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HomeMy WebLinkAbout05/09/2005 6:30 p.rn, Pre-Meeting 7arn Ander-oM) ~\ a = I\J ~;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Mav 9. 2005 7:00 p,rn, CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF April 25. 2005 PROCLAMATIONS AND CEREMONIES Colorado Auto Theft Investigators (CATl) Awards to Officer Kevin Koback and Officer David Piermattei Proclamation for Mental Health Month - May 2005 ALS Awareness Month - May 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. Approve Award of ITB-05-06 2005 Overlay Project in an amount not to exceed $586,479 85 (including contingency) B RESOLUTION 23-2005 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BElWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 32ND AVENUE BElWEEN MORNINGSIDE DRIVE AND SIMMS/SWADLEY STREET CITY COUNCIL AGENDA. May 9, 2005 Page -2- C RESOLUTION 24-2005. A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $6,279.25 FOR EMERGENCY RESPONSE ENVIRONMENTAL CLEAN-UP SERVICES D RESOLUTION 25-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,000 00 FOR LEGISLATIVE SERVICES E Approval of Payment to CIRSA for deductible portion of claims paid by CIRSA for March property casualty in the amount of $29,51764 F Allocation of $40,000 from the 2005 Capital Improvement Budget to the 38th Avenue Business District. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Item 3. COUNCIL BILL 05-2005 AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT (Case No WCA-05-01) PUBLIC HEARING ON A REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE. (Case No SUP-05-04/Cabela's and Coors) ORDINANCES ON FIRST READING Item 4. Item 5. COUNCIL BILL 08-2005 AN ORDINANCE AMENDING SECTION 16- 127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SALE OF ALCOHOL TO MINORS COUNCIL BILL 09-2005 AN ORDINANCE AMENDING SECTION 16- 103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT City of Wheat Ridge City Manager's Office Memorandum TO: Mayor and City Council FROM. Randy Young, City Manager DATE' May 4, 2005 SUBJECT: Strategic Plan Icons As part of the process for ImplementatIOn and communication of the Strategic Plan goals, icons have been developed to represent each of the seven 2005 - 2010 Wheat Ridge Goals. Starting wIth this City Council packet, icons that relate to and/or are part of the implementatIOn process for the goal(s) WIll be displayed on the top of the Council Action Form. Below are the icons and their related goal along with the objectives related to the goal and what Implementation of the goal will mean to our citizens. Please refer to this informatIOn when revIewing CouncIl Action Forms. For additional and more detailed information on each goal, you may refer to the Strategic Plan document. I have also attached to this memorandum a one-page qUIck reference to the icon and matchmg goal that may be placed in your Council notebook for future reference. - Please contact me If you have any questIOns or need additional Information. GOAL 1: CREATING A SUSTAINABLE CITY GOVERNMENT r$~ ~ In ./ ./ Objective 3 ./ ObJective 4: ./ Objective 5 Obiectives ./ ObJective 1 Well-MaIntamed and Replacement of City Facilities and Infrastructure Objective 2. Adequate Revenues to Support Defined Services and Service Levels More Diverse Revenue Base Productive, Highly Motivated Workforce with Competitive Compensation Strong Financial Reserves Consistent with Financial PolICIes What Goal 1 Means to Our Citizens 1 Timely response In an emergency 2. Value for their tax dollars. 3 Services responsive to their changing needs. 4 Reliable services. 5 Services that support their qualIty of life. Manager's Update May 4, 2005 Page 2 of 4 GOAL 2: CITY PREPARED FOR GROWTH AND OPPORTUNITIES ~ Obiectives ..... ./ Objective 1 Vision Clearly Defined and Used in Planning, Policy Development ~ and Decision Makmg ~ ./ Objective 2 StrategIc Planmng Established as an OngoIng Process ./ ObJcctive 3 Comprehensive Plan Reflects the City's Vision and Goals ./ Objective 4 Clearly Defined Development Standards and Guidelmes Used in Planning and Decision Making ./ Objective 5' Development Process Clearly Defined with Predictablc Time Frames What Goal 2 Means to Our Citizens I. Efficient use of city resources. 2. City is focusing on Wheat Ridge's future. 3. Predictable future development. 4 Improved qualIty of life III the future. 5. Plans that are real, plans that are Implemented through actions. GOAL 3: STRONG PARTNERSHIP BETWEEN CITY AND COMMUNITY ~ Obiectives 6,___/ ./ Objective 1 City Government Perceived as More Business Friendly c<r.~)____ ./ Objective 2 Open and Transparent City Government .... ./ Objective 3 Increased Citizen Confidence and Trust In City Government and Leaders ./ ObJective 4' Citizens Appropriately Involved in PolIcy Development and Project PlannIng ./ ObJective 5 Mayor-City Council-CIty Management Working Together as a Team ./ Objective 6' Citizens Well Informed on City Policies, Services, Programs, Issues and Finances What Goal 3 Means to Our Citizens 1 Opportunities to get involvcd in city government. 2. Being well informed. 3 City government is open and accessible and wants to listen to your ideas. 4. Open proccsses in city government. 5. Greater confidence in city offiCials. Manager's Update May 4, 2005 Page 3 of 4 GOAL 4: 1-70 CORRIDOR AS A MAJOR COMMERCIAL CENTER [Ji Obiectives OUT _ ~ Objective l' Development of Umque Retail DestInation for the Region ~~. ./ Ohjedive 2' Omlopment of Coo,,/] -70 Property ond Adj,,,nt Prop,rt", ,,/ ~ Objectivc 3. Redevelopment ofWard/I-70 Arca ~ Objective 4 More Quality RetaIl and Restaurants Attracted to the Area ~ ObJective 5' Improved Access to 1-70 All Interchanges ~ ObJective 6 Expanded Tax Base; Increased Property Values What Goal 4 Means to Our Citizens I More unique retail choices. 2. More restaurant choices. 3 More lodging chOices. 4 Better access to 1-70 5 Enhanced property values. GOAL 5: BETTER QUALITY HOUSING STOCK ~~ Obiectives < .... _~ ~ Objective 1 Increased Homeownership ~I! ~i"~J ~ Objective 2 Upgraded and More Modern Homes -___ ~ ObJective 3. More Young Families Purchasing and Upgrading Homes ~ ObJective 4: Positive Reputation among Realtors and Developers ~ Objective 5' Quality Infill Development Compatible with Neighborhood, Vision and Updated Comprehensive Plan What Goal 5 Means to Our Citizens 1 Choices of where to lIve. 2. Affordable housmg available 3 Homes that meet or exceed mInimum standards. 4 Infill and new homes consistent with the community. 5 Protection of their property values. Manager's Update May 4, 2005 Page 4 of 4 GOAL 6: REDEVELOPMENT OF WHEAT RIDGE CITY CENTER ~l Obiectives -/ ObJective 1 44th and Wadsworth Mixed Use Development ~;;~ -/ ObJective 2 38th and Wadsworth Mixed Use Development Y'V' -/ Objective 3 38th and Kipling Mixed Use Development -/ ObJectIve 4. 44th and Kipling Mixed Usc Development -/ ObJcctive 5. 38th Corridor Infrastructurc Improvement and Business RevitalizatIon What Goal 6 Means to Our Citizens 1 Increased property values. 2. AlternatIve new housing developments and choices. 3 Greater convcnience for shoppIng and services. 4 Opportunities to develop and grow a business in Wheat Ridge. 5 Cleaner, neater community More attractIve and beautIful. GOAL 7: LEISURE AMENITIES FOR FAMILIES 1: Obiectives '(\ _ ~ -/ Objective 1: Additional Facilities and Programs for Youth ~f~ -/ ObJective 2 Additional Facilities and Programs for SenIors -/ Objective 3 LeIsure Time Options and Choices Responsive to ReSident's Needs -/ ObJective 4 Improved Quality of Parks. Amenities, MaIntenance Level and Safety -/ Objective 5. Development of Expanded Trail System -/ Objective 6: More Restaurants and EntertaInment Venues What Goal 7 Means to. Our Citizens 1 Convenient thIngs to do in your leisure time. 2. Convement access. 3 Activities for all family members. 4. Active and passIve things to do. 5. Access to great parks and recreation facilities. WHEAT RIDGE GOALS 2005-2010 '~$~ ~ GOAL 1 : CREATING A SUSTAINABLE CITY GOVERNMENT IU ~ GOAL 2: CITY PREPARED FOR GROWTH AND OPPORTUNITIES ~ ~""1 GOAL 3: STRONG PARTNERSHIP BETWEEN CITY AND COMMUNITY "" .~)1---- GOAL 4: 1-70 CORRIDOR AS A MAJOR COMMERCIAL CENTER GOAL 5: BETTER QUALITY HOUSING STOCK ~+\ I GOAL 6: REDEYELOPMENT OF WHEAT RIDGE CITY CENTER _ ~~I GOAL 7: LEISURE AMENITIES FOR FAMILIES @~w @@M~@~[s ~~~MlJ~@ CITY OF WHEAT RIDGE, COLORADO April 25. 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Deputy City Manager, Patrick Goff; Director of Community Development, Alan White, Director of Public Works, Tim Paranto, Director of Parks & Recreation, Joyce Manwaring, staff; and interested citizens APPROVAL OF MINUTES OF April 11 , 2005 Motion by Mr DiTullio for the approval of the Minutes of April 11, 2005, seconded by Mrs Sang, carried 7-0, with Mrs Adams abstaining PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for Arbor Day, April 29, 2005 - Keith Wood, Assistant Staff Forester with the Colorado State Forest Service, thanked Wheat Ridge for supporting the urban forestry program and presented the award for the designation of Wheat Ridge, Colorado, as a Tree City USA for the 26th year Rick Murray announced the City of Wheat Ridge Arbor Day Celebration on Saturday, May ih from 9-11 00 a.m at the Richards Hart Estate CITIZENS' RIGHT TO SPEAK Hope Olson, 7200 W 29th Avenue, asked that a law regarding cat control be passed in the City of Wheat Ridge Charles Durbin, 3703 Ames Street, wondered how the City was doing with the 1 % tax Increase Item 1. Consent AQenda: A. Award Bid lTB-05-01 Floor Replacement and Stage Remodel Design Build of Prospect Hall at the Senior/Community Center in an amount not to exceed $35,000 (including contingency) B Award RFB-06-16 2005 Traffic Signal Equipment Replacement Project and approve expenditure of funds in the amount of $48,193 Consent Agenda was introduced and read by Mrs Sang CITY COUNCIL MINUTES April 25, 2005 Page -2- Motion by Mrs Sang for approval of the Consent Agenda, seconded by Mr DiTullio, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Request for approval of a Final Development Plan for property zoned Planned Commercial Development located at 3270 Youngfield Service Road, 3291 Youngfield Service Road, 13001 West 32nd Avenue, and 13501 W 32nd Ave (Case No WZ-04-06/70 WBC, LLC) (continued from March 28, 2005) Mayor Cerveny opened the continued public hearing Item 2 was introduced by Mr Stites Meredith Reckert, Community Development Planner, was sworn in and presented the staff report. Mrs Reckert re-entered the comprehensive plan, zoning ordinance, subdivision regulations, case file and packet materials, and digital presentation into the record She also distributed a letter from an adjacent property owner Mr DiTullio disclosed for the record ex parte contact over the weekend with Mr Bill Smith on the questions listed in the packet. Dwaine Richter, applicant, was sworn in and addressed questions from Council Arthur Wise, Arthur Wise Architects AlA, Architect and Land Planner for 70 West Business Center, was sworn in and addressed questions from Council regarding landscaping and signage Mayor Cerveny closed the public hearing Motion by Mr Stites to approve Case No WZ-04-06 for the following reasons 1 The proposed car wash will have minimal impact in light of the existing commercial already in the development. 2 The Final Development Plan is consistent with the standard as set forth in the approved Outline Development Plan for the site 3 Future requirements needed for the widening of Youngfield Service Road will be addressed at that time, seconded by Mr Schulz. Motion to amend by Mr DiTullio to add a Condition #1 That the north south fence extension of the brick sound wall remain in place be reflected on the Final Development Plan, seconded by Mrs Sang, carried 8-0 Original motion as amended carried 8-0 CITY COUNCIL MINUTES April 25, 2005 Page -3- ORDINANCES ON FIRST READING (NO PUBLIC TESTIMONY) Item 3. COUNCIL BILL 06-2005 AN ORDINANCE ESTABLISHING AGRICULTURE ONE ZONING FOR A PORTION OF STATE HIGHWAY 58 RIGHT-OF-WAY LOCATED GENERALLY WEST OF 1-70 AND EAST OF ELDRIDGE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-05/04/Highway 58) Council Bill 06-2005 was introduced on first reading by Mr Stites Motion by Mr Stites to approve Council Bill 06-2005 on first reading, order it published, public hearing set for Monday, May 23, 2005 at 7'00 p m in the City Council Chambers, and that it take effect immediately upon adoption, seconded by Mrs Sang, carried 8-0 Item 4. COUNCIL BILL 07-2005 AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTY LOCATED GENERALLY WEST OF 1-70, SOUTH OF HIGHWAY 58, AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-05-01/Cabela's & Coors) Council Bill 07-2005 was introduced on first reading by Mr Stites Motion by Mr Stites to approve Council Bill 07-2005 on first reading, order it published, public hearing set for Monday, May 23, 2005 at 7 00 P m in the City Council Chambers, and that it take effect immediately upon adoption, seconded by Mrs Sang, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. RESOLUTION 22-2005 A RESOLUTION APPROVING THE 2005 RESIDENTIAL LARGE ITEM PICK-UP PROGRAM, APPROVING THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $10,000, ALONG WITH AMENDING THE FISCAL YEAR 2005 PUBLIC WORKS OPERATIONS BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION Resolution 22-2005 was introduced by Mr Schulz. He also read the executive summary Motion by Mr Schulz to approve Resolution 22-2005 approving the expenditure of funds for the program in an amou[1t not to exceed $10,00000 along with amending the fiscal year 2005 General Fund Budget to reflect the approval of a supplemental budget appropnJtion of $10,00000 in the Public Works Operations Contractual Services account 01-303-700-704 ,seconded by Mrs Rotola, carried 8-0 CITY COUNCIL MINUTES April 25, 2005 Page -4- CITY ATTORNEY'S MATTERS Mr Dahl asked that he be directed to draft an ordinance expanding on the circumstances under which the City makes it unlawful to provide alcohol to minors Our code presently covers the circumstance in which someone purchases alcohol and then provides it to a minor and that's illegal, but it doesn't cover the circumstance in which the minor goes in to purchase the alcohol and the retail establishment fails to determine the age of the minor There is a state statute on the subject, but we want it to be written in the municipal court. It will only require a subsection to the section dealing with sales to minors Mr. Gokey moved for Mr Dahl to write the Ordinance and bring it forward, seconded by Mr. Schulz; carried 8-0 ELECTED OFFICIALS' MATTERS Mr. Stites asked that the dying Evergreen tree in front of City Hall that was planted in honor of Bonnie Scoma be replaced Mrs Rotola reported that she learned at a Jefferson County Housing Authority meeting that they rehabilitated several houses in the City of Wheat Ridge to the tune of about $150,000 Meeting adjourned at 7 54 P m -- APPROVED BY CITY COUNCIL ON MAY 9, 2005 BY A VOTE OF _ to_ Lena Rotola, Council President The preceding Minutes were prepared according to 347 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members. Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. @ow @@M~@O[b I lr~~ CITY OF WHEAT RIDGE, COLORADO May 9, 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF April 25, 2005 Motion by Mr DiTullio for the approval of the Minutes of April 25, 2005, seconded by carried PROCLAMATIONS AND CEREMONIES Colorado Auto Theft Investigators (CATI) Awards to Officer Kevin Koback and Officer David Piermattei Proclamation for Mental Health Month - May 2005 ALS Awareness Month - May 2005 - CITIZENS' RIGHT TO SPEAK APPROVAL OF AGENDA Item 1. Consent AQenda: A. Approve Award of ITB-05-06 2005 Overlay Project in an amount not to exceed $586,479 85 (including contingency) B RESOLUTION 23-2005 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 32ND AVENUE BETWEEN MORNINGSIDE DRIVE AND SIMMS/SWADLEY STREET CITY COUNCIL MINUTES May 9, 2005 Page -2- C RESOLUTION 24-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $6,279.25 FOR EMERGENCY RESPONSE ENVIRONMENTAL CLEAN-UP SERVICES D RESOLUTION 25-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,000 00 FOR LEGISLATIVE SERVICES E Approval of Payment to CIRSA for deductible portion of claims paid by CIRSA for March property casualty in the amount of $29,51764 F Allocation of $40,000 from the 2005 Capital Improvement Budget to the 38th Avenue Business District. Consent Agenda was introduced and read by Motion by carried for approval of the Consent Agenda as printed, seconded by PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 05-2005 AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT (Case No WCA-05-01) Council Bill 05-2005 was introduced on second reading by Mr DiTullio City Clerk Pam Anderson assigned Ordinance No Motion by Mr DiTullio to approve Council Bill 05-2005 (Ordinance No ) on second reading and that it take effect 15 days after final publication, seconded by carried CITY COUNCIL MINUTES May 9, 2005 Page -3- Item 3. PUBLIC HEARING ON A REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE. (Case No SUP-05-04/Cabela's and Coors) Item 3 was introduced by Motion by findings to approve Case No SUP-05-04 with the following 1 The request 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 2 The request will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use 3 The request will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution 4 The request 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 5 The request is appropriately designed to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 6 Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services 7 The applicants have complied with the conditions of approval of the previous SUP 8 The applicants have demonstrated the ability to continuously meet the conditions of approval With the following conditions 1 The applicants shall adhere to the performance standards as listed in Section 26- 623 C 2 of the Zoning and Development Code, with the following exceptions a. Hours of operation shall be limited to 7 00 a m to 9'00 pm, Monday through Saturday, except for April 15 to May 15, where work will be allowed on Sundays b For areas within 200 feet of residential properties, the hours of operation shall be limited to 7 00 a m to 7 00 P m c Fencing at a height of 48 inches shall be permitted d The 30-foot setback shall not apply to the west, north, and east property lines of the previously approved area and to all property lines of the added area. The 30-foot setback shall remain a requirement along the south property line of the previously approved area. 2 The community notification process established for questions and complaints regarding the operation shall continue to be maintained 3 There shall be no explosive devices used for the demolition or excavation of material 4 CITY COUNCIL MINUTES May 9, 2005 Page -4- 5 The applicants shall comply with the conditions of state permits regarding water and air quality, and mining and reclamation 6 The applicants shall continue to implement the City-approved noise abatement plan 7 All access to the site shall be from Mcintyre Street. 8 The grant of use shall be to the applicants and may not be inherited 9 Violations of any of the above conditions may be grounds for revocation of the special use permit; seconded by carried ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 08-2005 AN ORDINANCE AMENDING SECTION 16- 127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SALE OF ALCOHOL TO MINORS Council Bill 08-2005 was introduced on first reading by Motion by to approve Council Bill 08-2005 on first reading, order it published, public hearing set for Monday, June 13, 2005 at 7 00 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by carried - Item 5. COUNCIL BILL 09-2005 AN ORDINANCE AMENDING SECTION 16- 103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE Council Bill 09-2005 was introduced on first reading by Motion by to approve Council Bill 09-2005 on first reading, order it published, public hearing set for Monday, June 13, 2005 at 700 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by carried CITY MANAGER'S MATTERS CITY COUNCIL MINUTES May 9, 2005 Page -5- CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS Meeting adjourned at p m Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON MAY 23,2005 BY A VOTE OF to - Lena Rotola, Council President The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions ..' :f:"',,{~,. ._.;,~, .H' ''''''''-'~'''_--i..!_..Ji:-;tIi..,~\.. " &." " '~".' ;...Lt 'j. . ""'.~"" ..I.~., _ ".......o......""~ '.- '~....v.:o.,~oI-"-_:..., ,~.,'" __..... .~ ._.. PROCLAMATION MENT AL HEALTH MONTH WHEREAS, President Bush' s Nev. Freedom CommissIOn calls for a transformed mental health system where Americans understand mental health IS essentIal to overall health. care IS consumer and family driven, dispantIes In services are eliminated; early screemng. assessment, and referral to services are common practice; excellent care is delivered and research is accelerated, and technology is used to access mental health care and information; and WHEREAS. The New Freedom CommIssion in 2003 declared that mental disorders and mental health problems, including addictive dIsorders, affect people of all backgrounds and all stages of life, and that no one IS immune, and WHEREAS, good mental health IS essential to the overall health and emotIOnal well-being of Colorado's children, youth, adults, and families; and Colorado's citizens who have mental Illnesses can recover and lead full, productive lives; and addressing the complex mental health needs of children, youth, adults, and families today is fundamental to the future of Colorado, WHEREAS, there is a widening gap between the availability of well-trained mental health professionals and the increasing need of children, youth, adults, and families for these mental health services; and an estimated 66,000 children, youth, and adults who have mental health disorders are not receiving the help they need; and the cost of community-based public mental health services in Colorado IS less than the cost to incarcerate people with mental health needs; and WHEREAS, the State of Colorado recognizes the need for a comprehensive. community-based continuum of mental health care and a commitment to the core values and guiding prinCiples of a system of care for all its citizens with mental health needs and their families; and WHEREAS, a statewide collaborative of youth, family and consumer advocacy organizations, policy and advisory councils and boards, mental health professional organizatIOns and associations, human service provider orgamzations and associations, public and private mental health and human service agencies and providers, state and local child and family and adult serving systems, agencies, and providers, system of care initiatives, and their partners observe Mental Health Month each May to raise awareness and understanding of mental health and illness; THEREFORE, I, Gretchen Cerveny, do hereby proclaim May 2005 Mental Health Month in the City of Wheat Ridge. As Mayor, I also call upon all citizens, government agencies, public and private institutions, businesses and schools to recommit to increaSing awareness and understanding of mental illness; to providing appropriate and accessible services for all citizens; and to achieving the goals set forth for a transformed mental healtJ1.syste,m by the President's New Freedom Commission. /'/ PROCLAMATION CITY OF WHEAT RIDGE ALS Awareness Month May 2005 WHEREAS, The ALS Association is the only national not-for-profit voluntary health orgamzatlOn dedicated solely to the fight agalllst ALS; and WHEREAS, The ALS Association IS lIghting the way for a treatment and cure for ALS through research, patient and community services, public education and advocacy; and WHEREAS, The ALS AssociatIOn's mIssion IS to find a cure for and to improve hVIng with ALS (amyotrophic lateral sclerosis), and WHEREAS, the Rocky MountaIn Chapter of The ALS AssocIation was chartered on February 1,1996 to provide help and hope to those Coloradoans faCIng the diagnOSIs of ALS; and WHEREAS, all Coloradoans are encouraged to support the efforts of The ALS Association and actively work to Strike Out ALS by volunteenng their time to the Rocky Mountain Chapter of The ALS AssociatIOn dunng May 2004 and beyond, and - WHEREAS, nationwide, the month of May has been deSIgnated by the Congress of the UnIted States as ALS Awareness Month, Now, Therfore, I, Gretchen Cerveny, Mayor of the City of Wheat Ridge, Colorado do hereby proclaim May 2005 as ALS Awareness Month in Colorado IN WITNESS WHEREOF, I do hereby set my hand and Seal of the City of Wheat Ridge this 9th day of May, 2005, Gretchen Cerveny, Mayor Pamela Y. Anderson, City Clerk ITEM NO: It A, REQUEST FOR CITY COUNCIL ACTION (":''''-$~ ~ IU COUNCIL MEETING DATE: May 9,2005 TITLE: APPROVE AWARD OF ITB-05-06 2005 OVERLAY PROJECT IN AN AMOUNT NOT TO EXCEED $586,479.85 (INCLUDING CONTINGENCY) o PUBLIC HEARING IZI BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING Quasi-Judicial 0 IZI ~ ?!j ni'"~O''' ~c.>-'rd City Managey a - EXECUTIVE SUMMARY: The 2005 Overlay Project was developed to prOVIde needed maIntenace treatments to three collector streets (32nd A venue, 38th Avenue and Marshall Street) and a few selected local streets in accordance with the Citywide maintenance plan. The program is intended to extend the life of pavements on streets that are structurally sound. The project also includes intersection Improvements at 41 st and Harlan Street. On February 8, 2005, eight (8) bids were received. The apparent low bidder was Asphalt Paving Company, Golden, Colorado in the total amount of $533,163.50. The City of Lakewood has agreed to reimburse Wheat Ridge for the paving of its portion on 32nd A venue from Simms Street to Morningslde Drive. The estImated reimbursement amount for Lakewood's portIOn of the work is $89,241.25 The Intergovernmental Agreement with Lakewood provides for the reimbursement. Asphalt Paving's proposal met all of the bid reqUIrements and references. Asphalt Paving's experience was evaluated by Public Works Staff and found to be acceptable. It is recommended that the project be awarded to the lowest responsive bidder, Asphalt Paving Company in the amount of$533,163.50 COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the 2005 Overlay Project, #S-PM-02-05, were opened on Tuesday, February 8, 2005 Eight (8) bids were received. The bids ranged from $533,163.50 to $849,195.50 The Engmeer's Estimate was $659,256 15 The lowest responsible and responsive bidder, Asphalt Paving, Golden, Colorado has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and performance on the City's previous project, StatTrecommends award to Asphalt Pavlllg Company. A standard 10% contIngency amount of$53,316.35 is requested for the cost of other Items related to the proJect. ALTERNATIVES CONSIDERED: No award and 2005 Overlay Projects wIll not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the Preventive Maintenance Projects line item of the 2005 Capital Improvement Program budget in the amount of$900,000 00 ThIS project IS the thnd of the three preventive projects that the City will implement this year The City of Lakewood has agreed to reimburse the City for the appropriate share of the cost of paving the portIOn of 32nd Avenue that lies in Lakewood. RECOMMENDED MOTION: "I move to award ITB-05-06, 2004 Overlay ProJect, #S-PM-02-05 to Asphalt Paving, Golden, Colorado m the amount of$533,163.50 - I further move that a contIngency amount of $53,316.35 be establIshed. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $586,479 85 1 further move that all costs associated with this contract be paid trom account number 30-303-800- 884, and that these funds be encumbered for the length of the project in accordance WIth Ordinance #787, 1989 Series." or, "I move to deny award of ITB-05-06 2005 Overlay Project for the following reason(s) " Report Prepared by' Reviewed by' Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1 BId Tabulation Sheet 2. 2005 Capital Improvement Program DescnptIon ~ ..}.",~ <.::l C> ':;).s '> ~ V\ a::\, ..t\ ~ ~ ~ /"- ~ ~ ..,1"'7'- <i '> j -;:r- /-~-;r- -r- ~~ '\t\ "'" ~ "" J~j~--;l-J~ ~~~ ~>a ~ ;p.. ~ \~ ~ \Ci v: "'" -I'i ~ of, -J""~ ." ~ ,-;: ~~.?l ":;- <;() ~ "'" t!'r ~ <;;: ~ . ... :t:: ~ J)~~:3.A ~ ~ ]~~ ..) --r "S". ~ ,;>-/- ~~~ '7-/- - d::l '" ~ ~ ~ -l- 'OS ~ ~ <<) o -:s ~ ~ ~ ~~. ~.s -.;::, -::2.--r--rr("\"7---;:;-- ..s: '>\~ :)t~ <<'\ '1..(\ .q: "'T ~ ~ \ '- "" <:n~ ~ ~ ~-J ~_ ~~.J ~ ~31 "'?- ~ _ -r r' <0 \J -::r ..f- L ..A. ~ i ~ <Il 1 r III ~ ~ .~ 0 ~ III W ~ ~ ~ ;f. <Il - if) ~ ~ ~ ~ ~ 0 0 0 q ~ ~ ~ ~ ;; z 0 ~ 1 " ~ ~ ~ ~ z ~'& 0 0 0 ~ <Il Illlt: ~~,~,~3~ Z ~ <,:0 0 .J<Il \ III '3 Ul III III <l ::- r 00 h\. --)> co Q) ;f 0> ~ co ,,\ .~ ~ '~ () ~ :J ~ cP ~ u- 0 1> >- -\ >- .~ g~ '" ~ 01- ~,.Q U1 III ~~ U1 ~~ ~ t".:J ;; '" E z a. ~ 0 %~ 0 ",(-,i -(t. ci ~li' '0:.0 z ~~ ;ttD ~\.O ",0 \<.0 ~0 o . ",1.0 0- ~q ",cO ",:J ::>0 '!j!O Q,!O 0- oN o=' 91- 100 '!iel. "'- o (.,) uiz C)o 0- ~~ ~:J \11::> :t:~ ~r- u,.0 - o'ffi t (.,) '0 \11 .., ~ 0- ~ ffi ~ \.0 o o N -- o u.J ....., o cL n. A.'1..tA.Ctl~EN'" 1 ---~------- ---------- ~ J,.tl'a _ "':>~ J,.J,. ~ ~ ~ ~ ~ 9 ~ ~ 00 -4 '0 <. (T\ rn rn (n ~ ()) r ?J 0 ~ () <". ;;:: ~ -z ~ % JJ rn (J) 0 ~ ~ ';j ~?i 6 0 z ;;0 :p 0 " _ ft? ~ z l f'l b ():' ~ 0 0 ~ ~ 0 (J) 1 ffi l - (J) rn \ ~ ~ ~ 0 'J', ~ ~ , ~ "'" ..1 ~ ~ -L- f= --L.....L-L... ~t,t;;:;~c'~ ~ ~ -\,oL '" I..):. ~ff"~\>'--L..--L..z::.... l~ ~ I;"" '\J. ~ 0 \}- ~ 'E} ~ I.:l'-.. I:P .....<..... ~ ~.:- ~ --L. -L.. ~y,t~~~t- . ~ ~,[g <> ,"\:. 0> ~v>i<3 l:< ~UO> -, \ ~ ~ ~ ~ ~ \;"-.J> ~'I,{- r,f- ~ v. ~ ::t. IV. If> tr- ~ ~ 'tIl- ~ t- t- if ~i.~t- C t ~ ..". IJ', -L. -L....-<:>-'- -L.... ~ -L... ~ _I;"" (<<> -f- ~ v- C- \I' tx:l V' t- o t1> \; ~''''=> )>- S>-%;; - -<. .,.. ~ s. ~ ;;,~ -;- t~t '>l. ':". ;:t ~~I::.. ~ :r. ..... :;. c.. [~\ ~ ~ ~ ~z:~ ~~! /b -u ?J o <- rn ~ ../ N o o 0'1 ~ ~ ~ "0 ~ e- rn ~ (") ~ 0)0 - -n ~~ - ~:r. ~~ ~~ -0 0(;) z!" (") o -o~ ot!! ::4~ co ~~ OJ~ coe 0'" b~ ,'" 0:>'" -<II _0 0'1'" Ox o~ bO z~ ~~ Ol~ o!\l ..c~ z :;0::'. l"?'" 9 7'0 0 (f)< 0 u; <5 -0 z 3 '" ~~ rO "t, -'''' ::> m m o.z \- (I) m o-'~ -;0 ~~ ~ '" '3' -< -< C5" 0 t. ro ." - r -0 '" 9- ~ (I) '" S' <0 ~ <l> ::> <I~ ~ I> 17 ~32 IS <, ~ .:;. 15'1'::, ~~ ~ ~~. ~ . ... l Capita/Investment Program 3. HoteVMotel District Pedestrian Improvements 2005 Budget: $200,000 Description: A portIon of the east side of Kiphng Street south ofI-70 and the South 1-70 Frontage Road will be improved by installation of sidewalks and pedestrian lighting. This project will be financed with HotellMotel tax funds and IS the second of a multi-year program. Justification: Kipling Street and the South 1-70 Frontage Road do not have continuous sidewalks allowing pedestnan travel within this portion ofthe HotellMotel distnct. 4. 46th Ave.-I70, 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-coming developments may reqUIre City-financed street improvements. Justification: Contingent funding should be proVided for special project needs. -- 6. Street Light Installation 2005 Budget: $5,000 Description: InstallatIOn of new streetlights requested by citizens or recommended by the department and approved by the City. Justification: New street lighting IS provided to accommodate areas of the City which require additional lighting for safety or as otherwise justified by the City 7. Street Preventative Maintenance Projects 2005 Budget: $900,000 Description: The annual street preventative maintenance work and costs are as follows: Concrete replacement area. Northwest area of the City between 1-70 and Kipling St. from Clear Creek north to City limits $200,000 Asphalt patching and overlay area: 32nd Avenue, Kipling to Simms 38th Avenue, Sheridan to Wadsworth 48th Avenue, Harlan to Marshall Marshall Street, Harlan to North City Limits $500,000 ATTACHMENT 2 189 Capita/Investment Program ~ Crack sealing area. Southeast area of the City by priority $200,000 Justification: Preventative street maintenance work is required to replace defective concrete, replace or add to pavement surface by an asphalt overlay, patch Isolated structural failures In eXisting asphalt streets, waterproof and Improve the texture of asphalt wearing surfaces by a slurry seal coat and reduce water infiltratIOn under pavements by sealing cracks. Preventative maintenance prolongs the useful hfe of streets and sidewalks and reduces the costly alternative of reconstructing streets. DPW TRAFFIC 1. Traffic Signal Improvements 2005 Budget: $200,000 Description: EXisting traffic signal Installations require upgrade to include new signal heads and detectors. Justification: The scheduled replacement work is necessary for the proper maintenance ofexistmg eqUIpment and facilities. ECONOMIC DEVELOPMENT 1. 38th Avenue Business District 2005 Budget: $40,000 Description: Financial assistance for the operation ofthe 38th Avenue Business Dlstnct. Justification: Assist in the re-vitalization of this commercial section ofthe City MUNICIPAL CAPITAL PROJECTS 1. City Hall Improvements 2005 Budget: $630,000 Description: The HV AC chilled water system IS scheduled for replacement. A portion ofthe roof is leaking and will be replaced. Police Communications Bureau improvements to the electrical system lightening protectIOn and uninterrupted power supply are programmed. Security upgrades to the building will also be installed. Additional undetermined maintenance projects as determined. Justification: The heating and air conditioning system at City Hall is essentially the original equipment installed when the building was constructed. The controls tor the equipment were replaced as a 2004 CIPproject as phase 1 ofa HVAC replacement plan. Phase 2 will replace the chiller system In 2005 190 ITEM NO: \ l1? I REQUEST FOR CITY COUNCIL ACTION \,Yf'~, no COUNCIL MEETING OA TE. May 9, 2005 TITLE: RESOLUTION 23-2005 A RESOLUTION APPROVING AN INTERGOVERNMENT AL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKE WOOD FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 320d AVENUE BETWEEN MORNINGSIDE DRIVE AND SIMMS/SW ADLEY STREET o PUBLIC HEARING o BIDS/MOTIONS [g] RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING - Quasi-Judicial: 0 [g] ;;~L;;/NO Director of Public Works City~~~ EXECUTIVE SUMMARY: The 2005 Street Overlay Project includes resurfacing 32nd Avenue between Kipling Street and Youngfield Street. The southerly portion of 32nd Avenue between Morningside Drive and Simms Street is in the City of Lakewood. The proposed Intergovernmental Agreement (IGA) provides for reimbursement by Lakewood for the costs ofthc work to be performed on the Lakewood portion of the street. The reimbursement will not exceed $98,165.38, which includes a 10% contingency. COMMISSIONIBOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The 2005 Street Overlay Project Includes 32nd A venue from Kipling Street to Y oungtield Street. The City of Lakewood has agreed to reimburse the City for work performed on the portions of the street that are Within the Lakewood City Limits. The IGA is scheduled for action by Lakewood City Council on May 9, 2005. City legal counsel has reviewed the proposed IGA. ALTERNATIVES CONSIDERED: Not authorizc execution of the Intergovernmental Agreement with Lakewood. FINANCIAL IMPACT: Thc proposed IGA provides for reimbursement of costs incurred by the City to a maximum of $98,165.38 RECOMMENDED MOTION: "I move to approved Resolution 23-2005 - a Resolution approving an Intergovernmental Agreement with the City of Lakewood for reimbursement for street improvements to West 32nd A venue betwcen Mornlngside Dnvc and Simms/Swadley Street." or, "I move to table indefinitely Resolution 23-2005 - a Resolution approVing an Intergovernmental Agreement with the City of Lakewood for reimbursement for street Improvements to West 32nd A venue between MornIngslde Drive and Simms/Swadley Street for the follOWing reason(s) " Report Prcpared by' Reviewed by' Tim Paranto, Director of Public Works Randy Young, City Manager Attachments: 1. Intergovernmental Agreement 2. Resolution 23-2005 AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 32nd AVENUE BETWEEN MORNINGSIDE DRIVE AND SIMMS/SWADLEY STREET. This Agreement, dated this 18th day of March, 2005, is by and between the City of Wheat Ridge, a Colorado municipal corporation (hereinafter" Wheat Ridge ") and the City of Lakewood, a Colorado municipal corporation (hereinafter" Lakewood ") WITNESSETH WHEREAS, Section 29-1-203, C R.S, as amended, permits and encourages local governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other local governments in order to provide any lawfully authorized function, service, or facility; and WHEREAS, Wheat Ridge is currently overlaying the existing bituminous pavement on its portion of West 32nd Avenue from Morningside Drive to Simms/Swadley Street, and is willing to include Lakewood 's portion of West 32nd Avenue from Morningside Drive to Simms/Swadley Street (hereafter the "Project"), as shown on Exhibit "A" of this Agreement; and WHEREAS, Lakewood has appropriated funds from its 2005 budget sufficient to -- reimburse Wheat Ridge for the work to be done on Lakewood 's portion of West 32nd Avenue, at the costs reflected on Exhibit "8" of this Agreement; and WHEREAS, the Parties desire cooperate to the fullest extent possible to ensure that the construction of the Project is accomplished according to the mutual desires of each party for the best interests of their respective citizens NOW, THEREFORE, in consideration of the above and the mutual covenants made herein, the Parties hereby agree as follows ProjectsIS-PM-02 05-0verlayllGA Lakewood PUBLIC WORKS DEPARTMENT ATTACHMENT 1 1 0 SCOPE OF WORK. 1 1 Wheat Ridge shall provide the design, contractor, construction inspection, and contract administration for the Project, and to this end, has awarded a construction contract to Asphalt Paving Company (hereafter "Contractor"), for construction of the Project. 1,2 Wheat Ridge will coordinate construction activities between the Contractor and Wheat Ridge, and will give Lakewood at least one (1) week's advance notice prior to commencement of construction within Lakewood 1 3 Contractor shall provide performance and payment bonds in the amount of one hundred percent (100%) of the value of the contract. 1 4 Lakewood may inspect the Project, but shall communicate to the Contractor through Wheat Ridge 2 0 TERM The term of this Agreement shall be from commencement of construction of the Project, which shall be approximately July 2005, and termination shall be upon the completion of the Project and payment therefore, or no later than December 31, 2001, whichever shall first occur 30 COMPENSATION AND PAYMENT 3 1 Lakewood shall allocate funds from the 2005 budget in an amount not to exceed $98,165 38, as reflected in Exhibit "B," attached hereto and incorporated herein, to reimburse Wheat Ridge for Lakewood's portion of the Project. 3.2 Compensation shall be paid by Lakewood to Wheat Ridge within thirty (30) days of receipt of invoice from Wheat Ridge, upon acceptance of the work and final inspection by Lakewood ProjectsIS-PM-02-05-0verlayIIGA Lakewood 2 PUBLIC WORKS DEPARTMENT 4 0 TERMS AND CONDITIONS 4 1 Wheat Ridge and Lakewood hereby agree that, upon execution of this Agreement and commencement of the Project, they will cooperate with each other to the fullest extent in the scheduling of the work, supervision, and review, when applicable, to ensure the successful completion of the Project. 4.2 Upon completion of the Project, the Parties shall own the improvements located within their city boundaries 4 3 Each Party shall be responsible for its own negligent acts. Wheat Ridge shall be solely responsible for the design, construction, inspection, and administration of the Project, and shall be solely responsible for any liability resulting from or relating to the design, construction, inspection, and administration of the Project. 44 Each Party shall reimburse the other Party for any costs, expenses, or legal fees that either Party may incur for any liability resulting from the negligent acts of the other Party - 5 0 WARRANTY The Parties agree that any contracts awarded for the performance of the Project shall be warranted by the selected Contractor for a one (1) year period, and that surety be provided for enforcement of this warranty 6 0 INSURANCE. 6 1 During the term of this Agreement, both Parties shall maintain property and general liability insurance policies, in the amounts required by the Colorado Governmental Immunity Act (Section 24-10-101, C R S , e-t EM ) insuring them from claims arising from the Project. 6.2 Both Wheat Ridge and Lakewood shall require that all contractors, subcontractors, and independent contractors employed by both Parties for the Project maintain property, general liability, and statutory worker's compensation insurance in such amounts as to insure Wheat Ridge and Lakewood to the statutory limits of their liability Projects\S-PM-02-05-0verlay\IGA Lakewood 3 PUBLIC WORKS DEPARTMENT 7 0 ADDITIONAL DOCUMENTS OR ACTION The Parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 8 0 ASSIGNMENT This Agreement shall not be assigned by either Party without the prior written consent of the other Party 90 FORCE MAJEURE. Any delays in or failure of performance by any Party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control and such Party 100 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the Parties, their respective legal representatives, successors, heirs, and assigns, provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein 11 0 EXHIBITS All exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes 12.0 NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all - purposes if sent by certified mail or registered mail, postage and fees prepaid, at the address set forth on the signature page below, or at such other address as has been previously fumished in writing, to the other Party or Parties. Such notice shall be deemed to have been given when deposited in the United States mail. 130 PARAGRAPH CAPTIONS The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 140 INTEGRATION AND AMENDMENT This Agreement represents the entire agreement between the Parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. ProjectsIS-PM-02-05-0verlayIIGA Lakewood 4 PUBLIC WORKS DEPARTMENT 15 0 DEFAULT Time is of the essence If any payment or any other condition, obligation, or duty is not timely made, tendered or performed by either Party, then this Agreement, at the option of the Party who is not in default, may be terminated by the non-defaulting Party, in which case, the non- defaulting Party may recover such damages as may be proper If the non- defaulting Party elects to treat this Agreement as being in full force and effect, the non-defaulting Party shall have the right to an action for specific performance or damage or both 160 WAIVER OF BREACH A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party 17 0 ATTORNEY'S FEES If any Party breaches this Agreement, the breaching Party shall pay all of the prevailing Party's reasonable attorneys' fees and costs in enforcing this Agreement. 180 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in the appropriate court for Jefferson County, Colorado 190 GOVERNMENTAL IMMUNITIES. - 19 1 The Parties hereto understand and agree that liability for claims and injuries to persons or property arising out of the acts or omissions of either Party is controlled and limited by the Colorado Constitution and the Colorado Governmental Immunity Act (Section 24-10-101, C R.S , et seq ) 19.2 Wheat Ridge and Lakewood agree that in the event any claim or suit is brought against either or both Parties by any third Party as a result of the operation of this Agreement, that both Parties will cooperate with each other, and with the insuring entities of both Parties, in defending such claim or suit. 200 COUNTERPART EXECUTION This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. ProjectsIS-PM-02-05-0verlayIIGA Lakewood 5 PUBLIC WORKS DEPARTMENT ATTEST City Clerk ATTEST City Clerk ProjectsIS-PM-02-05-0verlayIIGA Lakewood CITY OF WHEAT RIDGE, a Colorado Municipal Corporation Gretchen Cerveny, Mayor 7500 W 29th Avenue Wheat Ridge, CO 80033 APPROVED AS TO FORM City Attorney CITY OF LAKEWOOD, A Colorado Municipal Corporation Steve Burkholder, Mayor Lakewood Civic Center 4800 South Allison Parkway Lakewood, CO 80226-3127 APPROVED AS TO FORM City Attorney 6 PUBLIC WORKS DEPARTMENT ?- ~ I \1"" iPE I 111 "'I / UNIOt(,~ I 'I 'I 'i ~ UNION I ST I ;',_ TAFT cr" \ , c.o I - N, is ~~ CT ;51, ,- n 0 =< fTI fTI-o Z-I 0 (;)' ZO ., fTI '1 fTI :::E ;0-0 -c ::r: zrn (;)C fTl 00 )> ~::E ---1 ~O ::::0 Z 0;0 - Z^ 0 ;-l (/) (/) G) fTl ZI' "1J ::::0 o "1J o (fJ rT1 o "1J ::::0 o c... rT1 () --I (fJ rT1 G) 3: rT1 Z --I fTl X ::r: OJ ---1 s; ^ rT1 :E o o o )>- ;.' - "" ~'\ : I ~ :i! ( tl t::)! II ,-,i!! , i!! i!lill\ \ I~ 'II ;51 Ii \, SWADLEY ST '. ) SIMMS ST ROUTT Sf I i~ i!li ~ ~ QUAIL ST JJ~ PIERSON ST ~ ~ OAKST_, iPE _ 'I'!!:: '" ;5111 \ :i! NELSON ST ! 1,;51 I, ,~ I ~ MOORE CT. ,1 I 011 ~ Iii II ;5IL ';51 II MOORE ST I I \"'\l\~5t I: '\ III ~\". 1 I- ~ z o " , I'., t.,,,,,/-'- --=---<.-" ,I I URQAN ST.;! -:i! , , '1,;51 I r;51 _ L UNION CT _ TAFT CT ~'1I1 ~(' II~ ~II ;511 II II~_ j" TABOR CT \ SWADLEY Sf\, I,'~ 'I! 'I'! 'I r~' . - liPE I i!li I i!li I}I 1"'./ - QUAIL ST P~Sf '. J --,\ . 0WENl; Sf II 'I I, ',~ I~ \ !~~ I~ :I!.~ l, s= MOORE CT I, I, ; ! -- - I II ;51 ~ MOORE Sf " ~1 l#'~, ;51,1 1\ '\ --.- MILLER CT MIUER Sf LEWIS ST ~ _I I; EXHIBIT "B" INTERGOVERNMENTAL AGREEMENT BY AND BEWTEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR STREET IMPROVEMENTS TO WEST 32ND AVENUE BETWEEN MORNINGSIDE DRIVE AND SIMMS/SWADLEY STREET PROJECT -2005 HMA OVERLAY PROJECT # S-PM-02-05 - ITB - 05-06 Aoha/t Pavinq Co. DATE - JANUARY 2005 UNIT QTY UNIT COST CONTRACT AMOUNT SPEC# CONTRACT ITEM 202A Asphalt Planino 11 1/2"\ SY 15570 $080 $12,456,00 210A Adiust Manhole to Grade EA 10 $55 00 $550 00 210B Adiust Valve Box to Grade EA 15 $2200 $330 00 403A HMA 2" Overlav (PG 64-122) TN 1750 $29 45 $51,537,50 Mark Arrow Left (15 5sf) 627A Thermal EA 17 $190 00 $3,23000 Mark Arrow Right (15 5sf) 627B Thermal EA 17 $19000 $3,230,00 627F White Markinq (24") Tape LF 170 $1800 $3,060 00 White Pavement Marking 627G Epoxv SF 2205 $065 $1,433,25 Yellow Pavement Marking 627H Epoxv SF 2560 $065 $1,66400 White Pavement Marking 627J 'Temo) SF 4410 $035 $1,543,50 Yellow Pavement Marking 627K "Temp) SF 5120 $035 $1,792,00 630 Traffic Control Management LS 015 $42,500 00 $6,37500 720 Materials Sampling & Testing LS 015 $13,600 00 $2,04000 Subtotal $89,241,25 I..ontingency 10"/0 $8,92413 TOTAL $98,165.38 RESOLUTION NO. 23 Series of 2005 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 32ND AVENUE BETWEEN MORNINGSIDE DRIVE AND SIMMS/SWADLEY STREET WHEREAS, SectIOn 29-1-203, C.R.S., as amended, permits and encourages local governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other local governments in order to provide any lawfully authorized function, service, or facility; and WHEREAS, Wheat Ridge is currently overlaying the existing bituminous pavement on its portion of West 320d Avenue from Morningslde Drive to Simms/Swadley Street, and is willing to Include Lakewood's portion of West 320d Avenue from Morningside Drive to Simms/Swadley Street (hereafter the "Project"), as shown on Exhibit "A" of this Agreement; and WHEREAS, Lakewood has appropriated funds from its 2005 budget sufficient to reimburse Wheat Ridge for the work to be done on Lakewood's portion of West 320d venue, at the costs reflected on Exhibit "B" of this Agreement; and - WHEREAS, the Parties desire to cooperate to the fullest extent possible to ensure that the construction of the Project is accomplished according to the mutual deSires of each party for the best interests of their respective citizens. NOW THEREFORE BE IT RESOLVED the Mayor of the City of Wheat Ridge is hereby authorized to execute the Intergovernmental Agreement attached hereto with the City of Arvada for the purpose of cooperative planning and revenue sharing In regards to NOW THEREFORE BE IT RESOLVED THAT the Mayor ofthe City of Wheat Ridge IS hereby authorized to execute the Intergovernmental Agreement attached hereto with the City of Lakewood for reimbursement for street improvements to West 320d Avenue between Morningside Drive and Simms/Swadley Street. DONE AND RESOLVED THIS day of May, 2005. Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk ATTACHMENT 2 ITEMNO ~I REQUEST FOR CITY COUNCIL ACTION 'r$~ ~ IU COUNCIL MEETING DATE May 9, 2005 TITLE: RESOLUTION 24-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $6,279.25 FOR EMERGENCY RESPONSE ENVIRONMENTAL CLEAN-UP SERVICES o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No -- CltYM~~~ EXECUTIVE SUMMARY: On February 17,2005 City of Wheat Ridge Parks employees discovered six (6) 55 gallon drums of an unknown substance or substances illegally dumped at the Greenbelt trailhead located at 4 I st and Miller Street. The Wheat Ridge Police Department responded and noted that at least one of the barrels had ruptured and the contents had spilled onto the ground. The scene was treated both as a crime and as a hazardous materials event. The Wheat Ridge Fire Department responded and elements ofthe Adams Jefferson County Hazardous Materials Response Team responded to assess the situatIOn. The Police Department classified the event as a violation of Colorado Revised Statutes as a Hazardous Waste Violation (C.R.S. 18-13- 112). The owner of the barrels could not be identified and paint had been applied to the barrels in an apparent attempt to prevent the identification of their owner or ongin, The Hazardous Materials Team Leader determined that the situation was stable and no action was required by the Hazardous Materials Team to mitigate the incident. Attempts to classify the contents of the barrel by field testing were inconclusive. Custom Environmental Services, a certified environmental contractor, was called to remediate the scene by collecting and securing the barrels and removing and securing the contaminated ground, which amounted to 16 yards of dirt. The contents of the barrels were identified through laboratory testmg and the barrels and contaminated earth were disposed of according to applicable Federal and State regulations. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: Normally, the owner of the barrels and its contents is legally responsible for the costs of environmental clean-up However, where the owner is unknown the property owner or occupant IS responsible for the costs of such clean-up The area in question is an access point to the Wheat Ridge Greenbelt and is maintained by the City of Wheat Ridge Parks and Recreation Department. In effect this makes the City of Wheat Ridge responsible for the costs of site clean-up ALTERNATIVES CONSIDERED: Other certified environmental contractors do exist. Custom Environmental Services was called based on the recommendatIOn ofthe Hazardous Matenals Team Leader that responded to the scene. Further, this recommendatIOn was based on the fact that Custom Environmental Services was selected to be the provider of such services by Jefferson County for similar incidents for which the County is responsible. - Use of City employees to remediate the site and remove and dispose of the product and contaminated soil was not possible due to Federal regulations regarding the traimng of employees engaged in such activity, regulations regarding transportation and storage of such items, and regulatIOns regarding the dispositIOn of such items. FINANCIAL IMP ACT: Funds were not appropriated in the 2005 budget for unanticipated environmental clean-ups. A supplemental budget appropnation from General Fund undesignated reserves, In the amount of $6,279.25, is necessary to pay for this expenditure. RECOMMENDED MOTION: "I move to approve Resolution 24-2005, a ResolutIOn amending the fiscal year 2005 General Fund budget to reflect the approval of a budget supplemental appropnation from the General Fund undesignated reserves in the amount of $6,279.25 to account #01-215-650-663 for emergency response environmental clean-up services." or, "I move to table Indefinitely Resolution 24-2005, for the following reason(s) Report Prepared by' Reviewed by' Dan Brennan, Chief of Police Patrick Goff, Deputy City Manager Attachments: 1. ResolutlOn No 24-2005 050509 Environmental Clean-up supplemental budget C AF -- RESOLUTION NO. 24 Series of 2005 TITLE: A RESOLUTION AMENDING THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $6,279.25 FOR EMERGENCY RESPONSE ENVIRONMENTAL CLEAN-UP SERVICES WHEREAS, the Parks and Recreation Department discovered six, 55-gallon drums of an unknown substance or substances illegally dumped at the Greenbelt trailhead located at 4151 and Miller Street; WHEREAS, the Police Department responded to the scene and noted that at least one of the barrels had ruptured and the contents had spilled onto the ground; WHEREAS, the owner of the barrels could not be identified and therefore the City is responsible for the costs of the clean-up; WHEREAS, funds were not appropriated and are not available in the 2005 budget for unanticipated environmental clean-ups; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: - A. The City of Wheat Ridge 2005 General Fund Budget be amended accordingly, specifically transferring $6,279.25 from General Fund undesignated reserves into account #01-215-650-663. DONE AND RESOLVED THIS _ day of May, 2005. Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk ATTACHMENT 1 L~ ITEM NO REQUEST FOR CITY COUNCIL ACTION ~4 r$' ~ IU COUNCIL MEETING DATE. May 9, 2005 TITLE: RESOLUTION 25-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,000.00 FOR LEGISLATIVE SERVICES. D PUBLIC HEARING [g] BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (Date' _) D ORDINANCES FOR 2ND READING QuasI-Judicial' D Yes [g] No - c;~~ ~9 City Man EXECUTIVE SUMMARY: During the April 18, 2005 Regular Study Session direction was given to bring forward a budget supplemental appropnatlon for the Legislative Services. The supplement is to increase the amount allocated for Meetings and Conferences. The supplement is to be used for Council dinner meetings and joint board meetings, and an allocation of$500.00 per member for attendance at legislative events. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: Due to the increased number of joint meetings, special study sessions, and legislative events, it has been determined that additional funds are needed to supplement the legislative services budget. This will allow the Mayor and the City Council to continue to conduct business in the current manner and take advantage of educational and networkmg opportunities. ALTERNATIVES CONSIDERED: Do not approve Resolution 25-2005 FINANCIAL IMP ACT: Funds were not appropriated in the 2005 budget for the additional allocation for Conferences and Meetings. A supplemental budget appropriation from General Fund undesignated reserves, in the amount of $7,000 00, is necessary to pay for this expenditure. RECOMMENDED MOTION: "I move to approve Resolution 25-2005, a ResolutIOn amending the fiscal year 2005 General Fund budget to reflect the approval of a budget supplemental appropriation from the General Fund undeslgnated reserves in the amount of $7,000.00 to account #01-102-700-702 for Conference and Meetings Expenses" or, "I move to table mdefinitely Resolution 25-2005, for the following reason(s) " Attachments: 1 Resolution 25-2005 Report Prepared by Reviewed bY' Pam Anderson, City Clerk Randy Young, City Manager RESOLUTION NO. 25 Series of 2005 TITLE: RESOLUTION 25-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,000.00 FOR LEGISLATIVE SERVICES. WHEREAS, the Wheat Ridge Mayor and City Council have increased the number of Study SessIOn and joint board meetings, WHEREAS, it is deemed important that the Mayor and the City Council continue to conduct business In the current manner and take advantage of educational and networking opportunities, WHEREAS, the meetings and events permit legislators to move toward the Goal of a Strong Partnership between City and Community of the 2004-2009 Strategic Plan, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge 2005 General Fund Budget be amended accordingly, specifically transferring $7,000 00 from General Fund undesignated reserves Into account #01-100-700-702. - DONE AND RESOLVED THIS _ day of May, 2005. Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk ATTACHMENT 1 ITEM NO' I. E. REQUEST FOR CITY COUNCIL ACTION 'I~$~' n[ U~ COUNCIL MEETING DATE: May 9, 2005 TITLE: APPROVAL OF PAYMENT TO CIRSA FOR DEDUCTIBLE PORTION OF CLAIMS PAID BY CIRSA FOR MARCH PROPERTY CASUALTY IN THE AMOUNT OF $29,517.64 o PUBLIC HEARING rg] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:~) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes rg] No City~~ EXECUTIVE SUMMARY: The Colorado Intergovernmental Risk Sharing Agency (CIRSA) proVides property/casualty and worker's compensation coverage for the City of Wheat Ridge. The city's deductible for property/casualty claims IS $10,000. Uninsured losses and CIRSA deductibles are an authonzed line Item (01-610-700-782) designated in the 2005 budget in the amount of $50,000. The March 2005 invoice for the city's deductible portions of property/casualty claims totaled $29,517.64, As outlined in Reso I ution 27-2002 all purchases over twenty-five thousand dollars ($25,000) shall be presented to the City Council for official deCISIon and award. The monthly invoice from CIRSA for uninsured losses and deductibles varies based on the current property/casualty claims but IS generally below $10,000 per month. Two claims were Invoiced in March which account for $27,57614 of the total amount due. ~ 2004 claim number 04001382 In the amount of $21,25694 IS for settlement in an alleged harassment/retaliation claim against the city The settlement amount was reached during mediatIOn between the city and the claimant. The city's $10,000 deductible is not applicable In this type of claim. ~ 2004 clmm number 04001386 in the amount of $6,322.20 is a charge for attorney representation in a claim filed against the Urban Renewal Authority The city has been dropped from this lawsuit. A letter was submitted to the Urban Renewal Authonty requesting reimbursement to the city in the amount of $6,322.20 for these charges. COMMISSIONIBOARD RECOMMENDA nON: Nonc STATEMENT OF THE ISSUES: None AL TERNA nVES CONSIDERED: None FINANCIAL IMPACT: Uninsured losses and CIRSA deductibles are an authorized line item (01-610-700-782) designated In the 2005 budget In the amount of$50,000 The city is anticipating reimbursement in the amount of $6,322.20 from the Urban Rencwal Authority No additional financial impact. RECOMMENDED MOTION: "I move to approve payment In the amount of $29,51764 to CIRSA for the March 2005 deductible portion of claims paid by CIRSA." or, "I move to deny payment in the amount of $29,517.64 to ClRSA for the March 2005 deductible portion of claims paid by CIRSA, for the following rcason(s) " Report Prepared bY' ReViewed by: Debbie Meixner, Executive Assistant Patrick Goff, Deputy City Manager Attachments: 1 March 2005 Deductible PortIOn of Claims Paid by CIRSA Statement 050509 March 2005 Deductible Portion ofCIRSA Claims March 2005 Deductible Portion of Claims Paid by CIRSA To request copies of claims check, please call or fax claims clerk. All deductible questions, please refer to CIRSA's Finance Department. AMOUNT OF LOSS WITHIN YOUR DEDUCTIBLE ,\..nIGQr~ ~~'# 10000l ~"'''' ~.$ 'k""II' ~\: COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY Bill to: City Of Wheat Ridge Attn: Patrick Goff 7500 West 29th Ave. Wheat Ridge, CO 80033 CLAIM NUMBER OLD/NEW REFER TO CHECK NUMBER DATE OF LOSS 02001610 03000811 04001382 04001386 06/12/02 06/21/03 11/18/04 11/15/04 30339 30488 30345.30442 30346 -- Payments received PLEASE REMIT YOUR PAYMENT CIRSA Department 543 Denver, CO 80291-0543 after 45 days will accrue TOTAL DUE TO Date INVOICE# Net: 04/22/05 050637 45 Days $768.50 $1,170.00 $21,256.94 $6,322.20 $29,517.64 interest at the Prime Rate ATTACHMENT 1 ITEM NO' ~ F, REQUEST FOR CITY COUNCIL ACTION ~~~ '/$~ ~ IU COUNCIL MEETING DATE' May 9, 2005 TITLE: ALLOCA TION OF $40,000 FROM THE 2005 CAPIT AL IMPROVEMENT PROGRAM BUDGET TO THE 38th AVENUE BUSINESS DISTRICT D PUBLIC HEARING I:8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (Date' _) D ORDINANCES FOR 2ND READING Quasi-Judicial. D Yes I:8J No Cit~r -- EXECUTIVE SUMMARY: The 38th Avenue Business District Board of Directors was appointed at the August 12,2002 City Council meeting. At that same meeting, the allocation of $93,500 from the Capital Investment Program (CIP) unallocated fund balance to the 38th A venue Business District was approved. 2003 and 2004 funding in the amount of $40,000 each year was allocated from the CIP budget to the 38th Avenue Business District. The CIP budget approved during the 2005 budget process allocates $40,000 from the CIP budget account 30-610-700-721 to the 38th Avenue Business District. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: N/A FINANCIAL IMP ACT: The $40,000 was approved during the 2005 budget process In the CIP budget, account 30-610-700- 721. RECOMMENDED MOTION: "I move to allocate $40,000 from CIP account 30-610-700-721 to the 38th Avenue Business District. or, "I move to deny the allocation of $40,000 from CIP account 30-610-700-721 to the 38th Avenue BUSiness District for the following reason(s) " Report Prepared by' Debbie Meixner, Executive Assistant Attachments: I. Capital Investment Program Descnption 050509 council action 38th ave bus district Capita/Investment Program Crack sealing area: Southeast area of the City by priority $200,000 Justification: Preventative street maintenance work is required to replace defective concrete, replace or add to pavement surface by an asphalt overlay, patch isolated structural failures in existing asphalt streets, waterproof and Improve the texture of asphalt wearing surfaces by a slurry seal coat and reduce water infiltration under pavements by sealing cracks. Preventative maintenance prolongs the useful life of streets and sidewalks and reduces the costly alternative of reconstructing streets. DPWTRAFFIC 1. Traffic Signal Improvements 2005 Budget: $200,000 Description: Existing traffic signal installations require upgrade to include new signal heads and detectors. Justification: The scheduled replacement work is necessary for the proper maintenance of existing equipment and facilities. ECONOMIC DEVELOPMENT 1. 38th Avenue Business District 2005 Budget: $40,000 Description: Financial assistance for the operation of the 38th Avenue Business District. Justification: Assist in the re-vitalization of this commercial section ofthe City MUNICIPAL CAPITAL PROJECTS 1. City Hall Improvements 2005 Budget: $630,000 Description: The HVAC chilled water system is scheduled for replacement. A portion of the roof is leaking and will be replaced. Police Communications Bureau improvements to the electrical system lightening protection and uninterrupted power supply are programmed. Security upgrades to the building will also be installed. Additional undetermined maintenance projects as determined, Justification: The heating and air conditioning system at City Hall is essentially the original equipment installed when the building was constructed. The controls for the equipment were replaced as a 2004 CIP project as phase 1 of a HVAC replacement plan. Phase 2 will replace the chiller system in 2005 190 ATTACHMENT 1 ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION ~ COUNCIL MEETING DATE' May 9, 2005 TITLE: COUNCIL BILL 05-2005 - AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT (CASE NO. WCA 05-01) [gj PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: April 1 L 2005) [gj ORDINANCES FOR 2ND READING QuasI-JudiCial. D Yes [gj No tlIJi^, ~Aftc Commumty Development Director ~~ City Mana ' ~ -- EXECUTIVE SUMMARY: This ordinance changes the number of votes needed for the Board of Adjustment to approve an actIOn. Currently a three-fourths majority vote IS reqUIred for the Board to approve the requests it hears. The ordinance changes this reqUIrement to a simple maJonty vote. COMMISSION/BOARD RECOMMENDATION: No other Board or Commission recommendatIOn is reqUIred; however, at Council's direction, this change was discussed with the Board of Adjustment at their meeting on March 24, 2005. The Board unanimously favored not changing the voting requirement. ST A TEMENT OF THE ISSUES: While this voting reqUIrement may have been needed In the past to make it more difficult to gain approval of what could be termed use variances, the amendments to the Code adopted in 2001 do not allow the City to grant a variance to anything that is prohibited, nor to anything other than development standards or items specifically set out for variances. In other words, someone in an R-l zone district cannot request a variance to build a car wash on then residential lot. The Community Development Department has had variance cases in front of the Board of Adjustment where the votc is 5-3 in favor of a motion to approve the request, but because of the voting reqUIrement, the request IS demed because it takes 6 at1irmatlve votes to approve. If only 7 members are present, an application can be demed with a vote of 5-2 because 6 votes are required to approvc the action. There are other actions taken by the Planning Commission or City Council With far greater impact than a vanancc, such as a rezomng or special use, which require only a simple majority vote. AL TERNA TIVES CONSIDERED: Do not amend the voting requirements. FINANCIAL IMPACT: There is no financial impact to adoptmg this ordinance. RECOMMENDED MOTION: "I move to approve Council Bill 05-2005 on second reading and that It take effect 15 days after final pubhcation." Or "I move to table indefinitely Council Bill 05-2005 for the following reason(s) Report Prcpared by: Alan White, Community Development Duector Attachments: 1 Council Bill No. 05-2005 050411 CAF 1st reading BOA Voting INTRODUCED BY COUNCIL MEMBER DITULLIO Council Bill No. 05 Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 2-53 (d) of the Wheat Ridge Code of Laws is hereby amended as follows: Cd) Notwithstanding any othcr provision In this scction, thc following; voting rules shall be in effcct for all All matters requiring decision by the board of adjustment to grant any ','[!fiancc, waiycr, temporary building or use pcrmit, any interpretation or floodpluin special cKception permit (or for any matter requHlng decision by the pi arming commission or the city counCil under-Section 26 6 (D} of the Zoning Ordmance of the city): ~0-1I5' G ~ Members Present Votes l{eeded to Appreve - g 7 6 5 6 6 5 1 All other uctlOns shall be taken by majority vote of the members present. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare ofthe public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relatIOn to the proper legislative object sought to be attained. Section 3. Severability; ConflIcting Ordinances Repealed. If any section, subsectIOn or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsections and clauses shall not be affected thereby AIl other ordinances or parts of ordinances III conflict with the proviSIOns of this ordinance are hereby repealed. Section 4. Effective Date. This ordinance shaIl take effect 15 days after final publication. ATTACHMENT 1 INTRODUCED, READ, AND ADOPTED on first reading by a vote of ----L-. to ~ on this .--ll.thday of April , 2005, ordered published in full in a newspaper of general circulatIOn in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Mav 9, 2005, at 7'00 o'clock p.m., in the Council Chambers, 7500 West 29th A venue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this _ day of ,2005 SIGNED by the Mayor on thiS _ day of ,2005 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y Anderson APPROVED AS TO FORM BY CITY ATTORNEY - GERALD DAHL, CITY ATTORNEY 1 st Publication. April 14, 2005 2nd Publication. Wheat Ridge Transcript Effective Date. Larry's Motions for May 9, 2005: Regarding l.F: I move to continue this item until the 38th Avenue Business District can review its mission in light of their Board decision to expand to the entire City, provide a detailed financial report and a business plan for the next year. Regarding item 2: I move to continue this item until such time as the Council and Board of Adjustment can hold a joint study session, to include a briefing to the Board regarding the Strategic Plan, and any related Neighborhood Revitalization Study team recommendations. , ../ ~. ... . ' 7 i ,! ./ . , /'-'--~ I~ \ ,;' / / / { '-4-' \',' \ .' - - / I , l:~ -\-'"------ I" \ ,. /' .-,~ .~~- ________ ,., .'C ~-<~ .-- " i , -. , ' - > , . , f f' ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION l$d~ COUNCIL MEETING DATE: May 9,2005 TITLE: A REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND A VENUE (CASE NO. SUP-05-04/CABELA'S & COORS) [ZJ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING Quasi-Judicial. [ZJ D Yes No lltE0 miL Commumty Dev~lopment Director City~~ EXECUTIVE SUMMARY: Cabela's and Coors are requesting approval of An amendment to the special use permit previously approved for property located west of 1-70, south of Highway 58 and north of West 32nd Avenue The applicants are requesting to add an area to the area included III the previous permit and within thiS area are requesting waivers to certain of the established performance standards, and with respect to the previously approved area are requesting a waiver of the 30-foot setback reqUIrement for the west, north, and east property lines. The request was demed administratively due to an objection received during the ten-day pubhc notice period. COMMISSION/BOARD RECOMMENDATION: None. ^ special use permit request starts as an administrative review. A ten-day public notice period begins dUring which comments may be submitted in favor of or against the proposal. If any relevant objections are received during the public notice period, the request must be forwarded to City Council for consideration. One objection was received regarding this proposal from an adjacent owner. J"\Council Action f'orms\Ol:i0509 Cabclas SllP Amendment CAF.doc ST A TEMENT OF THE ISSUES: The previous approval required the applicants to comply with the performance standards in Section 26-623 (C)(2), with a waiver to the required 72-Inch fence height. The approved height was 48 inches. The hours of operation were approved as 7a.m. to 9 p.m. Monday through Saturday, with work allowed on Sundays between Apnl 15th and May 15th In addition, no work was to be performed within 200 feet of residential properties after 7 p.m. The apphcants are requesting these waivers within the area to be added to the permit. The code also requires a 30-foot setback along all property lines. The applicants are requesting a waiver to this reqUIrement along all property lines in the area to be added, and along the west, north, and east property lines of the previously approved area. The 30-foot setback will remain along the south property line of the previously approved area adJacent to the residential uses. AL TERNA TIVES CONSIDERED: Do not approve the amended special use request. FINANCIAL IMPACT: The City has received a one-time applicatIOn fee for the land use application. A one-time fee will also be collected for the grading permit. RECOMMENDED MOTIONS: Option A (Approval) "I move to approve Case No SUP-05-04, a request for approval of an amended special use permit to allow for excavation and deposition of fill matenal for the property generally located west of 1-70, south of Highway 58, and north of West 32nd Avenue, with the following findings. -- The request 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. 2. The request will not create or contribute to blight In the neighborhood by virtue of physical or operational characteristics of the proposed use. 3 The request will not adversely affect the adequate light and air, nor cause significant air, water or nOise pollution. 4. The request will not result in undue traffic congestion or traftic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. 5 The request IS appropriately designed to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 6. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. J'\Council Action Forrns\050509 Cabelas SUP Amendment CAF.doc 2 7 The applicants have complied with the conditions of approval of the prevIous SUP. 8 The applicant has demonstrated the ability to continuously meet the conditions of approval. With the following conditions: 1. The applicants shall adhere to the performance standards as listed in Section 26-623 C 2 of the Zomng and Development Code, with the following exeeptions: a. Hours of operation shall be limited to 7'00 a.m. to 9'00 p.m" Monday through Saturday, except for April 15 to May 15, where work will be allowed on Sundays. b F or areas within 200 feet of residential properties, the hours of operation shall be limited to 7:00 a.m. to 7'00 p.m. c Fencing at a height of 48 inches shall be permitted. d. The 30-foot setback shall not apply to the west, north, and east property lines of the previously approved area and to all property lines of the added area. The 30-foot setback shall remain a requirement along the south property line of the prevIOusly approved area. 2. The community notification process established for questions and complaints regarding the operation shall continue to be maintained. 3 There shall be no explosive devices used for the demolition or excavation of material. 4 The applicants shall comply with the conditions of state permits regarding water and air quality, and milling and reclamation. - 5. The applicant shall continue to implement the City-approved noise abatement plan. 6 All access to the site shall be from McIntyre Street. 7 The grant of use shall be to the applicants and may not be inherited. 8. Violations of any of the above conditions may be grounds for revocatIOn of the special use permit. or, Option B (Demal) "I move to deny Case No. SUP-05-04, a request for approval of an amended speCial use permit to allow for excavation and deposition of fill material for the property generally located west ofI-70, south of Highway 58, and north of West 32nd Avenue with the following tinding: 1 The criteria for approval of a special use contained in Section 26-114 D, applicable to this request, are not met." Report Prepared by' Alan White Attachments. \. City Council staff report (with exhibits) l\Council Action Forms\050509 Cabelas SUP Amendment CAF.doc 3 TO' CASE NO. & NAME. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT City Council CASE MANAGER. Alan White SUP-05-04/Cabela's DATE OF MEETING May 9, 2005 Approval of an amendment to Special Use Permit 05-01 to add an area to the area previously approved for excavation and deposition of fill, with waiver to three performance standards; and in the previously approved area, to waive the 30-foot setback requirement on the west, north, and east property lines, ACTION REQUESTED' LOCA TION OF REQUEST A Parcel west of 1-70, south of Highway 58 and north of West 3200 A venue APPLICANT (S). Cabela's/Coors OWNER (S): Same APPROXIMATE AREA: 178.2 acres (48.2 acres new) PRESENT ZONING. Pending COMPREHENSIVE PLAN Cormnunity Cormnercial (CC) & Business Park (BP) - ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENT A nON Location Map Added Area Previously Approved Area City Council Case SUP-05-04ICabela's 1 ATTACHMENT 1 Jurisdiction ., . All notification and postmg requirements have been met; therefore, there IS JunsdlctlOn to hear this case. I. REQUEST The applicants are requestmg approval of an amendment to Special Use Permit 05-01 which was approved on February 28, 2005. The property m questIOn IS located west of 1-70, south of Highway 58 and north of West 32nd Avenue. The amendment consists of the following requests. 1) Add an area of approximately 48.2 acres, located north of Clear Creek, to the 130 acres previously permitted for excavation and deposition of fill south of Clear Creek. For this added area, the applicant is requestmg waivers to performance standards for hours of operation, setbacks, and fencmg. Fencmg and hours of operation are requested to be the same as for the previously approved area. The 3D-foot setback is requested to be waived on all property lines for the added area, 2) Waive the 30-foot setback requirement on the west, north, and east property lines of the prevIOusly approved area. (See ExhIbit I, Letter of Request) Section 26-623 of the Zomng and Development Code requires a special use permit (SUP) for any depOSItion or excavation in excess of 20,000 cubiC yards. The SUP process starts with a neighborhood meeting. When an application is received, the referral and staff review penod and ten-day public notice period begms. During thiS ten day period, the public is given an opportunity to submit written obJections regardmg the request. If any relevant objections are receIVed, the application must be forwarded to City Council for consideration. For this application, the Commumty Development Department received one (I) objection during this period (See Exhibit 2, Letter of ObJectIOn from Jefferson County) No adJacent residents or other landowners subillltted objectIOns. - The neighborhood meetmg was held on April 13, 2005 There were nme persons m attendance. Due to the small turnout, there was not a presentation and question and answer period, but rather the audience was asked to come up to the maps and ask questions directly of the applicants, which did not lend to taking notes. Some of the questions asked were the location of the additional area, where the 30-foot setback waivers were requested and why, were there going to be any changes to the hours of operation, impact on the Y oungfield Service Road, and the nature of the temporary crossing of Clear Creek. (See Exhibit 3, Neighborhood Meeting Sign in Sheet) II. CASE ANALYSIS Added Area: In the additional area approximately 1.2 million cubic yards of material in total will be moved. Suitable fill material will be excavated from this added area to be used in the previously approved area south of Clear Creek. The area will then be filled with material that is dredged from an existing Coors lake as part of a maintenance program. The property is currently undeveloped and was previously mined for gravel Surroundmg uses are undeveloped and water storage lakes owned by Coors to the west; State Highway 58 right-of-way and beyond that industnal uses to the north, County owned undeveloped land to the east, with the Table City Council Case SUP.05-04ICabela's 2 Mountain Animal Center and the County's asphalt facility farther to the east; and to the south are Coors-owned water storage lakes and County owned land which includes the Clear Creek floodplain. Traffic Involved in the excavation and fill operations will be internal to the added area, previously approved area, and property owned by Coors. There will be no constructIOn traffic on surrounding public streets. McIntyre will be used for access to the sites by worker traffic. Due to ItS isolation from any existing development, reduction of the fence height standard and expansIOn of the hours of operation to the 7 a.m. to 9 p.m. approved for the previous area will have minimal impact on any adjacent development. Waiver of the 30-foot setback reqUIrement will not impact any structures. The County did not object to this waiver where It abuts their ownership along Clear Creek. Waiver of 30-foot Setbacks on Previously Approved Area: The area previously approved for excavation and filing IS a former gravel mine site. Permits were issued by the State in the past for mining and reclamatIOn of the site. The applicant is requesting a waiver to the 30-foot setback requirement on the west, north, and east property lines ONLY. The southern property line setback adjacent to the residential area will remain at 30 feet. No other changes to the performance standards approved prevIOusly are being requested. The property to the west is owned by Coors and is a water storage lake, to the north is County undeveloped land with the Clear Creek floodplain, the Table Mountain Animal Center (TMAC), and the County's asphalt operation area. To the east is 1-70 nght-of-way - The County is concerned about reducing the setback adjacent to TMAC and the impacts to traffic on the Y oungfield Service Road. In the early 1980' s the area south of TMAC (the subJect site) was extensively mined for gravel. The mining resulted in a sItuation where the excavation near the property line was vertical, that is, there was no fill or slope present to shore up this area. No damage to the adjacent property or failure of the vertical wall has occurred, At the conclusion of the mining operation, loose fill was deposited at eh base of the vertical wall, resulting in a potentially unstable condition south of the property line. One purpose of the SUP is to remove this unstable fill and replace it with compacted fill. Safety of those working on the excavation must be maintained and the conditions in the area will be continuously monitored to determine if any additional measures are needed to preserve stability. The Y oungfield Service Road is located in the 1-70 right-of-way and the edge of the pavement is approximately 25-30 feet from the property line Even with a reduction In the setback to zero on the east property line, there remains 25 to 30 feet of right-of-way which is not impacted by this request. No constructIOn traffic is permitted to use Y oungfield Service Road, so there will be no disruption of County employee or TMAC traffic A site plan, grading plan and cross section details have been submitted for review (See Exhibit 4, Mass Grading Plan). City Council Case SUP-05-04ICabela's 3 III. PERFORAMNCE STANDARDS Section 26-623 of the Code of Laws establishes performance standards for excavatIOn operations of this size, These performance standards are. I A thirty foot setback from all property lines is reqUIred. 2. All roadways must remain in a dust-free condition. AddItionally, haulage roads shall not be established along eXIstmg residential streets, except as provided by the speCial use permit. Collector streets and major roads may be used for hauling_ 3 The property shall be enclosed by a 72 inch fence. The fence shall contain a three strand barbed wire section, 4 ProvIsIOns for control of wmd and water erosion dunng operatIOns shall be made and followed. Wind blown matenals or sediment loads shall not be allowed to escape the site. 5 Debns and/or contaminants shall not be accumulated or discharged beyond the property lme. The operation shall be conducted so that the excavated area will not permit water of a stagnated nature to collect. 6. All extenor lightmg shall be in compliance with Section 26-503, 7 All special permits shall contain proVisions for rehabilitatIOn of the property as near to ItS pnor natural state, or in such state or condition as the City Council may approve. The Code also provides that the equipment used shall be maintamed and operated utilizing standard items, such as mufflers, filters, etc. to eliminate Vibration, dust and nOise The Code limits hours of operation to be from 7 a.m. to 5 p.m., Monday through Friday. The applicants must also provide insurance and a bond to ensure rehabilitation of the site. Section 26-623 C authorizes City Council to waive any requirements of the section, mcludmg the performance standards. ThIS may be done in cases of isolatIOn or unusual characteristics. The applicants are not requesting a change to the hours or days of operation previously approved. (7 a.m. to 9 p.m. Monday through Saturday, except work may be performed on Sunday from April 15 to May 15. The times are limited to 7 a.m. to 7 p.m. in areas within 200 feet of residential uses.) The request does mclude a partial waiver to the fence requirement - a height of 48 inches instead of 72 mches. The 6-foot fence on the County property to the south of TMAC will not be disturbed unless it is located on the applicant's property The request also includes a waiver to the 3D-foot setback requirement for all property lines EXCEPT the southern property line of the preVIOusly approved area adjacent to the residential neighborhood. IV. AGENCY REFERRALS The proposal was referred to Jefferson County and their response is attached as Exhibit 2. The applicant's response to the County's letter IS attached as Exhibit 5 Also attached as Exhibit 6 is a letter from the applicant's soils engineer concernmg the excavation in the area up to the property line of the County ownership The Community Development Department received less than ten calls from homeowners to the south concerning the application and did not receive any verbal or written objections. The Public Works Department has reviewed the applicatIOn and has no concerns. If the special use permit IS approved, a gradmg permit must be obtamed from the Public Works Department, complete With detailed grading and erosion control plans. City Council Case SUp.05.04/Cabela's 4 Although not referred to these agencies, the applicant has provided letters from various federal agencies concerning environmental Issues. A summary of these letters IS provided below: 1. Letter from the U.S. Department of the Interior - Confirmation that federal legislation concerning threatened or endangered plant species does not apply to the Cabela's site (the previously approved site) because there are no federal funding, lands, or permits mvolved. Wetlands will not be developed under a nahonwlde permit because there are no jurisdictIOnal wetlands on the site. The project III the prevIOusly approved area would not likely adversely affect the Ute ladies' -tresses orchid (orchid). 2. Letter from the U.S Department of the lntenor - Confirmation that the proJect would not likely adversely affect the orchid in the added area north of Clear Creek. 3. Letter from the U.S Department of the lnterior - Confirmation that the project would not likely adversely affect the orchid in the previously approved area south of Clear Creek. 4 Letter from the U.S Department of the Intenor - Confirmation that a populatlOn of Preble's meadow jumping mouse (mouse) is not likely to be present in the project area (the added area north of Clear Creek) and that development should not have direct adverse affects to the mouse. 5. Letter from the U.S. Department of the Interior - Confirmation that a population of Preble's meadow jumping mouse (mouse) is not likely to be present in the project area (the prevIOusly approved area south of Clear Creek) and that development should not have direct adverse affects to the mouse. -- 6. Letter from the U.S. Army Corps of Engineers - Confirmation that the proposed excavatlOn and filling activities do not require Corps permits because the affected areas are not waters of the U.S. 7. Letter from the U.S. Army Corps of Engineers - ConfirmatlOn that the added area north of Clear Creek is not a jurisdictional wetlands and does not need a Corps permit. Clear Creek is a waters of the U.S., and a permit is required for the temporary creek crossing. ThiS permit was issued m January 2002 and required nutigatlOn of .0036 acres of wetlands. CDOT is not normally a referral as an adjacent property owner of right-of-way and this request does not mvolve CDOT right-of-way. However, comments are forthcommg from CDOT and will be presented at the hearing. V. SPECIAL USE PERMIT REVIEW Under Section 26-114 (D) of the Zonlllg and Development Code, before a specIal use permit IS approved, the applicant shall show, and the City Council shall find, that 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 traffic involved in the excavation and filling operation is contained on site. Worker and mobilization traffic on and off the site is restncted to usmg McIntyre Street. Y oungfield City Council Case SUP-OS-OOCabela's 5 Service Road will not be affected by the reduced setback and there will be no impact to the health, welfare, safety, or convenience of County or TMAC employees as a result. The uses to the west, north, and east consist of water storage reservOirs, highway nghts-of-way, or non- residential uses and will be minimally impacted by the operatIOn. Maintenance of the 30-foot setback and reduced hours of operation adjacent to the residential neighborhood to the south will minimize detrimental effects on that neighborhood, There will be minimal detnmental effects 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 water storage reservoir will not contribute to blight. The areas proposed for deposition of fill matenal are former gravel mine sites requiring reclamation. The reclamation will elimmate a blighted condition currently eXisting on the property 3. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. Since the special use operation involves the movement of soil at ground level and below ground level, there will be no impact on the access to or the availability of light and air to adjacent properties. Performance standards and permits required by the State will ensure that air and water quality standards will be met. One of the conditions of the prevIOus SUP approval was that the contractor develop a noise mitigation plan with the neighborhood. This plan has been presented to eh neighborhood and approved by the City. To date there have been no complaints received by the City or contractor. 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 traffic involved in the excavation and filling operation is contained on site. Worker and mobilization traffic on and off the site is restricted to using McIntyre Street. Y oungfield Service Road will not be affected by the reduced setback and there will be no impact to the health, welfare, safety, or convemence of County or TMAC employees as a result. The proposed special use Will not result in undue traffic congestion or traffic hazards. There will be no unsafe parking, loading, service, or internal traffic conflicts to the detnment of persons on or off site. 5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. There is no building proposed as a result of thiS speCial use request and the setback, height, parking, bulk, buffering, screening and landscaping criteria are not applicable. Waiver of the 3D-foot setback where requested will not affect the character of the adjacent or surrounding area. The request does not include changing the 30 foot setback from the south property line of the previously approved area. This setback will ensure that the grading and excavation operation will minimally impact the character of the adjacent properties. All other surrounding uses are non-residential and the operation wIll be III harmony and compatible with the character of those areas. Cily Council Case SUP-05-04/Cabela's 6 6. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. The operation will create no demand for these types of services and facilities. 7. History of compliance by the applicant with Code requirements and prior conditions, if any, regarding the subject property. The City has received no complaints and the contractor reports he has received no complamts regarding the operation since starting on Apnl 7th The applicants have complied With the conditions of approval of the previous SUP .. 8. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. The prevIOus SUP approval was specific to the applicant and this condition is recommended if this amendment IS approved. If included as a condition of approval, there will be no successor- in-interest. The applicant has demonstrated the ability to continuously meet the conditions of approval 9. Other factors relevant to the specific application. There are no other relevant factors and this cnterion is not applicable. VI. STAFF CONCLUSIONS AND RECOMMENDATIONS - The proposed operatIOn will not create a detrimental effect on the surrounding uses and neighborhood to the south. The operation will create no demand on public facilities or services. Performance standards, conditions of approval, and required State permits will ensure that air, water, and noise pollution are minimized. If approved, staff recommends includmg the applicable conditions of approval from the previous SUP. Staff recommends approval of the amended SUP City Council Case SUP-OS-04/Cabela's 7 Coors I Cabela's Site Excavation Proposal Amendment to Special Use Permit Narrative April 28, 2005 Introduction This Special Use Permit application for a Major Excavation Control Operation has been prepared in accordance with the requirements of Section 26-623 of the Municipal Code for the City of Wheat Ridge, Colorado. This permit application amendment encompasses approximately 48.2 acres of which principal ownership is the Coors Brewing Company of Golden, Colorado. Project Description The Coors Brewing Company is proposing the reclamation of an existing sand/gravel mining pit. Material necessary for the reclamation of the site shall be excavated from two areas. Area One encompasses approximately the 130 acres of site reclamation south of Clear Creek defined within the initial Coors/Cabela's Special Use Permit Narrative. The material excavated from this area will continue to be used to balance other development sites within the subject property. Area Two includes existing properties and facilities owned and operated by the Coors Brewing Company that are located outside of the City of Wheat Ridge. This proposal provides that excavated material from the 178.2 acres Coors/Cabela's Site will not be exported off -site. Site Characteristics - The subject property is generally located between Clear Creek and Colorado Highway 58, west of Interstate 70 and east of Eldridge Street (as extended). The site has historically been used for sand and gravel mining and is currently undeveloped. The resulting landform from previous mining activities has left much of the site with large excavation pits, with steep slopes and poor drainage. The site was permitted for gravel mining activity by the State of Colorado and is subject to a current Division of Minerals and Geology reclamation permit. Construction Schedule Residual granular, sand and gravel materials may be excavated from the amendment area north of Clear Creek and transported to the original SUP area (Area One) for incorporation into the fill. Excavation of material from Area One (future Lake B-5) may be used to fill part of the amendment area north of Clear Creek. Maintenance of an existing water storage reservoir within Area Two will also be used to source material to fill the amendment area north of Clear Creek. That activity is planned to begin in Q4 of 2005. Excavated material from both areas shall be hauled within property owned by Coors Brewing Company and will stay off public rights-of-way. Construction hours shall continue to be between 7 a.m. to 9 p.m., six days a week (Monday through Saturday) as previously defined within the initial Special Use Plan with the exception granted for work from April 15 to May 15. Additional hours of operation may be required for special or unforeseen circumstances such as those involved with utility work or other emergencies that may come up in the process. In these situations the contractor will contact the appointed representative from the City's Public Works Department for permission to conduct operations for extended hours. Under no circumstances will the contractor be allowed to begin excavation work before 7 a.m. EXHIBIT 1 Construction Fencing Construction fencing will be placed within the Special Use Permit areas of active excavation. The minimum height of construction fencing will be 48 inches adjacent to public access areas. Stormwater Management Practices will be put in place in conjunction with the Stormwater Management Plan. Amendment Within Area One it is requested to amend the existing Special Use Permit so that grading and excavation may occur within 30 feet of the west, north and east property lines, at a maximum temporary slope of 1.5:1 until proposed plan grades are matched. No activity or grading shall occur within 30 feet of the southem property line adjacent to the following subdivisions: Applewood Mesa; Applewood Lane; Applewood Gardens. It is likewise requested that the 30 foot non-activity buffer from the property line be waived in the Amendment area north of Clear Creek. Construction Fencing Construction fencing will be placed within the Special Use Permit areas of active excavation. The minimum height of construction fencing will be 48 inches adjacent to public access areas. Stormwater Management Practices will be put in place in conjunction with the Stormwater Management Plan. Amendment Within Area One it is requested to amend the existing Special Use Permit so that grading and excavation may occur within 30 feet of the west, north and east property lines, at a maximum temporary slope of 1.5.1 until proposed plan grades are matched. No activity or grading shall occur within 30 feet of the southern property line adjacent to the following subdivisions: Applewood Mesa; Applewood Lane; Applewood Gardens. It is likewise requested that the 30 foot non-activity buffer from the property line be waived in the Amendment area north of Clear Creek. Board of County Commissioners Jim Congrove District No, 1 J Kevin McCasky District No 2 Dave Auburn District No, 3 April 22, 2005 City of Wheat RIdge Aian WhIte, Commumty Development Director 7500 W 29th Avenue Wheat Ridge, CO 80033 Dear Mr White' Jefferson County IS gravely concerned with the proposed amendment of the Special Use Permit, SUP-05-04 to allow grading within 30 feet of Jefferson County property, Including the Tab]e Mountain Animal Center ('TMAC") and the Road and Bridge maintenance area. Our key concern is the protection of the pubhc, employees, and ammals traveling to/from or USIng this property. The TMAC driveway and the 1-70 Frontage Road abuts the property lIne of the Special Use Permit property and are used daily by the public, animal control officers from many jurisdictIOns and other employees. It is imperative that this SpecIal Use not be granted unless we feel assured that no damage will occur to County property, or the frontage road used to access County property We did not receive the December 17, 2004 Geotechnical Engineering Study until April ]4,2005 or the April 20, 2005 Geotechmcal Engineering letter untl] April 20, 2005. In our prelimInary reVIew, we felt there was insufficient supportmg data for a technical review by the County geologist. The April 25 response deadhne and possible administrative approval on Apnl 26 does not provide sufficient revIew time to determine that the conclUSlOns of Kumar & Associates, Inc. can be substantiated as it relates to the County property. Additionally, the Applicant has failed to meet criteria 1,4,5, and 6 In Section 26-114(D) of the Zoning Code of the City of Wheat Ridge Colorado These cnteria are that the proposal 10( EXHIBIT 2 Alan White, Community Development Director City of Wheat Ridge April 22, 2005 Page 2 [1 ] Will not have a detnmental affect upon the general health, welfare, safety and convenience of persons resldmg or working in the neighborhood of the proposed use. [4.] Will not result m undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detnment of persons whether on or off the site. [5] Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. [6 ] WIll not overburden the capacities of the existing streets, utilities, parks, schools and other public facilitIes and services. These cntena are not met. The Applicant has not demonstrated that the grading activity within 30 feet of the County property will not have a dctrimental effect upon the general health, welfare and safety of the public, employees, and animal control officers, who access the property on a daily basis. The Applicant's information only discusses harm to the TMAC building, not the access/frontage road, parking area, or utilities for the County property The amendment to the Special Use permit does not have provisions to adequately protect the dnveway, parking lot or buIlding on the TMAC property. Nor are any adequate solutions provided should any damage occur. Finally, pursuant to SectIOn 26-623(C) maJor landfills and excavation operations may be allowed "only by special use permit reqUIring public heanngs before the Planning Commission and City Council under Section 26-114." Although section 26-114 provides that the Community Development Director shall refer the special use application to the City Council if objections are raised, SectIOn 26-114 is more specific to special use approvals for major excavation operations and, Section 26-114 still requires both Planning Commission and City CouncIl review Because the Amendment to the Special Use Permit requests grading within 30 feet of the County property and the 1-70 Frontage Road and there is potential for serious damage to the access and parking lot, Jefferson County hereby objects to the proposed Amendment. Jefferson County requests an opportunity to review the SpeCial Use Permit Amendment documents in full, obtain additional technical information from the Applicant, and explore mItigatIOn of potential impacts on the County property and operations. Jefferson County, therefore, requests the County be given additional time to attempt to protect the County property and the public, and then this matter be referred to the Planning Commission and the City CouncIl as required by SectIOn 26-114 Alan White, Community Development Director City of Wheat Ridge Apnl 22, 2005 Page 3 Jefferson County's concerns about the Amendment to the Special Use Permit are more fully detailed in the attached document. I can be reached at 303-271-8475 Attachment CC- Board of County Commissioners Patrick Thompson, County Admmlstrator Randy Young, City Manager - ~ Nanette Neelan Assistant County Administrator Alan White, Community Development Director City of Wheat RIdge April 22, 2005 Page 4 A TT ACHMENT Amendment to the Special Use Permit Concerns NotIfication: The April 15, 2005 letter notifYing Jefferson County of the response deadline was sent to 1700 Arapahoe Street. Jefferson County's address is 100 Jefferson County Parkway. AddItionally, Jefferson County has repeatedly requested that all notification be sent or copied to Nanette Neelan, Assistant County Administrator 2. Notification of CDOT' The dlstnbution lIst of the Community Development Referral Form does not list CDOT The access Did CDOT receive a referral and have any concerns wJth the encroachment') 3. Narrative. The Apnl 12, 2005 narrative states that "Area Two includes existing properties and facilities owned and operated by the Coors Brewing Company that are located outside of the City of Wheat Ridge .Maintenance of an existing water storage reservoir within Area Two will also be used to source material to fill the amendment area north of Clear Creek." The Graphics do not label Use Areas. Grading in unincorporated areas cannot be approved by the City of Wheat Ridge. 4. ConstructIOn Hours. Wheat RIdge performance standards (Sec 26-623C6) requires major landfill and excavation operations to be limlted to 7 am to 5 pm with no operations permItted on Saturday or Sunday. The narrative states that "additional hours of operation may be required for special or unforeseen circumstances In these situations the contractor will contact the appointed representative from the City's Public Works Department for pemlission to conduct operations for extended hours. " The County needs more time to determine appropriate hours of operation to minimize impacts on Jts operatIOn. We also request this provision reqUIre approval by Jefferson County before any request for extended hours is granted by the City for grading in areas near County Property. 5. Construction Fencing: The narrative states that construction fencing will be a minimum height of 48 inches adjacent to public access areas. A 48 inch fence will not protect public visitors or employees. Will the existmg fence along the Table Mountain Animal Center (TMAC) remain? 6 TMAC Dnveway and Parking Lot. The Apnl 20, 2005 Kumar letter implies that the TMAC bUIlding will not be impacted due to Its distance from the excavation activity. The letter does not address the existing asphalt used as a driveway and parking lot. The performance of the adjacent asphalt IS good, although the seam has come apart. 7. EXIsting Utilities to TMAC The Apnl 20, 2005 Kumar letter does not address protectIOn of eXisting utilities- electnc, gas, water and sewer- in the utility easement Alan White, Commumty Development DIrector City of Wheat Ridge ApnJ 22, 2005 Page 5 along the north property line. DisruptIon of these serVlces would harm the County's operations. 8 EXlstmg Frontage Road to County property. The Apnl 20, 2005 Kumar letter does not address protectIOn of the frontage road. This road is used for county operations and by the public to access the County property Disruption of this roadway would harm county operatIOns. 9. Temporary ExcavatIOn Slope. The December 17, 2004 Geotechmcal Engineering Study narratIve (Temporary Excavations, page 20) states a maximum temporary slope of 3:1 for the reservOir temporary excavation, however, the Apnl 20, 2005 Kumar letter states 1.5 1 will be utilized in the upper 25 to 30 feet, and the SUP plans state a 2.1 slope. What is the actual proposed temporary slope withm the 30' encroachment near the County property? 10 Slope Stability' The Apnl 20, 2005 Kumar letter states that Kumar has performed an analysis for potential slope failure. The report did not include the data necessary to support the conclusions. Please proVide Jefferson County this analysis so the County may review the input parameters. - 11. DMG Mining PermIt: The March 4, 2005 Kumar letter was submitted to the Colorado Division of Minerals and Geology with the 110 permit application. The letter's findings "assumed that there would be a 30-foot setback of any of the gradmg operations from the property line." Has the DMG received a revised permit based on the plans to excavate within 30 feet of the property lines? 12. Pedestnan Bridge. The Special Use permit should address repair to the pedestrian bndge that may be caused by a flood event and the placement of the temporary crossmg to allow eqUIpment access for thIs grading activity 13. Will a Special Use for mass grading be required for the Salter property? Or, does the proposed Interim Zomng allow for gradmg/mining of this site without further review? 14 How can a Special Use permit be issued for a use that is not permitted? The proposed Interim zoning does not allow for Mining. The existmg reclamation plan for the current 112 permit calls for the reclamatIOn of the entire site as water storage, which does not coincide with current grading activities. The amendments to the rruning permit have not been approved by the State. 15 General Notes on Cover Sheet. #12. The Contractor shall regularly patrol the pubic lands adjacent to the development, remove construction debris and keep clean and safe. Does this include removal of debris from the County property') Alan White, Community Development Director City of Wheat Ridge Apnl 22, 2005 Page 6 #16. The duty of the owner/engineer to conduct construction review of the colltractor's performance is not intended to include review of the adequacy of the contractor's safety measures in, on or near the construction site. Safety measures to protect the public and employees while traveling to/from and visiting County property should be mOnitored and should be the responsibility of the owner. #18. It is the contractor's responsibility to notify the owner's representative, and the City of any problems in confomling to the approved plans for any element of the proposed improvemellts prior to its construction. Adjacent property owners should also be notified. The County would like to be notified of any problems in the areas adjacent to County property Please make an effort to contact Nanette Neelan directly- a letter to "100 Jefferson County Parkway, will not be sufficient. #21' No grading shall take place until all appropriate permits have been obtained. The State Mining 110 Permit and 112 Permit have not been obtained, yet mining/grading actlVlty has already begun. The reclamation plan for the current 112 permit calls for the reclamation of the entire site as water storage, whlCh does not coincide with current gradmg activitIes. #22 The colltractor shall immediately fix any excavation, or excessive pavement failure caused by the project, and shall properly barricade the site until construction is complete. . Revise this note to specifically mclude pavement failure withm adJacent property and delete "excessive" - If the driveway/parking area of TMAC is damaged to any extent, Jefferson County wants it repaired to our satisfaction. Also, Jefferson County must be pre-notified and involved in any plans/discussions to bamcade the site. Access to County property cannot be barricaded due to contract obligations with other junsdictions. #22: ,..Failure, by the contractor, to correct any of the above within 48 hours of written notice, shall cause the owner to issue a stop work order and/or do the work and make a claim against the project's letter of credit for any costs incurred. Wheat Ridge should also issue a stop work order if damage to adjacent property occurs. Jefferson County should be the beneficiary of a letter of credit to ensure any damage on the County property is repaired. Notes should be revIsed to specifically include dust, noise and erosIOn mitigation measures to protect the County property \ \ ~ :;l; ~ }. ~ ~ := () ~ v ~ ~ ::::& ~ ....S'~ \l \.} ::> ..t \tl g ~ t'i s:. ..- 0. - ~ ~ \ ~ C) z - - w ~ \ () cc. ~ Itl ::l 0- 0- ~ \ \ <fl \ a:. 0 0 () -- CD ~ z E1t1l1Blrt '3 City of Wheat Ridge In this space there is a large scale map that could not be scanned at this time. Please see the City of Wheat Ridge Clerks office if you would like to see the map. Thank You. Brownstein' Hyatt I Farber 410 Seventeenth Street Twenty-Second Floor Denver Colorado 80~02-4437 bhf-Iaw com May 3, 2005 Carolynne C. White Attorney at Law T 303,223,1197 F 303223,0997 cwhite@bhf-Iaw com VIA HAND DELIVERY Alan White Community Development Director City of Wheat Ridge 7500 W 29th Avenue Wheat Ridge, CO 80033 RE: Response to Jefferson County Comments on Proposed SUP Amendment, SUP 05-04/Cabela's Dear Alan. - On behalf of Cabela's, this letter is provided in response to the comments submitted by Jefferson County with respect to Cabela's application for an amendment to the Special Use Permit (SUP) granted on February 28, 2005 Many of Jefferson County's comments generally appear to be directed towards the anticipated future retail development Cabela's hopes to propose for this site, and not towards the matter which will be pending before the Wheat Ridge City Council on Monday, May 9, 2005, namely an amendment to the existing SUP which would allow grading operations to take place to the property line along the north, east and west sides of the property The Wheat Ridge Zoning and Development Code allows a landowner to apply for a special use permit for the purpose of excavation and deposition of fill material in excess of 20,000 cubic yards There are no limitations on zone districts to which this special use permit applies, a special use may be requested, and granted, irrespective of the underlying zone district. The special use permit, in and of itself, provides the necessary land use approval for the excavation and fill activities. Cabela's will respond to each point raised in the Jefferson County letter seriatim. I. Wheat Ridge Zoning Code Criteria Page 2 of Jefferson County's letter refers to four criteria found in section 26-114(0) of the Wheat Ridge Zoning Code. [11 Health. welfare and safety. Jefferson County alleges that the proposed amendment to the SUP will have a negative effect on the health, safety and welfare EXHIBIT 5 stein Hyatt & Farber, pc_ 3,2231100 F 303,223 1111 2,2967353 F 202,2967009 ,..., ^.~ ...""",", po- ,...,.....r.,-.,,... "'....r-.-.. Alan White, Community Development Director May 3, 2005 Page 2 of the public, employees, and animal control officers accessing the property of the Table Mountain Animal Center (TMAC) Although this criteria really applies primarily to uses, such as the retail use ultimately proposed for this site, but not yet pending before City Council, Cabela's nonetheless disagrees with this assessment. First, the original SUP application contained numerous criteria, designed to protect the health, safety and welfare of the public, including nearby residents, and the employees and animal control officers of TMAC The staff found, and City Council found in approving the SUP, that all these criteria were met, The staff also recommended, and City Council adopted, conditions designed to prevent any detriment to health, safety or welfare These criteria and conditions ranged from taking measures to reduce noise and dust, to limiting access to a single driveway to minimize traffic on public streets, All of these criteria and conditions have been complied with to date The applicant has received no complaints on its hotline set up for this purpose Additionally, and perhaps more importantly, as the attached cross section shows, the TMAC, and its driveway and parking lot, sit high on a bermed area. In the early 1980's, when the site in question was a gravel mine, this area was extensively mined, resulting in a situation in which the excavation near the property line was vertical. That is, no fill or slope was present to shore up these areas, yet no damage or danger occurred. ~ At the conclusion of the mining operations, loose fill was deposited in this area, resulting in an unstable condition on the Cabela's side of the property line One purpose of the proposed SUP modification is to remove this loose and unstable fill. The proposed excavation, again as shown on the attached cross section, will be at a slope of 1.5 to 1 for at least the first 25 feet from the property line. Existing conditions will be continually monitored by the soil engineer to determine whether any additional measures are required to preserve stability Also, the TMAC building is 64 48 feet away from the property line at its closest point. As Kumar and Associates, our geo-technical engineer, notes in their April 20 letter, which updates their prior geotechnical analysis of the proposed grading, excavating to within 5 feet of the property line will not reduce the slope stability factor related to TMAC to below the acceptable level of 1 5 No evidence exists that the proposed modification will create any danger to the utilities, parking area, or access road in front of TMAC As required under the existing SUP, and consistent with practice in the industry, of course the slope stability will be carefully monitored throughout the grading process. If any such evidence does reveal itself, then applicant will take appropriate measures, including shoring, as necessary, to protect TMAC and/or any other facilities, structures, or members of the public. Applicant should not be required, however, to take measures at this point to remedy a situation which does not exist. In fact, the current condition, and the proposed grading condition, are both more stable Alan White, Community Development Director May 3, 2005 Page 3 conditions than that which existed, without harm to TMAC, for several years in the early 1980's For these reasons, the proposed amendment to the SUP does not create an adverse impact upon TMAC, or any other resident or neighboring property [4,1 Traffic conqestion or traffic hazards, As with item [1 j, above, it appears that Jefferson County is referring to issues related to the ultimate retail development proposed for this property The proposed SUP is an amendment to an existing SUP for site overlot grading only; no application has been submitted allowing development on the property As noted above, the original SUP application contained several criteria and conditions, including a limitation on access routes Only one access route is allowed during the grading process, in order to minimize traffic on local streets, all vehicles will access the property through the Colorado Highway 58 Frontage Road access off Mcintyre, located to the North of the site Applicant has complied with this condition to date, and has received no complaints or negative comments otherwise - The proposed change to the SUP, allowing grading to the property line, instead of 30 feet away, of the property line, does not change this restriction, or create any additional traffic congestion or hazards [51 Appropriate desiqn, setbacks, heiqhts, bufferinq, screeninq, landscapinq, in harmony with and compatible with the neiqhborhood, Once again, this criteria relates to the ultimate proposed use Nonetheless, as with the other criteria, applicant is in compliance with all the restrictions imposed under the original SUP to protect the neighborhood. The design, setbacks, building height, buffering, screening, and landscaping will be addressed when a final development plan (FDP) for the proposed retail development is submitted. This is currently anticipated to occur in August, 2005. [6,1 Will not overburden the capabilities of the existinq streets, utilities, parks, schools and other public facilities and services, As with the other criteria, this is not applicable to this application to amend the SUP to allow grading closer to the property line than previously allowed. The impact of the proposed project on existing infrastructure, and proposed improvements designed to mitigate that impact, will be proposed by applicant, and reviewed by the City at the FDP stage Request for referral to Planninq Commission. Jefferson County requests, on page 2 of its letter, that the Planning Commission consider the proposed SUP amendment. However, a hearing by the planning commission is neither required nor appropriate In July of 2003 the City adopted Ordinance No 1291 which amended the special use permit process. One of the amendments was the elimination of the planning commission hearing. Section 26-623 C of the Wheat Ridge Code dealing with excavation and deposit control has been superceded by Ordinance 1291, which process was followed in this case, and under which the original SUP was approved Alan White, Community Development Director May 3, 2005 Page 4 ATTACHMENT - Amendment to Special Use Permit Concerns Jefferson County also included an attachment, titled "Amendment to Special Use Permit Concerns" The following comments respond to the numbered paragraphs in that attachment. 1 Jefferson County Notification Notification was sent to the correct address However, the addressee was not denoted as Nanette Neelan The data base has been corrected to reference Ms Neelan in the future 2. Notifications of COOT The Wheat Ridge Code does not require notification of COOT in this instance. Nonetheless, we have had discussions with COOT representatives, and anticipate receiving their written comments shortly 3 Narrative - Use Areas. The narrative associated with the amendment to the SUP noted that Area Two was outside the boundaries of the City of Wheat Ridge It is correct that grading in unincorporated areas is not within the jurisdiction of the City of Wheat Ridge. Applicants have not requested approval by the City of Wheat Ridge for excavation outside the City boundaries However, placement of material excavated elsewhere and deposited within the site does have to be approved through the SUP The material from Area Two will be obtained during standard maintenance of the existing water storage reservoir as previously coordinated between Coors and the County, and placed within the site, which is entirely within the City of Wheat Ridge 4 Construction Hours, No modification from the existing SUP is requested in this area. The hours of construction previously approved in the original SUP will continue to apply These hours are limited to' 7 00 a,m to 9'00 p m. six days a week except from April 15 to May 15, where it will be extended to 7 days per week. For areas within 200 feet of residential properties, the hours of operation shall be limited to between 7 00 a,m and 7 00 p.m 5 Construction Fencing: The existing 6 foot tall fence will remain in place as long as it is not within Cabela's property Cabela's takes protection of the public very seriously, and will make every effort to ensure that all contractors on the site during construction pay paramount attention to this issue. 6 TMAC Driveway and Parking Lot: Excavation will be confined to the Cabela's site No evidence exists that the TMAC driveway will be adversely impacted by the proposed excavation However, if in the course of construction the TMAC parking or driveway is adversely impacted, it will be repaired in a timely manner, to at least its current condition. Photographic evidence of the existing condition of the asphalt will be obtained for records 7 Existing Utilities to TMAC Existing utility service(s) to the TMAC will not be interrupted (See item 6) Alan White, Community Development Director May 3, 2005 Page 5 8 Existing Frontage Road to County property' As previously stated, the excavation/embankment operations are to be limited to the property boundary Disruption to the County operations or access to the property is not anticipated to occur Additionally, the roadway surface is approximately 30 additional feet from the property boundary The existing frontage road access will not be disrupted. 9 Temporary Excavation Slope Temporary Excavation slope of 1 5 1 is anticipated to be used in the upper 25 to 30 feet. Evaluation of existing conditions will be made by the Geotechnical Engineer to determine if this slope is acceptable and to what depth, 10 Slope Stability' As construction takes place, if field conditions differ from what is anticipated in the geotechnical report, as determined by the appropriate professionals, then appropriate measures will be taken. - 11 DMG Mining Permit: The DMG 110 process is not affected by the requested area of 30 foot variance The DMG 110 is relevant to the temporary crossing if material is moved from the North parcel mining area to the Coors/Cabela's site and the parcel previously owned by Mr Salter The 30 foot setback will continue to apply along the south boundary of the SUP as well as the west boundary of the .Salter" property The east boundary of the previous Salter property is more than 30 feet from the excavation A 30 foot set back does not apply to the existing DMG permits, 12, Pedestrian Bridge Cabela's would be responsible for making repairs to the pedestrian bridge if it can be determined that damage to the pedestrian bridge was caused by the temporary crossing, The temporary crossing has been permitted by the Corps of Engineers and City through a floodplain use permit. 13 .Salter Property' The existing SUP incorporates the former Salter property Grading within it's area Grading is allowed within the property following the DMG 110 amendment process without further review Grading within the Salter property has not commenced and will not commence until the 110 process is complete through the DMG However, grading, when it begins, along the south and west lines of the Salter property will be set-back 30 feet from the property line, as required in the original SUP granted on February 28, 2005 14 Interim Zoning vs. Special Use Permit: A Technical Review for the revised grading plans has been approved through the DMG and therefore allows for the current reclamation, regardless of the property's zoning status, The SUP allows for grading on the area, also without regard to the zone district in which the property is located. Alan White, Community Development Director May 3, 2005 Page 6 15 GENERAL NOTES ON COVER SHEET a. #12 - Patrol of adjacent lands. Yes, the Contractor is responsible for collecting trash and debris that may accidentally leave its site They would only enter adjacent property with permission b #16 - Owner/Engineer review of adequacy of safety measures under existing contracts, neither the Engineer nor the Owner can specifically dictate Contractor means or methods of operation, Safety and construction techniques are the sole responsibility of the Contractor and the Contractor is required to comply with City, County, State and Federal regulations. However, it is the responsibility of the contractor to use all necessary and appropriate safety measures to ensure protection of the public during construction If the County or any other members of the public note any potential issues, several phone numbers and the hot line is available to report such issues Immediate response will be provided. c. #18 - Notification of issues that are not in conformance. Issues that affect adjacent property owners will be brought to the respective property owner's attention. All notification to Jefferson County will be sent to Nannette Neelan henceforth d #21 - No grading should be performed until Mining Permits are issued: Kate Newman, a representative of Jefferson County has attended a series of meetings with the Cabela's project team, and representatives of the City of Wheat Ridge. The State 110 permit is an amendment that deals with the former Salter property At such time that the 110 permit is approved, excavation will begin in this area. No excavation of the former Salter property is taking place at this time. The DMG 112 permit has a "TR" Technical Revision that allows for reclamation using the revised grading plans that coincides with current grading activities e #22 - Remediation of failed pavements caused by construction, site barricade" The note specifically states that reparations are required to any damaged areas This will include the Jefferson County property If damage to the parking area takes place, as measured by comparison to initial project photographs, reparation will be made to a condition equal to or better than existing as agreed to by both parties. This requirement is a part of Owner's contract with the Contractor The site will be barricaded to prevent people from entering Cabela's property Barricade is typically defined as fencing and will occur on the Cabela's property The Jefferson County parcel will not be barricaded to preclude access to their facility - - Alan White, Community Development Director May 3, 2005 Page 7 f #22 - Stop work Criteria, The City has a process in place to account for the need of Stop Work orders and will implement accordingly The letter of credit applies to the City and the City will have the ability to ensure reparation of damage that may occur [comment not numbered] Notes should be revised to specifically include dust. noise and erosion mitigation measures to protect the County property Our contractor has also obtained and is operating under the following permits 1) Storm-water Discharge Permit - issued through the State of Colorado; 2) Dust Control Permit - Issued through Air Pollution Control Division of the State of Colorado. and 3) Dewatering Discharge Permit - Issued through the State of Colorado. Department of Health. As previously noted, the initially granted SUP contains several criteria and conditions related to dust, noise, and erosion mitigation measures. These measures are for the protection of all adjacent property owners and members of the public, including Jefferson County If a violation of these criteria or any other code provision occurs, the City of Wheat Ridge, and the SUP permit language itself contain adequate provision to protect Jefferson County II. Conclusion Cabela's appreciates the thoroughness with which Jefferson County reviewed the pending application for an amendment to the SUP granted on February 28, 2005. to allow for excavation to occur up to the property line. But the items outlined in Jefferson County's letter do not show evidence of any failure to meet applicable criteria. or raise issues that have not already been adequately addressed by the City of Wheat Ridge in the conditions and criteria of its original approval of the Cabela's SUP To the extent that Jefferson County's comments serve as a reminder of the importance of the health, safety and welfare to the public, Cabela's reiterates its commitment to hold these issues paramount, and to comply with the letter and spirit of all applicable laws and regulations in proceeding with the excavation. To the extent these comments refer to the proposed retail development for which an application has not yet been submitted, Cabela's cannot respond at this time Enclosures 9799\1\912445.1 - !~ ~ r' SCALE. 1" = 1 00' 'r ,,) \j.) 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Z(/1 a:.O-z.:z:. O~>-OO Q...~r-----' 0::1'::: ~ "":<:-00 *U1~~ ~ o,wt;o 0:: ~O '" Z:;;:Z~~ "'02.0 \-" ex::. r- ifl ~n-~ -' <( l>- ~ r- \ / / / / -r-A-r- I / , \ ~e -'> ""a z~ 0", cr:"" <( ~w <Xl o >f) 0<:> "'Z ({l- 0'3 0.-_ 0-:> , cr:a:> 0.- \ \ ,,\, \ \ o '" > IS',O ~I-~ ~~o:: a:>o.-", ~<Xl >=0 ~uo o I- :z:.:J .J -'-' o4."CZ. z~ -<5>- tioc4. -..c{.JI (,~'-' l_, "1 -..... " z 9- '4. ~ '-'", ""-' "'- l>- ,.0 ~~-- "'", 00.- "-0 ~-' ~({l \- <' ~ 0- ' '----'~".:: - ""'.. -'" c-~~- <~~ "f~ o~ \ ~~~ "''-'w '<5" ~~~____ <( '~o ct. :r:.o\-" -~- t2t.J .J o ~~::! z .>1.>- ~ t.')4y ~ (/1 zz <( ',,- >< \ -;:'0.-1 ('-.,'---.~'" <!! <;i '-' , (,~ \ \ if) c-l <t U1_ \ o <t U1 :;:i cr: ?-, ~ '" ~-~-- 1.>-'" 0<5 ........ ",0 z~ ~({l L__~__ _~'f>--- \~ I \ - if) ..... <t >f) o if) <t U1_ '" i\ > <( II III '/, 0 " (olll 0 '}oooq ?. Ifi 00... \-0&,- ... M ~ ~ Ii ttl. ~ \d )(,0 r" t'I 300 I'l 0 0' 1Il 3 q,1'I 0' ~I'lll; qo(o;:. ~Q.JI'l o o 4- \ 4- -z. o t \,>.I III \ ::r: I-- 0:: O~ Z-C\.- \<.:) 1Il~ 7--0 0..---1 -5 ~co o 7--0 0\.)..1 Otfl Z-O oC\.- _0 1--0:: 4.C\.- ~tfl 0-4. ><..---1 \.)..1\.)..1 CO )-4- ~o O::w- 00\ C\.- \ ~ \.)..1 I-- \ >f) r- '" Ul S~-ttd ~ ~+~ ~<A--- cc K~ S'/~ {()S- N \t~ 3 Board of County Commissioners Jim Congrove District No, 1 J. Kevin McCasky District No, 2 Dave Auburn District No, 3 May 9, 2005 City of Wheat Ridge Alan White, Community Development Director 7500 W 29th Avenue Wheat Ridge, CO 80033 Dear Mr White. Thank you for having Cabela's address our April 22, 2005 letter about the Amendment to the Special Use permit. On April 25, 2005 Jefferson County requested additional information from the applicant's engmeer to ensure that any slope failure within the 3D-foot setback would not damage county property or impede access to county property The County asked for the Geotehnical Engineering Study's input parameters to verify that the study took into account load surcharges due to the parkmg area at the animal shelter and variability of the fill material, as well as the gas, sewer, and aerial electric line utilities near the property boundary We received the data on May 6, 2005 Due to the delay in response, the County's geologist only had one day to review the Information. The County had wanted to conduct a through review. We had wanted to come to City Council completely assured that our property and operations would not be inadvertently harmed. But, we were we not given the chance. Hence The County would like to be notified- Immedlately- of any problems in the areas adjacent to County property or the access road to County property The County would like to be notified- immediately- if field conditions differ from what was stated in the Geotechmcal Engineenng Study so we can perform our own analysis. The County would like to verify the cut slope depicted on Cross Section B will be 2.1, not the 1.5.1 as shown. The County would like, given the relatively low factors of safety, commitment that the cut slope will be exposed for the shortest possible period of time. Once the existing fill is removed, the moisture-conditioned material should be re-compacted as quickly as possible to stabilize the slope 100 Jefferson County Parkway, Golden, Colorado 80419 (303) 279-6511 http.lljeffco,us Alan White, Community Development Director City of Wheat Ridge April 22, 2005 Page 2 The County would like reassurance- on the record- that m the event that damage does occur, the applicant and the City will make the necessary repairs to its existmg condition. The County would like Note #22 revised (The contractor shall immediately fix any excavation, or excessive pavement failure caused by the project. and shall properly barricade the site until construction is complete ) to specifically address utilities and pavement failure within adjacent property (including CDOT property) and delete the word "excessive." The County must be pre-notified and involved In any plans/discussions to barricade the site in the event of pavement failure Access to County property cannot be barricaded due to contract oblIgatIOns wlth other JurisdictIOns. To further ensure public protectIOn and county operations, The County requests that the City obtain our approval, or at least consult us, before any request for extended hours is granted by the City for grading in areas near County Property Finally, the County would like a commitment from the applicant and City that our questIOns and/or requests for additIOnal Information will be answered quicker so that we will have enough time to complete through reviews. The County also continues its objection to approval of the special use or the amendment to the special use without review by both the City Council and the Planmng Commission. There is not statement In the Wheat Ridge Code providing that Section 26-623 C of the Wheat Ridge Code has been superceded by Ordinance 1291 Section 26-623 is specific to special use permits for excavation and reqUIres mandatory review by the City Council and the Planning Commission. I can be reached at 303-271-8475 ~:L Nanette Neelan Assistant County Admmlstrator CC Board of County Commissioners Patnck Thompson, County Admmistrator Randy Young, City Manager SCALE: 1" = 100' 9306' EXIST ASPHALT EDGE OF ~ I \ YOUNGFIELD SERVICE ROAD !'-j " I I I <) \ I I I I I \ I I I ASPHAL T PARKING PROPERTY /LINE )> I 43.16' MIN ENVELOPE STRUCTURAL FILL PRISM EDGE OF ASPHAL T TOE OF STRUCTURAL FILL PRISM TOE OF STRUCTURAL FILL PRISM ~ I~ ~ MARTIN / MARTIN / .",.... CONSULTING ENGINEERS MAY 04, 2005 c> % 9 -~ ~4. ~ 00' Wo "'- Oil' o.w o~ tw 0' o 0",c><3 W'4. %... '" ...!- Ow50 0-1Il-'" 04~~ tulll'L! % ;: ... o 4. ~ '0 ~ w ~ 0' c> ~ '" z ;: "0 o .- o '" \o~ ,~, O'uW W4.o' 1Il00w ~511l ~Uo 0,.,.... %;..I...! c>~i:! %%... ~(h. ~'.a~ w'o % o ~ ~ u ~~ w_ ... ,..0 '.all' 0'0- 0'" 0.0- '<3 ~'" ~ 0' ~...! '4,w '%~ ...0' oc> ...... ",0 %~ ~'" \0'% ,w:;( 0'.... , w~w IS) 0.0' ~'o ....0.... O'u o ..l %~i:! c>:a'" ~~~ ~~u ~4. "', w ~ 0' c> Cl % ~ ~ I~ '% ~ ,.. ~ '" 0. o 0' 0. "U) o III .. III III N .. III III ... .. III ~o ...!W 4.~ ~, Cl.... '.all' ,.... IS) 'ill 0 -.... ~ ....~ ...;: o o "'.... %.... o~ .....0. " ~o ,u U) o o ('.I ~ o >- <l: ~ ~ ... \ o 0' ~ Oo'.a", 'i....?-<.i'2 o"''''o.W ...!0'0"'.... ",4. .... % 't\.... '" (; .......'% % ou....~.... %....~ 0% ~<!l ~l/l~go ~4,.."'''' o.c>S\ll~ 0'%-'% ~~o~Q % ,.. ........0 <3~\Il~~ o'5~gg ......>'i...J~ ':;(0--.... ...!o'~~~ ...0.- \ r ,.: u \ \ -...--j ...... \ \ \ o ~ III In Z ~ bl \- 1. It \'l <t 7- :c bl \'l 7- ~ :l I!\ 7- o \) o o <1 \ <1 -z. o - ...... <.) uJ (/l bl III ~ <( l'l ~ 0 ~ .olll 0 ~~oo~, \)~Uo~ r \!'l ~ ~ {fJ t.- 0 \D oQ' 3~O~<'l 00 <'l 0 Il'lD 3 ~ <'l Il' bl' ~o~'6~ ~\l..l('\"- o III ~ ~ o -z. \ (/l Z o ~ -uJ O-z. 5~ <.)r Z...... ocr: _uJ '4.'6 ,..cr: 4.0- <.) :;.<. uJ ~ <1 cr: o 0- ~ uJ ...... o III ~ III oc ifl ('.I ( \I u.J .- .....J 4. N <.) 0::: 0 ifl :t City of Wheat Ridge In this space there is a large scale map that could not be scanned at this time. Please see the City of Wheat Ridge Clerks office if you would like to see the map. Thank You. K+A Kumar &1's~,Inc. Geoleoonical $d Matetlals Engineers and tmiror.mental St*nlists 2390 South Lipan Street Denver, CO 80223 pbo.ne:(303}742-9700 fax: (303) 742-9666 e-mail: kanenver@kumarusa.com www.kumarusa.com Office ~p!ls: Denver, Colorado. Springs, Fort Collins, Colorado Branch Office: Pueblo., Co.lorado April 20, 2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 691 60 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabela's Site, Near 1.70 and Clear Creek, Wheat Ridge, Colorado Project No. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and GeQlogy (DMGI dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center. As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope failure that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety will be greater than 1.5 for any potential slope failure surfaces extlmding off site. That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary. At the northeast corner of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 (horizontal:vertical) in the upper 25 to 30 feet and 3.1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope failures that would impact the building, Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly vertical, near the property boundary during mining EXHIBIT 6 Cabela's April 20, 2005 Page 2 operatiOfls. Subsequently, till materials were placed by Coors against the steep excavated slope as part ot initial reclamation activities. Both the current configuration and the proposed configuration during the Cabela's grading are more stable slope configurations than existed during the mining activities. Please contact us if you have any questions or if we can be of further assistance. Sincerely, KUMAR & ASSOCIATES, INC. Alan F. Claybourn, P.E. AFC/mj cc. Project One Integrated Services, Attn: Mr. Mike Palumbo Martin/Martin, Attn: Mr. Bill Willis book, file C.',~Ii..-.c;lSfls,nglI\M:1II1V:..Mv~~v\I.A.ri.let~ri04.1-"'()O{4;..fc.lSCr. Kumar & Associates, Inc. ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION r"""$~ ru COUNCIL MEETING DATE: May 9, 2005 TITLE: COUNCIL BILL 08-2005: AN ORDINANCE AMENDING SECTION 16-127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SALE OF ALCOHOL TO MINORS. o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS L8J ORDINANCES FOR 1ST READING (Date' May 9, 2005) o ORDINANCES FOR 2ND READING QuasI-JudiCial. o Yes L8J No City Attorney ~~~ City Manager 't' . - EXECUTIVE SUMMARY Amendment to Code of Laws, Section 16-127, clarifying the unlawful sale of alcohol to minors. COMMISSION/BOARD RECOMMENDATION None ST A TEMENT OF THE ISSUES The present Code of Laws section concerning sale of alcohol to minors IS hmited in scope to the circumstance in which a person obtams alcohol With the intent to provide it to a minor The section does not, but should, also cover the circumstance in which the seller falls to determme the age of a buyer ALTERNATIVES CONSIDERED Do not amend thc current section of the Code of Laws. FINANCIAL IMPACT None RECOMMENDED MOTION "I move to approve Council Bill No 08-2005 on first reading, order it published, public hearing set for Monday, June 13,2005, at 7'00 p.m. In City Council Chambers, and that it take effect immediately upon adoption." or, "I move to table indefimtely Council Bill 08-2005 for the follOWing reason(s) Report Prepared by' Reviewed by' Gerald E. Dahl, City Attorney, 303-493-6680 Daniel Brennan, Police Chief Randy Young, City Manager Attachments: I Memorandum from Caroline Penaloza, Assistant City Attorney 2. Council Bill 08-2005 ., Hp... 21; U~ 12t 2~" - lik..KHLIl IlHHL <lU<l (;'(l;j il1ol2b .' ,Jr),,;, ~- MEMORANDUM TO: JERRY DAHL, CITY ATIORNEY, CARMEN BEERY, ATTORNEY, SGT. PAULA BALAFAS, JUDGE CHRIS RANDALL, JUDGE CHARLES ROSE CAROLlNB PENALOZA, ASSISTANT CITY A ITORNEY PROPOSAL TO AMEND W.R..M,C. 16-127 (e)/SALE OF ALCOHOL TO MINORS FROM: RE: DATE: April 6, 2.005 Sergeant Balafas, who has recently stepped up enforcement on retail alcohol sales to those under twenty-one, brought my attention to the language contained in Wheat Ridge Code Section 16- I 27( d). A recent enforcement operation involved Jefferson County Sheriff Cadets under the age of twenty- one attempting to buy alcohol from various retail stores within the City. W.RP .D. issued numerous citations to retail employees under 16-127( d) as aresult of this sting operntion. The subsection under which the seners were charged, 16-127(d), addresses purebasing, procuring or obtaining alcohol with the intent to procure, sell or provide sueh alcohol to a person under the age of twenty-one (see attached copy). This language appears to contemplate a fact pattern in which a person obtains alcohol from a retail establisbtnent and then intentionally gives or sells it to an underage person, not a retail sale in wbich the seller fails to detemrine the age of the buyer. Because the W.R..P.D. intends to continue to pursue enfurcement operations of retail liquor sellers, I propose that the Wheat Ridge Code be amended to track C.RS. l2-47-901{a) (see attached). The language of the statute does not specifY intent, but rather makes it unlawful: (a) To sell, serve, give away, dispose of, exchange. or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or fonmy person under the age of twenty-one years, to a visibly intoxicated person, or to a \mown babitual drunkard. ATTACHMENT 1 p.~ This portion of the state law closely mirrors another portion of the W.RM.C., 16-127(e). The key difference between the State law and our City Code is that the Wheat Ridge Code omits "any person under the age of twenty-one" and only applies to "visibly intoxicated pel.'son{s)" and "habilllal drunkard(s)." The most straightforward solution would be to add the category of underage persons to subsection (e) and leave subsection (d) as it is. Please contact me with any concerns, ideas or input regarding this proposed amendment (303-235-2g,ro). I mow Sergeant Balafas would be thankful to get this amendedas quickly as possible,' Thanks, Caroline - - OFFB:NSBS-MlSCEl:J.ANEOUS (d) N I)tIrlng ill this secti.oo shall be construed to alter or Ilimm;,n the inhennt authority of the court. to enforce its onlem tl>rouaIl cid OJ' c:rimi- nal COIlteJnpt~. (e) No person charged with a violatlon of any order pu%SWU1t to this sections shall be permitted, in the criminal actiooresultiDg from StICh cbareeG. to collateraDy attack the vaJidity c4 the order wbich such person is accused o€violating, (Ord.. No. 1989-811, ~ 2, IG-2S-89; Ord. No. II}%- 998, Ii 5, 4-24-95) See. IG-llll. Violation of ban boDd coDdi. lions:. . It shall be tmiawfuJ tor a person to knowingly violate the conditions or the blIl1 bond after re- lease arising from an anest fi:o: . vioiatiOll of a municipal ordinance. AiJy such sentence fOJ' a "Violation o€ this mection lIhaIl be served MMeCtl- tivaly with any !leD.l:eu3 fi:o: the violation on which the pel1lOIl is on baiL (Ord. No. 1998-1150. D 1. 1.11-88) Sees. IG-Jl8-1G-125. Reserved. " ARTICLE VL OP'FENSBS AGAINST PUBLIC DECENCY See. la..128. SoIIcItadOD 01 aJeohoUc bever- ages, (0) It ill unlawful in any pl_ of buaibel!s where, "lrobo1i~ menages are Bald to be con. BllIX1ed upon the pnm;BBB for IlD3' person to beg or to solicit any }llIU'IlIlOl" eustoDler or or vl&1tor ill such 1)r!lDIiees to purchase any alcoboIic beveraee far the ODE! loening or solicitiJl&. (b) It is DDlawfu1 fOr the propr:ie~ or operator or pel:$Oll. in charge of ll1IJ llUeh 86*"nij+ment to Imowingly ano.r the pm8ene8 in such establish- ment of any per5Ol1.,.ho violated the prorieiolUl of .this Mellon. (Code 1m, t 14-~) . Sec. 16-127. P06iISeSS.ion of alcohol in public places; purchaSl!lI by or II))" n:d. nors; sales to m.fnon;. (0) It is IlhlawlUl for any person to consume anY fennented JUlt beveraee or any malt. vinous or spirituous liqaor in lID.Y public place. or IJlXUl Sopp. No. 30 i IG-l21 property owned, operated, leased Ol' maiDtained by the state or any poHtiealllUbdivision or agency thereof. or upon. properl3' owned, opilrated,leased <>r maintllined.lly the city; provided, hoPr_. that it shall not be a violatioti of this po:ovision to store or alIlSUme any f0rn1l!ll1ted malt beverage, or any malt, vinous or splrltuoos liqnor in coaformance wUh, BDd purswmt to the tenDs of any validly issued permit or license OJ: as provided in section 11-41. (b) Iti$ unlawful fur any'person to possess for pmposes ofimm.ediate consumption any open or 1l1lOOaled contaUJer of an;; f~ malt bever. age or any malt, 'Vinous or spiri"'lllOlI liqlUlr. whether sucl1 poIlIJel!lIion is aetual or e<:1DlIb:a.ctive, ' ill a puhlk place or 'upon properiy 01VDed, oper- ated, leased or maintained by the I~ta Ol' any political SIlbdiviBion or apocy ~ ,or upon PEoperty oWned, operated, leased or U)llintained by the city. B,mptoms of. alcohol intoxieatloo, Ott the odor of 8Il alcoholic bominge Oil the bnath of a person in pollSllSSion of any lIJl8ll or lUllloaled container at any fermented malt beverage or any malt, WlotJs or spirituous Iiquoi; sbaI1 be prima facie eridence afpossession fur purposes of imme- diate Cll1lS1UDptl.on. It sball neUe a violation of this }ll'O'lIisIOIl to trime or conBame 'any fm:mented malt beverage 01: any malt:, vinOus or spirituous liquor in ~e wij:b, and pmII~t to the terms of, anyvalidly Ulsued pennit or Ikense or lUl pn:Mded in lI<lCtion 1'147, (e) It is llDlawful for any peraon WIder the ~ ofw~~~U~to~orooWn.~ to attempttoJlurcbaso orobtain, either di:reetl.T<< throush an intermediary, any' ferm8llted ma1t beverap oc any malt, vinous or lIJll:rituaD8 liquor bY misrepusentati!'ll of Ige Ol" by any other means. (d) It is unl,awful tor lI1IY p<:mon to purcluise or procw:e or obtain any fermented ~t beverage or any malt, viIIotls or spiriwOUli ~UOI." with the in- 1039 ~ I OUENSES-MlSCELl.oANEOUS (( tent to procure 101-, seIt to. 01'",.mde any fer- mented malt beverage or any malt, -.irions or spit- ituous liquor to any person under the age of twe~o/-on. (21) yeus. (e) It is unlawful for any person to se1i, serve. give a....ay, dispose or, exchange or deliver or permi' the .we, serving, giving or- procuring of any fermented malt b6verage or any malt, vinous or apirituoua liquor to a visiblyintcxlcated peDKm o. to 8 lmown habit>lal drunkard. n It is unlawful for any 'visibly intoxicated penon or any known ha!iitu.al drunkard to P<"'" &ellIl or COilll1llne any fermented malt beverage or any malt vmooa or spirituOUllliquor. wbethel" suclI po9SeSlllcm is ectual or constructi..... in any public place or 1!pOD property owned, opented,.l8U!'d or maintained by the sW8 or any political subdlvi, sion or agency thereof or upon propert;y owned, operated, leased or mafntained by the city. ThIs provision shall apply regardless of ....hether any bottle. can or other container for such fermented malt hevel'8g'e or aucb. malt, viuotls or splrltuous liquor is .sealed, unaesled or open. (gl Daring any trial for a violation of this see. ~Ion, eny boltIe, can ar any other container with labelingin<licatfngthe contents Of .1Icl.bott.\e, can 01' <ontainer, IlI1d the information oontafned on .any such Iahel, sball be adnrlssiblelnto evidence snd shall not constitute ~ay. A.iurY. or e.judge. whlchever i. appropriate, sbal1 considerthe infor- mation upon .neb label as prima ff.eie eVIdence or the contents of the bottle, can or othe container. A labtll wlrleh Identifies the contents <>fany bottle, ean or other container ,88 '~." '''ale,'' "malt. beverere," "fermented malt haveraae," "malt liquor," uwillaau "chall1p8BDe1u l\vhiskey" or "whisky," "gin." "vodka," "tequila," "schnapp.,.. "'brandy," "cognac," "liqueur):" '''cordial.'. "alcohol" or "liquor" ehalI <onstitute prima facie evidence that the content!; of the bottle. can or other container wu eompoaed in whole or in part of an alcoholic bev.....ge prohibi~ by thi. sec- tion. '(h) fu eni>reiDg'the provisions of ihls &eetion. enforcement shall not be undertaken upon pri- vate propwty w1iich, tor purposes of this 8ectiO~, means llllY dwelling as well as the lot area WlllO- eiated with said dwelling, including front, rear Supp. No.. U HM29 and side,.anIs. which is used by a natur~ pen;tln or natur3l persons lor habitation 8Dd which Is not opeD to the publk and privately owned real p~ arly wbicb is not open. to the public. Private P!'OP- erty shall not include; (1) Ju.y establisbment which hlUI oris required to have alipmse pursuant to Article 4.6, 4.7 or 48 ofTltJe 12, C.R.8.; or (2) Any establishment which sens fermented malt be-ieragea or malt, vinous or spiri- tuous liquor or upon ,'It'hich fennellted ma.Jt beverages or malt, vinous or Bpirituoua Ii. quor ere sold; or 131 Any establishment which leases, rents or provides acecmmodatiODS to members or the pub1ie genenilly. (Code 1977. i 14-42.2 Old. No. 1990-850, i I, 11. 26-90) Crou ~-l'oIlsc:OoIon. or oIcoboI t". mInon, f 16- IT/, Sec. 18.128; Unlawful visual observation. n is unlawful foc any person to look ilIto any house, room, buUdlng or slnld.ure within the city through any window, door, skylight or other opoming thereof for the pm:pose of observing the actions of any penon within or occupant of web house. room, building or stmeture. (Code 1977;i 1~_1) See.. 11\.1119. Unlawfuleleoll:On1ellbservation. It Ie uolawCul Cor any person to observe or Ib monitor the aetiOJ>ll of an:r penon within or OC:llI1- pant of BllY ~, room. building or et.nletU1'e within the eft)' by the plsciJlg within such hoose. room, bnilding or $b11eture of an:r e1ectro>>lie de- vicowhleh has.. its 1Ui1clion tberemrding llftd/or tranllmiuion of- the phyaleal presenee, actions, sourids or Statements of any person within such house, room, building or structure; provi<il,d, how- ever, 1l1at 1be provis!Onll of tbls section shall nge be applicable to any electronic reetl!'dlng, moni. toring or b'ensmission device inIltalled in any house, room, ~uiIdiDgo....tructure with the knowl. edge and COQl;ent of the owner or the occupant tl)ereol; and further prov;!ded, that the pr-tfflsions or this section ehalI not apply to or problbit the installation of health service, emerpncy and/or 1040.1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No 08-2005 Ordinance No Series of 2005 TITLE. AN ORDINANCE AMENDING SECTION 16-127(e) OF THE WHEAT RIDGE MUNICIPAL CODE OF LAWS CONCERNING THE SALE OF ALCOHOL TO MINORS WHEREAS, The City Council of the City of Wheat Ridge Colorado is vested with all power and authority to adopt ordinances for the protection of the public health, safety and welfare, and WHEREAS, the City Council wishes to clarify Section 16-127(e) of the Code to prohibit sale of liquor to persons under the age of twenty-one years, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO. Section 1. Article V of Chapter 16 of the Code of Laws is amended by the addition of language to subsection 16-127(e) to read. - Sec. 16-127(e) (e) It shall be unlawful for sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person UNDER THE AGE OF TWENTY-ONE YEARS, to a visibly intoxicated person, or to a known habitual drunkard Section 2. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 3. Effective Date This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this day of , 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2005, at 700 o'clock p.m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado ATTACHMENT 2 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2005 SIGNED by the Mayor on this day of ,2005 Gretchen Cerveny, Mayor ATTEST Pamela Anderson, City Clerk .... Approved As To Form Gerald E. Dahl, City Attorney First Publication' Second Publication' Wheat Ridge Transcript Effective Date - 2 ITEM NO: 5, REQUEST FOR CITY COUNCIL ACTION /$~ ~ IU COUNCIL MEETING DATE. May 9, 2005 TITLE: COUNCIL BILL 09-2005: AN ORDINANCE AMENDING SECTION 103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE; DISTURBING THE PEACE. o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS [8J ORDINANCES FOR 1ST READING (Date: May 9, 2005) o ORDINANCES FOR 2ND READING QuasI-Judicial. o Yes [8J No City Manager - EXECUTIVE SUMMARY: ThiS ordinance would amend Section 16-103 of the Wheat Ridge Code of Laws, clanfying unreasonable nOise; disturbing the peace. A staff report regarding this ordinance was presented to City Council at the May 2, 2005 Study Session. COMMISSION/BOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: The present Code of Laws section concerning unreasonable noise; disturbing the peace is limited in scope and difficult to prove In court because it does not set an objective level by which to measure noise. In addition, an officer carmot be the complaining party for an unreasonable noise violation. This section does not, but should establish an objective measure of unreasonable noise and allow an officer who personally observes a violation of this ordinance to serve as the complaining party in the prosecution of such a complaint. GEDIWR/RFCNOIl\ AL TERNA TIVES CONSIDERED: Do not amend the current section of the Code of Laws. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill 09-2005 on first reading, order it pubhshed, public hearing set for Monday, June 13,2005 at 7-00 p.m. in City Council Chambers, and that It take effect 15 days after final publication." or, "I move to table indetinitely Council Bill 09-2005 for the following reason(s) " Report Prepared by: Reviewed by' Daniel Brennan, Chief of Police (303) 235-2911 Gerald Dahl, City Attorney (303) 493-6686 Randy Young, City Manager (303) 235-2804 Attachments: I StatI Report dated April 18, 2005 2. Council Bill 09-2005 GED/WRlRFCNOOI WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Gretchen Cerveny and City Council VIA: Randy Young, City Manage~/)G FROM: Daniel Brennan, Chief of Police ~~,-O \ DATE. April 18th, 2005 SUBJECT: Unnecessary Noise/Disturbing the Peace Ordinance BACKGROUND The Wheat Ridge Police Department responds to Disturbing the Peace calls on a daily basis. Analyzing statistics for the years 2001 through 2004, we discovered that Wheat Ridge Police officers handled Disturbing the Peace calls on an average of 112 per month. - STATEMENT OF PROBLEM Citizens often call to report loud car stereos in their neighborhoods. These loud car stereos can often be heard several blocks away, disturbing the peace of our citizens. Many of these citizens are reluctant to either provide their names to dispatch or allow the police to contact them as witnesses against the person responsible for the loud car stereos. Officers who hear loud car stereos and want to enforce the current Disturbing the Peace ordinance cannot be considered as "victims" of the unnecessary noise. Citizens who live near parks or greenbelt areas are often confronted with loud portable stereos. These citizens would like for the police to be able to stop the source of the noise, but they are reluctant to have the police contact them so that a complaint can be lodged. Additionally, as the Wheat Ridge Disturbing the Peace ordinance is currently written, the only standard that can be used for enforcement is, "sound at such a level, or at such an hour, as to disturb the peace of any other person." This standard is difficult to prove in court because it is not an objective level by which to measure the noise. The result of these factors is that the people responsible for disturbing the peace of our citizens are rarely held accountable for their actions. ALTERNATIVES 1. Amend the current ordinance to permit the police to be the complaining parties and provide an objective measure of unreasonable noise 2. Amend the ordinance as in option #1 and provide specific decibel levels as a measure of noise ATTACHMENT 1 3. Continue enforcement efforts with the existing ordinance. RECOMMENDATION Option #2 would require the police department to purchase sound meters that cost approximately $1500 each. This option appears cost-prohibitive. Option #3 does not adequately address our current enforcement needs for the reasons stated above We recommend option #1, as implemented in the attached ordinance We believe that this change in the ordinance's language will improve the enforcement and prosecution of unnecessary noise that disturbs the peace of our citizens. We recommend that the Mayor and the City Council consider repealing the current Disturbing the Peace ordinance, and enacting a new ordinance, which effectively deals with regulating Unnecessary Noise and Disturbing the Peace. This new ordinance would allow for police officers to be the complainants on Unnecessary Noise complaints, in addition to providing an objective measure of unreasonable noise. The City Attorney's office has already drafted a new ordinance at the request of the police department. This new ordinance subjects any noise/sound to an objective standard, specifically that it will be deemed unreasonable any sound which is audible twenty-five (25) or more feet from the noise or sound source. The new ordinance also deals specifically with noise created in multi-unit dwellings, and with trash truck pick-ups after 11 :OOpm and before 7'OOam The ordinance will also allow for any member of the police department who personally observes a violation of this ordinance to serve as the complaining party in the prosecution of such a violation, regardless of whether or not the officer's observation was initiated by the complaint of another party. -- The new ordinance has been reviewed by the Police Department, Courts, the City Prosecutor, and the Wheat Ridge Judiciary. Each of these segments of the City's government have endorsed the attached ordinance. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No 09 Ordinance No Series of 2005 TITLE. AN ORDINANCE REPEALING AND REENACTING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE. WHEREAS, pursuant to C R.S. ~ 31-15-401(1)(e) and its home rule authority, the City possesses the authority to prevent and suppress unreasonable noise and conduct that disturbs the peace of others, and WHEREAS, pursuant to this authority, the City previously adopted a prohibition against disturbing the peace, codified as Section 16-103 of the Code of Laws of the City of Wheat Ridge ("Code of Laws"), and WHEREAS, eighteen years of experience with said Section 16-103 has given the City the knowledge of what noise enforcement issues are a priority within the City and the best manner to address the same, and -- WHEREAS, the City therefore desires to repeal and reenact Section 16-103 of the Code of Laws as provided herein NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO. Section 1 Section 16-103 of the Code of Laws is hereby repealed and reenacted, to read in its entirety as follows. Sec. 16-103. Unreasonable noise; disturbing the peace. (a) It is unlawful for any person to make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace of a person of ordinary sensitivities The following noises and circumstances shall be deemed as prima facie unreasonable (1) Any noise or sound which is audible twenty-five (25) or more feet from the noise or sound source or at the property line of the property upon which the source is located (2) Any noise or sound which is audible within a private residence that the person responsible for the sound has no right to ATTACHMENT 2 occupy, specifically including but not limited to apartments, common interest communities and other multi-unit dwelling structures (3) A person or group of persons engaged in loud and continuing activities which are audible twenty-five (25) or more feet from such activities or at the property line of the property upon which such activities are taking place, continuing for a minimum of fifteen (15) minutes between the hours of 11 00 p,m. and 7'00 am (4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 11.00 pm. and 7.00 a.m. For purposes of this paragraph, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified, (b) Any member of the police department who personally observes a violation of this section may serve as the complaining party in the prosecution of such violation, regardless of whether the officer's observation was initiated by the complaint of another party Section 2 Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 3 Severability; Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances, parts of ordinances or codes adopted thereby in conflict with the provisions of this ordinance or the code or ordinance adopted hereby are hereby repealed Section 4 Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing 2 and consideration on final passage set for , 2005, at 7'00 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to . this day of , 2005 SIGNED by the Mayor on this day of ,2005 Gretchen Cerveny, Mayor ATIEST Pamela Anderson, City Clerk Approved As To Form - Gerald E. Dahl, City Attorney First Publication Second Publication Wheat Ridge Transcript: Effective Date 3 *' r ~~ g; K+A ~ ~ 2390 Soulh Lipan Street Dt."lIver, CO 80223 phone: (303) 742-9100 iax: (303) 742-9666 c-mail: kadenver@kumarusa.com www.kumarusa.com ((Qmar & k~,Illc. Geotedlnical and Maretials Engineers and En'llmr.n\enlal Scienllsls OffICe Locations: Denver. ColOl'tldq Sprins:;, fort Collins, CO'loradO' Bnmeh Office: Pueblo, Colorado April 20, 2005 Mr. Brett lococo Cabela's One Cabela Drive Sidney, Nebraska 69160 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabela's Site, Near 1-70 and Clear Creek, Wheat Ridge, Colorado Project No. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMG) dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope failure that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety will be greater than 1.6 for eny potential slope failure surfaces extending off site, That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary. At the northeast corner of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1 5 1 Ihorizontal:vertical) in the upper 25 to 30 feet and 3 1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximatety 60 to 65 feet north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1,5 for any potential slope failures that would impact the building. Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly )lertieat, near the property boundary during mining EXHIBIT 6 Cabela's April 20, 2005 Page 2 --./ operations. Subsequently, fill mattlrials were placed by Coors ",gainst the steep excavated slope as part of initial reclamation activities. Both the current configuration ",nd the proposed configuration during the Cabela's grading are mOre stable slope configurations than existed duting the mining activities. Please contact us if you have any questions or if we can be of further assistance Sincerely, KUMAR & ASSOCIATES. INC. Alan F. Claybourn. r.E. AFC/mj cc Project One Integrated Services, Attn: Mr. Mike Palumbo Martin/Martin, Aun: Mr, Bill Willis book. file --' C.'~ IJf'Il;tSt~\Martv;My 0e~n\M"'I'f""'j\lw..W)4.1.O<.'X4i ale tiM. Kumar & Associates, Inc. I(+A -::'=..~:;;; -::- , . . ~',. . ........ KIllll$l' & As$OCiaIl:s, 1m:. Gec\edmical and Maletials Enaineers and Env\lor.mer.toJ ScientisJs . 2390 SoUih Lipan Street Denver, CO 80223 phone: (303) 742-97QO fax: (303) 742-9666 e-mail: kadcnvcr@kumarusa.com www.kumarusa.com Office Loc~OtIs: Denver. C<>lorado Spring>. Fort Collins. Colorado lJrlll1ch Office: Pueblo. Colorado April 20,2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 691 60 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabela's Site, Near 1-70 and Clear Creek, Wheat Ridge, Colorado Project Nc. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site developmel'lt to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMG) dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope failure that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety will be greater than 1.6 for any potential slope failure surfaces extending off site. That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary At the northeast comer of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 Ihorizontal:vertical) in the upper 25 to 30 feet and 3 1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property boundary, We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope failures that would impact the building. Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly yertical, near the property boundary during mining EXHIBIT 6 K+A ~ .~'.~ .'.--"",," ~ KiInUlr &~, Inc. Gectmical and Malellals Engineers and f:JrIit~1 Stienlisls 2390 South L'pan Street Denver, CO 80223 phone: (303) 742-9700 fax: (303) 742-9666 e-mail: kadenvet@kumarusa.com www.ktlmarusa.eom Office LocatiOllS: Denver, Colorado Springs, Fort Collins, Colorado Branch Office: Pueblo. Colorado April 20, 2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 69160 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabela's Site, Near 1-70 and Clear Creek, Wheat Ridge, Colorado Project No. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf oi Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMGI dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1 ,5 be provided for any potential slope failure that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety wilt be greater than 1.6 for any potential slope failure surfaces extending oft site. That conclusion a,ssumed that there would be a 3D-foot setback of any of the grading operations from the property boundary. At the northeast corner of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 (horizontal:vertical) in the upper 25 to 30 feet and 3:1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope iailures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope iailures that would impact the building. Furthermore. based on our understanding oi the past mining operations at the site, there was a very steep excavation stope, reported by Coors to have been nearly )lertical, near the property boundary during mining EXHIBIT 6 Cabela's April 20 r 2005 Page 2 ----' operations. Subsequently, fill materials were placed by Coors against the steep excavated slope as part of initial reclamation activities. Both the turrent configuration ;:lnd the proposed configuration during the Cabela's grading are more stable slope configurations than existed during the mining activities. Please contact us if you have any questions or if we can be of further assistance. Sincerely, KUMAR & ASSOCIATES, INC. Alan F. Claybourn, P.E. AFC/mj cc: Project One Integrated Services, Attn- Mr Mike Palumbo Martin/Martin, Aun: Mr. Bill Willis book, file -/ <~ <:,i .)i J C.\C<<:~~~,\M.....y:.MyOc~o,M.,-;v'IotJ'llC'rutiffl4.l-.t)O{4i,.f,.lSCC Kumar & Associates, Inc. ~ I(+A KlImar &As$OClales, Inc. GecIocilnical ond MaleIials Ellgineers and Envi~ Scientists 2390 Soulh Lipan Street Denver, CO 80223 phone: (303) 142-9700 fax: (303) 142-9666 e-mail: klIdenver@kumarusa.com www.kumarusa.com =~'t.~",~~~:!..... ~ Office Locations: Denver, O:>I<lrlIdo Springs. Fort Collins, Colorado Braneh Office: Pueblo, Colorado April 20, 2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebrask.a 69160 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabela's Site, Near 1-70 and Clear Creek, Wheat Ridge, Colorado Project No. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMG) dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope failure that could affect an off-site structure. In our previOUS letter, we explained that the slope stability factor of safety will be greater than 1,5 for llny potential slope failure surfaces extending off site. That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary. At the northeast corner of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1 5 1 (horizontal:verticaH in the upper 25 to 30 feet and 3.1 in the lower 15 to 20 feet. Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building, The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope failures that would impact the building, Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly )lertica!, near the property boundary during mining EXHIBIT 6 Cabela's April 20, 2005 Page 2 ------ operations. Subsequently, fill materials were placed by Coors against the steep excavated slope as part of initial reclamation activities. Both the curtent configuration and the proposed configuration during the Cabela's grading are more stable slope configurations than existed during the mining activities. Please contact us if you have any questions or if we can be of further assistance Sincerely, AFC/mj cc: Project One Integrated Services, Attn: Mr. Mike Palumbo Martin/Martin, Attn: Mr, Bill Willis book, file KUMAR & ASSOCIATES, INC. Alan F. Claybourn, P.E. ...../ .-/ '.',~"," IIttCl ~;imo4;~Mara~ [')e,",,",~\M...tv'IfJJlletlFJ>Q4.1 ,f.\)O{4j,a(C./JDt Kumar & Associates, Inc. I(+A IWllIllI' &f<s~,IIl1:. GeoteOOlilcaland fv!.atefials Engineers and tnv1ror.ll'.eIltll ScientislS 2390 Soulh Lipan Strect Denver, CO 80223 phone: (303) 742-9700 fax: P03} 742-9666 c-mail: kadenver@kumarusa.com www.kumarusa.com Office Locations: Denver, CQlQrado Springs, fort Ct>!Iins, Colt>rado Branch Office: Pueblo, Colorado April 20, 2005 Mr, Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 69160 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabela's Site, Near 1-70 and Clear Creek. Wheat Ridge, Colorado Project N<l. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMGl dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center. As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope failuce that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety will be greater than 1.6 for any potential slope failure surfaces extending off site. That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary. At the northeast comer of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 ihorizontal:vertical) in the upper 25 to 30 feet and 3 1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property boundary. We have performed an analysis indicllting that the slope stability factor of safety will exceed 1.5 for any potential slope failures that would impact the building_ Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly :vertical, near the property boundary during mining EXHIBIT 6 I(+A Ku"*&,~lm:. Gecte<:IlniCal and Malerials Engineers and Emil'Ofoll'.er~1 Scientisls 2390 South Lipan Street Denver, CO 80223 phone: (303) 742-9700 fax: (303) 742-9666 c-rnail: kadcnver@l<umarusa.com ...tww.k'1.lmarusa.com ~...._.. ".... . ...-r ~ Office Locations: Denver, Colurado Springs, Fort Collins, Colorado Brunch Office: Pueblo, Colorado April 20, 2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 69160 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building. Northeast Corner of Proposed Cabela's Site, Near 1-70 and Clear Creek, Wheat Ridge, Colorado Project No. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar &. Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMG} dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center. As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope failure that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety will be greater than 1.6 for any potential slope failure surfaces extending off site. That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary At the northeast comer of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 Ihorizontal:verticaH in the upper 25 to 30 feet and 3.1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located apprOXimately 60 to 65 feet north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope failures that would impact the building. Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly yertical, near the property boundary during mining EXHIBIT 6 Cabela's April 20, 2005 Page 2 operations,. Subsequently, fm materials were placed by Coors against the steep excavated slope as part of initial reclamation activities. Both the curtent configuration and the proposed configuration during the Cabela's grading are mOre stable slope configurations than existed during the mining activities. Please contact us if you have any questions or if we can be of further assistance Sincerely, AFC/mj ce. Project One Integrated Services, Attn: Mr Mike Palumbo Martin/Martin, Atto: Mr. Bill Willis book, file KUMAR & ASSOCIATES, INC. Alan F. Claybourn, P.E. 1 . C\O<<.\l<'n~ IIl'\lil $t.""'of~M.lY'.Mv Oc~\MartyIJtA.l'\lC't~s>{)4 1_.00'''''1 "IC,GIK Kumar & Associates. Inc. K+A ~ .=~' '~ Kutl1af &~ ln1:. Geotedinical and Maletials Engineers and tmiro.~.mental Stiantisls 2390 South Lipan Street D~"l1ver, CO 80223 phone: (303) 742-9700 fax: (303) 742-9666 e-mail: ka<knver@kumarusa.com www.kurnarusa.com Office LocatjOllS: Denv1:l'. Coltlrado Springs, Fort Collins, CoIOflldo Branch Office: Pueblo. Colorado April 20, 2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 691 60 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabela's Site, Near 1-70 and Clear Creek, Wheat Ridge, Colorado Project tw. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMGJ dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center. As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope failure that could affect an off-site structure. In OUr previous letter, we explained that the slope stability factor of safety will be greater than 1.5 for any potential slope failure surfaces extending off site. That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary. At the northeast corner of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 (horizontakvertical) in the upper 25 to 30 feet and 3 1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1 .5 for any potential slope failures that would impact the building. Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly )lertical, near the property boundary during mining EXHIBIT 6 Cabela's April 20, 2005 Page 2 operations. Subsequently, till materials were placed by Coors against the steep excavated slope as part ot initial reclamation activities. Both the Current configuration ",nct the proposed configlJration during the Cabela's grading pre more stable slope configurations than existed during the mining activities. Please contact us if you have any questions or if we can be of further assistance. Sincerely, KUMAR & ASSOCIATES. INC. Alan F Claybourn, P.E. AFC/mj cc: Project One Integrated Services, Attn: Mr Mike Palumbo Martin/Martin, Attn. Mr. Bill Willis book, file "SJ .~ C".~ 8t'<l;l S..,lmQiI,""aflv'.Mv Ooc~\MJSfly',Mj\leu,,$\04.1-oltll:'''''i.''IC-.dOr Kumar & Associates, Inc. I(+A Kum1lI' 8< As~, klt, Geolocl1nical aOO Malefials Engineers ana ErrrirordMntal Scientists 2390 South Lipan Street Denver. CO 80223 phonc;(303}742-9100 fax: (303) 742-9666 c-mail: kadenver@lmmatUsa.com WWW.kumaruS3.com ~=:~~ Office Locations: Den~. ColOrado Springs, Fort Collins, Colorado ar30ch Office: Pueblo. Colorado April 20, 2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 69160 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Cemer Building, Northeast Corner of Proposed Cabela's Site, Near 1-70 and Clear Creek, Wheat Ridge. Colorado Project No. 04~ 1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson COUl'lty's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMGl dated March 4. 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center. As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope failure that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety will be greater than 1.6 for any potential slope failure surfaces extending off site. That conclusion assumed that there would be a 30.toot setback of any of the grading operations from the property bClundary. At the northeast corner of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 (hofizontal:vertical) in the upper 25 to 30 feet and 3; 1 in the lower 15 to 20 feet Therefore, we ware requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property bClundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope failures that would impact the building. Furthermore. based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly )lertica!, near the property boundary during mining EXHIBIT 6 Cabela's April 20,2005 Page 2 operations. Subsequently, fill materials were placed by Coors against the steep excavated slope as part of initial reclamation activities Both the current configuration and the proposed configuration during the Cabel;;l's grading are more stable slope configurations than existed during the mining activities. Please cOntact us if you have any questions or if we can be of further assistance. Sincerely, AFC/mj cc. Project One Integrated Services, Attn: Mr Mike Palumbo Martin/Martin, AUn: Mr. Bill Willis book, file KUMAR & ASSOCIATES, INC. Alan F. Claybourn, P.E. i.i .'~ .'; C,'.~ iI"l;I $tI;smg*\Mar.v'J.4y C1e~\Mattv'Jo,.t.ri.lC'u.i>O:i ,.olJ)O{4i..JC doc Kumar & Associates, Inc. I(+A ~ ~ Kumar &&sociates, Int. Gec10Cllnical and Ma1efials Engineels and fnviror.nenlal Scienlisls 2390 South Lipan Street Denver. CO 80223 phone: (303) 742-9700 fax: (303) 742-96M c-mail:kadenver@kumarusa.com www.kumarusa.com Office LocatiOltS: Denver. Colorado Springs, Fort Collins. Colorado Branch Office: Pueblo, Colorado April 20,2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 69160 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabela's Site, Near 1-70 and Clear Creek, Wheat Ridge, Color<;ldo Project No. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMGl dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for aoy potential slope failure that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety will be greater than 1.5 for any potential slope failure surfaces extending oft site, That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary. At the northeast corner of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 (horizontal'vertical) in the upper 25 to 30 feet and 3:1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope failures that would impact the building. Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly yertical, near the property boundary during mining EXHIBIT 6 Cabela's April 20, 2005 Page 2 operations. Subsequently, fill materials were placed bY Coors against the steep excavated slope as part of initial reclamation activities. Both the current configuration and the proposed configuration during the Cabela's grading are more stable slope configurations than existed during the mining activities. Please contact us if you have any questions or if we can be of further assistance Sincerely, AFC/mj ee. Project One Integrated Services, Attn: Mr. Mike Palumbo Martin/Martin, Attn: Mr. Bill Willis book, file KUMAR & ASSOCIATES, INC. Alan F Claybourn, P.E. I ; '; .'i . i C,'O<<-~ /II'tl:l ~\M&r'lf'-Mv Dc~\Mvt""""Ji.len..P04.1",();j('i,"C till(. Kumar & Associates, Inc. K+A I<um8r & As~. Inc. Gect~ical.arn! "'.aledals Engineers and frrrilor.mental Sc~ntisls 2390 South llpan Street Denver, CO 80223 phone: (J03) 742-9700 fax: (303) 742-9666 e-mail: kadenver@kumarusa.com www.kumarusa.com ::~;~_.. ;:: OffICe Locations: Denver. Cplorado Springs, Fort Collins, Colorado Branch Office: Pueblo, Colorado April 20, 2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 69160 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabela's Site, Near 1-70 and Clear Creek, Wheat Ridge, Colorado Project No. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (OMGI dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures ;:IS a result of instability of excavated slopes. DMG requires that a slopa stability factor of safety of 1.5 be provided for any potential slope failure that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety will be greater than 1.5 for any potential slope failure surfaces extending off site. That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary. At the northeast corner of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 lhorizontal:vertical) in the upper 25 to 30 feet and 3: 1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope iailures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feat north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope iailures that would impact the building. Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly lIertical, near the property boundary during mining EXHIBIT 6 Cabala's April 20, 2005 Page 2 operations Subsequently, fill materials werE! placed by Coors against the steep excavated slope as part of initial reclamation activities. Both the current configuration ~nd the proposed configuration during the Cabel.a's grading are more stable slope configurations than existed during the mining activities. Please contact us if you have any questions or if we can be of further assistance. Sincerely, APC/mj cc Project One Integrated Services, Attn: Mr. Mike Palumbo Martin/Martin, Attn: Mr. Bill Willis book, file KUMAR & ASSOCIATES. INC Alan F. Claybourn, P.E. ''i .;1 c ,~~.. 1InO~~\"'~y'~ r'llt~\M.,,,,,,,.,t)\lett.e<~4.t_"():Y.4;,.1c:-6/K Kumar & Associates, Inc. I(+A KIll'll$r & Associatll$,IIlt. Geoledlnical am! "'.alecia/s Engineers and frrrilor.mental Scientists 2390 South Lipan Street DL-nver, CO 80223 phone; (303) 742-9700 fax: (303) 742-9666 c-mall: kadenver@kumarusa.com www.kumarusa.com ~ ~ Office Locati\llls: Denver, C!3iorado Springs, Fort COllins, Colorado Branch Office: Pueblo, Colorado April 20, 2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 69160 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabala's Site, Near 1-70 and Clear Creek, Wheat Ridge, Colorado Project No. 04-1-400 Dear Mr. Lococo' This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMGI dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not speCifically address the Table Mountain Animal Center As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential tor mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope failure that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety will be greater than 1,6 for any potential slope failure surfaces extending off site. That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary. At the northeast corner of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 {horizontal:verticall in the upper 25 to 30 feet and 3: 1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope failures that would impact the building. Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly yertical, near the property boundary during mining EXHIBIT 6 Cabela's April 20, 2005 Page 2 operations. Subsequently, till materials were placed by Coors <;lgainst the steep excavated slope as part of initial reclamation activities Both the current configuration i:lnd the proposed configuration during the Cabela's grading are more stable slope configurations than existed during the mining activities. Please contact us if you have any questions or if we can be of further assistance Sincerely, AFC/mj ec; Project One Integrated Services, Attn: Mr. Mike Palumbo Martin/Martin, Attn: Mr. Bill Willis book, file KUMAR & ASSOCIATES, INC. Alan F. Claybourn, P.E. ;;~ ^'~ 't '~ c "~ 1ttCt~'.""~~'J.iv Oo~\Maf;v\Mj\lC'ttlI<5\04.I-"'W";,.k dDc. Kumar & Associates, Inc. K+A =:2'~~ ::;. ~ I<um8r &As~ Inc. Geotedmical am! Materials Engineers and frrrilor.menlal Sti&llisls 2390 South Lipan Street Denver, CO 80223 phone: (303) 742-97QO fax: (303) 742.9666 c.mail: kadenver@kumarusa.com www.lwmarusa.com Offiee Locations: Denver, Colorado Springs. Fort Collins, Colorado Branch Office: Pueblo, Colorado April 20, 2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 69160 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building, Northeast Corner of Proposed Cabela's Site, Near 1.70 and Clear Creek, Wheat Ridge, Colorado Project No. 04-1-400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf of Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMGl dated March 4, 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope failure that could affect an off.site structure. In our previOUS letter, we explained that the slope stability factor of safety wilt be greater than 1.6 for any potential slope failure surfaces extending off site. That conclusion assumed that there would be a 30.foot setback of any of the grading operations from the property boundary. At the northeast corner of the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet of the property line. The proposed slopes will be approximately 1.5 1 (horizontal:vertical) in the upper 25 to 30 feet and 3'1 in the lower 15 to 20 feet Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope failures that would impact the building. Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly yertical, near the property boundary during mining EXHIBIT 6 Cabela's April 20, 2005 Page 2 operations. Subsequently, nil materials Were placed by Coors against the steep excavated slope as part of initial reclamation activities. Both the current configuration and the proposed configuration during the Cabela's grading are more stable slope configurations than existed during the mining activities. Please contact us if you have any questions or if we can be of further assistance Sincerely, AFC/mj ce' Project One Integrated Services, Attn: Mr. Mike Palumbo Martin/Martin, Attn: Mr. Bill Willis book, file KUMAR & ASSOCIATES. INC. Alan F Claybourn, P.E. ~ .'~ C.'.~.-.nu ~ Sf;~incIfI\"'III'1V'.Mv Oc~\M&r;'i,M,J\let<<l'i>04.'-4.'()O{41_&tC,Got. Kumar & Associates. Inc. K+A I<um8r &~,Inc. Gwt~ical and Matefials Engineers and tmiroMlet1tal Scientists 2390 South Lipan Street Denver, CO 80223 phonc: (303) 742-9700 fax: (303) 742-9666 e-mail: kadenver@kumarusa.com WWw.k.UmMUsa.com :~.:::. .~ OfflCc Locations: Denver, Colorado Springs, Fort Collins, Colorado Branch Office; Pueblo, Colorado April 20, 2005 Mr. Brett Lococo Cabela's One Cabela Drive Sidney, Nebraska 691 60 Subject: Potential for Adverse Effects of Proposed Cabela's Site Grading Activities on Table Mountain Animal Center Building. Northeast Corner of Proposed Cabela's Site, Near I- 70 and Clear Creek. Wheat Ridge, Colorado Project No. 04~1~400 Dear Mr. Lococo: This letter presents the results of Kumar & Associates' evaluation of the potential for proposed grading activities associated with the Cabela's site development to adversely effect the stability of Jefferson County's Table Mountain Animal Center building located just north of the northeast corner of the site. We previously conducted a geotechnical engineering evaluation on behalf ot Cabela's presented in a letter to the Colorado Division of Minerals and Geology (DMGl dated March 4. 2005, which generally addressed this topic around the site perimeter, but did not specifically address the Table Mountain Animal Center As explained in our previous letter, DMG rules and regulations require all 110 permit applicants to examine the potential for mining excavations to potentially damage nearby structures as a result of instability of excavated slopes. DMG requires that a slope stability factor of safety of 1.5 be provided for any potential slope tailure that could affect an off-site structure. In our previous letter, we explained that the slope stability factor of safety will be greater than 1,5 for Imy potential slope tailure surfaces extending off site. That conclusion assumed that there would be a 30-foot setback of any of the grading operations from the property boundary At the northeast corner ot the site, due to the proximity of the proposed Cabela's building pad to that site corner, it is desired to excavate temporary slopes to within about 5 feet ot the property line. The proposed slopes will be approximately 1 5 1 (horizontal:verticaj) in the upper 25 to 30 feet and 3; 1 in the lower 15 to 20 teet Therefore, we were requested to reevaluate the potential for slope failures to impact the Table Mountain Animal Center building. The Table Mountain Animal Center building is located approximately 60 to 65 feet north of the property boundary. We have performed an analysis indicating that the slope stability factor of safety will exceed 1.5 for any potential slope failures that would impact the building, Furthermore, based on our understanding of the past mining operations at the site, there was a very steep excavation slope, reported by Coors to have been nearly yertical, near the property boundary during mining EXHIBIT 6 ------~--- I'-~- - - ~ i ' , , " ' , ' \: v" . \ -~~ ~. .i-\..q> .' -'\ , 1.._ , " " '~ ; ') ~ / \...' i , , J '1 \ i , t " , , " T'- - ~. '-' vt.- o!~.... '- L ~.'... '-- { '-- f " ~ / - ....... -r'" .~ r .:- r '.( i f( ~\ t ~~-1~; C, \;, ~ \CJ~ ~LDS- \ '" - r) a ^y~, rv^-~ ~ ~ 1 :J It :) r- l ~. ._~__-J.. __._,iL. .. '" -' " i - -~~~....' __ ,~i ._-"""'1-4 ...~,r:.. -J '..~ --- t-- ,; -'i-r 1.' . , ir v.... '- '- ,/ ~ /' /' ! ""_/l, , - r" ..... ~-C...c._,.-~ ~~_-( ~-...+ \...._,...- -'~ ----.---- --...., Ii,- {. -,fL I ~( ~._ ./ '; )! { -....t.. J -' , -/ l:.c..- ~ ,. (... / , l'1:, -', ._..v......-} - ~ \ , H,1c":i"';~ )\ ~~~ ", <::."..... "--'" ~"\ -- - ./ " / A""D~(~"{':>A.... C-O~'t;>, TTOL...::> ,J..:)O. 9' -r H e=;. "-'11-::>6<- t -r-c::~1 { z:: G t::> { $$(,..?~S ?C$~ //--' 7#'::::' h G r-n:;;'u:::. D~7c;:Dl::> {vtA'f ~ f'J~AI"":; ) ~~s c=e o.ti'l ~A-~~ 7: c cS d 4i:Fr--~O.,L/ ~'-"'L...::> 7 ':> 5##4,t;...~ i3 EO; AI>l;>.r.s~,;;~ r= 7?-i e >A.-r;-r$FA- ~7:7C>~ 06'= 77~ \J"Jhl! Ie ('\ l \ ( 1>,~~~ otP e~Ht('p.L9ry '1>.s5V'~~~ l _ -!"" _teV1'1 ~.:.----- , ~'- ..~ -\.. .. ~"" ~ 1 ~ ~ \~. - ~ _..-'J "" -, ~, / ~ i) lqa.\lh~~ i I, +C \..0'. '\ I' .., '. "-1-- - I "'I.~"~.. ~ '~~-""...~~r .r~ t' ,...- '" ,,-i ~__ \.. . -'"j...........t "- " -, f '....)_i_'.'" 'A, I V ., 1 d \.,,:! -r,"-,::-.' trV1.:i..""- t t" ':;:""_,-_Jl ~'4....~__ !,^~~~-p'- ...- '. .~ ,-- ~ I \, ' -~.::;:~ . - ,'" ':1' (. t' " ., ..-. I -, I -"\, '\,., ,__V, t'-lov~ ~~ ~ ~-r , .' J 1... - '-- , ~ " ~ \/1 i itl ~:\'C ~- 1~(- . '.~ r _, ,,~- \. ,..z:.. " if"IS"",t v ---~----- ,. - " ~,. .' \'1 ~y . ... ,.......... ~ \ , , . , , , CITY OF WHEAT RIDGE PUBLIC BEARIBG ROSTER AGENDA I'l'EM BO. 3. PUBLIC BEARIBG BEFORE 'l'HE WHEAT RIDGE CITY COUNCIL CASE BO. SUP-OS-04 COUNCIL BILL BO. TITLE: PUBLIC HEARING ON A REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE. (Case No SUP-05-04/Cabela's and Coors) YOUR NAME AND ADDRESS CHECK IB FAVOR OPPOSED v ~ <:.---- IF YOU HEED MORE ROOM PLEASE SIGH OR BACK OF PAGE I CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.3. PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. SUP-05-04 COUNCIL BILL NO. TITLE: PUBLIC HEARING ON A REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE. (Case No SUP-05-04/Cabela's and Coors) PhEASE PRIR'l' YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE! CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.3. PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. SUP-OS-04 COUNCIL BILL NO. TITLE: PUBLIC HEARING ON A REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE. (Case No SUP-05-04/Cabela's and Coors) PLEASE PRINT YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE! CITY OF WHEAT RIDGE PUBLIC HEARING ROSTER AGENDA ITEM NO.3. PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. SUP-05-04 COUNCIL BILL NO. TITLE: PUBLIC HEARING ON A REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE. (Case No SUP-05-04/Cabela's and Coors) PLEASE PRINT YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE! CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.3. PUBLIC HEARING BEFORE THE WHEAT RIDGE CI'rY COUNCIL CASE NO. SUP-OS-04 COUNCIL BILL NO. TITLE: PUBLIC HEARING ON A REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE (Case No SUP-05-04/Cabela's and Coors) PLEASEPRIR'l' YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGE! CITIZENS' RIGHT TO SPEAK DATE: May 9, 2005 ANY PERSON MAY SPEAK ON MATTERS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, Al>DRESS, AND TOPI'COF COMMENT. J NAME ADDRESS TOPIC ...:.:.c ,.,. ~'~~#'i4'JJ~l "j~,,,,, '~U If. rl"- ; .., ': ,,_' .,' ~, . ,,~ , ' ,t.', ' ,.c. " f:\ , ,;;',;?.. , L/C7~'7'<;: , -- CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'rY COUNCIL CASE NO. WCA-OS-Ol COUNCIL BILL NO. 05-2005 TITLE: COUNCIL BILL 05-2005 AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT (Case No WCA-05-01) YOUR !!lAME AND ADDRESS CHECK IN FAVOR OPPOSED - IF YOU IilEED MORE ROOM PLEASE SIGN ON BACK OF PAGE I ~__rMDJlfJmB " ',.... CITY OF WHEAT RIDGE, COLORADO Mav 9. 2005 Mayor Cerveny called ttJ.e Regular City-Council MeE;ltit'lg to order at 7 00 P m Councilmembers present: Kar~ Adams, Karen...2errY.' Jerry DiTulli6, 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 APPROV AL OF MINUTES OF April 25. 2005 '- Motion by Mr DiTullio for the approval of the Minutes of April 25, 2005, seconded by 1. \. carried i , PROCLAMATIONS AND CEREMONIES Colorado Auto Theft Investigators (CATI) Awards to Officer Kevin Koback and Officer / David Piermattei / Proclamation for Mental Health Month - May 2005 I AlS Awareness Month - May 2005 , . f' CITIZENS' RIGHT TO SPEAK ;. : ! . APPROVAL OF AGENDA Item 1. Consent Agenda: A. Approve Award of ITB-05-06 2005 Overlay Project in an amount not to exceed $586,479 85 (including contingency) B. RESOLUTION 23-2005 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 32ND AVENUE BETWEEN MORNINGSIDE DRIVE AND SIMMS/SWADLEY STREET CITY COUNCIL MINUTES May 9, 2005 Page -2- ~~~ ~i ,,\ \ ~<---~ C RESOLUTION 24-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $6,279.25 FOR EMERGENCY RESPONSE ENVIRONMENTAL CLEAN-UP SERVICES D RESOLUTION 25-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,000 00 FOR LEGISLATIVE SERVICES E Approval of Payment to CIRSA for deductible portion of claims paid by .. CIRSA for March property casualty in the amount of $29,51764 0Allocation of $40,000 from the 2005 Capital Improvement Budget to the 38th Avenue Business District. ~f-./..... . .~ j ; l eaD"d 'reMby -~. \\ _i'..';:>' Item~ . ....... removed from the consent agenda .. \ , -~.> ..r~ l' , .... - , r I r ~ ' Motion by seconded by carried for approval of the Consent Agenda Items T '1 \. "\ !-... '!' 1 1 ~ C i. ~. ! l' ~ PUBLIC HEARINGS AND ORDINANCES ON SECOND READING v." ~i. Item 2. COUNCIL BILL 05-2005 AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT (Case No WCA-05-01) Council Bill 05-2005 was introduced on second reading by Mr DiTullio City Clerk Pam Anderson assigned Ordinance No \ 3.~\ - Motion by Mr DiTullio to approve Council Bill 05-2005 (Ordinance No i -, .J) on second reading and that it take effect 15 days after final publication, seconded by carried CITY COUNCIL MINUTES May 9, 2005 Page -3- Item 3. PUBLIC HEARING ON A REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE. (Case No SUP-05-04/Cabela's and Coors) Item 3 was introduced by ~jk, S Td-<.' J , . \ Motion by to approve Case No SUP-05-04 with the following findings 1 The request 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 2 The request will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use 3 The request will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution 4 The request 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 5. The request is appropriately designed to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 6 Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services 7 The applicants have complied with the conditions of approval of the previous SUP 8 The applicants have demonstrated the ability to continuously meet the conditions of approval With the following conditions 1 The applicants shall adhere to the performance standards as listed in Section 26- 623 C 2 of the Zoning and Development Code, with the following exceptions a. Hours of operation shall be limited to 7'00 a.m to 9'00 pm, Monday through Saturday, except for April 15 to May 15, where work will be allowed on Sundays b For areas within 200 feet of residential properties, the hours of operation shall be limited to 7 00 a.m to 7 00 P m c Fencing at a height of 48 inches shall be permitted CITY COUNCIL MINUTES May 9,2005 Page -4- d The 30-foot setback shall not apply to the west, north, and east property lines of the previously approved area and to all property lines of the added area The 30-foot setback shall remain a requirement along the south property line of the previously approved area 2 The community notification process established for questions and complaints regarding the operation shall continue to be maintained 3 There shall be no explosive devices used for the demolition or excavation of material. 4' $ The applicants shall comply with the conditions of state permits regarding water and air quality, and mining and reclamation 6 The applicants shall continue to implement the City-approved noise abatement plan ., All access to the site shall be from Mcintyre Street. ~ 8 The grant of use shall be to the applicants and may not be inherited . 9 Violations of any of the above conditions may be grounds for revocation of the special use permit; seconded by carried , \' CITY COUNCIL MINUTES May 9, 2005 Page -6- ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 08-2005 AN ORDINANCE AMENDING SECTION 16- 127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SALE OF ALCOHOL TO MINORS Council Bill 08-2005 was introduced on first reading by Motion by \ -" to approve Council Bill 08-2005 on first reading, order it published, public hearing set for Monday, June 13, 2005 at 7'00 p m in the City Council Chambers, and that it take effect -15 days:afteFfiAat-~blieatioo, seconded by I ~~~ ~. Item 5. COUNCIL BILL 09-2005 AN ORDINANCE AMENDING SECTION 16- 103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE Council Bill 09-2005 was introduced on first reading by I, " Motion by to approve Council Bill 09-2005 on first reading, order it published, public hearing set for Monday, June 13, 2005 at 7 00 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by t-I carried CITY MANAGER'S MATTERS , \' I MOVE TO GO INTO EXECUTIVE SESSION: For a personnel matter under Charter Section 5 7(2) and Section 24-6-402(4)(F), C R.S , specifically' performance evaluation of the City Manager Ive seL on X return to the open meeting at the close of the executive session for the purpose of taking any formal action deemed necessary L-' 7'" 1"-..1'" \' - ~-'0 " r' c~~ ~" " '\. "--' -/ ) ~ ,~, :l\; ~ 'y J ':j J v ~Y ~ \ \j'...... f~~. ' ~ ') ,~<:::..::" , L"" Iv". vJ .' , ~ , \v \J I - ~ ~ " , , v ~ ,~ ~ \. IJ >;.. \ '1 ~ , 'v ,-.> '\ '0' (',~ , . ,,\.. \~ \ . I ....., \, ". WRCA 001 "J.. \ ,\..J <J '-, . ^', CITY COUNCIL MINUTES May 9, 2005 Page -7- CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS \ t 'II, ~ , ,[ :.-- Meeting adjourned at p m -" < t ..{.. - ," " Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON MAY 23,2005 BY A VOTE OF to <,' ~. ,i , I' {' I Lena Rotola, Council President The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i.e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. [ , I ,- , I . : ,. ,'" , . ! '. '. , n ,\ \, i Gt - \