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HomeMy WebLinkAbout10/22/2001 October 22, 2001 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards Odarka Figlus, Harry Hanley, Ralph Mancinelli, Janelle Shaver Dean Gokey, and Claudia Worth Also present: City Clerk, Wanda Sang, City Manager Scott Staples, City Attorney, Gerald Dahl, Director of Planning, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF October 8,2001 Mayor declared the Minutes approved as published PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the following proclamations Physical Therapy Month - October 2001 National Breast Cancer Awareness Month - October 2001 Wheat Ridge Hospice Month - November 2001 CITIZENS' RIGHT TO SPEAK Moe Keller, Nancy Snow, Genie Merkle, Don Lancaster, were all present to recognize that this was the last evening that Claudia Worth would be on City Council They gave a small plaque to Claudia for all her years of service They also presented her with a cookie jar rooster Floyd Palmer, 4670 Webster Street, griped about our filthy Rec Center' he caught a staph infection that lasted 2 months, he has seen 3 doctors and still has it; they say they clean that place up, but he has never seen anyone clean anything This is a bad reflection on the City of Wheat Ridge, he has paid $200 00 to get an infection like this and it's ludicrous CITY COUNCIL MINUTES October 22, 2001 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Public Hearing for Resolution 25-2001 - approving the Redevelopment Plan for the 38th Avenue Corridor Redevelopment Area Resolution 25-2001 was introduced by Mr Mancinelli who also read the title summary and background Planning Director, Alan White introduced consultants Terry Ware, who prepared the 38th Avenue and Wadsworth plans, his firm also prepared blight studies Art Anderson prepared the plan for the 44th & Ward area and he prepared the blight study for the 44th and Ward area Terry Ware, presented the findings and recommendations on the 38th Avenue Corridor Redevelopment plan and referred to Mr Windholz' memo of October 22 2001 which recommended revisions Jim Windholz, attorney for Wheat Ridge Urban Renewal Authority, asked Mr Ware if there was anything about this plan that would affect the Wheat Ridge Streetscape Project or if it would complement it. Mr Ware stated it would complement it. Mr Windholz asked if relocation and compensation was addressed in this plan Mr Ware stated yes Mr Windholz requested that Planning Commission Resolution 02 would be made part of the record for this plan Mr Windholz asked Mr White if notice of this meeting had been provided at least 30 days before this hearing with all the requirements of the Urban Renewal Law included and also property owners, residents and business owners in this area, as well as an impact statement to the Jefferson County Commissioners and Jefferson County School District Superintendent. Mr White stated yes All these items were made part of the record for this hearing Louise Turner, 11256 West 38th Avenue found many disturbing items in this plan, declaration of blight, pretense of blight, formation of more urban renewal areas and the powers that go with them, including condemnation, the issuance of bonds and the length of time that they extend Why does Wheat Ridge have to be redeveloped into something else This seems to be a push for growth People live in Wheat Ridge because they like it. Marilyn Force, member of Urban Redevelopment Authority stated that 38th Avenue is an enhancement plan, not to give new structure to the City' bonds are sold so that everybody can invest in their community CITY COUNCIL MINUTES October 22, 2001 Page - 3 - Mr Windholz read proposed changes into the record They are mainly administerial changes and the only substantive change in here is that we have deleted the section regarding the utilization of tax increment financing at this time We have merely provided for the opportunity to use tax increment financing if and when the opportunity is necessary if and when a project is provided to us and it will come back to Council for a modification to the plan with a public process Rather than the maps there will be a full legal description of the area provided attached to the plan Virtually everything else is just to comply with very specific provisions of the Statute that do not change any substantive provisions of the plan Motion by Mr Mancinelli to adopt Resolution 25-2001 a resolution approving the Redevelopment Plan for the 38th Avenue Corridor Redevelopment Area, subject to the changes in the plan described in the memorandum from Jim Windholz, dated October 22, 2001 to the Mayor and City Council, and also subject to the changes in Resolution 25-2001 described in Mr Windholz same memorandum Mr Windholz' memorandum is to be made part of the record and included in the Minutes of the City Council Meeting, seconded by Mr DiTullio, carried 7-1 with Ms Figlus voting no Ms Figlus respects the work of the Urban Renewal Authority but she has a philosophical problem with the use of eminent domain and not having Council review it. Item 2. Public Hearing for Resolution 26-2001 - approving the Redevelopment Plan for the Wadsworth Boulevard Corridor Redevelopment Area Resolution 26-2001 was introduced by Mr Edwards, who also read the title Terry Ware presented the Wadsworth Boulevard Corridor Redevelopment plan Jim Windholz attorney for Wheat Ridge Urban Renewal Authority, asked Mr Ware if the plan provides for opportunities by the Authority to provide for the relocation of individuals and/or business interests which may be relocated in the event there is a re-development project or utilization of the re-development process Mr Ware stated yes Mr Windholz asked if it provides for an opportunity for those individuals and businesses to be relocated either within the City or in an area that is in as good a condition as now exists at their present locations Mr Ware stated yes Mr Windholz asked if it provides for an opportunity for businesses to realize perhaps the loss of profits or the loss of good will related to the relocation process Mr Ware replied yes Mr Windholz asked if it provides that relocation cannot be affected until and unless the Authority has developed a relocation plan which complies with all of these requirements of the Urban Renewal Law Mr Ware replied yes CITY COUNCIL MINUTES October 22, 2001 Page - 4 - Mr Windholz asked Mr White if notice of this meeting had been provided at least 30 days before this hearing with all the requirements of the Urban Renewal Law included and also property owners, residents and business owners in this area, as well as an impact statement to Jefferson County Commissioners and Jefferson County School District Superintendent. Mr White stated yes He asked Mr White if this plan was in compliance with the Wheat Ridge Comprehensive Plan Mr White stated yes Was a meeting held by the Planning Commission to consider this Urban Renewal plan Mr White stated yes Did the Planning Commission find this plan to be in compliance with the Comp Plan Mr White replied yes Did they adopt Resolution 01-2001 to this effect. Answer was yes Copy has been provided to the City Council He asked that the Resolution be made part of the record for this hearing Mr Windholz again referred to his memo of October 22, 2001, that is attached to these Minutes as part of the record, as well as the impact statement to Jefferson County Commissioners and Superintendent of schools Shaun Pearman, owner of Wardle Feed Building, wondered if the historical significance of this building was taken into consideration, hoped that existing businesses would be given preference in this redevelopment plan Rick Scheurer, attorney representing Auto Nation Ford Dealership, asked for clarification on approval process of application currently under review Mr White replied that this application was not under the redevelopment plan Todd Hammond, business owner in the area in question, stated that he has been treated very well by the City; he asked a variety of questions Dennis Hockman, owns a property at 7661 West 41st Avenue, and 7685 West 41st Avenue, asked questions regarding the redevelopment plan Motion by Mrs Shaver to adopt Resolution 26-2001 a resolution approving the redevelopment plan for the Wadsworth Boulevard Corridor Redevelopment Area with the changes suggested in Mr Windholz memo attached to these Minutes, seconded by Mr Edwards, carried 7-1 with Ms Figlus voting no Item 3. Public Hearing for Resolution 27-2001 - approving the Redevelopment Plan for the West 44th Avenue/Ward Road Redevelopment Area Resolution 27-2001 was introduced by Mrs Worth who also read the title, summary and background CITY COUNCIL MINUTES October 22, 2001 Page - 5 - Art Anderson presented the West 44th AvenuelWard Road Redevelopment Plan He stated that this is a tool to get things done there are currently no plans for this area Mr Dahl asked Ms Figlus for the record if she was in attendance briefly in a meeting with the Urban Renewal Authority where this plan was considered, she stated yes He asked if Ms Figlus would be able to render an impartial decision on the plan presented for Council tonight. Ms Figlus stated yes Mr Windholz asked Mr Anderson to give Council an estimate of time when something would happen, Mr Anderson stated that based on today's economic conditions CDOT's budget, we are looking at a 15-year time frame He asked if the Urban Renewal had been given the opportunity to prepare relocation plans or policies in the event there is ever relocation of any individuals or businesses from this redevelopment area Mr Anderson stated this was in the plan Mr Windholz asked Mr White if notice of this meeting had been provided at least 30 days before this hearing with all the requirements of the Urban Renewal Law included and also property owners, residents and business owners in this area, as well as an impact statement to Jefferson County Commissioners and Jefferson County School District Superintendent. Mr White stated yes Mr Windholz entered all these items into the record Planning Commission Resolution 01-2001 was entered into the record He also referred to his memorandum of October 22, 2001, which had some revisions to this plan, and made this part of the record Janice Thompson, she has resided in this area for 43 years, she stated we are losing millions of dollars by not using this land, crime occurs because of the blighted area, asked that residential areas be taken into consideration when this area is developed Urban Renewal is our only hope to redevelop this area, that is not done in piecemeal fashion She asked that Council put this as top priority for the 3 plans before them because the revenue that can be generated in this area, far exceeds the revenue that can be generated in the other areas Diane Christensen, questioned the traffic coming off 1-70, especially the tractor/trailer traffic. Mayor Cerveny stated that this has nothing to do with the Urban Renewal Plan but is something the Colorado Department of Transportation is working on Todd Hammond questioned our traffic patterns on 44th Avenue Kent Young, owner of Cats Paw Kennel questioned expanding businesses, his property is not even in the plan Mayor Cerveny stated that we are only addressing the plan tonight, not areas that are not in the plan CITY COUNCIL MINUTES October 22, 2001 Page - 6 - Motion by Mrs Worth to adopt Resolution 27-2001, a resolution approving the Redevelopment Plan for the 44th Avenue/Ward Road Redevelopment Area, subject to the changes in the plan described in the memorandum from Jim Windholz, dated October 22, 2001 and also subject to the changes in Resolution 27-2001, described in Mr Windholz' same memorandum Mr Windholz memorandum is to be made a part of the record and included in the Minutes of this Council Meeting, seconded by Mr DiTullio, carried 7-1 with Ms Figlus voting no Item 4. Council Bill 18-2001 - An Ordinance revising Compensation for Certain Council Members Council Bill 18-2001 was introduced on second reading by Ms Figlus, who also read the title, summary and background Clerk assigned Ordinance 1230 Motion by Ms Figlus to adopt Council Bill 18-2001 (Ordinance 1230) on second reading, increasing the compensation for elected officials who begin new terms of office after the November 6,2001 election to $7,200 per year; seconded by Mr DiTullio, Motion by Mr Mancinelli for an amendment to strike the amount $7, 200 and insert the amount $6,000 per year; seconded by Mr Gokey' tied 4-4 with Councilmembers Gokey, Shaver, Mancinelli, and Edwards voting yes Mayor broke the tie by voting no Motion failed 5-4 Vote on original motion tied 4-4 with Councilmembers Gokey, Edwards, Shaver, and Mancinelli voting no Mayor broke the tie by voting yes Motion carried 5-4 Item 5. Council Bill 22-2001 - An Ordinance amending Chapter 16 of the Wheat Ridge Code of Laws by amending Article X concerning Massage Parlors and by the addition of Article XI concerning Massage Therapy Practice Council Bill 22-2001 was introduced on second reading by Mr DiTullio, who also read the title summary and background Clerk assigned Ordinance No 1231 Motion by Mr DiTullio to adopt Council Bill 22-2001 (Ordinance 1231) on second reading, seconded by Ms Figlus, carried 8-0 CITY COUNCIL MINUTES October 22, 2001 Page - 7 - ORDINANCES ON FIRST READING Item 6. Council Bill 24-2001 - An Ordinance amending Subsection (D) of Section 16-179 of the Code of Laws of the City of Wheat Ridge, Colorado, to cure inconsistencies within Section 16-179 concerning the curfew hours for Juveniles between sixteen and eighteen years of age Council Bill 24-2001 was introduced on first reading by Mr Mancinelli, who also read the title summary and background Motion by Mr Mancinelli that Council Bill 24-2001 be approved on first reading, ordered published, public hearing be set for Monday, December 10, 2001 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Edwards, carried 8-0 Item 7. Council Bill 25-2001 - An Ordinance amending Section 16-43 of the Code of Laws of the City of Wheat Ridge, Colorado concerning Criminal Mischief Council Bill 25-2001 was introduced on first reading by Mr DiTullio who also read the title, summary and background Motion by Mr DiTullio that Council Bill 25-2001 be approved on first reading, ordered published, public hearing be set for Monday, December 10, 2001 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Edwards, carried 7-1 with Mrs Worth voting no Item 8. Council Bill 26-2001 - An Ordinance providing for the approval of a rezoning from Restricted Commercial and Commercial-One to a Planned Commercial Development and approval of a preliminary Development Plan and Plat for property located at 12700 West 32nd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-01-05) (Semper Development for Walgreens) Council Bill 26-2001 was introduced on first reading by Mrs Shaver who also read the title summary and background CITY COUNCIL MINUTES October 22, 2001 Page - 8 - Motion by Mrs Shaver that Council Bill 26-2001 be approved on first reading, ordered published, public hearing be set for Monday November 26, 2001 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Mancinelli carried 8-0 DECISIONS, RESOLUTIONS. AND MOTIONS Item 9. Resolution 28-2001 - declaring the intent of the City of Wheat Ridge to acquire permanent easements for the specified public purpose of improving pedestrian facilities and safety further continuance of good faith negotiations to acquire said property interest, and authorization to initiate an action in eminent domain to acquire said property in the event good faith negotiations do not result in an agreement to acquire said property interest. Resolution 28-2001 was introduced by Mr Edwards, who also read the title, summary and gave background for the reason of passing this Resolution Motion by Mr Edwards for adoption of Resolution 28-2001, seconded by Mr DiTullio, carried 8-0 Item 10. Bid Award RFB 01 053 - 38th Avenue Pilot Project between Harlan Street and Sheridan Boulevard to Goodland Construction in the total amount of $1,815,940 97 and to approve other miscellaneous costs contingency, and transfer Motion by Mr Mancinelli that the 38th Avenue Pilot Project be awarded to Goodland Construction in the amount of their bid of $1 ,815,94097 I further move that a force account and contingency be established in the amount of $603,188 00 I further move to transfer $357,129 from Acct. No 30-303-800-850 to Acct. No 30-303-800-855 I further move that $167,360 in CDBG funds from Acct. No 30-303-800-858 be authorized to be spent on street- scape elements to various venders I further move that the Director of Public Works be authorized to sign change orders up to the total amount of the contract and force account- contingency in the amount of $2419,12897 I further move that funds be encumbered for the length of the project in accordance with Ordinance 787 1989 Series, seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES October 22, 2001 Page - 9 - Item 11. Motion to hold the first Regular Council Meeting in November on November 13, 2001 Mr DiTullio explained that the First Regular Meeting in November falls on Veterans Day which is a City Holiday Motion by Mr DiTullio to re-schedule the November 12 City Council Meeting to November 13, seconded by Mr Mancinelli, carried 8-0 Item 12. Motion by Mr DiTullio to schedule a City Council Retreat at the Richards Hart Estate on Saturday, November 17 2001 from 9'00 a.m to 1200 P m to discuss the City Manager search, seconded by Ms Figlus Motion by Mr Mancinelli to amend to strike the word "retreat" and change it to "meeting", seconded by Mrs Shaver; carried 8-0 Motion as amended carried 8-0 Item 13. CONSENT AGENDA. A. Award of bid for finish of Recreation Center space for use as fitness testing room and massage room B Approval of City expenditures over $5,000 C Reimbursement to the City of Lakewood for the design and construction of the new Chester Portsmith Playground as approved in the 2001 budget in the amount of $40,000 D Motion to transfer $2,493 70 from the General Fund Unallocated to 01-108- 700-75, Professional Services, to pay for codification of Ordinances E Motion to approve RFP#01-060 Municipal Judge services CITY COUNCIL MINUTES October 22, 2001 Page - 10 - F Resolution 29-2001 - accepting excess Sales Tax Revenue from the Urban Renewal Authority and earmarking said funds for the 38th Avenue Streetscape Project. Mrs Worth introduced and read the Consent Agenda She asked to pull E Mrs Shaver asked to pull A. and C Motion by Mrs Worth to approve Items B D F seconded by Mr DiTullio, carried 8-0 A. Motion by Mrs Shaver to award the construction bid for finish of the fitness testing and massage room to Minnkota Contracting LLC in the amount of $6,562 to be charged to Acct. No 61-602-800-801 I further move that a contingency in the amount of $656 be charged to Acct. No 61-602-800-801 seconded by Mr Mancinelli, carried 7-1 with Mrs Worth voting no C. Mrs Shaver read a letter she received in December 1999 from a 1 O-year old boy asking for a better playground at Chester Portsmith Park. The playground was constructed this Summer and this is Wheat Ridge's share for paying for the equipment. Motion by Mrs Shaver to approve C , seconded by Ms Figlus, carried 8-0 ~ Motion by Mr Edwards for approval of E , seconded by Mrs Shaver; carried 6-2 with Mrs Worth and Mr Hanley voting no Mrs Worth feels we are putting the cart before the horse The presiding judge should have some input as to who his associate judge will be COUNCIL COMMITTEE REPORTS Vance Edwards - Public Works Advisory Committee - everything that needs to be done for the process of the Streetscape Project has been done Groundbreaking should start in January CITY MANAGER'S MATTERS Scott Staples gave update on ongoing projects CITY ATTORNEY'S MATTERS Motion by Mrs Shaver to direct the City Attorney to arrange for temporary Municipal Judge coverage as necessary to keep the Court fully staffed, seconded by Mrs Worth carried 8-0 CITY COUNCIL MINUTES October 22, 2001 ELECTED OFFICIALS MATTERS Page - 11 - Mrs Worth asked for consensus that Mr DiTullio tape a presentation for City Council/Manager form of government and that it be played on Channel 8 He gave this presentation at a town meeting and it was very informative and impressive Consensus was 8 in favor Mrs Worth thanked the citizens of Wheat Ridge for letting her serve them for the last 28 years on different Boards and Commissions and Council Councilmembers thanked Claudia for her years of service Mr DiTullio gave Housing Authority update - they had the closing on the 14 unit complex on Quail Jeffco Housing Authority will meet with the tenants and see if they want to buy their unit; they have first choice Mr Mancinelli asked for consensus to have the Council President set up a Council retreat sometime in January or February He wants to discuss setting up some type of job evaluation for City Manager, City Attorney and Judges Consensus was 8 in favor Meeting adjourned at 10 54 P m (. Wanda Sang, Cit lerk APPROVED BY CITY COUNCIL ON NOVEMBER 13 2001 BY A VOTE OF 6 TO 0 I ~ --- ./ 11; l .1\\AZ'.H ;. I \ ,v -, .. Jer1 DiT lio, 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 · Attachment to Minutes - Memorandum from Jim Windholz dated 10/22/2001 WINDHOL:::: &:: ASSOCIATES ATTOR.'\lEYS AT L\W 1650 38TH STREET SLUE 103 WEST BOULDER. COLOR.-\DO 80301 .JAMES A WIN]'I-IOL:. P C DA VlJ) S. WILLIAMSON WIlliAM P HAlASHI Telephone: \,03) 44,- 3100 Fax: (303) 443-783'1 MEMORANDUM TO Mayor & City Council, City of Wheat Ridge FROM. Jim Windholz DATE October 22, 2001 RE URBAN RENEWAL (REDEVELOPMENT) PLANS The consultant s attorney and WURA s bond counsel have reviewed the proposed plans and documents, conferred with me and provided suggested revisions to the Plans and Resolutions. The Planning Commission has also recommended revision to the 44th Avenue/Ward Road Plan to assure compliance wIth the ComprehenSIve Plan. Therefore, I recommend the following revisions to the proposed Plans and Resolutions for vour consideratIOn. The Wadsworth Boulevard Corridor Redevelopment Plan At the end of the first paragraph of Section 1 1 add the following sentence 'The term "Redevelopment ~rea" shall have the same meanmg as "urban renewal area" in Section 31-25-103(8) C.R.S of the Urban Renewal Law" ') Change Section 2.3 to provide as follows. '2.3 Urban Renewal Project. Based on the existence of blight, the Redevelopment Area is appropriate for authonzed undertakmgs and activItIes of the Authority pursuant to the Urban Renewal Law" Delete the entire second paragraph of Section 2.3 3 Add the followmg sentence to Section 3 4 A legal description of the Plan Area is included in thIS Plan. 4 Change the tItle of SectlOn 4 0 to read "Redevelopment ActlVltIes 5 Change the tItle of SectlOn 5 0 to read 'Project Financing" 6 Delete SectlOn 5 1 a. regarding Tax Increment Fmancing (TIF) m Its entIrety Change the title of SectlOn 5 1 b to read 'PotentIal UtihzatlOn of TIF" 7 At the end of the first paragraph of SectIOn 6 0 add the followmg sentence 'The Authority in cooperation with and at the directIOn and gUIdance of the City shall adopt such refinements and revisions to this Plan related to the general land use concept." The 38th Avenue Corridor Redevelopment Plan At the end of the first paragraph of Section 1 1 add the followmg sentence: 'The term 'Redevelopment Area" shall have the same meamng as urban renewal area in SectIon 31-25-103(8) C.R.S of the Urban Renewal Law 2. Change SectIOn 2.3 to proVIde as follows '2.3 Urban Renewal Project. Based on the evidence of blight, the Redevelopment Area is appropnate for authonzed undertaklllgs and actIvItIes of the Authority, pursuant to the Urban Renewal Law Delete the entIre second paragraph of Section 2.3 3 Add the following sentence to SectIon 3.3 "A legal descnptlOn of the Plan Area IS included III thIS Plan." 4 Change the tItle of Section 4 0 to read "Redevelopment Activities." 5 Change the title of Section 5 0 to read "Project Fmancing. 6 Delete Section 5 1 a. regardmg Tax Increment Financing (TIF) m its entirety Change the title of SectIon 5 I b. to read "PotentIal Utilization of TIF 7 At the end of the first paragraph of SectIon 6 0 add the followmg sentence 'The Authority III cooperatIon WIth and at the direction and guidance ofthe City shall adopt such refinements and revisions to tillS Plan related to the general land use concept." 2 West 44th AvenueIWard Road Redevelopment Plan 1 In SectiOn II, change the first sentence to provIde as follows. Reference to the redevelopment plan herem shall be and mean the same as the urban renewal plan as provIded m Section 31-25-103(9) C.R.S of the Act. The Urban Renewal (Redevelopment) Plan (Plan) for the Area located m the vlcinitv of West 44th Avenue and Ward Road has been developed to achIeve, by the illustration, the followmg purposes Add a paragraph L to SectIOn II as follows 'L Engage m all undertakIngs and actlVlties in compliance with the Act." 2. In SectIon III delete in Its entirety the follOWIng "bullet" 'LimIt mdustry to the development of light mdustry that will add to the tax base and provIde Jobs for local residents. 3 In Section IV A., page 6, change the last paragraph entitled "NeIghborhood Commercial" to provide as follows: Small Office/Business Center The western end of the Area has a large volume of through traffic from Youngfield and Ward Roads to 1-70 ThIs area should be designated as small office/busIness center to encourage development of small businesses, offices, research and development, or laboratory space that may have a retail component." The accompanymg land use map on page 7 should be changed to designate 'Small Office/Business Center land uses at the twd sites proposed as 'Neighborhood CommerclUl 4 Under Section VII F., delete the last sentence In Its entiretv 5 Under Section VII G delete the entIre subsection G regarding 'TIF Details and re- number subsectIOn H. as G Resolution No. 25-2001 Approving the 38th Avenue Corridor Redevelopment Plan Change the first sentence of SectIOn 1 I to provIde as follows 'To the extent that the Area ma, consIst of an area of open land whIch mav be developed for non-reSIdential uses under the Plan, Citv CouncIl hereby determines that ~ .) such non-resIdentIal uses are necessary and appropnate to faCIlitate the proper growth and development of the CIty m accordance WIth sound planning standards and the Cit, s objectives. 2 In SectIOn 1 add paragraph J as follows J 'CIty CouncIl has determmed that the boundarIes of the Area have been drawn as narrowly as feasible to accomplish the planning and development objectives of the Plan in accordance with Section 31-25-107(1) C.R.S of the Urban Renewal Law 3 In Section 6 add the followmg sentence "The Plan IS an urban renewal plan as defined in SectIon 31-25-103(9) C.R.S of the Urban Renewal LaVv Resolution No. 26-2001 Approving the Wadsworth Boulevard Corridor Redevelopment Plan Change the first sentence of Section 1 1. to provide as follows. 'To the extent that the Area may consist of an area of open land which may be developed for non-residential uses under the Plan, City Council hereby determines that such non-resIdential uses are necessary and appropriate to facilItate the proper growth and development of the City in accordance WIth sound planning standards and the City s objectlves." 2. In SectIOn 1 add paragraph J as follows J 'City Council has determined that the boundaries of the Area have been drawn as narrowly as feasible to accomplIsh the planning and development objectIves of the Plan m accordance With Section 31-25-107(1) C.R.S of the Urban Renewal Law" 3 In SectIOn 6 add the followmg sentence 'The Plan is an urban renewal plan as defined In Section 31-25-103(9) c.R.S of the Urban Renewal Law Resolution No. 27-2001 Approving the West 44th Avenue/Ward Road Redevelopment Plan Change the first sentence of Section 1 1. to provide as follows' 'To the extent that the Area may consIst of an area of open land which may be developed for non-residentlal uses under the Plan, Cltv CounCil hereby determines that such non-residential uses are necessary and approprIate to facilItate the proper growth 4 and development of the CIty m accordance WIth sound plannmg standards and the CIty s obJectIves. 2. In SectlOn 1 add paragraph J as follows J 'CIty Council has dctermmed that the boundarIes of the Area have been drawn as narrowly as feasIble to accomplIsh the planmng and development objectIves of the Plan m accordance WIth SectlOn 31-25-107(1) C.R.S of the Urban Renewal Law" 3 In SectlOn 6 add the [ollowmg sentence' "The Plan is an urban renewal plan as defined in SectlOn 31-25-103(9) C.R.S of the Urban Renewal Law Thank you for vour consIderatlOn (If these proposed changes as recommended by your legal adVISors and Plannmg CommisslOn. JA W/dr 5