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HomeMy WebLinkAbout12/13/2004 6:30 p.m. Pre-Meeting rlvm An~ ;\ ~ : I'J ~ ~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING December 13, 2004 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF November 22,2004 PROCLAMATIONS AND CEREMONIES Recognition of Service for Robert Howard Ci' lENS' RIGHT TO SPEAK - 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 GgNERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the Item IS called to be heard APPROVAL OF AGENDA Item 1 Consent AQenda: A Award RFB-04-038 Forestry Maintenance Services to various firms In the total amount of $78 400 00 B Award RFB-04-042 Vehicle Lease/Police C RESOLUTION 32,2004 AMENDING THE FISCAL YEAR 2004 POLICE INVESTIGATION FUND (17) BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION FOR THE PURCHASE OF AN ELECTRONIC FINGER PRINTING AND PALM PRINTING (LIVE SCAN SYSTEM) ~ D RESOLUTION 36-2004 HONORING THE VIETNAM~SE-AMERICAN COMMUNITY E RESGLUTION 33,2004 LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2004, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2005 BUDGET YEAR CITY COUNCIL AGENDA December 13, 2004 Page -2, F Cancellation of Study Session of December 20, 2004 and City Council Meeting scheduled for Monday, December 27, 2004 G RESOLUTION 34,2004 PROVIDING TAX INCENTIVES TO THE COORS BREWING COMPANY FOR THE MODERNIZATION OF THE COORS BOTTLING FACILITY IN THE CITY OF WHEAT RIDGE H RESOLUTION 35 -2004 CLOSING THE BAUGH HOUSE FUND Approval of Final Plat for Arvada Ridge Development In the City of Arvada J AppOintment of Murray, Dahl, Kuechenmelster and Renaud as City Attorney K Appointments to Building Code AdVISOry Board PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Item 3 Item 4 Item 5 Item 6 COUNCIL BILL 23,2004 AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL,TWO TO PLANNED HOSPITAL DISTRICT FOR PROPERTIES LOCATED AT 8301 AND 8321 WEST 32ND AVENUE AND THE AREA LABELED AS TRACT A ON THE EXEMPLA LUTHERAN HOSPICE OUTLINE DEVELOPMENT PLAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON STATF: OF COLORADO (CASE NO WZ,04-07/EXEMPLA) - COUNCIL BILL 22-2004 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTIONS 5-76 5,78 5-79 AND 5,82 TO ADOPT THE 2003 INTERNATIONAL CODES WITH AMENDMENTS AND ADOPTING SECTIONS 5-84, 5-85 5,86 AND 5-87 TO ADOPT THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE 2003 INTERNATIONAL RESIDENTIAL CODE 2003 INTERNATIONAL FIRE CODE AND 2003 INTERNATIONAL FUEL GAS CODE WITH AMENDMENTS COUNCIL BILL 24-2004 AN ORDINANCE AMENDING CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE SALES AND USE TAX Public Hearing on request for the approval of a Special Use Permit to allow for a dog day care faCility on a-2 (Agricultural Two) zoned property located at 4322 & 4330 Xenon Street (SUP,04-05) (Grosse) Public hearing on 2005-2006 Community Development Block Grant Allocations CITY COUNCIL AGENDA: December 13, 2004 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7. RESOLUTION 37-2004 NEIGHBORHOOD REVITALIZATION STRATEGY (NRS) CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT - Page -3- ~ffm ~U:iU[ CITY OF WHEAT RIDGE, COLORADO November 22, 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7'00 p m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Councilor Dean Gokey was absent. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, Deputy City Manager Patrick Goff; City Attorney Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto; staff and interested citizens APPROV AL OF MINUTES OF November 8. 2004 Motion by Mr DiTullio for the approval of the Minutes of November 8, 2004, seconded by Mrs Sang, carried 7-0 ORDINANCES ON FIRST READING Item 1. COUNCIL BILL 23-2004 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-1WO TO PLANNED HOSPITAL DISTRICT FOR PROPERTIES LOCATED AT 8301 AND 8321 WEST 32ND AVENUE, AND THE AREA LABELED AS "TRACT A" ON THE EXEMPLA LUTHERAN HOSPICE OUTLINE DEVELOPMENT PLAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WZ-04-07/EXEMPLA) -- Council Bill 23-2004 was introduced on first reading by Mr Stites Motion by Mr Stites to approve Council Bill 23-2004 on first reading, ordered published, public hearing set for Monday, December 13, 2004 at 7 00 p.m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Rotola, carried 7-0 Item 2. COUNCIL BILL 24-2004 - AN ORDINANCE AMENDING CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE SALES AND USE TAX. Council Bill 24-2004 was introduced on first reading by Mrs Adams CITY COUNCIL MINUTES. November 22,2004 Page -2- Motion by Mrs Adams to approve Council Bill 24-2004 on first reading, ordered published, public hearing set for Monday, December 13, 2004 at 700 p m. in the City Council Chambers, and that it take effect January 1, 2005 as permitted by Section 5.11 of the Charter; Mrs. Adams further moved to amend Council Bill 24-2004 Sec. 22-56 (a) (1) to read "(1) On sales amounting to less than nineteen cents ($0.19), no tax;" seconded by Mrs Sang, carried 7-0 Item 3. COUNCIL BILL 25-2004 - AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY, SETTING SERVICE CHARGES RELATED THERETO, AND PROVIDING FOR THE MANAGEMENT THEREOF, INCLUDING USE OF REVENUES, ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT Council Bill 25-2004 was introduced on first reading by Mrs Sang Motion by Mrs Sang to approve Council Bill 25-2004 on first reading, ordered published, public hearing set for Monday, March 28, 2005 at 7'00 p m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mr DiTullio Mrs Sang is changing the public hearing date to be open and communicative with the public. She stated that the June Town Meeting could be moved to the March First Monday meeting - Motion by Mrs Sang to amend the original motion to direct staff to look at alternative funding sources from the capital or general fund, seconded by Mr DiTullio, carried 4-3 with Councilmembers Adams, Berry, and Rotola voting no Original motion as amended carried 4-3 with Councilmembers Adams, Berry, and Rotola voting no DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. RESOLUTION 29-2004 - AUTHORIZING JEFFERSON COUNTY OPEN SPACE TO COMPLETE AN APPRAISAL, ENVIRONMENTAL ASSESSMENT, SURVEY, AND NEGOTIATE THE FAIR MARKET VALUE OF THE 6 64 ACRES OF PROPERTY LOCATED AT 4101 MILLER STREET (NORTHWEST SANITATION OPERATION PLANT) Resolution 29-2004 was introduced by Mrs. Adams Motion by Mrs. Adams to approve Resolution 29-2004, seconded by Mr Stites, carried 7-0 CITY COUNCIL MINUTES November 22, 2004 Page -3- Item 5. RESOLUTION 28-2004 - REPEALING AND REENACTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS SPECIFIED BELOW FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR THE 2005 BUDGET YEAR. Resolution 28-2004 was introduced by Mrs. Rotola. Motion by Mrs Rotola to approve Resolution 28-2004, seconded by Mrs Sang. Mr DiTullio made the following disclosure statement: "Madame Mayor and members of the Council, I have been advised by the City Attorney that I should disclose that I have a family member who is an employee of the City I make this disclosure as required by Charter Section 3 14 I would ask the City Attorney to comment on the need for this disclosure" Mr Dahl stated that Charter Section 3 14 only requires disclosure of the facts, which may be a conflict. In this case, the action before the Council is the entire City budget document. In this context, the vote on the matter will not be on any specific salary This circumstance has come up in previous years with family members who are city employees He concludes that, while the disclosure is required, now that it has been made, Councilor DiTullio is entitled to vote on the budget. (Attorney's note. Charter Section 3 14 requires Council Members to disclose "material or significant" financial interests they have with the City Once the disclosure is made, it is up to the Council to take any action I deems necessary, which could range from no action at all, up to a motion requiring the member to abstain from voting on the matter, all depending upon the individual facts of the case) - Motion carried 7-0 Item 6. RESOLUTION 30-2004 - AMENDING THE FISCAL YEAR 2004 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $71,550 FOR MUNICIPAL COURT AND MISCELLANEOUS SERVICES PROVIDED BY THE CITY ATTORNEY. Resolution 30-2004 was introduced by Mr Stites Motion by Mr. Stites to approve Resolution 30-2004, a budget supplemental appropriation from the General Fund unreserved fund balance in the amount of $11 ,550 to Acct. No 01-107-700-704 and $60,000 to Acct. No 01-107-700-799 to cover Municipal Court and Miscellaneous Services and Charges provided by the City Attorney; seconded by Mrs Rotola, carried 7-0 CITY COUNCIL MINUTES November 22, 2004 Page -4- Item 7. RESOLUTION 31-2004 - ADOPTING THE COLORADO MUNICIPAL RECORDS RETENTION SCHEDULE AND SUBSEQUENT UPDATES Resolution 31-2004 was introduced by Mrs Sang Motion by Mrs. Sang to adopt Resolution 31-2004, effective immediately upon adoption, seconded by Mr DiTullio, carried 7-0. Item 8. CITY COUNCIL APPOINTMENTS TO VARIOUS METROPOLITAN BOARDS AND AGENCIES Mrs Rotola moved to appoint Gretchen Cerveny to serve as the City's representative to DRCOG, seconded by Mr DiTullio, carried 7-0 (Current- Gretchen Cerveny; Alternate- Larry Schulz) Mr Schulz moved to appoint Lena Rotola to serve as the City's representative to Jefferson County Housing Authority; seconded by Mrs Sang, carried 7-0 (Current- Lena Rotola) Mr Schulz moved to appoint Lena Roto/a to serve as the City's representative to the Jefferson County Community Development Block Grant Committee, seconded by Mrs. Sang, carried 7-0 (Current- Lena Rotola) - Mrs Adams moved to appoint Janelle Shaver to serve as the City's representative to the Jefferson County Board of Corrections, seconded by Mr Stites, carried 7-0 (Current- Janelle Shaver) Mrs Sang moved to appoint Jerry DiTullio to serve as the City's representative to the Police Seizure Fund, seconded by Mr. Stites, carried 7-0 (Current- Jerry DiTullio) Mrs Rotola moved to appoint Gretchen Cerveny to serve as the City's representative to the Jefferson Economic Council and Karen Adams as alternate, seconded by Mr Schulz; carried 7-0 (Current- Gretchen Cerveny) Item 9. BOARD AND COMMISSION APPOINTMENTS Mayor Cerveny introduced the item and City Clerk Pam Anderson read the executive summary Motion by Mr Stites to appoint Ross Westover to the Wheat Ridge Foundation, term to expire March 2,2007, seconded by Mrs. Rotola, carried 7-0 CITY COUNCIL MINUTES November 22,2004 Page -5- Motion by Mr Schulz to appoint James Molnar to the Building Code Advisory Board, term to expire March 2,2008, seconded by Mr DiTullio, carried 7-0 ELECTED OFFICIALS' MATTERS Mayor Cerveny stated the budget Council approved tonight is based on having to cut 1 Million Dollars from the 2004 budget This includes laying off even more people, which we would have had to do if the sales tax had not passed Since citizens approved the increase in sales tax, in the next month or so, staff will be recommending a new 2005 budget, which will keep the employee positions which would have ended with the 2005 austere budget Plans for adding personnel to the Police Department, recommendations to maintain the Parks and Recreation Department, make recommendations to increase staff time for business retention and economic development Maybe there will be money to add to the CIP budget City Clerk Pam Anderson thanked Election Commissioners Nick Scotella and Karin Gallup for volunteering to work the ballot box on Election Day and to direct electors to their appropriate precincts Councilor Schulz appreciates the voters' confidence and is committed to make changes responsibly and with reasonable restraint Councilor Stites asked that constituents give input on the storm water drainage issue Councilor Sang invited everybody to the potluck for Districts I and II which will be held on -- Thursday, December 9, at the Richards Hart Estate from 6 30 to 9 30 P m Councilor DiTullio is looking forward to the potluck and to citizens' input on the drainage Councilor Berry stated that the economic foundation of this City is broken and the City, because of its limited resources, has only been able to patch the resulting cracks in the walls of our community, but not fix the underlying problems. The community, through the sales tax increase, has given the City the means to fix our economic foundation However, the sales tax increase is not a blank check and it alone will not solve our long term economic problems If used wisely, it will allow Wheat Ridge to create the economic foundation we need to become a sustainable community Adding programs such as weed management and large item pickup at the cost of about $200,000 to the budget at this time is like patching wall cracks It takes resources for fixing our true problems and those cracks will continue to appear until our foundation is fixed The citizens have given the City their trust and the tools we need to build a stronger community Council must pay back that trust and solve the public safety and long term economic problems in the foundation of our community before we spend any money fixing up our landscaping and other items. CITY COUNCIL MINUTES November 22, 2004 Page -6- Meeting adjourned at 7 45 P m. APPROVED BY CITY COUNCIL ON DECEMBER 13, 2004 BY A VOTE OF to Lena Rotola, Council President The preceding Minutes were prepared according to S47 of Robert's Rules of Order, Le they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ITEM NO: ~\ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 13,2004 TITLE: AWARD RFB-04-38 FORESTRY MAINTENANCE SERVICES TO VARIOUS FIRMS IN THE TOTAL AMOUNT OF $78,400.00 o PUBLIC HEARING [g) BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date._) o ORDINANCES FOR 2ND READING Quasi-JudIcial' o Yes rg] No City ~c.:sud {Of Director of Parks and EXECUTIVE SUMMARY: - RFP.04-38 Forestry Maintenance Services for 2005 include tree pruning and removal, stump removal, broadleafweed control, turffertilizer application, tree planting and emergency services in parks, open space and right-of-ways. Services are obtained based on lowest price and scheduling availability. On November 17,2004, six (6) bids were received and evaluated. Various firms are contracted for each service. Funds totaling $78,400.00 shall be encumbered in accounts 01-604-700-704 (F orestry) and 01-603-700-704 (Parks Maintenance) COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Forestry ServIces bid is an annual renewal of services for outsourcing specific services. The contracts are now administered by the Parks Project Coordinator with input from the Forestry Technician. AL TERNA TIVES CONSIDERED: Deny award for Forestry Services. FINANCIAL IMPACT: The funds for this purchase are budgeted in accounts 01-604-700-704 and 01-603-700-704 The total budgeted amount is $78,400.00. Purchasing will encumber $78,400.00 upon approval in the following accounts: . $60,000 from account 01-604-700-704 . $18,400 from account 01-603-700-704 RECOMMENDED MOTION: "I move to award RFP-04-38 Forestry Maintenance Services to various firms in the total amount of $78,400 00 .. or, "I move to deny award of RFP-04-38 Forestry Maintenance Services for the following reason(s) .. 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G) ::J m m z o.z \ m n> m <Jl .....0 C- <Jl m ~ III R 0 '3-< .... to \ -< CT "'- SD 0 -0 '<\ '1-- \ c ~ ~ 0 ::r II> r- !J> v:> ~ :;' \ '" ;g (1) ~ I ITEM NO. L 13, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 13,2004 TITLE: AWARD RFB-04-042 VEHICLE LEASESIPOLICE o PUBLIC HEARING ~ BIDS/MOTlONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING QuasI-Judicial: o Yes ~ No I E~~~ In~ Police Chief ~~ City Manag ~ - EXECUTIVE SUMMARY: The Wheat Ridge PolIce Department leases three undercover police vehicles for the Special Investigations Unit (SIU). The vehicles are leased for two years with annual payments made in January The current lease expires December 31,2004 and is a closed end agreement. On November 30,2004, four (4) bids were received. Evaluations and inspections were performed by SID on the apparent low bidders. The apparent overall low bidder was Centennial Leasing of Englewood, Colorado. The bid for three vehicles was initially for $15,707.80. Upon inspection one of the vehicles was not satisfactory. The next low bidder for that vehicle was Used Car Warehouse of Denver in the amount of$5,158.44 That vehicle was satisfactory. It is recommended that two of the vehicles be leased from Centennial Leasing for a total of$1 0,346.04 and the third vehicle be leased from Used Car Warehouse for $5,15844. Total combmed annual lease amount is $15,504.48. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: None AL TERNA TIVES CONSIDERED: None FINANCIAL IMPACT: The original budgeted amount for these vehicles was $17,500.00 Funding is available in account number 01-214-700-758, from the approved 2005 budget, for the total amount of$15,504.48. RECOMMENDED MOTION: "I move to award RFB-04-042 Vehicle Leases/ SlU to Centennial Leasing, Englewood in the amount of$10,346.04 and Used Car Warehouse, Denver in the amountof$5,158.44, Total combined annual lease IS $15,504 48." or, "I move to deny award of RFB-04-042 Vehicle Leases for the following reason(s) " Report Prepared by: Reviewed by Sergeant Mark Cooney Chief Joe Cassa Linda Trimble, Purchasing Agent Attachments: 1 Bid Tabulation Sheet 041213 CAF vehicle lease r:Jl C (f) ro J::: o ~ => n. <ll :0 ~ >- .s ~.= w ro Z1:J ~.~ 0-1 c <ll r:Jl <( ~ J I u. o I -I IJ (f) E ~ c.~ o <3 w 0 ......, o :;;:"li::J Z t-Nw_ ....JNw 000 o ;:;..,.~VlEW-- e.> 0""00- o.O"--i;:;e.> .. OIZOw_ WZ:l'lIlzC'):J..J C) au. 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" a. <g\ ~ ~ ~ Yl- 0\ <:l C(} ("'- .4 ATTACHMENT 1 W N U) o :2 I- Z :J a :2 <( -1 <( :J Z Z <( -1 ~ a I- ITEM NO: ~ I C I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 13,2004 TITLE: RESOLUTION 32-2004 AMENDING THE FISCAL YEAR 2004 POLICE INVESTIGATION FUND (17) BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION FOR THE PURCHASE OF AN ELECTRONIC FINGER PRINTING AND PALM PRINTING (LIVE SCAN) SYSTEM o PUBLIC HEARING o BIDS/MOTIONS [8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING QuasI-Judicial: 0 Yes ~I-e~ [8J No City~ - EXECUTIVE SUMMARY The Wheat RIdge Police Department IS ready to continue the implementation of the police department computer project. In 2004, Phase Two of the mobile field reporting project was budgeted for completion. This involved the addition of electronically reporting certain traffic crashes in the marked patrol vehicles. This project is being temporarily postponed because the police department will be reViewing, editing, and changing its report writing policies. Additionally, the State of Colorado is changing the Colorado Accident Report, which is scheduled to be in place in January of2006. The Interim Police Chief has been actively reviewing and assessing the police department computer project and recommends a different course of action. It is recommended that the department implement a live scan fingerprint identification system. The Live Scan system will electronIcally capture fingerprint and palm print images. These images will then be electronically transmitted to the Colorado Bureau of Investigation and entered into their automated fingerprint identification system. This project has been thoroughly researched, and it is expected that this system will improve the efficiency of our booking process of arrestee's. It is estimated there are approximately 200 arrestee's per month that are booked and processed through the Wheat Ridge Police Department. The use of this system will further aId in the proper identification of person's in criminal cases such as identlty theft and impersonatIOn. It is further expected that the system will result in less administrative time, and will increase the availability of patrol officers on the street, and provide investigator's with more time to investigate cases assigned to them. The cost of this system, which includes an interface to our Records Management System, is $61,122. The approved 2004 budget for Phase Two of the mobile field reporting project is $38,000 and will be used towards the purchase of the live scan fingerprint system. It is requested that a budget supplemental appropriation from the Police Investigation Fund undesignated reserves, in the amount of $ 23,122, be approved to cover the remaining expenses of this project; therefore, no additIOnal funding is requested from the general fund account. The Police Investigation Fund was established in 1990 to track proceeds from seizures and forfeitures of property pursuant to the Public NUIsance Policy and the Colorado Contraband Forfeiture Act. These funds can be used only by the Police Department for purposes other than normal operating needs. COMMISSION/BOARD RECOMMENDATION N/A STATEMENT OF THE ISSUES Identix, Incorporated IS the only authorized and approved provider of the Live Scan system by the Colorado Bureau of InvestigatIOn. Logistic Systems, Inc. is the vendor for the police department Records Management System. Thus, both vendors are considered as sole source vendors for this project. - The Police Investigation Fund was established in 1990 to track proceeds from seizures and forfeitures of property pursuant to the Public Nuisance Policy and the Colorado Contraband Forfeiture Act. These funds can be used only by the Police Department for purposes other than normal operating needs. AL TERNA TIVES CONSIDERED The alternative to this project is to continue manually obtaining finger prints and palm prints through the use of an inked finger printing system. FINANCIAL IMPACT The electronic finger printing and palm printing (Live Scan) system will be partially funded with approved 2004 Budget funds in the amount of$38,000. The remaining $23,122 will be funded out of the Police Investigation Fund, which does not impact the General or Capital Funds. Approval ofthis budget supplemental appropriation will reduce the Police Investigation Fund undesignated reserve fund to $49,920.52. RECOMMENDED MOTION "I move to approve Resolution No. 32-2004, Amending the Fiscal Year 2004 Police Investigation Fund (17) Budget to Reflect the Approval of a Budget Supplemental Appropriation for the Purchase of an Electromc Finger Printing and Palm Printing (Live Scan) System." or, "I move to table indefinitely Resolution No 32-2004, for the following reason(s) " Report Prepared by. Joseph E. Cassa, Interim Chief of Police Reviewed by: Patrick Goff, Administrative Services Director Attachments: Resolution No. 32-2004 - RESOLUTION NO. 32 Series of 2004 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2004 POLICE INVESTIGATION FUND (17) BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION FOR THE PURCHASE OF AN ELECTRONIC FINGER PRINTING AND PALM PRINTING (LIVE SCAN) SYSTEM WHEREAS, the Wheat Ridge Police Department does not have an electronic finger pnnting and palm printing system; WHEREAS, the Wheat Ridge Police Department desires to integrate the Live Scan Electronic system into the arrestee booking process, thereby making the process more timely and efficient; WHEREAS, funds must be designated before the system is contracted for; WHEREAS, the Police Investigation Fund has sufficient funds in undesignated reserves to pay for these items; WHEREAS, the Police Investigation Fund committee has approved the expenditure of these funds; - NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2004 Police Investigation Fund Budget be amended accordmgly, specifically transferring $23,122 from Police Investigation Fund undesignated reserves into account #17-202- 650-660. DONE AND RESOLVED THIS _ day of December 2004. Gretchen Cerveny, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 1 lTEMNO ~, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE December 13, 2004 TITLE: RESOLUTION 36-2004 HONORING THE VIETNAMESE- AMERICAN COMMUNITY o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi-Judicial. 0 ~ Yes No ~~~ Cit~~ EXECUTIVE SUMMARY: - A resolution honoring the Vietnamese-American Community for their contributions to the United States and recognizing the flag of the former Republic of Vietnam as the official flag of the Vietnamese-American Commuruty The flag symbolizes freedom and democracy and represents an important cultural heritage to many Vietnamese-Amencans. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: A similar resolution has been passed by the Colorado State Legislature and municipalities in the Front Range, including the City of Lakewood. The City of Wheat Ridge and the Metro Denver Area are home to many Vietnamese-Americans. The resolution will be presented by Mayor Cerveny at celebration held on the New Year by members ofthe Wheat Ridge Vietnamese-Amencan community ALTERNATIVES CONSIDERED: Do not pass Resolution 36-2004 FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to approve Resolution 36-2004 " or, "I move to deny the approval of Resolution 36-2004 for the following reasons Attachments: 1 Resolution 36-2004 RESOLUTION NO. 36 SERIES OF 2004 TITLE: A RESOLUTION HONORING THE VIETNAMESE-AMERICAN COMMUNITY. WHEREAS, Vietnamese-Americans should be honored for their contributions to the United States, and WHEREAS, the City of Wheat Ridge and the Metro Denver Area are home to many Vietnamese-Americans, and WHEREAS, the former Republic of Vietnam is the country of origin of many Vietnamese-Americans, and WHEREAS, the flag of the former Republic of Vietnam is a yellow background with three horizontal red stripes, and WHEREAS, the flag of the former Republic of Vietnam symbolizes Freedom and Democracy and represents an important cultural heritage to many Vietnamese Americans, and -- WHEREAS, Vietnamese-Americans have shown their desire that the yellow flag with three red stripes be recognized as the official flag of the Vietnamese-American Community NOW, THEREFORE, BE IT RESOLVED that the City of Wheat Ridge City Council honors the heritage of the Vietnamese-American community and formally recognizes the flag of the former Republic of Vietnam as the official flag of the Vietnamese-Americans residing in Wheat Ridge, Colorado DONE AND RESOLVED this 13th day of December 2004. Gretchen Cerveny, Mayor ATTEST. Pamela Y Anderson, City Clerk ATTACHMENT 1 ITEM NO' \ lEI REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 13,2004 TITLE: RESOLUTION 33-2004 LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2004, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2005 BUDGET YEAR o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 1es , j}- ,t'//r .l// 1/ai~1l{/1lJ!/ rl Deputy City Manager o No cNoY, City Mana~r EXECUTIVE SUMMARY: - Section 39-5-128 of the Colorado Revised Statutes (C.R.S ) requires the Jefferson County Assessor to certify to the City the total valuation for assessment of all taxable property located within the territorial limits of the City of Wheat Ridge. The total net assessed valuation for the City for the year of2004 is $378,555,210 which is a decrease of$372,460 compared to the year of2003. The City is also required by this same section of the C.R,S. to officially certify the property tax mill levy to the Jefferson County Board of County Commissioners by December 17,2004. The City's property tax mill levy was temporarily reduced from 1.860 mills to 1 806 mills for the 2004 budget and will increase to 1 830 for the 2005 budget, raIsing $692,624 in property tax revenue, an increase of$8,28l over 2004. Section 20 of Article X of the Constitution of Colorado, the Taxpayers Bill Of Rights (TABOR), restricts increases in property tax revenue to inflation plus local growth (defined as the percentage change in actual value of real property from construction of taxable real property improvements). This allowable growth for the City in 2004 is 1.21 %. TABOR also restricts the City from raising the property tax mill levy without voter approval unless the mill levy was temporarily reduced in a prevIOus year. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: N/A FINANCIAL IMP ACT: The City's mill levy will be set at I 830 raising $692,624 in property tax revenue. RECOMMENDED MOTION: "1 move to adopt Resolution No.33-2004 levying a mill levy ofl.830 on general property taxes for the year of 2004, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2005 budget year." or, "1 move to postpone indefinitely Resolution No. 33-2004 levying a mill levy of 1.830 on general property taxes for the yearof2004 for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager - Attachments: 1 Resolution No. 33-2004 RESOLUTION NO. 33 Series of 2004 TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2004, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2005 BUDGET YEAR WHEREAS, the City Council of the CIty of Wheat Ridge adopted the 2005 annual budget on November 22, 2004 in accordance with the Local Government Budget Law, and; WHEREAS, the amount of money necessary to balance the budget for general operating purposes from real property tax revenue is $692,624, and; WHEREAS, the Local Government Budget Law requires certification of the annual property tax mill levy by December 17, 2004, and; WHEREAS, the total net assessed valuation of all taxable property subject to taxation for the year of 2004 is $378,555,210 and; WHEREAS, the City for the fiscal year 2004 has determined to levy 1.830 mills on all taxable property within the City; and - NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: A. That for the purpose of meeting all general operating expenses of the City of Wheat Ridge during the 2005 budget year, there is hereby levied a tax of 1.830 mills placed upon each dollar of the total valuation of all taxable property within the City of Wheat Ridge for the year 2004. B. That the Mayor of the City of Wheat Ridge is hereby authorized and directed to unmediately certify to the County Commissioners of Jefferson County, Colorado the mill levy for the CIty of Wheat Ridge as herein above determined and set DONE AND RESOLVED THIS day of ,2004. , GRETCHEN CERVENY, MAYOR ATTEST' PAMELA Y. ANDERSON, CITY CLERK ATTACHMENT 1 ITEM NO: L~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 13,2004 TITLE: CANCELLATION OF STUDY SESSION SCHEDULED FOR DECEMBER 20, 2004 AND CITY COUNCIL MEETING SCHEDULED FOR DECEMBER 27, 2004 o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes ~ No c,~~ EXECUTIVE SUMMARY: - There are currently no agenda items scheduled for the December 20, 2004 Study Session or the December 27,2004 City Council meetmg. It is recommended that the Study Session scheduled for Monday, December 20,2004 and the City Council meeting scheduled for Monday, December 27, 2004 be canceled. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: Hold the Study Session and City Council meeting as scheduled. FINANCIAL IMP ACT: N/A RECOMMENDED MOTION: "I move that the Monday, December 20,2004 Study Session and the Monday, December 27, 2004 City Council meeting be canceled." or, "I move to hold the Monday, December 20,2004 Study Session and the Monday, December 27,2004 City Council meetings as scheduled." Report Prepared by: Debbie Meixner (303-235-2819) 041213 December 27th Meeting ITEM NO: _( ~ 6 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 13, 2004 TITLE: RESOLUTION 34-2004 PROVIDING TAX INCENTIVES TO THE COORS BREWING COMPANY FOR THE MODERNIZATAION OF THE COORS BOTTLING FACILITY IN THE CITY OF WHEAT RIDGE o PUBLIC HEARING o BIDS/MOTIONS [8J RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes r8J No Ci~~ EXECUTIVE SUMMARY: - The Coors Brewing Company owns and operates the Rocky Mountain Bottling Company manufacturing facility in the City of Wheat Ridge. They will be rebuilding and modernizing their two furnaces during 2005 and 2006. The furnaces which melt the glass used for the bottles are the core operations of the company. Based on current estimates, the rebuild and modernization project will cost approximately $37.4 million dollars. It is estimated that approximately $20,000,000 would be subject to sales and use tax as tangible property yielding $600,000 over three years of a one-time tax generation to the City. Coors Brewing Company is asking for relief from the sales and use tax to rehab their existing furnaces. Rehab of the furnaces would not result in additional burdens to the City but will result in a direct influx of additional tax revenue. Coors has asked for relief from 50% of the property taxes for four years as well as sales and use tax on the tangible property. COMMISSIONIBOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: In considering the request for relief, staff considered the followmg points: Resolution No. 2004-34 Coors Tax Incentive Agreement ,2, December 13, 2004 . Coors employs approximately 256 individuals at the bottling plant and currently operates the plant at full capacity. · The workforce is considered to be "skilled labor" by state labor department statistics, earnmg an average salary of well over the state average. · The plant currently pays approximately $200,000 per year in sales and use taxes on items consumed in the manufacturing process. · Property tax and additional revenue for the City through other types of fees, assessments and utility charges generated are approximately $100,000 year. · The principal benefit of the rebuild and modernization project to the Wheat Ridge community will be the preservation of a core business, its direct workforce, and the businesses in the area that support its operation. · The rebuild and modernization project will not expand the operations of the facility or increase its workforce. Tax Incentive Agreements are traditionally used to assist a core business expand operations or increase employment. While the proj ect will not expand operations or increase the plant's workforce, there are a number of benefits to the community including workforce stability and preservation of one ofthe City's core businesses. In weighing these issues, staff thought that some form of relief could be granted to support one of our core businesses and assist them in their continued success for the next eight to ten years. But rather than a 50% rebate of City property taxes and sales and use tax as requested by Coors, staff thought it more appropriate to only share back 25% ofthe sales and use tax paid on the equipment for rebuild and modernization of the furnaces. Based on the antiCipated additional sales and use tax generation of $600,000, the City would share back $150,000 with Coors. ALTERNATIVES CONSIDERED: A second alternative considered was to deny the request for relief based on the fact that the rebuild would not expand operations or increase employment. However, this alternative does not take into consideration the benefits to the community from the plant or acknowledge the capital investment that would be made. In addition, the capital investment being made would help ensure the success ofthe bottling facility for another eight to ten years. FINANCIAL IMPACT: It is anticipated that the City would receive an additional $600,000 in sales and use tax from the rebuild project. Twenty-five percent or $150,000 would be shared back to the Coors Brewing Company. Resolution No. 2004-34 Coors Tax Incentive Agreement -3, December 13, 2004 RECOMMENDED MOTION: "1 move to adopt Resolution No. 2004-34 providing development incentives to the Coors Brewing Company for the rebuild and modernization of the Rocky Mountain Bottlmg Company furnaces in the City of Wheat Ridge and authorizing the Mayor and City Clerk to enter into a Tax Incentive Agreement." Or, "1 move to table indefinitely adoption of Resolution No. 2004-34 providing development incentives to the Coors Brewing Company for the rebuild and modernization of the Rocky Mountain Bottling Company furnaces in the City of Wheat Ridge." Report Prepared by: Barbara Delgadillo, Assistant to City Manager, 303-235-2806 /bd Attachments: 1. ResolutIOn No. 2004-34 with Tax Incentive Agreement - cc: Paul Asmus, Coors Brewing Company Request for City Council Action,report fonn CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34 Series of 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE PROVIDING TAX INCENTIVES TO THE COORS BREWING COMPANY FOR THE REBUILD AND MODERNIZATION OF THE ROCKY MOUNTAIN BOTTLING COMPANY FACILITY IN THE CITY OF WHEAT RIDGE WHEREAS, the Coors Brewing Company owns and operates a bottle manufacturing facility in the City of Wheat Ridge; and WHEREAS, said bottle manufacturing facility is located m a Wheat Ridge Enterprise Zone; and WHEREAS, the bottle manufacturing facility employs 256 people and pays significant sales, use, and property taxes to the City of Wheat Ridge; and WHEREAS, the Coors Brewing Company has proposed a major rebuild and modernization of the bottle manufacturing facility furnaces which will aid in ensuring their continued success; and - WHEREAS, as a business located in an enterprise zone, CRS Section 31-15-903(2) and Section 39-30-107.5(1) permit the City of Wheat Ridge to negotiate and provide sales and use tax incentives to businesses located within the City and an enterprise zone; and WHEREAS, the extension of incentives to the Coors Brewing Company for the bottling facility will asSiSt in the economic feasibility of a business which is highly desirable for the City of Wheat Ridge and consistent with the Wheat Ridge economic development objectives; and WHEREAS, to sustain the level of services and quality of life, the City of Wheat Ridge recognizes that economiC revitalization is critical to this thriving community. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that the Mayor and City Clerk are hereby authorized to enter mto a Tax Incentive Agreement (Exhibit 1 of this resolution) with the Coors Brewing Company for the provision of the following incentives to facilitate the proposed rebuild and modernization of the Rocky Mountain Bottling Company facility furnaces within the City of Wheat Ridge: ATTACHMENT 1 a. A 25% reduction in all sales and use taxes attributable to the rebuild and modernization of the Rocky Mountain Bottling Company for a period of three years commencing January 1,2005 and ending December 31,2007 as outlined in the attached Tax IncentIve Agreement. DONE AND RESOLVED this 13th dayof December, 2004. Gretchen Cerveny, Mayor ATTEST: Pamela J. Anderson, City Clerk Exhibits: 1. Tax Incentive Agreement - TAX INCENTIVE AGREEMENT THIS AGREEMENT, dated thIS 13th day of December. 2004 is entered into between the City of Wheat Ridge, Colorado, a Colorado home rule city and municipal corporatIon (the "City") and Coors Brewing Company, a Colorado corporation ("Coors"), and is made pursuant to Sections 31-15-903 and 39-30-107.5 of the Colorado Revised Statutes. RECITALS A. Coors owns and operates a bottle manufacturing plant (the "Plant") located within the City and within the Jefferson County Enterprise Zone. B. Coors employs approximately 256 individuals at the Plant and currently operates the Plant at full capacity. C. To maintain the competitive advantage of the Plant and its existing employment base, Coors wishes to rebuild and modernize two furnaces. Based on current estimates, the rebuild and modernization project will cost approximately $37.4 million and will occur in two phases. One furnace will be modernized in 2005 and the second by 2007. D. Sections 31-15-903 and 39-30-107.5 of the Colorado Revised Statutes permit the City to negotiate and provide sales, use, and property tax incentives to businesses that expand facilities located within the City and within an enterprise zone. - E. The City and Coors WIsh to enter into an agreement through which the City will provide sales/use tax incentIves to encourage the modernization ofthe furnaces. F. The execution, delivery, and performance of this Agreement are specifically authorized by Wheat Ridge City Council Resolution No. 2004-34, dated December 13, 2004. TERMS AND CONDITIONS NOW THEREFORE in consideration of the mutual promIses contained III this Agreement, the parties agree as follows: ARTICLE ONE - DEFINITIONS Section 1.01 As used through this Agreement, the term "Plant" means the bottle manufacturing plant located at 10619 West 50th Avenue, Wheat Ridge, Colorado 80033, extending to approximately 27 acres, and containing approximately 385,000 square feet of industrial buildings. Section 1.02 As used throughout this Agreement, the term "Facility" means the Plant, including the land on which the Plant is located, and all machinery, equipment, and other real and tangible personal property located at or within the Plant and used by Taxpayer in connection with the operatIOn of the Plant. GED\530271482777.01 Section 1.03 As used throughout this Agreement, the tenn "Quahfied Equipment and Machinery" means eqUlpment, machinery, and materials related to rebuild of the two (2) furnaces used in Taxpayer's business conducted at the Facility. Section 1.04 As used throughout this Agreement, the term "Return" means any sales/use tax return filed by Taxpayer in accordance with Sections 22-56 and 22-66 of the Wheat Ridge City Code. Section 1.05 As used throughout this Agreement, the term "Sales/Use Tax Incentive Period" means the period beginning January 1, 2005, and ending December 31,2007. (a) As used throughout this Agreement, the term "Taxpayer" shall be to Coors. ARTICLE TWO - SALES/USE TAX REFUND OR CREDIT Section 2.01 (a) Taxpayer shall file monthly Returns with respect to its operations at the Facility and subject to the terms of this Agreement, shall pay all sales/use taxes in accordance with Sections 22.56 and 22-66 of the Wheat Ridge City Code. (b) With respect to each monthly Return covering any portion of the Sales/Use Tax Incentive Period, Taxpayer shall be entitled to withhold an amount equal to 25% of the sales/use tax levied by the City and shown on the Return as attributable to the rebuild of Qualified Equipment and Machinery. If Taxpayer purchases material to rebuild the QualIfied Equipment and Machinery during the Sales/Use Tax Incentive Period and, at the time of such purchase, Taxpayer pays the full amount of sales/use tax levied by the City upon such purchase (the "sales/use tax amount"), then Taxpayer shall be entitled to offset 25% of the sales/use tax amount against any balance due on its Return for the month in which Taxpayer purchased materials to rebuild the Qualified Equipment and Machinery and shall treat the amount of the offset as an amount withheld pursuant to the first sentence of this paragraph. To the extent that the amount of any offset exceeds the balance due with respect to the Return for the month in which the materials were purchased to rebuild the Qualified Equipment and Machinery, the excess may be carried forward from month-to-month and applied against any balance due on subsequent Returns until the offset is fully utilized. (c) For purposes of its internal accountmg, Taxpayer shall account separately for all amounts withheld pursuant to this Section 2.01. ARTICLE THREE - REPRESENTATIONS BY THE CITY Section 3.01 The City represents and warrants that It has informed Jefferson County and Jefferson County School District Number R-I ofthe negotiation of this Agreement. Section 3.02 The City represents and warrants that it has full power and authority to enter into and perform all obligations under this Agreement, including the authority granted by Sections 31-15-903 and 39-30-107.5 of the Colorado Revised Statutes. GED\53027\482777.01 2 ARTICLE FOUR - COMPLIANCE WITH AMENDMENT ONE It is the intent of the parties to comply with the reqUirements of Article X, Section 20 of the Colorado Constitution. The parties reasonably believe that the provisions of this Agreement are in compliance with the Colorado Constitution, and that tms Agreement is not subject to annual qualificatiOn or reauthonzation of any kind. To the extent that annual appropriation of the obligations of the City created by this Agreement is reqUired by Article X, Section 20 of the Colorado Constitution or to the extent that this Agreement is determmed to be unenforceable for all or any portion of its term, the parties covenant and agree to take all actions reasonably necessary to fulfill the purpose of this Agreement, including the negotiation of similar agreements. The parties do not intend this agreement to be a multi-year obligatiOn of the city. Any financial obligation ofthe city hereunder is subject to annual appropriation. ARTICLE FIVE - ASSIGNMENT Upon the commencement of the Partnership, Coors shall assign all of itS rights and obligations under this Agreement to the Partnersmp (Rocky Mountain Bottle Company) and the Partnership shall be substituted in Coors' place for all purposes under this Agreement and shall succeed to all of Coors' rights and obligations under this Agreement. The City agrees that the assignment and substitution of the Partnership in place of Coors shall relate back to the original effective date of this Agreement, as if the Partnership had been the original signatory to this Agreement with the City. Coors and the Partnership shall promptly notify the City following the assignment contemplated by this Article Five. ARTICLE SIX - MISCELLANEOUS - Section 6.01 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, both oral and wntten, between the parties with respect to the subject matter of this Agreement. ThiS Agreement may not be amended, waived, or terminated other than by wntten agreement, signed by each party. Section 6.02 Except as otherwise provided in Article Five, this Agreement is not assignable by either party. Section 6.03 This Agreement is subject to and shall be interpreted in accordance with the laws of the State of Colorado and the City, including all applicable rules and regulations of the Colorado Department of Revenue and the City. ExclUSive venue and jurisdiction over any dispute arising under this Agreement shall be in the Distnct Court of Colorado in and for the County of Jefferson. Section 6.04 All notices relating to this Agreement shall be effective when sent via certified mail or overnight delivery to the following addresses, or to such other addresses as the parties may from time to time designate in writing to the other party in accordance With this Section 6.04: GED\53027\A82777.01 3 If to the City, to- Office of EconomIC Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 wIth a copy to- City Attorney City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 If to Coors, to- Coors Brewing Company PO Box 4030 Mail No. NH205 Golden, Colorado 80401 Section 6.05 This Agreement may be executed in one or more counterparts, each of which when executed shall be an original and all of which together shall constitute one Agreement. - Section 6.06 This Agreement shall be binding upon the parties, and subject to the provisions of Section 6.02 and in accordance with Article Five. Section 6.07 Article titles and headings used throughout this Agreement are for guidance only and shall not be given effect in the mterpretation ofthis Agreement. GEDI53027\482777.01 4 IN WITNESS WHEREOF the parties execute this Tax incentIve Agreement to be effective as of the first date set forth above. CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule city and municipal corporation ATTEST: By: Gretchen Cerveny, Mayor Pamela J. Anderson, City Clerk Approved as to form: Gerald E. Dahl, City Attorney COORS BREWING COMPANY, a Colorado corporation - By: Title: GEDI53027\482777.01 5 ITEM NO: \ I \-\ I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 13, 2004 TITLE: RESOLUTION 35-2004 CLOSING THE BAUGH HOUSE FUND o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR I ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes ~ No ~ City Manag EXECUTIVE SUMMARY: The Baugh House Fund was established as a special fund to receive private donations and grant funds _ for use in the restoration of the Baugh House. The purpose of the fund was to establish a separate account for tracking revenues and expenditures and insuring the funds were not coming led with general fund monies, Three grants for restoration ofthe Baugh House have been received which were matched with pnvate donations. All three grant projects have been completed. The Wheat Ridge Historical Society will apply for and admimster any future grant projects as an independent agency; therefore, the Baugh House Fund can be closed. The Parks and Recreation Department anticipates the balance ofthe fund will be expended for renewal of the Baugh House security fencing contract. Any remaining fund balance will be transferred to the General Fund. The fund closure will be effective on December 31, 2004 COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Wheat Ridge Historical Society IS currently applying for the next grant for restoration of the Baugh House as an independent agency. The City will retain ownership of the property and will authorize future grant applications. The Historical Society will administer any grants and grant funds received and will provide matching dollars required by the grant. ALTERNATIVES CONSIDERED: Do not close the fund. FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to approve Resolution 35-2004 to close the Baugh House Fund effective December 31,2004 with any remaining fund balance to be transferred to the general fund." or, "I move to retain the Baugh House Fund for future use." Report Prepared by' Joyce Manwaring, Parks and Recreation Director Reviewed by: Patrick Goff, Deputy City Manager - Attachments: I. Resolution # 35-2004 041213 Baugh Fund closure CAF RESOLUTION NO. 35 Series of 2004 TITLE: A RESOLUTION CLOSING THE BAUGH HOUSE FUND WHEREAS, the City Council established the Baugh House Fund for the purpose of accepting donations and grant monies for restoration of the Baugh House; WHEREAS, three grants were recelVed, matched with private donations and have been completed; WHEREAS, the Wheat Ridge Historical Society will apply for and administer future grants as an independent agency; WHEREAS, the City of Wheat Ridge will retain ownership of the Baugh House; NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: A. The Baugh House Fund will be closed effective December 3 I, 2004 and any remaining fund balance will be transferred to the General Fund - DONE AND RESOLVED THIS _ day of December, 2004. Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk ATTACHMENT 1 ITEM NO: ~ 1, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. December 13, 2004 TITLE: APPROVAL OF THE FINAL PLAT FOR ARV ADA RIDGE DEVELOPMENT IN THE CITY OF ARV ADA o PUBLIC HEARING [gJ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING Quasi-Judicial. cgj ~~ Director of Public Works o No City~X EXECUTIVE SUMMARY: The Arvada Ridge Development along Kipling Street in Arvada will provide for the construction of 50th Avenue between Kipling Street and Miller Street; the relocation of Miller Street to the east and Widening Kipling Street north of 50th Avenue. Kipling Street, Miller Street and 50th Avenue will _ remain in Wheat Ridge. Additional street rights-of-way and easements provided by the developer will be dedicated to Wheat Ridge through the platting of the property. A small portion of Miller Street right-of-way not included in the plat will be de-annexed and deeded to Wheat Ridge by the City of Arvada in the near future. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: During the initial discussions with Arvada concerning the Arvada Ridge Development, the city staffs agreed that Kipling Street south of 51 5t A venue; Miller Street between 50th Avenue and Ridge Road, and 50th A venue between Kipling St. and Miller St. should remain in Wheat Ridge. The design of the streets adjacent to the Arvada Ridge Development requires minor additions to the street rights-of-way. The proposed Arvada Ridge plat will dedicate the new rights-of-way and sidewalk easements directly to the City of Wheat Ridge. The street rights-of-way includes a narrow strip along Kipling Street, two small areas along 50th Avenue and the east half and relocated portion of Miller Street. The sidewalk easements will accommodate sidewalks along Kipling Street and 50th Avenue. The Arvada Ridge plat had been reviewed by the Community Development and Public Works Departments and Staff recommends approval by the City CounciL A copy of the plat can be viewed in both Departments. ALTERNATIVES CONSIDERED: De-annexation of the streets adjacent to Arvada Ridge, with annexation of the streets by Arvada. FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to approve the Arvada Ridge plat and accept the street rights-of-way and sidewalk easements shown on the plat." or, "I move to deny approval of the Arvada Ridge plat for the following reason(s): " Report Prepared by: Reviewed by: Tim Paranto, Director of Public Works Randy Young, City Manager Attachments: None -- ITEM NO. ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. December 13, 2004 TITLE: APPOINTMENT OF MURRAY, DAHL, KUECHENMEISTERAND RENAUD AS CITY ATTORNEY D PUBLIC HEARING [gJ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi-Judicial' D Yes [gJ No City Attorney City~~t'~ - EXECUTIVE SUMMARY: Gerald Dahl, of the Denver law firm of Gorsuch Kirgis, has been the City Attorney since 1995. Mr. Dahl and a group of attorneys from the Public Law Division of Gorsuch Kirgis have decided to form a new law firm: Murray Dahl Kuechenmeister and Renaud. This firm will contain all of the attorneys who do the bulk of the City's legal work at present. Mr. Dahl has made arrangements to provide the necessary range of legal specialties to the City as needed. The Charter provIdes that the Council appoints the City Attorney. Mr. Dahl requests that the Council appoint Murray Dahl Kuechenmeister and Renaud as the City Attorney, effective January 1,2005. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Charter vests authority in the Council to appoint the City Attorney The proposed change, while designating a new law firm as the City Attorney, will not result in any change in the attorneys who will do the City's legal work, as those same attorneys will be in the new firm. Mr. Dahl currently performs most of that work, assisted by Carmen Beery. This would not change. Other attorneys in the new firm would continue to be available to assist in litigation and special district matters, as they do now. Mr. Dahl has made arrangements to continue to use attorneys on an occasional, as needed basis for personnel matters and municipal finance issues. These attorneys, while not a part of the new firm, would be billed through Mr Dahl's bills,just as the prosecuting attorney is now. ALTERNATIVES CONSIDERED: (1) Retain Gorsuch Kirgis as the City Attorney; (2) advertise the position. FINANCIAL IMP ACT: None; no change in billing rates or amounts is expected. The same attorneys will contmue to perform the City's legal work. RECOMMENDED MOTION: "1 move to appoint Murray Dahl, Kuechenmeister and Renaud as the designated City Attorney, effective January 1,2005." or, "1 move to appoint January 1,2005." as the designated City Attorney, effective Report Prepared by' Gerald Dahl, City Attorney (303) 376-5019 Attachments: I. Memorandum from Gerald Dahl -- 041213 City Attorney Appointment MEMORANDUM TO' MAYOR AND COUNCIL FROM: GERALD DAHL RE: CITY ATTORNEY APPOINTMENT DATE: DECEMBER 6, 2004 For several months, a number of the attorneys in the Public Law Division of Gorsuch Kirgis have considered the possibility of forming our own law firm. This memorandum is to inform you that we have decided to do this. We will form the firm of Murray Dahl Kuechenmeister and Renaud, LLP, and expect to commence operations as a law firm on January 1,2005 - Of the eight attorneys in the Public Law Division, five will join the new firm. We expect to add additional attorneys m the near future. The new firm will continue to practice pubhc law for cittes and special districts, as those same attorneys do at present. The attorneys who have done virtually all of the City'S work in the past will be m the new firm: myself, Malcolm Murray, who handles litigation, and Carmen Beery, a senior associate who has been my "backup" for City work. Charlie Kuechenmelster remains avmlable for any special distnct questions. I want to make note of two attorneys who will not be in the new firm but With whom I have made arrangements and upon whom I will continue to rely. Council met Randy Funk at the special study session on November 22. Randy will continue to be available for the 1-70 Cabela's development project. Occasionally, I have used Dean Heizer, an employment law attorney at, for specific personnel questtons. Dean left Gorsuch Klrgis a few months ago. However, the Murray Dahl firm will have an arrangement with Mr. Helzer that will allow me to call upon him for these personnel questions when they come up. I would mtend to bill the time of both of these two attorneys through as an expense item. ThiS is the procedure I have used for many years to bill the time of the City's Mumclpal Court prosecuting attorney The Charter, at Section 8 1 provides that the Council appoints the City Attorney. At the present time, Gorsuch Kirgis is the officially appointed City Attorney I ask that the Council appoint Murray Dahl Kuechenmeister and Renaud as the City Attorney, effective January 1,2005. Please know how much I have enjoyed domg the City's legal work since 1995. It has been an honor, and I would like for the relationship to continue. I would be happy to answer any questions you have about the new firm or this request. ATTACHMENT 1 ITEMNO J I\.{, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE December 13, 2004 TITLE: BUILDING CODE ADVISORY BOARD APPOINTMENTS o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi-JudiciaL 0 ~ Yes No ~ City~4 EXECUTIVE SUMMARY: Applications for Sharon Younger of District I and Ronald Abo of District III have been received for - vacancies on the Building Code AdVISOry Board. The Board shall consist of members who are qualified by expenence and traIned to pass upon matters pertaIning to building construction and shall have representatives from the follOWIng categones as regular members of the board one (I) licensed engineer, one (l) licensed arclntect, one (I) builder, and 2 at-large members from fields related to the construction Industry The alternate members of the Building Code AdVISOry Board may be members from any fields related to the construction industry COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If applicants are not appoInted to the Board the vacancies will remaIn. AL TERNA TIVES CONSIDERED: Not appoint apphcant to fill the vacancIes FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to appomt Sharon Younger to the Buildmg Code AdvIsory Board, term to expire March 2, 2007 " or, "I move to deny the appomtment of Sharon Younger to the Buildmg Code Advisory Board because And, "I move to appoint Ronald Abo to the Buildmg Code AdvIsory Board, term to expire March 2, 2006 " or, "I move to deny the appomtment of Ronald Abo to the Buildmg Code AdvIsory Board because Attachments: -- 1 Sharon Younger Board applicatIOn. 2 Ronald Abo Board applicatIOn. 3 Ronald Abo Letter of Interest. 4 Ronald Abo Curriculum Vitae Report prepared by Pam Anderson, City Clerk Reviewed by' Randy Young, City Manager . ,- Y ^jr ',J.,'HEA T RIOGF ~i) ( CLERK 'S OFFI'~;:- . ~- ~. . Distributed to: Council: i? Date: (01/3/0"; Mayor' ..- City Clerk: ...-- City M;i' L-- City T reas: City p., . " v-- ;:HI) 11' fur. Dept H ~ads: Iv" r-- .... "- . <._~ BOARD ~~.*' 04 OCT / 3 AM /0: 0 J BOARD/COMMISSION/COMMITTEE- Click & pri1 Applicat --._-- ._- ,--- . - .---- , - --....-.. .. _..- -- ... ---.. - - -_. ---......-. '-._- ..._~-_..- -._- . - --~. - _u'_,,,_ t3 APPLlCA TION FOR APPO~TMENT TO THE _ h.___.._._.. _ 604. rd u f {d.r~ CO J-c.- / cJY'}JUp ARD/COMMISSION/COMMITTEE I , DATE: lo/lL f&-( DISTRICT' I :1. HOW LONG HAVE .s (~Lc -::J4. VI . 2...Do5 YOU BEEN A RESIDENT OF WHEA T RIDGE? ARE YOU A I YeJ REGISTERED VOTER? o:I: h4.. ~ wo~ CcS COh;.yU Jlc.-- j-rY't:. ~ uY't' ~ : lJVrty ARE YOU SEEKING THIS -&-..-- "'- 10 o-d VI 0 T'\o-, c bv r \~.;~. r +:0 - I t j c.a.. <--::5 01.. !/Lei , (Y') c.olv> h-\cvt:l'r.t.1- Co hJd-rvc..4--loyr'-'t>.........J..o 'I. h.A.t!-. 7::: ; APPOINTMENT? CL~ 0... cOVle?:' "'-Y)cO- c,( '+I"1...t'. n.. . ~h. ~ Lv'hc.<L'f- 'tfd.J~ , {.o (oCYL. U'K.c:.. CL~~pcYOL[5 C(4-~. II DO YOU HAVE EXPERIENCE IN THIS AREA? I (..t-- ('-J... ~ COh.5+",-+-II-"~h " vt -5 "l':" h E' ...u.~ HAVE YOU EVER SERVED, OR ARE YOU no CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD ho INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? II SIGNATURE Yha ftCd~ !:b~~ PLEASE PRINT OR cS VL4 YO ~ ..... I TYPE NAME. V 0 U hj c.....- lAD DRESS: 730 S- Lv 3::3"""'-d Po V'c: IZIP CODE: g-0C533 ~_IE PHONE.305 l{33 J~ '1 0 IBUSINESS PHONE: 303 l{bo It{ 00 Y;;J j APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR file./lJEl/wwwrooVcitydev/board.htm [7/2/2002 1'09:27 PMA TT A C H MEN T 1 BOARD r;- Distributed to: Jate, 1//~/04/ City Clerk: ~ City T reas: Council: i" Mayor: v City Mgr: v City Atty:- Dept Htiads: BOARD/COMMISSION/COMMITTEE- Click & Print [------.--. i I I i r--:-:- 1___ DAT,E. _.I A/&J9>>etJZ ZZJU~4 ! DISTRICT: ! 1lL. !H6WLONGHAVE~V~ i YOU BEEN A i i RESIDENT OF j I WHEAT RID~E? ,L_._____ __,,_,__ I ARE YOU Ai" i REGISTERED i 1/35 i I I VOTER? j ! I i iVV'FlY ARE YOU SEEKING THIS 7l? ~ElZVl?' MY OtfM11tI/N/N iAPPOINTMENT? I B APPLICATION FOR APPOINTMENT TO TH~ w1d (.119 Co ck Mv'~ 0 ~..f!Jo ~ (BOARD/COMMISSION/CO ITTEE) DO YOU HAVE EXPERIENCE IN THIS AREA? I Ya9S . HAVE YOU EVER SERVED, OR ARE YOU (Ur! AND a tJ NN "r=- PeN tJeTz- / CURRENTLYONA VGNt/~ !3V/UJ/iJ6 Ot?PT: 50 ~F- BOARD/COMMISSION/COMMITTEE ftff~ . AND IF SO, WHICH ONE? HOW LONG? AJA-YP/b> "FF/c.e- ~p W~;z..J./.F/)~ ARE THERE ANY CONFLICTS WHICH WOULD Peo/-e'U)PI11C!fN7", INTERFERE WITH REGULAR ATTENDANCE OR DUTlE ? - 1b{/51N~~ ,4/Vl:) FAn/I/,.'!. SIGNATURE R/)IJAt;{) ;c.. ,4 J3lJ I , UJ~' IZIP CODE: tJ~~/S- IBUSINESS PHONE: ~ . () ftleJIfEl/wwwrootlcitydev/board.htm [7/2/20021 :09:27 PM] APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR ~TTACHMENT 2 ABO CERVANTES LOOS PRIEBE ARCHITECTURE'" 1660 WYNKOOP STREET, SUITE 900 DENVER, COLORADO 80202 303.531.4990 PHONE 303.531.4998 FAX WWW ACLPARCHITE-CTURE.COM November 22, 2004 Mr. Chad Root BUIlding Code Admmistrator CIty of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Dear Mr. Root: Enclosed please find an ApplicatIOn for Appointment to the Building Code AdvIsory Board. I contacted you bye-mail a while back about this pOSItIon and I am still interested in serving on the board if a position is still available. I used to be a member ofthe City and County of Denver, Denver Building Department Board of Appeals. I currently am a co-chair of the Stapleton Citizen's Advisory Board Zoning and Planning Committee. - I am the managmg pnncipal of ACLP Architecture. We are a 10 person architectural firm located in Denver. Enclosed is a current resume. If you need any further mformation or if you would like to talk with me, feel free to contact me at the office or at home. My cell phone is 720-236-7977. Mye- mail address IS rkalalaclparchitecture.com. Sincerely, na . bo, AIA President ACLP Architecture, Inc. - ATTACHMENT 3 e~fef~ RONALD K. ABO, AlA, NCARB Principal Community building through architecture is Ron Abo's Passion. Ron was one of the first directors of the Community Design Center of Denver. a non,profit organization that provided design and planning services in the inner,city neighborhoods of Denver Ron continues being deeply involved in the development of Denver's urban design and political fabric. EDUCAll0N University ot Colorado at Boulder, (1969) Bachelor of Architecture. Cum Laude He helped establish Denver's model affirmative action professional service procurement practices and more recently helped the City modify the Small Business Enterprise Program. He was also a member of the planning task force for Blueprint Denver, a master planning guide for future growth. He was a member of Mayor John Hickenlooper's Transition Team serving on the Public Works Subcommittee Currently, Ron is a member of the Citizens' Advisory Board of the Stapleton Redevelopment Authority and co,chairs the Zoning and Planning Committee. REGtS1RA TlON Colorado Michigan North Dakota Ron's expertise is coalition building. He is a master at resolving complex design issues by consensus. Ron is considered one of Denver's foremost housing and historic preservation architects, and his professional experience encompasses a variety of project types: group and senior housing. private residences. education facilities. and public buildings. PROFESSIONAL AfFILIATIONS American Institute of Archilecls - Downtown Denver Partnership Lions Club of Denver Japan Aikido Association Committed to providing a high level of service and to fully understanding the Owner's needs, Ron recognizes the importance of budgets and schedules and makes every effort to set realistic goals and maintain them. RECOGNITION Martin Luther King Business Social Responsibility Award (1998) AWARDS Wilcox Building. Douglas County Schools Administration Building. Castle Rock _ 1st Place Commercial Category, NARI 1990 _ American School and University 1990 Highland Square, Denver -Citation Award, Colorado Society, American Institute of Architects 1983 -Honor Award. American Institute of Architects J983 Western Mountain Region Morrison Horticultural Center. Morrison _ Award of Excellence, Wood Inc. J 984 -Barrier Free Design Award. Colorado Society 1990 American Institute of Architects ~TTACHMENT 4 RONALD K. ABO, AlA. NCARB Principal PROJECT EXPERIENCE - Denver International Airport Sand Urea Storage Facility Colorado Department of Transportation Welcome Center. Julesburg' Denver International Airport Dome storage Building Denver International Airport Pena Boulevard Storage Building Denver International Airport Vehicle Garage Missouri Department of Transportation Site Master Plan for Multi,Use Facilities, St. Louis. Missouri' Cross Community Family Resource Center. Globeville, Colorado Curtis Park HOPE VI Redevelopment. Denver University of Northern Colorado Rocky Mountain Cancer Rehabilitation Institute. Greeley West Nevada Place Town Homes. Denver Bruce Randolph "Green" Town Homes. Denver Knapp Elementary School Remodel/ Addition, Denver GSA IDIQ - Western States - Federal Post Office Remodel. Fargo, NO U.S. Department of Agriculture IDIQ - Colorado/Wyoming Colorado Department of Transportation Vehicle Repair Facility. Alamosa Colorado Department of Transportation Vehicle Maintenance Facility. Durango' Colorado Department of Transportation Vehicle Maintenance/Storage Facility. Frisco Colorado Department of Transportation Traffic Operations Center. Denver* Denver International Airport Concourses A. B, & C' 'In association with others e~41l4~e ITEM NO: Q, REQUEST FOR CITY COUNCIL ACTION COUNCil.. MEETING DATE. December 13, 2004 TITLE: COUNCIL BILL NO. 23-2004, AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL TWO TO PLANNED HOSPITAL DISTRICT FOR PROPERTY LOCATED AT 8301 AND 8321 W. 32ND A VENUE, AND THE AREA LABELED AS "TRACT A" ON THE EXEMPLA LUTHERAN HOSPICE OUTLINE DEVELOPMENT PLAN (WZ-04-07/EXEMPLA) l:2J PUBLIC HEARING o BIDSfMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING l:2J ORDINANCES FOR 2ND READING Quasi,Judicial' ~ Yes o No t1~~ (!if:-, Commumty Development Director CI~~~ - EXECUTIVE SUMMARY: Exempla Lutheran IS requestmg approval of a rezoning for the propertIes located at 8301 and 8321 W. 32nd A venue, and the area labeled as "Tract A" on the Exempla Lutheran Hospice Outline Development Plan. The property is currently zoned Residential Two. The applicant wishes to rezone the property to Planned Hospital District. The R,2 zone district allows only smgle-fami1y and two- famIly structures and associated accessory bUIldings, whIle the Planned Hospital District zone dIstrict would allow a range of health care uses as speCIfied on the Outline Development Plan. An Outline Development Plan will accompany the rezoning request. The uses detailed on the ODP are identIcal to the allowed uses speCIfied in the Code of Laws pertaIning to the Planned Hospital District. The aDP will establish all allowable uses and development standards for the property. The applicant wishes to construct a hospice faCIlity on the property. The subject parcel is 256,728 square feet m size, or approximately 5.89 acres. Planning Commission recommended approval of the rezoning with no conditions. COMMISSIONIBOARD RECOMMENDA nON: Planning CommIssion heard this request on October 21, 2004 and recommended approval for the followmg reasons: 1. The change m zone, while not m conformance WIth the City of Wheat Ridge Comprehensive Plan future land use designation, WIll proVIde a harrnomous transition between the existIng hospital and residential properties. 2. The proposed use is compatible wIth the surroundmg area and will provide a beneficial service to the cItizens and patients of the Exempla Hospital facihty. 3. The change of zone will not adversely affect the pubhc health, safety or welfare. There were a few neighbors present at this publIc hearing to speak to thIs request. Many of the concerns were in relation to preexistIng conditions of the hospital campus, specifically, the state of disrepair of landscaped areas adjacent to Lutheran Parkway at West 32nd A venue. A few concerns were vOIced In relatIOn to the traffic on West 32nd Avenue, and the need for a traffic signal at West 32nd A venue and Lutheran Parkway STATEMENT OF THE ISSUES: Dunng the Planning CommissIOn hearing, there was discussion regarding the existing traffic situation, and the increase in traffic counts as a result of the rezomng. A few of the concerned neighbors commented that a traffic signal would be appropriate at West 32nd Avenue and Lutheran Parkway. It was mentioned that traffic signals are Installed only after the City has performed a warrant study A warrant study consIsts of specific criteria being examined, such as vehIcular volume, pedestrian volume, number of accidents at the locatIOn, and physical layout of the Intersection. There was further discussion that the rezomng and OutlIne Development Plan should be approved with the conditIOn that the CIty undertake the warrant study Staff feels that thiS conditIOn of approval would be inappropriate AL TERN A TlVES 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 buIlding permit fee. RECOMMENDED MOTIONS: "I move to approve Council Bill No. 23-2004, case number WZ-04-07, a request for a rezomng from Residential Two to Planned Hospital District and associated Outline Development Plan for properties located at 8301 and 8321 W. 32nd Avenue, and the area labeled as "Tract A" on the Exempla Lutheran Hospice Outline Development Plan to take effect 15 days after final publication, for the following reasons: 1 The change m zone, while not in conformance with the City of Wheat Ridge Comprehensive Plan future land use designation, will provide a harmonious transition between the existing hospital and existing residential properties. 2. The proposed use is compatible with the surrounding area, and Will provide a beneficial service to the CItizens and patients of the Exempla Hospital facility. 3 The change of zone will not adversely affect the public health, safety or welfare." OR "I move to table indefinitely Council Bill No 23-2004, case number WZ,04-07, a request for a rezomng from ResidentIal Two to Planned HospItal Dlstnct and assocIated Outline Development Plan on first reading for propertIes located at 8301 and 8321 W 32nd A venue and the area labeled as "Tract A" on the Exempla Lutheran Hospice Outline Development Plan." Report Prepared by: TravIs Crane, 303.235.2849 RevIewed by: Alan White Attachments: 1 Planning Commission staff report (with exhIbIts) 2. Council BIll No 23-2004 UJCase ReviewlExempla Hospice/8301 W 32nd Council Action Form 2nd Reading - CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO- Planning Commission CASE MANAGER. Travis Crane CASE NO. & NAME. WZ-04-07/Exempla DATE OF MEETING October 21, 2004 ACTION REQUESTED' A request for a rezoning from Residential Two (R,2) to Planned Hospital Development and approval of an Outline Development Plan, LOCATION OF REQUEST 8301 W. 3200 Avenue, 8321 W 32nd Avenue APPLICANT (S): Exempla Lutheran Hospital 8300 W 38th Ave. Wheat Ridge, CO 80033 APPROXIMATE AREA: 256,728 sq. ft. (5.89 ac.) OWNER (S): same PRESENT ZONING Residential Two (R-2) COMPREHENSIVE PLAN Single Family, not to exceed 6 dwelling units per acre (SF-6) ENTER INTO RECORD: - (X) (X) ( ) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULATIONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENT A TION LocatIOn Map =r~ PI-I) ~ =. , ., '/, // /// //// " ,/ 1:::>;::/';:;":://;:/:;::/; "';",,;"""::" //: // /' /' ~/ /,/;/ //;;/ ,/;' ;.<: ;/:' /.1f;~1/:" I' /;,/ <<: ~~ if 5~;,f:!ffftf}j;~ ! ///,.//,;//,;/'//::';:;///,,/// SIte A.2 (Jefferson County) Ct< COUNlY All notIficatIOn and posting requirements have been met; therefore, there is junsdiction to hear this case. Planning Commission WZ,Q4,07 IExempla ATTACHMENT 1 I. CASE ANALYSIS The applicant (owner) IS requestmg a zone change from Residential Two (R-2) to Planned Hospital Development (PHD) This apphcatlOn includes a request for approval of an Outline Development Plan. The purpose of this application is to allow eventual constructlOn of a hospice facihty. The properties are currently zoned R-2, and contain a smgle-family structure on each lot. The R,2 zone distnct allows single-family resIdentIal and accessory buildings. The applicant Wishes to rezone to Planned Hospital Development for the purpose of constructmg a hospIce facility The propertIes are collectively 256,728 square feet In size and have a rectangular shape. The properties involved in the rezoning are 8301 & 8321 West 320d Avenue, as well as a remnant portion of land that contains Lutheran Parkway II. OUTLINE DEVELOPMENT PLAN The Outline Development Plan will rezone the property and set allowable uses and development standards. The ODP is general m nature - it serves as a basic blueprint for development of the property (Exhibit 1, Outline Development Plan). A Final Development Plan must be reviewed by Planning Commission and ultimately approved by City Council The applicant plans on submittmg a Final Development Plan and a Final Plat in the near future. Allowable Uses Section 26,306 of the Code of Laws specifies a hst of allowable uses for the Planned Hospital District. These uses are: 4 Pubhc and private general hospital Hospitals or sanitanums for contagious diseases, or mentally disturbed or handicapped. Homes for the aged, nursing homes, congregate care homes, hospices or slInilar residential facilities which are accessory to a hospital or sanitarium prinCIpal use. Accessory uses and structures customanly associated with the permitted uses as shown on the approved final development plan. - 1 2. 3 These uses are shown on page one of the ODP listed under Allowed Uses of Development. The applicant intends to construct a hospice facility with an eventual total of 32 beds. The Planned Phasing note under Architectural Character Development states that mitially 24 single occupancy bedrooms will be constructed, and 8 additional beds will be added with Phase 2. There is no timetable lIsted for the phasmg. The western 200 feet of the property is labeled as "Tract A". Tract A is actually part of the northern hospital property (Exempla Lutheran Medical Center), however it was never incorporated into the original PHD Staff felt this was a good opportunity to rezone this small portion from Residential Two to PHD and correct a zoning inconsistency. A note is hsted under Allowed Uses of Development that speCifies Tract A may only be used for vehicular and pedestnan traffic, landscapmg, lIghting and signage Planning Commission WZ,04,07 fExempla 2 Development Standards The applicant wishes to construct a buildmg that IS not obtrusive to the neighborhood and uses architectural elements of the larger hospital property to the north, creating a cohesive feel. Development Standards have been established on page one of the ODP. These development standards are detailed in the followmg table: - Item Requirement Minimum Site Area 5 acres Maximum Building 40,000 square feet Area Mimmum Setbacks 30 feet (front) 25 feet + 10 feet for each story (side) 25 feet (rear) 30 feet from right-of-way Maximum Lot 75% of lot area Coverage (Building + Hardscape) Minimum Landscape 25% of lot area Coverage Refer to SectIOn 26,502 of the Wheat Ridge Code of Laws for additIOnal requirements Mimmum Parking 1 parking space for each 5 beds provided + 1 parking space for Required each employee (at peak shift) Refer to SectIOn 26-501 of the Wheat Ridge Code for Laws for additIOnal requirements Maximum Building 35 feet Height Slgnage Refer to ArtIcle VII, Chapter 26 of the Wheat RIdge Code of Laws + proviSIOn for existing Freestandmg sign Fencmg Refer to Section 26-603 of the Wheat Ridge Code of Laws Extenor Lighting Refer to SectIOn 26-503 of the Wheat Ridge Code of Laws Architectural Detail Refer to the Streetscape and Architectural Design Manual The Code of Laws dictates the followmg attributes for the Planned HospItal Distnct: . Each PHD must be a minimum of five acres in size . Each PHD lot must be at least 200 feet in WIdth . Front setback - mmimum 50 feet · Side setback - nummum 25 feet plus 10 feet for each story · Rear setback - minimum 25 feet plus 10 feet for each story · Buildmg height - 50 feet for hospital and office bUlldmgs · Building height - 35 feet for residentIal and accessory buildings · Lot coverage - maximum 75 percent overall site coverage · Landscaping - mimmum 25 percent overall sIte landscaping · Landscaping - minimum 25 foot landscape buffer along property lInes adjacent to reSIdentIal zoned property . Parking, fences/walls and signage - as approved on the FDP, otherwise refer to the Code Planning Commission WZ,04,07/Exempla 3 All of the development standards are representatJ ve of development standards listed in SectIon 26-306 of the Code of Laws. There IS one notable exception, front yard setback. The Code states that the front yard setback should be fifty feet. The applIcant has provIded a thirty-foot front yard setback. The reason for the reduced front yard setback IS related to the access provided to the site. The Code of Laws states that a front lot lme IS defined by where the main access point to the property is located. In this case, the property gains access from the north via Lutheran Parkway. The building envelope is shown WIth a 50-foot setback from West 32nd A venue, the rear property line. This configuratIOn will ~ive the appearance of a 50-foot "front yard" setback to motorists and pedestnans on West 32n Avenue. Staff felt that a thIrty-foot setback on the northern property Ime was acceptable and appropriate The ODP shows a crosshatched area on the northern property to be used for parkmg and access. If a parking area IS created on the northern lot, the Exempla Lutheran Medical Center Final Development Plan must be amended. If the applIcant wishes to create an overflow parkIng area and gain access from the larger Exempla property, a cross-access easement and parkIng agreement must be established. Since the request is to rezone the property, the rezoning cntena must be analyzed. III. CRITERIA Staff has the followmg comments regarding the criteria 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 zonmg map is not in error. The parcels are currently zoned ResidentIal Two 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. The hospItal property has grown and evolved over the years to become large a regional hospItal. There have been several amendments to the Final Development Plan in the past decade. The property has added a new medical office building and a sixth floor wing to the hospital. This area has histoncally been eIther single or two family dwellmgs. The surrounding properties have been zoned Residential Two smce the incorporation of the City. The hospital property was rezoned from Hospital Two to Planned CommerCIal Development and constructed and in 1976. In 1990, the hospital property was rezoned from Planned CommercIal Development to Planned HospItal Development. 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 these propertIes as Single Family, not to exceed six dwelling units per acre. The current ResidentIal Two zomng claSSIfication is consistent WIth the future land use as defined in the ComprehensIve Planning Commission WZ,04-07/Exempla 4 Plan. Some of the goals and poliCies in the Comprehensive Plan are related to adequate buffering from residential uses and the relatIOnship of scale between eXlstmg and new development. The proposed development standards should provide an ample buffer between the intended uses and the eXlstmg residential, while not exceeding the scale of the neighborhood. 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 properties are zoned Residential Two The property to the north is currently zoned Planned Hospital Development. The proposed PHD zone change will be compatIble with the current zonmg to the north. The proposed deSign of the faCIlity will be very lOW-Impact. The applicant IS proposing a building no taller than 35 feet to be located 50 feet from the eXisting residentIal properties to the east. A landscape buffer will encompass the entire eastern property line Given the nature of the facility, the property will have a minimal Impact on the surrounding neighborhood. 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 allow the existmg hospital to expand mternally Currently, the hospice facility IS located on the existing Exempla campus The services provided by the rezoning will be a benefit not only to the hospital, but also to the community - 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 IS requmng the installatIOn of three new fire hydrants on the property. The parking lot on the west side of the building will contain a turnaround that is able to accommodate fire truck turnmg. A secondary fire access pomt will be located in the southeast comer of the property. The applicant will be responsible to upgrade any additional infrastructure as required by the respective districts. 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, but not to the point of excessive congestIOn. A new deceleration lane was constructed on the north side of West 320d A venue, just east of Lutheran Parkway A detention pond will be located just north of the property line on the hospital parcel to the north. 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. Planning Commission WZ,04,07/Exempla 5 The proposed rezoning will not create an isolated zoned dlstnct. However, much of the surrounding area IS zoned ResidentIal Two The proposed rezoning will not be consistent with the deSignation on the future land use map in the Comprehensive Plan. Access One access pomt has been provided from Lutheran Parkway. Access will be gamed through the eXlstmg hospital property An access easement must be established on the Final Plat. The Wheat RIdge Fire District has reviewed and approved all mtenor-tuming radii and the secondary emergency fire access pomt. Al!encv Referral All responding agencies have indicated that they can serve the property, and the applicant will bear the cost of upgradmg any service to the property. Neil!hborhood Meetinl! The required neighborhood meeting was held on September 16, 2004 and there was no one in attendance. The applicant did hold an informal neighborhood meetmg approximately 2 weeks before the required neighborhood meeting, and several adjacent neighbors were present. Because a staff member was not present, there are no meetmg notes from the informal meeting. VI. STAFF CONCLUSION & RECOMMENDED MOTION (S): Staff concludes that the proposed zone change, while not consistent WIth the ComprehenSIve Plan, will provide a harmOniOUs tranSitIOn between the existing hospital and existmg residential uses. Therefore, staff recommends APPRO V AL of the zone change and accompanying Outline Development Plan OPTION A: "I move to recommend APPRO V AL of Case No WZ-04-07, a request to rezone from Residential Two to Planned Hospital Development and Outlme Development Plan for properties located at 8301 and 8321 W 32nd Avenue, and the area labeled as Tract A on the ODP for the followmg reasons: 1 The change in zone, while not in conformance with the City of Wheat Ridge Comprehensive Plan future land use designation, will provide a harmonious transition between the existing hospItal and existing residential properties. 2. The proposed use is compatible with the surrounding area, and will provide a beneficial service to the citizens and patients of the Exempla Hospital facility. 3. The change of zone will not adversely affect the public health, safety or welfare. OPTION B. "I move to recommend DENIAL of Case No. WZ-04-07, a request to rezone from Residential Two to Planned Hospital Development and Outline Development Plan for properties located at 8301 and 8321 W. 32nd Avenue, and the area labeled as Tract A on the ODP for the followmg reasons: 1 " Planning Commission WZ,04,07/Exempla 6 INTRODUCED BY COUNCIL MEMBER Council Bill No. 23-2004 Ordinance No. Series of 2004 STITES TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL TWO TO PLANNED HOSPITAL DISTRICT FOR PROPERTIES LOCATED AT 8301 AND 8321 WEST 32ND AVENUE, AND THE AREA LABELED AS "TRACT A" ON THE EXEMPLA LUTHERAN HOSPICE OUTLINE DEVELOPMENT PLAN 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 Exempla Lutheran Hospital, approval of a rezonmg in Wheat Ridge, Colorado, Case No WZ-04-07, for properties located at 8301 and 8321 West 32nd Avenue, and the area labeled as "Tract A" on the Exempla Lutheran Hospice Outline Development Plan and based on a recommendation of approval from the Wheat Ridge Planning Commission and pursuant to the findings made based on testimony and evidence presented at a publIc heanng before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Residential Two Distnct and to mclude in the Planned Hospital Dlstnct zone district the followmg described land: A PARCEL OF LAND BEING A PART OF THE LAND RECORDED UNDER RECEPTION NUMBERS 84107292, F1645746, AND 8609180 ALSO KNOWN AS 8300 WEST 38TH AVENUE, 8321 W 32ND AVENUE, AND 8301 W 32ND A VENUE. LOCATED IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIP AL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PAR TICULARL Y DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 27, THENCE NOoo04 '03"W ALONG THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 27, A DISTANCE OF 35.58 FEET TO A POINT ON THE NORTHERLY LINE OF W. 32ND AVENUE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERL Y LINE S89029'36"W, 200 00 FEET; THENCE DEPARTING SAID NORTHERLY LINE NOoo04'03"W, 415.79 FEET; THENCE N89044'54"E, 200.00 FEET, THENCE N89044'54"E, 208 70 FEET, THENCE N89044'54"E, 208 70 FEET, THENCE SOoo04'03"E, 417 40 FEET TO THE NORTHERLY LINE OF W ~TTACHMENT 2 32ND AVE., THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING FOUR (4) CONSECUTIVE COURSES 1) S89044'54"W, 180 11 FEET, 2) N84033'18"W, 2519 FEET, 3) S89044'54"W, 3.52 FEET, 4) S89044'55"W, 208 70 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 256,728 SQUARE FEET (58937 ACRES) MORE OR LESS Section 2. Vested Property Rights. Approval of this rezonIng does not create a vested property fIght. 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 pohce power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the pubhc and that this ordinance is necessary for the preservatIOn of health and safety and for the protection of public convemence and welfare The City Council further determines that the ordinance bears a 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 apphcation to other persons or circumstances. Section 5. Supersession Clause. If any proVIsIOn, requirement or standard estabhshed by this Ordinance is found to conflict with similar proviSIOns, reqUirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are III existence as of the date of adoption of this Ordlllance, the provisions, reqUirements and standards herein shall supersede and prevail. - Section 6. This OrdInance shall take effect 15 days after final publicatIon. INTRODUCED, READ, AND ADOPTED on first readlllg by a vote of~ to ~ on this 22nd day of November, 2004, ordered pubhshed III full In a newspaper of general circulatIon in the City of Wheat Ridge and Public Hearing and consideration on final passage set for December 13th 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 13th day of December, 2004 SIGNED by the Mayor on thiS _ day of ,2004 GRETCHEN CERVENY, MAYOR ATTEST' Pamela Y Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st PubhcatIon. November 25. 2004 2nd Publication. Wheat Ridge Transcript Effective Date: e:\planning \fonns\ord. frm - 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. ITEM NO. '3 J REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. December 13,2004 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTIONS 5-76, 5-78, 5-79 AND 5-82 10 ADOPT THE 2003 INTERNATIONAL CODES WITH AMENDMENTS AND ADOPTING SECTIONS 5-84,5-85,5-86 AND 5-87 TO ADOPT THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE, 2003 INTERNATIONAL RESIDENTIAL CODE, 2003 INTERNATIONAL FIRE CODE, AND 2003 INTERNATIONAL FUEL GAS CODE WITH AMENDMENTS. [gJ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date. ) [gJ ORDINANCES FOR 2ND READING - Quasi-Judicial: o Yes [gl No ~~ Community Development DIrector Clty~~ EXECUTIVE SUMMARY: This ordinance adopts the 2003 International Building Codes. The city currently uses the 1997 Uniform Building Codes and the 2002 National Electric Code. Code groups throughout the county have joined together to form the International Code Council. This Code Council has produced the International Codes which are proposed for adoption. This code edition and its amendments were reviewed and recommended for adoptIOn by the Building Code Advisory Board. BOARD/COMMISSION RECOMMENDATION: The Buildmg Code Advisory Board has reviewed and recommended for adoption the proposed code edition and amendments. The Building Department also brought forward the future codes for comment at the first annual contractors meeting m September. There were no objections from the contractors that were present. STATEMENT OF THE ISSUES: Tills code IS bemg adopted to ensure mmimum reqUIrements to safeguard the public safety, health and general welfare, through affordabllity, structural strength, means of egress faCIlities, stabIlity, sanitatIOn, light and ventilatIOn, energy conservatIOn and safety to life and property from fire and other hazards attributed to the built envIronment. The City of Wheat Ridge IS the lastjunsdlctlOn in Jefferson County to adopt the 2003 International Building Codes. The amendments that have been made to the 2003 Building and Fire Codes have been done to establish speCIfic regulations that would normally be open for interpretation by the Fire Marshal and Building Official. These amendments will help give consistency to the contractmg community Over half of the amendments proposed are to the fire code. These amendments were Jointly agreed upon by the Wheat Ridge and Arvada Fire Distncts. ALTERNATIVES CONSIDERED: Do not adopt the new codes. FINANCIAL IMPACT: There WIll be some financial Impact to the City to codify the ordinance. Publication costs were mcurred on first reading. Unless there are numerous changes made on second reading, the ordinance will be republished by title only. RECOMMENDED MOTION: "I move to approve CounCIl Bill. No. 22-2004, an ordmance adopting the 2003 IntematlOnal Codes with Amendments on second reading and that It take effect 15 days after final publication." Or, "I move to table mdefinitely Council Bill No 22-2004, an ordinance adopting the 2003 InternatIOnal Codes with Amendments." Report Prepared by: Chad Root, 303-235-2853 Reviewed by: Alan White Attachments: 1. Council Bill No. 22-2004 2 INTRODUCED BY COUNCIL MEMBER Gokey Council Bill No. 22-2004 Ordinance No.~:::r Series of 2004 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTIONS 5-76, 5-78, 5-79 AND 5- 82 TO ADOPT THE 2003 INTERNATIONAL CODES WITH AMENDMENTS AND ADOPTING SECTIONS 5-84, 5-85, 5-86 AND 5-87 TO ADOPT THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE, 2003 INTERNATIONAL RESIDENTIAL CODE, 2003 INTERNATIONAL FIRE CODE, AND 2003 INTERNATIONAL FUEL GAS CODE WITH AMENDMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. COLORADO, THAT' Section 1. The 2003 International BUIlding Code IS hereby adopted as Section 5-76 of Article III of Chapter 5 (Buildmgs and Building Regulations) with the following amendments Sec. 5-76. Building Code. CHAPTER 1 ADMINISTRATION - SECTION 101 GENERAL Change section 101.1 to read asfollows 101.1 TITLE. These regulations shall be known as the International Building Cude of the CIty of Wheat RIdge. hereinafter referred to as "thIs code." Change section 101.2 to read asfollows: 101.2 Scope. The provisions of thIS code shall apply to the constructIOn, alteratIOn. movement, enlargement, replacement, repair, equipment. use and occupancy, location, maIntenance, removal and demolitIOn of every buildIng or structure or any appurtenances connected or attached to such buildings or structures. Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three storics high with separate means of egress and their accessory structures shall comply with the International Residential Code Change section 101.4 to read as follows: ATTACHMENT 1 101.4 Referenced codes. The other codes listed m Sections 1 Ol.4.l through 1 0 1.4 10 and referenced elsewhere III this code shall be considered part of the requnements of thIs code to the prescribed extent of each such reference. Change section 101.4.7 to read asfollows: 101.4.7 Energy. The provisIOns of the International Energy Conservation Code shall apply to all matters governIng the design and constructIOn of buildings for energy efficiency as designed by a licensed engineer, unless the buildmg or structure is bUIlt to the City of Wheat Ridge's Prescnptive Energy Code for multi-family and commercial buildings. Add a new subsection 101.4.8 to read asfollows: 101.4.8 Residential. The provisions of the International Residential Code Shall apply to the construction, alteratIOn, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one - and two family dwellings and multiple single-family dwellings (townhouses) not more than three stories In heIght with separate means of egress and their accessory structures. Add a new subsection 101.4.9 to read as follows: 101.4.9 Uniform Housing Code. The proviSIOns of the 1997 Uniform Housing Code shall apply to the use, occupancy, location and maintenance of all residential buildings withIn thiS JunsdictlOn. - Add a new subsection 101.4.10 to read asfollows: 101.4.10 Uniform Code for the Abatement of Dangerous Buildings. The provISIons of the 1997 Uniform Code for the Abatement of Dangerous Buildings shall apply to any buildIng or structure which from any cause endanger the life, 11mb, health, morals, property, safety or welfare of the general public or their occupants shall be required to be repaned, vacated or demolished. This code shall be applicable to all buildings and structures built In the City of Wheat RIdge. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL Change section 104.6 to read asfollows: 104.6 Right of Entry. When the building official or hIS authorized representative has reasonable cause to believe that a violatIOn of this code is likely to exist In a structure or upon a premises and that entry into the structure or upon the premIses IS necessary to verify the violation, the buildIng official or his authorized representative shall first make a reasonable effort to locate the owner or other person havmg charge or control of the structure, or premises, or portIOn thereof desired to be mspected, and request consent to enter and inspect. If such person cannot be located or If entry IS refused, the building offiCial or hIS authorized representative may seek entry by submittIng a sworn affidavit to the proper court of JurisdIction, setting forth facts sufficient to 2 support a reasonable belief that the vIOlation is likely to exist, and that further InvestigatIOn of the structure or premises IS warranted. Any subsequent entry and mspection shall be conducted In accordance with an administrative search warrant If Issued by the court. The foregoing provisions of this subsection not withstanding, consent to enter or admimstrative search warrant shall not be reqUIred In the following cIrcumstances. To conduct inspections dunng regular business hours under an applied for or issued bUIldIng permit, for work authorized under that permit prior to the issuance of a final Certificate of Occupancy; 2. To make observations of the structure or premises In plam view from public property or from portIOns of the structure or premIses which are open or accessible to the public, or III which the owner or occupant otherwise lacks a reasonable expectation of pnvacy; or 3. In emergency sItuations III whIch the bUlldlllg official or hIs authorized representative has reason to believe that the public health or safety is m Imminent danger and could be jeopardized by any delay in securing entry Add a new subsection 104.12 as follows: 104.12 Cooperation of other officials and officers. The building official may request, and shall receive, the assIstance and cooperatIOn of other offiCIals of this Junsdiction so far as IS reqUIred in the dIscharge of the duties reqUIred by thIS code or other pertinent law or ordInance. SECTION 105 PERMITS - Change section 105.3.2 to read as follows: 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of tilIng, unless such applicatIOn has been pursued In good faith or a permit has been issued, except that the buildmg offiCIal is authonzed to grant one or more extensions of time for addItional pen ods not exceedmg 90 days each. The extension shall be requested in writIng and Justifiable cause demonstrated. SECTION 106 CONSTRUCTION DOCUMENTS Add a new subsection 106.2.1 asfollows: 106.2.1 Site Plans in Hillside Areas. When a buildIng site IS located m a hIllside area and, In the opimon of the building offiCial, is located in an area subject to geologIC hazards, the buildIng official may reqUIre that a detailed site plan be submitted as a prerequisite to the issuance of a building permit. Such site plans, when required, shall be prepared by an archItect or a CIvil engineer, and shall be based on an accurate topographic map prepared by a land surveyor The site plans shall bear the seal and sIgnature of a State of Colorado licensed architect or CIVil engmeer, and the land surveyor The topographIC map shall encompass the building site and shall be drafted at a scale no smaller than 1 inch is equal to 20 feet (1 :240) and at a contour Illterval less than or equal to two (2) feet. Such site plans, at a minimum, shall show: 3 1 A grading plan shoWIng existIng and proposed contour lines reflectIng the proposed gradmg as well as the locatIOns and pertinent elevatIOns of finished floors of all structures, basements, driveways, level areas, septic disposal fields and retamIng walls. 2. The locatIOns of all water wells (whether on site or off) within 250 feet of any septic disposal field. 3. All property lines within 100 feet of the building site. 4. Setbacks of cut slopes, fill slopes, retaining walls and structures site and drafted at equal horizontal and vertical levels. 5 At least one critical cross section oriented through the structural sIte and drafted at equal horizontal and vertIcal levels. Add a new subsection 106.2.2 asfollows: 106.2.2 Water and Sanitation Requirements. Every building or addition thereto shall be proVIded WIth water and sanitation facilities in accordance with the provIsIOns of this code. Water supplies and sewage faCIlities shall be m conformance WIth regulations and reqUIrements of the City of Wheat Ridge's Mumclpal Code, Colorado Department of Health and the Colorado DIVIsion of Water Resources Office or any supplier recogmzed thereby. When applicable, eVIdence of same shall be submitted to the buildIng official pnor to the issuance of the bUlldmg permit. Add a Ilew subsection 106.4.1 asfollows: 106.4.1 Approval of construction documents. The BuildIng Department shall receive three (3) sets of plans. When the bUlldmg official issues a permit, the construction documents shall be approved, in writmg or by stamp, as "Approved." And shall have the Building OffiCIals signature on the document and the stamp shall also state, Validity of Permit: The issuance of a permIt or approval of plans, specificatIOns and computations shall not be a permIt for, or an approval of. any violation of any of the provISIons of the buildmg code or any other ordinance of the City Permits presuming to give authority to violate or cancel the proVISions of the bUlldmg codes or other ordinances of the City shall not be valid." One set of construction documents so revIewed and shall be retained by the building official. The other set shall be returned to the applicant with changes if any and shall be kept at the site of work and shall be open to inspection by the building official or hIS authonzed representative. Add a new subsectioll106.6 asfollows: 106.6 Reports. When, in the opinion of the building offiCIal, certain geologic hazards or constraints, including but not limited to, landslides, rock falls, flash flooding, mudslides, avalanches, subSIdence and / or soll creep exist or may eXIst with respect to a speCIfic building proposal, a soil and / or geologic investigation may be required prior to the Issuance of a building permit. Such investigatIOn, when reqUired, shall be documented by submittal to the bUilding official of an acceptable written report, which IS signed by a soils engmeer and / or an engineenng geologist withIn his field of expertise SaId report(s) shall contain specific recommendatIOns regardIng the buildmg location and design. The relationshIps of (1) sIte 4 grading, structural integnty, and septic drain fields and (2) the geologIc hazards or constramts, shall be considered in the report(s) SECTION 108 FEES Change section I08.2 to read asfollows: 108.2 Schedule of permit fees. On buildmgs, structures, mechanical and / or alterations requiring a permit, a fee for each permit shall be paId as reqUIred, in accordance with Table I-A of this code. (Thisfee schedule is administrative and subject to change by City Council) Change section 108.3 to read as follows: 108.3 Plan Review Fees. When submittal documents are reqUIred by Section l06 I, a non- refundable plan review fee depOSIt shall be paid at the time of submitting the submittal documents for plan review Said plan review fee shall be 65 percent (65%) of the building permit fee as shown m Table I-A for all multi-family and commercial projects. A said plan revIew fee of 65 percent (65%) of the building permit fee for all that fall under the IRC When the submittal documents are incomplete or changed so as to reqUIre additional plan review an addItional plan review fee shall be charged at the rate shown in the 2003 Table I-A Buildmg Permit Fees. Add a new subsection 108.3.1 asfollows: - 108.3.1 Building Permit Valuations. The applicant for a permit shall proVIde an estimated permit value at the time of application. If, in .the opinion of the building official, the valuatIOn IS underestimated on the applicatIOn, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the bUlldmg official. The final bUlldmg valuatIOn shall be set by the building official Add a new subsection 108.4.1 asfollows: 108.4.1 Investigation Fees: Work without Permit. Whenever any work for which a permit IS required by thIS code has been commenced without first obtaining Said permit, a special Illvestigatlon shall be made before a permit may be issued for such work. Add a new subsection 108.4.2 asfollows: 108.4.2 Fee. An InvestigatIOn fee, in addition to the permit fee, shall be collected whether or not a permIt is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by thiS code. The mmimum investigation fee shall be the same as the mlmmum fee set forth in Table I-A. The payment of such mvestigation fee shall not exempt any person from compliance with all other proviSIOns of this code nor from any penalty prescribed by law 5 Change section 108.6 to read asfollows: 108.6 Fee Refunds. The bUIlding official may authorize refunding of any fee paid here under which was erroneously paid or collected. The building offiCial may authorize refunding of 100% of the permIt fee The buildIng offiCIal may authonze a refund of not more than 50 percent (50%) of the plan review fee The bUlldlllg offiCial shall not authorize refundmg of any fee paid except on wntten applicatIOn filed by the original permittee not later than l80 days after the date of fee payment. If plan check review IS not done by City personnel then there shall be no refund for plan review fees. SECTION 109 INSPECTIONS Change section 109.1 to read as follows: 109.1 General. All constructIOn or work for whIch a permit IS required shall be subject to inspection by the building offiCial and all such construction or work shall remam accessible and exposed for inspection purposes until approved by the bUIldIng offiCial. In addition, certaIn types of construction shall have continuous inspectIOn as speCIfied in Section Table 1704 5.1 and Table 1704.5.3 Approval as a result of an IllspectlOn shall not be construed to be an approval of a violation of the proVIsions of this code or of other ordinances of the Jurisdiction. Inspections presuming to gIve authonty to violate or cancel the provisions of this code or of other ordInances of the jurisdiction shall not be valid. - It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for IllspectlOn purposes. Neither the buildmg offiCial nor the jurisdIction shall be liable for expense entailed In the removal or replacement of any matenal required to allow inspection. A survey of the lot will be reqUIred by the buildIng offiCIal to verify that the structure IS located in accordance WIth the approved plans. Add a new subsection 109.3.1.1 asfollows: 109.3.1.1 Zoning / Building Code Setbacks: Inspection for set backs may be performed at the same time as an inspectIOn 109.3.1, but only after the location of the structure has been laid out and staked. A general observation of distances between buildmg (s) and property lines will be conducted. If any discrepancies are apparent, a re-survey may be required by the building offiCIal to verify that the structure is located In accordance with the approved plans. Add a new subsection 109.3.1.2 asfollows: 109.3.1.2 Trenches, Footings, Pads, Caissons: ThiS inspectIOn shall be made after trenches are excavated, forms erected, steel in place and pnor to placement of concrete. The CIty of Wheat RIdge reqUIres an on-site observation and a stamped written report by an architect or profeSSIOnal engIneer when plans call for drilled piers ("caisson") constructIon. Observation of the 6 preparation, reinforcement and placement shall be described In detail in the wntten report as mentioned by an archItect or engmeer and IS not the responsiblhty of the City of Wheat Ridge. Add a new subsection 109.3.2.1 asfollows: 109.3.2.1 Damp-proofing of Footing and Foundation and / or Grade Beams of Basement Walls: Shall be inspected pnor to backfilling. Add a new subsection 109.3.4.1 asfollows: 109.3.4.1 Rough Heating and Ventilation: These inspections will be made prior to covering and / or concealing all walls, ceilings and floors. Add a new subsection 109.3.10.1 asfoLLows: 109.3.10.1 Final Inspections: The following final InspectIOns must be made after the building. site work are completed and are ready for occupancy Add a new subsection 109.3.10.1.1 asfollows: 109.3.10.1.1 Final Grading. Must provide positive drainage away from building(s). Add a new subsection 109.3.10.1.2 asfollows: 109.3.10.1.2 Interior. All rooms and Interior areas must be complete m every respect. - Add a new subsection 109.3.10.1.3 asfollows: 109.3.10.1.3 Electrical. The final electrical must be signed off. Add a new subsection 109.3.10.1.4 asfollows: 109.3.10.1.4 Plumbing. The final plumbing must be SIgned off. Add a new subsection 109.3.10.1.5 asfollows: 109.3.10.1.5 Heating and Ventilation. Final Inspection Add a new subsection 109.3.10.1.6 asfollows: 109.3.10.1.6 Window Glazing and Blown-in Attic Space Insulation. Final Inspection Add a new subsection 109.3.10.1.7 asfollows: 109.3.10.1.7 Other. As may be specific to the proJect. Change section 109.5 to read asfollows: 7 109.5 Inspection Requests. It shall be the duty of the person dOIng the work authorized by a permit to notify the bUlldmg official that such work IS ready for mspectlOn. The bUIldIng offiCial may reqUire that every request for Inspection be filed at least one workmg day before such inspectIOn IS desired. Such request may be m wnting or by telephone at the optIOn of the bUlldmg officiaL It shall be the duty of the person requesting any inspections reqUIred by thiS code to provIde access to and means for mspectlOn of such work. Add a new section 109.7 as follows: 109.7 Inspection Record Card. Work requinng a permit shall not be commenced until the permIt holder or an agent of the permIt holder shall have posted or otherwise made available an mspection record card such as to allow the Inspector/Building Official to convemently make the required entries thereon regarding inspection of the work. ThIS card shall be maIntaIned and available by the permit holder until final approval has been granted by the bUlldmg official Add a new section 109.7.1 asfollows: 109.7.1 General. If. due to excessive workload and manpower hmitatlOns, the bUildIng oftlClal IS unable to perform a requested mspection on the working day following the mspectlOn request, special inspectIOn reports, contractor certIfications, or other satisfactory evidence of the work bemg completed substantially in compliance WIth thiS code may be accepted In lieu of the required inspectIOns noted below When approved by the buildmg offiCIal, trenches, footIngs or pads inspectIOns of foundation walls and / or grade beams steel reinforcement mspections may be performed by a qualified archItect or engIneer servIng as a Special Inspector (See Section 1704 I). The building official may accept wntten, signed certifications from the contractor performIng the work in lieu of the required InspectIOns for damp-proofing, insulatIOn, and lath and / or wallboard fastenIng if all or a portion of the work cannot be inspected on the workIng day followmg the day of the InspectIOn request. In addItIOn to the called mspectlOns specified above, the buildIng offiCial may make or reqUire other Inspections of any constructIOn work to ascertain compliance with the provIsIOns of thiS code and other laws, which are enforced by the code enforcement agency. Add a new section 109.7.2 as follows: 109.7.2 Inspections in Hillside or Geologic Hazard Areas. At the completion of rough grading and / or foundation excavatIOn, and pnor to the construction of retaming walls, footings, or beanng Caissons, a soil engmeer and / or an engIneering geologist, withIn theIr respective fields of competency, shall inspect the site at the applicant's expense and render opmlOns, In wntlllg, to the building official concerning thc soil and geologic conditions actually encountered and that all known geologic hazards or constramts have been taken into account in the design of the faCIlity Add a new subsection 109.8 as follows: 8 109.8 Re-Inspection. A re-mspectlon fee may be assessed for each inspectIOn or re-inspectlOn when such portIOn of work for whIch an Inspection IS called on is not complete or at time of re- lllspection the required correction was not made. This subsectIOn IS not to be lllterpreted as requinng re-inspection fees the first time a job is reJected for failure to comply With the requirements of this code, but as controlling the practice of callIng for mspectlOns before the job is ready for such inspectIon or reinspectlOn. Re-inspection fees may be assessed when the InspectIOn record card is not posted or otherWIse available on the work sIte, the approved plans are not readily available to the Inspector, for failure to provide access on the date for which lllspection is requested, or for devJatlllg from plans requinng the approval of the building official To obtain a re-inspection, the applicant shall file an apphcatlOn therefore In writIng on a form furnIshed for that purpose and pay the re-inspectlOn fee in accordance with Table] -A or as set forth In the fee schedule adopted by the jurisdIctIOn. In mstances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the requHed fees have been pmd. SECTION 110 CERTIFICATE OF OCCUPANCY Add a new subsection 110.1.1 as follows: -- 110.1.1 Change in Use. Changes in the character or use ofa building shall not be made except as specIfied in Chapter 34 of thIS code. Change section 110.2 to read as follows: 110.2 Certificate Issued. After the building offiCIal inspects the bUildIng or structure and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, the bUilding official shall Issue a certificate of occupancy which shall contain the followmg: ] The buildIng permIt number 2. The address of the structure 3 The name and address of the owner 4 A description of that portIon of the building for whIch the certificate IS Issued 5 A statement that the described portIOn of the building has been inspected for compliance with the reqUIrements of thIS code for the group and diVISIOn of occupancy and the use for which the proposed occupancy is classIfied. 6 The name of the building official. 7 The edition of the code under whIch the permit was issued. 8 If automatic sprinkler IS proVIded. 9 Any special stipulations and conditions of the bUll ding permIt. 9 Add a new subsection 110.5 asfollows: 110.5 Posting. The Certificate of Occupancy shall be posted m a conspicuous place on the premIses and shall not be removed except by the bUIldIng offiCial or fire marshal. EXCEPTION: Residential Group R - 3 SECTION 113 OCCUPANCY AND USE VIOLATIONS Change section 113.3 to read: 113.3 Notice of violation. The building official may serve a notice of violation or order to the person responsible for the erection, installation, alteratIOn, extension, repaIr, removal or demolition of work In VIOlation of the provisions of this code, or In violation of the approved construction documents there under, or m VIolation of a permit issued under the proVisions of thIS code Such order shall direct the discontinuance of the illegal actIOn or condition and the abatement of the VIOlation. When an electrical, mechanical or plumbmg system is to be disconnected, wntten notice as prescnbed in thIS section shall be gIven. In cases of Immediate danger to life or property, such disconnection shall be made ImmedIately WIthout such notice Add a new subsection 113.5 asfollows: 113.5 Order to Vacate. Whenever any buildmg or structure or equipment therein regulated by this code is being used contrary to the provisions of thiS code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causIng such use to be continued. Such person shall discontinue the use withm the time prescribed by the bUIldIng offiCIal after receIpt of such notice to make the structure, or portion thereof, comply with the requirements of this code - SECTION 115 UNSAFE STRUCTURES AND EQUIPMENT Add a new subsection 115.6 asfollows: 115.6 Authority to condemn electrical, mechanical and plumbing systems. Whenever the buildIng official or mspector determInes that any electrical, mechanical or plumbing system, or portion thereof, has become hazardous to life, health, property, or has become unsanitary, the bUIldIng official may order m writing that such system either be removed or restored to a safe condition. A time limit for compliance with such order shall be specified in the wntten notice A person shall not use or maintain a defective electrical, mechanical or plumbing system after receiving such notice. CHAPTER 10 MEANS OF EGRESS 10 Change section 1008.1.8.3 to read asfollow 1008.1.8.3 Locks and Latches. Locks and latches shall be permitted to prevent operatIOn of doors where any of the following exists. 1 Places of detention or restraint. 2 Occupancy Groups A, B, E, F, M and S that havmg an occupant load of 50 or less may have the main exterior door or doors to be equipped with key-operated lockmg deVIces from the egress sIde provIded all of the followmg below are applied. All others shall have panic hardware on all doors leading to the outSIde. 2 I The locking device IS readily distinguishable as locked. 2.2 A readily visible durable sign posted on the egress side of all doors statIng' THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED. The sign shall be in letters 1 inch high on a contrasting background. CHAPTER 16 SRUCTURAL DESIGN SectIOn 1612.3 Insert. [City of Wheat Ridge] SectIon ]612.3 Insert: [June 17,2003] - CHAPTER 18 FOUNDATIONS AND RETAINING WALLS Add a new subsection 1802.2.3.1 to read as follows: 1802.2.3.1 Design Water Table. The deSIgn water table shall be the measurement or prediction of the highest potential elevatIOn of the water table at the building site where such measurement or predictIOn is based upon a report by a soils engIneer or other qualified professional and where the accuracy of such measurement or predIction considers the average annual rain fall or other sources or factors which may mfluence fluctuations in the water table for the area In which the subject building sIte IS located. In cases where the water table may be artifiCIally lowered, the deSIgn water table must be determined subsequent to the subdrain system, funds for maIntenance, and indiVIdual or group responsibility for on-going maintenance. Add new sections 1806.1.4.1 thru 1806.4.4 asfollows: 1806.1 Requirements for Slabs Below Grade and Crawl Spaces. 1806.1.4.1 Slabs Below Grade. Building permits for structures with slabs below grade shall not be Issued unless the finished slab elevatIOn is 12 mches or more above the high water table and has a vapor bamer under the slab 11 1806.1.4.2 Peripheral Subdrain Required. Structures wIth slabs below grade shall be provIded wIth a penpheral subdraIn whIch slopes to a sump or sumps, daylight, or other approved pomt of dIscharge. In each case the ultimate discharge point(s) for penpheral subdralns shall be approved durmg bUIlding permit applicatIOns revIew by the buildIng offiCIal. 1806.1.4.3 Crawl Spaces. Crawl spaces shall be permItted only where the desIgn water table IS a mlmmum of 12 Inches below the interior finished crawl space grade, or approved by bUIlding official with a vapor barrier of 6 mill or greater 1806.1.4.4 Alternative Designs. Alternate designs and construction practices may be permitted where It IS demonstrated to the reasonable satisfaction of the buildIng official that they are In compliance WIth the Intent of the criteria listed above. CHAPTER 34 EXISTING STRUCTURES Section 3410.2 Insert: [1969] REFERENCED STANDARDS TO BE ADOPTED INTO 2003 INTERNATIONAL BUILDING CODE: APPENDIX F- RODENT PROOFING APPENDIX G- FLOOD-RESISTANT CONSTRUCTION APPENDIX 1- PATIO COVERS -- APPENDIX J- GRADING 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, FIRST PRINTING MARCH 1997 1997 UNIFORM HOUSING CODE, FIRST PRINTING MARCH 1997 Section 2. The 2003 InternatIOnal Mechamcal Code is hereby adopted as SectIOn 5-78 of Article III of Chapter 5 (BUIldIngs and Building RegulatIOns) with the follOWIng amendments: Sec. 5-78. Mechanical Code. CHAPTER 1 ADMINISTRA TION Change section 101.1 to read asfollows: 101.1 Title. These regulatIOns shall be known as the International Mechanical Code of the CIty of Wheat Ridge, heremafter referred to as "thIS code." 12 Change section 101.2 to read asfollows: 101.2 Scope. This code shall regulate the design, mstallatlon maintenance. alteratIOn and inspection ofmechamcal systems that are permanently installed and utilized to provide control of envlfonmental conditions and related processes within buildmgs. This code shall also regulate those mechanical systems, system components, eqUIpment and appliances specified or addressed herem. The msulation offuel gas distribution piping and eqUIpment, fuel gas-fired appliance and fuel gas-fired appliance venting systcms shall be regulated by the International Fuel Cas Code Exceptions: 1. Dctached onc and two-family dwellmgs and multiple smgle-family dwellmgs (townhouses) not more than three stories high WIth separate means of egress and their accessory structures shall comply with the Residential Code SECTION 106 PERMITS Change section 106.5.2 to read asfollows: 106.5.2 Fee Schedule. The fees for mechanical work shall be as adopted by the City of Wheat RIdge m table I-A. Change section 106.5.3 to read asfollows: _ 106.5.3 Fee Refunds. The building official shall authorize the refunding offees as follows 1 The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not morc than 100% of the permIt fee paid when no work has been done under a permit issued in accordance with thiS code 3 No refunds on plan check fees after a plan check has been completed and not more than 50% of the plan check fee shall be refunded on proJects which plan checking IS not complete. The buildmg official shall not authonze the refunding of any fee paId, except upon written application filed by the origmal permIttee not later than 180 days after the date of fee payment. Insert changes in section 108.4 as follows: 108.4 Violation penalties. Section 108.4 Insert: [misdemeanor, $1,00000,90 days] Insert changes in section 108.5 asfollows: 108.5 Stop work orders. 13 Section 108.5 Insert: [$]0000 mlmmum, $],00000 maxImum] REFERENCED STANDARDS TO BE ADOPTED INTO THE 2003 INTERNATIONAL MECHANICAL CODE: APPENDIX A- COMBUSTION AIR OPENINGS AND CHIMNEY CONNECTOR PASS- THROUGHS Section 3. The 2003 International Plumbmg Code is hereby adopted as SectIOn 5-79 of Article III of Chapter 5 (Buildings and Buildmg Regulations) With the following amendments. Sec. 5-79. Plumbing Code. CHAPTER 1 ADMINISTRATION Change section 101.1 to read asfollows: 101.1 Title. These regulatIOns shall be known as the International Plumbing Code of the City of Wheat Ridge, hereinafter referred to as "thIS code" Delete thefollowing to section 101.2 to read asfollows: 101.2 Scope. Exception # 2 shall be deleted in Its entirety. -- Change section 101.3 to read asfollows: 101.3 Intent. The intent of this code is to meet or exceed the requirements of the State of Colorado Plumbmg Code When technical reqUIrements, specifications or standards in the Colorado Plumbing Code conflict with this code, the more restrictive shall apply Change section 106.6.2 to read asfollows: 106.6.2. INSERT: Table 1-1 or the bUIlding offiCial may use the contractors valuation for the project. Change section 106.6.3 to read asfollows: 106.6.3 Fee Refunds. The building official shall authorize the refundmg of fees as follows. ] The full amount of any fee paId hereundcr whIch was erroneously paId or collected. 2. Not more than] 00% of the permit fee paid when no work has been done under a permit issued m accordance WIth thIS code ]4 3 No refunds on plan check fees after a plan check has been completed and not more than 50% ofthe plan check fee shall be refunded on projects which plan checkmg IS not complete. The buildmg official shall not authorize the refunding of any fee paid, except upon wntten applicatIOn filed by the ongmal permIttee not later than 180 days after the date of fee payment. Add section 107.6 asfollows: 107.6 State of Colorado Licensed Plumber. All plumbing on private property must be done by a State of Colorado licensed plumber wIth the exception of a homeowner that reSIdes or will reside in the reSIdence may do the plumbmg work for their self The homeowner must plan to live in the reSIdence for one year 1nsert changes in section 108.4 as follows: 108.4 Violation penalties. Section 108.4 Insert: [misdemeanor, $l ,000 00, 90 days] Insert changes in section 108.5 asfollows: 108.5 Stop work orders. SectIOn 108 5 Insert: [$100.00 mmimum, $1,000.00 maxImum] - Change section 305.6.1 to read asfollows: 305.6.1 Sewer depth. BUIlding sewers that connect to private sewage disposal systems shall be a minimum of 24 inches below finished grade at the point of septic tank connection. Buildmg sewers shall be a mmimum of 30 inches below grade. Change section 603.2 to read as follows: 603.2 Separation of water service and building sewer. Water service pipe and the building sewer shall be separated by 5 feet of undIsturbed or compacted earth from each other and each of those shall be separated 5 feet from gas and electrical. Exception: 1 The required separatIOn distance shall not apply where a water servIce pipe crosses a sewer pipe provided the water service pIpe is sleeved to at least 5 feet horizontally from the sewer pIpe centerlme, on both Sides of such crossing with pipe matenals listed in table 605.3, table 702.2 or table 702.3 2. The required separation distance shall not apply WIthin the first five feet of the foundation. Change section 708.3 to read as follows: 15 708.3 Where required. A mimmum of one c1eanout shall be located m the bUlldmg and a minimum of one c1eanout shall be located outsIde the bUlldmg wIthin 10 feet of the outsIde foundatIon wall and III accordance wIth Sections 708.3 1 through 708.3.5 Insert changes in section 904.1 as follows: 904.1 Roof extension. All open vent pipes that extend through a roof shall be termmated at least 12 mches above the roof, except that where a roof IS to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet above the roof Section 4. The 2003 International Property Maintenance Code is hereby adopted as SectIOn 5-82 of Article III of Chapter 5 (BUildings and BUlldmg Regulations) with the following amendments Sec. 5-82. Property Maintenance Code. CHAPTER 1 ADMINISTRA TION Change section 101.1 to read asfollows: 101.1 Title. These regulatIOns shall be known as the International Property Maintenance Code of the CIty of Wheat Ridge, hereinafter referred to as "thiS code" - Change section 101.3 to read asfollows: 101.3 Intent. ThIS code shall be construed to secure ItS expressed intent, whIch IS to ensure public health, safety and welfare msofar as they are affected by the contmued occupancy and mamtenance of structures and premises. EXlstmg structures and premises that do not comply WIth these provIsIOns shall be altered or repaIred to proVIde a mmlmum level of health and safety as reqUIred herein. Repalfs, alteratIOns, addItions to and changes in occupancy in eXlstmg bUlldmgs shall comply WIth the 2003 InternatIOnal Building and 2003 InternatIOnal Residential Codes. Change section 102.3 to read asfollows: 102.3 Application of other codes. Repairs, additions or alteratIOns to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the 2003 International Building Codes, 1997 Uniform Housing Code and the I 997 Uniform Code for the Abatement of Dangerous Buildings. Nothmg in this code shall be construed to cancel, modIfy or set aside any provision of the City of Wheat Ridgc Codc of Laws as adoptcd by thc City of Whcat RIdge. SECTION 304 EXTERIOR STRUCTURE 16 Change section 304.14 to read asfollows: 304.14 Insect screens. During the period from March 151 to November 1 S\ every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food servIce areas or any areas where products to be mcluded or utilized m food for human consumption are processed, manufactured, packaged or stored, shall be supplied WIth approved tightly fitting screens of not less than 16 mesh per Illch (16 mesh per 25 mm) and every swinging door shall have a self-c1osmg device in good workmg conditIOn. Exception. Screens shall not be reqUIred where other approved means, such as air curtams or Illsect repellant fans, are employed. CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS Change section 602.3 to read asfollows: 602.3 Heat supply. All habitable rooms shall have a heat source year round that can mamtain a temperature of not less than 68 degrees F (20 degrees C) Exceptions. 1 Processing, storage and operation areas that reqUIre cooling or special temperature conditIOns. 2. Areas in which persons are pnmarily engaged in vigorous phYSIcal actiVIties. - Delete section 602.4 in its entirety. Section 5. The 2003 International Energy ConservatIOn Code is hereby adopted as Section 5-84 of Article III of Chapter 5 (Buildings and Building Regulations) WIth the following amendments. Sec. 5-84. Energy Conservation Code. CHAPTER 1 ADMINISTRA TION Change section 101.1 to read asfollows: 101.1 Title. These regulations shall be known as the International Energy Conservation Code of the City of Wheat Ridge, and shall be cited as such. It IS referred to herein as "thIS code" Change section 101.2 to read asfollows: 101.2 Scope. This code establishes minimum prescriptive and performance-related regulatIons for the deSIgn of energy-efficient buildings and structures or portions thereof that provide 17 facilIties or shelter for public assembly, educational, busllless, mercantile, IllstltutlOnal, storage and resIdentIal occupancies, as well as those portions of factory and Illdustnal occupanCIes desIgned primanly for human occupancy This code thereby addresses the design of energj- efficIent mechanical, service water-heating, e1ectflcal distribution and IlIummatlOn systems and eqUIpment for the effective use of energy m these buildings and structures. In order to get credit for the use of the 2003 InternatIOnal Energy Conservation Code, energy calculatIons must be provided by a registered Colorado Engineer demonstrating compliance with this code. Exception: 1. Builder may use the City of Wheat RIdge PrescriptIve Energy Code as adopted by the CIty of Wheat Ridge mstead of the 2003 International Energy Conservation Code The Prescnptlve Energy Code requirements for CIty of Wheat Ridge are listed below In heu of compliance with the Prescnptive Code, energy calculations provIded by a regIstered Colorado Engineer demonstrating compliance with the International Energy Code will be accepted pnor to issuance of a bUIlding permIt. ITEM Insulation Value Frame walls and rim joist (log homes require energy analysis) Window in frame walls and basement Doors in frame walls and basement Ceilings or rafters Air infiltration Walls to garage or unheated buffer spaces Heated garages10 Heated basement areas (walls) Floors over unheated spaces except insulated crawlspaces Floors over unvented spaces with insulated walls Vapor barrier on ground in crawlspace Crawl space walls with self opening/ closing vents Cantilever floors Unheated slabs in heated area (except garages) Heated slabs Exposed slab edges Slabs in unheated areas (Garages) R 2112 Low-E double glazed' R 2.8614.2 R 3814 Prescriptive air sealing' R 19 Same as house -- R19 R 21" None None R19 R 38 R 7.5' R 10' R 7.5 - R 10' None SPACE HEATING SYSTEM PERFORMANCE Gas furnaces Gas boilers (Including snow-melt boilers) 90% AFUE 90% AFUE DUCTS Inside envelope, outside conditioned space Outside building envelope R 515 R 815 Wood-Burning fireplaces/stoves Gas log sets in masonry fireplaces Tight filling enclosures' Tight fitting doors with outside combustion air 18 Water heater performance Gas Electric .60 energy factor .93 energy factor Hot water piping in unconditioned spaces 1" foam insulation or equivalent Setback thermostat Required (except for hydronic heat) Air source heat pumps Ground heat pumps 9 7 SEER 11 5 SEER The R values given above are the total R values. The R-values of different materials are added together including air films, air spaces and building materials. The R-value is reduced by the effects of thermal bridging through framing. For instance, unless special methods or rigid insulation sheathing are used, the R value for walls must be decreased due to thermal bridging. Multiply the R-value of ceilings at the depth of the framing members by 94 and the wall by 87 I 2. 3 4 5 - 6. 7 8 9 10 I] 12. 13 14 15 Metal framed windows must demonstrate a 0.37 minimum U-valve. Allowable percentage of window area measured by rough opening sizes. R values for windows is a combination of glass, frame and spacer certified by the National Fenestration Research Council (NFRC). If window area is 15% then the window must provide a U valve of 0.37 or lower All exterior joints in the building envelope shall be caulked, gasketed, weather stripped, or otherwise sealed in an approved manner For the performance approach, use Colorado HERS and a 40 air change per t.our rate. All switches and outlets to have UL approved sealing gaskets. The slab edge perimeter must be protected with insulation per the requirements for heated areas. Insulation must extend downward to the bottom of the slab and then out horizontally to the exterior for a minimum total of 24" Slabs adjacent to foundation walls may be uninsulated. Foundation insulation and slab insulation where required shall cover all slab edges. All heated basement area slabs are to be insulated to R 7 under slab insulation required to be a minimum of 4 ft. inside perimeter Slab edges require a thermal break at the wall. Slabs adjacent to foundation walls may be uninsulated. All furnace ducts need to be air tight and constructed with commercial grade mastic and fiberglass mesh. Supply ducts must be insulated to minimum ofR-] I return ducts shall be insulated to a minimum ofR-6 in unheated spaces. Fiberglass ducts which expose fibers to the air stream are not permitted. Wood stoves shall have a catalytic burner, EPA certified or other method to substantially reduce emission which are approved for use within the Cily of Wheat Ridge. Re-circulation pumps shall be provided with timers and a manual on/off switch. All heated garages shall be constructed to the same requirements as the home. Water lines must be protected from freezing, except in floors over insulated basements. An energy rating is required of all log structures, i.e., E-Star or other approved energy analysis. E-Star rating must be 80 or better Opaque doors only (Impenetrable to radiant energy other than visible light) Insulation must extend over top plates. Ducts are to be sealed substantially airtight with tapes, (not duct tape) mastics or gasketing. Section 6. The 2003 International Residential Code is hereby adopted as Section 5-85 of Article III of Chapter 5 (Buildmgs and Buildmg Regulations) with the following amendments: Sec. 5-85. Residential Code. 19 CHAPTER I ADMINISTRATION Change section R101.1 to read asfollows: R101.1 Title. These provisIOns shall be known as the ResIdential Code for One and Two Family Dwellmgs of the CIty of Wheat RIdge, and shall be cIted as such and will be referred to herein as "thIS code" Change section R101.2 to read asfollows: R101.2 Scope. The provisions of the Internatiunal Residential Code for One and Two Family Dwellings shall apply to the construction, alteration, movement. enlargement, replacement, repaIr, eqUipment, use and occupancy, location, removal and demolition of detached one and two family dwellings and multiple single family dwellmgs (townhouses) not more than three stories III heIght with a separate means of egress and their accessory structures. R105.2 Exempted Work, is amended by deleting the following subsections: "lOne-story detached accessory structures, etc "2. Fences not over 6 feet high. "3 Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below R108.5 Refunds. ReVIse section to read. If the constructIOn does not commence within 180 days of the issue date on the permIt and the owner decides to forego the project, a permit refund may be requested. The Building Official may refund up to 100% of the permit fee and not more than 50% of the plan revIew fee for the project. - R109.1.1 Foundation inspection. Change second sentence m Section to read: The foundation inspection shall include all slabs except non-supporting unheated exterior walkways, patIOs and driveways. CHAPTER 3 BUILDING PLANNING R301.2 Table R301.2 Add to table as follows: Ground snow load is 30 Lbs. Wind speed IS II 0 mph 3 sec wind gust Seismic deSIgn category 1 Weathenng is. severe Frost line depth IS. 30 mches Termites are' slight Decay is slight Winter deSIgn Temp is 1 degree F Ice shIeld under layment reqUIred. YES Flood Hazards- FIrm: June 17,2003 20 Air Freezmg Index is. > 1000 Mean annual Temp is 50 degrees F R303.3 Bathrooms. Add to Exception the followmg: Bathrooms that contam only a water closet, lavatory, or combination thereof and similar rooms may be ventilated wIth an approved mechanIcal recirculating fan or sImilar device designed to remove odors from the air. R309.1 Add sentence: Homes wIth attached garages are reqUired to have (1) carbon monoxide detector m the hallway that leads to the garage door Homes with gravity vent systems for gas fired appliances shall have a carbon monoxide detector located in the hallway next to the opening that leads to where the gravity vent gas fired appliance is located. The required carbon monoxide detectors shall be hardwlfed directly to smoke detectors. R311.5.3.3 Exceptions: Change ExceptIOn #1 to read. A nosmg is not required where the tread depth IS a minimum of lO inches. R312.2 Guard opening limitations Exceptions. Add Exception #3 to read. Cable, rope or similar type matenals that do not maintain the ngidity necessary to meet the requirements of Section R312.2 are prohibited. CHAPTER 11 INTERNATIONAL ENERGY CONSERVATION CODE N1102.1 All heated buildlllgs must be built to the City of Wheat Ridge's Prescnptive Energy Code, or the 2003 International ResidentIal Energy EffiCIency Code. - CHAPTER 24 FUEL GAS CODE G2406.2 Under Section G2406.2, delete Exception #3 and #4 m its entirety G2415.1O Change Section G24l5 10 to read as follows: G2415 Trenches. The trench shall be graded so that the pipe has a firm, substantially continuous bearing on the bottom of the trench. The gas service line shall be located 5 feet horizontally away from any water or sewer servIce lines. Each utility shall be bedded with 6 inches of pea gravel above and below the servIce line. If the gas service line IS closer than 5 feet to other service hnes then all the service lines closer than 5 feet shall have a warDIng tape placed 10 inches above the servIce line in the trench. G2425.8 Under Section G2425 8, delete Exception #7 m its entirety G2445 Section G2445 Un-Vented Room Heaters has been deleted III ItS entirety and now reads: Un-Vented Heaters are prohibited m all locations throughout all residential occupancies. CHAPTER 29 WATER SUPPLY AND DISTRIBUTION 21 P2904.4.1 Section P2904 4 1 has been deleted in Its entirety and now reads P2904.4.1 Trenching, pipe mstallation and backfilhng water-servIce pipe shall be separated from the building sewer and gas line by a minimum of 5 feet measured horizontally In situations where the sewer, water or gas lines are closer than 5 feet the water Ime shall be encased m schedule 40 PVC pIpe and each utility shall have warning tape placed 10 inches above the servIce line in the trench. Each utility shall be bedded WIth 6 mches of pea gravel above and below the service line. REFERENCED STANDARDS TO BE ADOPTED INTO 2003 INTERNATIONAL RESIDENTIAL CODE: APPENDIX A- SIZING AND CAPACITIES OF GAS PIPING APPENDIX B- SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED WITH DRAFTHOODS, CATEGORY 1 APPLIANCES, AND APPLIANCES LISTED FOR USE AND TYPE B VENTS APPENDIX C- EXIT TERMINALS OF MECHANlCAL DRAFT AND DIRECT-VENT VENTING SYSTEMS APPENDIX D- RECOMMENDED PROCEDURE FOR SAFETY INSPECTION OF AN EXISTING APPLIANCE INST ALLA TION APPENDIX E- MANUFACTURED HOUSING USED AS DWELLINGS APPENDIX G- SWIMMING POOLS, SPAS AND HOT TUBS APPENDIX H- PATIO COVERS APPENDIX J- EXISTING BUILDING AND STRUCTURES APPENDIX L- ICC INTERNATIONAL RESIDENTIAL ELECTRICAL PROVISIONSI NATIONAL ELECTRICAL CODE CROSS REFERENCE MINIMUM FOUNDATION STANDARDS AS PRESCRIBED BY THE CITY OF WHEAT RIDGE CHIEF BUILDING OFFCIAL Section 7. The 2003 International Fire Code is hereby adopted as Section 5-86 of ArtICle III of Chapter 5 (Buildmgs and Building Regulations) with the following amendments Sec. 5-86. Fire Code. The 2003 International Fire Code shall be known as the "I.F C " or the "fire code" and may be cited and referred to as such. 22 The followmg amendments by addItions, deletIOns, revisions and exceptions are made to the Fire Code. SectIOn 104.1 General Authonty and Responsibilities is amended to read as follows' The InternatIOnal Fire Code shall be admmistered and enforced by the Buildmg OffiCIal of the CIty of Wheat Ridge and designated assistants, who shall perform the following functions, 1 Approval of plans for building new structures and remodeling of eXIsting structures. 2. The mspection of all construction of new structures and the remodelmg of existing structures. 3 The destructIOn of unsafe structures. 4 The International Fire Code shall be enforced by the DIvision of Fire Prevention of the Wheat Ridge Fire Protection District and the DiVIsion of Fire Prevention of all adjOlmng Fire ProtectIOn DIstricts, for the functions as hsted, pertaming to each junsdlctJons respectIve amendments. The Fire Marshal or his designated representative shall be responsible, as the designee of the Building Official of the CIty of Wheat Ridge, for the administration and enforcement of the Code and shall enforce all ordnances of the junsdiction. - Wherever this code refers to the Chief in the context of Code admmistration or enforcement, it shall refer to the Fire Marshal or designated representative by the Building Official. Wherever the code refers to the Chief in the context of fire suppressIOn, it shall means the Chief of the Wheat RIdge Fire Department and the Chiefs of the adjoinmg Fire Departments. Section 103.4.1, Legal defense, is hereby amended in its entirety to read as follows: "103 4 I Legal defense. Any SUIt instituted agamst any officer or employee of any fire protectIOn district or of any officer or employee of the City of Wheat RIdge because of an act performed by that officer or employee m the lawful discharge of duties and under the proviSIOns of this code shall be defended by the legal representative of the fire protection dIstrict or City by which he or she is employed until the final termination of the proceedings. The fire code official, city officer or employee, or any subordinate shall not be liable for costs m an action, suit or proceeding that IS mstituted in pursuance of the provisions of this code; and any officer or employee of the department of fire prevention or the City, acting in good faIth and without malice, shall be free from liability for acts performed under any of Its provisions or by reason of any act or omiSSiOn in the performance of official duties in connection therewith." Section 105.2.2, Inspection authorized. 23 Section l05.2.2, Inspection authorized, IS hereby amended by addmg a sentence to the end of the paragraph to read as follows: 'Twenty-four hours notice shall be provided to the dIviSIOn of fire preventIOn for required mspections and tests." Section 105.6, Required operational permits. Section 105 6, ReqUIred operational permIts, IS hereby deleted WIth the exception of section 105 644, Temporary membrane structures, tents and canopIes, whIch section 105.644 shall be adopted as written. Section 108.1, Board of appeals established. SectIOn 108 1, Board of appeals established, IS hereby amended in Its entirety to read as follows "I08 1 Board of appeals established. In order to hear and decide appeals of orders, deCIsions, or deternlinations made by the fire code official relative to the application and mterpretatlOn of this code, there is hereby created a board of appeals. The board of appeals shall be known as the Buildmg Code Advisory Board. The board of appeals shall be appointed by the governmg body and shall hold office at its pleasure. The fire code official shall be an ex officIO member of SaId board but shall have no vote on any matter before the board." Section 108.3, Qualifications. Section 108.3, Qualifications, is hereby deleted. Section 109.3, Violation penalties. SectIOn 109.3, ViolatIOn penalties, is hereby amended III its entirety to read as follows: "109 3 Violation penalties Persons, firms, Of corporatIOns who shall VIOlate a proVISIOn of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair Of do work in VIOlation of the approved construction documents or directive of the fire code official, or of a permIt or certificate used under provisions of thIS code, shall be guilty of a fire code violatIOn, punishable by a fine, or by Impnsonment, or both, not to exceed the limits established withlll the CIty of Wheat RIdge City Code The denial, suspensIOn. revocation, or restfiction of any permIt or other privilege conferred by this code shall not be regarded as a penalty for purposes of this chapter. Each day that a violation continues after due notice has been served shall be deemed a separate offense." Section 111.1, Order. Section III 1, Order, IS hereby amended in its entirety to read as follows. 24 "111 1 Order Whenever the fire code official finds any work regulated by this Code being performed in a manner contrary to the provisions of thIs code or in a dangerous or unsafe manner, the fire code official, with concurrence of the bUlldmg official, is authonzed to Issue a stop work order" Section 304.2.1, Trash enclosures. SectIOn 304.2 1, Trash enclosures, IS hereby added to read as follows. "30421 Trash enclosures. Trash enclosures shall be constructed of block or brick with metal gates or doors as approved by the Department of Community Development." Section 308.3.1.1, Open Flame and Liquefied-petroleum - gas - fueled cooking devices. Section 308.3.1 1, LiqUlfied - petroleum - gas - fueled cooking devIces, IS hereby amended m its entirety to read as follows. "30831 1 L-P - gas burners having L-P gas container with a water capacIty up to 20 pounds [nominal 1 pound (0 454 kg) L-P gas capacity] may be used on combustible construction. " Section 308.3 l.Exception #2 is deleted from adoption. -, Section 315.2.5, Marking maximum permitted storage height. Section 315.2.5, Marking maximum permitted storage height, is hereby added to read as follows. "3 I 5 2 5 Marking maximum permitted storage When storage areas are constructed that do not meet the requirements for high piled combustible storage or sprinkler system deSign densIties, a mimmum of a four (4) inch (10 1.6mm) stnpe on a contrasting background shall be placed at twelve (12) feet (4 176m) above the finished floor to deSIgnate the maxImum permitted storage height, and clearly Justified with the deSIgnation. 'No Storage Above This Lme' " Section 503.2.1, Dimensions. SectIOn 503.2.1, DImensions, is hereby amended in its entirety to read as follows. "503 2 I Dimensions. Fire apparatus access roadways in other than residential streets shall have an unobstructed width of not less than twenty-four (24) feet (7315mm) and an unobstructed vertical clearance of not less than thirteen (13) feet SIX (6) inches (4l15mm) Private streets shall not be less than twenty-six (26) feet (7935mm) wide and shall have an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115mm) 25 Exception. The wIdth of private streets may be reduced from the required twenty-six (26) feet (7935mm) if a specific access and parkmg design is approved by the fire code official. " Section 503.2.3, Surface. Section 503.2.3, Surface, is hereby amended mlts entirety to read as follows. "50323 Surface Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced with the first 11ft of asphalt as to prOVIde all-weather dnvmg capabihties." Section 503.2.5.1, Group R, Division 3 occupancies. Section 503.2.5 l, Group R, DiviSIOn 3 occupancies, IS hereby added to read as follows "50325 I Group R. Division 3 occupancies Where a property IS a Group R, DiVISIon 3 occupancy, the length of a dead end fire department access roadway may be mcreased to one-hundred seventy-five (175) feet (53,340mm) without the proVISIOns for the turning around of fire apparatus if approved by the fire code official." Section 503.2.8, Curbs. Section 503.2 8, Curbs, is hereby added to read as follows: -- "50328 Curbs. Vertical curbs shall not be placed at the entrance of or within fire access lanes and roads. Hollywood style curbs may be used if approved by the fire code official. " Section 503.2.9, Gated communities. Section 503.2.9, Gated communitIes, is hereby added to read as follows. "50329 Gated communities. Gated communities may be permitted, provided the commumty meets the reqUIrements as detmled herein and subject to the approval of the fire code offiCIal. The access roadways within a gated community shall be a minimum of twenty-eIght (28) feet (8534mm) of unobstructed width and be mamtained as an all- weather surface and mamtained as needed to provIde all-weather dnvmg capabIlities and requirements of section 503 of the fire code. Unobstructed vertical clearance shall not be less than thirteen (13) feet six (6) inches (4115mm). Two separate means of mgress/egress shall be provided into the site Gates shall be staffed on a twenty-four (24) hour basis or be equipped with an automatic and manual system approved by the fire code official" 26 Section 503.2.10, Fire protection in recreational vehicle, mobile home, and manufactured housing parks, sales lots, and storage lots. Section 503.2 10, Fire protection m recreatIOnal vehIcle, mobIle home, and manufactured housing parks, sales lots, and storage lots, is hereby added to read as follows. "503210 Fire protection in recreational vehicle, mohile home, and manufactured housing parks, sales lots, and storage lots. RecreatIOnal vehicle, mobile home, and manufactured housmg parks, sales lots, and storage lots shall proVide and maintain fire hydrants and access roads in accordance with Sections 503.1 and 508 Fire hydrant locations and mimmum reqUIred fire flows shall be approved by the fire code official. Exception: Recreational vehicle parks located in remote areas shall be provided with protectIOn and access roadways as required by the fire code official." Section 506.3, Key box installation. SectIOn 506.3, Key box mstallation, IS hereby added to read as follows "5063 Key box installation. All buildmgs with a required fire alarm system or automatic fire extmguishing or standpIpe system shall be prOVided WIth a key box m a location approved by the fire code official. The key box shall be of an approved type" - EXCEPTION Individual units within retail and office umts that do not contam spnnkler control valves, fire alarm panels, or fire protection eqUIpment are not required to provide keys to gam access to other mdividual umts." Section 508.5.1, Where required. SectIOn 508.5 1, Where reqUIred, is hereby amended in Its entirety to read as follows. "50851 Where required. The location, number, and type of fire hydrants connected to a water supply capable of delivering the minimum requlfed fire flow shall be proVIded on the public street or on the site of the premises or both to be protected as required and approved. A fire hydrant shall be mstalled and maintained withm one hundred fifty (150) feet (45,720mm) of a fire department connection servmg a sprinkler or standpIpe system. When mstallation of fire protection mcluding fire apparatus access roads and water supplies for fire protection, IS required, such protection shall be made servIceable pnor to the time of above grade construction. Exceptions 1. When the alternate means of protection, as approved by fire code official, are provided, the requirements of section 508.1 may be modified or waived. 2. For Group R-3 and Group U occupancies that dIstance requirement shall be 500 feet (152400mm) 2.2 When street WIdths are reduced in Group R-3 and Group U 27 occupancies to less than thirty two (32) feet (9753mm), the dIstance requlfement shall be three hundred (300 feet (9l440mm) 3. For all bUIldings WIth the exception of Group R-3 and Group U occupanCIes and buildings that are equipped throughout with an approved automatic spnnkler system lllstalled in accordance With sections 903 1 1 or 903.3 1.2. The dIstance requirement shall be 300 feet (91440mm) Section 508.5.7, Marking of fire protection equipment. Section 50857, Markmg of fire protection equipment, is hereby added to read as follows "508.57 Marking ofjire protection equipment Fire protection eqUIpment and fire hydrants shall be clearly identified m an approved manner to prevent obstructIOn by parking and other obstructions. See also sections 508.5 and 505.5.5 Fire hydrants shall be painted colors that are approved by the Water District of jurisdIctIOn." Section 603.9.1, Gas meter identification. Section 603 9 I, Gas meter identification. IS hereby added to read as follows: "603 9 1 Gas meter identification. Gas meters shall be identified with the building address and/or unit number" Section 605.1, Abatement of electrical hazards. - Section 605 I, Abatement of electrical hazards, IS hereby amended by the addItIon of a second paragraph to read as follows. "Wiring systems, mcludmg covers, shall be maintained as reqUIred in the NatIOnal Electrical Code for the If original installation." Section 605.3.1.2, Main electrical disconnect labeling. Section 605.3.1.2, Malll electncal disconnect labeling, IS hereby added to read as follows. "605 3 I 2 Main electrical disconnect labeling Electncal rooms contammg the malll electric dIsconnect shall be identified with a permanently affixed sign with letters not less than one (1) inch (25mm) in height on a contrasting background to read "MAIN ELECTRICAL DISCONNECT" Section 605.3.1.3, Labeling of address or unit disconnects. Section 605.3 1.3, Labeling of address or unit disconnects is hereby added to read as follows. 28 "605 3 I 3 Labeling of address or unit disconnects Electncal disconnects shall be Identified with the address and/or umt number III accordance with the electrical code." Section 901.6.2, Records. Section 901 6.2, Records, is hereby amended m its entlfety to read as follows. "90162 Records Records of all system mspectIOns. tests, and mamtenance reqUIred by the referenced standards shall be mamtained at the premises for a minimum of three years and a copy of the current mspectlOn shall be forwarded to the divIsIon of fire prevention." Section 903.1.2, Location of sprinkler control valves. Section 903 1.2, Location of sprinkler control valves, is hereby added to read as follows' - "903 1 2 Location of sprinkler control valves When automatic sprinkler systems are provided within a bUlldmg and the system serves more than one tenant space, the main control valves shall be placed within a room that has access provIded from the building exterior The door to said room shall be not less than three (3) feet (914mm) m WIdth by six (6) feet eight (8) inches (2030mm) in height. The door shall be appropriately labeled with a permanent sign with letters having a principal stroke of not less than three fourths (3/4) mch (19mm) wide and at least six (6) inches (152mm) tall." Section 903.2.1.6. Group B Occupancies is hereby created to read as follows: Group B OccupancIes. "An automatic sprinkler system shall be mstalled m Group B Occupancies where the floor area exceeds l2,OOO square feet or l8,000 square feet on combined floors and mezzanines." Section 903.2.2. Group E Occupancies is hereby revised to read as follows: Group E OccupanCIes "An automatic spnnkler system shall be Illstalled in Group E Occupancies where the floor area exceeds 12,000 square feet or 18,000 square feet on combined floors and mezzamnes." Section 903.2.2.2 is hereby created and shall read as follows: Group F-2 Occupancies: "An automatic sprinkler system shall be installed in Group F-2 Occupancies where the floor area exceeds l2,000 square feet or l8,OOO square feet on combined floors and mezzanines." 29 Section 903.2.9.1.2 is herby created to read as follows: Group S-2 Occupancies "An automatic spnnkler system shall be mstalled In Group S-20ccupancles where the floor are exceeds 12,000 square feet or l8,000 square feet on combined floors and mezzamnes." Section 903.2.13.1. is hereby created to read as follows: Group R-3 Occupancies. "An automatic spnnkler system shall be installed in Group R, Division 3 OccupancIes where the floor areas under the honzontal projectIOns of the roof exceeds 12,000 square feet. Section 903.3.7.1, Hose connection locations. Section 903.3.7 I, Hose connection locatIOns, IS hereby added to read as follows. "903 3 7 1 Hose cunnection locations The fire department hose connectIOns for a sprinkler system shall be located within one hundred fifty (150) feet (45,nOmm) of a fire hydrant. Hose connections shall be located a mimmum height of three (3) feet (I 94mm) and a maximum height offour (4) feet (l219mm) above the fimshed grade." Section 903.4.2.1, Audible and visual signals. Section 903 4.2.1, Audible and VIsual SIgnals, is hereby added to read as follows. --- "903 4 2 1 Audible and visual signals Audible and VIsual fire alarm signals shall be connected to every automatic spnnkler system. Such audible and VIsual SIgnals shall be activated throughout the building upon water flow" Section 904.11, Commercial cooking systems. SectIOn 904 11, CommercIal cookIng systems, IS hereby amended by deleting referenced standard numbers. 1. Carbon dIoXIde extinguishing system, NFP A 12, and 2. Automatic sprinkler systems, NFPA 13 The remaining referenced standards 3, 4, and 5 shall remam unchanged. Section 904.11.3, Carbon dioxide systems. Section 904 11.3, Carbon dIOxide systems, IS hereby deleted in its entirety Section 904 11 4, Special provisions for automatic sprinkler systems, is hereby deleted in its entirety Section 904.11.7, Residential type cooking equipment. 30 Section 904 II 7, ResIdential type cookmg eqUIpment, is hereby added to read as follows. "904 11 7 Residential type couking equipment When residential type cooking eqUIpment is Installed withm Group A, B, E, F, S, and R-4 occupancies, a residential fire extingUlshmg system may be used in heu of a commercial type fire extinguishing system with the approval of the fire code offiCial and building official. " Section 905.1.1, Hose connection locations-standpipe systems. Section 905 1 l, Hose connection locatIOns-standpIpe systems, is hereby added to read as follows: "905 1 I Hose cunnection locations-standpipe systems Fire department hose connections for a standpipe system shall be located within 150 feet (45720mm) of a fire hydrant, and a minimum of three (3) feet (914mm) and a maxImum of four (4) feet (1219mm) above finished grade A minimum ofa three-foot (914mm) clear space shall be provided around the circumference of a fire department connection." Section 905.1.2, Main control valve. SectIOn 905 1.2, Main control valve, is hereby added to read as follows. - "9051 2 Main control valve When standpipe systems are proVIded within a buildmg and It serves more than one tenant space, the main control valve shall be located wlthm a room that has access proVIded from the building exterior with a door for fire department access. Said door shall not be less than three (3) feet (914mm) in a width by six (6) feet eight (8) inches (2030mm) III heIght and shall be appropriately labeled with a permanent sIgn WIth letters havmg a prinCIpal stroke of not less than three-fourths (3/4) mch (19mm) wide and at least SIX (6) mches (152mm) tall." Section 906.3, Size and distribution. SectIOn 906.3, SIze and distribution, IS hereby amended in its entirety to read as follows. "906.3 Size and distribution. Multipurpose dry chemical portable fire extinguishers shall be ten (10) pounds (4.5kg), shall have a minimum UL classificatIOn of 4-A, and shall be rated to fight Class A, B, or C fire hazards." Section 907.1.2.1, Type. Section 907 l.2.l, Type, is hereby added to read as follows. 31 "907 I 2 I Type All fire detectIOn systems reqUIred by the fire code shall be a Class A Style E four wIre loop system. ExceptIOn. A self-testmg system, whIch wIll bypass an moperatlve or missmg detector and stili provIde fire detection may be used in place of a four (4) wire loop system with the approval of the fire code officIaL Non- reqUIred systems may be a two (2) wire Class B system. Remote mdicating devices shall be provIded on all reqUIred duct detectors, elevator and electncal panel rooms, and where detection devIce activation IS not readily visible to responding fire fighters." Section 907.2.3, Group E. Section 907.2.3, Group E, IS hereby amended in its entirety to read as follows. "90723 Group E Approved manual and automatic fire alarm systems shall be installed III Group E occupancies having an occupant load of 20 or more Group E occupancies havmg an occupant load of more than five but not more than 19 shall be equipped with an approved hard wIred 120-volt smoke detection system, WIth battery back-up, and which IS interconnected in accordance with the International Residential Code." Section 907.2.10.1.2.1, Group R-4. Section 907.2.10 1.2.1, Group R-4, IS hereby added to read as follows. "9072 IO I 2 I Group R-4. Group Homes classIfied as Group R-4 occupancIes for the developmentally disabled contalllmg more than five (5) persons, includlllg staff, shall be provided WIth an approved automatic fire alarm system. Group homes having four (4) or fewer persons, including staff, shall be provided with an approved hard wired one hundred twenty (120) volt smoke detection system, WIth battery back up, and interconnected in accordance with the International Residential Code." Section 907.2.10.1.2.2, Group R-4-Senior citizen care. SectIon 907.2.10 1.2.2, Group R-4-Senior cItizen care, is hereby added to read as follows "9072 10 1 22 Group R-4 - Senior citizen care. Structures us cd to providc for the care or housing of six or more semor citizens shall be equipped WIth an approved automatic fire alarm system mstalled III accordance with NFPA 72." Section 907.15, Monitoring. 32 Section 907 15, Monitonng, is hereby amended m its entIrety to read as follows. "907 15 Monitoring Fire alarm systems required by thIs code shall be supervised by an approved central, propnetary, or remote station servIce or a local alarm, whIch will give an audible signal at a constantly attended station." Section 1008.1.8.3 Locks and Latches Section 1008 I 8.3 is hereby amended to read as follows' Section 1008 1.8.3 Locks and latches shall be permItted to prevent the operation of doors where any of the followmg exits: Places of detention or restraint. 2. In bUlldmgs m occupancy Groups A, E havmg an occupant load of 50 or less, Groups B, F, M and S. All others are reqUIred to have panic hardware on all egress doors. The mam exterior door or doors are permItted to be equipped With a key-operated lockmg devices from the egress SIde provided: 2 1 The locking device is readily distinguishable as locked. - 2.2. A readily VIsible sign posted on the egress side of all doors stating' THIS DOOR TO REMAIN UNLOCKED WHEN THE BUILDING IS OCCUPIED. The sIgn shall be m letters 1 inch high on a contrasting background. Section 1008.1.9, Panic and fire exit hardware. Section 1008 1 9, Pamc and fire exit hardware, IS hereby amended by amending the second paragraph to read as follows. "Each eXIt door in a means of egress from an occupancy of Group A or E having an occupant load of 50 or more and any occupancy of Group H-l, H-2, H-3 or H- 5 shall not be provIded WIth a latch or lock unless It is panic hardware or fire exit hardware. " Section 1011.1.1, Additional exit signs. Section 10 11.1.1, Additional eXIt signs, IS hereby added to read as follows "lOI1 I I Additional exit signs. When eXit sIgns are required by the buildmg code, additional low-level exit sIgns, which are mternally or externally illuminated, photo lummescent, or self-luminous shall be provIded m corridors serving guest rooms in Group R, DIviSIOn 1 occupancIes and amusement 33 buildmgs. The bottom of such sign shall not be less than SIX (6) inches (152mm) nor more than eight (8) inches (203mm) above the floor level and shall indicate the path of exit travel. For exit and exit-access doors, the sign shall be on the floor or adjacent to the door with the closest edge of the sIgn within four (4) inches (102mm) of the doorframc" Section 1027.3.1, Signs. Section 1027.3.1, Signs, IS hereby added to read as follows "10273 1 Signs Exit doors that could be obstructed from the outsIde shall be posted wIth a permanent sign on the exterior side of the door stating "EXIT DOOR - DO NOT BLOCK." The sign shall consIst of letters having a principal stroke of not less than three-fourths (3/4) inch (19mm) wide and at least SIX (6) inches (1 52mm) high on a contrasting background." Section 2204.3, Unattended self-service motor fuel-dispensing facilities. Section 2204.3, Unattended self-service motor fuel-dispensing facilities, IS hereby amended in its entirety to read as follows. "Unattended self-service motor fuel-dIspensing facilities shall not be permitted or operated." Section 2204.3.1, General, through Section 2204.3.7, Quantity limits. SectIon 2204.3 l, General, Section 2204.3.2, Dispensers, Section 2204.3.3, Emergency controls, SectIOn 2204.3 4, Operating instructIOns, SectIOn 2204.3 5, Emergency procedures, Section 2204.3.6, CommUnIcations, and Section 2204.3 7, Quantity limits, are hereby deleted. Section 3308.2.2.1, Where allowed. Section 3308.2.2.1, Where allowed, IS hereby added to read as follows. "330822 I Where allowed. ProxImate audience dIsplays may be conducted only within bUlldmgs that contain an approved automatIC sprinkler system." Section 3406.6.1.2.1, Vapor recovery device. SectIon 3406 6 1.2.1, Vapor recovery device, is hereby added to read as follows. "34066 I 2 I Vapor recovery device It shall be unlawful for any driver, operator, or attendant to defeat or fail to use any vapor recovery device or system that has been provided for use with the vapor recovery device or system. All 34 equipment shall be approved and maintained for use with the vapor recovery system provided at the site." Section 3804.2 Maximum capacity within established limits. Section 3804 .2 IS hereby amended to read as follows: Withm the limits established by law restrictmg the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of anyone installatIOn shall not exceed a water capacity of 2,000 gallons within the City limits of the City of Wheat Ridge Chapter 45, Referenced standards. Chapter 45, Referenced standards, is hereby amended by addmg the followmg referenced standard on to the International Code Council Standard Reference list: "Insurance ServIce Office 160 Water Street New York, NY Insurance ServIce Office Guide for Determining Fire Flow, Fire SuppressIOn Rating Schedule 1980" Chapter 45, Referenced standards. - Chapter 45, Referenced standards, IS hereby amended by deleting the following referenced standards from the NatIOnal Fire Protection Association's standard reference list: Referenced Standard 99, Health Care FaCIlities, and Referenced Standard 101, Life Safety Code All other referenced standards shall remain unchanged. Appendix B, Fire-flow requirements for buildings, Section B103.1, Decreases. Appendix B, Fire-flow requirements for bUlldmgs, SectIOn BI03. I Decreases, is hereby amended m ItS entirety to read as follows: "Bi03 I Decreases Decreases in the minimum required fire flow are permitted up to 50 percent. when the building is provided with an approved automatIc spnnkler system installed throughout and in accordance with 903.3 I standards. Section 903.3 1.2 NFPA 13R sprinkler systems are not permitted to be used for a reduction in mmimum required fire flows in other than one and two family dwellings. In areas where the required fire flow cannot be obtained, Group R-l, R-2, R-3, or R-4 new or remodeled residential occupancies shall have spnnkler systems 35 installed in accordance with section 903.3 1 1 of the buildmg code, as amended. When It IS determmed that it is Impractical to obtam the reqUIred fire flows as required herein for any other occupancy, a decrease shall not be granted WIthout the approval of fire code official and building official. Any decrease in the required fire flows will reqUIre alternative means of fire protectIOn and mitigation." Appendix B, Fire-flow requirements for buildings, Section B103.2, Increases. Appendix B, Fire-flow reqUIrements for buildings, Section B 103.2, Increases, IS hereby amended by addmg a second paragraph to read as follows. "When wood shingles or shake shingles are provided, an addItIOnal five hundred (500) gallons per minute (l893 Umin) shall be added to the total required fire flow" Section 8. The 2003 International Fuel Gas Code is hereby adopted as SectIon 5- 87 of Article III of Chapter 5 (Buildings and Building RegulatIOns) with the following amendments. Sec. 5-87. Fuel Gas Code. CHAPTER 1 ADMINISTRATION Change section 101.1 to read asfollows: 101.1 Title. These regulations shall be known as the International Fuel Gas Code of the City of Wheat RIdge, heremafter referred to as "thiS code." Change section 101.2 to read asfollows: 101.2 Scope. This code shall apply to the installation offuel-gas utilization eqUIpment and related accessones m accordance WIth SectIOn 101.2.1 through 101.2.5 Exceptions: 1 Detached one and two family dwellings and multiple single family dwellings (townhouses) not more than three stories high with separate means of egress and thelf accessory structures shall comply with the International Residential Code. Change section 106.5.2 to read as follows: 106.5.2 Fee schedule. The fees for work shall be as adopted by the City of Wheat Ridge Change section 106.5.3 to read asfollows: 36 106.5.3 Fee refunds. The building official shall authonze the refunding of fees as follows. I. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. 100% of the permIt fee maybe refunded if no work has begun. 3 50% of a plan check may be refunded if the plans are withdraWll or canceled before any plan review effort has been expended unless a plan check was done outsIde the City in which there will be no refund of the plan check fee. The building official shall not authorize the refundmg of any fee paid, except upon wntten application filed by the origmal permittee not later than l80 days after the date of fee payment. Change specific items in section 108.4 to read asfollows: Section 108.4 Violation penalties. The specIfied offense shall be a, "misdemeanor". The amount shall be, "$1,000 00" The number of days shall be, "90". Change specified items in section 108.5 to read asfollows: - Section 108.5 Stop work orders. Mimmum amount shall be, "$100.00" Maximum amount shall be, "$1,000.00" CHAPTER 4 GAS PIPING INSTALLATIONS Add section 401.1.2 to read as follows: Section 401.1.2 Underground Installation Gas servIce lines shall be separated by 5 feet of undisturbed or compacted earth from other service lines such as water, sewer, electnc Exception. 1. The reqUIred separation dIstance shall not apply within the first five feet of the foundation. REFERENCED STANDARDS TO BE ADOPTED INTO THE 2003 INTERNATIONAL FUEL GAS CODE: 37 APPENDIX B- SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPTED WITH DRAFT HOODS, CATEGORY I APPLIANCES, AND APPLIANCES LISTED FOR USE AND TYPE B VENTS (IFGS) APPENDIX C- EXIT TERMINALS OF MECHANICAL DRAFT AND DlRECT- VENT VENTING SYSTEMS (IFGS) APPENDIX D- RECCOMMENDED PROCEDURE FOR SAFETY INSPECTION OF AN EXISTING APPLIANCE INSTALLATION (IFGS) Section 9. 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 ordmance IS necessary for the preservatIOn of health and safety and for the protection of public convemence and welfare The City CouncIl further determmes that the ordmance bears a rational relatIOn to the proper legislative object sought to be attamed. Section 10. Severability. If any clause, sentence, paragraph, or part of this Zonmg 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 11. 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 12 ThIS ordinance shall take effect l5 days after final publication. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of 8 to ~ on thIS ~ day of November ,2004, ordered published m full in a newspaper of general circulation m the City of Wheat Ridge and Public Hearing and consIderatIOn on final passage set for December 13 ,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 38 SIGNED by the Mayor on this _ day of .2004 GRETCHEN CERVENY, MAYOR ATTEST Pamela Y Anderson, City Clerk APPROVED AS TO FORM BY ClTY ATTORNEY GERALD DAHL, CITY ATTORNEY - 1 st PublicatIOn. November 11, 2004 2nd Publication. Wheat RIdge Transcnpt EffectIve Date' e' \planning\forms\ord.frm 39 ITEM NO: t-r, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 13, 2004 TITLE: COUNCIL BILL 24-2004 - AN ORDINANCE AMENDING CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE SALES AND USE TAX [gJ PUBLIC HEARING o BlDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: ) [gJ ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes [gJ No City~CA-) ~ EXECUTIVE SUMMARY: - At the regular general election held on November 2, 2004, the electorate of the City approved an increase in the sales and use tax levied by the City to three (3) percent; therefore, it is necessary to amend the Code of Laws to implement this electoral decision. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: Shortly after the City incorporated in 1969, a 1 percent sales and use tax was approved by the voters of the CIty Again in 1975, the voters approved an increase to the sales and use tax rate by 1 percent. The City's current sales and use tax rate is 2 percent. On November 2,2004, the electorate approved an increase in the sales and use tax levied by the City to 3 percent by a vote of 59 percent for the tax increase to 41 percent against the tax increase. The increase will become effective January 1,2005. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: Based on estimated sales and use tax revenues for fiscal year 2004, a 1 percent increase in the sales and use tax rate would generate $5.9 million. RECOMMENDED MOTION: "I move to approve Council Bill 24-2004, an Ordmance amending Chapter 22 of the Wheat Ridge Code of Laws concerning the sales and use tax, on second reading, and that it take effect January l, 2005." or, "I move to indefinitely table Council Bill 24-2004 for the following reason(s) " Initiated by' Report Prepared by: Reviewed by: Gerald Dahl, City Attorney Patrick Goff, Director of Administrative ServIces Randy Young, City Manager Attachments: 1 Council Bill 24-2004 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ADAMS Council Bill No. ~ Ordinance No. \1; Series of 2004 TITLE' AN ORDINANCE AMENDING CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE SALES AND USE TAX WHEREAS, at the regular general election held on November 2, 2004, the electorate of the City approved an increase in the sales and use tax levied by the City to three (3) percent; and WHEREAS, it is necessary to amend the Code of Laws to implement this electoral decision. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sales Tax. Section 22-56(a) of the Wheat Ridge Code of Laws is amended to read: Sec. 22-56 Schedule. (a) There is hereby imposed a sales tax on all sales and services not specifically exempted in sections 22-56 or 22-58, in the amount of two (2) THREE (3) percent of the purchase price. The city considers each and every sale within the city to be taxable, unless the same is specifically exempted by this chapter. In order to avoid fractions of pennies, the following brackets shall be applicable to all taxable transactions: (1) ON SALES AMOUNTING TO LESS THAN NINETEEN CENTS ($0.19), NO TAX; (2) On sales amounting to nineteen cents ($0.19) to and including oighty four conte ($ 0.8'\ I FIFTY -ONE CENTS ($0.51) a tax of one cent ($0.01); (3) ON SALES AMOUNTING TO FIFTY-TWO CENTS ($0.52) TO AND INCLUDING EIGHTY-FOUR CENTS ($0.84) A TAX OF TWO CENTS ($0.02); GEO\53027\489149 1 ATTACHMENT 1 / (4) On ~ales ~mounting to eighty-five cents ($0.85) to and mcludmg one dollar and eighteen conte ($1 18) ($1.00) a tax of !we THREE cents ($0.02) ($0.03): (5) On sales in excess of one dollar ($1 00), the tax shall be two cente ($0.02) THREE CENTS ($0.03) on each full dollar of the sales price, plus the tax shown on the above schedule for the applicable fractional part of a dollar of each such sale price. Section 2. Use Tax. Section 22-66(a) of the Wheat Ridge Code of Laws is amended to read: Sec. 22-66 Property subject to tax. (a) General intent; filing of return required. It is hereby declared to be the legislative purpose and intent of the city council that for the purposes of this article every person who, on and after the effective date of this chapter, stores, uses, distributes, consumes or receives a grant of a license to use within the city any article of tangible personal property purchased at retail, and not stored or distributed in the normal function of wholesaling, is exercising a taxable privilege and shall be taxed therefor in the amount of two (2) THREE (3) percent of the purchase price It is hereby declared that every resident of the city or any person doing business within the city who purchases, leases or receives a grant of a license to use tangible personal property for use, storage or consumption within the city from sources outside the city and taxable hereunder, and who has not paid the city sales tax imposed by this chapter, shall make an application, file a return, and pay the tax to the city The use, storage, or consumption of tangible personal property includes, for the purpose of this chapter, materials, commodities and items of tangible personal property affixed to, or made a part of, facilities and structures on real property owned or leased within the city Section 3. Any reference in the Wheat Ridge Code of Laws to the (former) two (2) percent sales and use tax is hereby amended to refer to the (current) three (3) percent sales and use tax. GED\53027\489149 1 2 Section 4. 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 5. Effective Date This Ordinance shall take effect on January 1, 2005, as permitted by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to o on this 22 day of November , 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 December 13. 2004 , 2004, at 7'00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2004 SIGNED by the Mayor on this day of ,2004 - Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication November 25. 2004 Second Publication: Wheat Ridge Transcript Effective Date GED\53027\489149.1 3 , ,"HE4>~ ~'" ;- " '0 - " o m YI ITEM NO: 5, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE December 13, 2004 TITLE: REQUEST FOR THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW FOR A DOG DAY CARE FACILITY ON A-2 (AGRICUL TURAL TWO) ZONED PROPERTY LOCATED AT 4322 & 4330 XENON STREET (SUP-04-05/GROSSE) [gJ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING QuasI-JudiCIal: k8J D Yes No j6~^ aiL Commumty Development DIrector Clt~~ - EXECUTIVE SUMMARY: Kent and Meg Grosse are requestmg approval of a special use permit to allow for a dog day care facilIty at 4322 and 4330 Xenon Street. The property IS currently zoned A-2 (Agncultural Two). The proposed use, whIle not specIfically Identified as a dog kennel, has been determmed to have Similar charactenstJcs of a dog kennel. Dog kennels require a special use permIt to operate on property zoned A-2. The Code of Laws specifies that a special use permIt shall be revIewed admmlstratively for a penod often days. Dunng thIS ten day penod, the public is gIven an opportumty to submIt wntten objections regarding the request. If any relevant obJections are receIved, or If the Commumty Development DIrector does not approve the request, the application must be forwarded to CIty Council for review at a public heanng. The Community Development Department did receive one relevant objectIOn dunng thIS period; therefore the request has been forwarded to City Council. STATEMENT OFTHE ISSUES: A neIghborhood meeting was held on October 22, 2004 in whIch all property owners within 600 feet were given the opportunity to discuss the application. Expressed concerns included the potentIal for nOIse generated; increased traffic, and the status of the property If the specIal use permit was approved and the property was sold, or the applicant dlscontmued the business. Staff recommends that condItions of approval be m place to mmlmlze these concerns. There IS a sImilar use located m the ImmedIate vlclmty at 4219 Xenon Street. This partIcular bus mess was classIfied as a legal nonconformmg use m May of 2003 based on the hlstoncal use of the property, therefore a special use permit was not reqUIred for Its operatIOn. The property owners of 4219 Xenon Street are the mdlvlduals that submItted the letter of objectIOn mcluded as Exhibit 3 m the staffreport. A petitIon m support of thIs request has been SIgned by 16 mdlvlduals representmg 18 dIfferent propertIes m the ImmedIate vlcmlty of the request. ThIS petition speCIfies that these mdlvlduals are aware of the scope of the operatIOn and have no opposition. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: The CIty has receIved a one-tIme application fee for the land use applicatIOn. When renovation ofthe eXlstmg structures occurs, the CIty will receive a one-time bUlldmg permIt fee for all work requinng a permIt. The City would receIve any sales tax from retail sales that occur on the property. RECOMMENDED MOTIONS: - Option A: "I move to approve Case No. SUP-04-05, a request for approval of a speCIal use permIt to allow for a dog day care facilIty located at 4322 and 4330 Xenon Street, for the following reasons: The dog day care facility will create mlmmallmpacts upon the general health, welfare, safety and convemence of persons resldmg or workmg m the neIghborhood of the proposed use. 2. The dog day care facilIty will not create nor contribute to blight m the neIghborhood by virtue of physIcal or operational characteristIcs of the proposed use. 3 The Impacts of the dog day care faCIlity can be mmlmlzed by staffs recommended condItIOns of approval. 4. The approval of the dog day care faCIlity will proVIde an mcentive to occupy and rehabilitate vacant and relatively unmamtamed property." With the followmg conditions: 1. The property shall be utilized in accordance WIth ExhibIt 1 (Letter of RequesUOperational Description) and ExhibIt 2, (Site Plan). 2. All outsIde dog runs shall be surrounded by a SIX foot solid fence so that the mtenor of the outsIde dog run IS not vIsible from public streets or adjacent propertIes. 3. There shall be no overnight boarding of any of the dogs. 4. There shall be no selling of any ammals on the premIses. 5 Busmess hours shall be between 7 a.m. and 9 p.m. Monday through Saturday 6. MultIple documented complamts about barkmg dogs shall be grounds for mvokmg the enforcement procedures of SectIOn 26-114 (F) of the Code of Laws. 7 The applicants shall file a consohdatJon plat for the propertIes located at 4322 and 4330 Xenon WIth the Commumty Development Department WIthin one month of approval of the special use permIt. 8. The grant of use shall be a personal grant to the applicant and may not be inhented." OR OptIOn B "I move to deny Case No. SUP-04-05, a request for approval of a special use permIt to allow for a dog day care facilIty located at 4322 and 4330 Xenon Street, for the followmg reasons. 1. - Report Prepared by' Jeff Hlrt, 303-235-2845 RevIewed by' Meredith Reckert, 303-235-2848 Attachments: 1. City Council staff report (With exhibits) ATTACHMENT CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' CIty Council CASE MANAGER. JeffHirt CASE NO. & NAME SUP-04-05/Grosse DATE OF MEETING Oecember 13,2004 ACTION REQUESTED' Approval of a special use penml to allow for a dog day care facility located at 4322 and 4330 Xenon Street on property zoned Agricultural Two (A-2) LOCATION OF REQUEST 4322-4330 Xenon Street APPLICANT (S): Kent and Meg Grosse OWNER (S): Ralph A. Oeoria Mantal Trust APPROXIMATE AREA. 50,275 square feet (1 15 acres) PRESENT ZOI''lNG Agricultural-Two (A-2) COMPREHENSIVE PLAN Smgle Family Detached ReSIdentIal (Not to exceed 4 du's per acre) ENTER INTO RECORD: - (X) (X) (X) CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENT A TION Location Map ~ 8 .. N o ~ ~ C-1 ~ ~ m ~ .. PCD ~ ~ ~ .. R-2 ~ :!: .. Subject Parcels R-1 A-2 ~ Z ;; 0 A-2 .. z N W N ><~ .. .. :!: 0 N q M ~ ~ .. .. City Council Case SI:P~4~5/Gros.. ATTACHMENT 1 1 Jurisdiction All notlfication and postmg requirements have been met; therefore, there IS junsdlctlOn to hear thIS case. I. REQUEST The apphcant IS requestmg approval of a special use permIt to allow for a dog day care facility (ExhibIt I, Letter of RequestJOperatIonal Descnption). The properties are zoned Agricultural Two (A-2). While the proposed busmess has not been identified speCIfically as a dog kennel, it has been determined that It will have the same characteristIcs as a dog kennel, WhICh reqUIres a speCIal use permIt to operate m the A-2 zone distnct. There are no phYSIcal changes proposed to the property WIth the exceptIon of fencmg Improvements as the apphcant mtends to use the eXlstmg structures and paved area (ExhibIt 2, Site Plan). The apphcant has submitted all of the Items required to apply for a special use permIt pursuant to SectIOn 26- 114 of the Zonmg and Development Code. II. CASE ANALYSIS The propertIes m question are located at 4322 and 4330 Xenon Street and together are 50.275 square feet, or approxImately I 15 acres. The Code of Laws states that a specIal use permit shall be reviewed administratIVely for a penod of ten days. During this ten day penod, the publIc IS given an opportumty to submIt written obJectIons regardmg the request. If any relevant obJectlOns are received, or If the Community Development Director does not approve the request, the applicatIon must be forwarded to CIty Council for conSIderation and deCISIon. The Commumty Development Department dId receIve one relevant objection dunng thIS penod (ExhibIt 3, Letter of Objection); therefore the request has been forwarded to City Council. The applicant subsequently responded to this letter of objectIOn in writing (Exhibit 4, ApplIcant Response Letter). A neighborhood meetmg was held on October 22, 2004 m which all property owners within 600 feet were gIven the opportunity to discuss the applicatIOn (ExhibIt 5, NeIghborhood Meetmg Summary, ExhibIt 6, NeIghborhood Meetmg SIgn Up Sheet). Expressed concems included the potentIal for noise generated, increased traffic, and the status of the property if the speCIal use permIt was approved and the property was sold, or the apphcant discontinued the business. The Code of Laws specifies that any property zoned A-2 that IS less than one acre in size may only be used for residentIal purposes. The property that will encompass the majority of the use at 4322 Xenon has been determined to be approximately .99 acres. If approved for the speCIal use perrmt it is the intention of the applicant to consohdate 4322 Xenon WIth the property Immediately to the north, 4330 Xenon, to mcrease the size of the property to exceed one acre to make the use allowable. ConsolIdatIon plats that do not reqUIre dedicatIOn ofpubhc right-of-way can be approved administratively WIthout a public hearing. Staff has received a petItion m support of this request that has been signed by 16 indIviduals representing 18 dIfferent properties m the Immediate VIcinity (ExhibIt 7, Petition). This petitIOn speCIfies that these individuals are aware of the scope of the operatIOn and have no opposition. The applicant will be required to obtain a kennel license through the City m order to operate the business if approved for the speCIal use permit. City Council Case Sl'P-04-OS/Grosse 2 There is a sImilar use located m the immedIate vlcimty at 4219 Xenon Street. This particular busmess was classIfied as a legal nonconforming use m May of 2003 based on the hlstoncal use of the property, therefore a specIal use permIt was not reqUlred for ItS operation. An attomey representmg the property owners of 4219 Xenon Street submItted the letter of objection mcluded as Exhibit 3 III. AGENCY REFERRALS The proposal was referred to all of the necessary outSIde agencIes mcludmg water, fire and sewer dlstncts, Xcel Energy, Qwest, Wheat Ridge Post Office. Police, Public Works, and the Buildmg DIVISIOn. No comments were receIved m response to thIS apphcation. IV. SITE PLAN REVIEW A sIte plan has been submItted for review The sIte plan shows the location of the eXlstmg buildmgs to be utilized, what they are to be utilized for, and proposed parkmg. The Code of Laws specifies that no outside dog runs can be closer than 25 feet to SIde and rear property lines. The sIte plan shows the locatIOn of the outSIde dog area to be m compliance with this requirement. The site plan also shows that the outside dog area is to be surrounded by a SIX foot privacy fence. All development standards for landscaping and parkmg have been met. V. SPECIAL USE PER'\1IT REVIEW Staff has the followmg comments regardmg the cntena used to evaluate a specIal use permit request: Per the Code of Laws Sec. 26-114 (D) before a speCIal use permIt IS approved, the apphcant shall show. and the community development dIrector or city council shall find, the proposed speCIal use' - 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. The effects of the dog day care facility should not have severe adverse effects on the health, welfare, and safety of the neighborhood. There will be an mcrease m traffic m the area that may have slight effects on the safety and convenience of the neighborhood. Xenon Street meets the CIty's current standards for nght-of-way WIdth. 2. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. The proposed dog day care facility will not likely contribute to blight m the neIghborhood. Both properties, and the structures on these propertIes, are vacant and relatively unmamtamed. Approval of the request will result m occupIed properties and rehabihtation and maintenance of the premIses. 3. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. The proposed dog day care facihty should not affect the adequate lIght and aIr, nor cause signIficant aIr pollution. The busmess may cause noise pollutIOn with the dogs on the premises. The applicant has expressed that measures will be taken to alleVIate this speCIfic concern, which are addressed in staffs recommended conditions with the request. 4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The request will result in an increase m traffic in the area, primarily dunng rush hours whIch are when the majonty of clients drop off and pIck up their pets. All of the CIty'S parking requirements have been City Council Case Sl~P~~5/Grosse 3 met. There should not be any intemal traffic conflicts gIven the scale of the proposed use. There should not be any loadmg or servIce conflicts to the detriment of persons whether on or off the site. 5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The applicant IS proposing to utilIze the eXlstmg buildings WIth no addItIons or any new buildmgs. The proposed dog day care facihty will conform to all development standards m the A-2 zone distnct for nonreSIdential uses. Notably. the Code of Laws specIfies that any outsIde dog areas for thIS use must be at least 25 feet from SIde or rear property lines adjacent to reSIdentIally zoned or used propertIes. 6. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. The proposed use will not overburden the capacities of eXlstmg streets, utilitIes. parks, schools or other public facilities and services. Xenon Street meets the CIty'S current standards for f1ght-of-way width and was overlaid by the City in 2002. All of the necessary agencIes for public facihtIes and utilities were notified of this request and no comments were received. 7. History of compliance by the applicant with Code requirements and prior conditions, if any, regarding the subject property. The applicants have no hIstory of compliance or noncompliance with the City of Wheat RIdge code reqUIrements. A portion the subject property was preVIOusly used as a greenhouse, and IS currently vacant. 8. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. If conditions of an approved speCIal use permit are VIOlated, the permIt can be revoked. 9. Other factors relevant to the specific application. There are no other relevant factors. VI. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed dog day care facility will have an impact on the surroundmg area; however some of those Impacts can be minimized through conditions placed on the approval. Staff recommends that several conditIOns be placed on the approval to ensure the Impacts of the proposed use are mimmlZed. Approval of the speCIal use permIt would provide an incentIve to occupy, rehabihtate and maintam vacant and relatIvely unmaintamed property Therefore, staff recommends APPROVAL of Case No. SUP-04-05 with condItions as Itemized in SectIon VII. VII. RECOMMENDED MOTIONS OptIOn A: "I move to approve Case No. SUP-04-05, a request for approval of a special use permit to allow for a dog day care facihty located at 4322 and 4330 Xenon Street, for the following reasons: The dog day care facility will create mlmmallmpacts upon the general health, welfare, safety and convenience of persons residing or workmg m the neighborhood of the proposed use. City Council Cas. Sl'P~4~S/Grosse 4 2. The dog day care facihty will not create nor contribute to blight m the neIghborhood by vIrtue of phYSIcal or operatIOnal characterIstics of the proposed use. 3 The Impacts of the dog day care facility can be mmlmlzed by staffs recommended condItIOns of approval. 4 The approval of the dog day care facihty will proVIde an mcentlve to occupy and rehabIlitate vacant and relatively unmamtamed property " With the followmg condItions: The property shall be utihzed m accordance WIth ExhibIt 1 (Letter of RequestlOperatlOnal DeSCrIption) and ExhibIt 2, (SIte Plan). 2. All outSIde dog runs shall be surrounded by a six foot sohd fence so that the interIor of the outSIde dog run IS not visible from pubhc streets or adJacent propertIes. 3 There shall be no overnight boardmg of any of the dogs. 4 There shall be no selhng of any ammals on the premises. 5 Business hours shall be between 7 a.ill. and 9 p.m. Monday through Saturday 6 Multiple documented complaints about barking dogs shall be grounds for mvoking Ihe enforcement procedures of Section 26-114 (F) of the Code of Laws. 7 The apphcants shall file a consolidatIon plat for the properties located at 4322 and 4330 Xenon WIth the Commumty Development Department withm one month of approval of the special use permIt. 8 The grant of use shall be a personal grant to the applicant and may not be mherited." OR Option B "I movc to dcny Casc No. SUP-04-05, a request for approval of a special use permIt to allow for a dog day care facility located at 4322 and 4330 Xenon Street, for the followmg reasons. - City Council Case SlTP-04-05/Grosse 5 EXHIBIT 1 To Whom It May Concern: We are currently lookmg at purchasmg the property located at 4322 and 4330 Xenon St. These properties are a combmed one and l!l6t acres in sIze and are currently zoned A-2. Once purchased, we would like to open a Doggie-Daycare/Grooming facility We will not be doing any over mght boarding, and we will not be breeding or sellmg any type of anImal. All ammals that come to this facility will be dropped off and picked up in the same day. First let us give you some background on us. Kent is a Fire Fighter and has worked for West Metro Fire for over 6 years. Meg has been a Certified Vet Tech (a puppy nurse) for more than 8 years. About three years ago. after 5 years ofworkmg in Vet clinics. Meg deCIded to pursue different avenues of pet care. As a result we managed and eventually bought into a boardingldaycare facility in Arvada. During our time at this facility we did not have one single complaint from neighbors. We believe this was due to our open communications with our neighbors as well as the manner m which we ran the busmess Itself. After two and one half successful years our business partner bought us out. As a result, we have decided to open our own new location on a much smaller scale. We have no children, but we have three wonderful four legged "kids" (2 Golden Retrievers and an English MastIff). - As for our business, doggie-daycare IS a growing niche in the pet care field. This busmess runs much like a cillld daycare In that dog owners drop their dogs off in the morning and pick them up in the evening. This allows the dogs to socialize with other dogs, play and meet new friends. At the same time it allows dog owners a place to leave their dogs while they are away for the day. Many dogs that are high energy or have separatIOn anxiety tend to tear things up at home when left alone. This type of facility gIVes dog owners an option. Each dog goes through an interview process, which allows us to weed out aggressive, and anti-social dogs. Pet grooming is a field of pet care that is in constant demand. Once again, all pets will be dropped off and picked up on the same day. Pets receiving a bath, nail trim and/or hair trim will, in most cases, be done within a couple of hours. These animals will be kept mdoors at all times with the exception of potty walks. During these walks, all waste will be picked up and disposed of immediately. These animals will be kept separate from the dogs in doggie-daycare, and will thereby not create any additional noise. Pet supplies, such as food and toys, are extremely competitive. We intend to carry food geared toward our doggie-daycare and grooming clients. Additionally, we intend to carry unique supplies and gift items you don't find in most pet stores. Most of the sales from this aspect of our business will be from existing clients and will not create a great deal of additional traffic. At this pomt we would like to speCifically address the criteria used to rule on Special Use Permit applications. _ :;EF EX H r (3" T 4 EXHIBIT 1 EXHIBIT 2 ~t.mtIng BuIk1tnQ ~ !!'~~:::::J ~~@t:::J !~~~ence_J ~~ven~~__ Il:JaStIOg f-enoe f &81 Tree ~ Bush ~ - 96 II. W htS1 IBlBIBI IBI 1-45.2 II 20011. r---- __m_--'propoSe(r~;;.;ce_.m__-: ! 50 II : \ UPnv~ \ \ i \85 II \ . . . . . . . . . ' , ' . ' , ' . ' , ' , ' . . , ' , ' , . . ' . ' . ' , . . . ~---~---- 25ft. .211. 25ft. 221.2 II Xenon St EXHIBIT 2 IBl8I8lHIBlBI 29611. . - T - .'/'a;.;,c"" ~aik~..; I I I I I I I I I I I I I . I . I ""'I T-----. I r-----. I T-----. I t-----. I t------. I 1.-----. 1251L . I . 3511 ..-...-..--....-..-...-..... NOV-19-2~e4 11:23 AM EXHIBIT 3 P.02 SANDERSON & AssOCIATES, P.C. ATl"ORNIlYS AT LAW 150 ARAI'AHOIl A VIlNUIl SUITE 102 IOUl.DI!Jl, COI.DltADO 1030:1 303...........1<16 TOLL FUll 177-622.9011 ttJSltliUlUw ClJWlNAl... DBPBNA f A>4ll. Y LAW IJr(JUJ. y c....61 November 19, 2004 VIA FAX AND MAIL Alan White, Planning Director Wheat Ridge Municipal Building 7500 W 29U1 Ave. Wheat Ridge, CO 80033 Phone' 303-235-2846 Fax: 303-235-2857 - Re: Case;; SUP-04-03 Special Use Permit for 4322 & 4330 Xenon Street (proposed new dog kennel) Dear Mr White. Please be advised that we represent Mr Bruce Miller and Mr Andrew MacArthur, residing at 4219 Xenon Street in the city of Wheat Ridge. Let this letter serve as their written objection, pursuant to Wheat Ridge Municipal Code ~ 26-114, to the proposed Special Use Permit referred to above. Mr. Miller and Mr MacArthur reside within six-hundred feet of the property for which the special use permit is proposed. The proposed special use fails to meet the criteria for review set forth in Wheat Ridge Municipal Code ~ 26-1 14(D), as follows: 1 The propo,ed use will have a detrimental effect upon the general health, welfare, lafety and convenience of the penonl1"H1dinl or working in tbe neighborhood of the propoled use. The proposed special use significantly will add to the volume oftrafiic on Xenon Street, 4204 Street, and 44" Street. The applicants estimate that they will attract upwards of fifty cars per day, twice per day This traffic increase will occur primarily in the morning and evening hours before and after work. The applicants estimate that nearly half their clients will car pool, thus limiting the increase in traffic. This car pool estimate is overly optimistic on its face. In addition to the unrealistic estimate on the increase in traffic, the applicants fail to EXHIBIT 3 NOV-19-2004 11:23 AM P.03 mention several considerations. First, in 2005 the city of Wheat Ridge plans to construct the Wheat Ridie Head Start Center on 42'" street, near the comer of 428411 and Xenon. This center will be located within 300 yards of the proposed special use pennit. The center will increase the automobile traffic in the area at the same time as the Increase due to the applicants' proposed business. Additionally, the center greatly will add to the number of children located in the vicinity, thus making current traffic levels potentially more hazardous and increasing the danger of additional traffic. Second, the applicants fail to mention that Xenon Street is a narrow residential street without marked lanes, thus further increasing the traffic congestion. 2. The proposed special u.e will callie .ignificant noise pollution. The applicants state that the proposed special use permit will increase the noise attributed to barlcing dogs in the area. It should be pointed out that Mr Miller and Mr. MacArthur also operate a kennel-like business, and have experience with the other residents of Xenon Street. Specifically, residents have expressed dissatisfaction in the past regarding the noise allegedly created by their kennel Several of these residents would be located directly between the two kennels, compounding any barking dog noise problems. Additionally, any noise problems created by the proposed special use unfairly may be attributed to Mr Miller and Mr MacArthur's kennel. 3. The propo.ed use will reJult in undue traffic congestion or traffic hazard. to the detriment of the penon. in the neighborhood. Please see sectlon 1 above 4. The proposed use will overburden the capacitieJ of the existing streetJ. Please see section 1 above. S. The desisn. indudin,letbacks. heigbu, parkinl. bulk, bufferiDI. screeninl. aad IAnd,capfnl may not be In harmony and compatible witb the character of the surrounding area. and neighborhood, especially with adjacent properties. The site development plan prepared by the applicants does not meet the requirements of Wheat Ridge Municipal Code 0 26-111 (C). Namely, there apparently is no vicinity map, no legal description ofthe site matching the certified survey, no signed surveyor's certificate, no date of map preparation and name and address of person who prepared map, as well as several other misaing regulatory requirements. These deficiencies seemingly prevent an accurate assessment of whether the proposed special use is appropriately designed and compatible with the character of the neighborhood. In any event, based on the above, Mesm. Miller and MacArthur maintain the special use is inharmonious and otherwise incompatible. It should also be noted that Wheat Ridge Municipal Code ~ 26-1 14(CX 1) requires that in cases where the prospective owner of the special use is not the fee owner of the property, written approval of the fee owner must be obtained. It does not appear that such written approval has been obtained from the current fee owner of the property 2 NOV-~9-2004 11:24 AM P.04 ... ... ... Our understanding is that, pursuant to Wheat Ridge Municipal Code ~ 26-1 14(C)( 5)( e), upon receipt of this ","tten objection, the community development director shall fOlWard the request for special use pennit to the city council for public hearing. At that time, pursuant to Wheat Ridge Municipal Code ~ 26-109, notice of such hearing will be provided to Mr Miller, Mr. MacArthur, and other residents within the area under consideration, at least fifteen days prior to the hearing. Kindly send notice of same also to me at the address above. Thank you for your consideration. Please call ifl can further assist you in any way, or if you require additIonal information. Sincerely, Ml,v-:-'-1 S S~""\ro---!c~~ David S Sanderson ce. Messrs. Miller and MacArthur - 3 EXHIBIT 4 December 1,2004 Alan White, Planning Director Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge. CO 80033 Phone: 303-235-2846 Fax: 303-235-2857 Re: Case # SUP-04-05 Special Uses Permit for 4322 & 4330 Xenon Street (proposed new dog kennel) Dear Mr. White: This letter is in response to the letter submitted by David S. Sanderson, on behalf of Mr. Bruce Miller and Mr. Andrew MacArthur, residing at 4219 Xenon Street. We would like to take this opportunity to address the matters raised by Messrs. Miller and MacArthur's lawyer. - The proposed use will not have a detrimental effect upon the general health, welfare, safety and convenience of the persons residing or working in the neighborhood of the proposed use. The proposed special use will not significantly add to the volume of traffic on Xenon Street, 420d Avenue, or 44th Avenue. The majority of clients for dog daycare, grooming and supplies utilize a business that is convenient for their every day routines, such as on the way to and from work. In other words, many of these clients already live in or near the area and use 44th Avenue in their daily driving. Consequently, our business will not add a significant amount of traffic to 44th Avenue. Additionally, many clients that utilize 44th Avenue will simply use the north end of Xenon to access the business and thereby minimize any impact on 420d Avenue. Further, to clarify our estimates for traffic volume, such estimates are based upon multiple factors, not merely clients that wish to carpool. We are confident that Mr. Miller and Mr. MacArthur will agree that many dog owners have multiple dogs and that dog owners tend to utilize multiple services from one business. It is important to note that Mr. Miller and Mr. MacArthur operate a business that offers overnight boarding, dog daycare, training, grooming, and pet supplies. Our experience, and we imagine that Mr. Miller and Mr. MacArthur's experience as well, has been that many clients utilize more than one of the offered services and often on the same visit. For example, we anticipate that our clients will utilize our dog daycare service and our grooming service on the same day. Further, we have several clients that know each other, live close to each other, and have expressed an interest in carpooling. We took all of these factors into consideration when estimating the impact on traffic within the neighborhood. Our estimate is based on our knowledge of our clients as well as the nature of our business. For these reasons we feel that our estimate is not overly optimistic. EXHIBIT 4 Contrary to the implication made by Mr. Miller and Mr. MacArthur's lawyer III his letter of November 19, 2004, we are aware of the plans for the Wheat Ridge Head Start Center. Although we have not personally seen the plans for the actual building, we are confident that the City of Wheat Ridge will provide adequate off- street parking so that children being dropped off or picked up will not be wandering unattended in the street. In order to increase awareness and a sense of caution regarding the Head Start Center, we will educate our clients about the center and encourage them to be extra mindful of children in the area. AdditIOnally, we will encourage all businesses in the area, including Mr Miller's and Mr. MacArthur's business, to do the same. While It is true that Xenon Street has no marked lanes, one can readily see by reviewing the Improvement Location Certificate submitted with our application that Xenon Street is 50 feet wide, more than 4 times as wide as Wright Street (12 feet). Additionally, as provided in our application, we will provide off-street parking for our business clients. 2. The proposed special use will not cause significant noise poUution. Our application states that we will take several steps to minimize noise due to dogs barking. Although there are similanties in our proposed business and the business currently operated by Mr. Miller and Mr. MacArthur, we believe there are many differences as welL First, our basic philosophy and methods of how to run a dog daycare differ significantly from that employed by Messrs. Miller and MacArthur. Our methods have proven to be very effective in minimizing mstances of constant dog barking. Dunng conversations with Mr. Miller we were told that the dogs that attend their daycare are "separated by size and temperament." These "similar" dogs are placed together in cages to play and have minimal human interaction and, therefore, are much more likely to bark at each other, at dogs in other cages, and at outside distractions. In contrast to the method employed by Miller/MacArthur, dogs under our care have constant human supervision. This allows us to cut down on any barking by diverting the dogs' attention to other activities and to stop any aggression as it occurs. Additionally, every dog under our care is required to have an interview prior to playing at our facility. This allows us to prevent any dog with aggression problems or barking problems from attending daycare. Simply put, any dog that has a barking problem is not allowed at our facility. Also, most of our clients will utilize the dog daycare on multiple days with the result being that their dogs get to know other dogs and learn to play together very well. - Additionally, as you can see by the petition we have submitted, those residents tha! would be most affected by our business based on proximIty have expressed theIr support for approval of our Special Use Permit application. 3. The proposed use will not result in undue traffic congestion or traffic hazards to the detriment of the persons in the neighborhood. Please see paragraph 1 above. 4 The proposed use will not overburden the capacities of the existing streets. Please see parab'Taph 1 above 5. The design, including setbacks, heights, parking, bulk, buffering, screening, and landscaping, will be in harmony and compatible with the character, of the surrounding areas and neighborhood, especially with adjacent properties. The site development plan meets the reqUIrements of the Wheat Ridge MunicIpal Code 26-111. All aspects are on file with the Planning and Zoning Commission. Furthermore, according to the Plannmg staff, our application is m compliance with all requirements. If this were not the case we would not have gotten to this stage in the application process. Again, contrary to the objection letter, written approval of the fee owner of the subject properties IS on file with the Planning and Zomng Commission. - Finally, we believe that the true motivation for the objectIons filed by the lawyer representlllg Mr. Miller and Mr MacArthur IS that they are threatened by the competition that our proposed business represents to their existing business. It should be noted that during a conversation with Mr. Miller we suggested that we could potentially help each other build our prospective businesses. That is, because our business does not offer overnIght boarding facilities, our clients frequently ask us which boardlllg faCIlities we recommend. Given the location of the facility operated by Messrs. Miller and MacArthur, it seemed natural to recommend their facility We were told that Mr. Miller and Mr MacArthur didn't "need our business." It is also Important to note that, other than the objection filed by this competing business, no other objection to our Special Use Permit applicatIOn was filed by the neIghbors. We feel confident that the Planning and Zonmg commission will recommend approval of our SpeCial Use Permit application and feel that should bear great weight upon the final decision of the City Council. Thank you for your consideration. Please feel free to call If we can be of further assistance or if you reqUIre additIOnal mformation. Slllcerely, , II ;' / '\ 1 V, \ - '"'' -0 ~ L 'c}'--"--/ vf ~ , I , ent and Meg Grosse 303-913-1678 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 EXHIBIT 5 The City of Wheat Ridge Date: October 22, 2004 City Staff Present: MeredIth Reckert, Jeff Hirt Location of meeting: CIty hall, second floor glass conference room Property address: 4322 and 4330 Xenon Street Property owner(s): Property Owner(s) present? Applicant: Kent and Meg Grosse - Existing Zoning: Agnculture-Two (A-2) Comp Plan Designation: Smgle Family Detached ResIdentIal (Not to exceed four dwelling umts per acre) Existing Use/site conditions: The property at 4330 Xenon contallls 7,296 square feet and has a single-farruly residence on it. The property at 4322 Xenon has three structures (a house, a five-car garage and an additional outbuilding) on It and IS Just under an acre m size It previously had greenhouses on It, whIch were destroyed in the blizzard of 2002. Applicant's Proposal: The apphcants proposed to use the properties for a dog day care faCIlity The three buildings on 4322 Xenon WIll be used for separate purposes. One is to be for the daycare portion, one for storage, and one for grooming and pet supplies that will be sold. The home on 4330 Xenon WIll be used as a reSIdence. There IS to be a fenced-Ill area m the rear of the property for the dogs to be outsIde The applicants wIll consohdate the two properties, as 4322 Xenon IS Just under one acre m size. Issues Discussed: . What is dog daycare? . Why is thIS classIfied as a kennel? . How many dogs would be at the facIlIty each day? About 30 . What would your hours be? They will be similar to 0pical business hours during the week. On the weekend, they may be open on Saturday mornings. . How do you transport the dogs from the car to the facility? Dogs must be leashed coming to EXHIBIT 5 and from the facIlity A leash 'which is kept at the facility so the dogs are on a leash v. hen they leave as well. · How wIll the potentIal nOlse be dealt with? A solidfence around the outside dog area, and employee supen'ision will cut down on the noise · If thIs IS approved, what WIll the zomng be') Because the process is a special use pemlit, the WIlIng on the property WIll remain A-2 · If the property is sold, does the use remam? Staff has fleXIbility as to how the special use vests. The special use will probably be granted to the applicantlbusiness owner If the property IS sold, the special use expires or the nev. er owner would have to apply for a new pemzit. · Why do the owners want to be located m a residentlal neIghborhood? It is difficult to find property large enough for this l)pe of business in commercial areas. · What will happen to the rest of the property, I e the eastern part? The applicants indicated that zt would remain "as is ". · Will there be adequate parkmg? There is an existing paved area that accommodates about five cars. This is where parking will occur · WIll the houses be used residentIally? The house on the large lot is v. here grooming will occur The northern house may be rented to an employee · The traffic impact to the neIghborhood will be Increased by the busIness, espeCIally when Xenon IS turned Into a cul-de-sac whIch will force all traffic to use W 42nd A venue. · What WIll happen to property values In the neIghborhood? · Is thIS property on septIc and well systems? Both public water and sallItary sewer sen'e the property · How wIll thIS work wIth two established addresses consolidated on one property? 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I'\) ...... ...... ...... <0 co EXHIBIT 7 Petition in favor of Special Use Permit # SUP-04-05, filed by Kent and Meg Grosse, concerning a new Dog Daycare fadlity located at 4322 & ,.330 Xenon St, Wheat Ridge, Colorado 80033. This petition is in reference to the public hearing to te held before the Wheat Ridre Ci~ Council at the Wheat Ridge Municipal Building located at 7500 W. 29th Ave., on Decembu 13 7:00 pm, for consideration of case # SUP-04-05. I hereby acknowledge and certify that I am aware of the Special Use Permit applicltion filed by Kent and: Meg Grosse for the properties located at 4322 and 4330 Xenon St.. Wheat Ridge, Colorado 80033. which concerns the opening of a new Dog Daycare facility I an aware of the scope of operation of this new business. Additionally, I am aware of and have considered the potential impacts this business may have on the neighborhood. I have no objectio!ls to this Special Use Permit and support this petition and approval of case # SUP-04-05. 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CO I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE' December 13,2004 TITLE: 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCA TIONS C8J PUBLIC HEARING D BIDSfMOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date _) D ORDINANCES FOR 21\1}) READING Quasi-Judicial. o Yes [gJ No Clty~~ EXECUTIVE SUMMARY: - The federal government, through the Department of Housing and Urban Development (HUD), makes funds available to commumtles through the Commumty Development Block Grant (CDBG) program. These funds are distributed through the county to partlclpatmg Junsdlctlons or theIr deSignated reCipIent. The natIOnal obJectives of the program are to meet one of the followmg cntena. , ProVIde a benefit to low- and moderate-mcome persons (not less than 70% of funds must be expended for LMI persons), ;- Aid m the preventIon or elimination of slums or blight; and ,. Meet a need haVing a particular urgency. The CDBG program contains two allocatIOns. JunsdlctlOnal and general The junsdlctional allocations represent approximately two-thirds of the available funds and are distributed to the vanous partlclpatmgjurisdlctlons and the county. The percentage of funds awarded to each partlclpatlngjunsdlctlon IS based upon the percentage of the low/moderate Income populatIon m that partlclpatmg junsdlctlon. The general allocations represent approxImately one-third of the available funds and are allocated to a pool for all partIcipating junsdlctlOns to share on a project-by- proJect basiS. The city IS anticipating an award of S 185,000 m junsdlctional allocations for the 2005-2006- program year City Council Meeting - CDBG Allocations December 13,2004 Page 2 Staff has developed recommendatIOns based on requests receIved from the commumty and based on cIty need. The county has revIewed the draft recommendatIOns and IS in agreement; they expect the CommunIty Development AdvIsory Board to approve all recommendatIons by April 2005 Staff IS recommendmg that the full JunsdlctlOnal award be utilized for phase II of the street and pedestnan Improvements of area bounded by 46th Avenue and 1-70, Estes through Carr Streets as reflected in the CapItal Improvement Program budget. In addition, the followmg requests for fundmg have been made' ,. $150,000 in HOME Program funds on behalf of the Wheat RIdge Housmg Authonty COMMISSIONfBOARD RECOMMENDATION: None. ST A TEMENT OF THE ISSUES: Each year, HUD makes funds available to the urban county based on the percentage of low and moderate mcome reSIdents. These funds are deSIgnated mto two types. 1) CommunIty Development Block Grant funds for the purpose ofprovldmg mfrastructure and, 2) CommunIty ServIce Block Grant (CSBG) funds for the purpose ofprovldmg commumty servIces mcludmg those from the non- profit community servIce based organIzatIOns. - Four applicatIOns from non-profit communIty servIce based organIzatIOns were received (Attachment 1) ., Fanuly Tree In the amount of$1 0,000 for their Cnsls HotlIne ProJect. , Volunteers of Amenca Colorado Branch m the amount of$5,250 for theIr Nutntlon Programs for the elderly , Stnde m the amount of$5,000 for their Family Self-SufficIency Program. , Semor Resource Center in the amount of$13,000 for theIr Accessible community-based transportatIOn program. Because Community ServIce Block Grant funds are available for the specific purpose of assIsting the non-profit organIzations and based on limited COSG fundmg, staff IS recommendmg that COSG funds be utilized for theIr mtended purpose of provldmg mfrastructure wIthin the City. In addItIOn, staff was asked to consIder fundmg of the Mlssmg Lmk Sidewalk Program through CDBG funds. Funding of a new program would not increase the amount of funds avaIlable to the CIty. Smce the Mlssmg Lmk Sidewalk Program has not been Identified m the Capital Improvement City Council Meeting ~ CDBG Allocations December 13, 2004 Page 3 Program budget, staff IS recommendmg that fundlllg be utilized for the completion of eXlstmg proJects. ALTERNATIVES CONSIDERED: While HUD allows no more than 15% ofCDBG funds to be used for public servIces, use of the funds m thIs manner IS not the full mtent of HUD The federal government makes separate funds avaIlable for public services through the Commumty ServIce Block Grant program. $267,000 WIll be allocated dunng the 2005-2006 CSBG program year. ServIce agencIes or non-profit commumty service based organIzatIOns meetmg the eligibility standards are mVlted to apply for fundmg (Attachment 2 IS a list of apphcatlOns received by the County for CSBG fundmg). In admmlstenng the CSBG funds, the county venfies proper use of funds as well as agency eligibility. Because there are specific uses for each of the grant programs, CSBG and CDBG fundmg requests are not coordmated. Also, partlclpatmgJunsdlctlons are not part of the CSBG process. ApplicatIOns receIved from the non-profit commumty servIce organIzatIOns will be revIewed for fundmg assIstance through the City Council's outSide agency contributIon process m March 2005 FINANCIAL IMPACT: - The city will receive approxImately $185,000 for street and pedestnan Improvements that will be returned to the Capital Improvement Program Fund. No negatIve financial Impact IS antIcIpated. RECOMMENDED ACTION: "1 move to approve staffs recommendatIOn for use of the City's 2005-2006 CommunIty Development Block Grant (CDBG) award allocatIOn as follows. S 185,000 or full JurisdictIOnal award as estabhshed by HUD for Phase II of the street and pedestnan Improvements of area bounded by 46th A venue and 1-70, Estes through Carr Streets" or, City Council Meeting - CDSG Allocations December 13,2004 Page 4 "I move to award 15% of the junsdictional allocatIOn to the non-profit service agencIes wIth the remaming 85% awarded toward Phase II of the street and pedestnan Improvements of area bounded by 46th A venue and 1-70, Estes through Carr Streets." Report Prepared by: /;, \/~ Barbara Delgadillo, ASSIstant to the CIty Manager (303.235.2806) Ibd Attachments: 1 Non-profit community service fundmg applicatIOns. 2. List of CSBG fundmg requests. 2005-2006 CDBG Recommend.lIons - Jefferson County Community Development 2005 Program Year (June 1, 2005 through May 31,2006) Municipality Proposal for CDBG / HOME Funding PLEASE PROVIDE 1 ORIGI:\AL A:\D 16 COPIE~ Name of Municipality' Familv Tree. Ine Address: 3805 Marshall Street. Wheat Ridge. CO 80033 Contact Person: Brooke Davidson. Managing Director Familv Tree Housing and Famih Sves Phone: 303-467-2604. ext. 729 Fax. 303-422-4928 Email: B Da vldson(a'the fami 1 vtree, org IndIcate what grant you are applYIng for' I Amount of Funds Requested: $lO,OOO~ X COBG JUflsdlctlOnal AllocatlOn COBG General AllocatIOn HOME (reqUires 25':" non-federal match) - will be addressed: No x IX Under which Consolidated Plan Obiecti"e does \our IJroiect fit'? (Please ,elect one) 1I00'SI:-.iC NEEDS o Increase and preserve homeownership for low and moderate income people . \\ ill Jefferson County reSidents be given preference for hOUSing') o Increase and preserve the supply of affordable rental units through acquisition. rehabilitation, and n.., construction . \\'111 Jefferson County reSIdents be gIven preference for hOUSing') 1I0:\IELESS :-.i[[DS .\ Assist the homeless by improving. increasin~ andlor expanding the a\'ailability of emergency shelter facilities, and transitional housin~ opportunities . \\ ill Jefferson County reSidents be given preference for hOUSing" YES CO\1i\fl1'dn D[\,ELOP\1E:-.iT :-.i[[DS o Improve neighborhoods such as impro\in~ deterioratin~ infrastructure, public facilities, and promoting economic dnelopment . How man~ Jefferson County lesldents w1l1 bendlt from your proposed project" (Total # and % of all residents) SPECIAL POPl.'LATlO!'iS o Preserve and increase the supply of permanent supportive housing for non-homeless population and persons with special needs . Ho\\ many Jefferscn County residents w1l1 benefit from your proposed proJect'> (Total # and % of all reSidents) ( ~ ATTA~HIVIENT 1 I. Project Description: GIve a bnef descnptlOn of the proJect for whIch you are seekmg funds (mcludmg project 10catlOn). How do you plan to spend the funds? Family Tree Housing and Family Services (HFS) Crisis Hotline Project Family Tree IS requestmg funds to help support the work of our Housing and FamIly ServIces Cnsis Hotline HotlIne staff are tramed to respond to mdlvlduals and familIes m cnsls who contact our office by telephone or m person for help The maJonty of persons who call are homeless or near homelessness, and are challenged by nsmg costs and an mabilIty to meet baSIC needs of rent, food and utilItles. The Cnsls HotlIne IS where help starts; It IS the first pomt of conlact for familIes needmg help Staff provIde mformatlOn on stable housmg optlOns, shelter and safety Issues and callers are gIven lImIted case management while waltmg for program acceptance Staff mamtam current lIsts of shelters, food banks, diaper dlspensmg Sites, rental/mortgage and utllIty aSSIstance, and health/mental health elImcs that are available to assIst homeless familIes and mdlvlduals. The referrals we gIve out are targeted and appropnate for each caller We learn the needs and then lmk callers WIth those programs for which they are elIgible, not Just give them a lIst and tell them to search for themselves. Because there IS an msufficient number of transltlOnal housmg optlOns m Jefferson County to meet the need, the servIces provided by our HFS criSIS hotlme servIces, whIch proVIdes preventive help, are even more crucIal. Beyond cnsls counselIng, mdlvlduals and familIes are assIsted with how to aVOid eVlctlOn and solve tenant/landlord Issues. They are directed to one- time cnsis aSSistance, such as food banks and emergency financial assistance Some famIlies will receive mtervention and ongomg case management m order to obtam self-suffiCIency FamilIes also stop by our office at 3805 Marshall Street m Wheat RIdge and are gIVen food and other baSIC IIvmg Items that have been donated to Family Tree This may mean that the chIldren are not gomg hungry for a few days. When an mdlvldual comes to our offices, we allow the mdlvldual to use a telephone, or give hIm or her some food. diapers. and/or a few bus tokens to get to a shelter, a Job mtervlew, or an appomtment at socIal servIces. ChIldren often find a toy or a stuffed am mal or book to take home. Callers and VISItors respond posltlvely to our assIstance. Because of Ihe hotlme, many familIes aVOid an eVlctlOn or leam of commumty resources to assIst them m mamtammg their current housmg. thereby reducmg the number of "new" homeless in the commumty Requested fundmg would be utIlIzed toward criSIS lme project expenses. - HFS also proVides a permanent housmg orientation sponsored by the HFS Klckm' It program that mdlvlduals and familIes can attend whIle on our waltlIst for one of our transltlOnal or permanent housmg proh'Tams. An onentatlOn mcludes applIcation mfo for subSidIzed housmg (pnvate and publIc), mfo on SectlOn 8 applIcatlons and waltlIst aSSistance, help completmg the forms, credit repair servIces. developmg good landlord relatlOns, a dlSCUSSlOn of tenant nghts, landlord relations and lIsts of affordable housmg optlOns. Klckm' It (With Ihe Program) is a component of services developed by HFS case managers as a way to proVIde mformatlOn, and develop the cntlcal self-sufficiency skills of servIce reCIpIents m an effort to further decrease epIsodes of famIly cnsls. The program consIsts of an extensIve cumculum that IS offered repeatedly dunng the year and covers a variety of mdependent living skIlls tOpICS. Many of the workshops are taught by experts from other orgamzatlOns WIth whom we collaborate These mclude parentmg classes from FACES which also offers weekly home- based support and educatlOn servIces pro bono or at a reduced rate to our partICIpants. All parentmg partiCIpants arl reqUIred to attend a ten-week parentmg course presented by Strengthenmg FamilIes through a grant they received to serve our families. The ConflIct Center teaches a workshop on commumcatlOn - m the family, on the Job, at school, m relationships. C \f)ocuments and Settmgs\dbnanz.aWHEA TR1DG1: local Settmgs\Temporary Internet Fi1es\OLK972'Wheat Ridge 2005 CDBG MUniCIpal Proposals-use doc The purpose of HOUSIng and Family ServIces IS to reduce homelessness, promote self-sufficIency and build stable famIlIes In Jefferson County and the surroundIng areas through InformatIOn and referral/cnsls aSSIstance, hOUSIng assistance. home-based case management servIces, advocacy and commumty collaboratIOn. HOUSIng and Family ServIces currently operates five SupportlVe transItIOnal hOUSIng programs and two supportIve permanent hOUSIng programs utilIZIng dIverSIfied fundIng sources. FamIly Tree O\vns several propertIes In Arvada - one 16-umt apartment buildIng at 5965 Yukon Street, called Brookvlew, and five hOUSIng umts at 5549 Marshall Street, consIstIng of four small cottages and one 5-bedroom house In November 2002 WIth fundIng from Jefferson County, Lakewood HOUSIng Authonty and the Damels Fund. FamIly Tree purchased an 8-umt apartment building at 1600-16 I 4 Routt Street In Lakewood. to provide transItIOnal, affordable supportIve hOUSIng to eight homeless, lOW-Income familIes. Other familIes lIve In scattered sItes throughout the metro area Including some In Wheat RIdge, WIth commumty landlords and the rent may be subSIdIzed by FamIly Tree, USIng vanous federal, state, or county grant momes. ThIS past year, we reserved all of our one-bedroom umts for chromcally homeless men, IncludIng veterans. Family Tree has become Involved In a collaboratIve project WIth Jefferson County, called Commumty VOice. that will be rolled out later thIS month. Homeless persons who are referred by an agency such as FamIly Tree will be elIgible for free IndIVIdualIzed vOIce maIl servIce ThIS wIl] help WIth job and housmg searches. A prospectIve employer WIll have a phone number to call and will hear the vOice of the mdivldual mstead of"Hello. you've reached ABC Shelter" II. Funding: A. If one source of fundIng IS lost for thIS project. does your orgamzatlon have a contIngency plan In place for thIS partIcular proJect') Please explaIn. -- FundIng has been requested and receIved from the cItIes of Arvada and WestmInster thIS year A grant to Arvada IS pendIng for 2005, and WestmInster has granted funds for 2005 Our costs contInue to Increase. If we are unable to fully fund thIS project, we realIze we may need to reduce the extent of thIS sef\'lce by lImitIng hours and'or findIng more Interns and volunteers, B If project does not get 100% fundmg as requested In thIS proposal. what would be an acceptable percent alternatIve') FamIly Tree would be grateful to receive S I 0.000; however. we would be able to utIlIze fundmg In any amount for thIS project. \Ve would assIst as many familIes as we can WIth the amount gIven, Family Tree programs are experts at stretchIng our lImited finanCIal resources. C Complete the Project Budget Form (attachment I) Attached III. Organizational Capacity: Please explam your municipalitIes' capacity to manage/perform th~ project. The Managmg Director of FamIly Tree HOUSIng and FamIly ServIces, Brooke DaVIdson, MSW, supervises the project. She also manages Family Tree's Adams Count) T ANF Stable Families Project. She has publIshed books. magazIne/Journal artIcles. legIslative reports and briefs on Issues such as Medicaid. prImary health care, T ANF, child care, and access to servIces that Impact vulnerable, 10\\ -Income populatIOns. She has extensIve experIence proVIdIng counselIng and CrISIS Intervention to domestIc VIOlence VictIms. IndIgent populatIOns and children with severe emotIOnal and behaVIOral disorders. She IS on the board/executive commIttee of the Metro Denver Homeless ImtIatlve (MDHI) and IS a member of the Jefferson County ConsolIdated Plan C'\Oocuments and Settlllgs\.dbnanza.WHEA TRlDGE\Local Settmgs'Temporary Internet Files\OLKQ72\Wheat Ridge 2005 ('DBa MunH:lpal Proposals-u,>e.doc Steenng Committee. She also serves as the Jefferson County (and sometimes Arapahoe County) Coordmator for the MDHI Annual Homeless Pomt-In-Time Survey All Housmg and Family Services (HFS) case managers have Bachelor's degrees m human services-related fields, and two staff have Master's degrees in counseling. One IS bilingual in Spamsh. Cnsls lme support staff bnng much human servIces expenence and are frequently the first HFS staff to mteract with prospective partICipants, providmg mformatlon on shelter and safety issues and the proVISIOn of limited case management to people who are waltmg for program acceptance. Two hotline staff are bilmgual - English/Spanish. All HFS staff bnng to their Jobs a wide vanety of prevIOus work expenence, includmg pOSItions at Family Tree Women In Cnsls, employment m a commumty mental health clinic, and legal and vlctims advocate programs and expenence With other low mcome housmg programs. Startmg With the purchase of a 16-unit apartment complex m 1991, HFS has grown each year and last year, proVided case management and housmg assistance to 720 families and mdlViduals. Last year, 81 % of families eXIting HFS tranSitional housmg programs moved mto permanent housmg SituatIOns. Fully 100% of the clients m the HFS transitIOnal housmg program developed a personal plan and goals to help them achieve self-suffiCiency Seventy-five percent of families eXltmg HFS mcreased or stabilized their mcomes, and 44% who were recelvmg public assistance at entry, eXited our program Without public aSSistance, With the exceptIOn of AND, SSI and SSDI. Additionally, 64% completed their educatIOn and/or Job sk1l1s trammg, pavmg the way for career employment. HFS has 13 years expenence reportmg outcomes and fiscal activity on ItS many !,'Tants, from federal and local government to foundatIOn and corporate Family Tree HFS and admmlstratlve staff have experience admmistenng federal CDBG grants. HFS mamtams a database of client information, including entry, Interim progress and exit informatIOn on partiCipants' hOUSing status. safety plans, mcome, educatIOn level. Job trammg, government assistance. family composlllon, home vISits/client contact. disabilities, mental health/substance abuse treatment, commumty mvolvement, health msurance, cnses, legal Issues and childcare Statistics and outcomes are reViewed by Family Tree management and board. -- Dunng fiscal year 2003-04, HFS proVided case management and housmg assistance to 720 formerly homeless families and indiViduals. IV. Project Information Complete the Project Development Form (attachment 2). Attached. V. Signatures and Certification I certify that all mformatlOn prOVided m thiS grant applicatIOn IS true and complete I understand that any false mformation or omiSSIOn may disqualify my orgamzatlOn from further consideratIOn for !,'Tant fund mg. I authonze the mvestigatlOn of any or all statements contamed m thiS applicatIOn and any other informatIOn pertment to thiS applicatIOn and my orgamzatlOn and Its employees, officers and board members. I have read. understand. and by my Signature, agree with the above statements and authonze the mvesllgatlOn of my orgamzatlOn as set forth above. Name (please pnnt) Title C ',{)ocumenlS and SeHmgs'"dbnanza.WHEA TRIDGE' Local Setllngs'Temporary Internet Filcs\OLK972'Whcat Ridge 2005 CDBG Mun1Clpal Proposals-use,doc - SIgnature Date Proiect Budget Form (attachment 1) PROJECT EXPENDITURES AMOUNT A. CDBG or HOME Exoenditures: General operating or personnel (see detail in item b) 10.000.00 Family Tree requests the ability to utilIze the amount funded where most needed m the proiect budget detailed below This will enable us to maximize vour funding dollars and use them as leverage to obtain additional prolect support. I CDRe; or I/O.HE Proh'ct t);peIlJitures .S'uhtotal (must c(/1I111 \"(JUr n:(JlI('~'II $10.000.00 I I B. Additional Proiect Exot!nditures (not covered bl' CDBG or HOME) 82.900.00 Personnel (2 FTE) and Benefits. Taxes 6.t.052.00 I Telephones 2..t.t9.00 Office rent and other operating costs I 2.983.00 Supplies, equipment. mailing, printing aud copying costs I 768.00 Indirect admmlstrative/maintenance costs. travel, msurance and staff recrUItment 11.222.00 Volunteer costs. fees/dues and staffdevelopment 1..t26.00 Additional Prolect Expenditures Subtotal $82.900.00 C. TOTAL PROJECT EXPE:-iDlTURES (MB) $92.900.00 % of CDBG or HOME Expenditures (.\/C) 11% % of Additional Proiect Expenditures (B/C) 89'10 PROJECT REVENUES AMOLTNT D. CDBG or HO\1E Revenue Subtotal (if awarded. should eoual your rClIue't) $ 10.000.00 E. Additional Prnic(,:t Rl" ['nul" Trustees Corporations Foundations Indl\lduals Fees Other Government (515.750 -Jefferson County. 513 000 CIty ofWestmmster and $.t3,750.00 515.000- CIty of Arvada) I Other (which mav include). I Fundralsmg $39.150.00 \ olunteers In-kmd Donations HOME ProJects reqUIre a 25% non-federal fundIng match List match In spaces below' I E. Additional ProJcct Re\ cnucs Subtotal $82,900.00 F. TOT.\L PROJECT REVE:'> I ES (D+E) $92.900.00 C Documents and Sctting';dlhnanza WIlEATK1D(,E l OC3.\ St:\tmg~ Temporary Internet Fi\cs'.oLK972',^.'hcat RIdge 2005 CDBG Mun1l.:1pal Propo~als.u~t: Joe G. CDBG or HOME $ per number of Jeffco Residents served *(see Indicator #5) $6.23 $6.23 is calculated bv dividin $10,000 bv 1,604 Jeffco residents to be served. Proiect Development Form (attachment 21 National Goal: The goal ofCDBG IS to Improve the physical, economic and social conditIOns of low income people. Family Tree's project aligns with the National ObJectives of benefitmg the homeless population -- low- and moderate-income persons, as well as meeting an urgent commumty need. 1. Problem, Need, or Situation: Callers to the Family Tree HFS CflSlS hotlIne, and walk-m clIents to the HFS office, often are m nnmediate danger of being eVIcted, have already lost their housing and are lIving temporanly WIth famlly or fnends; or are lIving on the streets, In a campground, or In their cars. The family may be desperate for theIr baSIC needs of food, shelter and clothmg to be met. Fifty-mne percent of the calls we received last year from people In immedIate need of hOUSing were from smgle parents With children, and 21 % were from two- parent familIes. One hundred percent of the calls were from famllles and indivIduals m the very lOW-income bracket. Last year, 4,563 indivIduals/families were assisted via the cnsls hotlIne. With the implementation of Mile High United Way's "211" referral line last year, callers seekmg housmg assistance m thiS area are given Family Tree's phone number, when appropnate, and we help those callers because of our expenence and expertise Fundmg fqr agencies IS not proVided. 01 the total 4,563 calls received last year, SIX percent (266 calls) were from Wheat Ridge Citizens. In Just four months, smce July 1st, 167 calls already have been from persons m Wheat Ridge. Currently there are six Wheat Ridge families in Family Tree's housing program. This mcludes 8 adults and 7 chIldren. Another 25 persons from Wheat Ridge were on our "walt list:' dUring the reponmg penod, recelvmg supportive services and resources, which might Include food. clothing, dIapers. transportatIOn and/or financial assistance 2. Method of ~eed Identification: The Annual Point In Time Study Homeless in the Denl'er Metropolitan Area counted 8,668 persons who were homeless on January 19.2004 According to the study. there were 1.160 persons homeless In Jefferson County, 572 of whom were chIldren. I Jefferson County was one of two counties (the other was Douglas) whose homeless numbers mcreased from 2003 to 2004 A need for assistance IS also Identified based upon the number of calls we receive each day for help. Over the past year, we recelVed over 4.500 calls and saw an Increase In the numbers ofwalk-m mdlvlduals and famIlies askmg for help 3. Service, Activity, or Intervention: Funds are requested for contmued operatIOn of the FamIly Tree Housmg and Family Services Cnsls Hotlme Tramed staff respond to indiVIduals and famIly members m cnSlS, who contact our office by telephone or In person for assistance. IndiViduals and families who are homeless or near homelessness are aSSisted WIth obtammg baSIC needs (such as food. bus tokens, diapers. clothmg) and are gIven targeted, appropnate resources to help them find shelter and/or hOUSing - transitIOnal or permanent. The Cnsls Hotlme is often the first pomt of contact for familIes needmg help 4. Outcome: IndiViduals and familIes will be safer, more stable, and further along their road to self-reliance Through the crisis line. and possibly as participants in our Kickin' It program, indiViduals and families Will have received needed basic necessities and targeted, appropriate referrals to emergency, transItional and/or permanent housmg and other assIstance that were soecl fic to their needs. C Documcnt~ and Settings .dbnanLa WHEA TRIDGE Local Settlngs'Temporary Internet FilesDLKQ7:!'Wheat Ridge 2005 CDBG Mur.\o.;\pal Proposab-use doc 5. Indicator: (Number of County reSIdents to be served by requested amount of fundmg) *And please see G on Project Budget Based on last year, we antICIpate that 1,604 Jefferson County reSIdents will be served by the Housmg and Family SerVIces Cnsls Hotlme m the commg year The SIO.OOO would pay for 491 of the 1.604 Jefferson County calls. Or, another way to describe thIs would be that the S I 0,000 would pay 31 % of the full cost of all the Jefferson County calls. The full cost of each call IS $20.36. We also antIcipate housmg SIX Wheat RIdge famIlies m our program. 6. Measurement Too\(s): We measure success from verbal/wntten feedback from callers/walk-m clients We ask people to report on theIr progress WIth vanous resources. People often tell us that we are the first ones who were able to help them, that others told them, "We don't proVide that service," or "Call 211, " or, "Call Famil) Tree" Family Tree has a good reputation and IS known by others as the people who will Sit down and listen to a family's needs. and then search and find the food the) need. or an ImmUnIZatIOn for theIr child, or an apartment, or offer GED classes and other trammg opportunIues that will provIde them WIth praclIcal help FamIlIes do call us back and tell us that the) were accepted mto a particular program Because the) may have participated in our Klc"m' It workshops. they feel invested m reporting back to us about theIr success. although that IS not requIred. Housmg waltlIst: we measure how qUIckly a family moves off our waItlIst and receIves housmg (larger famIlIes generally are on the walt list for a longer penod of lIme) We follow up WIth families on the waltlIst to learn how they are domg and contmue to provIde limIted case management. -. 7. Data Source and Collection Proceclure: Number of calls and mformatlOn about each call are tracked m an Access database. HFS procedures requlfe that a phone screen be completed by a cnsls lme worker at the lIme of the first call from a famIly or an mdl\'ldual who IS homeless or at- nsk of homelessness. At thIS tIme. prelImmary data about the caller IS documented. InformatIOn regardmg City of reSIdence. age of head of household, number m the family and ethnIclty, current IIvmg sItuatIOn, current level of safety and monthly mcome sources. A detern1matlOn IS made whether the caller is m need of rental, deposll. and/or legal assIstance. emergency housmg, a safehouse, or other emergency supplies such as food and/or transportatIOn assIstance Referrals are made to resolve emergency Issues and the process \\'Ith FamIly Tree HFS begms. Homeless (as defined by HUD) persons are eligible for HFS tranSitIOnal housmg prob'fams, famIlies WIth stable mcome and recent completIOn of tranSItIOnal servIces program are eligible for HI'S permanent housmg programs and those m need of emergency rental assistance might be eligible for thiS project. C Documents and Scnmgs'-Jbnanza,WHEATRIDGE,Local Scttmgs\Temporary (ntcmel FlIcs',OLK972'\Vhcat Ridge 2005 CDBG MunICIpal Propn~ab-usc,doc Jefferson County Community Development 2005 Program Year (June 1, 2005 through May 31. 2006) Municipality Proposal for CDBG / HOME Funding PLEASE PROVIDE 1 ORIGINAL A]\"D 16 COPIES Name of AgencY" Volunteers of America Colorado Branch - Nutrition Programs for the Elderlv Address, 2660 Larimer Street, Denver, Colorado 80205 Nolan D Knox, Director of Nutntion Services or Contact Person: Mary DavIs, Grants Manager, Nutrition Services Phone: 303-297-0408 Fax: 720-264.3306 Email. nknOXI cLvoacolorado ,org mdavis@voacolorado org indicate what grant you are applymg for' I Amount of Funds Requested: $5,250 !2l: CDBG JunsdlctlOnal AllocatIOn o CDBG General AllocatIOn o HOME (reqUIres 2500 non-federal match) For CDBG -Which National Obiective(s) will be addressed: Yes i No i Benefit 10\\ - and moderate-mcome persons X I I Prevent or el1mmate slums or blIght I X i Meet urgent corrununitv need X ! i -- l nder which Consolidated Plan Ohiective does \'our proiect Ii!"! (Please select one) HO~SI"G NEEDS o Increase and preserve homeownership for low and moderate income people . \Viii Jefferson County reSidents be giwn preference for hOUSing" o Increase and preserve the supply of affordable rental units through acquisition. rehabilitation. and new construction . \\ iii Jefferson County residents be gIven preference for hOUSing" HOMELESS NEEDS o Assist the homeless by improving, increasing and/or expanding the availabilit) of emergency shelter facilities. and transitional housing opponunities . \'viii Jefferson County reSidents be given preference for hOUSIng" CO'Dll'N'T\ DE\'ELOP'IE"iT NEEDS o Improve neighborhoods such as improving deteriorating infrastructure, public facilities. and promoting economic development . How many Jefferson County reSidents ",ill benefit from your proposed proJect" (Total ~ and 'm ofall residents) SPECIAL POPl'LATIONS ~ Preser\'e and increase the suppl) of permanent supporth"e housing for non-homeless population and persons with special needs . How man] Jefferson Count\ residents Will benefit from vour pruposed pruJect" (Tutal ~ and', ofall residents: 'lore than 300 low-income. frail and/or disabled seniors will be sen'ed in the cil) of Wheat Ridge p' S~P'CO!1lmon Cenera! Ll..1l"al M:Jh:h Grant Documems'Vv'l1eatndge 20U5 CDB(j Appltcation.doc I. Project Description: Give a bnef descriptJon of the proJect for which you are seekmg funds (includmg project 10catlOn) How do you plan to spend the funds? Volunteers of Amenca provides home-delIvered meals and community-based congregate nutrition services to more than 300 elderly Wheat Ridge reSIdents annually These semces, provIded solely on a contributlOn-basls, ensure that the most vulnerable and at- nsk elderly m our community aren't hungry and forgotten. Accordmg to a Federal study, NutntIOn Programs for the Elderly have a significant impact on the health of program participants. These programs were found to be effective and efficient in combating malnutrition and inadequate nutrition among older adults (The NatlOnal EvaluatlOn of the Elderly NutntJon Program 1993-1995 ) Meals on Wheels and Congregate NutntIOn servIces help seniors to age in place, mamtain their dignity and their quality of life, and remam m theIr own homes m mdependent IIvmg sItuations. Volunteers of Amenca's Meals on Vibeels Program prOVIdes nutntlOus, home-delIvered meals to 10'W-mcome, homebound elderly m Jefferson County who are unable to grocery shop or prepare meals for themselves due to phYSIcal lImitatIOns, dIsabilIty, lack of transportatIOn and/or poverty These are mdlvlduals who are least lIkely to have access to other assistance. Unlike a food bank, meals are delIvered to the home, ensunng that clients not only receIve the food they need, but ~lso have the assurance of a regular VISit from a volunteer to check on theIr safety and well-bemg. Often, the volunteer IS the only person the client has contact WIth each day; theIr viSits are a cntlcal component of the servIce. The SenIors' Nutntion Program prondes comprehensIve nutntIOn serVIces at 27 dmmg centers throughout the regIOn, offenng nutritIOus noon meals m a congregate settmg to mdlvIduals 60 years of age and older ThiS commUnIty-based nutntIOn program serves highly vulnerable senIors at mcreased nsk of malnutntIOn and IsolatIon. Program partICipants typically are very low mcome (at or below 100% of the poverty level). they live alone, and face multIple bamers to eatmg properly Congregate dmmg sen:Ices are offered Monday through Thursday at the Wheat Ridge Community Center ServIces proVIded mclude nutntlous meals. nutntIOn education, and mformatIOn and assistance m accessmg other services when needed. SenIOrs attendmg the Dmmg Centers are also offered the OppOrtunity to partICIpate m exercise classes. health screenmgs and a vanety of SOCial actiVitIes. 317 elderly reSidents of Wheat RIdge benefited from Volunteers of Amenca nutntIOn scrvlces m 2003 2.156 meals were delIvered to homebound elderly through the Meals on Wheels Program, 6.087 meals were prOVided to senIors who attended the Wheatndge Dmmg Center Volunteers of Amenca respectfully requests CDBG funds to be used to purchase raw food and supplIes for the preparal1on. packagmg and servlce,'delIvery of meals to elIgIble reSidents of Wheat RIdge who receIve sen'lces through the Meals on Wheels Program; and. to prOVide nutntIOn services at the Wheat RIdge Dinmg Center CDBG funds would be used to sene individuals who have an income at or below 100% of the federal poverty guideline -- a IOlVer illcome threshold than the 125% of poverty level required for CDBG fUllds. P SNP'Ct)mmon GeneroJ.Loc::ll Match (,rant Documents Whe:Hndg~ :W05 COBG Appllcation.doc II. Funding: A. If one source of fundmg IS lost for thIs project, does your organlzatlOn have a contmgency plan m place for thIs parllcular project0 Please explam. Volunteers of Amenca has developed a dIversified fundmg base for ItS NutfltlOn Programs for the Elderly conslstmg of a combmatlOn of local match from cHles and countIes served, Mile High United Way; government grants; foundation grants; dIrect maIl campaigns; and speCIal fundraismg events such as Share Our Strength, the Sanctuary GolfToumament, Runnm' of the Green, and Western Fantasy However. With the SIgnIficant mcrease m requests for Meals on \\Theels servIces over the past eIghteen months, It would be very dIfficult to proVIde a level of servIce consIstent WIth the need m Jefferson County WIthout fundmg from the County and the cllles served. Smce program fundmg IS allocated on an annual baSIS, Volunteers of Amenca must contmually raIse the balance of funds needed to sustam sefV1ces and compensate for year-to-year fluctuatlOns. If CDBG or local match funds were not available, It would mean that eIther addltlOnal funds would have to be raIsed beyond the current fundraIsmg capacIty of the program. or that fewer senlOrs could be served. B If project does not get 100% fundmg as requested m thiS proposal, what \\ould be an acceptable percent altemal1ve0 - V olunteers of Amenca IS requestmg fundmg m an amount needed to mamtam selTlces to elderly reSIdents of \Vheat RIdge consIstent WIth the currentleve I of need. CIlles and mUniCIpalities served by Nutnl10n Programs for the Elderl} are asked to pnwlde local support equal to 10% of the Federal and State fundmg expended on sef\'lces wIlhm each area. We would be grateful for full fundmg. howC\er, even paI1Ial fundmg \\ould help ensure that semors most at-flsk recel\'e nutntlOus meals. Every senior that we receive fundmg to serve IS one less semor who \\lll go WIthout meals. one less semor who wIll be put on a waltmg list for sef\'ices. It costs less thall $1,400 to provide a sellior with a jiill year of either ll-leals 011 1J7zeels or COllgregate meals. This is IIIlIch less thall the cost of IIl1rsillg home care or a single hospital stay. C Complete the Project Budget Form (attachment]) Ill. Organizational Capacity; Please nplam your orgamzatlOn's CapaCIl} to manage. perform the project. Volunteers of Amenea has been thc pnmary prOVIder of home-delIvered meal sernees for the elderly m Jefferson Count} and throughout the seven-count} Denver metropolitan area smce 1974 Meals on Wheels servIces m Jefferson County are prOVided m partnershIp WIth the Jeffco ActlOn Center the Semor Resource Center Mountam Sernces Program, and with the assistance of more than 200 dedIcated volunteers Volunteers of Ameflca IS dlstmctly qualified to pro\'lde sef\lces of thiS scope we have an ntenslve network of volunteers; we hay e establl,hed collabor:JtI\e relatlonshlps involVing local commumty-based organIZatlOns In servmg the clients. and, we have the demonstrated capacIty - phYSIcal, fiscal and managenal - to successfully prOVIde reliable hlgh-qual1ty sernces. 1\. Project Information Complete the Project Development Form (attachment 2) P ~:-JP ( ommon ,(jeneral Loca) "latch LJrJnt Documents WhcJtndge ~OI15l'DBG A.ppilcationdoc V. Signatures and Certification I certify that all mformatlon provided m thiS grant application IS true and complete. I understand that any false mformatlOn or omIssion may disqualIfy my organIzatIOn from further consideratIOn for grant funding. I authonze the investigatIon of any or all statements contamed m thiS applIcatIOn and any other mformatlOn pertment to thiS applIcatIOn and my orgamzatlOn and its employees, officers and board members. I have read, understand, and by my Signature, agree WIth the above statements and authonze the investigatIOn of my orgamzatlOn as set forth above. N () I CL ,', D krlo f.- Name (please pnnt) , - - '-~ '-{:2 '7L ----1 / D if c.cJc r cf Nvtv. -II~"<\ Title -- )e'.rV\C"" (~.So. Signature ~~{'-L \ \ !o'{ !0t Date p s~p C,1mm\)n (,eneraiLocal MJtl:h I..lrant Documents'Wheatridge 2005 CDBG Appllcation.doc (attachment 1) PROJEcT Bl DGET FOR'1 I PROJECT EXPE.'.OITlRES I_oct (DBG or fiG/He Expenditures: ISalaries &. \"ag,,-.~ I Employee Benefits I Fond and FOOllsen-icL' ';;;ul1plies h chicle LL'a",e:'\laintenancciOper<lting loSh .\ \101 '.T , S 1.6h9! 1 33UI l.;~nl 1 ~5i l~~! ';;Qi . , 10" q~' -I Jt)~i 1"'0 S 5.2:::0 General Liability and -\uto Insurance i~taff Mileage ! I tilitie", i()ffice [,proses/Gelleral Supplic'l i<Hllcr [Xpl'lI~t") l..\dministr:Hi\'~ Sef"\'icl.'s 13ccounting. fH'rsl1llnel. I~tc II-D8(; or HLi\/E P" 'Icd Expelid.illl L, SIIl'{('{lIJ 1I!1IJ[ ,'t/WII lul/,- n'(/U,_'S{I ~~~~~~~~,--~_:'~~~~~~"h~~"'~~"-~ --< -~~'::~.~-~.~--- ~ --- ---~ _'r'~ _ _ ~"-ii' ;__'_-'--O-;'~~ ~..::~_ -=-......:z-;.-7-~"...; ;.O<;..=.::.-.~..=..t.;.;~_.; B. --ltlditio1lal Project Expenditures (/lOl con'red bl' CDBG or HOllE) ~alaries &. \\ ages (including $225AUM in~klnd volunteer labor) I Ernpluvt't' Benefits i Food and Fondsen ice Supplies 1\ ehicle Lease. \ laintell::J.nce/Orer::lting Co')IS !<,t'nl.'r:ll LiahiJity and .\utu In.~ur::lnct.' !Slaff \Weage It tilitie') jDffice E\pl'n~t''),c,l'nt'r:Ji ~upplit'\ I ....;;;.;r~~_...:-;:.,...':,.~.-"~~1.i i I ~ 1.33'" ~()Il I 2(,..1,28: ! 1 ~--1.b2J llJ~.d-2i 11 S.bS.:j rll';;O[ ,'il 'hO , Other E\penq:'l (inCluding S11-:' ..l.2G in Llollaled jJl~k.inJ \ll':lisilt' 'oaCt" i -\dmjni~tr:lti\l' Services laccolln~ing. penonnel. etc.) C j ""I j2J -;"1 j-fJ.ldl I - ! \ddiriunal PrujeCl Expenditure, "ublOlai ~~lr;7Z~~~V:.;.:~:;-~,-;'- .~.~~.:~-:';,.-~- ~ --"'.~ _..:.~::..~, --_.:. 1 " ~.21l-.2021 L - _~, O~., -.; _:::- i-;,-~.~~~Ji.7iIk..;:.; '::-:,:1 ..1.21 :...152 ! ILl:o"i of (DB',IJ'- HI \\1:::' E.\iit'jllJitufe\ \ { "" (If -\.dJiriun:.1i Pruject E\f1rndirLJP-'\ B,( QQ..'l8"n: .. .,.."'!"';' '- ~t~l:i;; '~~'. . ;:-:.......- ......'t.~._;_~... - , .~ ,~..... ~ ~_~........ -_:...~.; ...l... ~""- _....----'""-......._.~_.. ,-,,;...:..:.~~ ;~~t~ i \\l('){ '\T I II'RO,IUTIlF:\E'-1 ES !D C~R(' or }{()\IF Rl'\enlH' "l:bl1)LlI fif :l1\:lnit'd. 'ohlluld t'tjlJal \tlUr rl"qul\(1 i ' .;.::'01 F, \,jtlilinn.lI l'rllit..,,! Rl'\ l'IlUl" II"'~ " """I 11--.-:2.!.~"""!..i:l~; i~-~'~~ ..Il)lJ/)rol . 1 J.J] i.2 1 ,I I I ",c,J'1 .,.,- -10.)1 ~~: ",:1 i(:r;:' .1:',l I;' '\:.,1.. 11'.] ,JlH~,'r !ll~ i. ~ :11,.1 'II-K:IlJ U. HJlh" . t~J!oi:~ ...,p.!~ ~ '." .l~l ,\1~ f""l" 'l~ ru;, \~ ;...., :..:""-.1;"~ .....~ l. ,! l~lJ[:I' l!~ ;:',)1..': he!')"', \dL.!ilion;11 Pnl!l't! ;{l'\l'Il~ll' 'd ,I 1::1 rOT.\1. !'I{O.:Ff r ;{r\ F\,t E" liJ-[) s -4.: 1 :.~S21 "'I ,f.. ,DI , Ii li()':, u\ r ,j lJ ,ll:,~' r (,: .: 1;; r:-, " ,< .ii:e;i!.; ~cr', h: Proiect Development Form (attachment 2) National Goal: Goal #6 Low-mcome people, espeCIally vulnerable populatIOns, aclueve theIr potentIal by strengthening family and other supportive systems. 1. Problem, Need, or Situation: Elderly persons are at mcreased nsk of hunger, malnutrItIOn and/or madequate nutntlOn when they are unable to grocery shop, buy enough nutrItIous food, and/or prepare meals for themselves due to physical lImItatIons, lack of transportatIOn and poverty-level mcome 2. Method of Need Identification: One in four elderly in the community are malnourished. Accordmg to the Surgeon General, there IS a conclUSIve Imk between diet and the leading causes of death and dIsability m Amenca. (MalnutritIOn m the Elderly, A NatIOnal Cnsls. U.S. AdmmlstratlOn on Agmg, U.S Dept. of Health and Human SefV1ces.) "The need for and the success of the Older Amencan Act NutrItIOn Program IS based on scientific eVIdence that mdicates adequate nutrition IS necessary to mamtam cognItIve and physical functlOnmg; to prevent, reduce, and manage chrOnIC dIsease and dIsease related disabilItIes, and to sustam health and quality of lIfe." Wellman NS. RosenzweIg L Y, Lloyd JL. Thirty years of the Older Amencans NutritIOn Program. J Am Diet Assoc 2002. 3. Service, Activity, or Intervention: 18 homebound elderly persons (unduplIcated mdlviduals) receIve nutritIOus home-delivered meals and a daily or weekly visit by a volunteer to check on theIr safety and well-bemg. 295 senIors (an average of 30 senIors every day) receIve nutrItIOus meals at the Vv'heat Ridge Dmmg Center, opportunities for socIal mteractlOn and access to communIty resources to help them mamtam their health, reduce IsolatIOn and lIve mdependently 4. Outcome: Elderly persons, espeCially those at hIgher nsk, have access to nutrItIOus food that reqUIres lIttle or no preparatIon, regardless of their ability to pay Elderly persons stabilize or improve theIr health andJor well-being through dIet and nutntlOn. Elderly persons remam m mdependent-lmng SItuatIOns m the commumty as long as possible through NutrItIon Program servIces and lInkages to other commUnIty-based servIces. 5. Indicator: (Number of County reSIdents to be served by requested amount of fundmg) i 10 unduplicated seniors would be sened in the cit) of Wheat Ridge with CDBG funds in the i one-year grant period: 'II 10 of 10 or 100% of senIors receive nUtrItIOUS, prepared meals that provide them wnh a mimmum of one-third of the daily dIetary mtake of nutrIents for older adults per the Surgeon General I 6 of I () or 6()O~ of senIors mamta m or Improve their nutrItlOnal status I . . 7 of 10 or 70% of seniors Impro\e their abilIty to live Independently ~ P SNP'Common ,Generar Local Match Grant DI..1Cuments' Vvllealndge 2005 CDBG Application.doc 6. Measurement Tool(s): ServIce dehvery logs and route sheets In Home Chent Assessment Form (wIth nutntIOnal score calculated) Chent SatIsfactIOn Surveys. 7. Data Source and Collection Procedure: ServIce levels are tracked vIa route sheets and dmmg center slgn-m sheets. Meals on Wheels route sheets are mput mto a database daily by program staff: data IS sent to agency's accountmg dept. and used to generate these reports. AnalYSIS of Meals Served, SAMS Agency ServIce Summary; and Quarterly Performance reports prepared by the DIVISIOn Director In Home Chent Assessment Forms are completed at Intake and every SLX months thereafter at a home \1SI1. These forms are completed by aSSigned staff and kept m central program chent files. Chent Sal1sfactIOn Surveys are distributed to all program partIcipants annually ThIs data IS entered mto program database and the results are reponed as part of the agency's Outcome Measurement Process. - p- .s~P',Common( rcneral ,I oC31 .'\.l:.Jtch Granl Do.::uments'Whe:Hndge 2(J()5 CD8G -\ppilcallon,doc Jefferson County Community Development 2005 Program Year (June 1,2005 through May 31, 2006) Municipality Proposal for CDBG / HOME Funding PLEASE PROVIDE 1 ORIGINAL AND 16 COPIES Name of Municipality Stride Address: 1020 Upham Street. Lakewood, CO 80214 Contact Person, Kathy Hartman Phone: 303-238-3578 Fax: 303-238-3586 Email: kathyhia)stride-co org Indicate what grant you are applying for' I Amount of Funds Requested: $5,000 o COBG Jurisdictional Allocation x COBG General AllocatIOn o HOME (requires 25% non-federal match) - For CDRG -Which National Ob'ective s will be addressed: Benefit low- and moderate-Income ersons Prevent or eliminate slums or bli ht Meet ur en! commUnI need Yes No x X 'X llnder which Consolidated Plan Objective does vour proiect fit? (Please select one) HOllSI~G NEEDS D Increase and preserve homeownership for low and moderate income people . \\ ill JetTerson Count: residents be given preference for housing" D Increase and preserve the supply of affordable rental units through acquisition. rehabilitation. and new construction . Will Jefferson Count) residents be gl\en preference for housing" HOMELESS :"OEEDS D Assist the homeless by improv'ing, increasing andlor expanding the availability of emergency shelter facilities, and transitional housing opportunities . W ill Jefferson Count) residents be given preference for housing" CO'I!\It'NIH DE\'ELOPME:"OT NEEDS D Improve neighborhoods such as improv'ing deteriorating infrastructure, public facilities, and promoting economic de,,'elopment . 1I0w man) Jefferson Count) residents will benefit from )'our proposed project" (Total # and 0'0 of all residents) SPECIAL POPULATIONS D Preserve and increase the supply of permanent supportive housing for non-homeless population and persons with special needs . 1I0w man) Jefferson Count: reSidents will bene tit from )'our proposed project" (Total # and % of all residents) C \Documents and Settmgs\dmel'xncr WHEA. TRIDGE\Local Settings\Temporarv Internet Fiies\OLK7\1005 CDBG.HOME MUnicipal Proposals en doc I. Project Description: Give a brief descriptIOn of the project for which you are seeking funds (including project location). Ho\\' do you plan to spend the funds? Stride is seeking funding for its Family Self-Sufficiency Program, which helps low- income families with children become economically self-sufficient. Funds will support case management, mentoring. and coaching services. Families will be directed to education, training, and counseling services needed to find and mamtam employment at wages that will support the family II. Funding: A. I f one source of funding is lost for this project, does your organization have a contingency plan m place for thiS particular project? Please explain. The funds we are requestmg represent just 2% of our total budget for the program This fundmg, however, provides 33% of the cost ofprovidmg the program to our current Wheat Ridge residents. Wheat Ridge's support of this program helps us raise the remaining 66% of the cost. B If project does not get 100% funding as requested in this proposal, what would be an acceptable percent alternative? Obviously, we will accept whatever is awarded. Given the paperwork requirements of the CDBG program, very small awards are less cost-effective. C Complete the Project Budget Form (attachment 1). Done III. Organizational Capacity: Please explain your municipalities' capacity to manage/perform the project. Stnde has successfully managed thiS program for the past 13 years. IV. Project Information Complete the Project Development Form (attachment 2). V. Signatures and Certification I certify that all information provided in this grant application is true and complete. I understand that any false information or omission may disqualify my orgall1zatlon from further consideration for granl fund mg. I authorize the investigation of any or all stalements contained in this application and any other information pertinent to this application and my organization and its employees, officers and board members. I have read, understand, and by my s,tlnature, agree with the above statements and authorize the investigation of my orgall1zatlon as set forth above. C \Documents and Settmgsldmetxner WHEATRIDGEILocal SenmgslTemporary Internet F,lesIOLK7\200S CDBG-HOME MunicIpal Proposals (2) doc Kathy Hartman Name (please print) Executive Director Title Signature November 12, 2004 Date - C 'Documents and SeltmgsldmeIXner WHEATRIDGElLocal SettingslTemporary Internet Files\OLK7\2005 CDBG.HOME Municipal Proposals (2 J doc Proiect Bude:et Form (attachment 1) PROJECT EXPENDITURES AMOUNT A. CDBG or HOME Expenditures: 5,000 (,DEG or J/O.1-IE I'ro;ec[ Expenditure'! Subtotal (milS! callal \Jour reaues[J $5,000 B. Additional Proiect Expenditures (not covered by CDBG or HOME) AddlllOnall'rolect b.pcndllures Subtotal $279,488 C. TOTAL PROJECT EXPENDITURES (A+R) % ofCDBG or HOME Expenditures (A/CI 2% % of Additional Proiect Etenditures (R/C) I 98% PROJECT REVENUES AMOUNT n. cnsc or HOME Revenue Sublotal (if awarded, sbould equal your reQucst) 5,000 E. Additional Proieet Revenues Trustees 1,000 Corporations 15,000 Foundations 50,500 Individuals 12,988 Fees 0 Otber Government 175,000 Other (which may include): Fundraising 25,000 Volunteers In-kind Donations HOME Projects reqUlre a 25% non-federal fundmg match. List match in spaces below: I:. AJdlllOnal ProJcct Rc\ cnucs Suhtotal 279,488 F. TOTAL PROJECT REVENUES (D+E) 284,488 G. CDBG or HOME $ per number of Jeffco Residents served $20 C \Documents and Setungs\dmeIXner WHEA TRIDGE\Local Setllngs\Temporary Internet Files\OLK7\2005 CDBG-HOME Municipal Proposals C2) doc - Proiect Development Form (attachment 2) 1. National Goal: Benefit low and moderate income families - 100% of families served will be low - income (below 50% of area median income); most will be very low-mcome (below 30% of AMI). 2. Problem, Need, or Situation: Moving out of poverty has become increasingly difficult, especially in the current economic climate. Wages, especially those for less-skilled workers, have stagnated. Getting off welfare is only the first step A recent study has Identified that 23% of working families in Colorado remain below the poverty level, and that 27% of children in Colorado are in workmg-poor families. Stride is one of the few programs that offers services to these working-poor families, helping them move to sustained employment above the poverty level. 3. Method of Need Identification: Stnde serves families with children that are referred by local housing authOrIties or welfare agencies. Each family is assessed to determine their strengths and their barriers to self-sufficiency 4. Service, Activity, or Intervention: Stride helps each family develop a self-suffiCiency plan, and then helps the family find the resources needed to complete the plan. Each plan IS unique, and so the actual services are also unique, but common elements include GED or high school completion, job training, and post-employment coaching. Substance abuse counsel mg. mental health services, parenting training, and budgeting assistance are available for families who need It. Stride helps families With emergency financial needs, through Its Emergency Loan Fund, and helps parents find appropriate childcare, after school programs, and educational enrichment for their children. Case managers work With the family through all stages of the plan, especially during the cntlcal transitions from school to work and from one iob to the next. until the familv is independent of all malor sources of public assistance 5. Outcome: 69% of Stride families have successfully completed their plan, and have maintained stable, full-time employment above the Federal Poverty Level. Stride's average graduate is earning over $25,000 per year 6 Indicator: (Number of County residents to be served by requested amount offundmg) Stride's Family Self-Sufficiency program serves about 250 Jefferson County families each year It IS currently servmg 8 Wheat Ridge families. 7 Measurement Tool(s): We have three major goals. . 80% of current clients will meet or exceed the goals of their self-suffiCiency plan . 90% of current clients will be employed or actively mvolved m education, Job trammg, or job search activities . 70% of Stnde clients will successfully graduate, by maintaming stable, full-time employment above the poverty level for a minimum of one year 8, Data Source and Collection Procedure: Data on the above goals is collecled by case managers quarterly. primarily based on client-report. Income data is verIfied with local housing authorities. - C \Documents and Settmgs\dmelxner WHEA TRIDGE\Local Settings\Temporary Internet Files\OLK7\200S CDBG-HOME Municipal Proposals (2) doc Jefferson County Community Development 2005 Program Year (June 1,2005 through May 31, 2006) Municipality Proposal for COBG I HOME Funding PLEASE PROVIDE 1 ORIGI"iAL A'\D 16 COPIE.., City of Wheat Ridge Name of MuniciJl'llity. Sub-recipient: The Seniors' Resource Center. Inc. Address: 3227 Chase Street. Denver, Colorado, 80212 Contact Person: Robert (Bob) Timm. Development Director Phone: 303-235-6918 Fax: 303-238-8497 EmaiL rtinunla)SRCA.gjng.org Indicate what grant you are applying for' I Amount of Funds Requested: $13,000 X CDSG Junsd.tctlOnal AllocatIOn o CDSG General AllocatIOn [] HOME (requires 25% non-federal match) - will be addressed: Yes X No l IHkr nhirh (nn\olidatl'd Plan Ohjt'rtj,"' don 'our nrnjt.'rt fir' (Ph-a,,,. \dl'l't oncl HOUSING NEEDS o Increase and preserve homeownenhlp for low and moderate Income people . Will Jefferson County residents be given preference for housing" o Increase and preserve the supply of affordable rental units through acquisition, rehabilitation, and new construction · Will Jefferson County residents be given preference for housmg" HOMELESS NEEDS o Assist the homeless by improving, increasing and/or expanding the availability of emergency shelter facilities, and transitional housing opportunities . W III Jefferson County residents be IP ven preference for housmg? COMMUNIlY DEVELOPMENT NEEDS X Improve neighborhoods such as improving deteriorating infrastructure, public facilities, and promoting economic development . How manv Jeff=n County reSidents willlx.'nefit from your proposed proJect" (Total # and % of all residents ) SPECIAL POPULA nONS o Preserve and increase the supply of permanent supportive housing for non-homeless population and penons with special need. · How many Jefferson County residents will benefit from your proposed project" (Total # and % of all re,';-tcnts ) C.lMy Docum<nts\CDBGcommunrtywhcel~S\200S CDBG-HOME Municipal Proposals.doc I. Project Description: GIve a bnef descnption of the project for which you are seekmg funds (includmg project location) How do you plan to spend the funds? Accessible community-based transportation can make a difference m a semor's ability to remam in hls/her home rather than bemg forced into an mstrtutJonal settmg before It IS medically necessary Funding IS for five hours of transportatIon services on Monday aftemoons, excludmg hohdays, for older adults and mdlVIduals with disabilities that reSide m the City of Wheat Ridge. TransportatIon will be scheduled through the SRC transportatIon office at 3227 Chase Street, in Wheat Ridge. SRC will prOVIde specialized door-to-door transportation serVIce to medical appointments, congregate meal sites, adult daycare centers, and grocery shopping, as well as other requests on a space available baSIS. SRC expects to provide 260 hours of transportation services dunng the contract period wIth fundmg received through 2005 CDBG funds. Transportation IS available on handicapped accessible buses and staff IS tramed to serve a Wide vanety of chents, all with varying needs. SRC dnvers have ceruficatJons m defenSIve drivmg, Passenger Assistance Safety and Securement (PASS), blood-born pathogens, and drug and alcohol awareness. Dnvers undergo a strict hcensing review, attend monthly safety meetIngs and are drug and alcohol tested. II. Funding: A. If one source of fundmg IS lost for thiS project, does your organization have a contmgency plan m place for thIS particular proJect? Please explam. - SRC has a diverse funding plan that includes fundmg from many sources. SpecIfically, transportatIon serVIces have estabhshed many funding partnerships and continually work to establISh new ones. Fundmg sources include Colorado Department of TransportatIon, the LMC Community Foundation, the crtJes of Wheat Ridge, Edgewater, Arvada. Westminster, Commerce City, Thornton, Federal Heights, Northglenn, and Golden, Adams and Jefferson Counties; the Jefferson County Housing Authorrty, and various CIVIC groups, foundations, churches and mdlVIduals. Last year we estabhshed new funding relationshIps wIth the Daniels Fund, Rose Community Foundation and the Gannett Foundation. We are also workmg on a specific plan to increase the number of mdiVIdual and corporate donors. This Will proVIde a new source ofunrestncted mcome that we will use to fund the mcreasmg demand for transportatIon. B IfproJect does not get 100% funding as requested m this proposal, what would be an acceptable percent alternative? CDBG funding IS an Important part of our overall finanCial plan, and we are appreciative of past support, as well as hopeful for future support. Support from the City of Wheat Ridge will help SRC contInue to provide qualIty transportatIon serVIces to seniors and person's with disabilities. We have experienced fundmg challenges because of continual mcreases in many of the essential expenses mvolved m prOVIding speclahzed door-to-door transportation. For example, msurance premIUms have increased more than five hundred percent over the last four years. The costs of bus replacement, fuel and repairs .1lIve increased as well. To continue the program, 75% funding would be acceptable. C:'My Docum<nt,'CDBGoommunilywheels04-O~\Z()()~ CDBG-HOME Municipal Proposals.doc C Complete the ProJect Budget Form (attachment l) See attached. III. Organizational Capacity: Please explain your mumclpalrtles' capacrty to manage/perform the proJect. Dunng SRC's 26 years of operatIOn, our transportatIOn program has evolved Into a national leader in developmg innovatIve solutions to provldmg transportatIon to semors. TransportatIOn IS our most requested sefVlce Last year we proVided 95,555 one-way ndes to seniors. SRC transportatIOn services have received several awards m recognItIOn of their commitment to developmg creative solutions to the difficult mobilIty problems facmg semors. The Colorado AsSOCiation of Transit Agencies honored our transportatIOn program director as the 2004 Colorado Transit Employee of the Year In addruon, SRC receIved the 2004 Community Transportation AsSOCIatIon of Amenca (CT AA) and the Beverly FoundatIOn, "Search for Innovation in Semor TransportatIOn" award. CT AA featured SRC as one of the four natIonal best practIces organIzatIOns. Also, SRC has begun a three-year project to develop, Implement, and expand a prototype volunteer driver program. When complete, thiS proJect will serve as a best practices model to be shared wIth commumtIes throughout Colorado and natIOnwide IV. Project Information Complete the Project Development Form (attachment 2) See attached. -- V. Signatures and Certification I certify that all mformatIOn proVIded m thiS grant applIcatIon IS true and complete. I understand that any false information or omiSSion may dIsqualIfy my orgamzatIOn from further conSideratIon for grant fundmg. I authonz:e the investigatIon of any or all statements contamed In thIS applicatIon and any other mformation pertment to thiS applicatIOn and my organization and Its employees, officers and board members. I have read, understand, and by my Signature, agree wIth the above statements and authonze the mvestlgation of my organIzatIon as set forth above. John Zabawa Name (please pnnt) ~ J..- ~:lc~c.. ~inature Executive Director Title II Date .; -/ I C.'My DO<:Utllcnl$'CDBGcommunttywheel.o<kl5\2005 CDBG-llOME Mumcipal Proposals.doc Proiect Budeet Form (attachment 1} PROJECT EXPENDITURES AMOUNT A. CDBG or HOME Expenditures: $13,000 235 hours of transportation - 5 hours on Monday afternoons for 52 weeks Monday holidays are excluded ( })IU, or / It)H 1: Proiect J:.\-"t'lIditure,\' S"hlotal !!IU ,,{ t'(I[(ol \'111/" I't'({Ut"/ $13,000 B. Additional Pro;ect Expenditures (not covered bv CDBG or HOME) $1,609.966 -\ddItlOnal Protect E'pendttures '1ubtotal $1,609,966 C. TOTAL PROJECT EXPENDITURES (..\+B) $1,622.966 % of CDBG or HOME Expenditures (.\/C) .08% % of Additional Project E~ 99.92% PROJECT REVENUES AMOUNT D CDBG or UO:\IE Rc\cnuc Suhtolal (if ,marucd. should cuual ,our rcuucsO $13,000 E. -\dditional Prnil.'(t Rl" l'nUt" Trustees Comorations & Individuals $15,000 Foundations & TrusJs $174,948 IndiVIduals (included above) Fees $94,000 Othcr Government $1,244,746 Othcr (which may include) $11,500 Fundraising $3,000 Volunteers $20,000 In-kind Donations $46,772 HOME Projects require a 25% non-federal funding match. List match III spaces below. N/A E .\ddItlnnal Prn!<:ct R<:\ cnuc, <"'ubtntal $1,609.966 F. TOTAL PROJECT REVENl:ES ([hE) $1,622,966 G. CDBG or HOME S oer number of Jeffco Residcnts served $88.44 Cc\'\y DocwJ1t:nt.s,CDBGoommunitvwhoelsOW'I2OO~ CDBG-HOME Municipal Proposals. doc Proiect Development Form (attachment 2~ National Goal: Benefit low and moderate income persons. 1. Problem, Need, or Situation: SRC will proVIde specialized door-to-door transportation sefVJces to help older adults and mdiVlduals wIth disabilItIes remam self-sufficient and m their homes rather than be forced Into an mstItutlonal settmg before It IS medically necessary - 2. Method of Need Identification: TransportatIOn IS our most requested service Due to lack of resources, we estImate that we turn down about ] 00 tnps per month. Expenence tells us that If a first tune nder is turned down on their first request, they seldom call back. TIus can have a senous Impact on an older adult's access to needed sefVJces as our average nder IS a frail, 75+ year old female, on a low mcome, who needs door-through-door aSSistance Often lack of transportation IS a major obstacle for seniors tryrng to mamtam both preventative and Illness specific health care. Research conducted by DRCOG m their four year plan for agmg sefVJces 2003-2007 shows that community home- based sefVJces are one of the most Important needs for semors Furthermore, research shows that a maJorIty of older adults m Jefferson County would prefer to mamtam their independence by sta m their own homes. 3. Service, Activity, or Intervention: SRC Will prOVIde five hours of transportation service on Monday afternoons, except holIdays, to older adults and mdiVlduals wIth disabilities who lIve m Wheat RIdge SpeCialIzed door-to-door transportatIOn sefVJces will be proVIded to medIcal appomtments, congregate meal SItes, adult da care centers, and roce sho m. 4. Outcome: SRC transportation sefVJces will help Improve the phYSical, mental and SOCial well-bemg of seniors by helpmg them remam m their homes and communIties while reducmg the likelihood of costly and unnecessary mstitutlonalizatlon. 5. Indicator: (Number of County reSidents to be served by requested amount offundmg) SRC plans to proVide five hours oftransportatlon sefVJces on Monday afternoons to older adults and persons wIth disabilIties livmg m Wheat RIdge dunng thIS proJect penod. SRC will proVIde a total of 235 hours of service By proVldmg 235 hours of sefVJce, SRC will reach 100% of Its goal. (Monday holidays are excluded.) 6. Measurement Tool(s): Client Satisfaction Surveys: Surveys are admInistered every other year to participants The next survey is due the end of 2004 Random Phone Evaluations: Completed randomly by staff throughout the year Informal Evaluation: Staff members regularly communicate With nders and their familIes, creating an enVIronment where clients feel comfortable m proVldmg feedback on the sefVJces they are receiVing, as well as the services they need. Driver Feedback: Dnvers offer valuable mput and evaluation of our program. When dnvers receive comments from clIents, they complete a Client Concern Form, and submrt It to the office for follow-u 7. Data Source and CoUection Procedure: The General Manager for transportation sefVJces IS responsible for transportation data which IS collected by staff on a daily baSIS and stored on a computer database A comprehenSIve file IS kept on each nder, mcludmg specific demographiCS and special needs. Daily records are kept which record the number of indiVIduals served and the type of services prOVIded. Reports are re are<! monthl , uarterl and annuall ,as needed. 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(; ~ " <Xl '" u I ] ATTAc;HIVIENT 2 " ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 13, 2004 TITLE: RESOLUTION 37-2004 REPEALING RESOLUTION NO. 23-2004 AND AMENDING THE FISCAL YEAR 2004 BUDGET FOR THE PREPARATION OF A NEIGHBORHOOD REVITALIZATION STRA TEGY o PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No City~~ EXECUTIVE SUMMARY: On January 12, 2004, City Council authorized staff, through the Community Development Block - Grant (CDBG) process, to proceed with preparation of a Neighborhood Revitalization Strategy (NRS). The goal of the NRS is to provide City Council WIth a comprehensive review of the City and to Identify strategies, alternatives, and action plans aimed at encouraging the market to develop/ redevelop the City's commercial/industrial and residential areas as well as Identify areas and programs aimed at utilizing block grant funds for rehabilitation and neighborhood programs. The Strategy will lay a strong foundation for programming to provide quality housing that integrates current residents and workers and encourages new homeownership opportumtIes; and to analyze the economic conditions, zoning requirements and creation of market feasibility analyses to develop programs that provide opportunitIes to enhance or expand business recruitment and retention activities and include programs supporting building rehabilitation Improvements. In addition, the Strategy will focus on the commercial areas north and south of the 1-70 freeway to identify public projects that will stimulate private sector redevelopment of the area along with action/implementation plans that will encourage public-private partnerships and redevelopment. The goal is to identify strategies and implementation plans that will allow the City to shape future redevelopment and position it to take full advantage of the proposed light-rail and existing planned developments surrounding the area. On September 13, 2004, City Council awarded RFP-04-026 Neighborhood Revitalization Strategy to Winston Associates in the amount of $195,000.00 with a contingency of $19,500 and adopted Resolution No. 23 amendmg the 2004 budget to reflect the transfer of$214,500 from the general fund Resolution - NRS December 13, 2004 Page 2 undesignated reserves to account 01-105-700-750. Amendment of the 2004 budget was contingent upon receiving a Community Development Block Grant. The block grant funds would have been utilized to cover the costs of the Strategy and reimbursed back to the City after initial payment for the was made. Funds reimbursed to the City were to be returned to the general fund undesignated reserve account. After initial approval by the Department of Housing and Urban Development (HUD), the Community Development Advisory Board and the County Commissioners, HUD reversed their decision to approve CDBG dollars leaving this project unfunded. COMMISSIONIBOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: Funding for preparation ofthe strategy is needed. The strategy will assist in accomplishing a number of City Council's strategic visions for the City and is, therefore, considered to be a top priority. AL TERNA TIVES CONSIDERED: Table indefinitely the preparation of the strategy. FINANCIAL IMPACT: Staff is requesting funding approval in the amount of $214,500 from the general fund undesignated reserves. This includes the proposal amount of$195,000 along with a 10% contingency in the amount of$19,500. RECOMMENDED MOTION: "I move to approve Resolution No. 37-2004 repealing Resolution 23-2004 and amending the fiscal year 2004 budget to prepare a neighborhood revitalization strategy in the amount of$195,000.00. I also move to approve a ten percent contingency in the total amount of $19,500 for this project." or, "I move to postpone indefinitely approval of Resolution No. 37-2004 repealing Resolution 23-2004 and amending the fiscal year 2004 budget to prepare a neighborhood revitalization strategy." Report Prepared by: Barbara Delgadillo, ASSistant to City Manager Attachments: 1. Resolution No. 37-2004 040913 RFP-04-026 eAF NRS RESOLUTION NO. 37 Series of 2004 A RESOLUTION REPEALING RESOLUTION NO. 23-2004 AND AMENDING THE FISCAL YEAR 2004 BUDGET TO PREPARE A NEIGHBORHOOD REVITALIZATION STRATEGY WHEREAS, the City Council recognizes the need for redevelopment and rehabilitation within the City; and WHEREAS, the City Council awarded RFP-04-026 to Winston Associates for preparation of a neighborhood revitalization strategy (NRS); and WHEREAS, the City Council must set aside funds to prepare the Strategy; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the transfer of$214,500 for preparation of the NRS from the general fund undesignated reserves to account 01-105-700- 750 and amending the 2004 fiscal year budget accordingly. DONE AND RESOLVED THIS 13th day of December 2004. Gretchen Cerveny, Mayor ATTEST: Pamela Y. Anderson, City Clerk ~TTACHMENT 1 ~......'.. ,...../ ~..... ,rlfN1@........... ."1.,11., ~..... '.... ..~..::. ......'.@,., ~ lj u; ~!&7illli< l.rdJ1.1OO\}d}{ lJ ~ CITY OF WHEAT RIDGE, COLORADO December 13. 2004 Mayor Cerveny called th~egular Ci}y Council M~ng to order ~:OO p.m. Ceuncilmembe~ present: Kar~AdamS,'Karen~errf, Jerry DiTullio, Dean Gokef," Lena Rotola, Wanda Sang; Larry SchulZ," and Mike Stjte~ Also present: City Clerk, Pamela Anderson; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF November 22. 2004 Motion by Mr. DiTullio for the approval of the Minutes of November 22, 2004, seconded by ~ carried 7--0 -- , ~ PROCLAMATIONS AND CEREMONIES 1%1 . ~l.tt'd'. Recognition of Service for Robert Howard. Mayor Cerveny recognized Robert Howard for his many years of volunteer service to the City of Wheat Ridge. Mr Howard was integrally involved in the incorporation of the City He has served in many capacities induding as a member of City Council, a long-standing member of the Board of Adjustment, and ad-hoc and advisory positions. Councilor Dean Gokey presented a plaque to Mr Howard ~(.~ ~ ')IM cJ ~~~ (/VI ~1 ~ fJ..;, CITY COUNCIL MINUTES: December 13,2004 ~~ /" // // / / CITIZENS' RIGHT TO SPEAK --- ~~ UlI~s-e-~ J cL's~tkJ; ~ ~ ttL..~ Page -2- --------; -_.- /~ Ml.k-- r~ . iQ vM01~c ~tl'~ \ ~ CITY COUNCIL MINUTES: December 13, 2004 Page -3- APPROVAL OF AGENDA Item 1. Consent Agenda: A. Award RFB-04-038 Forestry Maintenance Services to various firms in the total amount of $78,400 00 B Award RFB-04-042 Vehicle Lease/Police C RESOLUTION 32-2004 AMENDING THE FISCAL YEAR 2004 POLICE INVESTIGATION FUND (17) BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION FOR THE PURCHASE OF AN ELECTRONIC FINGER PRINTING AND PALM PRINTING (LIVE SCAN SYSTEM). D RESOLUTION 36-2004 HONORING THE VIETNAMESE-AMERICAN COMMUNITY E. RESOLUTION 33-2004 LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2004, TO HELP DEFRAY THE COSTS OF ~( GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR ~ THE 2005 BUDGET YEAR F. Cancellation of Study Session of December 20,2004 and City Council ~ Meeting scheduled for Monday, December 27, 2004 G RESOLUTION 34-2004 PROVIDING TAX INCENTIVES TO THE COORS BREWING COMPANY FOR THE MODERNIZATION OF THE COORS BOTTLING FACILITY IN THE CITY OF WHEAT RIDGE. H RESOLUTION 35 -2004 CLOSING THE BAUGH HOUSE FUND. I. Approval of Final Plat for Arvada Ridge Development in the City of Arvada. J. Appointment of Murray, Dahl, Kuechenmeister and Renaud as City Attorney K Appointments to Building Code Advisory Board. Consent Agenda was introduced by Mr DiT~~iO . ~ Motion by Mr DiTullio to approve the ConsentAgeoda; seconded by ~ If -{) , CITY COUNCIL MINUTES: December 13, 2004 Page -4- ..------- / / // / / PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 23-2004 AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO TO PLANNED HOSPITAL DISTRICT FOR PROPERTIES LOCATED AT 8301 AND 8321 WEST 32ND AVENUE, AND THE AREA LABELED AS "TRACT A" ON THE EXEMPLA LUTHERAN HOSPICE OUTLINE DEVELOPMENT PLAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO WZ-04-07/EXEMPLA) Council Bill 23-2004 was introduced on second reading by Mr Stites City Clerk Pam Anderson n~aEl tl;e Qxectlti\f'" <:llmm::l.ry-efld assigned Ordinance No \33 b . C{~:f~ T........,.~ C~ ~~ ~ b~ r41liY I-:- "\ - . ~ 3 ~6 Motion by Mr Stites to approve Council Bill 23-2004 (Ordinance No \ ) Case No WZ- 04-07, to take effect 15 days after final publication, for the following reasons 1 The change in zone, while not in conformance with the City of Wheat Ridge Comprehensive Plan future land use designation, will provide a harmonious transition between the existing hospital and existing residential properties 2. The proposed use is compatible with the surrounding area, and will provide a beneficial service to the citizens and patients of the Exempla Hospital facility 3 The change of zone will not adversely affect the public health, safety or welfare, seconded by l' iT vJJ, 0- carried 8 - 0 . ~ 1181-1 tr PaAr1 {' J tl f)' l i ~ I ~ \'t\~~ .:.A- ~ +~t"ll'1 uP. M~ ~~~ CITY COUNCIL MINUTES: December 13,2004 Page -5- Item 3. COUNCIL BILL 22-2004 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTIONS 5-76, 5-78, 5-79 AND 5-82 TO ADOPT THE 2003 INTERNATIONAL CODES WITH AMENDMENTS AND ADOPTING SECTIONS 5-84, 5-85, 5-86 AND 5-87 TO ADOPT THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE, 2003 INTERNATIONAL RESIDENTIAL CODE, 2003 INTERNATIONAL FIRE CODE, AND 2003 INTERNATIONAL FUEL GAS CODE WITH AMENDMENTS t \)i: \>.\\\ Council Bill 22-2004 was introduced on second reading by Mr ~. City Clerk Pam Anderson read the executive summary and assigned Ordinance No I -3:-3. '+=.:. Motion by Mr .w~~ approve Council Bill 22-2004 (Ordinance No \3S)~d that it take effect 15 days after final publication, seconAed by ~AA.AA. earned l- J J ~ ~~. ~nY(r r wcl \Zoot- I c:."1 ~l~ ~ Dth-uJ) "",,*.c ~ 9.kfj... ~~~. / ~ r\v. ~ ";,[\ ~ k ':wrf~ --ft,.." ~. ~ lv.. ~ ~ c...c1 ~~ ~0.d C'\..W' cG-, ~k.- ~~~ ~v~V;~~V-(A-j(.<.n ~,_ct--...~ CITY COUNCIL MINUTES: December 13,2004 Page -6- Item 4. COUNCIL BILL 24-2004 AN ORDINANCE AMENDING CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE SALES AND USE TAX. Council Bill 24-2004 was introduced on second reading by Mrs Adams City Clerk Pam Anderson r:ead the executi"e C:llmmQ')' ana assigned Ordinance No l-S 33" Motion by Mrs Adams to approve Council Bill 24-2004 (Ordinance No \338' on second reading and that it take effect January 1, 2005, seconded by ~..u.Qv carried 8"""'0. ~. - 0 *&~ ~ ~ ~ ~,) iL ~~\t ~y~T tM~ I~l-W-' CITY COUNCIL MINUTES: December 13,2004 Page -7. Item 5. Public Hearing on request for the approval of a Special Use Permit to allow for a dog day care facility on a-2 (Agricultural Two) zoned property located at 4322 & 4330 Xenon Street (SUP-04-05) (Grosse) Item 5 was Introduced by ~. ,City Clerk Pam Anderson read the executive summary ~':AN? Motion by MN. sQw~ to approve Case No SUP-04-05 for the following reasons 1 The dog day care facility will create minimal impacts upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use 2. The dog day care facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use 3 The impacts of the dog day care facility can be minimized by staff's recommended conditions of approval 4 The approval of the dog day care facility will provide an incentive to occupy and rehabilitate vacant and relatively unmaintained property With the following conditions 1 The property shall be utilized in accordance with Exhibit 1 (Letter of RequesUOperational Description) and Exhibit 2, (Site Plan) 2. All outside dog runs shall be surrounded by a six foot solid fence so that the interior of the outside dog run is not visible from public streets or adjacent properties 3 There shall be no overnight boarding of any of the dogs 4 There shall be no selling of any animals on the premises 5 Business hours shall be between 7 00 a.m. and 9'00 p m. Monday through Saturday 6 Multiple documented complaints about barking dogs shall be grounds for invoking the enforcement procedures of Section 26-114( F) of the Code of Laws 7 The applicants shall file a consolidation plat for the properties located at 4322 and 4330 Xenon with the Community Development Department within one month of approval of the Special Use Permit. 8 The grant of .Y;'e shall be a personal grant to the applicant and may not be inherited; seconded by; \L.o ~ It'1 carried 7- I {).j I () ,Tvt/llo f{J(}J. ~~ ~y+ / ~~ ~~~ ~~,d --K- ~rH- "1evr- + ~ .'k.". ~ All ~dtrl~'W\. ev ~-+. I~ cms.e G ~v~~ ~i ~ q ~ ~fl~-trM...,' I HJ Ch-o~~. ~ A. lW tT~ ~ ~ tc"h-;J~ ~ V\..\lw 4-2\ q <f.CWN-- 'S'\1u;t JeJ'wYuoR 1M, -!<wv +0 My S~ \?~ S'~ I v~~I~ vtt~ ~ ti:.\lav '~ 'i ~ t14L 4:1A q y~ S~ . ~'1 ~~. 'r'~ ,~ -t --------- +hl>\i uL ~ "i3:J""'rt,,,,^- ~- ~ // XL,\"",t ~ ~".X.k " S~;S ~6 rt. ~ \-<AcA(~, ~~t:c6- ~r C<J"'\l*''"'v- ~ k ~\l~ \'1 A . n ' os. 't1 ~"" 1-1-~ I .;, c) IJJM.U-' '< ~? ~ ~,~ -GI>l- "i-o(!Jw1- L....... '\- 'vv><.~ _ k "1jC ~ p, cL<''''''h c{ ~v L: o-<-? ~J-vb~' 'L 1-0 tr~ ~\.- 4- ~ fW^-" -\-.~ ~. v 'flA"~ 61. w L0vJ~'-S\r-. _ ~ t~v'" \'o.l\o. '01u _ willi ~ .~u--0y: i \ib"'Z ~ ~DV -{I... ~f'''o \j.JMy '1M ,ks "if' _ ~~ fT>'~ ; 4-"IS- \Y'~~~ . ~ WO'fwr ~ ~~-t ~ _ ~ Ke."'Cl.eJl: 4cl,1l y~ . ,VJ D\:J'#~ +-rk ""~ (,v\< {)V' wJJ ~, ' . Vi...... LPY'dOIl\" ~ foVyIW · J,."..t- d -(k- ~ .~ .s;.,r \'Nfl'''' v't ~ ~"","J. CITY COUNCIL MINUTES: December 13,2004 Page .8. (A,.,lk()JWJJ f?,0'f)(~' ~ ~1> ~~ V'~vviO "~~6 rTS ~{Wrr~ t~~l- ~?~O 4-~6'O 459J ~\, b .h \~ ~\A.Q-1~()VwA. I ( r ~ ~"'''1L4",itJ ~ ~.' ~O+5 ~'~:> {kt -\{.- ~'-' ""t{ k. 0 f ~ c..G"'(f J /u 1Le (F,f - ~ ~5<>1--'" (l.'2"1D \.<I, 4-ZJ:rE~~~{~~~~k ./(" .- ~AtjVc~F;-GJCA :,~15 X4vrvt. r~f:...d{ t c..k.9;J.P~L~~ ~,r}' ~ D{ JP'1 ~..tl,.~. I1M1I!!J tt:- i.\ C.0~V ~ ~.O-- '! v=- . f1..,~ - . It 6. Public'1learing on 20'05-2006 Community Development ~ock Grant . \ _.J.N'"' Allocations cr'1J..\J' ,L C\','ry ~: Item 6 was introduced by Mrs Rotola. Pam Anderson r/e~d the executive summary ~.l(lI\... \-0 ^<<i'WV'- <6t71.-K- t ~ ~ cv;uTI"- Motion by ~ to award 15% of the jurisdictional allocation to the non-profit service agencies with the remaining 85% awarded toward Phase II of the street and pedestrian improvements of area bounded by 46th Avenue and 1-70, Estes through Carr Streets, sec~nded by ~(l,.. D^ '" ~ r't71.u..uv. earned l/VV'"""'" ( / ~ - 0 ~ ~ ~\V&Q j ~J: . ILJ. . -t. IJ~C~ ~ ~~ CtllucP\~lM.. '?~~t at ~~ Tk~~Jl-1c_) ~~3;JeN ~ 0t:>6G- ot;~~~ rg-- 0 . V 9-1'-'1<1_ ~ CITY COUNCIL MINUTES: December 13, 2004 Page -9- DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. RESOLUTION 37-2004 NEIGHBORHOOD REVITALIZATION STRATEGY (NRS) J..r .. Resolution 37-2004, was introduced by ~ . Vtvvvt ~ ~ ~ ..u~tw:.. - .~~ ~~ Motion b~ to approve Resolution 37-2004 repealing Resolution 23-2004 and amending the fiscal year 2004 budget to prepare a neighborhood revitalization strategy in the amount of $195,000 00 He/she also moved to approve a ten percent contingenc. y in th~otal amount of $19,500 for this project; Seconded by carried ~ -1) .. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS Motion by ~o schedule a Special City Council Meeting for 5 00 P m. on Monday, December 20, 2004, to be posted at the Municipal Building and published in the newspaper of record, Seconded by , carried CITY COUNCIL MINUTES: December 13, 2004 Page -10- ct(,~ ~~ r^ ' Meeting adjourned at p m. Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON January 10, 2005 BY A VOTE OF _ to _ Wanda Sang, Council President The preceding Minutes were prepared according to !347 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions c. 6, Q.G - )..()OI.{- O~'()l \~ \~q Q-,~_S . 3 '8 - :200 If ~. ~;t1- l Pt<-0' 'iX-r- ~ ~cfl ~ ~~~~ ~: ~~ ~; ;r",lli...' C;ty Tt -i" ~ tf-ti l'"~ P ~w*i~ "(5rM- ~;J ~ -" .:-0 v..$(> r~t- to :r;~tiowS wI\{ ~ ~ ~ ~ 0"; 'h ~ ..(!g,,~ <Ii . 1-~P ~ ~ '. 1a~- ~ 8 ~' ~-v. ~,,~ ~ 7~-1- ~-r',J>>' W1~ . .-./ '0J:.V\ \-- ~~ ~ . -z.. :; ""Jv<%i '" ~. Q - r',..d , ". ~t>'8 prd -ifl""J: ~ "" ~ '1'. /'f'.& t ~. ~. J ~vvI;r ~ f'H',}bJvJ ~ -' h . "-'k-\^L <i,d;S\l)v-" J V;\tA~ \t'O' 0 'v_-/ f1M<- 3~l S'~ ~ ~ Kt/tlbv ~ J ~ ~/ '6'0 . n ~?- Zr;- -.' CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.5. PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'rY COUNCIL CASE NO. COUNCIL BILL NO. TITLE: Public Hearing on request for the approval of a Special Use Permit to allow for a dog day care facility on a-2 (Agricultural Two) zoned property located at 4322 & 4330 Xenon Street (SUP-04-05) (Grosse) YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED /1,y/j ') vlv"t{",,. w..,y v V / /( x r 'N\\\\-{~ he., 9- L-( J- "Yo... ~ t-{3 J C (;y 'f-'< v' / v' ><- /' k J /' (j V ~ ./ I ~~ , ./ / '\ I\, V I v.-\- C OF PAGEl t. -" ,/ >( V . C Nr'/-.:SC 5 T ~ , ".' '.1. /.1. i/ 5~S(~.~U I' "L-I- . )(Li..J.c;.u../ J-r 1/1- ---~-- \ -e ';I .' J{ ~'f! \ 1-\01&- , ~ - '?f";;L~\d\\~ ~ j^' :f'(,t~~l' '\ II, ~ A .' n " It 'tk ... i' r~~ .\", IF YOU IlilEED MORE ROOM PLEASE CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.6. PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'l"Y COUNCIL CASE NO. TITLE: COUNCIL BILL NO. PUBLIC HEARING ON 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS CHECK IN FAVOR OPPOSED v IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE 1