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Home My WebLink About02/14/2005 5:30 p,m, Board and Commission Reception 1,(JIIIIIA A - civvJcnJ 6:30 p.m. Pre-Meeting lM'rl If11 :\ ~ = i'J ~:\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 14, 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF January 24, 2005 CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the Item IS called to be heard APPROVAL OF AGENDA Item 1. Consent Aqenda: A Motion approving Cultural Commission by-laws B Award ITB-05-07 2005 Crack Seal Project C Motion authorizing the Mayor to sign a letter of permission for a twenty year covenant by the State of Colorado to be placed on the Baugh Property for the purpose of grant funding to the Wheat Ridge Historical Society for use at the Baugh House o RESOLUTION 09-2005 APPROVING AN ASSIGNMENT AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AND PARTICIPATION AGREEMENT TRANSFERRING TO THE CITY AND COUNTY OF DENVER, THE CITY OF WHEAT RIDGE'S 2005 ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE- INCOME PERSONS CITY COUNCIL AGENDA. February 14, 2005 Page -2- E, RESOLUTION 10-2005 ACCEPTANCE OF GRANT FUNDS FROM THE COLORADO GARDEN SHOW, INC IN THE AMOUNT OF $5,000 FOR THE PURPOSE OF PLANTING MATERIAL FOR THE DEMONSTRATION GARDENS LOCATED AT THE RICHARDS HART ESTATE PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A CAR WASH FOR PROPERTY LOCATED AT 4470 WADSWORTH BLVD (Case No SUP-04-03) (Kwik Car) ORDINANCES ON FIRST READING Item 3 COUNCIL BILL 02-2005 AMENDING CITY OF WHEAT RIDGE CODE OF LAWS PERTAINING TO BUSINESS LICENSES DECISIONS, RESOLUTIONS, AND MOTIONS CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT @~w @@(ill~@~~ ~~~(illu~@ CITY OF WHEAT RIDGE, COLORADO January 24, 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7 04 P m Councrlmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF January 10, 2005 Motion by Mr DiTullio for approval of the Minutes of January 10, 2005, seconded by Mr Schulz and Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES - Mayor Cerveny introduced Dave Holland of ADP, a Wheat Ridge based bUSiness sponsoring the 6th grade Essay contest for the seven Wheat Ridge area schools The following were the award winners Piper Rosen Brooke Livo Larissa Simmons Miranda Gunt/e Ryan Downing Mayor Cerveny read Proclamation Wheat Ridge Members of the All Colorado Baseball Team and presented the proclamation to Evan Genders, Cullen Schmitz and Brandon Burke. Councilor Gokey presented the players With special gifts from the Colorado Rockies organization CITIZENS' RIGHT TO SPEAK Nina Ba/dacci With the Office of Congressman Beauprez. stated that she Will be leaVing her post and mtroduced Laura Leprino, who Will be taking her place CITY COUNCIL MINUTES: January 24, 2005 Page 2 APPROVAL OF AGENDA Motion by Mrs Rotola to amend the order of the agenda to hear Ordinances on First Reading after Decisions, Resolutions, and Motions, this will place Item 2. after Item 6.; seconded by Mr Gokey; carried 8-0. Motion by Mr Schulz to amend the agenda to include Item 6 2005 Scheduled Fleet Purchases for. one (1) large 4x2 pick-up truck, one (1) large 4x4 pick-up truck, and one (1) small 4x2 pick-up truck, seconded by Mrs Rotola, carried 7-1 with Mr DiTullio voting no Motion by Mrs. Sang to approve the agenda as amended; seconded by Mr Schulz, carried 7-1 with Mr. DiTullio voting no Item 1. Consent Agenda: A. RESOLUTION 03-2005 AUTHORIZING JEFFERSON COUNTY OPEN SPACE TO COMPLETE AN APPRAISAL, ENVIRONMENTAL ASSESSMENT, SURVEY AND NEGOTIATE THE FAIR MARKET VALUE OF THE PARCEL LOCATED SOUTH OF HIGHWAY 58 AND WEST OF I, 70, KNOWN AS PARCEL #39-203-01-004 B RESOLUTION 04-2005 AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE SCIENTIFIC AND CULTURAL FACILITIES DISTRICT GRANT FOR THE PURPOSE OF THE CONCERTS IN THE PARK PROGRAM C RESOLUTION 07-2005 DESIGNATING THE OFFICIAL PUBLIC NOTICE LOCATION AND THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY OF WHEAT RIDGE D CANCEL FEBRUARY 21,2005 CITY COUNCIL STUDY SESSION Consent Ager,da was introduced and read by Mrs Adams Motion by Mrs Adams for approval of the Consent Agenda as pnnted, seconded by Mrs Sang, carried 8-0 CITY COUNCIL MINUTES: January 24, 2005 Page 3 DECISIONS, RESOLUTIONS, AND MOTIONS Item 3. RESOLUTION 05-2005 AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $2,000 FOR THE PURCHASE OF WHEAT RIDGE RECREATION CENTER PUNCH CARDS FOR THE WHEAT RIDGE FIRE PROTECTION DISTRICT Resolution 05-2005 was introduced by Mr Gokey City Clerk Pam Anderson read the executive summary, the statement of the issues and the Councilor Gokey memorandum, dated January 20, 2005 Motion by Mr Gokey tu approve Resolution 05-2005 Amending the Fiscal Year 2005 Budget to reflect the approval of a Supplemental Budget Appropriation of $1,200 00 for the Purchase of Wheat Ridge Recreation Center Punch Cards for the Wheat Ridge Fire Protection District; seconded by Mr DiTullio. Alternate Motion by Mrs Sang to postpone consideration of Resolution 05-2005 to allow for a more extensive discussion at the joint meeting on February 7, between City Council and the Wheat Ridge Fire District; seconded by Mrs Rotola Jim Payne, Chief of the Wheat Ridge Fire District, stated that the Fire Board IS supportive of the punch cards The Resolution should read the "Wheat Ridge Fire Department", not the "Wheat Ridge Fire District", since the punch cards would be for the volunteers rather than the district. ThiS is a benefit for the volunteers, not the paid staff The punch cards would serve as an Incentive for the volunteers .Mrs Sang brought thiS forward because she has never met Chief Payne, she IS not sure who IS on the Fire Board She would like the opportunity to Sit down with these people to find out what their goals rlre, what this will do for them ThiS doesn't mean the onglnal motion won't be brought back at a later time Alternate motion carried 5-3 with Councllmembers Stites, DiTullio, and Gokey voting no Mr DITullio sees no reason why thiS can't be passed tonight and needs further diScuSSion The Fire Chief was very clear what thiS Will accomplish Mr Gokey sees no reason to postpone, the concerns were covered CITY COUNCIL MINUTES: January 24, 2005 Page 4 Item 4. RESOLUTION 06-2005 AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION TO PROVIDE FOR WIDENING IMPROVEMENTS ON YOUNGFIELD STREET Resolution 06-2005 was introduced by Mr Stites Mrs Anderson read the executive summary Motion by Mr. Stites to approve Resolution 06-2005, amending the 2005 CIP budget to reflect the approval of a supplemental budget appropriation to provide funding In the amount of $3,075,000 for the Youngfield Street Widening Project to include a transfer of $1,800,000 from the CIP undesignated reserves and a transfer of $1 ,275,000 from the General Fund undesignated reserves to Acct. No 30-303-800-843, seconded by Mrs Adams and Mr DiTullio, carried 8-0, Item 5. RESOLUTION 08-2005' FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 19,20,29, AND 30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINICPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION Resolution 08-2005 was Introduced by Mr Stites Mrs Anderson read the executive summary Motion by Mr Stites to adopt Resolution 08-2005, finding the Coors/Cabela's annexation to be eligible for annexation and setting a hearing date to consider annexing the property on February 28, 2005. seconded by Mrs Adams and Mr Schulz. City A Norney Jerry Dahl presented the staff report. Rick Daily, Attorney. representing the Prospect Recreation and Pari< District, spoke about the history of the special district He wanted Wheat Ridge to be aware that the Prospect Recreation and Park District IS In the process of including some of the Cabela land Into their District He asked that they be gIven notice as a government entity with an Interest In the annexation process It would be prudent for the two government entities to talk to one another about ways In whIch they can deal effectively with this property Mr Dally Introduced David Kuehn. the new manager of the District. Motion earned 8-0 Motion by Mr Stites to direct that the corrected legal description be attached as Exhibit A to the Resolutinn prior to Its publication. seconded by Mr DiTullio, carried 8-0. CITY COUNCIL MINUTES: January 24, 2005 Page 5 Item 6. 2005 Scheduled Fleet Purchases Item 6 was introduced by Mr Schulz, who also read the executive summary Motion by Mr Schulz to approve the purchase of one new model year 2005 Dodge Ram 2500, full-size two-wheel drive heavy duty pickup from Johnson Auto Sales, Inc , Brighton, Colorado, in the amount of their quotation of $15,01600 per unit. He further moved to approve the purchase of one new model year 2005 Dodge Ram 2500, full-size four-wheel dnve heavy duty pickup with snow plow from Johnson Auto Sales, Inc , Brighton, Colorado, in the amount of their quotation of $20,289 00 per Unit. He further moved to approve the purchase of one new model year 2005 Chevrolet Colorado, small-size, two-wheel drive pickup from Dellenbach Chevrolet, Inc , Fort Collins, Colorado, in the amount of their quotation of $11,61600 per Unit. He further moved that all costs associated with these purchases be paid form account number 01-303-800-807, and that these funds be encumbered in accordance with Ordinance #787,1989 Series: seconded by Mrs Sang Motion by Mr Gokey to amend the original motion to review the fleet replacement policy gUidelines and fleet maintenance policy at a future study seSSion, seconded by Mr DiTullio, carried 8-0 Onglnal Motion as amended earned 6-2 With Mr Stites and Mr DiTullio votmg no ORDINANCES ON FIRST READING - Item 2 COUNCIL BILL 01-2005 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS THE CABELA'S/COORS/SAL TER PROPERTY LOCATED IN JEFFERSON COUNTY Council Bill 01-2005 was introduced on first readmg by Mr Stites, who also read the executive summary Motion by Mr Stites to approve Council Bill 01-2005 on first reading, order it published, public hearmg set for Monday, February 28. 2005 at 7:00 p,m in City CounCil Chambers. and that it take effect immediately upon adoption, seconded by Mrs Sang and Mr Schulz Mr Dahl explained the purpose of this ordinance Motion carried 8-0 Motion by Mr Stites to direct that the r:orrected legal description be attached as Exhibit A to the Ordinance pnor to publication, seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES: January 24, 2005 Page 6 CITY MANAGER'S MATTERS Mr Young stated that after the last Council Meeting he directed Tim Paranto to review the fleet replacement guidelines and the maintenance of the fleet. Once this comes to Study Session the internal review should be completed and there will be a report. Mr Gokey would like to see the old and the new gUidelines, so it is clear what changes were made ELECTED OFFICIALS' MATTERS Mayor Cerveny reminded parents of the "Youth Night Out" that has started at the Recreation Center on Friday nights from 7 00 until 1 000 p m Pam Anderson reminded everybody that there are vacancies on Boards and Commission and encouraged people to apply Current members, whose terms expire, need to re-apply Mr Gokey asked that clean water information be put on the cable channel scroll Mr DiTullio congratulated Mullen High School Mustangs for taking the State Championship Meeting adjourned at 8 41 P m APPROVED BY CITY COUNCILON FEBRUARY 14, 2005 BY A VOTE OF to Lena Rotola, Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and Video recordings of the meetings are available for listening or viewing In the City Clerk's Office, as well as caples of Ordmances and Resolutions ITEM NO. ~ll A I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE' February 14,2005 TITLE: MOTION APPROVING CULTURAL COMMISSION BY-LAWS o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date _) o ORDINANCES FOR 2ND READING QuasI-JudIcial o Yes ~ No ""\ '1 t I ',., Ll J Parks and RecreatIOn Director ~C-'~ City Mana~ I... / EXECUTIVE SUMMARY: The Cultural CommIssIon was created by ordmance m 2003 The Code of Laws Sec 2-54 Admmlstration, requIres that a commISSIOn create theIr own by-laws and that these b) -laws be approved by CIty CouncIl COMMISSIONIBOARD RECOMMENDATION: The Cultural CommIssion has \'mtten and approved the attached by-laws and recommends approval ST A TEMENT OF THE ISSUES: These by-laws are SImilar to other Clt) commISSIOn by-laws. The quorum reqUirement IS a majonty of the members appointed as opposed to a maJonty of the mcmbers. ThIs WIll allow thc commissIon to achieve a quorum when thcre are vacancies on the commission. ALTERNATIVES CONSIDERED: Do not approve the by-laws. FINANCIAL IMPACT: There is not a financial impact to thIs action. RECOMMENDED MOTION: "I move to approve the Cultural CommIssion by-laws as submitted." or, "{ move to deny approval of the Cultural Commission by-laws for the foIlo\\.lng reason(s) Report Prepared by' Reviewed by Joyce Manwaring, Parks and Recreation Director Randy Young, CIty Manager Attachments: I, Cultural CommissIOn By-Laws 2. Code of Laws Sec. 2-54 050214 B} laws CAF CITY of WHEAT RIDGE CULTURAL COMMISSION BY-LAWS PURPOSE The miSSIOn of the Cuitural CommissIOn of the City of Wheat RIdge shall be to promote culture and the arts that would both directly and Indirectly benefit the resIdents of the Clt)' through cultural ennchment and educatIOnal opportunities. The Wheat RIdge Cultural CommissIOn shall advise the Mayor, City Manager, and CIty CouncIl on matters relating to the promotIOn of Culture and Arts within the CIty of Wheat RIdge as outlIned In Section 2-55 of the Wheat Ridge Code of Laws. II. MEETINGS: I, The regular meeting of the Cultural Commission shall be once a month. 2 SpeCial meetings may be called by the Chairperson or two members of the commission when the need anses to be held at a City owned faCIlIty ChaIrperson wIll specify meeting time. 3. All meetings shall be open to the publIc. 4. Cancellation of any Cultural CommiSSion meeting IS at the dIscretIOn of the Commission Chairperson or by a majority vote of the commission. Ill. MEMBERS I. The Cultural Commission is composed of nine members. Members to thc Commission are appoInted by the CIty CouncIl In accordance With the Code of Laws for the CIty of Wheat Ridge, for a three year term. 2. A quorum of the Cultural CommIssion shall consist of a maJonty of appOInted members. 3 A Simple maJonty vote of the members prcscnt IS reqUIred for passage of any motion, except as speCified by Roberts Rules of Order, current edItIon, newly reVIsed, 4 Any time a member of the Commission IS absent for more than 25% of the meetings held by the Commission within any calendar year, such member shall automatically cease to be a member of the CommiSSIOn unless absences are determIned as excused absences and are voted upon by a majority of remaining mcmbers of the CommiSSion. In addition, any time a member of the Commission ATTACHMENT 1 IS absent a sufficient number of times to cause the Chairman of the CommissIOn to believe that such absences are Impairing the proper function of the CommIssion, the Chairman WIll notIfy the City CounCIl which shall hold a hearing to determine If such member shall be removed for neglecting duty, Any Commission member who shall change hislher personal residence outside the City and/or the District he/she represents shall cease to be a member of the CommiSSIOn. 5. The Director of Parks and Recreation shall be responsible for assembling the agenda for each Cultural CommiSSIOn meeting, The agenda shall be distributed by the Friday before the meeting. IV OFFICERS The electIOn of officers shall be held at the April meeting armually, The officers shall consist of the Chairperson and the Vice Chairperson. 2. A Commission member can nominate only one Commission member for one office at a time. Nommations for Chairperson and VIce Chairperson must be separate nOminatIOns, Each office shall be voted on separately 3 All electIOns WIll be by wntten paper ballot. A majonty vote of all members of the CommISSIOn present shall be required to elect a Chairperson or VIce Chairperson. 4 The Chairperson shall preside over the Cultural CommIssion meetmg. In the absence of the Chairperson the Vice Chairperson shall become the Chairperson. In the absence of both the Chairperson and the Vice Chairperson, a member of the Cultural CommiSSIOn shall open the meetIng and those present shall agree on who shall Chair the meetings. 5 The taking of the mInutes for the meeting will be proVIded by the City The secretary shall record the mlllutes from each meeting, and perform other clerical duties as asSIgned by the DIrector of Parks and Recreation. V APPROV AL OF BYLAWS The B) laws will be adopted only by a 2/3 majonty vote of the Cultural CommISSIOn with final approval from the City of 'Wheat RIdge City Counctl Notice of change of by-laws must be presented by mail one month prior to adoptIOn. Changes to the Bylaws will become in effect upon approval from the Cultural Commission and final approval from the Wheat RIdge City Council. REV 1/12/05 CODE OF LAWS Sec 2-54 AdmmistratlOn. (a) All ~ and may create and maintain rules of procedure to govern the admmlstratlOn of the provisIOns of this article, No rule shall bc in conflict with an) of the proviSIons of this artIcle or any other ordinance of the city or any city charter proVIsion. Such rules and regulatIOns shall be adopted to maintain the effiCIent admmlstratlOn of the provIsIOns of thIS article, to protect the publIc mterest, and to preserve the nghts a~IlltIes of mvolved parties. (b) Each board or tm:iIIiIImI!IiJ shall annually elect a chairperson. The chair shall be on a rotating baSIS. It shall be~blllty of the chairperson to preside at all meetings of the respective board or tm:iIIiIImI!IiJ. An alternate chairperson may be elected to serve to assist the chatrperson and to serve In the absence of the chairperson. (c) All ~ and may utIlize CIty faCIlities for their meetmgs, heanngs, and other delIberatIOns, subject to the approval of the office of the director of admmlstrattve servIces. (d) All ~ and shall be provIded with suffiCient funds by the Clt) to hire a recordmg secretary, if needed, who w1l1 serve at the pleasure of the department head assigned to the board to record mmutes of meetmgs. assemble documents. duplIcate reports. and perform such other clencal duties as the ~ and shall from tIme to time assIgn. Such clerical employee shall serve under the ImmedIate superviSIOn of the head of the department assigned to work with the board or~. (e) Except as otherWise stated in thiS article. all tJlI!!:m and ~ shall formulate rules and regulatIOns settIng forth their duties. gUldelmes and standards of procedure. These dutIes. gUIdelInes and standards of procedure shall be approved b) the cItv councIl and. once approved by the Clt) councIl. shall become blndmg on each board or ~ as the offiCIal rules and regulatIOns of that board or _. (f) Each board and ~ establIshed m thIS article shall meet regularl) as necessary In no event shall any board or ~ meet less than once each calendar quarter of each year (Code 1977. ~ 2-18) commissions ATTACHMENT 2 ITEM NO ---L-J3, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE February 14,2005 TITLE: AWARD ITB-05-07 2005 CRACK SEAL PROJECT o PUBLIC HEARING k8J BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date,_) o ORDINANCES FOR 2ND READING QuasI-JudICIal [2J No ~c-,.,~ City Manag~ ~ EXECUTIVE SUMMARY: The 2005 Crack Seal Project will provide the needed maIntenace treatments to collector and local strcets by prionty in the eastern third and northwest quadrant of the City The crack fillIng treatment WIll reduce water Infiltration under pavements, This project will Improve and extend the pavement lifc oflhese streets as part of the ongoing maintenance program. On February 1,2005, five (5) bIds werc recclved. The apparent low bidder was Superior Asphalt, LC, Magna, Utah In the total amount of$161 ,69000 Their bid met all of the bid reqUIrements. References and expenence were cvaluated h: Pubhc Works. Staff recommends award of the project to the lowest responsive blddcr, Supenor Asphalt, LC In the amount of $161 ,690 00, CO:\1l\1ISSlONIBOARD RECOMMENDATION: Nli\ STA TEI\1ENT OF THE ISSUES: Huh for the 2005 Crack Seal Project, #S-PM-03-05, werc opened on Tuesday, February 1,2005 at 200 pm Five (5) bids were received. The bIds ranged from $161,690 00 to $253,935 00 The Engineer's Estimate was $190,000.00, The lowest responsible and responsIve bIdder, Supenor Asphalt, Magna. Utah has met the bid and quahficatlOn reqUIrements. Based upon the contractor's demonstrated capabilIties and performance on prevIOus projects, Staff recommends award to Supenor Asphalt, LC. A 10% contIngency amount of $16,169 00 IS requested to allow the cost of other items related to the ~roJect. ALTERNATIVES CONSIDERED: No award and 2005 Crack Seal Projects will not be accomphshed. FINANCIAL IMP ACT: Funding for this program has been approved as the Street Preventive Maintenance Projects line Item of the 2005 Capital Improvement Program budget in the amount of$900,000 00 ThIs project is the first one of the three preventive projects that the City WIll Implement thIS year, RECOMMENDED MOTION: "I move to award ITB-OS-07, 2005 Crack Seal Project, #S-PM-03-05 to Supenor Asphalt ,LC, Magna, Utah in the amount of $161 ,690 00. I further move that a contingency amount of $16, 169 00 be approved. I further move that the director of Public Works be authorized to issue change orders up to a total contract and auxlhary amount of$I77,859.00 I further move that all costs associated with this contract be paid from account number 30-303-800- 884, and that these funds be encumbered for the length of the project In accordance with Ordinance #787, 1989 Senes." or, "I move to deny award of ITB-05-07 2004 Crack Seal Project for the follOWing reason(s) " Report Prepared by Reviewed by. Tim Paranto, DIrector of Public Works Linda Trimble, Purchasing Agent Attachments: 1 2004 Capttallmprovement Program DescnptlOn 2 Project Location Map Capital Investment Program ~ -9 Crack sealmg area: Southeast arca of the City by pnonty $200,000 Justification: Preventative street mamtenance work IS reqUIred to replace dcfcctlvc concrctc, rcplace or add to pavement surface by an asphalt overlay, patch Isolated structural failurcs m eXisting asphalt strcets, waterproof and Improve the tcxture of asphalt weanng surfaces by a sluny seal coat and reduce water infiltratIOn undcr pavements by sealmg cracks. Prcventatlve mamtenance prolongs the IISeful hfe of streets and sidewalks and reduces the costly altcmatlve of reconstructing streets. DPWTRAFFIC 1. Traffic Signal Improvements 2005 Budgct: $200,000 Description: EXisting traffic Signal insw.Uations reqUIre upgradc to Ineludc ncw signal hcads and detectors. Justification: Thc scheduled replacemcnt work IS nccessary for the propcr mamtcnancc of cXlstmg eqUIpment and facil1tJes, ECONOMIC DEVELOPMENT I. 38'~ Avenue Business District 2005 Budgct. $40,000 Description: financial assistance for the opcratlon of the 38th Avcnue Business Dlstnct. Justification: Assist in the re-Vltahzatlon of thiS commercJal section ofthc City MUNICIPAL CAPITAL PROJECTS 1. Cit) Hall Improvements 2005 Budget: $630,000 Description: Thc HVAC chilled water systcm IS scheduled for replacement. A portIOn ofthc roof IS lcakmg and will be replaced, Police CommuDlcatlOns Bureau Improvcmcnts to thc electncal system hghtcnmg protection and urnntcnupted power supply are programmed. Secunty upgrades to the building wiU also be installed. Additional undetermmed maintenance projects as determmed. Justification: The heatmg and aIr conditioning system at City Hall IS essentJally the ongmal equipment mstalled when the building was constructed, The controls for the equipment were replaced as a 2004 CIP project as phase I of a HV AC rcplacement plan. Phase 2 will rcplacc the chiller system m 2(,J5 190 ATTACHMENT 1 Capital Investment Program 3. Hotel/Motel District Pedestrian Improvements 2005 Budget: $200,000 Description: A portion ofthe east side of Kipling Street south ofI-70 and the South 1-70 Frontage Road will be improved by mstallatlon of sidewalks and pedestrian IIghtmg. ThIS project will be financed WIth HoteVMotel tax funds and IS the second of a multi-year program. Justification: KIplIng Street and the South 1-70 Frontage Road do not have contmuous sIdewalks allowmg pedestnan travel wlthm this portIOn of the HoteVMotel dlstnct. 4. 46th Ave.-170, Estes-Carr Major Street Improvement 2005 Budget: $750,000 Description: ThIS project consists of installation of storm sewer and reconstructIOn of the street section. ThIs is the second of a multi-year program for the area. Justification: This neIghborhood has very poor drainage, which has resulted in distorted curblInes and failed pavement sectIOns. 5. Public Improvements Projects, Development Driven 2005 Budget: $75,000 Description: Up-commg developments may reqUire City-financed street unprovemcnts. Justification: Contmgent fundmg should be proVided for speCial project needs. 6. Street Light Installation 2005 Budget. $5,000 Description: InstallatIon of new streetlIghts requested by clttzens or recommended by the department and approved by the City Justification: New street IIghtmg IS prov1<icd to accommodate areas of the CIty which require additional IIghtmg for safety or as OtherwlSC JUSll lied by the City 7. Street Preventative Maintenance Projects 2005 Budget: $900,000 Description: The annual street prevenIattvc mamtcnance work and costs are as follows: Concrete replacement area. Northwest area of the City between )-70 and KIpling St. from Clear Creek north to CIty lImits $200,000 Asphalt patching and overlay area. 32"" Avenue, Klplmg to SImms 38'" Avenue, Shendan to Wadsworth 48th Avenue, Harlan to Marshall Marshall Street, Harlan to North City Limits $500,000 189 ..-------- , \ , \ , \ \ , ' ' \ ' .",,10' . . _~,,_.._J~-" -' _.._ _------ . 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February 14,2005 TITLE: A MOTION AUTHORIZING THE MAYOR TO SIGN A LETTER OF PERMISSION FOR A TWENTY YEAR COVENANT BY THE STATE OF COLORADO TO BE PLACED ON THE BAUGH PROPERTY FOR THE PURPOSE OF GRANT FUNDING TO THE WHEAT RIDGE HISTORICAL SOCIETY FOR USE AT THE BAUGH HOUSE o PUBLIC HEARING [8] BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDrNANCES FOR 2ND READING Quasi-Judicial o Yes ~ No f\- _ J'l "----+u 1 i , / L' ~ 1 cu. ~ farfs and RecreatIOn Director ~ ~~rG City Mana~ t EXECUTIVE SUMMARY: The Wheat Ridge HistorIcal SocIety has applIed for and receIved a grant in the amount of $1 0 1,970 from the State of Colorado Historical Fund for the purposes of completing the restoratIOn of the extenor of the Baugh House. The award of these funds IS contingent on the City approving a twenty year convenant on the property ThiS covenant IS required by the State of Colorado and states that the City as the property o\'mer agrees to maintain the current use and purpose of the property, as an historical site for the speCified amount of time stated III the covenant. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The City has appl1ed for and administered the pnor three grants for the Baugh House as the property owner, even though there were no cIty funds expended for the restoration of the house. All of the prior grant matches have been privately funded through the Wheat Ridge Historical SocIety The current grant was applIed for by the Society and wIll be adminstered through tht organizatIOn. The City IS reqUired as the property ov.l1er to give permission for the work to be completed as outlmed in the grant and to sign a twenty year covenant. ThIs covenant will protect the use of the funds, by not allowmg the completed project and the purpose to be altered for the amount of time speCified. The covenant Itselfis mcluded m the grant contraet. This grant will complete the exterior restoration of the house. There wIll be addItional fundmg reqUIred to complete the interior restoratIOn. As an example of a prior eovenant, the CIty approved a covenant WIth the state to receIve grant funds for the construction of Founders' Park. This covenant runs in perpetuity with the land. ALTERNATIVES CONSIDERED: Do not approve the Mayor to sIgn the eovenant. FINANCIAL IMPACT: There is no finanCIal Impact to the City. RECOMMENDED MOTION: "[ move to authonze the Mayor to sign the letter of pennission for a twenty year covenent on the Baugh House property as a conditIOn of receIpt of grant funds from the Colorado HIstorical Fund to the Wheat RIdge Historical Society for the purpose of restoration of the exterior of the Baugh House." or, "I move to not authonze the Mayor to sign the letter of pennission for a twenty year CO\ enant on the Baugh House property as a eondItion of receipt of grant funds from the Colorado Fhstoncal Fund to the Wheat RIdge Historical Society for the purpose of restoration of the extenor of the Baugh House." Report Prepared by ReVIewed by Joyce Manwarmg, Parks and Recreation Director Randy Young, City Manager Attachments: I Grant Award Lctter 2. Letter of PennlsslOn 3 Example ofCovcnant 050214 Baugh House Covcnanl 2005 SAVING COLORADO'S PAST FOR THE FUTURE January 21, 2005 R. lee Callas Wheat Ridge Historical Society, Inc. POBox 1833 Wheat Ridge, CO 80034-1833 GRANTS FOR HISTORIC PRESERVATION Re: Project #2005-02-056 Exterior Restoration Dear Mr Callas' Congratulations on receiving a State Historical Fund grant award! There have been several changes to the grant manual, so we ask that you please take the time to read through the materials provided as they contain the information that you will need throughout your contract period. The materials should also answer most, if not all, questions you may have about the administrative aspects of your project. Enclosed are the following CHS State Historical Fund Grant Manual: The grant manual provides the basic information and forms needed for the administration of the grant. We've also enclosed an additional set of forms for you to copy and use as needed. Sample CHS/SHF Contract (including sample Exhibits A. B and C). The formal award of your SHF grant is through a (boilerplate) contract. Please review the sample contract provided with your respective board of directors, controller, or organizational legal staff or attorney Special consideration should be given to any requirements or conditions of the award such as covenants, easements or recapture provisions. Reporting forms' * SHF Project Deliverables Checklist * SHF Photographic Documentation Requirements * SHF Perpetual Easement & Covenants * Signature Authority Useful Publications: * CHS/SHF Guidelines for Selecting an Architect or Contractor * The Secretary of the Interior's Professional Qualifications Standards * The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings * Preservation Publications Again. congratulations on your award I If, after readmg through the manual and information provided. you have additional questions. please contact the grant administration staff for assistance. We look forward to working with you for the duration of your project. Smcerely, The SHF Grants Administral10n Staff Gft: cJM&-L Cyril Padilla ~~"' Pat Wilson v@~ ~ c~7~~;:~~ HISTORICAL SOCIETY 225 East 16th Avenue SUIte 9S0 Denver Colorado 80203 3038662825 fax 303 866 2041 www COIOf....dohistofy-oahp Ofg ATTACHMENT 1 SAVING COLORADO'S PAST FOR THE FUTURE GRANTS FOR HISTORIC PRESERVATION xzx R. Lee Callas Project Manager Wheat Ridge Historical Society, Inc. PO Box 1833 Wheat Ridge, CO 80034-1833 Dear Mr. Callas: The Colorado Historical Society has completed its review of grant applications submitted to the State Historical Fund for the October 1,2004 deadline. Wc arc pleased to announce that a grant of$IOI,970 has been awarded to your I'flJJecl for exterior restoration of the Baugh House. I have enclosed our most recent State Historical Fund Grants Packet, including a business card for the Historic Preservation Specialist assigned to your project. Please note that this letter is neither a contract nor an authorization to begin work. Grant Contract Staff win contact you within the next few weeks to negotiate and execute a contract. Work cannot begin until a contract has been funy executed. After executing the contract you should discuss the project wllh your assigned Historic Preservation Speciahst before beginning work. For your convenience, I am returning the extra copies of your apphcation and copies of the reviewer score sheets. As a condition of the receipt of this grant, the Wheat Ridge Historical Society, Inc. and the property o"'ner will be required to allow the State Historical Fund staff to record a 20-year covenant on the site; even If there is an existing covenant on the site. I have enclosed a copy of this letter, ",ith signature hnes for an authorized representative of the Wheat Ridge Historical SocIety, tnc. and the property o"'ner, acknowledging this condi\ion. You must return a funy executed copy of this letter to our offices within 60 days, or your grant award may be rescinded. Additionally, if your project requires any apploval by a federal or state agency. a federal or state agency hcense. or IS receiving any type of federal or state agency funding. please contact the Colorado Historical Society's Intergovemment ServIces Director, Dan Corson at (303) 866-2673 to determine ifany consulta\ion is needed pursuant \0 Sechon 106 of the NatIOnal HIstoric PreservatIon Act. CongratulatIOns on receIving the State HIstorical Fund award from the Colorado Historical Society We look forward to getting your project under contract and on its way to successful completion. I f you have any questIOns about the grant award, please do not heSItate to contact our ollice at (303) 866-2825 Smcerely. , "\r lebal O",nerlDate J.dOS..(}).O)b .."""'... Encl: State IltstoncaJ Fund Grants Packet ~ c~7~;;~~ HISTORICAL SOCIETY 125 East 16th Avenue. Su,te 950 Denve. Coloredo 80203 3038662815 fax 303 866 2041 www coloradohistory.oahp o.g ~TTACHMENT 2 State Historical Fund Contract Clause Regardmg Covenant 10/26/04 16. PRESERVATION OF PROPERTY The Contractor hereby agrees to the following for a period of years commencing on the date of this Agreement. a. Without the express written permission of the Society, no construction, alteration, movement, relocation or remodeling or any other activity shall be undertaken or permitted to be undertaken on the Property which would alter the architectural appearance of the Property, adversely affect the structural soundness of the Property, or encroach on the open land area on the Property; provided, however, that the reconstruction, repair, or restoratlOn of the Property, damage to which has resulted from casualty loss, deterioration, or wear and tear, shall be permitted subject to the prior written approval of The Society, provided that such reconstruction, repair, or restoration is perfonned according to the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing H,storic Buildmgs, issued and as may from time to time be amended by the U.S. Secretary of the Interior, hereinafter collectively referred to as the "Standards" In all events, the Contractor further agrees at all times to maintain the Property in a good and sound state of repair and to maintain the Property according to the Standards so as to prevent deterioration of the Property b. In the event of severe damage or total destruction to the Property (defined, for the purpose of this Agreement, as sudden damage or loss caused by fire, earthquake, inclement weather, acts of the public enemy, riot or other sunilar casualty) not due to the fault of the Contractor this Agreement shall temrinate as of the date of such damage or destruction. c. The Society, or a duly appointed representative of the Society, shall be permitted to inspect the Property at all reasonable times in order to ascertain if the above conditions are being observed. d. Within sixty (60) days prior to completion of this Contract, Contractor covenants and agrees that the Society will record this Contract with the County clerk and recorder for the county in which the property IS located. Contractor further covenants and agrees that this Contract will constItute a bmdmg covenant that \'0,11 run with the land. e. To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the Stale, its employees and agents, against any and all claims, damages, liability and court awards, includmg costs, expenses, and attorneys fees mcurred as a result of any act or OmIssion by the property O\'ol1er, or liS employees, agents, subcontractors, or assignees pursuant to the tenns of this contract ATTACHMENT 3 ITEM NO' to E, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 14,2005 TITLE: RESOLUTION 10-2005: ACCEPTANCE OF GRANT FUNDS FROM THE COLORADO GARDEN SHOW, INC. IN THE AMOUNT OF $5,000 FOR THE PURPOSE OF PLANTING MA TERIAL FOR THE DEMONSTRA TON GARDENS LOCATED A T THE RICHARDS HART EST A TE o PUBLIC HEARlNG o BIDSIMOTIONS [8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi-Judicial o Yes [8J No ~ ' , _ ,1 " . j )'1 (_.d'd I III l( LL--r / ---P-atKS and RecreatIOn DIrector1 / ~~ City Mana -x. EXECUTIVE SUMMARY: The Parks and Recreation Department applIed for and receIved a grant In the amount of$5,OOO from the Colorado Garden Show, Inc. for the use at the Richards Hart Estate Demonstration Gardens These gardens are educational In nature and demonstrate varIOus types of plant material that can be used in Colorado The City has a planting plan In plaee for these gardens and the work wIll be eompleted in the spring of 2005 COMMISSIONIBOARD RECOMMENDATION: WA ST A TEI\1ENT OF THE ISSUES: The planting pods were built in 1998 The momes for the constructIOn of these pods was supplIed by the City of Wheat RIdge, Wheat Ridge Water DIStrict and a grant from the Denver Urban Resource PartnershIp Due to a lack of funds and the aVailability of water, the gardens were not completed. A planting plan was created in 2004, as a step to completing the proJect. ThIS grant WIll aid in the purchase of plants for the pods. ALTERNATIVES CONSIDERED: To not accept the grant.. FINANCIAL IMPACT: The City will be providmg in-kind labor and a cash match of$5,000 for the purpose ofinsuflng the irrigation system is compatable wIth the planting plan and to purchase addItional plants as funds allow RECOMMENDED MOTION: "I move to approve Resolution 10-2005' Aeceptance of Grant Funds from the Colorado Garden Show, Inc. m the Amount of $5,000 for the Purpose of Plantmg Material for the Demonstration Gardens Located at the Richards-Hart Estate to be Deposited in Account 01-603-600-660." or, "I move to table mdefinitely Resolution 10-2005 for the following reason(s) " Report Prepared by Rcvlcwed by Joyce Manwaring, Parks and Reereation DIrector Randy Young, CIty Manager Attachments: I Resolution 10-2005 O'O~ I ~ Colorado Home Show grant Car RESOLUTION NO. 10 Series of 2005 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE COLORADO GARDEN SHOW, INC. GRANT IN THE AMOUNT OF $5,000 FOR THE PURPOSE OF PLANT MA TERIAL FOR THE RICHARDS HART EST ATE DEMONSTRATION GARDENS. WHEREAS, the CIty of Wheat Ridge apphed for and was awarded a grant to purchase plant matenal for the demonstratIon gardens located at the RIchards Hart Estate; and WHEREAS, the City Council desires to aceept the funds in the amount of $5,000.; and WHEREAS, the CIty Couneil supports water conservation and educatIOn regard 109 water conservatIOn and education gardens, and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effeeted by the City Council adopting a ResolutIOn, NOW THEREFORE BE IT RESOLVED by the City Council of the Cit), of Wheat Ridge, Colorado, as follows: A The City hereby aecepts the funds. B The City Manager IS authorized to execute all documents necessary for the acceptance of the funds. C. Upon receipt of the funds, that the funds be placed 10 the General Fund. D The City of Wheat RIdge fiscal year 2005 Budget be amended accordmgly, specifically addmg $5.000 into the Forestry budget account (0 1-604-600-660). DONE AND RESOLVED THIS DAY FEBRUARY 14,2005. Gretchen Cerveny, Mayor A TrEST: Pam Anderson, City :::Icrk ITEM NO: ~I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 14, 2004 TITLE: RESOLUTION NO. 09-2005: APPROVING AN ASSIGNMENT AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AND PARTICIPATION AGREEMENT TRANSFERRING TO THE CITY AND COUNTY OF DENVER, THE CITY OF WHEAT RIDGE'S 2005 ALLOCATION FROM THE ST ATE CEILING FOR PRlV ATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE- INCOME PERSONS [:8J PUBLIC HEARING o BIDS/MOTIONS [:8J RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) QuasI-JudICial: o Yes [8J No C1tY~~ EXECUTIVE SUMMARY: In 2002, the City became entitled to an allocation of the Statewide Private ActIVIty Bonds. The City's 2005 allocation is $1,276,080 (allocations are based on populatIOn). From 1998 to 2002, the City participated in the Metro Mayors Single-Family Mortgage Revenue Bond Program by entering into an agreement authonzmg the City/County of Denver through the Metro Mayors Caucus to issue the bonds on behalf of the City. During 2003, the Metro Mayors Single-Family Mortgage Revenue Bond Program was replaced With a new pool program aimed at encouraging translt-oriented housing. Because the City would not qualify for a proJect under this program's guldelmes, the 2003 and 2004 PAB allocation was assigned to the Colorado Housing and Finance Authority. Smce 2003, a new single family mortgage re"enue bond Issuance structure has become aVll.Ilable that allows the program to be more competitive with market mterest rates. As a result, Denver has offered to agam act as the Issuer thereby reestablishing the Metro Mayors Single-Family Mortgage Revenue Bond Program. The program provIdes funds for down-payment assistance and provides low mterest loans to potentIal property owners m the City. There IS no cost to the City as a result of our partICIpation. As in past years, the City/County of Denver will be admimstering the program and absorbing the greater percentage of cost of the bond counsel. COMMISSIONIBOARD RECOMMENDATION: None. ST A TEMENT OF THE ISSUES: The City is unable to administer the bonds at this time and can choose to assign its allocatIOn to an existing qualified program or return the allocatIOn to the StateWIde Balanee. There are two qualified program alternatives available: I) the Colorado Housmg and Finance Authonty (CHFA); or 2) the Metro Mayors Single-Family Revenue Bond Program. AL TERNA TIYES CONSIDERED: CHFA ASSIgn the CIty'S allocation to CHF A. The Colorado Housmg and Finanee Authonty manage three (3) mdependent programs available for the City. They are: ,. Mortgage Revenue Bond Program J.... Rental Apartment FinanCIng Program ,. Busmess Financmg Program to aide manufactunng/industnal companies Asslstanee to the City through all three of these programs IS always aV3.1lable. The mortgage revenue bond program assists homebuyers in the low/moderate income range WIth down payment and loan asslstanee. The Rental Apartment Financing Program will asSISt a developer m the acquiSItion and rehabilitation of apartment units. The Busmess Financing Program will assist WIth busmesslreal estate acquiSItion, purchase of eqUIpment, and loan asSIstance. Metro Mayors Smgle Family Revenue Bond Program The mortgage revenue bond program assISts homebuyers in the low/middle income range with down payment and loan assistance. The program IS advertised by all of the participating junsdlctions and assists first time homebuyers wlthm the City of Wheat RIdge. The Program had been successful in the past and affords low- and middle-income persons and families the ability to purchase their first home. City Council Action Request Assignment of Private Activity Bonds -2- February 14,2005 FINANCIAL IMPACT: There IS no financial Impact to the City. RECOMMENDED MOTION: "I move to adopt ResolutIOn No. 09-2005 assIgnmg and transfemng to the City and County of Denver, a portIon of the CIty of Wheat RIdge's 2005 alloeatIOn from the state ceihng for pnvate actIVIty bonds to finance resIdential housmg faeIlitles for low- and mIddle-income persons and familIes wIthm the CIty and certam other eltJes and counties m the State of Colorado; authonzmg the delegatIon to the City and County of Denver, of the authority of the CIty of Wheat RIdge with respect to the issuance of smgle famIly home mortgage revenue bonds to finance residential housing faCIlitIes for low- and mIddle-mcome persons and famIlies witlun the City and certam other cItIes and countIes In the State of Colorado; approvmg such bonds and the single family mortgage loan program; and authonzing the executIOn and delivery of a delegation and participation agreement, an assignment agreement and other documents 10 connection thereWIth. I further move to aUthonze the Mayor to sign all doeuments and the CIty Attorney to notIfy the City and County of Denver of Council's deCISIOn." or, "I move to dIreet staff to return to the CIty Couneil at a later date with the appropnate resolutIOn and documents assIgnmg the CIty'S pnvate actIvity bond allocatIOn to CHFA." Report Prepared by: Barbara DelgadIllo, AssI.>tant to the City ManagerV fbd Attachments: I. Certificate Relatmg to the Smgle-FamIly Mortgage Revenue Bond Program .., ResolutIon No 09-2005 :'.'~ ([ R~"" ~H!~ PAR MklC.al...... City Council Action Request ASSignment of Private Activity Bonds -3- February 14,2005 CERTIFICATE OF THE CITY OF WHEAT RIDGE, COLORADO Relating to CITY AND COUNTY OF DENVER, COLORADO SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (METRO MAYORS CAUCUS SINGLE FAMILY MORTGAGE BOND PROGRAM) SERIES 2005 The undersigned Mayor and City Clerk of the City of Wheat Ridge, Colorado (the "City") hereby eertifY that: 1. Resolution Attached hereto as Exhibit A IS a true and correet copy of a ResolutIOn of the City Council of the City of Wheat Ridge (the "Council") that was adopted by the Council In aeeordance with applieable law on the date indicated thereIn (the "ResolutIOn"). All meetIngs of the Council at which action relating to the ResolutIOn was taken were properly noticed III the manner and at the tunes required by law, were open at all times to the general public and were attended by a quorum of the COunCIl. The Resolution has been SIgned, attested, sealed and made a permanent part of the reeords of the Council m accordance WIth applIcable law; IS m full force and efTeet; and has not been amended, modIfied or repealed smce ItS adoption. 2. Delegation and Participation Agreement. Attached hereto as Exhibit B is a true and correct eopy of a DelegatIOn and PartlelpatlOn Agreement dated as of the date mdlcated therein (the "Delegation and PartieipatIon Agreement") between the City of Wheat Ridge and the City and County of Denver, Colorado (the "Issuer") The DelegatIOn and Participation Agreement has been duly authorized, executed and delivered by the City and, upon due authonzation, execution and delivery by the Issuer, will constItute a vahd and bmdmg oblIgation of the City, enforceable against the CIty in aceordance WIth Its terms. 3. Assignment Agreement. Attached hereto as ExhibIt C IS a true and correct copy of an ASSIgnment Agreement dated as of the date mdlcated therem (the "ASSignment") between the City and the Issuer. The ASSIgnment has been duly authorized, executed and dehvered by the City and, upon due authonzation, executIOn and delIvery by the Issuer, will constitute a valid and bmding obligation of the City, enforceable agamst the City m accordance WIth its terms. 4. Approval of Bonds and Project A publIe heanng on uehalf of the Counetl, the City and the Issuer was held In the office of the Department of Revenue for the City and County of Denver, Colorado. At such pubhc heanng, all interested persons were given an opportunIty to express their views, both orally and in wnting, on the proposed Issuance of the Bonds and the location and nature of the Smgle Family Mortgage Loan Program. The Council has received a report of the hearing. The undersigned Mayor of the City, as the ehief eleeted executIve official of the City acting as such after such publIe heanng, hereby approves the Bonds and the Single ATTAC:;HIVIENT 1 Family Mortgage Loan Program, which approval is intended to comply WIth the provIsions of Seetion 147 (f) of the Internal Revenue Code of 1986, as amended, IN WITNESS WHEREOF, we have hereunto set our hands thIS 14th day of February, 2005, By Gretehen Cerveny, Mayor By Pamela Y. Anderson, CIty Clerk \\Srv<i-adm-OOIIUscn\bdctgadil\o\MyFiIesIPROJECTS\PAB's\200S Certificate of Participation, Reso. Assignment & Participation Agreements - Metro Mayors Single Family Mongage Prog.DOC RESOLUTION NO. 09-2005 Series 2005 A RESOLUTION ASSIGNING AND TRANSFERRING TO THE CITY AND COUNTY OF DENVER, COLORADO, A PORTION OF THE CITY OF WHEAT RIDGE'S 2005 ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO; AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER, COLORADO OF THE AUTHORITY OF THE CITY OF WHEAT RIDGE WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO; APPROVING SUCH BONDS AND THE SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AND PARTICIPATION AGREEMENT, AN ASSIGNMENT AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City of Wheat RJdge, Colorado (the "City"), and the City and County of Denver, Colorado (the "Issuer"), are each authonzed by the County and MunICIpality Development Revenue Bond Act, constituting article 3 of title 29, Colorado ReVised Statutes, as amended (the "Aet"), to finance projects as defined in the Act, mcludmg reSIdential housmg facihties for low- and middle-income persons and families; and WHEREAS, the CIty has been awarded on January 1,2005 approximately $1,276,080 (the "2005 Allocation") of the bond ceiling for the State of Colorado (the "State") and its IssUIng authontles pursuant to the Colorado Private ActiVIty Bond Ceilmg AllocatIOn Act, constItuting Part 17 of Article 32 of Title 24, Colorado ReVised Statutes, as amended (the "Allocation Act"), for use m the issuance of private activity bonds to finance projects under the Act among the issumg authonl1es of the State of Colorado, and WHEREAS, the Allocation Act provides for the assignment of bond allocations between issumg authorities of the State; and WHEREAS, the City deSIres to assign and transfer to the Issuer an amount equal to $1,276,080 of the 2005 Allocation, whIch the City will commIt and reserve for the issuance of such private aetivity bonds, to finanee residential housing faCilitIes for low- and middle-ineome persons and famIlIes WIthm the City and other cities and eountles In the State of Colorado; and WHEREAS, it is necessary to evidence sueh assIgnment and trarJSfer and the acceptance thereofby the execution and delIvery by the CIty of an Assignment (the "Assignment") between the City and the Issuer in substantially the form presented at this meeting. ATTAc;HIVIENT 2 WHEREAS, Section 29-3-104(2} of the Act provides that a county or muruelpalIty may delegate by resolutIOn or ordInance, as the ease may be, to any other county or munielpality authonty to act on its behalf In the financing of proJeets under the Act and that any such delegatIon may be general or lImited in scope and time and may be lITevocable for the term or terms of any financmg agreement or bond Issue, all as provided in such resolutIOn or ordInance; and WHEREAS, the Issuer proposes to issue SIngle family home mortgage revenue bonds pursuant to the Act (the "Bonds") to finance residential housing facilIties for low- and middle-Income persons and families within the City and other elties and countIes In the State of Colorado (the "Single Family Mortgage Loan Program"); and WHEREAS, the City desires to delegate to the Issuer the authonty of the City to finance and otherwIse take action and exerelse power under the Act on behalf of the CIty With respect to the SIngle FamIly Mortgage Loan Program WIthin the City; and WHEREAS, It IS necessary to evidence such delegation by the execution and delivery by the City of a Delegation and PartiCipation Agreement (the "Delegation and PartiCIpatIOn Agreement") between the City and the Issuer in substantially the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: Section 1. In order to facilitate the origmation of single family mortgage loans WIthin the boundaries of the City as part of the Single Family Mortgage Loan Program, the City hereby (I) assigns and transfers to the Issuer an amount equal to $1,276,080 of the 2005 AllocatIOn, (il) delegates to the Issuer the authority of the City to finanee and otherwise take actIOn and exerelse power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program WIthin the City and (ili) approves, and authorizes and directs the Mayor of the City to Sign and deliver and the City Clerk to attest and deliver, the Assignment and the DelegatIon and PartIcIpation Agreement in substantially the forms presented at thIS meetmg. Copies of the proposed ASSIgnment and Delegation and PartIcipation Agreement are on file m the offiee of the City Clerk and are available for inspectIOn by the public. Section 2 The Council hereby approves the Bonds and the Single Family Mortgage Loan Program for purposes of Section I 47(f) of the Internal Revenue Code of 1986, as amended. Section 3. The Mayor of the CIty IS hereby authonzed and direeted to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actIOns as may be necessary or convenient to carry out and gIVe effect to the DelegatIOn and PartiCipation Agreement, the Assignment, and thIS Resolution, mcluding any agreement or certifieate approving the Bonds or the Smgle Family Mortgage Loan Program for purposes of SectIOn I 47(f) of the Internal Revenue Code of 1986, as amended. Section 4. Nothmg contained in this Resolution, the Assignment, or the Delegation and PartielpatlOn Agreement shall constitute a debt. indebtedness or multiple-fiscal year direct or l\Srv-<:.-adm-OOIIU..n\bdelgad.llolMyFllcsIPROJECTS\PAB'sl2005 Certificate of Participation. R=. Assignment & Participation Agreements - Morro Ma~ Smgle Family Mongage Prog.lJOC" indirect debt or other financial obligation of the Ctty within the meaning of the ConstitutIOn or statutes of the State of Colorado or the home rule eharter of any politieal subdIVIsIOn thereof, nor give nse to a pecumary liability of the CIty or a charge agamst its general credit or taxmg powers. Section 5. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be mvalId or unenforceable, the mvalidity or unenforceabIhty of any such seetlOn, paragraph, clause or provIsIOn shall not affect any of the remammg proVIsIons of thIS Resolution. Section 6. ThIS ResolutIon shall be m full foree and effect upon ItS passage and approval. ADOPTED BY THE CITY COUNCIL THIS 14TH DAY OF FEBRUARY 2005 By Gretehen Cerveny, Mayor [SEAL] Attest: By Pamela Y. Anderson, City Clerk \\Srv-<:I-adm-OOI \UserslbdelgadilloMyFiles PROJECTS,PAB's'lOO5 CertIficate of Participation, Reso, Assignment & Participation Agreements - Metro Mayors Smgle FamIly Mortgage Prog.DOC EXHIBIT A DELEGATION AND PARTICIPATION AGREEMENT THIS DELEGATION AND PARTICIPATION AGREEMENT (thIS "DelegatIOn and PartiCIpatIOn Agreement") IS between the CITY OF WHEAT RIDGE, COLORADO, a home rule city and municipal corporation of the State of Colorado (the "CIty"), and the CITY AND COUNTY OF DENVER, COLORADO, a home rule CIty, a mumclpal corporatIOn and a polItleal subdIvisIOn of the State of Colorado (the "Issuer"). R E C I TAL S: WHEREAS, the City and the Issuer are each authonzed by the County and MUnICIpalIty Development Revenue Bond Act, constItuting artIcle 3 of tItle 29, Colorado ReVIsed Statutes, as amended (the "Aet"), to finanee projects as defined m the Act, includmg resIdentIal housmg facllihes for low- and middle-income persons and familIes; and WHEREAS, Seetion 29-3-104(2) of the Act provIdes that a county or mUnICIpalIty may delegate by resoluhon or ordinance, as the case may be, to any other eounty or muniCIpalIty authonty to act on its behalf in the financmg of projects under the Act and that any such delegatIOn may be general or limited in scope and hme and may be irrevocable for the term or terms of any financmg agreement or bond Issue, all as provided m sueh resolutIon or ordmance; and WHEREAS, pursuant to an Assignment Agreement dated the date hereof (the "ASSIgnment"), the City IS assigrung and transferring to the Issuer $ I ,276,080 of the CIty's 2005 bond ceihng for the State of Colorado and its Issumg authonhes computed under Section 146( d) of the Internal Revenue Code of 1986, as amended, under the Colorado Pnvate ActIVIty Bond CeIlmg AllocatIOn Act, constituting Part 17 of ArtIcle 32 of Title 24, Colorado ReVIsed Statutes, as amended, for use in the Issuance of private activIty bonds; and WHEREAS, the Issuer proposes to issue single family home mortgage revenue bonds pursuant to the Act (the "Bonds") to finance reSIdentIal housmg faeIlltles for low- and mlddle-mcome persons and families WIthin the City and other CitIeS and countIes in the State of Colorado (the "Smgle Family Mortgage Loan Program"); and WHEREAS, the City WIshes to partiCIpate m the Smgle FamIly Mortgage Loan Program; and WHEREAS, the City deSIres to delegate to the Issuer the authonty of the CIty to finance and otherwl'ie take actIon and exerelse power under the Act on behalf of the City with respect tc the Smgle Family Mortgage Loan Program within the CIty NOW THEREFORE, in conSIderatIon of the mutual covenants and undertakmgs set forth herem, the City and the Issuer hereby agree as follows: Section J. The City hereby delegates to the Issuer the authonty of the CIty to finance and otherwIse take action and exercIse power under the Act on behalf of the City WIth respect to the Smgle Family Mortgage Loan Program within the CIty. Section 2. The Issuer hereby accepts the delegation of authority from the City pursuant to Section 1 hereof and agrees to abide by each of the terms and conditions of thIS DelegatIOn \\SN-<:l.adm-OO\ \USttS'hdelgadil1o\MyFJlesIPROJECTSIPAB'sl2005 Certificate of Participation. Reso. Assignment & PartIcipation Agreements - Metro Mayors Smgk Falmly Mongage Prog.DOC and Particlpatlon Agreement in connection with the use of such delegation. The Issuer agrees to make avaIlable to the City no less than $1,276,080 of the proceeds of the Bonds for the origination of home mortgages wIthin the CIty'S boundaries. IN WITNESS WHEREOF, the City and the Issuer have caused thIs DelegatIOn and Participation Agreement to be executed to be effective as of February 14,2005. [SEAL] CITY OF WHEAT RIDGE, COLORADO By Gretchen Cerveny, Mayor Attest: By Pamela Y. Anderson, City Clerk 1\Srv-ci-adm-OOl IUsa>lbdelgadil\olMyFilesIPROJECTS\P AB's\2005 Certificate of Participation. Reso, Assignment & Participation Agreements - Metro Mayors Single Family Mortgage Prog.DOC [SEAL] CITY AND COUNTY OF DENVER, COLORADO, as Issuer By Mayor Attest; By Clerk and Recorder Approved as to form: By CIty Attorney CountersIgned' By AudItor \'Srv-<:'-adm-OOI ,l'scr<obdelgadillo'MyF,les'.PROJECTS'PAB','l00S Certificate of Pamc\panon. Reso. Assignment & Panicipation Agreements - MetrO Mayor; Single Family Mongage Prog.DOC EXHIBIT B ASSIGNMENT AGREEMENT This Assignment Agreement (the "Assignment") dated the 14th day of February, 2005, IS between the CITY OF WHEAT RIDGE, COLORADO, a home rule CIty and municIpal eorporatlOn of the State of Colorado (the "Assignor") and the CITY AND COUNTY OF DENVER, COLORADO, a home rule elty, a mUnicipal corporation and a politIcal subdIvisIOn of the State of Colorado (the "Assignee"). RECITALS WHEREAS, the Assignor has been awarded approximately $ I ,276,080 (the "2005 Allocation") of the bond ceIlmg for the State of Colorado and its issuing authontles (the "State CeIimg") computed under Section 146(d) of the Internal Revenue Code of 1986, as amended (the "Code"), under the Colorado Private Activity Bond Ceiling AlloeatIon Aet, constItutmg Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the "Allocation Act"), for use In the issuance of private activity bonds; and WHEREAS, subJect to the terms and condItions set forth herem, the ASSIgnor deSIres to asSIgn and transfer to the ASSIgnee, and the Assignee desires to accept, a portIOn of the Assignor's 2005 AllocatIOn in an amount equal to $1,276,080, whieh the Assignor agrees to commit and reserve for the issuance of such pnvate actIvIty bonds, and WHEREAS, the private actIvity bonds will be Issued by the ASSIgnee pursuant to the County and MuniCipality Development Revenue Bond Act, constitutmg Article 3 of Title 29, Colorado Revised Statutes, as amended (the "Aet"), and such bonds WIll be used for a purpose whleh qualifies as a "project" as deseribed m the Act. ASSIGNMENT In exchange for the agreements set forth herein and other good and valuable eonslderatIon, the receipt and suffieiency of whIch are hereby acknowledged, the parties hereto agree as follows. 1 In accordanee with actIOn taken by the governmg body of the Assignor on February 14, 2005, the ASSignor hereby asSignS and transfers to the ASSignee, a portion of the ASSignor's 2005 Allocation from the State Ceiling for pnvate aetivity bonds in an amount equal to $\,276,080 (the "Assigned Amount"). In additIon, the ASSIgnor hereby eonsents to the electIOn by the ASSignee, If the ASSignee m Its discretIon so decides, to treat the Assigned Amount as an allocatIOn for a project with a earryforward purpose and/or to make a mortgage credIt cert1fieatlOn election, thus aVOIding reversion of the ASSIgned Amount to the statewide balance under the AllocatIOn Act. 2. The ASSIgnor represents that is has receIved no monetary eonslderation for the asSIgnment set forth above. \\S'"<I-adm-OO1 \U~'bdelgadil\olMyfi\csIl'ROJECTS\PAB's\200S Certificate of Participation, Reso, Assignment & Participation Agreements - Metro Mayors SlOgle Farruly Mortgage Prog.DOC 3 The Assignee hereby: (a) Accepts the assignment of a portIOn of the Assignor's 2005 AllocatIOn from the State Ceiling deseribed above; (b) Agrees to make available to the Assignor no less than $1,276,080 of the proceeds of certain srngle family home mortgage revenue bonds to be tssued by the AsSignor for the originatIon of home mortgages Wltlun the Assignor's boundaries; and (c) Agrees to abide by each of the terms and condlt1ons of this ASSIgnment m connection With the use of a portIOn of the AsSignor'S 2005 AllocatIOn. IN WITNESS WHEREOF, the Assignor and the Assignee have eaused thIS mstrument to be exeeuted to be effective as of the date arid year first written above. [SEAL] CITY OF WHEAT RIDGE, COLORADO By Gretchen Cerveny, Mayor Attest: By Pamela Y. Anderson, City Clerk l\.Srv<,-adm-OO 1 IUserslbdclgadil\o\MyFi\esIPROJECTSIP AB'sl2005 Certificate of Participation. Reso, Assignmenl & Participation Agreements . Metro Mayors Single Farrnly Mortgage Prog.DOC [SEAL] CITY AND COUNTY OF DENVER, COLORADO, as Issuer By Mayor Attest: By Clerk and Recorder Approved as to form: By CIty Attorney Countersigned: By Auditor \\Srv<i-adm-OOI 'Usersbdelgad,lIoMyFiles PROJECTS'PAB's\200S Certificate of PartIcipation. Reso. Assignment & PartiCipation Agreements - Metro Mayors Smgle Family Mortgage Prog.D<X' ITEM NO' !)" REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 14,2005 TITLE: A REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A CAR WASH FOR PROPERTY LOCATED AT 4470 WADSWORTH BOULEVARD (SUP-04-03/KWIK CAR) ~ PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS D ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING QuasI-JudiCIal' ~ 0 Yes No ~ Iii&-" Commulllty Development DIrector EXECUTIVE SUMMARY: S & 0 Development IS requesting approval of a specIal use permit for the property located 4470 Wadsworth Boulevard. The property IS currently zoned Commercial One The applIcant WIshes to construct a 3,264 square foot car wash. The Code of Laws reqUIres a speCIal use pcrmlt for any car '" ash facility In the C-l zone dlstnct. The subJect parcellS 38.357 square feet In size. or approxImately 88 acres. The request was dellled admInIstratively due to obJectIons receIved dunng the ten-day publIc notlce penod. CO:\IMISSIONIBOARD RECOMMENDA TION: A speCial use permIt request starts as an administratIve revIew. A ten-day pubilc notice penod begins dunng whICh comments may be submItted III favor of or agatnst the proposal. If any relevant objectIOns at"C received during the publIc notice penod. the request must the request must be forwarded to City CouncIl for reView Two obJectIOns were receIVed. each from directly adjacent neighbors. ST A TEMENT OF THE ISSUES: A major interior dnve aIsle will be dlscontlllued as a result of thIS development. The dnve atsle has not been formailzed via easement or agreement; however, it has hlstoncally served as a connector from West 44th Avenue to West 45th Avenue. The proposed access points will create the convergence of several traffic movements. AddItIOnally, the serpentine traffic pattern onsite may create confusion and confliCt. AL TERNA TIVES CONSIDERED: None FINANCIAL IMPACT: The City has receIved a one-tIme apphcatlOn fee for the land use applicatIon. When redevelopment occurs, the City WIll receive a one-time bUlldIng permIt fee. There wIll not be substantive sales tax generated as a result of the tntended use; however, there wIll be use tax generated. RECOMMENDED MOTIONS: "I move to approve Case No. SUP-04-03, a request for approval of a speCIal use permIt to allow for a car wash facIlIty located at 4470 Wadsworth Boulevard, for the followmg reasons' The car wash facihty wIll create mlmmallmpacts upon the general health, welfare, safety and convellIence of persons resIdtng or working in the neighborhood of the proposed use. 2. The car wash facIlIty WIll not create nor contribute to blight In the neIghborhood by virtue of physical or operational charactenstlcs of the proposed use. 3 Given the unusual parcel size and shape, other development opportumtles would be dIfficult. With the follOWing conditIons Hours of operatIon shall be hmlted to 7 a.m. to 10 p.m. 2. The property shall be developed m accordance WIth the sIte plan. as mcluded as 'ExhIbIt 6' 3 The grant of use shall be for the property and may be mhented." OR "1 move to deny case number SUP-04-03, a request for a specIal use permIt to allow a car wash for property located at 4470 Wadsworth Boulevard, for the followmg reasons. Report Prepared by: Travis Crane, 303.235 2849 ReViewed by' Alan White Attachments. I City CouncIl staff report (With exhibits) UJCase ReVlewlKwi)( Car/4470 Wadsworth Council ACIJOn Form Februan 1. 2005 CIt\ of Wheat RIdge Attn Travis Crane 7500 'VIi 29th Ave Wheat RIdge. CO 80033 TravIs. As a neIghbor and manager of the Pep Boys Automotive Center located next to the proposed K WIk Car 'VIi ash I \\ould like to express my support for thIS proJect. Aaron Green vIsIted the store on Fnday January 29. 2005 to sho\\ me theIr prOJect. As you may be aware Pep Boys had some concerns regardmg thIS proJect. After renewing theIr plans I am m complete support of theIr design. Our mtlal concern was traffic tlO\\ throughout the center Our mam concern was the abIlIty for traffic to leave our business and contmue south on Wadsworth Bh d. Currently that movement IS proVIded by the e:-.ll located South of the Ace hardware and na the "alley" going North to 45th and then left to Wads\\orth. Our concerns \\ere based on seemg a very early SIte plan created by S & 0 Development and done pnor to any cIty submIttals. After newmg the eurrent approved slle plan I feel that S & 0 Development has addressed all of our concerns and Improved traffic speeds throughout the center \\ e are lookmg forward to thIS development and fully support every1hmg they ha\ e done Sl~./ -~ ;0---/ ;p;/-- Tim Masek Manager Pep Boys PEPBO~ .UTO~ Perts. Se.-vIc. _ So Much More Tim Masek Manager - #468 Jill!U ~i 7525 West 44th Avenue Wheat Ridge, CO 80003 (303) 420.7444. Fax: (303) 467.0473 ~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' City Council CASE MANAGER. TraVIs Crane CASE NO. & NAME: SUP-04-03/Kwik Car DATE OF MEETING February 14. 2005 ACTION REQUESTED' Approval of a special use permit to allow for a car wash facilIty located at ..\..no Wadsworth Boulevard on property zoned Commercial One (C-I) LOCATION OF REQUEST 4470 Wadsworth Boulevard APPLICANT (S) S & 0 Development OWNER (S): Same APPROXIMATE AREA: 38.357 sq. ft. (0.88 acres) PRESENT ZONING Commercial One (C-I) COMPREHENSIVE PLAN CommuOlty Commercial Center (CC) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION ,. J.ri~"".n E 'l~ [ 'I 11. R~ ! 'On \ _- :1: All notificatIon and postIng requirements have been met, t erefore, there IS JunsdlctlOn LO hear t IS case. " LocatIon Map I I pen R-2 ) f! Ie R~ I Subject Parcel ! , ~ e t. i R~ . i , City CoonClI Case SUP.()4.03IK,.,k Car ATTACHMENT 1 I. REQUEST The applicant IS requestmg approval of a specIal use pernut to allow for a car wash facilIty (Exhibit I. Letter of Request). The property IS zoned Commercial One (C-I). II. CASE ANALYSIS The property III questIOn IS located at 4470 Wadsworth Boulevard and is 38,357 square feet. or approxnnately .88 acres. The property IS currently vacant. This property was subdivided as a part of the Ace Hardware Lor Two Subdivision in August of 2003 The lot has a fairly lITegular shape. The Code of Laws states that any car wash in the C-I zone district shall require a speCIal use penrut. The SUP process starts as an adnunistrative review Once the referral and staff review period has been completed. a ten- day public notice penod begms. During thiS ten day penod, the public IS gIven an opportunity to submit written objectIOns regarding the request. If any relevant objections are received, or if the Community Development DIrector does not approve the request based upon specific criteria in the Code of Laws. the application must be forwarded to City Council for consideration. The Community Development Department did receive two relevant objectlOns during this period (Exhibits 2 and 3, Letters of ObJection) Additionally. the Code of Laws requires a neighborhood meeting prior to submittal of an application for a special use penmt. A neIghborhood meeting was held on June 29. 2004 There were several neighbors In allendance. The mam concerns expressed at this meeting were in regards to increased traffic and internal circulallon In the shopping center (Exhibits 4 and 5. Neighborhood Meellng Summary, Neighborhood Meetmg Sign m Sheet). III. SITE PLAN REVIEW A site plan. landscape plan and building elevallons have been submitted for review (Exhibit 6. Site Plan et al). The property IS currently undeveloped. Development must adhere to the standards as dictated in the C-I zone dlstnct. All applicable developmenl standards have been reviewed In accordance With the submmed plans. and have been met or exceeded. These development standards Include lot coverage. landscapmg area and quantilles, parking requirements. building setbacks. height and architecture. and exterior lighting. Should the special use permit be approved, complete building plans must be submitted and approved as part of the building permit process. Lot Coverage The C-I zone distnct allows a maximum lot coverage of 80% Lot coverage IS defined as all buildmgs and paved areas. Based on a lot which is 38.357 square feet. a total of 30,685 6 square feet may be building and/or paving. The site plan detaIls 29.975 square feet to be bulldmg and paving. Setbacks The C-l zone district requires mimmum front, side and rear yard setbacks for all structures. The Code specifies that the front yard setback shall be a nunimum of 50 feet. However, this property is located withm a 'mixed use' area, as designated by the Streetscape and Archirectural Design Manual. The Manual states that for properties Within the 'mixed use' area, front yard setback shall be a maximum of 15 feet. This is known as the "build-to" line. The Code of Laws states that the Community Development Director can grant a waiver of this "build-to" line adnulllstratively Due 10 the configuration of the lot and the nature of the intended use. it was concluded that the "build-to" line is not feasible in thiS location. The Code goes on to state that if the waiver is part of another request. the City CounCil shall have the authority to grant a waiver of the "build-to" line. For this reason, the waiver for adherence to the "build-to" line shall be reviewed concurrently with the Special Use Permit request. and approved as a part of the site plan. The site plan shows a front yard setback of 94 feet. ell)' Counal ClS< SUP.().I.03/KWlk Car 2 The C-I zone dlstnct requires a miOlmum sIde yard setback of 5 feet per story The buildmg is considered one- story The side setback on the southern property line is 10, and 97 feet on the north. The C-l zone dlstnct requires a ten-foot setback for a one-story building. The provided rear yard setback is 153 feet. Building The sIte plan shows a new 3.264 sq. ft. building onented towards Wadsworth Boulevard. The bUlldmg deSign IS oblong In shape, to accommodate the tunnel wash. The patrons wIll enter the car wash on the west side of the building and will be pulled through. eXItIng on the east side of the buildIng. The tunnel has the capacIty to pull 3 cars through successIVely There are 6 vacuum stalions on the east side of the property. each WIth 2 vacuums. The C-I zone dIstrict allows a maximum building heIght of 50 feet. The proposed structure will be a maximum of 18 feet: inches m height. A building elevation page has been included In the site plan (Page A4 1). The elevations show the buildmg to be constructed of brick. The construction materials are in accordance with the Streetscape and Architectural DeSign Manual. Access/Ci rcula tion/Parking The property will gain access from two points: Wadsworth Boulevard and West 45<11 A venue. There is an eXisting cross access easement which serves the West 45<11 A venue access point. This easement was established on the Ace Hardware Subdivision Plat. A second cross access easement will be established for the Wadsworth Boulevard access point. An agreement has been submitted by the property owner of "Lot I" (Ace Hardware) acknowledgIng the future easement. Each of these access points exist, and are currently being used by adjacent businesses and their patrons. There is currently an informal drive aisle that connects West 44<11 Avenue to West 45<11 Avenue ThIS drive aisle has functioned to serve the entire shoppIng cenler, albeit without proper cross access easements. The sile plan for the car wash shows the southern property line to be delineated with vertical curb and gutter. effectively dlsconllnulng the drIve aisle. The dIscontInuation of thIS drIve aisle, coupled WIth the multiple turning movements inlernally on the sIte could present some cIrculation problems. Staff has vOIced these concerns to the applicant, however. there is no reqUirement that the drive aisle be maintained, or that the internal circulatIOn be free of contllct. A traffic study was reviewed and accepted by the Public Works Department. The applicant will construct a "no rIght turn" sign for northbound traffic at West 45<11 Avenue. This will prevent any traffic turnIng nght (east) OnlO Wesl 45<11 Avenue through the neighborhood. The Code requires one parking stall for each car wash bay The applicant Indicated that 3 cars can be cleaned in the tunnel at one tIme, in vanous stages of the cleaning cycle. Each of these cycles has been mterpreted by staff as a bay There are five parking spaces proposed. with one bemg a van-accessible handicapped parking stall. Landscaping The Code reqUires a miOlmum of twenty percent of the site to be landscaped. Based on a site of 38,357 square feet. a total of 7.6714 square feet of landscape area is required. The landscape plan (page Ll) shows a total of 9.089 square feet 10 be landscaped. The applicant has provided trees and shrubs in accordance with the Code of Laws. A landscape buffer is required on the eastern property Ime due to proxirruty to Apel-Bacher Park. The Code reqUires either a 6-foot solid fence or a 15-foot landscaped area to serve as a buffer The site plan shows a 15.5 fOOl landscaped buffer on the eastern property line. Within this buffer. one tree or shrub is required every 2 linear fee\. The plan details 70 specimens within the buffer, which meets the requirement. Additionally. a ten- fool landscape buffer is required on the western property line adjacent to Wadsworth Boulevard. The landscape plan shows a ten-foot landscape strip adjacent to Wadsworth. ell} CounCIl C~SC Sl'P-04-03/}('IoIr.IK Car 3 IV. AGENCY REFERRALS The proposal was referred to all of the necessary outside agencIes. All respondmg agencies stated that servIce could be provIded to the property The PublIc Works Department has reviewed and approved the dramage report and civil drawmgs. The parcel is adjacent to Apel-Bacher park, therefore the Parks and Recreatlon Department reviewed the request. The Parks and Recreation Department requested that the eastern property lIne contam shrub beds as opposed to natlve seedmg. The landscape plan reflects thiS request. This parcells located withm an Urban Renewal Area. therefore a cursory review IS requlfed by the Urban Renewal Authonty The Authonty reviewed this request on September 7,2004 A memo regarding thIS meeting is attached (ExhIbIt 7, ORA Memo) V. SPECIAL USE PERMIT REVIEW Staff has the followmg comments regarding 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 applicant shall show. and the commuOlty 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 proposed use should not have a detrimental effect on the general health. safety or welfare of persons in the neIghborhood. 2. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. The proposed car wash facility should not contribute to blight m the neighborhood. The property IS currently vacant and is in general disrepair The applicant proposes to construct a new build mg. whIch IS an improvement over a vacant lot. 3. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. The proposed car wash facilIty should not affect the adequate lIght and aIr. nor cause sigOlficant air pollutlon. The business may IOcrease the noise pollution 10 the area. The tunnel car wash will have automatlc dryers at the end of the cycle on the east SIde of the build 109. adjacent to the park. The 6 vacuum stations will add to the noise. There could be an auditory Impact to Apel-Bacher Park. Given the use. there will most likely be some water run-off generated. 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 10 traffic 10 the area. All of the City's parking requirements have been met. The installatIon of the vertical curb on the southern property line and the placement of the buIlding wIll impede an eXIsting IOternal drive aisle. The general conliguration of the site will present some Internal traffic movement conflicts. The drive aisle from Wadsworth Boulevard and the drive aIsle from West 45lh Avenue will intersect at the point where customers are funneled into the car wash. There should not be any loadlOg or sp.rvice conflicts to the detnment of persons whether on or off the SIte. Clf)' Counctl c~ SlIP.04-03/KWlk Car 4 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 proposed car wash facility will conform to all development standards m the C-l zone dIstrict. The use of brick will be in harmony wIth some eXIstIng buildmgs. The proposed landscapIng IS In harmony wIth the landscapmg Installed on the property to the north. 6. WiII 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 existing streets, utilities. parks, schools or other public facilities and services. All of the necessary agenCIes for public facilities and utilities were notIfied of thIS request the responding agencies stated that servICe can be proVided to the property 7. History of compliance by the applicant with Code requirements and prior conditions, if an)', regarding the subject property. The applicants have no history of compliance or noncompliance with the City of Wheat Ridge code requirements. 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 penrut 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 RECOl\1;\IENDA TIONS Staff concludes that whIle the proposed car wash facility will have an Impact on the traffic and Circulation in the surroundIng area. there are no legal requirements to maintaIn the informal drive aisle. Additionally the shape and size of the lot precludes many other uses or structures. City Council shall deCIde if the request IS a personal grant of the owner or owner Therefore, staff recommends APPROV AL of Case No SUP-04-D3 VII. RECOMMENDED MOTIONS Option A. "I move 10 approve Case No. SUP-04-03. a request for approval of a specIal use penrut to allow for a car wash facility located at 4470 Wadsworth Boulevard. for the follOWIng reasons. The car wash facility will create mmimal impacts upon the general health. welfare. safety and convenience of persons residing or working m the neighborhood of the iJroposed use. 2. The car wash facility will not create nor contribute to blight in the neighborhood by VIrtue of physical or operational characteristics of the proposed use. 3 Given the unusual parcel SIze and shape, other development opportunities would be difficult. City CounCIl Case SUP.04.03/Kwik Car 5 5&0 Bel/e'ollmen" LLC developing turn-key businesses May 25, 2004 To Whom It May Concern. S & 0 Development LLC IS proposmg to develop a 120' eonveyor KWlk car wash system at 4470 Wadsworth. ThIS state of the art facIhty wIll be owned and operated by Rob and Judy Wilcox. The purpose of this car wash is to meet the eommunity and surroundmg area's needs for a car wash by proViding a cost effieient, enVironmentally frIendly and high quality car wash. The car wash will be an extenor only wash. Meanmg It will not be full servIce WIth detaIl bays. Although it wIll not be full service there WIll be an attendant on sIte dunng hours of operatIOn. An attendant will open and close the car wash but also provide for on SIte presence to cut back on trash and lOItering while all the time provldmg a friendly atmosphere for our eustomers. ConstructIOn will eonsist of an all-strueturaI brick bUlldmg 1D earth tones WIth a eornlee cap. The lot WIll be professionally landscaped. This IS all done to provIde a warm pleasmg atmosphere that adds to Its environment-never taken away The benefits of our car wash besIdes the supenor constructIon are VIrtually no wattmg m line, anendant operated and environmentally fnendly. The eonveyor tunnel ear wash WIth Its uruque abIlity to wash more than one ear at a tIme allows us to wash more cars m a day with very hnle Walt tIme. llus keeps the process flowlng WIth very lInle need for stacking. As discussed earher, an attendant will keep the property clean and aid in the flow of traffic. All of our car washes are built usmg a water re-claim system. We ean re- claim up to 95 % of the water used to wash a car By usmg tlus system we can reduee our water meter to a one-inch, allowing us to use less water and discharge Jess into the CIty waste system. UtiliZUlg the MacNeIl wash system and Kwik lndustnes 30+ years' expenenee, thIS car wash will stand out Ul the community as a pnme example of a busmess that exeeeds the commumty's expectatIons of how you wash your ear. G;) ~ <;;-~0 -- 2421 West Edgewood Drive Jefferson City. MO 65109 EXHIBIT 1 ~1/~5/2~~5 ~7:~3 215-43E'HI54~ PEP BOYS/LEGAL PAGE E'l2/E'l2 ~ PEP BOYS. JAN n b 700~ ) -~~~-~-~. Anita K. Holm Corporate Covnsel January 6, 2005 VIA FACSIMILE to 303.235.2857 City of Wheat Ridge Community Development Department 7500 West 29m Avenue Wheat Ridge, CO 80033 RE: Case No. SUP-04-03 4470 Wadsworth Boulevard To Whom It May Concern: Pep Boys is respondmg to your lettcrr of December 27, 2004 regarding the above captloned case, which we received from a ne1ghboring tenant on January 4,2005. It is our ill1derstandmg that a hearing will be held on the matter on January 14, 2005 ("Heanng"). We do not appear to have been formally noticed in this mattcrr Please be advised that Pep Boys objects to the grant of a Special Use Permit to allow the car wash facility on C-l (Commercia.l-Qne) zoned property located at 4470 Wadsworth Boulevard. As we did not receive nonce with adequate time to fully prCSelJt our objections, such objectlons Will be presented in writiIlg prior to the HeMing. Prelimmarily, however, we believe that the proposed plans will create unpermissible traffic problems aDd block Ilccess to a public right-of-way, and that the Special t:se Pennit should, therefore, be denied. If you have any questions, please feel free to contact me dIrectly. AKH CC: Glenn Fink Kevin Fucile (via ~1) Charles F. Larkin Ellen Frank Tim Masek (via email) Dan TapeUa (via certified mail return receipt requc;sted) Pacific Realty AslIoc:iates L.P. (via certified mail, return receipt reaues~ . 3fffw..." AJlegheiry A~ . ~ All 19132 . (215) ~9285 FIIX (215) ~4640 '1HMl: o!II1Ua....hOIm Opepboys.com EXHIBIT 2 Jefferson County Housing Authority 6025 West 38tll Avenue . Wheat Ridge Cnloradn 80033 303-422.86CX) . Fax 303.422.3229' T D D 1.800.{i59-2656 Ernali wf!cohsgCg'aol cnrn Mr Alan White elly of Wheat Ridge 7500 West 291h Ave Wheat Ridge. CO 80215 \J~~~~~~J January 3. 2005 Dear \Ir While' I am respondlllg to a letter from your department dated December 27, 2004 The letter IS In regards to Case No SUP-04-03, a request for administrative approval of a Special Use Pemlllto allow a car wash facilIty on C-! zoned property located at 4470 Wadsworth Boulevard. As an adjacent property owner to this proposed facility, ! am concerned about ItS Impact. L'nder the Clly of Wheat RIdge MunicIpal Code, Section 26-114. D Cntena for reView, we belIeve that thiS ~Ile I'oould, as currently proposed. The slle will allow for cars to come III off of Wad~worth III the Imddle of four adjacent commercial properties, which have Significant pede~tnan and automobile traffic The proposed SIte entrance and exIts cuts off the current traffic flow patterns between thc,e properties and completely changes the way traffic pattern~ Will be In the future It I~ therefore a VIOlatIOn of SectIon 26-114, D I Will hale a detrImental effect upon the generul health. kelfare, safety and cOlll'enience of persons reSiding or lwrk/llg In the neIghborhood of the proposed use 2. As traffic patterns will change as described above, cars will have to eXIl south from our property and go east Into a reSidentIal neighborhood and then south to reach 44th avenue, as opposed to traveling south through the current aile) past the Pep Boys park.lIlg lot to 44'h avenue. The Pep Boys customers Will very lIkely only be able to eXIt onto 44'h avenue III order to go north. Therefore thiS IS a VIOlatIOn of Section 26-114, D 4 Will not result zn undue traffic congestIOn or traffic ha~ards. or unsafe parking, loadlllg senice or internal traffic conflicts to the detrImelll of persons whether on or off the site 3 We do not belIeve the design of thiS car wash will be compatible With the three adjacent properties. which are all block Mruc;ure WIth retail entrances and parklllg areas for theIr cuslOmers. Therefore, thiS IS a VIolatIon of SectIon 26-114. D 5 Will be appropriately desq;ned, including setbacks. heights. parkzng, bulk, buffering, screelllng and landscaping, so as to be in hannonv and compatible with the character of the surroundzng areas and neighborhood. especially ,,'ith adjacelll properties 4 There is an established alley bel ween 44th avenue and 451h avenue, which serves the four adjacent commercial properties. A car wash WIth many cars gOlllg In and out along thIS alley will create conSIderable congestIon along thiS alley We belIeve that it will VIolate 26-114, D 6 Will nor ol'erburden the capacities of the existing streets, utilities, parks, schools and other public facllllies and senices, EXHIBIT 3 Letter to Mr White, page 2 In cloSIng, we believe that this facIlity will create a burden to the eXistIng adjacent commercial properties. We hope that you will not allow thIS facilIty to operate at their proposed locatIon. If you have any questIOns regarding thIs matter, please contact me at your convenIence at (303) 422-86900 x25 SIncerely, (li~//\ ~ Alan M. FeC;i'~ V Executive DIrector 7500 West 29th Avenue Wheat RIdge, Colorado 80215 City of Wheat Ridge Telephone (303)235-2846 Fax (303)235-2857 Date: 29 July 2004 City Staff Present: TravIs Crane Location of Meeting: MUnIcipal Bulldmg, 2nd floor conference room Property Address: 4470 Wadsworth Boulevard Property Owner' Todd Youngblood Property Owner Present? Yes Applicant: Aaron Green (S&O Development) Existing Zoning: C-l Comp Plan Designation: CC - CommunIty Commercl3l Existing uselsite conditions: Vacant Applicant proposal: Would hke to apply for a speCial use penmt to allow a car wash The car wash would be a 'tunnel wash'. There would be vacuum stations mcluded as well Issues discussed: There were several attendees and two applicants at thiS meet mg. There were questions regardmg the type of busmess, Ie, would auto repaIr be a component of the car wash. General questIons were asked about landscapmg and the type of bulldmg to be constructed. Many questions were asked in regard to eXlstmg traffic and the amount of traffic generated by the Intended use Many attendees asked about the dnve aisle which runs from West 44th Avenue to West 45th Avenue, and how the traffic In the shoppmg center would Circulate. There were also concerns regarding traffic routed east through the neIghborhood. It was mentIOned by Staff that a turn prohibitor at West 45th Avenue could be reqUIred. One attendee mentioned that trees on the eastern property Ime could provIde refuge for homeless, and that a fence would be more pleasmg. One question was asked In regards to the Wadsworth Comdor Study, specifically if a median Will be constructed. EXHIBIT 4 c.f 0 ~ ~ ~ m .-J -0 Z )( ~ r- m m :t ~ )> - (J) G> - ~ I) )> m GJ 1 0. :x: Qf 0- -0 tr - ~ -'\ :xl -t ~ ('p - (...(.,-- (/l Z ~~ (/l -\ (J)g~ Ut z _ ('p :x: )> G'> N 0 :: ~~ 0 m Z~O <:> .;.~ ~~ m Y! ~ i ~ G~ if t - .c-~ z 0 G> (}l ~ \~ b \ -1 ~ \; '}J 'w' w " ") ~ <<;.) 'W \J ----------- ~ ~ ~ ~ ~ m ~ ~ ~ N ~ .... 0 i City of Wheat Ridge Community Development Department Memorandum TO: TravIs Crane FROM: Alan WhIte SUBJECT: 4470 Wadsworth/SUP ApplicatIon DA TE: September 27, 2004 On September 7,2004, the Wheat RIdge Urban Renewal Authonty met and discussed the proposal for a car wash located at 4470 Wadsworth Boulevard. The Code of Laws reqUires that any land use applIcatIon submItted for properties located wlthm desIgnated Urban Renewal Areas shall be referred to the URA. A few members commented on the property layout and stated that.access to and from the SIte could be problematIC Another comment was made regardmg the type of constructIon matenals. Staff commented that these items were not within the Authonty's punilew It was stated that the proposed use could proVide spm-off busmess for eXIstmg auto-related uses. The Aurhonty came to the consensus that they do not obJect to the proposed use. EXHIBIT 7 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 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. February 14,2005 TITLE: COUNCIL BILL 02-2005: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, \" CONCERNING BUSINESS LICENSES D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS [g) ORDINANCES FOR 1ST READING (Date: February 14,2005) D ORDINANCES FOR 2ND READING Quasi -J udIClal' D Yes [g) No c{Je:1ffi1I City Attorney EXECUTIVE SUMMARY: ThIS ordmance amends SectIOns 11-22 and ll-24(d) of the Wheat Ridge Code of Laws to eltminate ambiguity in the Code concernIng business licenses and to reqUIre that a business first obtaIn a lteense before operatIng In the CIty COMMISSION/BOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: All bUSInesses In the City must be ltcensed. As currently \\TItten. Code SectIOns 11-22 and I I -24(d) permit a bUSIness to operate while an appltcation for license is pendIng. ThIS has caused enforeement problems. At least one bUSIness has claimed It could operate without a lteense and even before It applted for a license Most other cIties require that a license be Issued before commencIng bUSIness. The ordInance amends both scetions. makIng It clear that a bUSIness must first have a valid ltcensc before the bUSIness could commence operatIOns. ALTERNATIVES CONSIDERED: None. FINANCIAL IMP ACT: None. GED/WRfRFCA/OOI RECOMMENDED MOTION: "I move to approve Council Bill 02-2005 on first reading, order it published, publIc hearing set for Monday, February 28, 2005 at 7'00 p.m. in City Council Chambers, and that it take effect 15 days after final publIcatIOn." or, "I move to table mdefillltely CouneIi Bill 02-2005 for the followmg reason(s) Report Prepared by' Gerald Dahl, City Attorney (303) 493-6686 ReViewed by' PatrIck Goff, Deputy CIty Manager (303) 235-2805 Attachments: I. Council Bill 02-2005 GEDIWRlRFCNOOI CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No 02-2005 Ordinance No. Series of 2005 TITLE AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 11 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING BUSINESS LICENSES WHEREAS, the City of Wheat Ridge, Colorado is authorized to regulate businesses; and WHEREAS, the City Council has previously enacted Article II of Chapter 11 of the Code of Laws concerning business licenses, and WHEREAS, Sections 11-22 and 11-24 within said Article define the circumstances constituting a violation of the Code and govern applications for business licenses, and WHEREAS, the Council finds that Sections 11-22 and 11-24 should be amended to eliminate ambiguity concerning applications for business licenses and to require that a business first obtain a license before operating in the City NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: .. Section 1. Section 11-22 of the Wheat Ridge Code of Laws is amended to read' It shall be a violation of the City Code to conduct business within the city without a valid business license or without an application filed in a timely manner with the city trocH;uror unless specifically exempted from the provisions of this article Each day that a business is conducted in violation of the City Code shall be a separate offense Any violation of this article shall be subject to any of the remedies as provided by section 22-46 of this Code of Laws Section 2. Subsection 11-24(d) of the Wheat Ridge Code of Laws, which permits the operation of a business while an application for a business license is pending, is hereby repealed. Section 3. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, saf ty, 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 GEDM'RlORD/OOl ATTACHMENT 1 Februaf\ I. 2005 City of Wheat RIdge Attn' Travis Crane 7500 W 29th Ave Wheat Ridge. CO 80033 TraYls. As a neIghbor and manager of the Pep Boys Automotl\ e Center located next to the proposed Kwik Car Wash I would like to express m) support for thIS proJect. Aaron Green nsJted the store on Fnda) January 29.2005 to show me theIr proJect. As you ma) be aware Pep Boys had some concerns regardmg this proJect. After renewIng theIr plans I am In complete support of theIr deSIgn. Our Intial concern \\ as traffic flo\\ throughout the center Our mam concern was the abIlIty for traffic to lea\e our busmess and contmue south on Wadsworth Bhd. Currentl) that movement IS prOVIded b) the eXIt located South of the Ace hardware and na the "alley" gomg North to 45th and then left to Wadsworth. Our concerns were based on seemg a ver) early sIte plan created by S & 0 De, elopment and done pnor to any CIty submJttals, After vIewmg the current approved sIte plan I feel that S & 0 Development has addressed all of our concerns and I1nproved traffic speeds throughout the center We are lookmg forward to thIS den:lopment and fully support everything the) have done S]~/ -- ~/~/- Tim Maseh Manager Pep Boys PEPBOVS ~- Pa_ ServIce _ So Much Mono Tim Masek Manager - #468 Jill~ "''7~---, m~ 7525 West 44th Avenue Wheat Ridge, CO 80003 (303) 420 7444 . Fax: (303) 467.0473 ~ el/e6/2ees e7:e3 21S-43e-464e PEP BOYS/LEGAL PAGE e2/e2 --- PEP BOYS. JAN n i:i ?OO~ i -~.::....~~...:....::.....::. ~ Anita K. Holm (;()rporate (;()unsel January 6, 2005 VIA F ACSIMll.E to 303.235.2857 City of Wheat Ridge Community Development Department 7500 West 29'" Avenue Wheat Ridge, CO 80033 RE: Case No. SUP-04-03 4470 Wadsworth Boulevard To \Vhom It May Concern: Pep Boys is respondmg to your letter of December 27,2004 regarding the above captioned case, which we received from a neighboring tenant on January 4,2005. It is our undentandlUg that a hearing will be held on the matter on January 14, 2005 C"Heanng"). We do not appear to have been formally noticed in this matter. Please be advised that Pep Boys objects to the grant of a Special Use Permit to allow the car wash faciltty on C-l (Commercial-One) zoned property located at 4470 Wadsworth Boulevard. As we did not recetve nonce WIth adequate time to fully preseut our objections, such objections w1l1 be presented in writing prior to the Hearing. Preliminarily, however, we believe that the proposed plans will create lDlpermisSlble traffic problems and block access to a public right-of-way, and that the Special Cse Pexmit should, therefore, be denied. If you have any questions, please feel free to contact me dlI"CCtly AKH cc: Glenn Finlc Kevin Fucite (va entail) Charles F. Larkin Ellen Frank Tim Masek (via email) Dan TapeUa (via certified mail return receipt requc::sted) Pacific Realty Associates L.P (via certified mail, return receipt reQuested) 3111 West AlfeghetTyA-.ue. ~ A4 19132-(215) 4.30-9285 Fu (215) 4.3O-4l539I.540 .lHnaI: 1HI1la..-hoImOpepboyS.com EXHIBIT 2 CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO. l.D. PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. TITLE: RESOLUTION 09-2005. APPROVING AN ASSIGNMENT AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AND PARTICIPATION AGREEMENT TRANSFERRING TO THE CITY AND COUNTY OF DENVER, THE CITY OF WHEAT RIDGE'S 2005 ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS TO FINANCE PLEASE PERSONS. IN FAVOR OPPOSED IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl DATE: February 14, 2005 GENERAL AGENDA ITEM COMMENT ROSTER ANY PERSON MAY SPEAK CONCERNING ~, EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. \ . -~ ~'[ ~'h.'r ~p' "'~'-k;~ ~bt :~r ~~ > NAME ADDRESS AGENDA ITEM NO.