11cluded. Adequate parkmg WIll be proVIded to the south of the bUlldl11g wIth landscaped Islands. Access to the sIte IS located to far west property Ime so that the entry IS as far west of the 38th street and Klphng mtersectlon. The property IS currently zoned reSIdentIal and w1l1 have to be rezoned for thIS commercIal apphcatlOn. We look forward to your prelImmary comments to our project Smcerely, John Gamer EXHIBIT 1 7500 West 29th Avenue City of Wheat Ridge Wheat RIdge, Colorado 80215 Neighborhood Meeting Notes Date: 2S November 2003 Citv Staff Present: TravIs Crane Lo~ation of Meeting: 7500 W 29th A ve./Second Floor Conference Room Property Address: 10135 W 38th Ave Propert)' Owner(s): Drs Ron & Mike FreImuth Property Owner(s) Present? yes Applicant(s): Same Existing Zoning: R-I Comprehensive Plan Designation: VIllage Center Existing Use/Site Conditions: Slllgle Famlly 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 condltlOns were also dIscussed. There were several questlOns 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 - .- - ------ \ :\ -n I I "'- \.[) Jl I \ 'J "l) 'j) Ni ~ N ---- ~ ~ N\ i ~ "'\ C) ~ (") .'(\ % "'" - '~J ~ UlC"') ~g N o tti"% oJ (D ON.... uJ 0'-% ~ ,:J ... 'X~~ <( % r() - ctE(J) ~ (/) CD O~ % (/) \J - - CI) '\) % - CO ~ c:t '- Q. "C ~ --J 'X uJ "C '(2, ~ C) (J) <( <i W - <( '<:l --::r Ul uJ ~ '0 % ..J 1\71 Q. i 01 -../ ? ..> -cf.. '" f-1 ~ ~ d. \--'\ ) o '<'"' '<'"' N ~ ~ ~ ~ ~ ro m '<'"' '<'"' INTRODUCED BY COUNCIL MEMBER ADAMS Council Bill No. 11-2004 Ordinance No. Series of 2004 TITLE: 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Doctor Mike Freimuth, approval of a rezonin~ in Wheat Ridge, Colorado, Case No WZ-04-01, for property located at 10135 West 381 Avenue, and based on a recommendation of approval from the Wheat Ridge Plannmg Commission and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Residential One District and to include in the Planned Commercial Development zone districts the following 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, STATE 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, S89012'43"W, 350.27 FEET; THENCE LEAVING SAID SOUTH LINE NOoo06'41"W, 3000 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF WEST 38TH AVENUE AND THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT-OF- WAY LINE S890l2'43"W, 165.28 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO, FI276352, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, THE FOLLOWING THREE (3) CONSECUTIVE COURSES: 1) THENCE NOoo08'23"W, 140.00 FEET, 2) THENCE S89012'43"W, 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 N45036'3TE, 37.74 FEET, 2) THENCE N78036'3TE, 112,00 FEET, 3) ATTACHMENT 2 THENCE S49003'23"E, 72.00 FEET, 4) THENCE N73006'3TE, 51.47 FEET, THENCE LEAVING SAID PARCEL OF LAND AND ALONG THE WEST LINE OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F0913894 SOoo06'41"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 rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare, The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4, 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 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~ on this 24th day of May, 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 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. ,2004, SIGNED by the Mayor on this day of ATTEST: Pamela Y. Anderson, City Clerk ATTORNEY 1st Publication: May 27. 2004 2nd Publication: Wheat RIdge Transcript Effective Date: e:lplanninglfonnslord.fnn GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM BY CITY GERALD DAHL, CITY ATTORNEY ~~~ ~' ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE JUNE 14,2004 TITLE: APPROV AL OF A QUIT CLAIM DEED IN CONNECTION WITH THE DENNING PROPERTY o PUBLIC HEARING ~ BlDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING QuasI-JudIcIal o Yes ~ No CIty~~~ CIty Attorney EXECUTIVE SUMMARY: In 1999, the CIt~ and the Dennmgs, owners of two parcels of property at the northwest comer of Klplmg and 38t Avenue, entered mto an agreement provldmg for a senes of land exchanges between the partIes. These exchanges took place m 1999, and consolIdated portlOns of the Dennmg property whIle glVlng the CIty stnps of land needed for a turn lane on KIphng and access to the Recreation Center sIte. In addItion, the Dennmgs were required to reImburse the CIty for a portlOn of the costs of extendmg water and sewer servIce to the property. ThIS payment has been made, as reqUIred by the 1999 agreement, as a precondItion to development on one of the Dennmg parcels. Fmally, the Dennmgs agreed to the future dedIcatIon of a fifteen-foot strip of property across the northern portlOn of one of theu parcels, adjacent to Lena Gulch, for use as a future pedestnan traiL The Outlme Development Plan, the Final Development Plan, and the Final Plat show the trail easement along the western border of the property and along the south SIde of Lena Gulch. The easement has been dedIcated as part of the approval of the Final Plat. ThIS alternatIVe ahgnment was arnved at by mutual agreement among the owners, Parks and RecreatIon staff, and Commumty Development staff. Because thIS development wlll prOVIde other traIl access across the property, m a better 10catlOn for the City's needs, the fifteen-foot stnp reserved III the 1999 Agreement IS no longer necessary The attached qUltclaim deed releases the City's Illterest III that strip COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The alternate traIl access to be provIded as a part of the final plat of the property IS a better alignment for the CIty's trail needs in thIS area. The approval of the Fmal Plat has mcluded an alternatIve alignment and the CIty has no need for the alIgnment reqUIred m the 1999 agreement. AL TERNA TIVES CONSIDERED: Do not release the CIty's claIm to the fifteen foot stnp, wllllIkely result m the CIty not bemg able to obtam access across the property m the more deSIrable locatIOn. FINANCIAL IMPACT: None, the CIty dId not pay any cash for the nght to the fifteen foot stnp, and the alternate access IS bemg provIded as a part of the final plat. The reqUIrement to reImburse the CIty for a portIOn of the costs of extendmg water and sewer servIce to the property is not affected by thIS qUItclaIm deed, m fact, the City has received the payment. RECOMMENDED MOTION: "1 move to approve the qUlt claIm deed between the City and MIchael S FreImuth and Ronald] FreImuth, and to authonze and dIrect the Mayor and City Clerk to execute the same " Report Prepared bY' Gerald Dahl, CIty Attorney (303) 376-5019 ReVIewed by' Randy Young, CIty Manager Attachments: 1. 1999 Agreement *(see paragraph 5) 2 QUIt ClaIm Deed cc >( . RECEPTION NO. F 12 E, 7 2:~ '3 7/02/2001 17:15:27 PG: 001-009 PAGE FEE: 45.00 DOC. FEE: 0.00 RECORDED IN JEFFERSOH COUNTY, COLORADO AGREEMENT ~S.OD /JJ THIS AGREEMENT is made and entered into by a:;d between Lisa M. Denning a~d Frank D. Denning, hereinafter referred to as "Dennings"; and the City of Wheat Ridge, a Colorado Municipal Corporation, hereinafter referred to as "the City", hereinafter referred to jointly as the "Parties". WIT N E SSE T H: C\ \J WHEREAS, the Dennings are the owners of two parcels of real property which are generally located at the northwest corner of West 38'" Avenue and Kipling Street; and lying south of Lena Gulch (hereinafter collectively the "Denning Property"}, more particularly described on Exhibit A anached hereto and fully incorporated herein by this reference; and WHEREAS, the City desires to construct a portion of West 39'h Avenue and a new traffic lane along the west side of Kipling Street, all of which will be located on two small parcels which form a part of the Denning Property; and WHEREAS, the City wishes to acquire these parcels from the Dennings; and WHEREAS, the City owns a strip of property between the two parcels of real property comprising the Denning Property; and WHEREAS, the Dennings wish to acquire that property from the City; and WHEREAS, the City has caused to be prepared legal descriptions of the parcels of property which it desires to acquire from the Dennings, which descriptions are attached hereto as Exhibits B and C; and WHEREAS, the City has caused to be prepared and attached hereto as Exhibit D a legal description of the property which it will convey to the Dennings; and WHEREAS. the Parties desire to set forth their understanding of the total agreement concerning the transfers of the above-described real property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is acknowledged and confessed, the Parties agree as follows: 1. On or before July 10, 1999, the Dennings shall convey unto the City the real property described on Exhibit B and Exhibit C. Said conveyance shall be by Warranty Deed. The Dennings will not provide the City with title insurance, provided, however, the City may conduct its own title investigation and shall notify Dennings in writing of any title objections prior to June 1, 1999. Dennings shall have until June 10, 1999, to either (i) provide evidence satisfactory to the City that said objections have been cleared or (ii) refuse to clear such objections. The City shall have until June 14, 1999, to either accept the Dennings' response and proceed to closing, or terminate this Agreement. GED\53027\31 0927 04 ATTACHMENT 1 .: '. . . 2. On or before July 10, 1999, the City shall convey to the Dermings that p3rcel of property, the legal description of which is set forth on Exhibit D Said conveyance shall be c!) by Warranty Deed. The City will not provide the Dennings with title insurance, provided, # however, the Dennings may conduct their own title investigation and shall notify City in writing of any title objections prior to June 1, 1999. City shall have until June 10, 1999, to either (i) provide evidence satisfactory to the Dennings that said objections have been cieared or (ij) refuse to clear such objections. The Dennings shall have until June 14, 1999, to either accept the City's response and proceed to closing, or terminate this Agreement. 3. As consideration for the conveyance of real property described in paragraph 1 above and the development of the right-ot-way of West 39th Avenue and the lane along the west side of Kipling Street, the City shall: A, Convey property to the Dennings as described in Paragraph 2. B. Pay unto the Dennings the sum of $3,000,00 upon receipt of the Warranty Deed described at Paragraph 1, C. Waive the park development fees which would otherwise be payable by the owners or developers of the Denning Property at the time of development of that property. D. At the time of the construction of West 39th Avenue, provide fOT tre extension of an 8 inch diameter water main into the Denning Property (at the location of West 39'n Avenue) The water main shall be extended within the Denning Property boundary a minimum distance of 10'. The City shall not be responsible for payment of tap fees, The tap fees for actual usage of the water shall be paid by the actual user of the water at the time of tapping into the Consolidated Mutual Water supply line. 4. The Dennings acknowledge the obligation as a condition of issuance of a building permit or permits for construction or development of the Denning Property, the then-owner of the Denning Property will reimburse the City 25% of the actual cost of the Improvements which are to be constructed by the City consisting of the new traffic lane along the west side of Kipling Street, and that part ot 39'" Avenue lying south of Lena Gulch and west of Kipling Street, all to be constructed upon the property described at Exhibits B and C, along with other costs directly related thereto and including the cost of a four-way traffic signal at West 39'" Avenue and Kipling Street. It is estimated that the cost of such improvements (in 1999 dollars) is approximately $151,152.00, thus the reimbursement costs will be approximately $37,288.00. 5. At the time of issuance of a building permit or permits for construction or development of the Denning Property, the then-owners of the Denning Property shall dedicate to the City a strip of property 15' in width which shall be located parallel to the lena Gulch channel for the entire distance of Lena Gulch as it traverses the northern GED\53027\31 C927 .04 -2- - . . . portion of the Denning Property and which shall be for purposes of constructing a public trail along lena Gulch, 7 6. This Agreement shall nct be effective until the execution and recordation of a copy of this Agreement in the records of the Jefferson County Clerk and Recorder. The benefits to and burdens upon the Denning Property created and imposed by Paragraphs 3, 4, and 5 hereof constitute covenants running with the Denning Property. The Dennings hereby declare that such benefits and burdens shall pass with and benefit and burden each and every tract, lot, and parcel of land within and which is a part of the Denning Property, and shall apply to and be bind;ng upon the heirs, successors in interest and assigns of the Dennings and any owner hereafter of said tracts, lots and parcels, and shall run with the land at law and in equity. 7. It is the intention of the Dennings that any and all interests in real property created by this Agreement must vest, if at all, not later than twenty-one (21) years after the death of the last to die 01 the following group of persons, all of whom are alive as 01 the date of execution of this Agreement: Frank D. Denning and Lisa M. Denning. 8. This Agreement shall not be e1fective unless and until the Wheat Ridge City Council adopts an ordinance, in accordance with Wheat Ridge Charter Section 16 5 approving the conveyance cf the property described on Exhibit D. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below. ~d D1J1{J/IM7] STATE OF COLORADO County of Jefferson ~ ~~ Frank D. enning ~ S5. Subscribed and sworn to before me this 28th d41Y of June Lisa M. D.enning and Frank D, Denning, , 1999, by WITNESS MY HAND AND OFFIClAL SEAL. ~~\~lhlission expires: ,f$;.~ .'":-!.~~~~ ;::,.' "O~ ~ ~/~OTAb':.... "" ~ ::: ~: '" Ifr ,CI>:: ~.~ coo i.i S oJ' \PUB\..\C,:o $ ~ :"..a. 4. .."';S ~ ., "'. ,. () ~ ~ '-'.(1' ............... ~~~ ~J), 0" CO\. 0 ,'~ "I, ~\" 11/nIlRlIIII\\\\ GED\5302 7\310927.04 6/14/2002 ~,;f~dtf,~ NOTARY UBLlC -3- ". . . ,.. The City of Wheat Ridge, a Colorado Municipal Corporation, has authorized the execution of this Agreement by its' duly appointment representative. ATTEST: CITY OF WHEAT RIDGE, a Colorado Municipal Corporation ~ Wanda Sang, City Cle\k Approved as to Form' bm~~ U-t' GED\53027\31 0927.04 -4- QUITCLAIM DEED THIS QUITCLAIM DEED is made this _ day of , 2004, between the CITY OF WHEAT RIDGE, a home rule municipal corporation of the State of Colorado ("Grantor") whose address is 7500 W 29th Avenue, Wheat Ridge, CO 80033, and Michael S, Freimuth and Ronald J, Freimuth ("Grantee") whose address is 8850 W 38th Avenue, Wheat Ridge, CO 80033 WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($1000) the receipt and sufficiency of which is hereby acknowledged, does hereby QUITCLAIM unto the Grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand, if any, which the Grantor has in and to the following real property, together with improvements, if any, situate, lying, and being in the City of Wheat Ridge, Jefferson County, State of Colorado, described as follows any interest in a fifteen (15) foot strip of land identified at Paragraph 5 of that certain agreement entered into between Lisa M Denning and Frank D Denning and the City of Wheat Ridge, and filed for record with the Jefferson County Clerk & Recorder on July 2, 2001 at reception No. F1267239. Said property is more particularly shown on Exhibit A attached hereto and fully incorporated herein by this reference, and is identified thereon as "15' wide future trail " TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the proper use, benefit and behoof the Grantee, its heirs and assigns forever; IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above GRANTOR: City of Wheat Ridge By: Gretchen Cerveny, Mayor ATTEST Pamela Anderson, City Clerk ATTACHMENT 2 GED\53027\4 76108.1 8T A TE OF COLORADO ss County of Jefferson The foregoing instrument was acknowledged before me this _ day of , 2004, by Gretchen Cerveny as Mayor and Pamela Anderson as City Clerk of the City of Wheat Ridge, Colorado, Witness my hand and official seal My Commission Expires. Notary Public GE0\47013\370034.01 F~[- CREATION PROPERTY CENTER /"' ... R_....--_.___ ...... - - - --- 1 prot:ed 3911-1 "'.e..ue (J ~ l j' OMO'O, OWO"' '00' 10 City r / I j / /" ') AI-lOCO PROFE~TY l --..... -..----- '_ __ ___ n_ __ ___,_ 1_ _ _ - - - '" ~---_.- - -- - - - - - - 38TH AVENUE . EXHIBIT A ,./ ITEM NO: 3 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: June 14, 2004 TITLE: COUNCIL BILL 10-2004 - AN ORDINANCE ENACTING NEW ARTICLE IV OF CHAPTER 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING STREET ACCESS PERMITS o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS [gJ ORDINANCES FOR 1ST READING (Date: June 14,2004) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 [gJ Yes '0 ~ ~-,-~~~/K Director of Public Works CitY~~ EXECUTIVE SUMMARY: The City Code does not currently address all new proposed accesses to City streets. The attached proposed ordinance provides for regulation of access to City streets when a proposed access is not controlled by existing requirements in Chapter 26 of the Code of Laws. The ordinance also exempts single-family residences, small commercial uses and minor alterations and additions to existing structures from additional regulation. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: _I \t- A review of the City Code revealed that, while there is direction concerning the construction of street accesses, there may be instances in which there are no requirements for new street accesses. The proposed ordinance should provide a mechanism to regulate those requests for street access not currently regulated by the City Code. As directed by City Council, the ordinance exempts additional regulation of single-family homes, small commercial uses and additions or alterations of structures that do not exceed 50% of the total value ofthe structure or use. ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: Staffwill administer an additional permit system. The financial impact should be minimal, as there will be few requests for new street accesses, RECOMMENDED MOTION: "I move to approve Council Bill 10-2004 on first reading, order it published, public hearing set for Monday, June 28, 2004 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." or, "I move to indefinitely table Council Bill 10-2004 for the following reason(s): " Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: Randy Young, City Manager Attachments: 1. Council Bill 10-2004 Ordinance on Street Access Permits CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 10-2004 Ordinance No Series of 2004 TITLE: AN ORDINANCE ENACTING NEW ARTICLE IV OF CHAPTER 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING STREET ACCESS PERMITS. WHEREAS, the City Council of the City of Wheat Ridge has all power and authority to enact ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council also has authority to provide for the laying out, construction, and regulation of access to and use of public streets within the City; and WHEREAS, the City Council deems it necessary to provide procedures and criteria for application of and design of access to public streets by developments within the City and those located adjacent to the City which propose to access and use City streets NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. A new article IV of Chapter 21 of the Wheat Ridge Code ot Laws is hereby enacted to read as follows. ARTICLE IV. STREET ACCESS PERMITS Sec. 21-110. Purpose. The number, spacing, type and location of vehicular access have a direct and often significant effect on the capacity, speed and safety of public streets The director of public works is hereby authorized to regulate vehicular access to or trom any public street within the city to or from property adjoining such street in order to protect the public health, safety, and welfare, to maintain smooth traffic tlow, to maintain right-ot-way drainage, and to protect the functional level of public streets For the purposes of this article, "street' shall include all public rights of way within the city which are designed or used for travel by motor vehicles. GED\53027\472258.ATTACHMENT 1 Sec. 221-111. Scope. This article applies to all developments within the city, as well as those on property adjacent to the city which propose to rely, in whole or in part, on access to and/or use of public streets within the city The requirements of this article must be satisfied prior to construction of access to or use of any street within the city which is designed or used for travel by motor vehicles. Notwithstanding the foregoing, the following developments are not subject to the requirements of this article a) Any new street access that is approved as part of any land use application. b) Street access required for one (1) single-family residence dwelling or one (1) two-family dwelling c) Street access required for any new use where the increase in traffic does not exceed 20% of the traffic generated by the previous use. Sec. 21-112. Access permit required; procedure. A permit for each proposed street access must be obtained from the director of public works. Applications shall be submitted to the director on forms maintained in the department of public works. Applications shall contain, at a minimum a) Name, address, telephone, telecopy and e-mail address of applicant(s) b) Streets to which access is requested, including the location of each proposed access point. c) Proposed design of access point and connection, including all proposed improvements, traffic control devices and turning movements, d) Traffic impact report or study, if required by the director Sec. 21-113. Review criteria. Approval, conditional approval or denial of a street access permit is within the sole discretion of the public works director The director shall consider the following criteria is reaching a decision a) Access service to abutting land is subordinate to providing service to through traffic movements b) The proposed access creates a safety or operational problem to the street or street system c) Whenever possible, residential lots shall not front on arterials (Class 3) or collectors (Class 4). d) Access to a freeway, arterial or collector street shall occur only at locations approved by the director of public works e) The property has no other access to a public street. GEDI53027\472258.4 2 f) The additional access will cause a hardship to an adjacent property or will negatively impact the street system g) The proposed access is in conformance with the requirements or standards of this Code Sec. 21-114. Appeals. The applicant may appeal conditions of approval or a denial of a street access permit by filing a written notice of appeal with the City Clerk, listing the reasons therefor within ten (10) days of issuance of the approval or denial. The city council shall conduct an administrative appeal hearing, upon ten days notice to the applicant by telecopy or first class mail. At the hearing, the applicant and the public works director may present evidence The council's decision shall be rendered within fifteen days after the conclusion of the hearing, shall be final and subject to review in the district court pursuant to Rule 106, CRCP. Sec. 21-115. Requirements. The requirements of this section are necessary to ensure that all City streets will continue to function at the level present prior to construction of the new access a) Any request for access may require the party requesting the access to construct such improvements to the street system which will mitigate the negative impact of the access on the capacity, speed or safety of the street system. b) A traffic study shall accompany all requests for access onto arterial and collector streets unless waived by the public works director. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severabilitv; Conflictina Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 4. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter GED153027\4 72258.4 3 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, READ, ADOPTED AND ORDERED PUBLISHED reading by a vote of to , this ,2004 on second and final day of SIGNED by the Mayor on this day of 2004 Gretchen Cerveny, Mayor ATTEST Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication Second Publication. Wheat Ridge Transcript Effective Date GED\53027\472258.4 4 ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCn. MEETING DATE: June 14,2004 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2004 BUDGET TO REFLECT ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST GRANT D PUBLIC HEARING D BIDSIMOTIONS [gI RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes [gI No City~~6 EXECUTIVE SUMMARY: The City of Wheat Ridge has been awarded US Department of Justice Bulletproof V est grants in the amount of$16,044.32, Staff anticipates expending 50% of the grant during 2004 and the remaining 50% in 2005. In order to receive this grant, the City must match the grant amount of$8,022.16 for 2004. The Police Department orders new vests each year. This year a combination of approximately 13 new and replaced vests will be ordered, In order to accept the grant, a resolution amending the fiscal year 2004 budget must be approved to reflect acceptance of the US Department of Justice Bulletproof V est Grant and the additlOn of $8,022,16 into the Police Department uniforms and protective clothing account #01-211-700-730 for expenditure of those funds. COMMISSION/BOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: None. ALTERNATIVES CONSIDERED: Not accept grant and decline matching assistance of$8,022.16. FINANCIAL IMPACT: Fifteen thousand dollars ($15,000) was approved during the 2004 budget process for the purchase of uniforms and protective clothing. By accepting the grant, the city will receive a reimbursement of up to $8,022.16 for the cost for vests only. RECOMMENDED MOTION: "I move to approve Resolution No. 14 amending the fiscal year 2004 budget to reflect acceptance of the Bureau of Justice Assistance Bulletproof Vest Grant and adding $8,022.16 into the Police Department uniforms and protective clothing account (01-211-700-730)." Or "I move to table indefinitely acceptance ofthe bulletproof vest grant." Report Prepared by: Barbara Delgadill~~sistant to the City Manager Ibd Attachments: 1. Resolution No. 14-2004 cc: JD Jepkema acceptance of grant - agenda jlem RESOLUTION NO. 14 Series of 2004 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2004 BUDGET TO REFLECT ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST GRANT WHEREAS, the City of Wheat Ridge applied for and was awarded a grant to asslst the Wheat Ridge Police Department in purchasing bulletproof vests; and WHEREAS, the CIty Council deslres to accept the grant m the amount of $8,022,16; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the Clty Council adoptmg a Resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City hereby accepts the grant. B. The City Manager IS authorized to execute all documents necessary for the acceptance of the award. C. Upon receipt of the funds, that the funds be placed in the general fund, D. The CIty of Wheat RIdge fiscal year 2004 budget be amended accordmgly, specifically adding $8,022.16 into the Police Department unlforms and protectiVe clothing account (01-211-700-730), DONE AND RESOLVED THIS 14th day of June 2004. Gretchen Cerveny, Mayor ATTEST: Pamela Y. Anderson, City Clerk ATTAc;HIVIENT 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.