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HomeMy WebLinkAbout06/27/2005 6:30 p.m. Pre-Meeting ~\~ :d~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 27, 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF June 13, 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. RESOLUTION 29-2005 - A RESOLUTION IMPLEMENTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM FOR THE CITY OF WHEAT RIDGE, COLORADO B RESOLUTION 30-2005 - A RESOLUTION AUTHORIZING TEN (10) ADDITIONAL POLICE DEPARTMENT PERSONNEL AS APPROVED BY THE VOTERS OF THE CITY OF WHEAT RIDGE AND AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFELCT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $92,877 TO HIRE THREE (3) OF THE TEN (10) POLICE DEPARTMENT PERSONNEL, AND $108,000 TO PURCHASE THREE (3) ADDITIONAL POLICE VEHICLES C RESOLUTION 31-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT THE ACCEPTANCE OF FUNDS FROM THE WHEAT RIDGE ARTS COUNCIL IN THE AMOUNT OF $2,20960 FOR THE PURPOSE OF LIGHTING THE BRONZE STATUE LOCATED AT THE WHEAT RIDGE RECREATION CENTER. CITY COUNCIL AGENDA. June 27, 2005 Page -2- o RESOLUTION 32-2005 - A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GREAT OUTDOORS COLORADO (GO CO) TO ACCEPT A GRANT IN THE AMOUNT OF $50,000 FOR PHASE III OF THE RECONSTRUCTION OF CLEAR CREEK TRAIL. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Item 3. COUNCIL BILL 25-2004 - AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY, SETTING SERVICE CHARGES RELATED THERETO, AND PROVIDING FOR THE MANAGEMENT THEREOF, INCLUDING USE OF REVENUES, ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT Public Meeting on 2006 Budget. ORDINANCES ON FIRST READING Item 4. Item 5. COUNCIL BILL 11-2005 -AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM A-1 , AGRICULTURE-ONE AND C-1, COMMERCIAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 4900 AND 4990 PARFET STREET (Case No WZ-05-05) (Michael G Pharo associates for Bear Land Holdings) COUNCIL BILL 12-2995 - AN ORDINANCE AMENDING SECTION 26- 204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES DECISIONS, RESOLUTIONS, AND MOTIONS CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT -~UDJmIS CITY OF WHEAT RIDGE, COLORADO June 27.2005 \cs~ 0' -. Mayor Cerveny called t~ Regular C). Council Me~g to order 9i-'7'00 p m <;PtJncilmemb~ present: Kar~ AdamS', Kare~rry~erry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schult,' 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 June 13. 2005 Motion by Mr DiTullio for the approval of the Minutes of June 13, 2005, seconded by ~j.\O-,/, carried 7"-{)' - - () CITIZENS' RIGHT TO SPEAK ~[M,i~ ~ Prr :ftdCtbi-n~ @ ()J t2 F1 r-e D )'s tn --c.{- . ~~ c.b &lA.r f' r~~f r;~(H)~ ~ ~~ C~1t of {,-vt(. - ~-c-<' Voi-&wtV"- : ('WJ ~ r~ fu\AAI'I.:J; 'l' - ~~ Lo-c~: 'iif~ ~~i IN~ ~ ISb~ ~I~~ $7 ~~. ~HvvJC~:. ~ - CI~SA MilhW v~-r-L~ ~~ ~ - CYtL ~ Clyi~ ~~ f~ ~. APPROVAL OF AGENDA w- ~.V\. +~ CITY COUNCIL MINUTES June 27, 2005 Item 1. Consent Aaenda: Page -2- A. RESOLUTION 29-2005 - A RESOLUTION IMPLEMENTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM FOR THE CITY OF WHEAT RIDGE, COLORADO B RESOLUTION 30-2005 - A RESOLUTION AUTHORIZING TEN (10) ADDITIONAL POLICE DEPARTMENT PERSONNEL AS APPROVED BY THE VOTERS OF THE CITY OF WHEAT RIDGE AND AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFELCT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $92,877 TO HIRE THREE (3) OF THE TEN (10) POLICE DEPARTMENT PERSONNEL, AND $108,000 TO PURCHASE THREE (3) ADDITIONAL POLICE VEHICLES C RESOLUTION 31-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT THE ACCEPTANCE OF FUNDS FROM THE WHEAT RIDGE ARTS COUNCIL IN THE AMOUNT OF $2,209 60 FOR THE PURPOSE OF LIGHTING THE BRONZE STATUE LOCATED AT THE WHEAT RIDGE RECREATION CENTER. D RESOLUTION 32-2005 - A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GREAT OUTDOORS COLORADO (GOCO) TO ACCEPT A GRANT IN THE AMOUNT OF $50,000 FOR PHASE III OF THE RECONSTRUCTION OF CLEAR CREEK TRAIL. Consent Agenda was introduced and read by ~. ~~ Motion by ~ for approval of the Consent Agenda, seconded by p,1;:ll j 0 carried 1-'6, \'1r. ~ ~ler ~ CITY COUNCIL MINUTES June 27,2005 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING COUNCIL BILL 25-2004 - AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY, SETTING SERVICE CHARGES RELATED THERETO, AND PROVIDING FOR THE MANAGEMENT THEREOF, INCLUDING USE OF REVENUES, ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT t-!,(4/OY C~ ~~ ~Ft. \.!.ljw,v.x.. COUhcil Bill 25-2604 was introduced on second readingoy Mrs Sang l)~ -it:. (5 <{ (I Motion by Mrs Sang to postpone indefinitely Council Bill~5- 04 for the following reasons t?tW'J \ Seconded by 1I1Tt&L-cr carried 1---0 -- { o-t...,\erwLl ~ ~~~ s-,\v..e; ~ ' ~ fs~ dAd \J.j)i- k- it (I - ~r ~ . - ~L/qS- ~%- :Pv)'~. ~ f~ ~\lw- ~ ~.t 1: ~L( f"'- -fuhj_ ~ ~~~J I lAALtMJ . Item 2. &-t0fiuW- ~ ~vi ! ~ov ~ cUMd V'vl5\A..e- CITY COUNCIL MINUTES June 27,2005 Page -4- Item 3. Public Meeting on 2006 Budget. Mayor Cerveny opened the public hearing on the 2006 Budget for public comment. I/U) r ~, CITY COUNCIL MINUTES June 27, 2005 Page -5- ORDINANCES ON FIRST READING COUNCIL BILL 11-2005 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM A-1 , AGRICULTURE-ONE AND C-1, COMMERCIAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 4900 AND 4990 PARFET STREET. (Case No WZ-05-05) (Michael G Pharo associates for Bear Land Holdings) Council Bill 11-2005 was introduced on first reading by vt.,v. ~ Motion by H,;I'. ~ to approve Council Bill 11-2005 on first reading, order it published, public hearing set for Monday, July 25, 2005 at 7'00 p m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by ~~ carried 8' r" 0 . Item 4. COUNCIL BILL 12-2005 - AN ORDINANCE AMENDING SECTION 26- 204 AND SECTION 26-501 C 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES Council Bill 12-2005 was introduced on first reading by f-i\;v. ~/ Motion by 1-1A.-. ~ to approve Council Bill 12-2005 on first reading, order it published, public hearing set for Monday, July 11, 2005 at 7 00 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by ~ carried ~ ~ 0 . . Item 5. CITY MANAGER'S MATTERS Ofw~ CITY ATTORNEY'S MATTERS 1"1? ~ I'\A;< -( 'L tc/}' pIA- ~!471",,^-. M of16)1t..- 6)(( C.IA h'....e- S'<l.~b'/6Vt.-- ELECTED OFFICIALS' MATTERS Mbf,IN\ ~ ~ ~ )0 \,^--M -{xtw.-~ ~~ / ~ ?-/O. I MOVE TO GO INTO EXECUTIVE SESSION: For a conference with the City Attorney under Charter Section 5 7(b)(1) and Section 24- 6-402(4)(B), C R.S ,specifically' concerning threatened litigation I further move to X adjourn the Council meeting at the conclusion of the executive session _ return to the open meeting at the close of the executive session for the purpose of taking any formal action deemed necessary WRCA 009 CITY COUNCIL MINUTES June 27,2005 Page -6- 11> U~vU Meeting adjourned C5t p m ~l"; ~ 7 : <{l- Pamela Y. Anderson, City Clerk APPROVED BY CITY COUNCIL ON JULY 11, 2005 BY A VOTE OF to Lena Rotola, Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. @~w @@M~@~[b 1~~ruJlJ~~ CITY OF WHEAT RIDGE, COLORADO June 13, 2005 Mayor pro tem Schulz called the Regular City Council Meeting to order at 7 00 P m Councilmembers present Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang and Mike Stites Mayor Cerveny was out of town Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, Deputy City Manager Patrick Goff; City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, Director of Parks and Recreation, Joyce Manwaring, staff; and interested citizens APPROVAL OF MINUTES OF Mav 23. 2005 and Mav 27, 2005 Motion by Mr DiTullio for the approval of the Minutes of May 23, 2005 and May 27, 2005, seconded by Mrs Sang, carried 8-0 CITIZENS' RIGHT TO SPEAK City Clerk Pam Anderson read a Press Release from the Police Department warning residents of attempted fraud A man, pretending to represent the City, tried to convince a resident that she was required to replace her rock with pavement. The City has no such program Please call 911 if anybody attempts to contact you and tries this scam Pam Anderson read a letter from George Langdon into the record, which asks Council to consider banning pit bulls in Wheat Ridge APPROVAL OF AGENDA Motion by Mrs Adams for approval of the Agenda, seconded by Mrs Rotola, carried 8-0 Item 1. Consent A~enda: A. 2005 SCHEDULED FLEET REPLACEMENT PURCHASE OF ONE TANDEM DUMP TRUCK & CHASSIS, DUMP BODY, PLOW PACKAGE, LIGHTING & HYDRAULICS, TWO COMBINATION SPREADER/SPRAYER DE-ICER UNITS & ONE "V"-BOX BROADCAST SPREADER UNIT B ACCEPTANCE OF A WARRANTY DEED FOR PARCEL AT 6761 WEST 37TH PLACE. CITY COUNCIL MINUTES: June 13, 2005 Page -2- C APPROVAL FOR THE USE OF BANNERS FOR THE 36TH ANNUAL CARNATION FESTIVAL AND PARADE. D MOTION TO APPROVE AWARD OF RFQ-05-12 GIS MASTER PLAN/DATUM CONVERSION TO NOLTE ASSOCIATES IN AN AMOUNT NOT TO EXCEED $24,05000 AND FARNSWORTH GROUP IN AN AMOUNT NOT TO EXCEED $24,500 00. Consent Agenda was introduced and read by Mr DiTullio Motion by Mr DiTullio for approval of the Consent Agenda, seconded by Mrs Sang, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. APPROVAL FOR THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING Item 2 was introduced on second reading by Mrs Rotola. Motion by Mrs Rotola to reallocate 2004-2005 Community Development Block Grant funds in the amount of $10,935 to Phase I of the street and pedestrian improvements project for the area bounded by 46th Avenue and 1-70, Estes through Carr Streets, seconded by Mr DiTullio, carried 8-0 Item 3. COUNCIL BILL 08-2005 AN ORDINANCE AMENDING SECTION 16- 127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SALE OF ALCOHOL TO MINORS Council Bill 08-2005 was introduced on second reading by Ms Berry City Clerk Pam Anderson assigned Ordinance No 1343 City Attorney Jerry Dahl explained that this Ordinance brings our Code in conformance with State Statutes on this subject. Motion by Ms Berry to approve Council Bill No 08-2005 on second reading and that it take effect immediately upon adoption with the following amendment: Section 16- 127(e) shall be changed to read "It shall be unlawful to sell, serve, ", seconded by Mrs Adams, carried 8-0 CITY COUNCIL MINUTES: June 13, 2005 Page -3- Item 4. COUNCIL BILL 09-2005 AN ORDINANCE REPEALING AND REENACTING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND DISTURBING THE PEACE. Council Bill 09-2005 was introduced on second reading by Mrs Sang City Clerk Pam Anderson assigned Ordinance No 1346. Chief Brennan presented the staff report. City Attorney Jerry Dahl gave an additional report regarding a red-lined version of the Ordinance Motion by Mrs Sang to approve Council Bill 09-2005 on second reading with the following changes Section 16-103 (1) now read "Any noise or sound which is audible twenty-five (25) or more feet from a mobile noise or sound source Section (3) now read "Any noise, sound source or any person or group of persons engaged in loud and continuing activities which are audible twenty-five (25) or more feet from the noise source or at the property line of the property upon which the noise source is located or upon which such activities are taking place, continuing for a minimum of fifteen (15) minutes" That a Section (C) be added to read "Any activity or noise source conducted or caused by an activity conducted, sponsored or approved by the City shall be exempt from the requirements of this section." and that it take effect immediately; seconded by Mrs Rotola, carried 8-0 Item 5. COUNCIL BILL 10-2005 AN ORDINANCE ADOPTING MANDATORY MINIMUM PENALTIES FOR VIOLATING THE VEHICLE INSURANCE PROVISIONS OF THE MODEL TRAFFIC CODE, AS ADOPTED BY THE CITY, AND AUTHORIZING THE RETENTION OF FIFTY PERCENT OF SUCH COLLECTED PENALTIES AS AUTHORIZED BY LAW Council Bill 10-2005 was introduced on second reading by Mr Gokey City Clerk Pam Anderson assigned Ordinance No 1347 Chief Brennan presented the staff report. Motion by Mr Gokey to approve Council Bill 10-2005 on second reading, and that it take effect 15 days after final publication, seconded by Mrs Sang, carried 8-0 CITY COUNCIL MINUTES: June 13, 2005 Page 4- DECISIONS, RESOLUITONS AND MOTIONS Item 6. RESOLUTION 28-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET FOR THE PURCHASE OF BROADCAST AUTOMATION AND CONTROL SYSTEM, AND EQUIPMENT FOR OPERATION OF THE GOVERNMENT ACCESS CHANNELS Resolution 28-2005 was introduced by Mrs Adams City Clerk Pam Anderson read the executive summary. Motion by Mrs Adams to award RFP-05-02 Broadcast Automation and Control Upgrade to 5280 Digital in the total amount of $67,78800, and to approve a ten percent contingency in the total amount of $6,77900 for this project. I move to approve the proposal by 5280 Digital for the relocation of the video control and monitor station in the total amount of $3,675 00 I also move to approve a ten percent contingency in the amount of $367 00 I move to approve the proposal by 5280 Digital for the computer presentation display system in the total amount of $17,29500 and also move to approve a ten percent contingency in the amount of $1 ,73000 I move to approve Resolution No 28-2005 amending the fiscal year 2005 budget for the purchase and installation of broadcast automation and control upgrades as approved by Council, seconded by Mrs Rotola and Mrs Sang, carried 8-0 Barbara Delgadillo explained that the funding for this project comes from the PEG fees collected through the COMCAST billing system PEG stands for Public Education Government Channels The fee collected can only be used for equipment, maintaining and operating the Channel 8 and Channel 22 systems Item 7. RATIFICATION OF MAYORAL APPOINTMENT TO THE HOUSING AUTHORITY Motion by Mr DiTullio to ratify the appointment of Janice Thompson to the Wheat Ridge Housing Authority; term ending March 2,2008, seconded by Mr Stites, carried 8-0 CITY COUNCil MINUTES: June 13, 2005 Page -5- ELECTED OFFICIALS' MATTERS Mayor pro tem Schulz and Councilmembers thanked everybody who attended the town meeting on June 6 Mr Gokey asked staff to look into the status of the Baugh House and report back to Council Meeting adjourned at 7 45 P m ,- , .?\ )\ I,' iJv!] ( [rA. (y^ --- Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON JUNE 27, 2005 BY A VOTE OF to Lena Rotola, Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions ~ ~ ITEM NO: I, AI REQUEST FOR CITY COUNCIL ACTION <~~ [, ". "' n II [~ COUNCIL MEETING DATE: June 27, 2005 TITLE: RESOLUTION 29-2005 - A RESOLUTION IMPLEMENTING THE NA TIONAL INCIDENT MANAGEMENT SYSTEM FOR THE CITY OF WHEAT RIDGE. D PUBUC HEARING D BIDS/MOTIONS [8J RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes [8J No fl~f&Nu.{ Police Cliief City~~ EXECUTIVE SUMMARY: In response to the terrorist attacks on 9/11/200 1, the Homeland Secunty Presidential Directive (HSPD) #5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management Plan (NIMS) This would provide a consistent nationwide approach at all levels of government to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic inCidents, regardless of cause, size or complexity. NIMS provides a system that allows the City to respond to and manage an mcident internally and in conjunction with other jurisdictions in a seamless fashion. NIMS is intended to enhance the City's readiness, maintain first responder safety and streamline incident management processes. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: The City must be NIMS compliant by the end of 2005 if Department of Homeland Security funds are desired. NIMS principals and policies must be formally recogmzed and adopted. The City must utIlize the Incident Command System (ICS) which falls under the umbrella of NIMS FEMA describes ICS as a standardized organizational structure used to command, control, and coordinate the use of resources and personnel that have responded to the scene of an emergency. The concepts and principles for ICS include common terminology, modular organization, integrated communication, unified command structure, consolidated action plan, manageable span of control, designated incident facilities, and comprehensive resource management. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: Completion of training classes is a compliance reqUirement. Numerous required courses have been attended by police personnel with the majority of the training costs being paid for through grant dollars. Continued training is expected with some classes covered by grant dollars while others will need to be budgeted for. RECOMMENDED MOTION: "I move to approve ResolutlOn 29-2005 - A Resolution Implementing the National Incident Management System for the City of Wheat Ridge." or, "1 move to table indefinitely Resolution 29-2005 for the following reasonCs) " Report Prepared by: Michelle Stodden Reviewed by: Dan Brennan, Police Chief Attachments: 1. Resolution 29-2005 050627 NIMS Resolution CAF RESOLUTION NO. 29 Series 2005 TITLE: A RESOLUTION IMPLEMENTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM FOR THE CITY OF WHEAT RIDGE, COLORADO WHEREAS, in Homeland Security Duective (HSPF)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National InCident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local, and tribal governments to work together more effechvely and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective mput and guidance from all federal, state, local, and tribal homeland secunty partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, It is necessary that all federal, state, local, and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of inCident management; and WHEREAS, to facilitate the most efficient and effective inCident management It IS cntlcal that federal, state, local and tribal organizations utilize standardized terminology, standardized organizational structures, mteroperable communications, consohdated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and WHEREAS, the NIMS standardized procedures for managing personnel, commumcations, facilities and resources will improve the City of Wheat Ridge's ability to utilize federal funding to enhance agency readiness, maintain first responder safety, and streamline mcident management processes; and WHEREAS, the Incident Command System components ofNIMS are already an mtegral part of va no us incident management activities throughout the state, including public safety and emergency response organizations training programs, and WHEREAS, the National Commission of Terrorist Attacks (9-11 Commission) recommended adoption of a standardlzed Incident Command System. ATTACHMENT 1 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: That the National Incident Management System be utilized for all incident management in the City of Wheat Ridge. DONE AND RESOLVED THIS DAY OF 2005. Gretchen Cerveny, Mayor ATTEST: Pam Anderson, City Clerk ITEM NO: J 133. REQUEST FOR CITY COUNCIL ACTION -t';:::'-$~' ru COUNCIL MEETING DATE: June 27,2005 TITLE: RESOLUTION 30-2005 - A RESOLUTION AUTHORIZING TEN (10) ADDITIONAL POLICE DEPARTMENT PERSONNEL AS APPROVED BY THE VOTERS OF THE CITY OF WHEAT RIDGE AND AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $92,877 TO HIRE THREE (3) OF THE TEN (10) POLICE DEPARTMENT PERSONNEL, AND $108,000 TO PURCHASE THREE ADDITIONAL POLICE VEHICLES. o PUBLIC HEARING o BIDS/MOTIONS [8J RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes [8J No J /i f'\r"-;;:; )(-;.,.1; -I (f\/~'}"" ,'- Police diief ~QJr% City Mana~ EXECUTIVE SUMMARY: In November 2004, voters approved a sales tax increase that included using funds generated from this sales tax increase to hire ten (10) police department personnel to meet the objective of enhancmg public safety services and renewing previously discontinued police programs such as the Traffic Team, School Resource Officers and a Crime Prevention (Hotel/Motel) program. The Police Department has hired three (3) P.O.S T. certified individuals and they are the first three (3) police officer positions to be hired from the ten (10) new police department positions. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: The voters approved a sales tax increase that included a provision to hire ten (10) additional police department personnel. The police department is recommending filling all ten (10) positions with police officers which will increase the sworn strength of the department from sixty-two (62) to seventy-two (72) sworn positions. The department recently tendered job offers to three (3) P 0 S.T certified individuals and they have accepted. They have begun the orientation traming phase of employment. In addition, the department is m the process of starting another testing phase to fill the remaining seven (7) positIOns. This process should be completed by August With selected recruits starting the police academy, and P O.S.T certified officers beginnmg orientation and field training. Due to vehicle manufacturer and State bid timelines, the department must begin the process of ordenng three additIOnal police vehicles in order to assure the delivery of these vehicles as these officers finish training. ALTERNATIVES CONSIDERED: None FINANCIAL IMP ACT: The department is requestmg a supplemental budget appropriatIOn from the General Fund unreserved fund balance in the amount of $92,877 for three (3) of the additional police officer positions and a supplemental budget appropriation from the General Fund unreserved fund balance in the amount of $108,000 for three (3) additIOnal police patrol vehicles. RECOMMENDED MOTION: "I move to approve Resolution 30-2005 - A Resolution Authonzing Ten (10) AdditIOnal Police Department Personnel as Approved by the Voters of the City of Wheat Ridge and Amendmg the Fiscal Year 2005 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation m the Amount of $92,877 to Hire Three (3) of the Ten (10) Police Department Personnel, and $108,000 to Purchase Three (3) Additional Police Vehicles." or, "I move to table indefinitely table Resolution 30-2005 for the followmg reason(s) " Report Prepared by: Reviewed by: Daniel Brennan, Police Chief Patrick Goff, Deputy City Manager Attachments: 1. Resolution 30-2005 050627 Three New Hire Resolution CAF RESOLUTION NO. 30 Series of 2005 TITLE: A RESOLUTION AUTHORIZING TEN (10) ADDITIONAL POLICE DEPARTMENT PERSONNEL AS APPROVED BY THE VOTERS OF THE CITY OF WHEAT RIDGE AND AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $92,877 TO HIRE THREE (3) OF THE TEN (10) POLICE DEPARTMENT PERSONNEL, AND $108,000 TO PURCHASE THREE (3) ADDITIONAL POLICE VEHICLES. WHEREAS, the City of Wheat Ridge Strategic Plan includes a goal for the Implementation of the Police Strategic Plan; and WHEREAS, the City Council supports improving police services and programs through the addition often (10) police department personnel; and WHEREAS, the 2004 ballot question for an increase in the City's sales and use tax rate proposed additIOnal funds to hire ten (10) additional police department personnel, and WHEREAS, staff recommends hiring these three (3) police officers, as the first of the ten (10) police department personnel positions approved by the voters of the City of Wheat Ridge to meet the objective of enhancing public safety services and renewing previously dlscontmued police programs such as the Traffic Team, School Resource Officers and a Crime Prevention Program; and WHEREAS, the police department will need to add three additional police vehicles to its fleet as a result of hiring ten (10) additional police department personnel, and WHEREAS, the Wheat Ridge Charter reqUires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The following amendments to the Fiscal Year 2005 General Fund budget are hereby approved. (a) A supplemental budget appropnation from General Fund unreserved fund balance m the amount of $72,490 to account #01-211-600-602. ATTACHMENT 1 (b) A supplemental budget appropriation from General Fund unreserved fund balance in the amount of $1 ,051 to account #01-211-600-625 (c) A supplemental budget appropriation from General Fund unreserved fund balance in the amount of $8,792 to account #01-610-600-626. (d) A supplemental budget appropriation from General Fund unreserved fund balance in the amount of $649 to account #01-610-600-627. (e) A supplemental budget appropriation [rom General Fund unreserved fund balance m the amount of$597 to account #01-610-600-628. (f) A supplemental budget appropriation from General Fund unreserved fund balance in the amount of $238 to account #01-610-600-629 (g) A supplemental budget appropriation from General Fund unreserved fund balance in the amount of$7,249 to account #01-211-600-633. (h) A supplemental budget appropriation from General Fund unreserved fund balance in the amount of$1,811 to account #01-211-600-634. (i) A supplemental budg et appropriation from General Fund unreserved fund balance in the amount of$108,000 to account #01-303-800-807. DONE AND RESOLVED THIS DAY June 27, 2005. Gretchen Cerveny, Mayor ATTEST: Pam Anderson, City Clerk ITEM NO: ~ I REQUEST FOR CITY COUNCIL ACTION I' o/$~ I ~?t ')p~ IgJ COUNCIL MEETING DATE: June 27, 2005 TITLE: RESOLUTION 31-2005 - A RESOLUTION AMENDING THE 2005 BUDGET TO REFLECT THE ACCEPTANCE OF FUNDS FROM WHEA T RIDGE ARTS COUNCIL IN THE AMOUNT OF $2,209.60 FOR THE PURPOSE OF LIGHTING THE BRONZE STATUE LOCATED AT THE WHEAT RIDGE RECREATION CENTER o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes ~ No J nd Recreation Director ~~Q City Manag a EXECUTIVE SUMMARY: The bronze statue located at the Wheat Ridge Recreation Center entitled "She Ain't Heavy" was donated and installed through community efforts. The Wheat Ridge Arts Council has raised funds for public art at the Recreation Center The Arts Council to date has purchased the base for the statue and IS now donating $2,209.60 to light the statue. COMMISSION/BOARD RECOMMENDATION: The Wheat Ridge Cultural CommissIOn received information at the July 13th meeting regarding the lightmg of the statue. STATEMENT OF THE ISSUES: The bronze statue at the Wheat Ridge Recreation Center is currently unlit. A donation from the Wheat Ridge Arts Council will enhance the statue by providing lighting. The Arts Council raised funds m the community for public art at the Recreation Center and lighting the statue will fulfill this goal and it is the Arts Council's desire to use the remaming donated funds for this purpose. AL TERNA TIVES CONSIDERED: To not accept the donation and therefore not light the statue. FINANCIAL IMPACT: There is a small m-kind labor donation required from the Parks staff to prepare a portion ofthe site for the light installation. RECOMMENDED MOTION: "I move to approve Resolution 31-2005 - A Resolution Amending the Fiscal Year 2005 Budget to Reflect the Acceptance of Funds from the Wheat Ridge Arts Council in the amount of$2,209 60 for the Purpose of Lighting the Bronze Statue Located at theWheat Ridge Recreation Center." or, "I move to table indefinately Resolution 31-2005 for the following reason(s) " Report Prepared by: Reviewed by' Joyce Manwaring, Parks and Recreation Director Randy Young, City Manager Patrick Goff, Deputy City Manager Attachments: 1. Resolution 31-2005 050627 CAF amend budget statue lighting RESOLUTION NO. 31 Series of 2005 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT THE ACCEPTANCE OF FUNDS FROM THE WHEAT RIDGE ARTS COUNCIL IN THE AMOUNT OF $2,209.60 FOR THE PURPOSE OF LIGHTING THE BRONZE STATUE LOCATED AT THE WHEAT RIDGE RECREATION CENTER WHEREAS, the City of Wheat Ridge has a bronze statue entitle "She Ain't Heavy" located at the Wheat Ridge Recreation Center; and WHEREAS, the City Council desires to accept donated funds from the Wheat Ridge Arts Council in the amount of$2,209 60 for the purpose of lighting the bronze statue; and WHEREAS, the City Council supports public art; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adoptmg a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City hereby accepts donated funds from the Wheat Ridge Arts Council. B. The City Manager is authorized to execute all documents necessary for the acceptance of the funds. C. Upon receipt of the funds, that the funds be placed in the General Fund. D The City of Wheat Ridge fiscal year 2005 Budget be amended accordingly, speCifically adding $2,209 60 into the Parks and Recreation Department budget account (01-603-700-774). DONE AND RESOLVED THIS DAY JUNE 27,2005. Gretchen Cerveny, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 1 ITEM NO' I. ]). REQUEST FOR CITY COUNCIL ACTION ~~'I rUJ COUNCIL MEETING DATE: June 27,2005 TITLE: RESOLUTION 32-2005 - A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GREAT OUTDOORS COLORADO (GOCO) TO ACCEPT A GRANT IN THE AMOUNT OF $50,000 FOR PHASE III OF THE RECONSTRUCTION OF CLEAR CREEK TRAIL o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No ~O-JI~ City Manag~ EXECUTIVE SUMMARY: A grant application was submitted to the Colorado State Parks Trails Program for Phase III of the reconstruction of Clear Creek Trail. Great Outdoors Colorado (GOCO) funds the Colorado State Parks Trails Program. The Parks and Recreation Department has received notice of a grant award in the amount of $50,000 for the reconstruction of Clear Creek Trail. As part of the GOCO process and the issuance of a contract, a resolution authonzing the mayor to sign the grant contract is required. This trail replacement project is Phase 1Il of the Clear Creek Trail and will occur from Y oungfield St. to West Bridge. It also includes reconstruction of the trail entrance at 41 st and Y oungfield Street, and the trail perimeter along the Prospect Park south parking lot. COMMISSION/BOARD RECOMMENDA nON: N/A STATEMENT OF THE ISSUES: The funds awarded from this grant will be placed in the Open Space Fund and will be used for the expenses incurred to resurface the Clear Creek Trail area described above. The design for the trail project has been completed and construction will begin in the fall of2005 AL TERNA TIVES CONSIDERED: Do not accept the grant award in the amount of$50,OOO and reduce the scope of the work. FINANCIAL IMPACT: Phase III reconstruction of the Clear Creek Trail is estimated to cost $300,716 which has been budgeted in the 2005 Open Space budget. Funding in the amount of $50,000 from a GOCO grant, $150,000 from a Jefferson County Open Space Joint Venture grant and $100,716 from the City's Open Space budget Will fund this project. RECOMMENDED MOTION: "I move to approve Resolution 32-2005 - A Resolution Authorizing the Mayor to Execute an Agreement with Great Outdoors Colorado (GOCO) to accept a Grant in the Amount of$50,000 for the Reconstruction of Clear Creek Trail." or, "I move to table indefimtely Resolution 32-2005 for the following reason(s) " Report Prepared by' Reviewed by: Joyce Manwaring, Parks and Recreation Director Randy Young, City Manager Patrick Goff, Deputy City Manager Attachments: 1. Letter of A ward 2. ResolutIOn 32-2005 050627 CAF accept goco grant for trail 05 Colorado State Parks Trails Proorllm 13787 S.l1ig~""')/ 85' UlIIelon, CO 80125' Phone (303) 79H957 - FAX (303) 470-0782. "^",,,.pat1<.s.6Ials.co.u, April 21, 2005 City of Wheat Ridge Parks and Recreation Department Joyce Manwanng 4005 Kipling Street Wheat Ridge, CO 80033 ---- -- - Dear Joyce, We are pleased to inform you that the followmg grant application for the State Trails Program has been approved for funding: Project: Clear Creek Trail Replacement Phase III Grant Amoont Awarded: $ 50,000 00 I. FUNDING Colorado State Parks admmisters several sources of grant funds: 1.) Colorado Funding: Lonery and Great Outdoors Colorado (GOCO) 2.) Federal FundinZ: Recreation Trails Program (RTP from TEA-21) and Land and WaIel Conservation Funds (L WCF). 'Your grant will be-funded With: Great Outdoors Colorado Local Plaruling II. GOCO -LOrAL PLANNING FUNDING INFOR~A:rI()~ . Any questions regarding a GOCO gram please contact Wally Piccone, Grants Administrator, Great Outdoors Colorado at (303) 445-4522. . You will receive a contract from Great Outdoors Colorado with complete instructions within 30-40 days. . Matching funds can be from any source EXCEPT Great Outdoors Colorado. ST"TE Of COLOPAPO . COLOAAOO STA.T€. P"RI<S BIn Ovwefl$, Governor ~ R1.I56eP George, E.lCecutive D.reacr, Depanmellt ot Natural f\e$Ou(cea ~ L)'le LaveRY. Director COloradO St31a PIf1(6 COlOrado Board of P./l<. .no 0"11100( Recreabon: Doug Cota, C~a'r. 0<. Tom Ready. Secratary. Natura. Area. !lepr.sflnta1l\>e' Wi\oe Haetle, COCO R&p~sent.a1ive ~ Tom Gla!.' Member ~ EdwarQ C. C811a>Nay. Mamcer ATTACHMENT 1 ,.. Colorado State Parks Tr"ll~ Progra", 13787 S. Highway 85 .l,nleton. co 80125. Phone (303) 791-1957' FIoX (303) 470-0782. www.parks.Stllte.CD.<!S To begin work on your project you ~ have a "Contract" signed by your organization and the Great Outdoors Colorado. In ENVlRONMEN'f A.I. REVIEWS Arrached in this packet is an evaluation from the U.S. Fish and Wildlife Service. Please review the comments and contact your local DIvision of Wildbfe if there are any issues or concerns that need to be addressed. . If the U $. Fish and Wildlife Service has identified issues, please notify Colorado State Parks when these are resolved and the project work can begin. IV. FINAL INSPECTION When your project is complete, the oaco representative must conduct an alldit and on-site final inspection. Please contact oDeD to schedule a visit when the project bas been completed. V. RF..VIEWFR'S COMMENTS AttaChed are grant reviewer's comments supplied during the rating process of your application. _ The~~. ~IJ?Illents l!ave ~e~!!tum~d.~~_you ~ consuuctive gwdelines to flld m the compiling and wnting process of furore grant applications. We would also like to include information on where your grant was ranked witlun your category amongst all other apphcams ofIbat category. Your Score: 78783 Highest Scored Funded: 795 40 Lowest Score Funded: 765.50 Lowest Scored: 526 83 ST..TE Of CO,OAAOO - eOL-OAAPO STATE PARi<S 8111 OweM. GC'Iemor ~ Russell GeOfge. f,xecu.....e Dil"C'C1Or. oepar\mem of NSlLJraI Re$o.u-ces . L)'ie LI\OeftY, DlrE:tctar. COloraao SlAte Pal'!<.8 COlori4o 9o;,rd of Pa.f'k~ an4 Outl300'f A.&ulatlon: Doug, Cele, 01.;( - Dr. Tom. React" Secl'8\8N'. N~n.' At'eas Repre&enUJ'\f1l8 ~ WaQe Haerte, GOCO Representative' Tarn Gtlss. ~mber - EltNiIf4 C. Ca,lIaway. Member ;' Colorado State Parks Trail. P'''lIr.m 13787 S. Highway 85 . Ultlelon. CO 80125 . Phone (303) 791-1957' FAX (303) 470.0782 . www.parl<<.sta\e.co.us We appreciate all the work :you have. done to make this trails project a realityl Sincerely, ~.~~ '. --. Lori Collim Maicohii. Recreational Trails and L WCF Program Manager Colorado State Parks 303-791-1957 ext. 131 lori.malco1111(aiSrAte.CO.us STATE Of eOLORACD. eOI-DRACD STAT!:; PARf(S Bill Owena. Governor. Rusaell George. E...ec\lb\te DireCtor. pepanment of Nillul'3.l Re.sOuf"Ce8 ~ L~1e LJ,vBlft, O,rec1Of, Colorado Sral& Paff<a COIor.IdO Board of Pwk& and Ouldoor Recreilflon: Doug Cole. Cfltilir. Dr Tom ReelSY'. Secretaf), Nalunlll'reafi Reprl1erllative ~ waoe Haef1e. COCO ~"'$eota1hle .. To'" GIilI~:fii. Membe( .. Edw:ilrtl C. Cauaway, Member RESOLUTION NO. 32 SERIES OF 2005 TITLE: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GREAT OUTDOORS COLORADO (GOCO) TO ACCEPT A GRANT IN THE AMOUNT OF $50,000 FOR PHASE III OF THE RECONSTRUCTION OF CLEAR CREEK TRAIL WHEREAS, the City of Wheat Ridge was awarded a grant from Great Outdoors Colorado (GOCO) in the amount of$50,000 for Phase III of the reconstruction of the Clear Creek Trail; and WHEREAS, the acceptance ofthe grant in the amount of $50,000 is subject to the condition of executIOn of the attached agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: Section I. The City of Wheat Ridge hereby authorizes the Mayor and City Clerk to sign the grant agreement with GOCO Section 2. The City of Wheat Ridge will appropriate the applicant match in the amount of$100,716 from City of Wheat Ridge Open Space budget and $150,000 from a Jefferson County Open Space Joint Venture grant for Phase III of the reconstruction of the Clear Creek Trail Section 3. Phase III reconstruction of Clear Creek Trail must be completed by March 18, 2007. Section 4: Grant reimbursement will occur upon completion of the project subject to suffiCient lottery funds being available to GOCO. Section 5: This resolution to be in full force and effect from and after its passage and approval. INTRODUCED, READ AND ADOPTED at a meeting of the City Council of the City of Wheat Ridge, Colorado on the 2ih day of June, 2005. Gretchen Cerveny, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 2 ITEM NO: Q, I REQUEST FOR CITY COUNCIL ACTION ~ I~$~' ~ IU COUNCIL MEETING DATE: June 27, 2005 TITLE: COUNCIL BILL 25-2004 - AN ORDINANCE ESTABLISHING A STORMW A TER MANAGEMENT UTILITY; SETTING SERVICE CHARGES RELATED THERETO; AND PROVIDING FOR THE MANAGEMENT THEREOF, INCLUDING USE OF REVENUES, ADMINISTRA TION OF PROGRAMS, APPEALS, AND ENFORCEMENT [;8J PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date) [;8J ORDINANCES FOR 2ND READING Quasi-Judicial: forClty Manager EXECUTIVE SUMMARY: The Federal Clean Water Act requires that the City establish a stormwater management program as defined by the City's State of Colorado Stormwater Discharge Permit. A stormwater management utility is recommended to provide the revenues to operate the required program. The fees established will also fund maintenance and capital improvements of the storm drainage system. The stormwater utility fee for residential property is recommended to be established as $8400 per year, while owners of non,residential properties will be charged $84.00 per year for each 3,400 square footage of . . ImpervIOUS area. Council Bill 25,2004 was heard on first reading November 22,2004 with the public hearing set for Monday, March 28, 2005. The public hearing was set for March 28, 2005 to allow communication with the public. The motion also directed staff to investigate alternative funding sources from the capital or general fund. On March 28, 2005, the Public Hearing was continued until June 27, 2005. A Stormwater Open House was held on Monday, April 4, 2005 With approximately 150 reSidents In attendance. Information was also distributed to residents at the June 6, 2005 Town Hall Meeting. Approximately 175 residents were in attendance at the Town Hall Meeting. COMMISSIONfBOARD RECOMMENDA nON: N/A STATEMENT OF THE ISSUES: The Federal government has imposed the new stormwater management regulation without provision for funding the operation of the required program. Most cities and counties have established stormwater utilities to proVide a funding source for the operation of the required stormwater management program. Many of the local governments are collecting storm water fees which allow construction of improvements to their storm drainage systems. The proposed ordinance establishing the stormwater utility is Similar to ordmances in place in Arvada and Lakewood. The recommended stormwater fees will allow operation of the required Stormwater Management Program, as well as construction of approximately $l ,200,000 in improvements to the City storm drainage system each year. The Identified deficiencies withm the Wheat Ridge drainage system are estimated at approximately $38,000,000. AL TERNA TIVES CONSIDERED: The StOlmwater Management Program IS currently funded from the General Fund. Fundmg the program from a stormwater utility would decrease the burden on the General Fund. Any mcrease in projects or programs in the Capital Investment Program will increase the transfer of funds from the General Fund to the Capital Investment Fund. FINANCIAL IMPACT: The stormwater utility will fund the reqUired Stormwater Management Program and allow Improvement of the storm dram age system. RECOMMENDED MOTION: "I move to approve Council Bill 25-2004 an Ordmance Establishing a Stormwater Management Utility; Setting Service Charges Related Thereto, and PrOViding for the Management Thereof, including use of Revenues, AdmmistratIon of Programs, Appeals, and Enforcement, on second reading, and that it take effect 15 days after final publicatIOn." or, "I move to continue the public hearIng for CounCil Bill 25-2005 to Council Chambers, and that it take effect 15 days after final publication. in City or, "I move to postpone mdefinitely Council Bill 25-2004 for the following reason(s). " Report Prepared by' Reviewed by' Tim Paranto, Director of Public Works Randy Young, City Manager Attachments: 1 November 22, 2004 City Council Minutes (page 2) 2. March 28, 2005 City Council Minutes (page 6) 3. Council Sill 25-2004 4. May 22, 2005 Letter from Constituent CITY COUNCIL MINUTES: November 22 2004 Page -2- Motion by Mrs Adams to approve Council Bill 24,2004 on first reading. ordered pUbltshed public hearing set for Monday. December 13 2004 at 7:00 p m in the City Council Chambers, and that it take effect January 1 2005 as permitted by Section 5' 11 of the Charter: Mrs Adams further moved to amend Council Bill 24,2004 Sec. 22,56 (a) (1) to read "(1) On sales amounting to less than nineteen cents ($0.19), no tax;" seconded by Mrs Sang' carried 7,0 Item 3 COUNCIL BILL 25-2004 - AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY, SETTING SERVICE CHARGES RELATED THERETO AND PROVIDING FOR THE MANAGEMENT THEREOF INCLUDING USE OF REVENUES ADMINISTRATION OF PROGRAMS APPEALS, AND ENFORCEMENT Council Bill 25,2004 was introduced on first reading by Mrs Sang Motion by Mrs Sang to approve Council Bill 25,2004 on first reading, ordered published public hearing set for Monday March 28 2005 at 7'00 p m in the City Council Chambers. and that it take effect 15 days after final publication' seconded by Mr DiTullio Mrs Sang IS changing the public hearing date to be open and communicative with tM public She stated that the June Town Meeting could be moved to the March First Monday meeting Motion by Mrs. Sang to amend the original motion to direct staff to look at alternative fundIng sources from the capital or general fund seconded by Mr DiTullio' carried 4-3 with Counclimembers Adams, Berry. and Rotola voting no. Onginal motion as amended carried 4.3 with Councilmembers Adams, Berry. and Rotola voting nO DECISIONS, RESOLUTIONS. AND MOTIONS !tem 4. RESOLUTION 29,2004 - AUTHORIZING JEFFERSON COUNTY OPEN SPACE TO COMPLETE AN APPRAISAL. ENVIRONMENTAL ASSESSMENT, SURVEY. AND NEGOTIATE THE FAIR MARKET VALUE OF THE 6 64 ACRES OF PROPERTY LOCATED AT 4101 MILLER STREET (NORTHWEST SANITATION OPERATION PLANT) Resolution 29-2004 was introduced by Mrs Adams Motion by Mrs. Adams to approve Resolution 29-2004. seconded by Mr. Stites. camed 7-0 ATTACHMENT 1 CITY COUNCIL MINUTES: March 28, 2005 Page -6- Final Development Plan Motion by Mr. Stites to continue to April 25, 2005 Case No. WZ-04-06, a request for approval of a Final Development Plan for properties located at 3270 Youngfield Service Road, 3291 Youngfield Service Road, 13001 W. 32nd Avenue, and 13501 W. 32nd Avenue for the following reasons In order for the applicant and staff to work out issues on access and easements and notes for the final development plan; seconded by Mr DiTullio; carried 8-0. Item 3. COUNCIL BILL 25-2004 AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY; SETTING SERVICE CHARGES RELATED THERETO; AND PROVIDING FOR THE MANAGEMENT THEREOF, INCLUDING USE OF REVENUES, ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT Council Bill 25-2004 was introduced by Mrs Sang on second reading. Motion by Mrs Sang to continue the public hearing for Council Bill 25-2004 to Monday, June 27, 2005 in City Council Chambers; and that it take effect 15 days after final publication, seconded by Mrs. Adams and Mrs Rotola, carried 7-1 with Mr. Gokey voting no Mr Gokey has no doubt that we need to address storm water in this community This process takes longer than what was provided in the guidelines. By June 27 we will not have all the information we need to do this correctly. ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 04-2005' AN ORDINANCE PROHIBITING SALES AND SOLICITATIONS IN CERTAIN PLACES, AND PROHIBITING AGGRESSIVE SOLICITATION. Council Bill 04-2005 was introduced on first reading by Mrs Rotola Motion by Mrs Rotola to approve Council Bill 04-2005 on first reading, order it published, public hearing set for Monday, April 11 , 2005 at 7'00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs Sang Motion to amend by Mr Gokey to remove the 15 days and make the Council Bill effective immediately; seconded by Mrs Sang, carried 8-0 Original motion as amended carried 8-0 ATTACHMENT 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 25 Ordinance No. Series of 2004 TITLE AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY, SETIING SERVICE CHARGES RELATED THERETO, AND PROVIDING FOR THE MANAGEMENT THEREOF, INCLUDING USE OF REVENUES, ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT WHEREAS, the City of Wheat Ridge (the "City") has identified an ongoing need to fund water quality improvements in streams, creeks, and ditches within the City as sell as the need to fund improvements for maintaining and improving water quality and to mitigate and prevent flooding from stormwater runoff into City-owned storm sewers; and WHEREAS, current and pending Federal and State regulations require the City to take additional affirmative steps in such areas as public education, public improvements, detection of illicit discharge in storm water systems, construction of site runoff control, stormwater management, and pollution prevention programs to address water quality issues and flood control, which additional activities will create additional funding obligations for such mandated services, and WHEREAS, the City has undertaken a comprehensive review by staff and consultants of the need for management of and funding for a Stormwater Management Utility NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. The Wheat Ridge Code of Laws is hereby amended by adding a new Chapter 20 "Wheat Ridge Stormwater Management Utility," to read as follows. Chapter 20 Wheat Ridge Stormwater Management Utility Sec. 20-1. Short title This ordinance codified in this Chapter is known and may be cited as the "Wheat Ridge Stormwater Management Utility Ordinance .. Sec. 20-2. Purpose. (a) The City of Wheat Ridge hereby adopts this chapter to provide for and fund the construction, operation, improvement and maintenance of stormwater facilities for its GED\53027\488852.2 ATTACHMENT 3 own use and the use of the public within and without its boundaries, to provide for the control and improvement of stormwater quality and to provide for the calculation of rates, fees, or charges or any combination thereof, together with the collection thereof, to be paid for the services furnished by, or as a result of usage of, City stormwater facilities (b) This chapter is deemed necessary to promote the health, safety and welfare of the general public by reducing or mitigating the property losses, general inconvenience, and damage that occur or result from stormwater runoff, by improving the quality of stormwater that enters stormwater facilities, and by reducing the incidents of traffic delays caused by street flooding, including impedance of emergency vehicles, in the City of Wheat Ridge (c) This chapter shall not serve to create liability on the part of the City or any officer or employee thereof for flood or stormwater damage, or to otherwise state or imply that property subject to the terms, provisions, or charges hereof will be free from stormwater flooding or flood damage. Sec. 20.3. Definitions When not clearly otherwise indicated by the context, the following words and phrases in this chapter shall have the following meanings "City" means the City of Wheat Ridge, Colorado "Code" means the Code of Laws of the City of Wheat Ridge, Colorado. "Director' means the director of the public works department for the City of Wheat Ridge, Colorado, or his or her designee. "De velopmen f' means any manmade change to real property including, but not limited to, buildings or other structures, streets, parking lots, mining, dredging, filling, grading, paving, or excavating "ERU' means Equivalent Residential Unit and is used to convert the impervious area on non-residential property to a residential dwelling unit value. The ERU was calculated through a statistical analysis of the impervious areas for each property within the City, and determining that the average (or mean) residential property in Wheat Ridge contains 3,400 square feet of impervious area This value of 3,400 square feet is hereby adopted as the ERU for the purposes of this chapter. To apply the ERU, a non- residential property's impervious area is measured and the total square footage is divided by the ERU to determine how many units will be charged As an example, nonresidential property containing 8,500 square feet of impervious area. 8500 divided by 3400 results in 2.5 ERU. "Impervious surface" means surfaces or covers on or in real property where the rate of infiltration of stormwater into the earth has been reduced by the works of man GED\53027\488852.2 ,2- For purposes of this chapter, buildings, manmade structures, driveways, patio areas, roofs, concrete or asphalt sidewalks, parking lots or storage areas, and other bricked, oiled, macadam or hard-surfaced areas which impede passage of storm waters into the earth's surface are deemed to be impervious. "Owner" means the fee owner of real property within the boundaries of the City of Wheat Ridge as disclosed in the City's official records. "Person" means a natural person, corporation, partnership, association or other entity. "Project costs" means those costs of administration, management, planning, engineering, construction, reconstruction, repair, right-of-way acquisition, replacement, contingencies, fiscal, legal, and all operation and maintenance costs of stormwater facilities and stormwater quality programs including those costs required to comply with federal, state, or City laws regulating stormwater facilities or runoff "Runoff" means that part of snowfall, rainfall or other stormwater which is not absorbed, transpired, evaporated, or left in surface depressions, and which then flows controlled or uncontrolled into a watercourse or body of water. "Service charge" means the stormwater management utility service charge as created by this ordinance. "Stormwater facilities" means anyone or more of the various devices used in the collection, treatment, or disposition of storm, flood or surface drainage waters, including all man made structures or natural watercourses for the conveyance or transportation of runoff, such as. detention areas, berms, swales, improved watercourses, channels, bridges, gulches, streams, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catch basins and street facilities, all inlets, collection, drainage or disposal lines; intercepting sewers, disposal plants; outfall sewers, all pumping, power, and other equipment and appurtenances, all extension, improvements, remodeling, additions, and alterations thereof; and any and all rights or interests in such stormwater facilities Stormwater facilities expressly excludes any of the foregoing which exist for, or are used exclusively for the purpose of collecting, treating, measuring, supplying, or distributing potable water within or as part of the City water supply and treatment system, or any of the foregoing which exist for or are used exclusively for the purpose of collecting, treating, or measuring effluent within or as part of the City sanitary sewer system. (Both of which are operated by independent agencies). Sec. 20-4. Stormwater management utility established. There is hereby established a stormwater management utility. The stormwater management utility shall be created as, and deemed to be an enterprise as provided in S37-45 1-101, C R.S , et. seq , as such may from time to time be amended, and shall operate and be managed in accordance therewith Through said utility the City shall be entitled to construct, operate and maintain stormwater facilities and pay other project GED\530271488852.2 ,3- costs with the service charge and other funds available in the stormwater management utility fund, provided the stormwater management utility fund will not have as its purpose the payment of costs not directly associated with water quality project costs or the construction, operation, or maintenance of stormwater facilities Sec. 20-5. Stormwater management utility service charge established. (a) There is hereby imposed on the owner of each and every lot or parcel of land within the City containing an impervious surface, except as specifically provided in subsection (b) of this section, a stormwater management utility service charge. This service charge is deemed reasonable and necessary to pay for' (1) the project costs of the existing City stormwater facilities and stormwater quality programs; and (2) project costs of future City stormwater facilities and stormwater quality programs The proceeds of said charge, upon collection, are made as payment for the use of the City's stormwater facilities by owners of real property upon which the service charge is imposed (b) All public and private highways, roadways, streets and alleys and associated sidewalks and bike paths shall be part of the stormwater facilities and, therefore, shall be exempt from all charges imposed by this section, The exemption provided herein shall not apply to public or private parking lots, driveways, service drives, drive aisles or internal site roadways, beltways, access drives or lanes, and sidewalks. (c) The charge provided herein shall be based upon the extent to which the City's stormwater facilities are used by persons within the City Use of stormwater facilities shall be based upon a calculation of runoff from the impervious surfaces of parcels of land located within the City. (d) The City shall bill for the service charge provided in this chapter The bill shall be made to the owner of record of the property as set forth in the records of the City, or to such other person as the owner may designate in writing to accept the bill and the recipient of the bill shall pay the bill upon receipt thereof Nothing in this subsection shall serve to relieve the owner of responsibility for ensuring that payment of the service charge is made if the bill is sent to some other person designated by the owner as recipient. (e) The service charge shall be $8400 per ERU, per year The service charge described in this subsection is imposed on each and every improved lot and parcel of land within the City upon which an impervious surface exists The amount of the service charge shall be in accordance with the schedule established by City Council Resolution. The service charge shall be billed by the City and shall be paid upon receipt thereof (f) The director shall determine or cause the determination to be made, of the estimated number of square feet of impervious surface in or on the real property of each owner within the City, using the definition of impervious surface set forth in this chapter. The director may make such measurement based upon any reasonable means, GED\53027\4888522 -4- including, but not by way of limitation, aerial survey and statistical analysis of real property and impervious surfaces located thereon. The impervious area for each single family detached property and for each duplex property or town home shall be 3,400 square fee unless modified by the director pursuant to section 20 7 This square foot value shall be referred to as an Equivalent Residential Unit (ERU) Every residential, condominium and town home property is equal to one ERU and shall be assessed a service charge accordingly Commercial, multi-family, or other non-residential properties shall be assessed a service charge based on the square-foot size of their respective impervious area divided by the ERU square footage of 3,400 square feet. The director may update the city-wide measurement of impervious surface area at such times as he or she deems reasonable and necessary to do so, but in any event, not less than once each ten years, with any change to be effective in the next calendar year. If, for any reason, a recalculation of the service charge does not occur, then the most recent rate charged shall continue until the recalculation is made. No failure to make a recalculation of the service charge shall repeal, amend, or suspend operation of this chapter (g) Each development occurring within the City after adoption of this chapter that results in an increase or decrease in impervious surface area shall be subject to the provisions of this chapter The director shall be entitled to measure an increase or decrease to any impervious surface area resulting from a development, and add the resulting increase to or deduct the resulting decrease from, the service charge to the City utility bill for the property wherein the development occurred. The director shall establish such administrative rules in accordance with section 20-9 of this chapter for determining when an increase or decrease to impervious surface areas has occurred as may be reasonable and necessary to give effect to this subsection (h) The service charge provided in this article shall be subject to additional fees for delinquent payment, uncollectable checks, liens and any other penalties which are the same as those imposed with City water or sewer utility charges as provided in this chapter Sec. 20-6. Use of service charge. (a) All fees and charges paid and collected pursuant to this chapter shall be credited and deposited into a special enterprise fund, designated as the "Stormwater Management Utility Fund", and shall not be transferred to any other account of the City, except to pay for project costs, including payments for obligation permitted under this section. (b) The City may pledge all or any portion of the service charge, or any other fees and charges collected pursuant to this chapter, including those anticipated to be collected, to the payment of principal, interest, premium, if any, and reserves for general obligation bonds, revenue bonds or any other obligation lawfully issued or otherwise contracted for by the City for the payment or other financing of project costs, or for the purpose of refunding any obligations issued or otherwise contracted for such purpose. GEDI53027\488852.2 -5- (c) Budgeting and accounting for the stormwater management utility fund shall conform with requirements and practices of the City with respect to such matters as may be applicable under this Code, or the laws of the State of Colorado (d) Any obligations issued or contracted for by the City pursuant to this chapter, or any other applicable provision of law, may be issued without the necessity of an election, unless such obligation shall be a general obligation of the City; in which event such obligation shall be issued only upon compliance with the terms and provisions of the Code of Laws, as may be applicable All obligations shall be issuable in such form, shall mature at such time or times and in such amounts, shall be payable at such place, either within or without the State of Colorado, shall be subject to such terms of redemption and shall be secured in such manner as the City Council shall determine Such obligations may be sold at public or private sale under such terms and conditions as the City council of the City shall determine All other terms, provisions and other matters relating to such obligations shall be such as are approved by the City Council. Sec. 20-7. Administrative and judicial review. (a) Any owner who disputes the amount of the service charge, or who disputes ownership of the subject property may petition the director for an administrative hearing on a revision, adjustment or modification of such charge or determination of ownership no later than thirty (30) days after having been first billed for such charge. The director may hold such hearing him or herself, or designate another as a hearing officer with authority to hold such hearing or hearings The filing of a petition shall not stay any owner's obligation to make payment of the charge during pendency of the hearing (b) Any petition filed pursuant to this chapter shall be in writing, and the facts and figures submitted shall be likewise submitted in writing as sworn statements, in form generally acceptable in similar proceedings. Any hearing shall take place within the City of Wheat Ridge at a date and time set by the director, but not earlier than fourteen (14) days nor later than sixty (60) days from the date of receipt of the petition by the director, unless a different time and date is agreed to by the petitioner and the director. (c) The director shall make a final determination and may confirm or modify the charge, or make a finding with respect to ownership of the subject property in accordance with facts submitted The director's decision shall be in writing and shall be mailed to or served upon petitioner within ten (10) business days of the conclusion of the hearing The director may issue an order providing for refund of any portion of the service charge previously paid by an owner which charge is subsequently found to be in excess of any modified charge following conclusion of an owner's appeal Service by certified mail, return receipt requested, shall be conclusive evidence of notice for the purpose of this chapter. Such action shall be considered a final order of the director, and any review thereof shall be by the district court pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. Sec. 20-8. Violation and Penalties GED\53027\4888522 ,6, (a) In the event any owner or owners of any lot, parcel of land, or any real property within the legal boundaries of the City shall neglect, fail, or refuse to pay the charges or fees fixed by this chapter, the City may pursue any remedy available at law or equity to enforce and collect the service charge The City may also recover, in addition to service charges due, all court costs, attorneys' fees and interest on the amount owing (b) In addition to other civil collection procedures, all fees and charges, together with all interest and penalties for default in payment, and all costs in collecting the same, until paid, shall constitute a perpetual lien on the property, on a parity with the tax lien of general, state, county, City, town or school taxes, and no sale of such property to enforce any general, state, county, City, town or school tax or other liens shall extinguish the perpetual lien for such fees, charges, interest, penalties and costs. The City may certify such unpaid fees, charges, interest, penalties and costs to the county treasurer for collection in the same manner as taxes. c) Delinquent charges and fees may be collected as any other debt owed to the City at the option of the City. (d) Enforcement of this section shall be in a court of competent jurisdiction in the District Courts of Jefferson County. No remedy provided herein shall be exclusive, but the same shall be cumulative. Sec. 20-9. Rule making. The director shall be authorized to evaluate and analyze those situations, facts or circumstance which occur with respect to application of this chapter to individual owners or property that are unusual or not addressed by the procedures and criteria of this ordinance. Decisions and determinations with respect to procedures necessary to give effect to this ordinance that are of general applicability to the public, and not otherwise addressed under this ordinance, shall be subject to administrative rules promulgated by the director. It Sec. 20-10. Severability. In the event that any section, subsection subdivision, paragraph, sentence, clause, or phrase of this chapter, or the application thereof, if for any reason is held or decided to be unconstitutional or unlawful, such decision shall not affect the validity of the remaining portions or application of this chapter or Code 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. GED\53027\488852.2 -7- Section 3. Severability: ConflictinQ Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter Notwithstanding the effective date of this ordinance, the charges and fees provided for herein shall be due and collectable from and after the first day of January, 2005 INTRODUCED, READ, AND ADOPTED on first reading by a vote of h. to 3 on this 22nd day of November , 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for March 28. 2005 , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. PUBLIC HEARING CONTINUED TO JUNE 27. 2005. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2004 SIGNED by the Mayor on this day of ,2004 Gretchen Cerveny, Mayor ATTEST' Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication November 25. 2004 . MARCH 31. 2005 Second Publication. Wheat Ridge Transcript Effective Date GED\53027\4888522 -8- :~.~.;,~~ ~ - -----".,2..: """l, - Mrs.-M Althen 4180 Quay St. Wheal Ridg' e. CO 80033-4958 Jlp.i:(1 ?');;rf;;::/ . ~'O-22 dO"> /1 t 0 _1 ,M!A/Y1-!r Jt J1i~ ~~/ &J :J~o73 k/ 1?PJ/7~' . / 7 ~. . -- ,-. - ~ t?b.- ~~ ~'7 ~tttkY -.rkti;Q - '/fr~ J1Ltdt'1/:rH~~ ~ _m ~H'_ . #/fjud r' '/:>>f~JJ,e;:W fi a nk -q.tkmetre~d #'v.-""U1 IV ~_;nUItfAJU //j~ ~.~'(/JM~ '-/ - . 1M<- ~ ... ~;. Zt::~ 7/i, M. ..0/ A.~ M' t!< r~ r;dMrc ,;M.&/{/a,; 4~~4V' L -- ~ __ , ~_ J/.(Ol, ~r.. C/..h. . ,.(... zrH,. .t!.<: /J71f 1Jj~ (; I- d~_~ ~ ~jJdrfr. J'1~AH/k Z tv ~.l/ ,f./L .1dcM~~ M< e ~ M1b~c W Abt'ut af;/:/ ~ _ tV I1kAMr)tvf -j /?1J~ ~ A4fM~, :E ----- L~-r % --.-- - _____~_=_ __---~~~~_-~.__~__-_ -i;J;,~ =_1l-/l~ .#-----u CJ ~(f . -t/~~---- . ~~u-(Z~-if~-uu---- ------- ....-.- CC _=:.~~=~~~~~. ~ifd..7--- Uu_... J: ,. ;.~-- ----- _ - -~-~~-.~+ =- -., .~.. 'J:,,_~,!l.:.. ----------~- ....~::... -~ ':... -- ., !',< :..,,~ -:'-;:,,:. '..T.""'- ',':"..- ~+kJ ~ ~~~ d\;t Id~ Ob ~t ~'r ~lft.;r<<f) tJ~l-1~ i:P1-1 Wheat Ribse Vl1iteb Ndsl1borl1oobs. ll1c. rolz 1/ aS- . June 26, 2005 TO: The Honorable Mayor and City Council Members FROM' Wheat Ridge United Neighborhoods Wheat Ridge United Neighborhoods adopted the following resolution at its meetmg of June 1, 2005' Wheat Ridge United Neighborhoods opposes the imposition of any fee on Wheat Ridge homes or businesses for funding Clean Water Act Compliance. We have seen no evidence that Wheat Ridge could not fund Clean Water Act compliance with revenue from the November, 2004 sales tax increase. /It')~J~-v- Michael D. SnoW; President ITEM NO' 3 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: June 27,2005 TITLE: PUBLIC MEETING ON 2006 BUDGET o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date') o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 ['gj Yes No ~<3Jr<:\ City Mana ~ - EXECUTIVE SUMMARY: City Staff IS currently working on the 2006 Proposed Budget. The proposed budget is scheduled for submittal to City Council in early September for review City Council is scheduled to meet on September 17th at a Budget Retreat to diSCUSS the staffing levels, programs, services and capital projects proposed by Staff This public mput meeting is intended to focus on 2006 citizen requests, comments or suggestions. The public meeting IS an informal opportunity for the public to provide input to the City Council on the City Budget. A second public meeting is scheduled for July 25, 2005 and the public hearIng is scheduled for September 26, 2005 This public meeting on the 2006 budget IS an opportunity for City Council to continue to develop a strong partnership between city and community by allowing the public to be involved in the policy development process and to stay informed on City financial issues. COMMISSION/BOARD RECOMMENDATION: None ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION llj. ~.?O.". z ~ '/ COUNCIL MEETING DATE: June 27, 2005 TITLE: COUNCIL BILL NO. 11-2005: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM A-I, AGRICULTURE-ONE AND C-I, COMMERCIAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 4900 AND 4990 P ARFET STREET (CASE NO. WZ-05-05) o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS ~ ORDINANCES fOR 1ST READING o ORDINANCES fOR 2ND READING Quasi,Judiclal ~ 0 Yes No ~aiL. Community Development Director ~C>J~ City Manager X ' EXECUTIVE SUMMARY: The applicant requests approval of a zone change from A,1, Agriculture,One and C,1, Commercial, One to Planned CommerCial Development (PCD) and for approval of a PCD Outline Development Plan for property located at 4900 and 4990 Parlet Street. The Outline Development Plan accompanies the rezoning ordinance and sets allowable uses and development standards. It is general in nature and serves as a basic blueprint for development of the property. A final development plan and plat would have to be approved at a future date prior to any development occurring on the property. Planning Commission made a motion to approve the application at their May 19,2005 meeting. The motion tied, therefore, the approval motion faIled. final action by Plannmg Commission is pending. This City Council actIOn IS related to Goal 4 of the Strategic Plan to promote 1,70 as a maJor commercial center by provldmg destination retail businesses and an expanded tax base and mcreased property values. COMMISSIONIBOARD RECOMMENDATION: Plannmg CommiSSIOn reviewed thiS request at a public hearing held on May 19,2005 A motIOn to approve was made with the followmg findmgs' 1. The maJonty of the property under consideratIOn was zoned from A,I to C-l m 1986. 2. The deSign parameters shown are generally consistent with the C,l zone district. 3. The proposed document meets all requirements for a Planned Commercial Development Outline Development Plan. 4. There has been a change in character in the area as evidenced by new commercial development occurring to the west of the property in the past seven years, an approved rezoning to Pill to the north of the property in 2002, and construction of a maJor commercial center at 50th and Kipling. 5. Although not in conformance with the Comprehensive Plan designation, the designation of Agricultural Estate ReSidential did not acknowledge the presence of commerCial zoning on the property. Large lot residential development is inconsistent with the trend of commercial and industrial development in the area. 6 A majonty of the property is already zoned commercially The proposed zone change IS compatible with the surrounding area and there will be mmimal adverse Impacts. 7 There will be economic benefits to the community derived from the zone change. 8 Adequate infrastructure IS available to serve the proposed development. 9 The change of zone will not adversely affect the public health, safety or welfare 10 The change of zone will not create an isolated zone district. With the following conditions. 1. Employee parkmg for the Medved Autoplex (all three parcels) shall be accommodated on site. There shall be no exceptions. 2. The city shall post signs prohibiting overnight parking on Parfet Street 3 Lighting shall be designed and located such that there shall be no light trespass onto adjacent properties or streets from pole, mounted lights, wall mounted lights and lighted signs. 4. Applicant shall be required to provide a 30 foot right-of,way or easement for West 50th A venue extension on the north property line and/or dramage purposes. This issue shall be resolved prior to or concurrent with the final development plan and final plat. 5. The applicant shall discuss with Public Works and the Fire District the implementation and distribution of traffic calming devices on Parfet Street as part of the final development plan. The motion to approve failed due to a tie vote. Final actIOn by Planmng Commission is pendmg. One neighbor was present at this public hearing to speak to this request. The adjacent property owner, Chuck StJesmeyer residmg at 4996 Parfet Street, spoke regarding the parkmg of vehicles on Parfet 2 Street, excessive traffic speeds on Parfet Street, lack of maintenance on the existing lots, excessive lighting on the eXisting lots and the extension of W. 50th Avenue. He distributed a packet of information to Planning Commission which has been made part of the case file. Staff recommended to the applicant that mediation with the adjacent property owner be pursued. The applicant chose not to do so. STATEMENT OF THE ISSUES: Staff acknowledges that the development of this parcel may have a negative impact on the residences to the north; however, this IS an area that is not conducive to single family residential development. The 1-70 comdor continues to be developed with commercial and industrial projects includmg a zone change to Pill to the north in 2002 and a major commercial center currently under construction at 50th A venue and Kipling. Between 1995 and 2001, the number of vehicle trips per day on 1-70 increased by 5,400 to over 105,000 trips per day. This property IS located withm the Columbine Basin Drainage Outfall plan area. This is a major regional drainage system plan which Includes properties to the northwest in Arvada, contInues east through the new development at 50th A venue and Kipling, to past Garrison Street. The plan, adopted by Urban Drainage and Flood Control Dlstnct m 1994, shows required conveyance faCilities on the site running north along Oak Street to W. 50th Avenue and extendmg over to Parfet Street. To accommodate the new dealership, improvements between Oak and Miller must also be completed. The applicant's engineers are continuing to work on this design. The OutlIne Development Plan stage of the planned development process does not require an approved drainage plan and report. Staff feels the constructiOn of W. 50th A venue between Oak Street and Parfet IS critical. Not only would It allow a secondary access route through this industnal area but could also be used as a channel for the ColumbIne BaSIn dramage way Improvements. Staff will be recommending the dedicatIOn of right,of,way at the time of final development plan and plat approval. The applicant lS working towards resolution of existing code enforcement issues including lighting and lack of maintenance of landscapIng. AL TERN A TIVES CONSIDERED: Do not approve thiS request. FINANCIAL IMPACT: A one time review fee was collected for the processing of this application. Additional review fees will be required for the processIng of the final development plan and plat and building permit. Sales tax revenues are generated from the sale of vehicles to Wheat Ridge residents only. Sales tax revenues will be generated by the sales of auto parts. Use tax will also be collected on any building materials. 3 RECOMMENDED MOTIONS: "I move to approve on first reading Council Bill No. 11-2005, Case No. WZ-05-05, a request for approval of a zone change from A-I, Agriculture-One and C,l, Commercial-One to Planned Commercial Development and for approval of an Outline Development Plan for property located at 4900 and 4990 Parlet Street, ordered published, public hearing set for July 25, 2005." OR "I move to table mdefimtely Council Bill No. 11,2005, Case No WZ,05-05, a request for approval of a zone change from A-I, Agriculture,One and C,I, Commerclal,One to Planned Commercial Development and for approval of an Outline Development Plan for property located at 4900 and 4990 Parlet Street for the following reasons. 1. The proposed commercial zone change is inconsistent With the Agriculture/Estate ReSidentIal designation on the Comprehensive Plan. 2. The proposed commercial development could be mcompatible with the eXisting residences to the north. 3. There are regional dramage issues affectmg the property which are unresolved." Report Prepared by: Meredith Reckert (303,235,2848) Reviewed by' Alan White Attachments: 1 Planning CommiSSIOn staff report (Without exhibits) 2. Council Bill No 1l,2005 cc. Request for City Council Action-report fonn 4 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER. M. Reckert CASE NO. & NAME. WZ-05-05/Bear Land Holdings DATE OF MEETING. May 19,2005 ACTION REQUESTED' Approval of a zone change from A-I and C,l to PCD and approval of an Outline Development Plan LOCA TION OF REQUEST 4900 and 4990 Parfet Street APPLICANT/OWNER: Michael G. Pharo Associates for Bear Land Holdings APPROXIMATE AREA. 10.59 acres PRESENT ZONING A,l, Agriculture,One and C-I, Commercial,One COMPREHENSIVE PLAN AgriculturalJEslate Residential ENTER INTO RECORD: (X) (X) o COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULATIONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Location Map A-1 ",. "~ ,.;:- "'-=-1 , .__._-=-,~ I ~:;; --, ,;; -.-:J -'-1 LJ -, PID Properties - i :- I ~_-:' . ,- PCD ~. . _.; A-l ___:.LNTERSTATE70-- --.------- ~-A:l -- - -- ~:::.:.-... -' - - - ~ /-_., r , .. ~- - ~ , ~: ! ~ L'~ I ~-]~~~~;.:~_=_t~ ~-~.-.----, :~. ~.e- ~ " r~4~,r~ .1~'-~: : -, ~- ~-,I' ~ .1 I~ 'I. .;' ~'1;0 f-!. :11 !i ~~ Planning Commission WZ.05-05/Bear Land Holdings 1 ATTACHMENT 1 All notification and posting reqUirements have been met; therefore, there IS Junsdiction to hear thiS case. I. REQUEST ThiS application IS for approval of a zone change from Agriculture-One and Commerclal,One to Planned Commercial Development and for approval of an Outline Development Plan for propertIes located at 4900 and 4990 Parfet Street. The purpose of the zone change is for the construction of two new auto dealerships and an office/warehouse for parts distribution. See applicant's explanatIOn of the request. (Exhibit 1, applicant letter) II. PROPERTY DESCRIPTION The property in question is comprised of two parcels containmg a total of 10.59 acres. It is located on the eastern side of Parfet Street and extends over to Oak Street. The southern parcel is zoned C,l, Commercial-One. The northern parcel is zoned A,l, Agriculture,One. The property is relatively flat, has a house and several outbuildings on the very northern part. An open ditch (Wadsworth Ditch) runs along the north side of these buildings. Two additional open channel ditches (Bayou and Swadley) traverse the southern end of the property Abutting the property to the north is a smgle family reSidence zoned A,I and the detention area for the Hoss Planned Industnal Development. Although this detention area wIll serve the industrial development to the north, It is also zoned A-I. The L & K Industrial Park Planned Industrial Development abuts the property on the east, as does the 70 West Industrial Park which IS also zoned Pill. To the south is a triangular strip of land zoned C,2 and A,l which has two bIllboards on it. This parcel separates the subject property from the north 1,70 Frontage Road. The original dealership of the Medved Autoplex is located to the west, across Parfet Street. A new or used car sales facility is a special use in the Commercial-One zone district. A new or used car sales lot is not a permitted use in the A-I zone district. Pursuant to the Zoning and Development Code, all commercial zone change applications must be to a planned development district. III. PROPERTY HISTORY The following is a brief history of the Medved Autoplex history which includes property located at 11001 W. 1,70 Frontage Road North (Chevrolet, Hummer, Cadillac), 11201 W. 1-70 Frontage Road North (Chrysler, Plymouth, Jeep and previously-owned vehicles) an.~v:,c't.~t P~~P;,~y on the east side of Parfet Street which is subject to this zone change request. (ExhiJ?!k~;i~gp1i9t9) The property (all three parcels) was rezoned from Agriculture-One to Commercial,One pursuant to Case No. WZ,86,10. The rezoning encompassed all three parcels and included a condition that prior to any development, a site plan approval process be completed m front of Planning Commission and Planning Commission WZ-05-05/Bear Land Holdings 2 City Council A two,lot subdivision was approved which divided the property on the west side of Parlet into two parcels (Case No MS,86,3). A site plan was approved for the Chevrolet dealership (11001 W. 1,70 Frontage Road North) with a special use permit to allow major automotive repaIr (Case No. SUP,86,1O) In 1994, the owner applied for a planned building group plan to establish an interim used car sales operation on the westerly parcel (11201 W 1,70 Frontage Road). The intenm site plan allowed for a 25' x 55' modular building to serve as a sales office. The northern half of the site was proposed as a test track for Hummer testing. In 1998, the applicant applied for an amendment to the recorded planned building group for 11201 W. 1-70 Frontage Road to allow construction of two buildings containmg a total of 98,000 square feet of building area. An additional building With 9000 square feet of area was proposed on the north end of the property. ThiS buildmg was mtended to serve as a child care faCIlity for employees. A 10' nght, of,way vacatIOn also occurred for West 50th Avenue which was dedicated back to the property owner In 1999, the dealership was Cited for having illegal vehicle storage on the vacant property on the east side of Parlet. In response to the citation, an application was submitted for approval of a temporary use permit to allow temporary vehicle storage. The request was denied by the Board of Adjustment on December 9, 1999. The applicant filed SUIt With the Jefferson County District Court against the City of Wheat Ridge and the Board of Adjustment. The court upheld the decision of the Board of Adjustment. IV. OUTLINE DEVELOPMENT PLAN The Outline Development Plan (ODP), which accompanies a rezoning ordmance, sets the allowable uses and development standards for the property. Typically the Outlme Development Plan is general in nature and serves as the blueprint for development of the property. The Outline Development Plan is also used to establish design parameters includin~maximum buildi~~~ei~ht, minimum landscaped coverage and minimum perimeter setbacks~~ffibIt3,OutJine ~y!?)pP~e.n~rian) . ...... . .. .... Allowable uses PermItted uses include auto sales and rental, warehousing and parts distribution and repair and detailing. Staff suggested that the use list be expanded to allow test driving and general office, service and retail uses. The additional uses have been added to the ODP. Access Two access points are shown on both Parlet Street and Oak Street. Both access points align with the eXlstmg curb cuts on the dealership to the west. Development Standards The following development standards are depicted on the ODP. The eXisting development and any future redevelopment of the site must comply With these standards. Planning Commission WZ-OS,OS/Bear Land Holdings 3 Item ReQuirement Maximum Buildmg and Hard Surfaced Coverage 80% Minimum Setbacks 50' from r-o'w if parking, 30' from r,o,w If landscaped (west and east) 30' from smgle family homes (north) 15' from external and internal property lines (south) Minimum Landscaped Coverage 20% Minimum Parkmg ReqUired Refer to Section 26-501 ofthe Wheat Ridge Code of Laws for additIOnal reqUirements Maximum BuIlding Height 50' Signage Refer to Article VII of the Wheat Ridge Code of Laws Fencing Refer to Section 26-603 of the Wheat Ridge Code of Laws Extenor Lightmg Refer to Section 26,503 of the Wheat Ridge Code of Laws Architectural DetaIl Refer to the Streetscape and Architectural DesiRn Manual Staff concludes that the proposed development standards are generally consistent with those in the CommercIal-One zone district regulations. All reqUirements for a Planned Commercial Development Outline Development Plan have been met. V. ZONE CHANGE CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zone. 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The official zomng map is not m error. The parcells currently zoned Agriculture-One and Commercial,One. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. Planning Commission WZ,05,05/Bear Land Holdings 4 This could be considered a transltlOnal area m the City of Wheat Ridge. Although there are four existing single,family residences to the north (along Parfet), the general trend in thiS neighborhood is towards more commercialIzatIOn of properties. The agnculturalldentity of the area IS dimmishlllg, and development is transitioning towards light industrial and commercial uses. The majonty of the property under consideratlOn was rezoned from A,l to C,l in 1986 Land to the north of thiS property was rezoned from A-I to PID pursuant to Case No. WZ,02- 12 (Hoss) The llltent of the zone change was for development of an electncal contractor's yard. There are other industnal uses to the northeast of the site includlllg Inland Container and the Rocky Mountain Bottle plant, which have undergone plan revisions and expansions in the past several years. Although not in Wheat Ridge, a major commercial development is under constructIOn at 50th A venue and Kipling. The property IS in close proximity to 1,70 which carries lllcreasingly more traffic each year. 1995 traffic counts indicate that 99,600 vehicles per day travel on this portion ofI,70. A more recent CDOT count performed in 2001 indicated that the vehicle trips per day have increased to more than 105,000. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies, and other related policies or plans for the area. When the property was rezoned to C-1 in 1986, the Comprehensive Plan designated it as Industnal The existing Comprehensive Plan was adopted in 2000 The designation on the current future land use map is AgriculturalfEstate Residential (AER) (Not to exceed one unit per acre). The AER deslgnation describes the desired character as "Neighborhoods wlth very low density housing and a predomlllantly rural character." Desired attributes include well maintallled dwellings, lots comprised of primarily open lands, the ability to raise domesticated farm or ranch animals, the ability to construct accessory structures that assist in the production of value,added agricultural products, and densities not to exceed one dwelling unit per acre. The desirability of this area as estate lots within such close proximity to 1,70 and adjacent commercial and industrial uses is questIOnable. The Comprehensive Plan DeSignation for the subject property is AER, but property directly to the east and further to the north is shown as Planned BusinesslIndustrial Park. The proposed commercial zone change is inconsistent with the deSignation on the Comprehensive Plan. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The subject property is surrounded by a variety of land uses including a single family reSidence zoned A-Ion the northwest side of the property. On the northeast side of the property is land zoned A,l to be utilized for detention area for a PID to the north. The PID was approved pursuant to Case No. WZ- 02,12 as a zone change from A-I. It is intended to be utilized as an electrical contractor's business. To the east is a mixture of light industrial and commercial uses. To the west are the eXisting dealerships and farther west commercial and industnal uses. Planning Commission WZ-OS-OSfBear Land Holdings 5 The zone change will be compatible with adjacent commercial and mdustnal uses but not the residential properties to the north along Parfet Street. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There will not be social, recreational or physical benefits to the community as a result of the change in zone. If the property is developed there may be an economic benefit to the city through property tax increases smce the property IS presently undeveloped land. Sales tax revenues from the sales of vehIcles are credIted to the municipality where the buyer resides. There would be sales tax generated from parts sales. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All agenCIes can serve the property with upgrades to mfrastructure, the cost of which will be borne by the applicant. 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to the adjacent properties. The proposed development of this parcel could have a negative affect on the reSidences north of the property. At the neighborhood meeting, the adjacent neighbor spoke regardmg the glare and light generated by the existing dealerships. The development of this site will have an added impact on this residence. One of the major impacts of the dealership has been parking. The Zoning and Development Code requires that commercial developments provide all parking for customers, employees and inventory on-site. In each of the previous land use approvals for the dealership, the issue of cars parking on Parfet Street was addressed. The most recent approval (1999) speCified that parking could occur on Parfet Street only dunng construction of the newest dealershIp. The most recent inspection showed 52 vehicles parked along Parfet. Unless this new facility addresses this parking issue and prOVides adequate on'slte parking, the present practice of parking on Parfet will contmue to adversely affect neighboring residents. There are also concerns regarding regIOnal drainage. ThiS property is located within the Columbine Basin Drainage Outfall plan area. According to the plan adopted by Urban Drainage and Flood Control District, there are conveyance facilities shown running north along Oak Street to W. 50th Avenue and extending over to Parfet Street. An additional conveyance facility would run adjacent to the Xcel Energy easement on the south side of the parcel. Although preliminary drainage information was prOVided, It is unclear at this time whether the proposal can accommodate the Columbine Basin improvements. ~:m~~~GoiUDiliint BaSe;DfiiUl""''(;'oniflill.Plan). ".....-...... .' ag "'.. . ... .... Planning Commission WZ-05-05/Bear Land Holdings 6 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not a concern as there is other commercial zoning m the area. VI. WEST 50TH AVENUE The issue of extension of W. 50th A venue has been debated smce the ongmal parcel on the west side of Parfet was platted. W. 50th A venue currently extends from Miller to Oak Street, east of the subject parcel and from Robb Street east where It dead,ends into a cul,de-sac on 11201 W. 1,70 Frontage Road North (western Autoplex parcel). 1986: In the mid-1980's, an amendment was made to the Major Streets Plan of the Comprehensive Plan. This amendment designated an artenal street corridor between Kipling Street and Ward Road. Since 50th was a logical extension, 40' of right-of way was dedicated for 50th A venue as part of the two,lot subdivision approval on the parcel on the west side of Parfet in 1986. 1994: During the 1994 Planned Building Group approval for an mtenm used car sales operation on 11201 W 1,70 Frontage Road North, the applicant indicated that he felt it was premature to develop 50th Avenue at the time, but would be Willing to participate when the time was appropriate. A condition of City Council approval was that W. 50th be constructed on both sectIOns of the Medved property when a building permit for the western parcel is issued. 1998: As part of the PBG review for a permanent dealership on 11201 W. 1,70 Frontage Road, street construction plans for 50th A venue were reviewed and it was mdicated that these improvements should be completed on both lots connectmg to Parfet prior to issuance of a C.O. The street extension was needed as the plan relied on 50th A venue for the unloading of vehicles on the north end. The plan was approved by City Council on July 13 but was reconsidered at the next meetmg (July 27). The reconSideration allowed construction of a cul-de-sac off 50th on the north side of the property (in lieu of full street extension) with the vacation of the southern 10' of that right,of-way. Further, that the designation for 50th be changed from an arterial to a collector and that 50th Avenue would only be completed If and when the residential properties to the east on Parfet are developed for industrial or commerCial uses. 2000: The new Comprehensive Plan is adopted. The connectIOn of 50th A venue between Parfet and Oak Street is deleted on the Roadway Classification Map. 2003: During the final development plan and plat hearings for Case No. WZ-03-08 (Hoss PID), Public Works requested a 25' wide dedication for 50th Avenue extendin~ west from Oak Street. The purpose was to reserve one,half of the right,of-way width in the event 50 is extended from Oak Street to partet. ThiS condition was not included in the motion for approval and no right-of,way dedication occurred. Planning Commission WZ-05-05/Bear Land Holdings 7 Staff feels the construction of W. 50th A venue between Oak Street and Parfet IS still critical. Not only would it allow a secondary access route through this mdustrial area but could also be used as a channel for the Columbme Basin dramageway improvements. Staff will be recommending the dedication of nght,of,way at the time of final development plan and plat approval. VII. NEIGHBORHOOD MEETING A meetmg for neighborhood input was held on May 18, 2004 (Exhibit 6, Neighborhood Meeting Recap and Exhibit 7, Attendance List). VIII. AGENCY REFERRALS All affected service agencies were contacted regardmg the ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Arvada Fire Protection District: AFPD expressed concern regarding life safety and fire department access due to the congestion on Parfet Street by employee parking. They are strongly recommendmg that any land use approvals be conSidered to rebeve this parkIng congestIOn Ditch Companies: The three affected ditch companies want to review changes to the current ditch configuratIOns as part of the final development plan and plat process. Valley Water District: Valley Water District has adequate capacity to serve the proJect. Additional water main lines, fire hydrants or fire spnnkler lines may be needed. Urban Drainage and Flood Control District: UDFCD does not usually obJect to zone changes, but has concerns With this one. The preliminary drainage information provided deViates from the approved Columbine Basin Outfall Systems Plan. They would prefer to have an open channel system and are not sure this can be accommodated with the mtensity of the development being proposed. Public Works Department: The Public Works Department has reViewed preliminary drainage and traffic information. They have requested additional information be provided at the time of final development plan and plat. This would include a Traffic Impact Study analyzing the proposed affect on 1,70 Frontage Road North. Public Works recommends future construction ofW. 50th Avenue, and that suffiCient nght,of,way be dedicated at the time of final development plan and plat. In regards to storm sewer Issues, Public Works will reqUire sufficient nght-of,way to construct the drainage facilities as descnbed in the Columbine Basin, Outfall Systems Planning. Construction of the facilities will be reqUired at the time of construction of the Autoplex expansion. The proposed development Will reqUire extension of the Arvada Channel from Miller Street to Oak Street to service the property. The City may assist Medved m the construction of the Arvada Channel by partiCipating in partial reimbursement if necessary. Extension of the Arvada Channel from Oak Street to Parfet may also be reqUired to service the proposed expansion development and/or the eXisting Medved Autoplex. IX. FINDINGS OF FACT/RECOMMENDED CONDITIONS Staff has made the following findmgs of fact. Planning Commission WZ-05-05/Bear Land Holdings 8 1. The maJonty of the property under consideration was rezoned from A-I to C-l in 1986. 2. The design parameters shown are generally consistent with the C-l zone district regulations. 3 The proposed document meets all requirements for a Planned Commercial Development Outhne Development Plan. 4 There has been a change In character in the area as eVIdenced by new commercial development occumng to the west of the property In the past seven years, an approved rezoning to PID to the north of the property in 2002, and construction of a major commercial center at 50th and KIpling. 5. Although not III conformance with the Comprehensive Plan designatIOn, the deSIgnatIOn of Agricultural Estate Residential did not acknowledge the presence of commercial zoning on the property Large lot reSidential development IS inconSistent with the trend of commerCial and industrial development in the area. 6. A majority of the property is already zoned commercIally. The proposed zone change is compatible with the surround area and there will be minimal adverse impacts. 7 There will be economic benefits to the community denved from the zone change 8. Adequate infrastructure is available to serve the proposed development. 9. The change of zone will not adversely affect the public health, safety or welfare. lO. The change of zone will not create an isolated zone district. Staff would suggest the following conditIOns be included In a motion for recommendation of approval: I All parking for the Medved Autoplex (all three parcels) shall be accommodated on site There shall be no exceptIOns. 2 Lighting shall be designed and located such that there shall be no light trespass onto adjacent properties or streets from pole mounted lights, wall mounted hghts and lighted signs. 3. Adequate right,of,way dedications for Oak Street, W. 50th Avenue and Columbine Basin storm water drainage facilities occur at the time of final development plan and plat. X. SUGGESTED MOTIONS: Option A: "} move to recommend APPROVAL of Case No. WZ-05,05, a request for approval of a zone change from Agriculture-One and Commercial,One to Planned CommerCial Development and for approval of an Outline Development Plan for properties located at 4900 and 4990 Parfet Street: 1. The majonty of the property under consideratIOn was zoned from A,1 to C,l III 1986. 2. The design parameters shown are generally consistent with the C,l zone district. 3 The proposed document meets all reqUIrements for a Planned Commercial Development Outline Development Plan. 4 There has been a change in character in the area as eVidenced by new commercial development occurring to the west of the property in the past seven years, an approved rezoning to Pill to the north of the property in 2002, and construction of a major commercial center at 50th and KiplIng. 5 Although not in conformance with the Comprehensive Plan designation, the designation of Agncultural Estate Residential did not acknowledge the presence of commerCial zoning on the property. Large lot residentIal development is inconsistent with the trend of commercial and industrial development in the area. Planning Commission WZ-05-05/Bear Land Holdings 9 6 A maJonty of the property is already zoned commercially. The proposed zone change IS compatible with the surround area and there will be minimal adverse impacts. 7. There will be economic benefits to the community derived from the zone change 8. Adequate infrastructure is available to serve the proposed development. 9. The change of zone will not adversely affect the public health, safety or welfare. 10 The change of zone will not create an isolated zone dlstnct. With the following conditions 1. All parking for the Medved Autoplex (all three parcels) shall be accommodated on site. There shall be no exceptions. 2. Lighting shall be designed and located such that there shall be no light trespass onto adjacent properties or streets from pole mounted lights, wall mounted lights and lighted signs. 3. Adequate right,of,way dedications for Oak Street, W. 50th Avenue and Columbllle Basin storm water dram age faCIlities shall occur at the time of final development plan and plat." Option B: "I move to recommend DENIAL of Case No. WZ-05-05, a request for approval of a zone change from Agnculture,One and Commercial-One to Planned Commercial Development and for approval of an Outline Development Plan for properties located at 4900 and 4990 Parfet Street: 1 The proposed commercial zone change is inconsistent with the Agriculture/Estate ReSidential designation on the Comprehensive Plan. 2. The proposed commercial development could be incompatible With the eXlstmg residences to the north. 3 There are regIOnal drainage Issues affecting the property which are unresolved." Planning Commission WZ-OS-05/Bear Land Holdings 10 INTRODUCED BY COUNCIL MEMBER Council Bill No. 11-2005 Ordinance No. Series of 2005 AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM A-I, AGRICULTURE-ONE AND C-I, COMMERCIAL-ONE TO PLANNED COMMERCIAL DEVELOPEMENT AND FOR APPRO V AL OF AN OUTLINE DEVELOPEMENT PLAN FOR PROPERTY LOCATED AT 4900 AND 4990 P ARFET STREET (CASE NO. WZ-05-05) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT Section 1. Upon application by Michael G. Pharo Associates for Bear Land Holdings, approval of a zone change from A-I, Agriculture-One and C-l, Commercial-One to Planned Commercial Development and for approval of an Outlme Development Plan for property located at 4900 and 4990 Parfet Street and pursuant to the findings made based on testimony and eVidence presented at a public hearing before the Wheat Ridge City Council, a zone change and Outline Development Plan are approved for the following described land: PARCEL A: A TRACT OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 16; THENCE NORTH 00001 '12" EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16,448.01 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THE DENVER AND NORTHWESTERN RAILROAD COMPANY RIGHT-OF- WAY AS RECORDED IN BOOK 126 AT PAGE 583 IN THE CLERK AND RECORDER'S OFFICE OF JEFFERSON COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 74007'34" WEST ALONG SAID RIGHT, OF-WAY, 549.56 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF P ARFET STREET AS RECORDED IN BOOK 155 AT PAGE 424 IN THE CLERK AND RECORDER'S OFFICE OF JEFFERSON COUNTY, THENCE NORTH 00004'24" WEST ALONG SAID EASTERLY RIGHT-OF-WAY, 96 86 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID DENVER AND NORTHWESTERN RAILROAD COMPANY RIGHT-OF-WAY; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY OF PARFET STREET NORTH 00006'56" WEST, 633.78 FEET TO A POINT BEING 247.50 FEET SOUTHERL Y OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE ATTACHMENT 2 SOUTHWEST QUARTER OF SECTION 16, THENCE NORTH 89043'46" EAST, PARALLEL WITH AND 247.50 FEET DISTANT WHEN MEASURED AT RIGHT ANGLES TO SAID NORTH LINE, 530.21 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16; THENCE SOUTH 00001'12" WEST ALONG SAID EAST LINE, 582.83 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL B THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 528 FEET, MORE OR LESS, TO THE EAST LINE OF PARFET STREET, THENCE SOUTH, ALONG THE EAST LINE OF PARFET STREET, 247.50 FEET; THENCE EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 528 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE NORTH, ALONG SAID EAST LINE, 247.50 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION DESCRIBED IN BOOK 1329 AT PAGE 127 OF THE JEFFERSON COUNTY RECORDS, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change and Outline Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the proVISIOns of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordmance is promulgated under the general police power of the City of Wheat Ridge, that It is promulgated for the health, safety, and welfare of the public and that this ordmance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determmes that the ordinance bears a ratIOnal relatIOn to the proper legislative object sought to be attained. Section 4. Severability If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect applicatIOn to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance IS found to conflict with similar provisions, reqUirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are m 2 eXistence as of the date of adoption of this Ordinance, the provisions, reqUirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on thiS 27th day of June, 2005, ordered published in full in a newspaper of general Circulation m the City of Wheat Ridge and Public Hearing and consideration on final passage set for July 25, 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg 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, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY l51 publicatiOn. 2nd publicatIOn. Wheat Ridge Transcnpt Effective Date' 3 ITEM NO: 5, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: June 27, 2005 TITLE: COUNCIL BILL 12-2005 , AN ORDINANCE AMENDING SECTION 26-204 AND SECTION 26-501 C.4.0F THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES (CASE NO. ZOA 05-01) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS [8J ORDINANCES FOR 1ST READING (Date' June 11,2005) D ORDINANCES FOR 2ND READING Quasl,Judicial: D [8J Yes No a1lLl 01i-- Community Development Director Cit~4' EXECUTIVE SUMMARY: The zoning and development code reqUires that all parking for commercial uses be located on the lot where the use is located. Some flexibility is provided whereby an owner can arrange to have off-lot parking on an adjacent parcel, if the parcel is properly zoned. Currently, parking for adJacent commercial uses is allowed only in C-1, C,2 and I zone distncts. There are potentially many parkmg resources adjacent to commercial uses that are not zoned C,1, C-2, or 1. ThiS proposed ordinance does three things. I) expands the allowance for off-lot parkmg to the NC and RC zone districts, 2) allows off-lot parking in residential zone districts ONLY where the use is non, residential or quasl'public, and 3) allows off lot parkmg on residentially zoned property by special use If the property IS owned by the adjacent bUSIness owner. The proposed ordInance assists in achieving the Council's goal of being prepared for growth and opportunities by providing flexible means to meet development standards. The ordinance also relates to the goal of redevelopIng Wheat Ridge city center by providing additional flexibility in meeting parking requirements in areas targeted for revitalization, such as the 38th Avenue corridor. \\srv-ci-eng-002\u5ers$\awhite\A1I File51zoning amendmentslShared parkinglCAF 151 reading. doc COMMISSION/BOARD RECOMMENDATION: Planning ComIDlssion heard this request at public hearings on May 5, 2005 and June 2, 2005 and recommended approval with modifications. SectIOn 26-501 C 4 b has been modified per the ComffilsslOn's recommendation. The ordinance allows parking on a residentially zoned parcel by special use if the adjacent business owner also owns the residential parcel. The Planning CommissIOn did not recommend this change, recommending Instead that the planned development regulatIOns be modIfied to allow a request for rezoning to a straight commercial for surface parking. STATEMENT OF THE ISSUES: Parking is one of the difficult development standards to address in revitalizing existing commercial areas in the City. The code requires that all parking be located on the lot where the use IS located. Some flexibility is provided whereby an owner can arrange to have off-lot parking WIth an adjacent use. A parking agreement among the two owners and the City IS required. ThiS agreement is recorded in the real estate records of the County so it becomes binding on the parties. The agreement may be terminated when a use changes, for example, and the off,lot parking is no longer needed. Section 26,501 C 4 b requires the off,lot parking to be located in an area properly zoned for such parking. Currently, parking for adjacent commercial uses IS allowed only In C-1, C-2 and I zone dIStrictS. There are potentially many parking resources adjacent to commerCIal uses that are not zoned C,l, C,2, or I, such as churches and schools. There are also a few mstances where an adjacent parcel could be acquired by a bUSiness owner for parking, but the parcel is zoned residentially, not used for quasi'public or non,residential uses, and would need to be rezoned. To rezone the adjacent parcel requires rezoning to a Planned Commercial District (all rezonIngs for commercial uses require rezoning to planned development, regardless of the size of the parcel), and could take four to SIX months to complete The proposed ordinance modifies the current regulations for parking to provide additional flexibihty in meeting parking requirements. Fewer paved surfaces In the City may result from allOWing this additional flexibility in meeting required parking. AL TERNA TIVES CONSIDERED: Do not modify the regulations. Adopt only some of the modifications. FINANCIAL IMPACT: There is no financial impact to the City of adopting this ordinance. RECOMMENDED MOTION: 12-2005 "I move to approve CounCil Bill on first reading, order it published, set the public \\srv-ei-eng-002\users$\awhite\All FiJes\zoning amendments\Shared parking\CAF 1st reading.doc heanng for Monday, July 11,2005 at 7'00 p.m. III City Council Chambers, and that it take effect 15 days after final publication." "I move to table indefillltely Council Bill 12-2005 Report Prepared by: Alan White, Community Development Director Attachments: 1. Planning CommIssion Memorandum dated April 28, 2005 2. Planning Commission Memorandum dated May 27, 2005 3. Council Bill 12-2005 \\srv-ci-eng-002\users$\awhile\A1l Fl\es\zoning amendments\Shared parkinglCAF 1 sl reading. doc City of Wheat Ridge Community Development Department Memorandum TO: Planning Commission FROM: Alan White, Commumty Development Director SUBJECT: Case NO. ZOA 05,01 DA TE: April 28, 2005 This Case is o Quasi,Judlcial o Legislative Parkmg IS one of the difficult development standards to address III revitahzlllg existing commercial areas III the City The code reqUires that all parkmg be located on the lot where the use is located. Some flexibility IS provided whereby an owner can arrange to have off-lot parking With an adjacent use. A parking agreement among the two owners and the City is required. This agreement is recorded m the real estate records of the County so It becomes blllding on the parties. It may be termlllated if all parties agree. Section 26-501 C.4.b.requires the off-lot parking to be located in an area properly zoned for such parklllg. Currently, parking for adjacent commercial uses IS allowed only III C,l, C,2 and I zone districts. There are potentially many parking resources adjacent to commercial uses that are not zoned C-l, C,2, or I, such as churches and schools. The proposed ordinance change does two things: 1) expands the allowance for off,lot parking to the NC and C zone dIStrictS and 2) allows off,lot parkmg in residential zone districts ONLY where the use IS non,residential or quasi,public. SUGGESTEED MOTION: "I move to recommend approval of Case No. ZOA 05,0 I concerning the location of parking faCilities." ATTACHMENT 1 City of Wheat Ridge Community Development Department Memorandum TO: Planning Commission FROM: Alan White, Commumty Development Director SUBJECT: Case NO ZOA 05-01 DATE: May 27, 2005 This Case is: o Quasl,Judlcial 0' Legislative This ordinance was previously reviewed by Planning Commission and recommended for approval with one change. That change has been incorporated into the ordinance. It is back before you because staff wanted to discuss a possible addition to the ordinance. What If thiS was a scenario: The owner of a bUSiness has purchased a parcel In a reSidential zone dlstnct and wants to use it for parking. It containS no other structure or use. It's within 300 feet of the business. Under the modified regulation, the lot cannot be used for parking for the business because the parcel doesn't contain a non-residential or quasl,public use. The questIOn is. Should the new regulation be modified to accommodate this scenario? If so, suggested language IS shown in the notes column In the ReSidential Table of Uses in the proposed ordinance. SUGGESTEED MOTION: "I move to recommend approval of Case No ZOA 05-01 concerning the locatIOn of parking faCilities with the modificatIOn as proposed by staff " ATTACHMENT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING SECTION 26-204 AND SECTION 26-501 CA.OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LOCATION OF PARKING FACILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. Section 26-204 of the Wheat Ridge Code of Laws is hereby amended as follows: Table of Uses - Residential Uses Notes R,J R,JA R-JB R,JC R,2 R,2A R,3 R,3A Parking of Shall be allowed P P P P P P P P automobiles of only on lots clients, patients containing non- or patrons of residential or adjacent quasi-public commercial or uses, subject to non-residential Section 26-501 C uses 4 Parking of Shall be allowed S S S S S S S S automobiles of on lots adjacent clients, patients to a business or patrons of only if the adjacent business owner commercial uses also owns the adjacent lot Table of Uses - Commercial and Industrial Districts Uses Notes NC RC C,J C,2 I Parking of Subject to Section P P P P P automobiles of 26-501 C 4 clients, patients i:lfHl or patrons ef occupaHts of adjacent commercial or non. residential uses districts ATTACHMENT 3 Section 2. Section 26-501 C 4 of the Wheat Ridge Code of Laws is hereby amended as follows: 4 Location. a. Off street parking facilities for any use shall be provided and located on the same lot as the use or uses they are intended to serve except as provided herein. b If sufficient parking spaces cannot be accommodated on the lot for any use, off,lot parking may be used provided said parking area is wlthm three hundred (300) feet of the nearest point on the structure or use for which the parking IS mtended to serve and the off-lot parking is properly zOfled. a permitted use as listed in the Table of Uses for the zone district in which the off-lot parking will be located. c In situations where off, lot parkmg IS required and the off,lot site IS owned by others, a written agreement between the City, the owner who shall provide the additional parking, and the owner of the property seekmg the parking shall be entered into. Said agreement shall be recorded as a deed restriction and shall specify the number and location of the parking spaces. Approval of said agreement by the City shall consider the impact of the parking on adjacent or nearby residential properties. Said agreement may be terminated only if adequate onsite or offsite parking space is provided through other means as approved by the director of community development. The agreement shall be recorded with the Jefferson County Clerk and Recorder's Office and shall be enforced until all three (3) parties sign a release. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that It IS promulgated for the health, safety, and welfare of the public and that this ordinance IS necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinances Repealed. If any section, subsectIOn or clause of this ordmance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remammg section, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances m conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. ThiS ordmance shall take effect _ days after final publication. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of _ to _ on thiS _ day of ,2005, ordered published m 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 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, thiS _ day of , 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 1st Publication: 2nd Publication. Wheat Ridge Transcript Effective Date: DATE: June 27, 2005 GENERAL AGENDA ITEM COMMENT ROSTER t ANY PERSON MAY SPEAK CONCERNING ANY AGENDA ITEM. EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. ~ THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITTON TO, A IS PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. )i-f Pr;EASE PEINT 111111 ~~ ~~fr(F ~~ "j J ~ NAME , ADDRESS AGENDA ITEM NO. rl Shirl ev ~i( .[)). , 'ff"o( vRe-n e '1<( 9.5-- {).J -a/op"l ita...4't.-t.7t ....... ~ / L-,a'/'Q W,~Zf-..JD AVE -::+f="2- .;; /' K "f " 1;1;5 CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGEJIDA ITEM NO.2. PUBLIC BEARIBG BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. 25-2004 TITLE: COUNCIL BILL 25-2004 -AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY, SETTING SERVICE CHARGES RELATED THERETO; AND PROVIDING FOR THE MANAGEMENT THEREOF, INCLUDING USE OF REVENUES, ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT. j PLEASE PRIR'l' YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED ,. , I CJ .J-i." V v . -.:". " ~ , Ir- ~ . ~~/ " (\ r~ \ ~ - IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.3. PUBLIC BEARIBG BEFORE 'l'BE WHEAT RIDGE CITY COUBCIL CASE NO. COUBCIL BILL BO. TITLE: PUBLIC INPUT FOR 2006 BUDGET PLEASE PRINT YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED ""~ J fcJ., r/ / " /"1 t_ 1/ ,V! \....... V U"--1.. I Cl1L// / { G '\ / (<b~ ~~ , IF YOU HEED MORE ROOM PLEASE SIGH OR BACK OF PAGE I CITIZENS' RIGHT TO SPEAK DATE: l11ne 27. 700S ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS 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. ADDRESS. AND TOPIC OF COMMENT. PLEASE PRINTllllllll NAME ADDRESS TOPIC I ~ . i '. ~ IJC\~,}. "",. ~ q1,h. ",.\1'(. ,.~l~u'!~l'~''''~ 1'~~":...-L~!";rfY~7'1E"JIIlf/'J fvifrlC" '11'2/f-t1 '!t~ ~ . . . "''-,,f'' ;...:,..;.ti:i:~' fL//""c:i'tr}. Jd. tP Iii>. ~~~'''\~rJE'C''frL::I<- '7;::''77"' e.,..j.~~. ~.> fw;~U?c."l~- l-'4{)Ij(;~fiJ#~d:b ~ "hl/ ( , S~;;tJA G~ >;/P .~