HomeMy WebLinkAbout09/12/2005
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 12. 2005
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF August 22. 2005
PROCLAMATIONS AND CEREMONIES
Stepfamily Day, September 16, 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 AGENDA
A. Right of Way Acquisition for Reed Street.
B City Council Appointment to Colorado Municipal League Policy
Committee
C Award ITB-05-35 Clear Creek Trail Reconstruction in an amount not to
exceed $316,360.95
D Award ITB-05-25 Randall Park Improvements and Tabor Pond Bank
Stabilization in an amount not to exceed $159,556
E. Approval of the 2005 Microsoft Enterprise Agreement in the amount of
$62,88748
F Approval of an upgrade to the Computer Aided Dispatch (CAD) and
Record Management System (RMS) in the amount of $102,14400
CITY COUNCIL AGENDA. SEPTEMBER 12, 2005
Page -2-
ORDINANCES ON FIRST READING
Item 2.
COUNCIL BILL 15-2005 - AN ORDINANCE AMENDING CHAPTER 2
AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO PLANNING COMMISSION'S ROLES IN VARIOUS
LAND USE PROCESSES AND APPEALS OF CERTAIN PLANNING
COMMISSION DECISIONS
COUNCIL BILL 16-2005 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF REZONING FROM PLANNED INDUSTRIAL
DEVELOPMENT (PID) AND INDUSTRIAL (I) TO PLANNED MIXED USE
DISTRICT (PMUD) FOR PROPERTY LOCATED AT 5060 WARD ROAD,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO
(CASE NO WZ-05-07) (IBC HOLDINGS)
DECISIONS, RESOLUTIONS. AND MOTIONS
Item 3.
Item 4.
RESOLUTION 40-2005 - RESOLUTION OF SUPPORT FOR
REFERENCDA C & D
CITY MANAGER'S MATTERS
-
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
AUQust 22, 2005
Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m Councilmembers
present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang,
and Mike Stites. Larry Schulz was absent. Also present: Deputy City Clerk, Christa Jones,
City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Parks & Recreation, Joyce
Manwaring, Police Chief, Dan Brennan, Commander Joe Cassa, and interested citizens
APPROVAL OF MINUTES OF AUQust 8. 2005
Motion by Mr DiTullio for the approval of the Minutes of August 8, 2005, seconded by Mrs
Sang, carried 7-0
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny and Steve Keller from the Wheat Ridge Carnation Festival Committee
presented various awards for Parade entries.
CITIZENS' RIGHT TO SPEAK
Laura Leprino from Congressman Beauprez' office, invited everybody to a breakfast
with the Congressman on September 12, 7 00 a m at Copperfields
Lee Callas from the Wheat Ridge Historical Society, gave background and update on
the restoration of the Baugh property
Bill Peterson, 6601 West 26th Avenue, read a letter praising Jerry DiTullio's work as
Councilmember for District I and endorsed him for Mayor
Item 1.
Consent Aqenda:
A. AWARD ITB-05-31 POLICE EVIDENCE STORAGE BUILDING
B RESOLUTION 44-2005 - A RESOLUTION AMENDING THE FISCAL
YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
C RESOLUTION 43-2005 - A RESOLUTION AMENDING THE FISCAL
YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE
BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST GRANT
CITY COUNCIL MINUTES: August 22, 2005
Page -2-
D RESOLUTION 40-2005 - A RESOLUTION AMENDING THE FISCAL
YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE
APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN
THE AMOUNT OF $3,00000 FOR ANNUAL APPRECIATION
DINNER.
Consent Agenda was introduced and read by Mrs Adams
Motion by Mrs Adams for approval of the Consent Agenda, seconded by Mr Stites,
carried 7-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 13-2005 - AN ORDINANCE APPROVING THE GRANT
OF AN EASEMENT THROUGH OPEN SPACE TO DENVER WATER
DEPARTMENT
Council Bill 13-2005 was introduced on second reading by Mrs. Adams Deputy City
Clerk, Christa Jones, assigned Ordinance No 1350
Joyce Manwaring presented the staff report.
Motion by Mrs Adams to approve Council Bill 13-2005 (Ordinance No 1350) and that it
take effect 15 days after final publication, seconded by Mr Stites, carried 7-0
Item 3.
COUNCIL BILL 14-2005 - AN ORDINANCE SUBMITTING A PROPOSED
AMENDMENT TO THE WHEAT RIDGE HOME RULE CHARTER TO
THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION
16 8(b), CONCERNING PUBLICATION OF NOTICES OF SPECIAL
MEETINGS AND ORDINANCES
Council Bill 14-2005 was introduced on second reading by Mrs Sang Deputy City
Clerk, Christa Jones, assigned Ordinance No 1351
Jerry Dahl presented the staff report.
Motion by Mrs Sang to approve Council Bill 14-2005 (Ordinance No 1351) and that it
take effect 15 days after final publication, seconded by Mrs Rotola, carried 7-0
CITY COUNCIL MINUTES: August 22, 2005
Page -3-
DECISIONS. RESOLUTIONS AND MOTIONS
Item 4.
RESOLUTION 42-2005 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE WEST
METRO FIRE PROTECTION DISTRICT, WHEAT RIDGE FIRE
PROTECTION DISTRICT AND THE CITY OF WHEAT RIDGE TO
COMBINE COMMUNICATION RESOURCES
Resolution 42-2005 was introduced by Mr Gokey
Motion by Mr Gokey to approve Resolution 42-2005, seconded by Mr DiTullio and Mrs
Sang
Commander Cassa presented the staff report and introduced Division Chief, Mark
Krapf, from West Metro Fire District, and Chief Payne from the Wheat Ridge Fire
Protection District.
Motion carried 7-0
Item 5.
DISTRICT I APPOINTMENT TO THE LIQUOR AUTHORITY
Motion by Mr DiTullio to appoint David Berry to the District I vacancy on the Liquor
Authority, term to expire March 2, 2006, seconded by Mrs Sang, carried 7-0
CITY MANAGER'S MATTERS
Mr Young gave update on the third Open House for the Cabelas/Coors project. There
was positive feedback from most of those in attendance There will be several more
meetings as we go into the next phase of this There is a tentative meeting with COOT
in September Council will be informed as soon as a date if confirmed
ELECTED OFFICIALS' MATTERS
Mayor Cerveny announced that Jean Fields had died last Saturday Jean Fields was a
former City Councilmember from District I and spearheaded having the All Veterans
Memorial Gazebo built outside City Hall, as well as initiating the Veterans bricks
program
Councilmembers expressed their condolences to the Fields family They also praised
and thanked the many participants in the Wheat Ridge Carnation Festival and Parade
CITY COUNCIL MINUTES: August 22, 2005
Page -4-
Motion by Mrs Rotola to cancel the September 5, 2005 Study Session It falls on a City
holiday (Labor Day), seconded by Mrs Sang, carried 6-1 with Mr Gokey voting no
Meeting adjourned at 8 00 p m.
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Christa Jones, Deputy, City Clerk
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APPROVED BY CITY COUNCIL ON SEPTEMBER 12, 2005 BY A VOTE OF _ to _
Lena Rotola, Council President
The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members Tape recordings and video recordings of the meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions
ITEM NO. ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE'
September 12, 2005
TITLE:
RIGHT OF WAY ACQUISITION FOR REED STREET
o PUBLIC HEARING
IZI BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR I ST READING (Date: _)
o ORDINANCES FOR 2ND READING
QuasI-JudICIal:
IZI
No
Tim Paranto, nectar of Public Works
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Ikh~ City Manager
EXECUTIVE SUMMARY:
__ Patrick Hyland has agreed to Quit Claim 10 feet of street right-of-way along a lot at 2901 Reed Street
in conjunctIOn with the construction of a new house. The addItional right-of-way will provide the
standard 50 foot street WIdth at this location.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
Dunng the review of a bUIlding permIt application for a new home at 290 I Reed Street, the property
owner agreed to adjust the irregular property lme along the street. There IS a portIOn of the frontage
that had a 15 foot street dedIcation, whIle the remainder had a standard 25 foot dedIcation.
AL TERNA TIVES CONSIDERED:
Continue existing IrregularIty concernmg the Reed Street nght-of-way at this property
FINANCIAL IMPACT:
Approval of this Right-of-Way will cost the City $1 00.
RECOMMENDED MOTION:
"I move to accept the RIght -of-Way dedication for Reed Street as described III the Quit Claim Deed."
or,
"I move to deny acceptance of the Right-of- Way dedication for the following reason(s)
"
Report Prepared by'
RevIewed by:
Tim Paranto
Patrick Goff
Attachments:
I. QUIt Claim Deed
2. Vicinity Map
050912 Reed St Dedication
Location: 290l Reed St.
Wheat Ridge. CO 80033
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS, that Patrick C. Hyland, whose address is 10403 W. 44th
Ave., Wheat Ridge, County of Jefferson, State of Colorado, 80033, for the consideration of ONE and
00/100 ($1.00), in hand paid, acceptance, sufficiency, and receipt of which is hereby acknowledged, do
hereby remise, release, sell, convey and QUIT CLAIM unto the City of Wheat Ridge, a municipal
corporation in the State of Colorado, whose address is 7500 West 29th Avenue, Wheat Ridge, County of
Jefferson, State of Colorado, 80033, its successors and assigns, forever, all the right, title, interest, claim
and demand which the Grantor has in and to the following real property, in the City of Wheat Ridge,
County of Jefferson, State of Colorado, to wit:
A tract ofland lying in the SEV. of Section 26, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, as described at
Reception Number Fl902102, in the official records of the County of Jefferson, State of
Colorado, more particuJarly described as follows:
The east 10 feet of the following described parcel:
Beginning at a point which is 15 feet West and 120 feet North of the southeast corner of Lot 3,
Block 2, Barth's Subdivision; thence North a distance of30 feet; thence West a distance of 10
feet; thence North a distance of II feet; thence West a distance of 101 feet; thence South a
distance of 41 feet; thence East a distance of III feet to the point of beginning, City of Wheat
Ridge, County of Jefferson, State of Colorado.
Said tract containing 300 square feet (0.007 acres) more or less.
Said tract to be used as: Right-of-Way
Also known by street and number as: 2901 Reed Street, Wheat Ridge, Colorado, 80033
With all its appurtenances, and do quit-claim any interest to the same subject to easements, rights of way
and restrictions of record, if any
K::7,""r ~,
Patrick C. Hyland, Grantor
STATE OF COLORADO
)
)SS.
)
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this!l day of Atuj....sT, 2005 by Patrick C.
Hyland.
My commission expires: ~, ceo ') Witness my hand and official seal.
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D. Wiseman, P.L.S., and is not to be construed as representing a monumented.land
ATTACHMENT 1
ITEM NO: ~ I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
September 12, 2005
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TITLE:
CITY COUNCIL APPOINTMENT TO COLORADO
MUNICIPAL LEAGUE POLICY COMMITTEE
D PUBLIC HEARING
IZl BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date' _)
D ORDINANCES FOR 2ND READING
Quasi-JudIcIal'
D
Yes
IZl
No
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Deputy City Manager
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CIty Clerk
EXECUTIVE SUMMARY:
The Mayor and City Manager receIved a memorandum dated August 1 0,2005 (see attachment) from
Sam Mamet, Associate Director of the Colorado MUnIcipal League, regardmg a call for appomtments
to the 2005-06 Policy Committee. The League has asked that the appointment be made by September
19, 2005. The Policy Committee sets the policy agenda for the Colorado MuniCIpal League.
Appointments are made each fall and members serve for one (1) year.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The Policy Committee meets three tImes a year, with the first meeting set for Tuesday, November 15'
2005, and subsequent meetings in the spnng. The meeting is during the day, and the appomtment may
be elected, appointed, or a staff member The committee determmed the policy agenda for the
Municipal League including such topics as local control, transportation, tax policy, etc. Attached
please find the current CML Policy Agenda. At the August 15th, 2005 Study SeSSIOn an announcement
and call for letters of interest was made. The Office of the Mayor and City CounCIl received one letter
of interest from Councilor Karen Berry If an appointment IS not made, the CIty of Wheat Ridge will
not have representation or a vote on the Policy Committee.
AL TERNA TIVES CONSIDERED:
Do not make the appomtment.
FINANCIAL IMP ACT:
N/A
RECOMMENDED MOTION:
"I move to appoint Karen Berry to the Colorado MuniCIpal League 2005-06 Policy Committee for the
term of one year "
or,
"I
move
to
deny
the
appointment
for
the
following
reasons
"
Attachments:
1. Memorandum from CML Associate DIrector Sam Mamet.
2. Karen Berry Memorandum ofInterest.
3 CML Policy Agenda.
Report Prepared by' Pam Anderson, City Clerk
ReViewed by: Patrick Goff, Deputy City Manager
CML
1"11111:'" IIIIMmllH I :J.,.. :t"1H 1I::a
1144 Sherman Street. Denver Colorado 80203-2207 . Phone (303)831-6411. Fax (303)860-8175 . e-mail cml@cml.org
TO:
Mayors and Managers (and Clerks in Municipalities That Have No
Manager) of Member Municipalities
FROM:
Sam Mamet, Associate Director
SUBJECT
Appointment to CML's 2005-06 Policy Committee
DATE:
August 10, 2005
It is again time to make appointments to the League Policy Committee. Each member
municipality of the League is entitled to designate a representative, and all cities over
100,000 are entitled to designate two representatives. In addition, all Section Chairs
and District Presidents are automatically appointed as members of the Committee.
Appointments to the Policy Committee are made each fall, and members serve for a
one year period.
The Policy Committee is responsible for reviewing legislative proposals and
recommending to the League Executive Board positions of support, opposition, no
position, or amendment to a wide variety of legislation affecting cities and towns. The
Policy Committee also proposes to the membership at each annual conference in June
revisions to the League's Policy Statements that guide League positions on public
policy issues affecting municipalities.
The Committee normally meets three times a year - before and during the legislative
session as well as prior to the annual conference Meetings are held in Denver, usually
from 10'00 8..m to early afternoon The first meeting will be held at CML's office on
Tuesday, November 15. The meeting held during the legislative session will be held
Thursday, February 16_ A final meeting will be scheduled for next May
If your municipality desires representation during 2005-06 on this Committee, please
appoint an official - elected, appointed, or an employee - who will be willing to take
the time and effort to serve Please return the postcard (enclosed with the memo being
mailed to the manager or clerk) or e-mail your representative's name to Barb Major
(bmajor@cml.org) by September 19 Notice of the November meeting and background
information will be sent to Committee members several days before the meeting
ATTACHMENT 1
C:\BARB\WP FileslPolicy Committee\Policy Committee Appointment Memo.wpd
- ---------- -_._...._-----~~...~-_. -----_.--...__.._~----~---
~-----------.-~- -~-~---_._-~-
INTEROFFICE MEMORANDUM
TO: 1'\\1 \",DEKSO]'\, CITY CLERK
FROM: KAREN RERR\
SUBJECT C\IL P( lUCY CO;'vl;\lITfEE
DATE: 9/6/2005
cc: LENA R( nO! \, COl\],\CIL PRESIDENT
Pam:
Please accept this memo as my request for reappomtment to the Colorado MuniCipal League
Policy Committee, I fmd the local, regional, and stateWlde Issues discussed by the comnuttee
mteresting and of great importance to 'W'heat R.1dge. I would consider it an honor to represent the
city on the comnuttee for the 2006 Legislative SeSSlOn,
Smcerely
,
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~-
Karen A. Berry
ATTACHMENT 2
rI--'- tr::~
2005.2006 Summary Policy Statement
As adopted by the membership at the
Annual Business Meeting
Local control and home rule
In order to consider local condi-
tions and address local desires, com-
munity issues and needs should be
addressed locally
State and federal government
interference can undermine home
rule and local control. Therefore, the
League:
. Urges state and federal officials
to respect Colorado's tradition of
local control and allow municipal
officials to address local problems
without interference from the state
and fed-
eral gov-
ernment.
. Sup-
ports s tate
enabling
legislation
that pro-
vides
municipalities with authority and
flexibility to address local needs.
. Recognizes the desire of the cit-
Izens statewide and III local commu-
nities, with adoption of a constitu-
tIOnal amendment III 1902 and
expanded amendments approved III
1912 and 1970, to establish mUl11CI-
pal home rule, and opposes state
actIOn that attempts to weaken home
rule authonty and flexibility
. Urges Congress and the Execu-
tive Branch to respect the roles and
responsibilities of states and local
governments and Similarly urges
state offiCials to avoid preempting
local authonty
I ntergovernmental cooperation
Citizens are best served when
offiCIals of federal, state and local
August 2005
government (mcluding mUTIlclpah-
hes, counties, speCIal dlstncts and
school dlstncts) respect the roles of
cach cntity and work toward com-
mon solutIOns. Therefore, the
League'
. Supports mcreased dialogue and
cooperation among federal, state and
local offiCials and the development
of cooperative intergovernmental
solutIOns to common problems.
State and federal mandates
Programs and regulations man-
dated by the state or federal govern-
ment stretch the financial resources
of mUTIlClpalities.
These costs, if not paid by the
state or federal government, prevent
mumclpahties from fulfilling local
needs and priorities.
Therefore, the League:
. Opposes unfunded state and
federal mandates that impose finan-
Cial burdens on municipalihes and
their clhzens,
State fiscal fair play
Municipal finances are closely
interrelated with state finances and
state pohcIes, State adherence to fis-
cal fair play policies will greatly
help municipahhes and their citi-
zens, Therefore, the League:
. Opposes state-granted exemp-
hons or other state actIOns that erode
municipal sales, use, property and
other revenues unless the state pro-
vides adequate replacement rev-
enues.
. Supports appropnate action to
address the state and local financial
cnses caused by the interaction of
various conshtutional amendments
and the economy
. Supports continued state shar-
ing with municipahties of eqUitable
portIOns of eXisting and future rev-
enues derived from traditional state-
collected, mumclpally-shared
sources.
. Opposes disproportIOnate cuts
in state programs that benefit mumc-
ipahtJes,
. Urges the state to avoid or exer-
cise restramt m relying on fees,
charges and other cash funding of
programs that affect municipahhes,
espeCially in
the areas of
technical
assistance,
m programs
where
municipal!
participation
is mandated
by state law and m rcgulatory pro-
grams that affect municipalihes.
. Opposes the state utilizing local
funds or requiring local governments
to collect state revenues in order to
fund state programs,
. Opposes the appropriatIOn of
energy impact and mineral lease
funds, his ton cally sct aSide for local
govenunents, to finance state pro-
grams and admullstrative costs of
state government.
Sales and use taxes
The pnmary revenue sources for
muniCipalities are local sales and use
taxes, StateWide, mumcipalitles gen-
erate more than $5 in these taxes to
every $1 of property taxes. Sales and
use taxes have enabled municipali-
hes to fund public services and
Improvements and keep municipal
property taxes relatively low Appro-
pnate actions at federal, state and
local levels will preserve or enhance
these local revcnues, Therefore, the
League'
Continued on page 7 ~
ATTACHMENT 3
5
('o/71inuedji'Oll1 page 5
. Supports retentIOn of the
authonty for all mUnICIpalities to sct
local tax rates and for home rule
mumcipalitlcs to collect their own
taxcs and detcrmine their own tax
bascs.
. Opposes further rcductlOns m
state and local salcs and use tax
bascs.
. Supports broadening the state
sales and usc tax base.
. Supports appropnate legIslation
or court actIOn allowing state and
local governments to reqUIre busi-
nesses to collect state and local sales
and use taxes on remote sales,
. Opposes legislatIOn that would
preempt the authority of state and
local governments to apply their
sales and use taxes to remote sales.
. Supports cooperatIve efforts
among municipalities to standardize
mUlllClpal sales and use tax practices
and utihzation of technology for the
convemence of taxpayers, the busI-
ness community and municipahties,
Transportation
The single most important mfra-
structure need for many communi-
ties across Colorado IS transporta-
tion, In some arcas It IS repair or
constructIOn of hIghways, streets and
roads that IS the pnority, while 111
others the need mcludcs alternative
modcs of transportation. Mumclpali-
tIes badly
need
mcreased
funding.
Colorado's
interre-
lated sys-
temof
state high-
ways, mUnIcipal streets and county
roads and the state's control of all
highway uscr funds underscores the
need for state government to share
August 2005
1I1crcascd revcnues WIth mUll1cipah-
tIes and countles. Therefore, the
League.
. Supports preservatIOn of current
hIghway user tax revenues and pro-
VIsion of increased funds to finance
pressing multI-modal transportation
needs as long as new revenues are
shared with mumcipahties to address
their local needs,
Municipal development and
land use
Land use dcclsions most directly
affect local residents and tradItion-
ally have been reserved for mUnIci-
pal and
county
officials.
Local
govern-
ments
need the
finanCIal
tools to
allow growth to pay its way Also, as
growth occurs, muniCIpal boundaries
need to grow as the urban area
grows, Therefore, the League
. Supports local detern1mation of
land use deCIsions and opposes state
and federal actions interfenng WIth
mUlllclpal authonty concem1l1g land
use regulations, fundl11g sources for
new developments, and annexatIons,
Public employment
Salanes and fringe benefits are
the largest costs ofmumcipal opera-
tIOns. These costs can be controlled
and muniCIpalities operated most
efficiently when the muniCIpality IS
managed at the local level, without
imposition of federal or state
requirements, Therefore, the League
. Opposes state and federal action
interfering with a mumcipality's
ability to detennil1e the terms and
condItIOns of mumcipal cmploy-
mcnt. .
flourish,
O'o-,,'l
Sustainoble
leadership
has a
profound effecl
on project
performonce
and client
sotisfoction,
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sets the
standord,
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Because
the more
you know
The more
you con do,
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I'JOlTE
BEYOND ENGINEEklNG
SU5\ainable Leader>hip SU5\ainable Nolle,
www.nolte.com
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ForI Collins Denver Colorodo Springs
7
ITEM NO: _, \ C I
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE.
September 12,2005
TITLE:
AWARD ITB-05-35 CLEAR CREEK TRAIL RECONSTRUCTION
IN AN AMOUNT NOT TO EXCEED $316,360.95
D PUBLIC HEARING
IZl BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date' _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial.
D
Yes
IZl
No
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AcJi~ City Manager
EXECUTIVE SUMMARY:
Clear Creek Trail Phase III will include trail replacement from Y oungfield Street to West Bridge and
the trail as it travels through lower Prospect Park. The project will also Include improvements to the
41 st and Y oungfield trailhead, redecking of West and Moore Street Bridges and bank stabilization
along the north shore of West Lake. This project is funded with CIty of Wheat Ridge Open Space
funds, a JOInt venture grant from Jefferson County Open Space in the amount of$150,000 and a State
of Colorado Trails grant in the amount of$50,000. The Clear Creek trail is part of the Denver Metro
area trails system and is the main link from Golden to the South Platte and Cherry Creek trail.
On August 25, 2005 SIX bids were receIved. The apparent low bidder was Scott Contracting Inc.,
Golden, Colorado In the total base bId amount of$253,81 0.95. They bid $34,550.00 for bid alternate
1. The combined total amount was $288,360.95 whIch is WIthIn the budget. Staff recommends award
to Scott Contracting Inc., Golden, Colorado based on experience, qualificatIOns and price.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The trail located in the areas listed above are In need of reconstruction. The surface area is In poor
condition and requires dramage repairs. The asphalt trail will be replaced with 10 foot wIde, 6 inch
deep concrete. The north bank of West Lake will also be stabilIzed, and traffic patterns will be
addressed to deter erosion. The trailhead at 41 st and Y oungfield will also receive drainage
improvements and kiosk /sign upgrades. There will be a detour in place at all times.
AL TERNA TIVES CONSIDERED:
To not award the contract for the reconstruction of the Clear Creek TraIl.
FINANCIAL IMP ACT:
The City has applied for and recelved a grant in the amount of $150,000 from the Jefferson County
Open Space Jomt Venture Grant program for the project. The City has also received a grant from
Colorado State Trails program through Great Outdoors Colorado in the amount of$50,000 The City
will be expending approximately $150,000 from the attributable share of city open space funds to
match this grant.
RECOMMENDED MOTION:
"I move to award ITB-05- 35 Clear Creek Trail Reconstruction Phase III to Scott Contracting, Golden,
Colorado in the total amount of$288,360.95 including alternate 1, to be charged to account 32-601-
800-862. I further move to establish a contingency in the amount of $28,000 to be charged account
32-601-800-862."
or,
"I move to deny award ofITB-05-35 Clear Creek Trail Reconstruction Phase III for the following
reason(s) "
Report Prepared by:
Reviewed by:
Joyce Manwaring, Parks and Recreation Director
Linda Trimble, Purchasing and Contracting
Attachments:
1. Bid Tabulation Sheet
050912 eM Phase III Trail 2005
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ATTACHMENT 1
ITEM NO: ~,
REQUEST FOR CITY COUNCIL ACTION
~-~\
-, r~1
COUNCIL MEETING DATE'
September 12,2005
TITLE:
AWARD ITB-05-25 RANDALL PARK IMPROVEMENTS AND
TABOR POND BANK STABILIZATION IN AN AMOUNT NOT TO
EXCEED $159,556
D PUBLIC HEARING
IZl BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date: _)
D ORDINANCES FOR 2ND READING
QuasI-Judicial:
D
Yes
IZl
No
n'k'~~
---------
./
The bid award for park improvements mc1ude the replacement of the retaining wall, hard surface
court, and bleacher pad at Randall Park, located at 41 st and Fenton. The sewer line will also be
replaced. The second part of the project mc1udes repairing and stabilizing the bank of Tabor Pond on
the north west comer
On August 9, 2005 three bids were received. All bids were over budget. The apparent low bidder was
Braaksma-Himme1man Inc., Lakewood, Colorado in the amount of$187, 951 00. Their total amount
was decreased by $42,900.00 as a result of changing from the starburst pIpe method for the samtation
sewer line replacement to the conventional trenching method. The revised total amount is
$145,051 00 which IS within the budget. Staff has revIewed the contractor's experience and
qualifications and recommend award.
COMMISSION/BOARD RECOMMENDA nON:
N/A
ST A TEMENT OF THE ISSUES:
The hard surface court located at Randall Park, 4151 and Fenton is in need of reconstruction. It is
currently in disrepaIr WIth large cracks and crevasses. The past efforts to overlay this court have
resulted in a layer of asphalt, a layer of concrete and court surfacing material. These layers are
delaminating and pulling away at the joints. DemolitIOn of the existing layers of surface will occur
and be replaced with concrete. This reconstruction will also include rebuilding the retaimng wall to
the south whIch is structurally tied to the hard surface court. The project also includes replacement of
the bleacher pad and the addItion of an ADA ramp for accessibility from the east parking lot.
The current sewer line is a clay pipe and IS broken approximately 25 feet out from the building. The
scope of the project includes replacing the entire clay pipe, and mstalling a new connectIOn.
The second portion of the project involves stabilizing the bank of the northwest comer of Tabor Lake,
located in the Greenbelt. A portion of the bank has failed, and in order to reopen the trail around this
lake, the bank of the lake needs to be reconstructed and stabilized by adding material and changing the
slope of the bank.
AL TERNA TIVES CONSIDERED:
To not approve the park Improvements,
FINANCIAL IMP ACT:
Total financial impact of$159,556., the contract award in the amount of$145,051., plus contingency
of $14,505. There WIll be additIOnal landscaping repairs required after the sewer hne replacement is
completed. These repairs will require re-sodding of the trenched area.
RECOMMENDED MOTION:
"I move to award lTB-05-25 Park Improvements Project to Braaksma-Himmelman, Inc., Lakewood,
CO in the total amount of $145,051 00 based on the approval of change order number 1 Project will
be charged to account 54-601-800-877 I further move to approve a contingency amount of
$14,505.00, also be charged to 54-601-800-877."
or,
"I move to deny award ofITB-05-25 Park Improvements Project for the following reason(s)
"
Report Prepared by'
Reviewed by'
Joyce Manwaring, Parks and Recreation
Linda Trimble, Purchasmg and Contracting
Attachments:
1. BId Tabulation Sheet
2. Change Order Number 1
050912 eM Park Improvements Randall and Tabor
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ATTACtlMENT 1
AU~-2B-05 10:09
FROM-
T-625 P 002/003 F-693
~
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l>;ponn1'" o/Publc Wodi>
CITY of WHEAT RIDGE CONTRACT CHANGE ORD
PROJECT NO:
PROJECT TITLE:
CONTRACTOR:
P.o1..oS
CHANGE ORDER NO:
1
2005 Park Improvement projects
Braaksma-Himmelman, Inc
1M following changes are hereby made to the CONTRACT DOCUMENTS:
Item # Pay Item
602 Sanitary Sewer Service
602A Sanitary Sewer Service
Quantity
225
225
Unit
LF
LF
Unit Price
($310.80)
$120.13
ension
($ ,930.00)
$ 7,030.00
Justification:
602 These costs are to eliminate the 225 L.F. of sanita sewer re lacement b
602A is the cost to remove and re lace the 4" sanita
These cost include landsca e restoration
CHANGE to CONTRACT AMOUNT:
Original Contract Amount:
Additions by Prior Change Orders
Deletion by Prior Change Orders
Net AdditionsIDeletions by Prior Change Orders
Change in Percent of Original Contract Amount (Prior Change Orders) 0.00 %
Net Contract Amount (Prior to this Change Order)
Amount of this Change Order
New Contract Amount (Including this Change Order)
New Change in Percent of the Original Contract Amount
Net Change in Percent of the Original Contract Amount
$ 187
$ 0
$ 0
$ 0
51.00
$ 187 51,00
$ (42, 00.00)
$ 145, 51.00
(22.83) %
%
CITY of WHEAT RIDGE CONTRACT CHANGE ORDE
(cont.)
H:\BHI Projects12005 parks lNheatridge\ChangeOrder1.doe 1
ATTACHMENT 2
AUG-Z8-05 10:08
FROM-
T-S25 P 003/003 F-S93
CHANGE to CONTRACT TIME:
Original Contract Working Days 30
Increase of WOrking Days by Prior Change Orders: 0
Decrease of Working Days by Prior Change Orders: 0
Increase of Working Days by this Change Order. 3
Decrease of Working Days by this Change Orders: 0
Net Change in Working Days by Change Orders: 3
Total Contract Working Days: 33
The Date for Completion of All Work is Now:
The Contractor accepts all terms and conditions of this Change Order as full and compl
Claims associated with this Contract and waives any and all other claims for increase in
extension of Contract Time.
Prepared by:
I rlEngtneer
Approval Re<ommended by: <~~!>--=-
~ e rneertog Mana 0
Approval: /~ ~
lie Worl<. OiraClOt
The undersigned Contractor agrees to the changes made by this Change Order.
Company: Braaksma-Himmelman, Inc
Date 8/25/05
Contractor:
8
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Title:
e<.I p0( G(--...
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-
H:\BHI Projecls\2005 parks wheatrtdgeIChangeOrder1.doc 2
te settlement of all
ntract Amount or
61z. ?/o}-
~ /ZOf 105
I I
6? ~-29- S-
ITEM NO I r
~,
REQUEST FOR CITY COUNCIL ACTION
1,,'9$~'
~
IUI
COUNCIL MEETING DATE.
September 12, 2005
TITLE:
APPROVAL OF THE 2005 MICROSOFT ENTERPRISE
AGREEMENT IN THE AMOUNT OF $62,887.48
D PUBLIC HEARING
IZl BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:_)
D ORDINANCES FOR 2ND READING
Quasi-Judicial. D
Yes
_04JTJA~
Deputy City Manager 4'
IZl
No
- aiIudf~
Ac-h~ CIty Manager t .
EXECUTIVE SUMMARY:
Enterprise Agreement (EA) is a program for software licensing which gives Microsoft customers the
abIlity to acqUire Microsoft products WIth a minimum of effort, amortize the cost, and provide extra
free upgrade benefits. The program is for a three or five year agreement at pncing levels we currently
pay. Renewal periods of three or five years are available after the initial agreement at a reduced cost.
Benefits of EA are enumerated on Attachment One. EA includes Software Assurance (SA).
SA provides upgrades to the newest verSIOn of software as it IS released for the duration of the
Agreement. Without SA, a new version of the software must be purchased at full cost when a version
upgrade is desired. Attachment Two lists the benefits of the SA Program.
ProjectIOns have been made based on the premIse that a new version of the Microsoft software
becomes available every two years, which is hlstoncally valid. Under the EA, savings will be realized
in a three year agreement of$38,777 88 or m a five year agreement of$142,749 43. By expanding the
costs of the initial five year agreement and a five year renewal, thIS results in a 10 year savings of
$375,413 14 The spreadsheets incorporated as Attachment Three defines this savings.
In the EA, there IS a 'True Up' provision that is calculated once a year. Usage of additional software
applications are reported and paid for during this period. This simplifies the licensing and
bookkeepmg needed to stay current. Licensing complIance informatIOn is available over the mternet
for ease of admimstratIOn.
From an enterpnse wide informatlon technology standpoint, there are several provisions of the EA
which would make our job easier and keep the CIty of Wheat Ridge wIthin the letter of the lIcensing
regulations. Rollout, maintenance, and management of the City's systems would be streamlined.
From a cost and savings standpomt, I would recommend the five year plan be adopted at a cost of
$62,887.48 per year The Cost DistributlOn as shown in Attachment Three illustrates these costs.
Entenng into this agreement will result in no IT budgetary over runs. We will leverage and use
existmg Microsoft planned purchases wIth other software acquisitIOns to enter mto the Microsoft
Enterprise Agreement.
COMMISSIONIBOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
None
AL TERNA TIVES CONSIDERED:
Current State of Colorado Microsoft Select Licensing Program
FINANCIAL IMP ACT:
Staff recommends purchasing the five year Microsoft Enterprise Agreement in the amount of
$62,887.48 which will save the city $142,749 43 in software licensmg over five years. These funds
are budgeted in the 2005 budget.
RECOMMENDED MOTION:
"I move to approve authorizatIon for the City of Wheat Ridge to enter into an Enterprise Agreement
with the Microsoft Corporation in the amount of $62,887.48 "
or,
"I move to deny authonzation for the City of Wheat Ridge to enter into an Enterprise Agreement with
the Microsoft Corporation for the following reason(s)
Report Prepared by' Michael Steinke, IT Manager
Reviewed by' Patrick Goff, Deputy City Manager
Attachments:
1 Enterprise Agreement (EA) Information
2. Software Agreement (SA) Information
3. Cost Analysis
0509 \ 2 EA Request for Cif'; Council Action-report form
Enterprise Agreement (EA)
. 3 or 5 year agreement
. Current State Select Contract is 'D' Level pricing. Enterprise
Agreement is Level 'D -15%' and also includes support.
. Annualize License and Software Assurance (SA) costs over the length
of the agreement.
. Additional discount of 15% for selecting Desktop Pro (Office Pro,
Windows Operating System, and Core CAL = Desktop Pro)
o Core CAL = Windows CAL, Exchange CAL, System
Management Server CAL, and SharePoint Portal Server CAL
o Synchronized upgrades - simplified licensing
. No product activation
. Secondary use rights
. Downgrade rights
. Additional network deployment tools
. Home use program available
. Employee purchase program available
. E-Ieaming software included
. Free Office Resource Kit
. True up procedure once a year to stay current with licensing
ATTACHMENT 1
Software Assurance (SA)
. New Version Rights DS
. Home Use Program DS
. E-Learning DS
. Problem Resolution Support S
. Tech Net S
. Extended Hot Fix Support S
. Training Vouchers D
. Windows Preinstall environment S
. Corporate Error Reporting DS
. Employee Purchase Plan D
DS = Desktop and/or Server Products
D = Desktop Products
S = Server Products
ATTACHMENT 2
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ITEM NO:
L F,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE'
September 12, 2005
TITLE:
APPROVAL OF AN UPGRADE TO THE COMPUTER AIDED
DISP A TCH AND RECORDS MANAGEMENT SYSTEM IN THE
AMOUNT OF $102,144.00
D PUBLIC HEARING
IZl BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial. D
Yes
, Gi;A~1
Deputy City Manager 'I
IZl
No
~~-e~h!
EXECUTIVE SUMMARY:
The proposed conversion and upgrade of the computer aided dIspatch (CAD), records management
system (RMS), and mobile field reporting Logisys First Report (LFR) offer advantages important to
the police department and public safety The project will cost $102,144.00 of which $102,500.00 has
been approved m the 2005 IT Budget. This package IS all mclusive. It includes hardware, software,
trammg and consulting efforts.
Currently, the CAD and RMS systems are on an older UNIX platform. The conversion is a strategic
move to upgrade to the industry standard Windows platform. This will be advantageous to the City's
Information Technology DiVISIOn to allow for more economIcal costs, significantly improved
hardware processmg power, and allows for support and maintenance to be standardized throughout the
City This is the last system m the City to be UNIX based.
This Microsoft Windows upgrade and conversion will also allow CAD to become an Environmental
Systems Research Institute, Inc (ESRI) based solution. ESRI is an industry standard for Graphical
Information Systems (GIS). It will allow for the mappmg necessary to dIspatch safety servIces more
effectively.
The RMS upgrade WIll proVIde the new state aCCIdent report forms, and the abilIty to VIew or enter
electronic accident diagrams m the station or in the patrol cars. The Logisys First Report (LFR)
upgrade IS phase two of the planned three phases of the mobile field reporting component of the
system. These reports will then be submitted wirelessly to the RMS system savmg time and resources.
Several bug fixes, enhancements and new features WIll be available after the upgrade The
functionality improvements include, but are not limited to.
. Attachment of files to records m RMS
. To Do List.
. Expandmg search capabilIties within RMS (wants/warrants)
. NIBRS Reporting.
. Case Relations improved functionality.
. System Administration & System configuration.
. Report Entry (Narratives).
. RMS Adhoc.
. Wants/Warrants.
. System Security (Le editability, viewmg of juvenile data, expungements, printing via user
manager permIssions)
. SupervIsor Workflow (to include notifications sent to supervisors on "late reports")
. VIN Validation.
. Printing of Notifications now possible.
. Report Packages enhancements.
. Citations (improved search speed).
. Case linking.
. Addition of new fields.
COMMISSION/BOARD RECOMMENDA nON:
None
STATEMENT OF THE ISSUES:
None
AL TERNA nVES CONSIDERED:
Continue to use the existmg UNIX platform.
FINANCIAL IMP ACT:
$102,500 budgeted for 2005 in IT Budget.
RECOMMENDED MOTION:
"I move to approve an upgrade to the Computer Aided Dispatch and Records Management System In
the amount of $1 02, 144 00 "
or,
"I move to deny approval of an upgrade to the Computer Aided Dispatch and Records Management
System for the following reason(s) "
Report Prepared by' Michael Steinke, IT Manager
Reviewed by: Patrick Goff, Deputy City Manager
Attachments:
1 2005 Show Case Plan, ConverSIOn and Upgrade
2. CAD RMS Plan
3 Logisys Quote -Wheat R.J.dge Windows Conversion and Accident
050912 Logisys Request for City CouncIl Action-report form
The 2005 Show Case Plan
Table of Contents
The 2005 Show Case Plan ............................................................................ 1
Time-Line 2005... . .. ....... .... ... ...... ................... ... 1
August . ...... .......... ... ............. ............ . ..... ............. . ...... .. . . 1
September. .. ............................... ...... .. ........... ........ . 1
.. ..... .. ............ .....
October.. ......... ...... ..... ..................... . 2
...... ................ ,. .... ................
November. ............ . ... .. ............... . ...... ................... ....... .......... .. 2
The 2005 Show Case Plan
Notes. CAD/Mobile/SIlent Dispatch, MugShot, LIve Scan, CcrC/NCIC, LFR, Court-
Mum Court, JIS (Juvemle Information System), Mobile Citation, CAD-Map, Property &
Evidence, Scheduling & Traming, False Alarms, FI m LFR, Web Track, Attachments,
Jolene is the RMS consultation. CAD/RMS able to run on same console use dual
monitors, Current version as of 08/10/2005 CAD-4.2.2.2, RMS-4.0 1.2.8, LFR-4.0.1.8 1
Time-Line 2005
August
Week 1 Users Conference
Week 2 Planmng Strategy Session for Show Case Plan 2005.
Week 3 Randy to provide speCIfications for hardware (2 servers & 4 workstatIOns).
IT to order hardware (2 servers & 4 workstations) to be delivered to Logisys or City
of WR. City of WR to compare and create list of issues from release notes and
lobster list for reVIew. RMS 4.1.3.2 to be mstalled on Test Instance at the City of
WR. Project meeting with Logisys m conJunctton with APCO - week of August 22,
2005 Begin Survey.
Week 4 Delivery of Dell Hardware to City of Wheat Ridge. Deri to test RMS
4 1.3.2 to val1date and approve verSIOn to go mto production environment and get
results of survey Evaluation of DB2 upgrade from V 5 to V7 for RMS 4 I to
function.
September
Week 1 DB2 V5 upgraded to V7 RMS 4.1.3.2 mstalled m to Production.
Week 2 Confirm with LOgISYS of version to install on new Servers and WorkstatIOns
(CAD/RMS/LFR). Logisys ships pre-configured Servers and Workstations to City of
ATTACHMENT 1
.. .,. -. , .
WHEA T RIDGE POLICE DEPARTMENT
MEMORANDUM
TO. Mike Steinke, IT Manager
FROM Joe Cassa, Bureau Commander
SUBJECT Logistic Systems Upgrade and platform change
DATE. September 2, 2005 APPROVED
I have reviewed the Logistic Systems conversion and upgrade quote provided by
Mr Randy Keaney The proposed conversion and upgrade of the computer
aided dispatch (CAD), records management system (RMS), and mobile field
reporting (LFR) offer advantages important to the police department.
The move off of the Unix platform onto the industry standard Windows platform
will be advantageous to the City Information Technology Department. This
should also allow for more economical annual maintenance costs, and
significantly improved hardware processing power.
This upgrade will allow CAD to become an ESRI based solution. ESRI is an
industry standard just as Microsoft is The advantage will make map
maintenance easier than what it currently is. The new CAD map display will
provide a central repository/collection point of not only public safety data, but
other data as it is identified to give the communications center personnel instant
access to the most recent information regarding such entities as public works,
power company, planning and zoning, etc.
The RMS upgrade will provide the new state accident report forms, and the
ability to view or enter electronic accident diagrams Another important
advantage will be the ability to submit the state accident reports to the Colorado
Department of Motor Vehicles electronically. In effect, the pencil and template
process will be eliminated to produce more complete, accurate and professional
reports in a shorter period of time A host of improved functionality and new
features will be available in the upgrade The ability to have attachments to police
reports is very important to the police department. The ability to attach
interviews, audio files, photographs, and scanned copies of hand written
documents to existing electronic police reports is expected to improve the current
workflow processes within the department, and better customer service to our
community Other functionality improvements include, but are not limited to, will
be made to'
. To Do List.
. Expanding search capabilities within RMS (wants/warrants)
. NIBRS Reporting
. Case Relations improved functionality
. System Administration & System configuration
. Report Entry (Narratives)
. RMS Adhoc
ATTACHMENT 2
. WantslWarrants
. System Security (i. e editability, viewing of juvenile data,
expungements, printing via user manager permissions)
. Supervisor Workflow (to include notifications sent to supervisors on
"late reports")
. VIN Validation.
. Printing of Notifications now possible.
. Report Packages enhancements
. Citations (improved search speed).
. Case linking.
. Addition of new fields.
The LFR upgrade represents phase two of the planned three phases of the
mobile field reporting component of the system. The upgrade provides for the
ability to complete accident reports and electronic diagrams in the patrol vehicle
These reports will then be directly submitted to the RMS system
Please contact me if you have any questions, or need additional information
Page 2 of2
:~~~ LOGI
~L06ISTIC SYSTEMS. INC
Budgetary Pricing for Wheat Ridge Colorado
Valid for 60 days from September 2, 2005
Conversion to Windows OSI Upgraded Map system/Accidents
Total System Upgrade Prices
CAD Application Software and Interfaces $
CAD Implementation Services $
System Software $
CAD System Subtotal
Hardware Shipping Estimate (LogiSYS to Wheat Ridge)
Total System Upgrade Cost
Travel expenses are not included and will be billed as incurred.
Hardware to be purchased by the client.
First Year License and Maintenance
First year's fees after software installation are included
in total system upgrade price.
Subsequent Years' Annual Software License and Maintenance
NorthStar CAD
Third-Party Workstation System Software
Third-Party Server System Software
ESRI Runtime Licenses
ESRI Arcview
LFR Accident module
Trancite Software ESD
Within version upgrades included
If agency would like to upgrade to next version, then cost
is 50% of current Enterprise License cost.
"Current" cost is based on the current sworn officer count,
not the original price.
Subtotal for Software License and Maintenance
4 $
2 $
7 $
1 $
These fees are in addition to the annual license and
maintenance fees that are already being paid.
24,000.00
41,995.00
9,649.00
$
60 00 $
95 00 $
150 00 $
500 00 $
$
Logistic Systems, Inc,
ATTACHMENT 3
$
$
$
75,644.00
1,500.00
77,144.00
included
2,97000
240 00
190 00
1,050 00
500 00
1,35000
included
$
6,300.00
1 of 4
System Upgrade Quote for Wheat Ridge Police Colorado
9/2/2005
Application Software and Interfaces
NorthStar CAD Map Display 5
includes maintenance machine
Calls for Service and Units Displayed On Screen
Configurable Map Zoom Levels
Raster Image Display
Intelligent Data Layers
Advanced CFS and Unit Labeling
Measuring Tools for Lines, Polygons, and Radius
Advanced 10 and Save Zoom Functions
Object Tips
Map Will Use ESRI Shape files or personal geodatabase generated from "Master" GIS
Support for Satellite, Aerial, or Digital Ortho Images
** Includes ESRI ArcGIS Engine Runtime License.
Upgrade to CAD NorthStar for Small Size Site 1
Support of ESRI Shapefiles and Personal Database,
Support Polygons, Lines and Point files
Support Multiple Landmark layers
Includes copy of ESRI ArcGIS Engine Runtime for Servers
Requires NENA compatible street segments
.. Client will be required to verify and signoff that new GIS validations meets
or exceeds customer requirements. If this does not meet then client can
wait for this to be implemented or fixed in a future release or customer
can cancel NorthStar Upgrade.
.. GIS manipulation will be done by GIS department or with ESRI ArcGIS tools
This include all polygons, lines and point files
Accident Report Entry/Update module
ToDo List
Basic Workflow
Create Accident Skeletons based on CFS
Assign Accident Number via CAD
Entry of accidents reports and diagrams from LFR/RMS
Upload/download of Accident reports to/from LFR/RMS
$ 24,000.00
$ 7,50000
$ 9,000 00
$ 7,50000
Logistic Systems, Inc.
20f4
System Upgrade Quote for Wheat Ridge Police Colorado 9/2/2005
CAD Implementation Services $ 41,995.00
NorthStar/Accident Module Project Administration & Management $ 4,320 00
Statement of Work
Project Implementation Plan
Supervision and Administration
Windows Conversion Project Administration & Management $ 2,40000
Statement of Work
Project Implementation Plan
Supervision and Administration
System Loading and Installation for Conversion 7 $ 5,275 00
Hardware Setup and Testing
Application Software Installation
System Software Installation
Hardware to be purchased by Wheat Ridge and shipped to LogiSYS
LogiSYS will load,configure, test prior to implementation
Logisys will then travel o-site to set up hardware.
The cost of shipping from LogiSYS to Wheat Ridge is included in
total system cost section.
DB2 Data Conversion $ 4,500 00
Convert DB2 Data from AIX to Win2000
No cost to switch AIX DB2 license to Windows2000 DB2 license.
On-Site Visit for Support and Training # Days
On-site visit for Training 9 $ 7,20000
- Agenda to be mutually agreed upon
Subject matter may include conversion training, map training, ESD, etc.
On-site Support for Upgrade to Windows 3 $ 2,40000
Any and all travel, lodging, incidental, and other expenses are the
responsibility of Wheat Ridge and are not included. These
expenses will be billed as incurred.
On-site visit for Site Evaluation per customer request 4 $ 3,200 00
To be conducted approximately 10 days following installation training
Raster Images Registration Services* $ 1,00000
Register Raster Images to Base Centerline Map
This includes 2 levels
Integration of ESD software with LFRJRMS $ 3,50000
Embed Accident diagram within the Colorado Accident Report $ 2,500 00
Loading and Installation 10 $ 1,20000
Application Software Installation
System Software Installation
Logisys will install fa seats of LFR Accident and ESD. Wheat Ridge IT will be trained
to install the remaining seats.
Emulate the NEW Colorado State Accident Report $ 4,500 00
To include supplemental report
To include the fatality accident report
Logistic Systems. Inc,
3 of 4
System Upgrade Quote for Wheat Ridge Police Colorado
System Software
Workstation Software
Third-Party CAD Workstation Software
MKS NuTCracker, Xvision
Includes first-year maintenance
Server Software
Third-Party Server System Software
MKS NuTCracker, Xvision
Additional Software
ESRI ArcView for Map Maintenance
5 $ 366.00 $
2 $ 366 00 $
1 $ 1,320 00 $
**LogiSYS Requires Antivirus Software be installed**
Accident Diagramming Software
Enterprise License
RMS worstation and LFR devices
quote based on 73 sworn officer count
Diagramming Software via Easy Street Draw (Trancite Software)
Logistic Systems. Inc,
9/212005
$ 9,649.00
1,830 00
73200
1,320 00
$
5,76700
4
ITEM NO'
~I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
September 12,2005
TITLE: COUNCIL BILL NO. 15-2005: AN ORDINANCE AMENDING
CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE
OF LAWS PERTAINING TO PLANNING COMMISSION'S ROLE
IN VARIOUS LAND USE PROCESSES AND APPEALS OF
CERTAIN PLANNING COMMISSION DECISIONS
o PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
IZl ORDINANCES FOR 1ST READING
D ORDINANCES FOR 2ND READING
Quasi-Judicial. 0
~~
C8J
No
~o~
IIcJi'Y City Manager
Community Development Director
EXECUTIVE SUMMARY:
Chapters 2 and 26 of the Wheat Ridge Code of Laws prescribe land use case processing procedures,
the Planning Commjssion's role in various processes and the required appeal process for a denial
recommendation. However, Planning Commjssion's role and the appeal requirements vary between
land use processes.
Pursuant to the zoning and development code, a formal appeal of a Planning Commjssion denial
recommendation is required for zone changes, right-of-way vacations, and minor subdivisions without
right-of-way dedications. Land use applications automatically forwarded to City Council upon a
denial recommendation by Planning Commjssion include major subdivisions and minor subdivisions
with right-of-way dedications. Staff recommended changes would provide consistency between
processes.
Staff is recommending that Planning Commjssion be the final authority for non-administrative planned
building group reviews. Appeals would be made to district court. This change requires modification
to Section 26-106 (Review process chart). Typographical errors in the footnotes of the chart were
corrected.
Another component of this ordinance amends Chapter 2 by removmg land use process procedures and
deferring to Chapter 26 for these processes. The special use permit process was modified in 2003 and
was not reflected in this section.
The proposed ordinance assists in achieving the Council's goal of being prepared for growth by
providing more consistent case processing procedures.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission reviewed this case at public hearings held on July 7 and August 4, 2005. Staff s
original recommendations addressed only zone changes. Planning Commission requested that Staff
examine all land use processes.
At the August 4 meeting, a recommendatIOn of approval was made for the following reasons:
1. Planning Commission is llirected to give recommendations to City Council regarding
land use case processing applications.
2. There are inconsistencies in the various land use application processes regarding
appeals to City Council.
3. The applicants pay in advance for the cost of publication and noticing for City Council
public hearings.
4. Various land use application processes have been mollified and are not reflected in 2-60
of the Code of Laws.
There was no testimony from the aullience given at either of these meetings regarlling this code
amendment.
STATEMENT OF THE ISSUES:
Staff is trying to streamline the City's land use case processes. Requiring a formal appeal to be filed
upon Planning Commission denial is just one more burden on the applicant. The applicants pay in
advance for the cost of publication and noticing for City Council public hearings.
AL TERNA TIVES CONSIDERED:
Do not mollify the regulations.
FINANCIAL IMPACT:
There is no financial impact to the City if these code changes are approved.
RECOMMENDED MOTION:
I
"I move to approve on first reading CouncIl Bill No. 15-2005, Case No ZOA-05-02, an ordmance
amending Chapter 2 and Chapter 26 pertaming to Planmng Comrrussion's roles in various land use
case processes and appeals of certain Planmng Commission decisions, ordered published, public
heanng set for September 26, 2005."
OR
"I move to table indefinitely Council Bill No. 15-2005, Case No ZOA-05-02, an ordinance
amending Chapter 2 and Chapter 26 pertaining to Planmng Commission's roles in various land use
case processes and appeals of certain Planning Commission decisions for the following reasons:
1.
2.
3"
Report Prepared by: Meredith Reckert (303-235-2848)
Reviewed by: Alan White
Attachments:
1. Planning Commission memo dated June 29, 2005
2. Planning Commission memo dated July 29,2005
3. Council Bill No 11-2005
cc:
Request for City Council Action-report form
City of Wheat Ridge
CQmmunity Development Department
Memorandum
TO:
FROM:
SUBJECT:
DATE:
Plannmg Commission
Meredith Reckert, Semor Planner
ZOA-OS-02/Private Rezoning appeals
June 29, 2005
Attached is a proposed zoning code amendment initiated by staff relating to Planning Commission
review of private zone changes. Pursuant to Section 26-112 (Private rezoning), if a zone change
application is given a denial recommendation by Planmng Commission, the decision stands. The
case is not forwarded to City Counci.l public hearing unless a formal appeal is filed with the City
Clerk's office within ten working days.
The following is a synopsis of Planning Commission review of the various land use approval
processes and the prescribed process if a denial recommendation is made The application fees paid
by our applicants for all land use applications include the publication and notici.ng cost for City
Council public hearing.
Planned Building Group review: No appeal filing required.
Consolidation plats with site plans: No appeal filing required.
Right of way vacations: Appeal filing required.
City-initiated rezoning: No appeal filing required.
Private rezoning: Appeal filing required.
Minor subdivisions without right-of-way dedication: Appeal filing required.
Minor subdivision with right-of-way dedications: No appeal filing required.
Major subdivision with or without dedications: No appeal filing required.
SUGGESTED MOTION:
"1 move that Case No. ZOA-05-02, a proposed amendment to Section 26-112 (Private rezoning) of
the Wheat Ridge Code of Laws regarding private rezonings, be forwarded to City Council WIth a
recommendation of APPROVAL for the following reasons:
1. Planning Commission is directed to give recommendations to City Council regarding
land use case processing applications.
1
ATTACHMENT 1
2. There are inconsistencies in the various land use applicatlOn processes regarding
appeals to City Council.
3 The applIcants pay III advance for the cost of publIcation and noticing for City
Council public hearings."
2
City Qf Wheat Ridge
Community Development Department
Memorandum
TO:
FROM:
SUBJECT:
DATE:
Planning Commission
Meredith Reckert, Senior Planner
ZOA-05-02/Planning Commission's roles in land use cases
July 29, 2005
At the July 7,2005 meeting, Planning CommissIOn directed staff to create an ordinance which
addresses other of the appeal situations for a denial recommendation by Planning CommissIOn. Staff
was also directed to evaluate needed changes to Section 2-60 so there IS consistency between the two
code sections. The July 7 meeting minutes are attached under Agenda Item 5 of this packet.
Attached is a revised ordinance which includes changes to both code sections (Exhibit 1, ordinance).
Attached also is a modified copy of the land use process chart (Exhibit 2, chart).
The following changes are being recommended for Section 2-60 (Section 1 of the proposed
ordinance).
. Sections a) through c) were modified to extend the review period for Planning Commission
from thirty days to sixty days.
. Section d) was modified by the removal of the portion regarding evaluation of the
Comprehensive Plan relative to zone change decisions. This provision has been added to the
zone change process as new Section H of the zone change process. (See page 4 of the
ordinance) .
. Section e) was removed entirely.
. Section f) (new section e) was modified to refer back to the land use case processes defined
in Chapter 26 The appeal requirement for Planning Commission for denial
recommendations on zone changes was removed.
. Sections g) through n) were removed. Many of the described processes conflict or have been
eliminated by previous code changes to processes in Chapter 26. Staff feels it is more
appropriate to address Planning Commission's roles in the specific land use process sections
of Chapter 26.
. Section 0) (new section f) was simplified by deletion ofthe period for zoning code
amendments.
The following is a synopsis of Planning Commission review of the various land use approval
processes and the prescribed process if a denial recommendation is made. Included in italics are
ATTACHMENT 2
1
staff's recommended changes which have been incorporated into Sections 2 through 4 of the
proposed ordinance (Exhibit 1)
Private rezoning: Appeal filing required. Modified so that zone changes that are denied by
Planning Commission are forwarded to City Council with no formal appeal required.
Planned Building Group review: No appeal filing required. Modified so that Planning
Commission is the sole authority for non-administrative PBG' s or appeals from the administrative
process. Any appeals of Planning Commission's decision go to district court.
Right of way vacations: Appeal filing required. Modified so that R-O- W vacations that are denied
by Planning Commission are forwarded to City Council with no formal appeal required.
Consolidation plats with site plans: No appeal filing required. No changes proposed.
City-initiated rezoning: No appeal filing required. No changes proposed.
Minor subdivisions without right-of-way dedication: Appeal filing required. No changes
proposed.
Minor subdivision with right-of-way dedications: No appeal filing required. No changes
proposed.
Major subdivision with or without dedications: No appeal filing required. No changes
proposed.
The following specific changes are proposed to the processes for zone changes, planned building
group approvals and right-of-way vacation processes as detailed in Exhibit 1. New language is
shown in bold typeface. Deletions are designated with strike throughs.
Private rezonings (Section 2 of proposed ordinance):
. Sections E.and F.: Formal appeal provision removed.
. Section H.: New section removed from 2-60. regarding yearly review of zoning actions in
relation to the Comprehensive Plan designation.
Planned Building Group Plans (Section 3 of proposed ordinance):
. Sections C, D.2, D.3., F and G: Removed references to City Council review.
. Section D.2.: Modified to indicate that Planning Comrmssion review for non-administrative
PBG's or appeals from the administrative approval is final. Appeals would be to district
court.
Right-of-way vacations (Section 4 of the proposed ordinance)
. Sections E and F.: Formal appeal provision removed.
. Section F. Added a provision that right-of-way vacations require a three-fourths vote of
City Council for approval.
. SectIOn G.. Modified the provision that mylars for subdivision plats which vacate right-of-
way must be submitted within 60 days of consistency with other sections of the zoning code.
2
Land Use Process Chart
There are no resultmg changes to the land use process chart due to the proposed ordinance.
However, there is a mistake which is being corrected relative to the review body for non-
admmistrative PBG's. The appropriate reVIew body will be Planning Commission (per staff's
recommended changes), not Urban Renewal Authority as designated in footnote 3. Another typo in
the footnotes will also be corrected.
SUGGESTED MOTION:
"I move that Case No. ZOA-05-02, proposed amendments to Section 2 and SectIOn 26 of the Wheat
Ridge Code of Laws regarding Planning Commission roles in various land use cases and appeals, be
forwarded to City Council with a recommendation of APPROVAL for the following reasons.
1. Planning Commission is directed to give recommendations to City Council regarding
land use case processing applications.
2. There are inconsistencies in the various land use application processes regarding
appeals to City Council.
3. The applicants pay in advance for the cost of publication and noticing for City
Council public hearings.
4. Various land use application processes have been modified and are not reflected in
Section 2-60. of the Code of Laws."
3
INTRODUCED BY COUNCIL MEMBER
Council Bill No. ??-2005
Ordinance No.
Series of 2005
TITLE: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER
26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
PLANNING COMMISSION'S ROLES IN VARIOUS LAND USE
PROCESSES AND APPEALS OF CERTAIN PLANNING COMMISSION
DECISIONS
WHEREAS, the City of Wheat Ridge has adopted legislation pertillning to the
regulatory processes for various land use applications;
WHEREAS, the land use processes vary in the event of a denial recommendation
by Planning Commission;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Section 2-60 of the Wheat Ridge Code of Laws is hereby amended as
follows:
Sec 2-60. Planning commission.
(a) The planning commission shall develop and prepare a master plan for the physical,
economic and social development and continuance of the city. The planning commission shall
hold a public hearing on the plan and make Its recommendations to the city council. The city
council shall adopt and approve the master plan after holding public hearings and shall authorize
the city clerk to have the master plan recorded at the county The master plan shall be called the
"Comprehensive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred
to as "the comprehensive plan." It shall include, but not be limited to, the following: established
character, goals and objectives; population, land use; economic base; public facilities; parks and
open space; transportation; prevention of pollution; and resource conservation.
(b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters
to the comprehensive plan shall be initiated by the planning commission or referred to the
planning commission by the city council for the planning commission's recommendation. No
such amendment shall be final until acted upon by the city council, which may approve, amend
or deny such recommendation in whole or in part following public hearing. The planning
commission shall approve or disapprove amendments to the master plan or comprehensive plan
submitted to it by city council within thirty (30) sixty (60) days after such submission. The date
of submission shall be the date the city council makes its decision to submit the matter to the
EXHIBIT 1
1
planning cormrussion. The approval or disapproval shall be in the form of recommendations to
the city council after all necessary public hearings have been held. Failure to make said wntten
recommendations to city council withm thIrty (30) sixty (60)days shall be deemed a
recommendation for approval without comment to the city council, and a certIficate resolution
to that effect shall be issued by the planning commjssion. upon demand.
(c) The plannmg comrrussion shall approve or disapprove or perform any necessary action
upon any other matter properly referred to it by the city council within thirty (30) sixty (60) days
from the date of the decision to submit the matter to the planning commjssion. Failure to approve
or dIsapprove or to undertake the requested actiVIty within the t!mty sixty (60) day time penod
shall be deemed a recommendation for approval without comment or a referral back to the city
councIl for performance of the requested actiVIty m accordance with established procedures
concerning notice to the general public and public hearings.
(d) The city council may extend the tffit:ty sixty (60) day period based upon a finding that such
extension would serve the best interests of the city. If the planning commission makes a
recommendation for approval of a ch8:flge to a zonmg district which differs signifiGantly from the
comprehensive p18:fl, the pl8:flning Gmnrmssion shall also make a recommendation for amendment
of the comprehensive plan so the proposed zoning change shall fit compatibly into the overall
planning concept of the city.
(e) The city council and the governing bodies of all other goyernmental agencies, and publicly
or priyately owned public utilities, shall refer all matters of capital COf}struction except for city
street maintenance to the planning commission to determine if they CONform to the
comprehensive plan in location, character and extent. In the case of disapproyal, the commjssion
shall communicate its reasons to the appropriate governiRg body, ",:hich has the power to
overrule such disapproval by a reGorded vote of a majority of its entire membership.
fB (e) The planning commjssion shall hold a public hearing on all ZOniRg oases land use cases
as prescribed by Chapter 26. The staff shall provide a written staff report to the planning
commjssion prior to the meeting, which shall contain a staff recommendation on the case which
will be based in part on how the requested change conforms to the adopted comprehensive plan.
The planning commjssion shall pass a resolution which makes a recommendation to the city
council. I\. negative decision of the planning Gommission may be ElfJflealed to the city OOl:lB:oil
upon the written request of the applicaRt within ten (10) days of the deGision by filing such
appeal with the city elerk for iRc1usion and placemeRt Of} the agenda of the city oouf}oil, or the
city council may by motion plaoe it upon a council agenda f-or heariRg and decision. When a
rezoning is denied, amendment of the comprehensive plan shall be considered.
(g) Publio heariRgs for development plans for planned developmeRt zoRing shall be cOl'lducted
using the same proGedures as for approYal of subdiyision plats.
(11) PrelimiRary subdivision plats shall be heard and approved by the planniRg oommission
through a publiG hearing with notification based on the requirements of the subdivision
regulatioRs.
2
(i) .A.fier holdmg a publ10 hearing on final subdivision plats, the pla-nRing commission shall
make a recommendatioR to the city councIl, with final action takiRg place at the city council.
Public hearings shall be cORducted following prooedures outlined in the subdivision regulations.
U) Public hearings shall be held for special use permits which approve specific la-nd uses
following the procedures for cha-nges of the zoning map. The planniRg commissioR shall make a
reeommendatioR to the city cOllI16il and the final actIOn shall be takeR by the eity cOllReil
following the procedures for cha-nges to the zORiRg map.
-
(k) Minor subdivision plats without publio street dedications or public reser....ations shall be
!:leard aRd approved by the pla-nning coIIlfR:ission at a public hearing. Pl:lblic hearings shall be
cORducted f-ollowing procedures outlined iR the subdi'/isioR regulations.
(1) Minor subdivisioR plats with publio street dedications or public reservations shall be heafd
by the planning commission at a public heariRg a-nd shall then be for:larded with their
recommendatioRs to city couRoil for fiRal approval. Pl:lblic hearings shall be cORducted following
procedures ol:ltliRed in the subdivision regulations.
(m) Wherein the plaRRing commissioR has deRied a minor subdiyisioR, a-n applicant may
appeal that decision to city council in accordance with paragraph (f) of this section. 'Nherein the
plaRning commission has approved such a minor sl:lbdivision, aggrieyed adjacent property
owners may appeal that decision to city COUflGil in accordance with pafagraph (f) of this sectioR.
(n) Special use permits for emb el:lt modificatioR, parkiRg lot buffering a-nd parking iR froRt of
multifamily developmeRts shall be deeided by the pla-nRing commission.
W (f) Amendments to the subdivision zoning and development regulations shall may be
initiated by the planning commission or referred to it by the city council. The commission's
recommendation shall be forwarded to the city council for amendment and/or approval. within
thirty (30) days of referral of a proposed amendmeRt by the city couRciI. The date of referral
shall be the date OR which the couRcil makes its decision to refer the proposed amendment to the
pla-nning commission. Failure to make aRY recommendation to the city eouncil \vithiR the thirty
day time period shall be deemed a recommeRdatioR for approval of the proposed regl:llation
without commeRt aRd a referral of the proposed amendment baek to t!:le city council for
neceSSafY action. The city couaeil may exteRd the thirty day period based UpOR a fiRding that
such exteRsioR y;ould serve the best iRterests of the city.
Section 2. Section 26-112. Private Rezoning. of Chapter 26 of the Wheat Ridge Code of
Laws is hereby amended as follows:
E. Planning Commission review. The plannmg commission shall hear and consider any
evidence or statement presented by the applicant, city staff, or by any person in attendance at the
hearing. The planning commission shall then make a recommendation to city council to approve
or deny the application, basing its recommendation upon the facts presented in the public hearing
in consideration of the criteria for review as specified above. .^. recommendation for deRial shall
3
be consIdered final, unless the applIeant files an appeal to City council with the city clerk wIthin
ten (10) workmg days of the planning commission decisIOn.
F. City council review. City council shall reVIew and decide upon all requests for
change of zone, upon recommendation of the planmng commission for approval,.ef upon appeal
by af1 applicant of a recommendation or for denial by the planning commission. Change of zone
may only be approved by passage of an ordinance following the city's standard ordinance
adoption procedures. Notice of public hearing shall be by publication, letter and site posting in
the manner provided in section 26-109 hereof City council, in addition to consideration of the
planmng commission record, shall hear additional evidence and testimony presented and either
approve or deny the ordinance. City council shall base Its decision upon all evidence presented,
with due consideration of the criteria for review.
In the event of a protest against such change of zone, signed by the owners of twenty (20)
percent or more of the area:
1. Of the property included within the proposed change; or
2. Of those immediately adjacent to the rear or any side of the property, extending one
hundred (100) feet from the property; or
3 Of those directly opposite across the street from the property, extending one hundred (100)
feet from the street frontage of such opposite property.
Such change shall not become effective except by the favorable vote of three-fourths of
the entire city council. Where land within the area proposed for change, or adjacent or opposite
land, as defined, above is owned by the City of Wheat Ridge, such property shall be excluded in
computing the reqUired twenty (20) percent, and owners of non-city land within the one-
hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such
intervening CIty land. The written protest to such change shall be submitted to the city council no
later than the hearing on the proposed rezoning.
G. Recordation. All approved rezoning ordinances shall be recorded with the Jefferson County
Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such
ordinance.
H. Assessment of Comprehensive Plan. Planning Commission and City Council shall
perform a yearly assessment of zoning decisions to consider modification of the
Comprehensive Plan Future Land Use Map if zone changes are made which differ
significantly from the designation on the map. If zone changes are denied when in
conformance with the designation on the Future Land Use map, modifications to the map
shall also be considered.
Section 3. Sec 26-116. Planned building groups (PEG) of Chapter 26 of the Wheat
Ridge Code of Laws is hereby amended as follows:
C. Application procedures. All applications for planned building groups shall be filed with the
department of community development by the owner of the entire land area to be included and
shall be accompanied by the fee set forth in Appendix A [on file in the office ofthe city clerk],
adequate proof of ownership, a certified survey of the parcel, and a site plan under section 26-
111 All applications shall be reviewed by the department of community development foro
4
completeness and, If found to be complete, shall be transrmtted to any other agency which might
be affected. Any such agency may transmit comments and recommendations to the department
of community development. The director of community development and/or the planning
comrrusslOn and/or CIty councIl shall consider such agency comments and recommendations
when establishmg necessary conditions and lirmtations when acting upon applications.
-
D. Review procedures:
I Administrative review: The director of community development shall have the authority to
review and approve, approve with modifications, or deny applications for planned building
groups for no more than four (4) main structures on a single lot or parcel, except in the R-I
series, R-2 series and A-I zone districts. Applications for more than four (4) main structures or
more than one (1) main structure in the R-I series, R-2 series and A-I zone districts, and appeals
by the applicant of the director of community development's decision, shall be referred
forwarded to the planning commission for review. In reviewing such applications, the director
of community development shall consider the standards for approval set forth below and shall
have the authority to establish necessary conditions and limitations to carry out the intent of this
section.
2. Planning commission review: The planning commission shall review and make
recOFIlfflendations to city council on all applications for planned building groups which exceed
administrative reVIew authonty or upon applicant appeal of an administrative decision. Such
application shall be heard at public hearings, WIth notification by neighborhood meeting,
newspaper, letter and posting set forth in section 26-109. f.RY application for a planned building
group denied by planning commission may be appealed to city cOl:1Rcil at a public hearing. Such
heariFlgs SHaH follow notificatiofl and hearing procedures as set forth above for planning
commissicm hearing. The decision by the Planning Commission shall be considered final.
Appeal from a decision of the city council Planning Commission shall be to the Jefferson
County District Court as specified in the Colorado Rules of Civil Procedures.
3. Standards for review: The director of community development and/or planning
commission and/or city council shall have the right to approve, establish necessary conditions
and limitations in approving, or deny an application for a planned building group; provided, that
the following standards shall be applied in such approval, denial or in establishing such
conditions and lirmtations. In reviewing the planned building group application, the following
shall be considered:
a. Whether the proposed plan is consistent with the spirit and intent of the zoning code
and of the comprehensive plan and that it would not be contrary to the general welfare
and economic prosperity of the city or the immediate neighborhood and that the plan has
been prepared to achieve the benefit of improved design;
F. Amendment or withdrawal of recorded planned building groups. Pursuant to the same
procedure and subject to the same limitations and requirements by which such plans were
originally approved and recorded, planned building group plans may be amended or withdrawn,
either partially or completely, if all land and structures remaining under such plans can be made
to comply with all conditions and limitations of such plans and all land and structures withdrawn
from such plans can be made to comply with all regulations and ordinances of the City of Wheat
5
Ridge unrelated to any special plan hereunder. Planned building group plans which have been
approved by the planning commission and city council may have minor admmistrative
adjustments or changes approved by the director of community development, provided that such
adjustments or changes will not cause any of the followmg to occur:
1. A change in the character of the development;
2. An increase in the intensity of use;
3. A reduction in the origmally approved separations or distances between buildmgs;
4 Any change which would create problems for circulation, safety or with utilities;
5. An increase of the external effects on adjacent property;
6. A reduction in the originally approved setbacks from property lines which would
violate the minimum setback requirements of the underlying zone;
7. An increase in total floor area or of the ground covered by structures,
8. A reduction in the ratio of off-street parking and loading space to gross floor area in
structures; or
9. An increase in approved residential densities.
Any amendments to recorded planned building group plans, whether amended administratively
or by action of the planning commission or city council, shall be recorded with the Jefferson
County Clerk and Recorder in the same manner as the originally approved and recorded plan.
Any withdrawal or partial withdrawal of an approved and recorded plan shall be certified by the
recordation of a "declaration of withdrawal" of a planned building group.
G. Subdivision of land subject to planned building group plan. Where it is desired to subdivide
a parcel of land, exclusive of condominium subdivision, which is either currently subject to, or is
proposed to be subject to, the provisions of a planned building group plan, all requirements of the
underlying zone district shall apply, except that setback from interior lot lines (that is lot lines
not abutting public streets or abutting adjacent separately owned property) may be less than
normally required if approved by the planned planning commission and/or city council at the
time of subdivision approval. In addition, any land or facilities used in common, such as, but not
limited to drmnage facilities and areas, common parking areas, ingress/egress drives, and
landscaping or open space areas, shall be reserved by easement, or other acceptable instrument,
for the continued right of common use of these areas or facilities. Mmntenance of any such areas
or facilities shall be the responsibility of the owner of each individual lot wherein such common
area or facility lies, except that other property mmntenance agreements may be acceptable if
approved by the city attorney.
H. It is the intent of this section that subdivision review may be carried out simultaneously
with the review of planned building group plans permitted herein. All requirements of the
subdivision regulations for either minor (four (4) or fewer lots) or for major (five (5) or more
lots) subdivisions, in addition to those of a planned building group plan, must be satisfied if there
are any parcel divisions created, or if there are any dedications for streets or other public
purposes. In cases where subdivision requirements are to be met as described herein, the
applicant must submit separate sheet(s) in addition to the planned building group plan.
Section 4. Section 26-118 Right-of-way vacations. of Chapter 26 of the Wheat Ridge
Code of Laws is hereby amended as follows:
6
E. Planning commission review Planning co:mrrJ.jssion shall hear and consider any eVIdence or
statement presented by the applicant, city staff, or by any person III attendance at the hearing.
The planning co:mrrJ.jssion shall then make a recommendation to city council to approve, approve
with conditions or deny the application, basing its recommendations on the facts presented m the
public hearing as applied to the cnteria for review as specified in subsection D., hereof. Planning
commissIon may recommend conditions or stipulations, which may mclude use limitations or
operational stipulations such as reservatlOn of utility easements or access easements. A
recommendation of denial by the planning cOffiIlllssion shall be considered final, unless the city
or the applicant files an appeal to city council, with the city clerk within ten (10) working days of
the planning commission decision.
F City council review. City council shall review and decide upon all requests for right-of-way
vacations, upon recommendation of planmng commission for approval, approval with
conditions or denial, or upon appeal of a recommendation for denial by planning commission.
Vacations shall be approved by passage of an ordinance, following the city's standard ordinance
adoption procedures, or by final plat approval in which case a separate ordinance is not required.
Notice of public hearing shall be by publication, letter and site posting in the manner provided in
subsection c., hereof. City council in addition to consideration of the planning commission
record shall hear additional evidence and testimony presented and either approve, approve with
modifications, or deny the ordinance. City council shall base its decision upon all evidence
presented, with due consideration of the criteria for review as set forth under subsection D.,
hereof. A three-fourths (super-majority) vote of City Council is required to vacate right-
of-way.
G. Recordation. All approved vacation ordinances or plats with street vacations shall be
recorded with the Jefferson County Clerk and Recorder by the city within thirty (30) sixty (60)
days of the effective date of such ordinance or plat approval.
H. Vesting of title. When a right-of-way is vacated, title to the vacated right-of-way shall vest
with adjacent property owners or the original grantor or its successors-in-interest as provided by
C.R.S. S 43-23-01, et seq.
Section 5. Safety Clause. The CIty of Wheat Ridge 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 rations
relation to the proper legislative object sought to be attained.
Section 6. 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 7. Supersession Clause. If any provision, requirements or standard
established by this Ordinance is found to conflict with similar provisions, requirements or
7
standards found elsewhere m the Code of Laws of the City of Wheat Ridge, which are m
existence as of the date of adoption of thIS Ordmance, the provisions, requirements and standards
here shall supersede and prevail.
Section 8, Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
III this day of , 2005, ordered publIshed III 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, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1 ST publication.
2nd publication:
Wheat Ridge Transcript
Effective Date.
8
Sec. 26-106. Review process chart.
Pre-Application Final
iApproval Requested Notes
Staff Neighborhood Staff PC CC BOA URPC
Site Plan 4X P, ~ ~ 26-111
Major Subdivision ~ H H URA 26-404,C
Minor Subdivision
(w/dedications) ^ H H URA 26-404.8
Minor Subdivision X
(wlo dedications) H URA f'\ppeal to CC ~ 26-404,8
Minor Plat Correction, Amendment, Revision X " ~ 26-409
Lot Line Adjustment ~ fI ~ 26-410
Consolidation Plat ~
(w/dedication) H H URA 1 ~ 26-404.D
Consolidation Pial X A URA 26-117
(w/o dedication)
Planned Development: Outline Development Plan (ODP) .- X H H URA ART III
^
Planned Development: Final Development Plan (FDP) X H H URA ART III
Planned Development: Outline Development Plan ~ H H URA ~ARTIII
flmendment ^
Planned Development: Final Development Plan Amendment b< H H URA ~RTIII
Rezoning, Private b< X H H URA ~~26-112
EXHIBIT 2
1
Rezoning. City ~ H H URA S26-113
26-114
Special Use X ~ ~ H URA Appeal
oce
Iv ariance.-Administrative fA. A Appeal to BOA S 26-115,C
'arianceuNon-admi nistrative H URA S26-115,C
r emporary Permit H fA. S 26-115.0
Interpretation Appeal to BOA S 26-115,E
~
Historic Designation H URA ART IX
Planned Bldg, Group f'lX ~ H 1\ ~ S 26.116
Floodplain Permit--Class I fA. ~ 26-806
Floodplain Permit--Class II I4x H ~ 26-806
Right-of-way Vacation D< H H URA ~26-118
1 If five or fewer parcels, minor subdivision process applies. If more than five parcels,
major subdivision process applies.
2 Right of protest applies' Section 26-112.F
3 If four or more buildings are proposed, then Urb8fl ReFlewal .^.uthority Planning
Commission review is required.
4 A pre-application may not be required based on the complexity of the project.
Key'
PC: Planning commission
CC: City council
BOA: Board of adjustment
X: Meeting required
H: Public hearing required
A: Administrative review
URPC: Urban Renweal Renewal Plan compliance required. If "A" is noted,
administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal
Authority is required -- see section 26-226.
2
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 15-2005
Ordinance No.
Series of 2005
TITLE: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER
26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
PLANNING COMMISSION'S ROLES IN VARIOUS LAND USE
PROCESSES AND APPEALS OF CERTAIN PLANNING COMMISSION
DECISIONS
WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the
regulatory processes for various land use applications;
WHEREAS, the land use processes vary in the event of a denial recommendation
by Planning Commission;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Section 2-60 of the Wheat Ridge Code of Laws is hereby amended as
follows:
Sec. 2-60. Planning commission.
(a) The planning commission shall develop and prepare a master plan for the physical,
economic and social development and continuance of the city. The planning commission shall
hold a public hearing on the plan and make its recommendations to the city council. The city
council shall adopt and approve the master plan after holding public hearings and shall authorize
the city clerk to have the master plan recorded at the county. The master plan shall be called the
"Comprehensive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred
to as "the comprehensive plan." It shall include, but not be limited to, the following: established
character, goals and objectives; populatIOn, land use; economic base; public facilities; parks and
open space; transportation; prevention of pollution; and resource conservation.
(b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters
to the comprehensive plan shall be initiated by the planning commission or referred to the
planning commission by the city council for the planning commission's recommendation. No
such amendment shall be final until acted upon by the city council, which may approve, amend
or deny such recommendation in whole or in part following public heanng. The planning
commission shall approve or disapprove amendments to the master plan or comprehensive plan
submitted to it by city council within SIxty (60) days after such submission. The date of
subrrussIOn shall be the date the city council makes its decision to submit the matter to the
ATTACHMENT 3
1
planning commission, The approval or disapproval shall be in the form of recommendations to
the city council after all necessary public heanngs have been held. Failure to make said written
recommendations to city council within sixty (60) days shall be deemed a recommendation for
approval WIthout comment to the city council, and a resolution to that effect shall be issued by
the planning commission.
(c) The planmng commission shall approve or disapprove or perform any necessary action
upon any other matter properly referred to it by the city council within sixty (60) days from the
date of the decision to submit the matter to the planning commission. Failure to approve or
disapprove or to undertake the requested activity within the sixty (60) day time period shall be
deemed a recommendation for approval without comment or a referral back to the city council
for performance of the requested activity in accordance with established procedures concerning
notice to the general public and public hearings.
(d) The city council may extend the sixty (60) day period based upon a finding that such
extension would serve the best interests of the city.
(e) The planning commission shall hold a public hearing on all land use cases as prescribed by
Chapter 26. The staff shall provide a written staff report to the planmng commission prior to the
meeting, which shall contain a staff recommendation on the case which will be based in part on
how the requested change conforms to the adopted comprehensive plan. The planning
commiSSIOn shall pass a resolution which makes a recommendation to the city council.
(f) Amendments to the zoning and development regulations may be initiated by the planning
commission or referred to it by the city council. The commission's recommendation shall be
forwarded to the city council for amendment and/or approval.
Section 2. Section 26-112. Private Rezoning. of Chapter 26 of the Wheat Ridge Code of
Laws is hereby amended as follows:
E. Planning Commission review. The planning commission shall hear and consider any
evidence or statement presented by the applicant, city staff, or by any person in attendance at the
hearing. The planning commission shall then make a recommendation to city council to approve
or deny the application, basing its recommendation upon the facts presented in the public hearing
in consideration of the criteria for review as specified above.
F City council review. City council shall review and decide upon all requests for
change of zone, upon recommendation of the planning commission for approval, or for denial by
the planning commission. Change of zone may only be approved by passage of an ordinance
following the city's standard ordinance adoption procedures. Notice of public hearing shall be by
publication, letter and site posting in the manner provided in section 26-109 hereof. City council,
in additIOn to consideration of the planning commission record, shall hear additional evidence
and testimony presented and either approve or deny the ordinance. City council shall base its
decision upon all evidence presented, with due consideration of the criteria for review.
In the event of a protest against such change of zone, signed by the owners of twenty (20)
percent or more of the area:
2
1. Of the property mcluded wIthin the proposed change; or
2. Of those immedIately adjacent to the rear or any side of the property, extending one
hundred (100) feet from the property; or
3. Of those directly opposite across the street from the property, extending one hundred (100)
feet from the street frontage of such opposite property.
Such change shall not become effective except by the favorable vote of three-fourths of
the entire city council. Where land within the area proposed for change, or adjacent or opposite
land, as defined, above is owned by the City of Wheat Ridge, such property shall be excluded in
computing the required twenty (20) percent, and owners of non-city land within the one-
hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such
intervening city land. The written protest to such change shall be submitted to the city council no
later than the hearing on the proposed rezoning.
G. Recordation. All approved rezoning ordinances shall be recorded with the Jefferson County
Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such
ordinance.
H. Assessment of Comprehensive Plan. Planning Commission and City Council shall
perform a yearly assessment of zoning decisions to consider modification of the Comprehensive
Plan Future Land Use Map if zone changes are made which differ significantly from the
designation on the map. If zone changes are denied when in conformance with the designation
on the Future Land Use map, modifications to the map shall also be considered.
Section 3. Sec. 26-116. Planned building groups (PBG) of Chapter 26 of the Wheat
Ridge Code of Laws is hereby amended as follows:
C Application procedures. All applications for planned bUIlding groups shall be filed with the
department of community development by the owner of the entire land area to be included and
shall be accompanied by the fee set forth in Appendix A [on file in the office of the city clerk],
adequate proof of ownership, a certified survey of the parcel, and a site plan under section 26-
Ill. All applications shall be reviewed by the department of community development for
completeness and, if found to be complete, shall be transmitted to any other agency which might
be affected. Any such agency may transmit comments and recommendations to the department
of community development. The director of community development and/or the planning
commission shall consider such agency comments and recommendations when establishing
necessary conditions and limitations when acting upon applications.
D. Review procedures:
1. Administrative review: The director of community development shall have the authority to
review and approve, approve with modifications, or deny applications for planned building
groups for no more than four (4) main structures on a single lot or parcel, except in the R-l
series, R-2 series and A-I zone districts. Applications for more than four (4) main structures or
more than one (1) main structure in the R-l series, R-2 series and A-I zone districts, and appeals
by the applicant of the director of community development's decision, shall be forwarded to the
planning corrurussion for review. In reviewing such applications, the director of community
3
development shall consider the standards for approval set forth below and shall have the
authority to establish necessary conditions and InnitatIOns to carry out the intent of this section.
2. Planning commission review The planning commjssion shall review all applications for
planned building groups which exceed administrative review authority or upon applicant appeal
of an administratIve decision. Such application shall be heard at public hearings, with
notification by neighborhood meeting, newspaper, letter and posting set forth in section 26-109.
The decIsIOn by the Planning CommissIOn shall be considered final. Appeal from a deciSIOn of
the Planning Commjssion shall be to the Jefferson County District Court as specified in the
Colorado Rules of Civil Procedures.
3 Standards for review: The director of community development and/or planning commjssion
shall have the right to approve, establish necessary conditions and limitations in approving, or
deny an application for a planned building group; provided, that the following standards shall be
applied in such approval, denial or in establishing such conditions and limitations In reviewing
the planned building group application, the following shall be considered:
a. Whether the proposed plan is consistent with the spirit and intent of the zoning code
and of the comprehensive plan and that it would not be contrary to the general welfare
and economic prosperity of the city or the immediate neighborhood and that the plan has
been prepared to achieve the benefit of improved design,
F. Amendment or withdrawal of recorded planned building groups. Pursuant to the same
procedure and subject to the same limitations and requirements by which such plans were
originally approved and recorded, planned building group plans may be amended or withdrawn,
either partially or completely, if all land and structures remaining under such plans can be made
to comply with all conditions and limitations of such plans and all land and structures withdrawn
from such plans can be made to comply with all regulations and ordinances of the City of Wheat
Ridge unrelated to any special plan hereunder. Planned building group plans which have been
approved by the planning commjssion may have minor administrative adjustments or changes
approved by the director of community development, provided that such adjustments or changes
will not cause any of the following to occur:
1. A change in the character of the development;
2. An increase in the intensity of use;
3. A reduction in the originally approved separations or distances between buildings;
4. Any change which would create problems for circulation, safety or with utilities;
5. An increase of the external effects on adjacent property;
6. A reduction in the originally approved setbacks from property lines which would
violate the minimum setback requirements of the underlying zone;
7. An increase in total floor area or of the ground covered by structures;
8 A reduction in the ratio of off-street parking and loading space to gross floor area in
structures; or
9. An increase in approved residential densities.
Any amendments to recorded planned building group plans, whether amended administratively
or by action of the planning commjssion, shall be recorded with the Jefferson County Clerk and
Recorder in the same manner as the originally approved and recorded plan. Any withdrawal or
4
partial withdrawal of an approved and recorded plan shall be certified by the recordation of a
"declaration of withdrawal" of a planned bUIlding group.
G. Subdivision of land subject to planned building group plan. Where it is desired to subdivide
a parcel of land, exclusive of condominium subdivision, which is either currently subject to, or is
proposed to be subject to, the provisions of a planned building group plan, all requirements of the
underlymg zone district shall apply, except that setback from interior lot lines (that is lot lines
not abutting public streets or abutting adjacent separately owned property) may be less than
normally required if approved by the planning comrmssion at the time of subdivision approval.
In addition, any land or facilities used in common, such as, but not lirmted to drainage facilities
and areas, common parking areas, ingress/egress drives, and landscaping or open space areas,
shall be reserved by easement, or other acceptable instrument, for the continued right of common
use of these areas or facilities. Maintenance of any such areas or facilities shall be the
responsibility of the owner of each individual lot wherein such common area or facility lies,
except that other property maintenance agreements may be acceptable if approved by the city
attorney.
H. It is the intent of this section that subdivision review may be carried out simultaneously
with the review of planned building group plans permitted herein. All requirements of the
subdivision regulations for either minor (four (4) or fewer lots) or for major (five (5) or more
lots) subdivisions, in addition to those of a planned building group plan, must be satisfied If there
are any parcel divisions created, or if there are any dedications for streets or other public
purposes. In cases where subdivision requirements are to be met as described herein, the
applicant must submit separate sheet(s) in addition to the planned building group plan.
Section 4. Section 26-118. Right-of-way vacations. of Chapter 26 of the Wheat Ridge
Code of Laws is hereby amended as follows:
E. Planning commission review. Planning commission shall hear and consider any evidence or
statement presented by the applicant, city staff, or by any person in attendance at the hearing.
The planning commission shall then make a recommendation to city council to approve, approve
with conditions or deny the application, basing its recommendations on the facts presented in the
public hearing as applied to the criteria for review as specified in subsection D., hereof. Planning
commission may recommend conditions or stipulations, which may include use limitations or
operational stipulations such as reservation of utility easements or access easements.
F City council review. City council shall review and decide upon all requests for right-of-way
vacations, upon recommendation of planning commission for approval, approval with conditions
or denial, Vacations shall be approved by passage of an ordinance, following the city's standard
ordinance adoption procedures, or by final plat approval in which case a separate ordinance is
not required. Notice of public hearing shall be by publication, letter and site posting in the
manner provided in subsection C., hereof. City council in addition to consideration of the
plannmg commission record shall hear additional evidence and testimony presented and either
approve, approve with modifications, or deny the ordinance. City council shall base its decision
upon all evidence presented, with due consideration of the criteria for review as set forth under
5
subsection D., hereof. A three-fourths (super-majonty) vote of City CouncIl IS reqmred to
vacate right-of-way
G. Recordation. All approved vacation ordinances or plats with street vacations shall be
recorded with the Jefferson County Clerk and Recorder by the CIty wIthm SIxty (60) days of the
effective date of such ordinance or plat approval.
H. Vesting of title. When a right-of-way is vacated, title to the vacated right-of-way shall vest
WIth adjacent property owners or the original grantor or its successors-in-interest as provided by
C.R.S. ~ 43-23-01, et seq.
Section 5. Section 26-106. Review process chart. of Chapter 26 of the Wheat Ridge
Code of Laws is hereby amended as follows:
~x []H
WS260116
!Planned Bldg, Group
1 If five or fewer parcels, minor subdivision process applies. If more than five parcels,
major subdivision process applies
2 Right of protest applies: Section 26-112.F
3 If four or more buildings are proposed, then Planning Commission review is required.
4 A pre-application may not be required based on the complexity of the project.
Key:
Pc. Planning commission
CC City council
BOA. Board of adjustment
X: Meeting required
H: Public hearing required
A: Administrative review
URPC. Urban Renewal Plan compliance required: If "A" is noted, administrative review;
if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required -- see
section 26-226.
Section 6. Safetv Clause. The City of Wheat Ridge 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 rations
relation to the proper legislative object sought to be attained.
Section 7. Severabilitv. 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
6
a court of competent junsdiction invalid, such judgment shall not affect applIcation to other
persons or circumstances
Section 8. Supersession Clause. If any provIsion, reqUIrements or standard
established by this Ordinance is found to conflict WIth similar provisions, requirements or
standards found elsewhere III the Code of Laws of the City of Wheat Ridge, which are in
eXIstence as of the date of adoption of this Ordinance, the prOVIsIOns, requirements and standards
here shall supersede and prevail.
Section 9. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
in this day of ,2005, ordered published in full in a newspaper
of general CIrculation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for ,2005, at 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.
GRETCHENCERVENY,MAYOR
A TIEST:
Pamela Y Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATIORNEY
GERAL DAHL, CITY A TIORNEY
1 ST publication:
2nd publication.
Wheat Ridge Transcript
Effective Date:
7
ITEM NO: 3 I
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE:
September 12, 2005
TITLE:
COUNCIL BILL NO. 16-2005, AN ORDINANCE PROVIDING FOR
THE APPROVAL OF REZONING FROM PLANNED
INDUSTRIAL DEVELOPMENT (PID) AND INDUSTRIAL (I) TO
PLANNED MIXED USE DISTRICT (PMUD) FOR PROPERTY
LOCATED AT 5060 WARD ROAD (CASE NO. WZ-05-07/IBC
HOLDINGS)
D PUBLIC HEARING
o BIDS/MOTIONS
D RESOLUTIONS
IZl ORDINANCES FOR 1ST READING (Date: Sept. 12,2005)
o ORDINANCES FOR 2ND READING
Quasi-JudIcial' IZl
~~~
o
No
Alan White, Community Development Director fa<" Randy Young, CIty Mager
EXECUTIVE SUMMARY:
IBC Holdmgs is requesting a rezoning from Planned Industrial Development and Industrial to Planned
Mixed Use Development for the property located at 5060 Ward Road, more commonly known as the
former Jolly Rancher property. The subject parcel is 635,434 square feet in size (14.58 acres) The
current Planned Industrial Development allows a very limited range of uses, all of willch are related to
candy or food manufacturing. A small portion of the property is zoned Industrial.
The proposed zone change will allow a much wider range of uses for the entire property. An Outlme
Development Plan, Final Development Plan and Final Plat will be submitted for review at second
readmg. The Outline Development Plan will establish allowable uses and development standards,
while the Final Development Plan will set a site specific development pattern for the property The
Final Plat will subdivide the property into 17 lots.
The bUildings are being designed as office/warehouse space and flex office space. The property IS
being developed in three phases' Phase I (the "middle" of the property), Phase II (adjacent to Ward
Road) and Phase III (the eastern portIOn of the property). Please see the attached phasmg map for
clarIfication.
The proposed rezoning affects the Council's goal of preparing the City for growth and opportunIties.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission will review this request and all related documents on September 15, 2005. The
Commission's recommendation will be forwarded to City Council at second readmg.
STATEMENT OF THE ISSUES:
Land Use
The subject property is currently zoned Planned Industrial Development; with the only uses
allowed being candy manufacturing and food processing. The Comprehensive Plan Future Land
Use Plan designation for this property is Planned BusinesslIndustrial Park.
Department staff has been working with the applicant for over a year and one-half, prior to and
after their purchase of the property from Hershey's. Our counseling has been consistent with the
Comprehensive Plan Future Land Use Plan designatIOn.
In February of thIS year we were proVIded a copy of the Corndor Definition Report for the Gold
Line. In it the end of the line station for the Gold Line is shown east of Ward Road south of 50th
Place, directly south of the subject parcel. This station location was moved from Ward Road/I-70
Park-n-ride.
The statIOn location proVIdes an amenity for potential Transit Oriented Development (TOD) in the
VIcinity. The applicant has made some changes to the ODP as requested by staff to provide more
pedestrian oriented, mixed use development in the future These changes included reduced
setbacks, increased building heights and adding residential uses as allowed uses.
The applIcant intends to pursue the development of office/warehouse flex space in Phase I in the
center of the project. Whether this type of employment base is transit friendly is not known and
has not been demonstrated in the region. Uses such as contractor's yards and mini-warehouses do
not seem to be transit friendly. On the other hand, these types of uses could provide interim uses
that would be relatIvely inexpensive to replace in the future.
Successful TODs elsewhere m the country typically adhere to four guiding principles:
· Pedestrian orientation; automobile is de-emphasized
· Architecture to evoke strong emotion; timelessness
· Provide services the market wants
· Provide diverse markets for housing
The proposed ODP, while setting out development standards and uses that enable TOD in the
future, IS auto oriented. There are no pedestrian links between buildings.
The demand for these types of spaces in this location is unknown. It should be noted that adjacent
mdustnal facIlItIes, while older and questionable in condItIOn, have a fairly hIgh vacancy rate.
Timing of Development
The Gold Line is forecasted to be completed by the end of2015, ten years from now It is
Important to note that while the light rail station is ten years away, thIS IS the only light rail statIOn
proposed for Wheat Ridge. It is unrealistic to expect the applicant to do nothing with the property
while waiting for the market for TOD to emerge. On the other hand, permitting the construction of
buildings with useful lives of 30 years or more sets the stage for industrial development in this area
of the CIty If thIS IS the land use when the station is built, the station may be nothing more than a
platform with an adjacent park-n-ride.
The EIS process for the Gold Line is to start early in 2006. During this process the statIOn location
WIll be finalized and it will be in this process that the City has mput about its plans for future land
uses, street connections, pedestnan linkages, and all of the other development issues that can affect
the design and location of the station.
SubdivisIOn ofthe property will make re-assemblage in the future a challenge, should a developer
decide the market is nght for redevelopment of the property
Architecture
Tilt-up concrete IS an allowed matenal in industnal areas per the Streetscape and Architectural
Design Manual The archItecture proposed for Phase I is admittedly of higher quality than typIcal
industnal archItecture. ArticulatIOn will be provided by reveals in the fayade and the use of color,
not with a change of materials, building planes, or rooflines. All of the buildings in Phase I will
look the same. Tilt-up concrete does not lend itself to second story additIOns. To convert Phase I
to live-work spaces or residential above commercial spaces, they would need to be torn down.
Would the market m the future support such economics? That is hard to predict.
The building onentation does not provide an inVIting sense of place. A majority of the buildmgs
have mternal facmg entrances. When looking east from Ward Road, the sides and rears of
buildings are the visible elevations. Outdoor storage areas are also visible from Ward Road. Any
future development in Phase II could screen the buildings and storage areas, but it is difficult to
predIct when this will happen, as the applicant does not have development plans for Phase II.
Staff recommended that materials used in Phase II along Ward Road be limited to brick (or SImilar
materials), as well as requiring the southernmost buildings in Phase I to be rotated to face south, be
brought up to the street, and be faced with brick. This could be the start of pedestrian oriented
street along 50th Place across from the transit station. The applicant has not made the change as
the orientation as suggested does not lend itself to mdustrial development.
Access and Circulation
Access IS provided primarily from 50th Place and 52nd Avenue, with the potential for a right-
in/nght-out only access on Ward Road In the future. Staff believes a public street connection
between 50th and 52nd IS needed, especially in the future when the transit station is built. The
applicant was not receptIve to provIdIng a north-south connector, as it would alter the current
development pattern. The 50th and Ward intersection won't warrant a signal for many years, If
ever. Most employees in this project and the surrounding uses will want to use the SIgnalized
Intersection at 52nd and Ward. This is acknowledged in the traffic report by the assignment of a
higher percentage of the generated out trips to 52nd Avenue. How do the vehicles get to 52nd?
Through parking lots or dnve aisles, making a minimum of three to four 900 turns. People will use
these routes whether they work in the project or not. It would be safer and more effiCIent to
provide for the movement between 50th and 52nd with a public street.
Public Works requested two roadway improvements be made as a part ofthis applicatIOn. First,
that an acceleration and deceleration lane will be required on West 52nd Avenue for eastbound
traffic. The applicant responded that the accel/decellane is not necessary. Secondly, a northbound
deceleratIOn lane on Ward Road will be reqUIred at 50th Place. The applicant acknowledged the
need for the lane, but stated that because insufficient right-of-way a new lane is not possible. If
sufficient right-of-way is not present, the applicant should be required to obtain the additIOnal land
for construction of the lane. The City Attorney has agreed with this assessment.
AL TERNA TIVES CONSIDERED:
Table the Bill Indefimtely, denYIng the request.
Postpone action on first reading until Planning Commission provides a recommendation.
FINANCIAL IMP ACT:
The City has received a one-time application fee for the land use applicatIon. When redevelopment
occurs, the City will receive a one-time building permit fee. If any retail uses locate within this
development, the City would receive any sales tax generated from retail sales.
RECOMMENDED MOTIONS:
"I move to approve Council Bill No.16-2005, Case Number WZ-OS-07, a request for a rezoning
from Planned Industrial Development and Industrial to Planned Mixed Use DIstriCt on first
reading, order it published, public hearing set for October 10,2005 at 7:00 in the City Council
Chambers."
OR
"I move to table indefinitely Council Bill No. 16-2005, Case Number WZ-05-07, a request for a
rezoning from Planned Industrial Development and Industrial to Planned Mixed Use District on
first reading for property located at 5060 Ward Road with the following findings
1. While consistent with the Future Land Use Plan designation, the apphcation is not
consistent with policies:
A. Requiring continuous internal drives and continuous pedestrian paths
connecting for adjacent businesses and streets
B. Allowing mdustrial uses that are self-contained wIth no vIsible outdoor storage
C. Requiring vehicular and pedestnan connections that are safe, functional and
serve to reduce the necessity to use a pnvate automobile wIthin a quarter-mIle
radius
D. Setting out the desired character and deSIred attributes of Planned
Business/Industrial Parks
E. That all new development provides internal streets, adequate circulatIOn and
pedestrian walkways that provide non-motorized connections to adjacent
development and that integrate with the City's overall street and pedestnan
network
2. That the application does not fulfill one of the purposes of a planned development district,
specIfically to minimize traffic congestion on public streets, control street access, and to
provide for well-designed intenor circulation.
3. The applicatIOn does not adequately mitigate traffic impacts on 52nd Avenue adjacent to the
property and at the Ward Road and 50th Place intersection."
OR
\/'1 move to continue CounCIl Bill No. 16-2005, Case No WZ-05-07, until such time as the Planning
^ Commission has finished theIr review and provided Council with a recommendation."
-
Report Prepared by' Travis Crane 303.235.2849
Reviewed bY' Alan WhIte 303.235.2844
Attachments:
1. Zoning Map
2. Phasing Map
3 Council Bill No.
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INTRODUCED BY COUNCIL MEMBER
Council Bill No. 16-2005
Ordinance No.
Series of 2005
TITLE: AN ORDINANCE PROVIDING FOR THE
APPROVAL OF REZONING FROM PLANNED INDUSTRIAL
DEVELOPMENT (PID) AND INDUSTRIAL (I) TO PLANNED
MIXED USE DISTRICT (PMUD) FOR PROPERTY LOCATED AT
5060 WARD ROAD CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Upon application by mc Holdmgs, approval of a rezoning in Wheat
Ridge, Colorado, Case No. WZ-05-07, for property located at 5060 Ward Road and based
on a recommendation from the Wheat Ridge Planning Commission and pursuant to the
findmgs made based on testimony and evidence presented at a public hearing before the
Wheat Ridge CIty Council, Wheat RIdge maps are hereby amended to exclude from the
Planned Industrial Development and Industrial Dlstrict and to include in the Planned
Mixed Use District zone district the following described land:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST
QUARTER OF SECTION 17; THENCE ALONG THE NORTHERL Y LINE OF SAID
SOUTHEAST QUARTER N00D11 '19"E, 199.74 FEET; THENCE DEPARTING SAID
NORTHERLY LINE SOOD48'41"E, 30.00 FEET TO A POINT ON THE SOUTHERLY
RIGHT OF WAY OF WEST 52ND AVENUE AND THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF
WAY N89Dll '19"E, 348.38 FEET, THENCE DEPARTING SAID SOUTHERLY
RIGHT OF WAY SOOD18'24"E, 414.77 FEET, THENCE N88D53' 15"E, 518.65 FEET,
THENCE S00D19'18"E, 5.27 FEET; THENCE ALONG THE ARC OF A NON-
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 270.54 FEET, A
CENTRAL ANGLE OF 66058'40" AND A CHORD WHICH BEARS S57DI9'34"E,
29855 FEET, THENCE PARALLEL TO THE NORTHERLY RIGHT OF WAY LINE
OF WEST 50TH PLACE S88D40'20"W, 200 44 FEET; THENCE SOODI9'07"E, 215.60
FEET TO THE EXTENDED LINE OF SAID NORTHERLY RIGHT OF WAY OF
WEST 50TH PLACE; THENCE ALONG SAID EXTENDED NORTHERL Y RIGHT OF
WAY AND NORTHERLY RIGHT OF WAY S88D40'20"W, 1087.24 FEET TO SAID
EASTERLY RIGHT OF WAY OF WARD ROAD; THENCE ALONG SAID
EASTERL Y RIGHT OF WAY DEP AR TING SAID NORTHERLY RIGHT OF WAY
N00D18'19"W, 659.25 FEET; THENCE DEPARTING SAID EASTERLY RIGHT OF
WAY N89D11 '19"E, 170.00 FEET, THENCE N00D18'19"W, 150.00 FEET TO SAID
SOUTHERLY RIGHT OF WAY OF WEST 52ND A VENUE AND THE TRUE POINT
OF BEGINNING.
ATTACHMENT 3
Section 2. Vested Property Rights. Approval of this rezomng 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 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 ordmance 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. If any clause, sentence, paragraph, or part of this Zoning
Code or the application thereof to any person or circumstances shall for any reason be
adjusted by a court of competent jurisdiction invalid, such Judgment shall not affect
apphcation to other persons or circumstances.
Section 5. Supersession Clause. If any provision, requirement or standard
established by this Ordinance IS found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, whIch are in
existence as of the date of adoption of thIs Ordinance, the provisions, requirements and
standards herein shall supersede and prevail.
Section 6. This Ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of _ to
_ on this lih day of September, 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 October 10th 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 10th day of October, 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
GERALD DAHL, CITY ATTORNEY
1st PublIcatIOn:
2nd Publication:
Wheat Ridge Transcnpt
Effective Date
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ITEM NO: ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
September 12,2005
~~~
TITLE:
RESOLUTION 40-2005: RESOLUTION OF SUPPORT FOR
REFERENDUM C & REFERENDUM D
D PUBLIC HEARING
IZl BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date: _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial' D
Yes
IZl
No
{JdI;uJ&J/-
&/fy City Manager
~~
. Cle .
EXECUTIVE SUMMARY:
The City Council considered a resolution of support for Referenda C & D at the August 1, 2005
Study Session. The referenda are the ballot issues for the November 1,2005 General Election that
was brought forward by a majority vote of the Colorado State Legislature to address the current
state budget shortfalls. Referendum C will allow the state to take a five year "time out" from the
limitations and to retain collected revenue that will enable the budget revenue limits to return to
close to pre-recession levels. This measure will ask the voters to allow the state to do what many
muniCIpalities, including Wheat Ridge to an extent, have been able to do and temporarily "de-
Bruce" Referendum D specifically earmarks the additional revenue by issuing bonds for the
state's most critical needs including transportation (construction and other expenditures for
highways and bridges), higher education (capital expenses), health care, and police and fire
retirement plans. Referendum D cannot be enacted without the passage of Referendum C.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
After September 11 th, Colorado was hit with a recession where over 100,000 jobs were lost, and
due to declining revenue, the state legislature has cut more than 2 billion dollars from the budget.
The economy is beginning to recover, however, the "ratcheting effect" ofthe TABOR statute
makes it impossible for the state to recover to pre-recession revenue levels. TABOR's budget
limitations will soon force the General Assembly and the governor to cut more money from
essential state services. Next year alone, while the state will be collectmg excess revenues, due to
limitations they will have to cut $400 million from the budget.
The City of Wheat Ridge maintams a specific policy interest in the passage of Referenda C & D to
maintain the fiscal partnership between the state and its local governments strong. This would
address the strategic plan goal of maintaming fiscal stability and creating a sustainable city
government. A number of state programs have been cut or reduced that affect local government.
These measures will help to bolster the state budget and support important state-local partnerships
like highway funding. More specifically, Referendum D contains $1.2 billion dollars in funding for
a roads and bridge projects list approved by C-DOT, including the interchange at Interstate 70 and
SH-58. Passage ofthese measures would have a direct impact on positionmg for economic
development and the strategic plan goal of the development of the 1-70 Corridor as a major
commercial center.
AL TERNA TIVES CONSIDERED:
Do not approve Resolution 40-2005.
FINANCIAL IMP ACT:
N/A
RECOMMENDED MOTION:
"I move to approve Resolution~2005."
----
45 - ~1;)\)~
or,
"I move to deny the approval of Resolution 40-2005 for the following reasons
"
Attachments:
1. RESOLUTION 40-2005
2. Summary of Referenda C & D
3 Colorado Department of Transportation Referenda C & D Project List
4 Colorado of State Planning and Budgeting Memorandum
Resolution No. 40-2005
CITY OF WHEAT RIDGE
TITLE: RESOUL TION OF SUPPORT FOR REFERENDA C & D;
THE COLORADO ECONOMIC RECOVERY PLAN
WHEREAS, The City of Wheat Ridge is a home-rule mUnicipalIty with the goals of creating a
sustainable City government and a strong partnership between City and Community,
WHEREAS, Colorado voters will have the opportunity November 1 to advance the quality of lIfe and
economic health of Coloradoans by supporting Referenda C and D, known together as the Colorado
Economic Recovery Plan, and
WHEREAS, municipal revenues and programs are adversely affected whenever state finances are in
crisis, and municipal revenues and programs, as well as those of their local governments, will contmue to
be severely affected if statewide voters do no approve Referendum C, and
WHEREAS, many critical state programs relied on by the residents of the City of Wheat Ridge and all of
Colorado have suffered or are expected to suffer as a result of state budget cuts and the inability of the
state to resume pre-recession levels of spending; and
WHEREAS, Referendum C would provide funding for transportation, education, health care, and police
and fire retirement plans; and
WHEREAS, Referendum C permits the state to retain excess revenues for five years and eliminates the
"ratchet' effect of TABOR following economic downturns without revismg TABOR or raising taxes; and
WHEREAS, Referendum 0 would accelerate construction and other expenditures for highways and
bridges, K-12 and higher education facilities, and police and fire retirement plans through the issuance of
voter approved bonds, and has projects with direct benefit to the citizens of Wheat Ridge; and
WHEREAS, Referenda C and 0 utilize the opportunity afforded voters by TABOR for the state to retain
TABOR excess revenue in order to provide services in the same manner as local voters in many metro
area municipalities and throughout Colorado have done;
WHEREAS, we encourage the citizens of Wheat Ridge to thoughtfully consider both sides of the issue as
they cast their vote in November
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Wheat
Ridge supports the passage of Referenda C & 0 in the General Election this November 1, 2005, as it
reflects the vision and goals established m Wheat Ridge Vision 2020
INTRODUCED, READ, AND ADOPTED at a meeting of the City Council of the City of Wheat Ridge,
Colorado on the 12th day of September, 2005
GRETCHEN CERVENY, MAYOR
ATTEST
PAMELA Y. ANDERSON, CITY CLERK
ATTACHMENT 1
8/19/05
CML
COLORADO MUNICIPALLEAGU[
1144 Sherman Street - Denver, CO 80203-2207 - Phone (303) 831-6411 - Fax (303) 860-8175 - www.cml.org
Summary of Referenda C & D
The Colorado Economic Recovery Plan
Referendum C - Retaininl! State Revenues
CJ Allows the State to retain all revenue above existing limits for five years - from July 1,
2005 through June 30, 2010.
CJ Eliminates the current "ratchet effect" by allowing the State to retain a capped amount of
additional funds beyond 2010 and each year thereafter - basically "rebasing" the limit to
the year with the highest revenues from 2005-2010 and allows for annual increases equal
to growth plus inflation.
CJ Requires retained revenues to be spent only for:
. K-12 education: textbooks, libraries, kindergarten, pre-school, and in-
classroom instruction.
. Health care for elderly, low-income, and disabled populations; programs
to lower health insurance costs for individuals and small businesses.
. Universities, Colleges, and Community Colleges for need and merit
based financial assistance and the College Opportunity Fund.
. Repayment of Referendum D bonds for road and bridge projects,
educational facilities improvements, and firefighter and police retirement
plans.
CJ Requires an annual report on how these revenues are spent.
Referendum D - Critical needs bondinl! measure
If approved by voters and Referendum C passes, authorizes the state to bond up to $2.07 billion,
depending on market conditions, with bond proceeds in the following amounts to be directed to
the following purposes.
. $1.2 billion to repair and replace highways and bridges and accelerate CDOT's strategic
projects.
. $147 million for K-12 school construction, repair, maintenance, etc.
. $50 million to for construction, repair, maintenance, etc. of state university, college and
community college facilities.
. $175 million to be credited to fire and police members' retirement fund to pay off the
state's share of unfunded liabilities.
Also allows the state to retain an additional $100 million in 2011 and beyond for debt-service on
bonds.
Temporary income tax cut in future years
Beginning in 2011, grants an income tax cut from 4.63 percent to 4.5 percent on a year-by-year
basis if Referendum C is approved by voters and revenues are sufficient to cover the anticipated
tax reduction.
More information is available from the Vote Yes on C & D campaign:
www.votevesonc-d.com or by calling 303-861-0217.
ATTACHMENT 2
8119105
Talkin!! Points in Support of Referenda C and D
D Referendum C does not change the state constitution or TABOR. This proposal uses
the same mechanisms used successfully by local governments to ask voters to retain
revenues and use those funds to improve services, facilities and infrastructure.
D Due to the State's financial crisis brought on by the recent economic downturn that
followed the 9/11 tragedies, the state has not had excess funds to refund through TABOR.
While asking voters to forego possible TABOR refunds, the proposal does not raise tax
rates. This proposal does not affect individuals' state or federal income tax refunds.
D The proposal is a bipartisan compromise and was developed in partnership with
Governor Owens, the DemocratIc legislative leadership and Democrat and Republican
lawmakers.
D Colorado is known for its boom and bust economy and is losing ground to other
states in economic development. Referendum C will allow the state to remain
competitive by improving services and infrastructure that make Colorado attractive to
business and promote a healthy economy
D Referendum C does not deal directly with the constraints imposed by TABOR at the local
level, but as the state is able to properly fund programs and services, it relieves the
pressures experienced by many local governments from reduced funding for
programs, services, and grants and increased state fees that local governments have had
to pay.
D Voters are being asked to forego any TABOR refunds for five years and instead direct
those funds to improve deteriorating highways and bridges across the state, K -12
education and higher education, and health care, and to pay the State's obligation for
unfunded police and fire retirement liabilities.
D The current ratchet-effect in TABOR following economic downturns will be eliminated
for the state by resetting the state's revenue limit to the best revenue year during the five-
year time-out and allow annual adjustments to the limit for population growth and
inflation. It allows the state to catch-up on road and bridge improvements, education and
health care and recover after future recessions.
D Referenda C and D will not restore all of the programs and services cut in recent years,
but are important steps to improving the state's infrastructure and services and improving
the quality of life for all Coloradoans.
D Referendum D, the bonding proposal, allows the state to advance capital improvements
and expenditures that may otherwise take decades to fund. Specifically, the proposal
advances funding for:
o Highways and bridges across the state.
o College, university and community college facilities.
o Public school facilities
o Police and firefighter retirement plans.
Prepared by the Colorado MUniCipal League
Colorado Department of Transportation
2005 Referenda C and D Projects**
Denver Metro
1-25 South, Meadows Parkway to 5th Street (Douglas County) - widening, $22.5 million
Start Date with Bonding: 2006
1-25 South, 5th Street to south of the Plum Creek Interchange (Douglas County) _
widening and interchange improvements at Plum Creek, $17 1 mil/ion
Start Date with Bonding: 2008
1-25 South, Ridgegate Interchange (Douglas County) - new interchange construction
and frontage roads, $19 million
Start Date with Bonding: 2006
1-25/US 36/1-27011-76 Interchange Complex (Adams County) - completes the multiple-
phase project by adding a ramp to connect south/eastbound 1-270 to north/eastbound 1-
76, $15 million
Start Date with Bonding' 2007
--
1-70 at Quebec Street (Denver County) - interchange reconstruction, $43 million
Start Date with Bonding: 2009
US 6 (6th Avenue) at Wadsworth Boulevard (Jefferson County) - interchange
reconstruction, and roadway widening $63.5 million
Start Date with Bonding: 2009
1-70 at State Highway 58 (Jefferson County) - interchange improvements, $463 million
Start Date with Bonding: 2006/2007
1-25 Valley Highway, Broadway to Alameda (Denver County) - widening, bridge
replacement and interchange improvements, $55 mil/ion
Start Date with Bonding: 2008
US 36/120th Avenue extension (Broomfield County) - builds new four-lane extension of
120th Avenue over US 36, $77 million
Start Date with Bonding. 2008
1-225 at Colfax Avenue (US 40) and 1 th Avenue in Aurora (Arapahoe, Adams counties)
- interchange improvements, $40.25 mil/ion
Start Date with Bonding: 2009
C-470 at Santa Fe Drive (Douglas, Arapahoe counties) - interchange reconstruction,
$35 million
Start Date with Bonding: 2007
Arapahoe Road (State Highway 88) at Parker Road (State Highway 83) (Arapahoe
County) - intersection improvements to accommodate future interchange, $36 mil/ion
Start Date with Bonding: 2007
ATTACHMENT 3
State Highway 44 (104t11 Avenue), Colorado Boulevard to US 85 (Adams County)-
capacity improvements, $25 million
Start Date with Bonding: 2009
US 36/Boulder Turnpike (Boulder, Broomfield, Jefferson, Adams counties)- transit and
highway improvements to be determined by environmental study currently underway,
$37.5 million
Start Date with Bonding. 2009
North/Northeast/East
1-25 North from State Highway 52 to State Highway 119 (Weld County) - widening, $50
million
Start Date with Bonding: 2006
1-76 between Fort Morgan and Brush (Morgan County) - reconstruction and interchange
improvements (six-mile segment within project limits), $40.2 million
Start Date with Bonding: 2007
US 34 Business Route, State Highway 257 to 71st Avenue in Greeley (Weld County)-
widening, $24 million
Start Date with Bonding' 2009
State Highway 119/State Highway 52 (Boulder County) - new interchange and grade-
separated railroad crossing construction, $18 million
Start Date with Bonding: 2007
US 40/US 287 between Limon and Campo, Hugo east (Lincoln County) - minor
widening to add shoulders and reconstruction (22 miles), $30 5 million
Start Date with Bonding: 2007
US 40/US 287 between Limon and Campo, just east of Kit Carson (Cheyenne County) -
bridge reconstruction, $7 5 million
Start Date with Bonding. 2006
Southwest
US 160 through Alamosa (Alamosa County) - reconstruction and widening to provide for
one-way pairs of traffic, $13 3 million
Start Date with Bonding: 2006
US 160 Wolf Creek Pass, Park Creek - east (Mineral County) - reconstruction and
widening for shoulders and safety improvements (two-mile segment), $16 million
Start Date with Bonding: 2006
US 160 from the Alamosa/Rio Grande county line east (Alamosa County) - construction
of passing lanes (3 5-mile segment), $8,9 million
Start Date with Bonding: 2007
US 160/County Road 222/223 intersection, east of Durango (La Plata County)-
intersection relocation and construction, $3 3 million
Start Date with Bonding: 2007
US 160 at Farmington Hill (US 550), east of Durango (La Plata County) - construction of
an additional westbound lane though the Farmington Hill intersection, $12.2 million
Start Date with Bonding: 2007
US 550, New Mexico state line north (La Plata County) - widening and intersection
improvements (four-mile segment), $15 million
Start Date with Bonding: 2008
US 160/US 491, New Mexico state line to Cortez (Montezuma County) - widening to
add shoulders and passing lanes, reconstruction and intersection improvements
(locations to be determined within a 17-mile segment of US 160 and a six-mile segment
of US 491), $13.2 million
Start Date with Bonding: 2008
State Highway 62 through Ridgway (Ouray County) - construction of auxiliary lanes and
other improvements, $10 million
Start Date with Bonding: 2009
South/Southeast
1-25 through Colorado Springs (EI Paso County) - reconstruction of two interchanges
(US 24/Cimarron and SH 16, east entrance to Fort Carson) and roadway widening, $95
million
Start Date with Bonding: 2006/2007
US 287 Ports to Plains Corridor, State Highway 116 north (Baca, Prowers counties)-
roadway reconstruction and intersection improvements near Springfield (11 4-mile
segment), $15 million
Start Date with Bonding: 2006
US 287 Ports to Plains Corridor, Lamar south (Prowers County) - roadway
reconstruction and intersection improvements (13-mile segment), $15 million
Start Date with Bonding. 2007
1-25 in Trinidad (Las Animas County) - viaduct and interchange reconstruction, $75
million
Start Date with Bonding' 2006
1-25 in Pueblo, Eden Interchange (Pueblo County) - interchange reconstruction, $30
million
Start Date with Bonding: 2009
US 50 in Canon City (Fremont County) - intersection safety improvements and
roundabout construction, $2 million
Start Date with Bonding. 2007
NorthwestIWestlCentral Mountains
State Highway 13 from the Wyoming state line south (Moffat County) - widening for
shoulders and reconstruction (five miles), $5 7 million
Start Date with Bonding: 2009
1-70 West at Empire Junction to a terminus to be determined (Clear Creek County)-
acceleration lane, $11 million
Start Date with Bonding. 2008
US 285 between Conifer and Bailey, Richmond Hill to Shaffers Crossing (Jefferson
County) - widening and interchange construction, $29 1 million
Start Date with Bonding: 2008
US 285 between Conifer and Bailey, Deer Creek Road Interchange (Park County) - new
interchange construction, $5 6 million
Start Date with Bonding: 2007
State Highway 9 between Frisco and Breckenridge, Valley Brook north (Summit County)
- widening (approximately five miles), $30.3 million
Start Date with Bonding: 2008
1-70 in Glenwood Springs, US 40 over Rabbit Ears Pass and US 40 at Maybell (Garfield,
Moffat, Jackson counties) - resurfacing of approximately 22 miles total, $11.5 million
Start Date with Bonding: 2006
State Highway 82 Maroon Creek Bridge in Aspen, State Highway 114 Tomichi Creek
Bridge, east of Gunnison, State Highway 131 Bridge in Oak Creek, State Highway 82 at
Basalt (Pitkin, Routt, Gunnison, Eagle counties) - bridge replacements and bridge
enhancement at Basalt, $7 7 million
Start Date with Bonding 2006
1-70 Business Route in Grand Junction, Phase I (Mesa County) - preconstruction
activities to accommodate widening and intersection improvements (2.8 miles), $2.9
million
Start Date with Bonding 2007
1-70 Business Route in Grand Junction, Phase II (Mesa County) - widening and multiple
intersection improvements (2.8 miles), $158 million
Start Date with Bonding: 2008
State Highway 92 between Austin and Hotchkiss (Delta County) - minor widening for
shoulders and reconstruction (1 5-mile segment within project limits), $2.4 million
Start Date with Bonding: 2008
US 50 between Montrose and Sargents, Phase I (Gunnison County) - climbing lanes
and widening for shoulders, reconstruction (1 5-mile segment within project limits), $2.6
million
Start Date with Bonding' 2007
US 50 between Montrose and Sargents, Phase II (Gunnison County) - minor widening
for shoulders and reconstruction (nine-mile segment), $22.7 million
Start Date with Bonding: 2008
State Highway 13 south of State Highway 64 (Rio Blanco) - minor widening for
shoulders and reconstruction (1 6 mile segment within project limits), $37 million
Start Date with Bonding: 2007
US 24 at the bottom of Tennessee Pass (Lake County) - minor widening for shoulders
and reconstruction (.2 mile segment), $64 million
Start Date with Bonding: 2007
Roaring Fork Transit Authority (Pitkin, Garfield counties) - provides federal transit fund
match for bus maintenance facility reconstruction, $0 8 million
Start Date with Bonding: To be determined by RFTA
Grand Valley Transit (Mesa County) - provides federal transit fund match for bus
maintenance facility, $0.6 million
Start Date with Bonding. To be determined by GVT
1-70 over Vail Pass (Eagle and Summit Counties) - environmental clearance and
eastbound climbing lanes (2 mile segment), $7 million
Start Date with Bonding: 2008
1-70, west end of DeBeque Canyon to Palisade (Mesa County) - widening for shoulders,
reconstruction and curve smoothing (six-mile segment), $134 million
Start Date with Bonding: 2008
1-70 at State Highway 340 in Fruita (Mesa County) - ramp improvements and
intersection signalization, $0.8 million
Start Date with Bonding: 2006
1-70 at Dowd Junction/US 24 (Eagle County) - ramp improvements, curve smoothing,
retaining wall replacement, $134 million
Start Date with Bonding: 2007
State Highway 9 and US 40 just outside of Kremmling (Grand County) -shoulder
widening and reconstruction of roadway (11 miles of SH 9 and 7 miles of US 40) and
railroad overpass, $20 million
Start Date with Bonding 2007
**Costs listed are total project costs in 2005 constant dollars. Total cost may include
bond proceeds as well as eXisting and future funding from state and/or local sources.
Projects are not listed in priority order
STATE OF COLORADO
MEMORANDUM
OFFICE OF STATE PLAl'iMl'\G AND BUDGETING
III State Capitol Building
Denver, Colorado 80203
(303) 866-3317
Bill Owens
Governor
TO'
Governor Bill Owens
Henry R. Sobanet
Director
FROM: Henry Sobanet and Bill Skewes
DA TE. July 18, 2005
SUBJECT Questions Regarding the State Budget
This memorandum is in response to several questions you had concerning the State's budget.
. In FY 2001-02, General Fund revenues fell 13.0 percent and then another 3.1 percent in
FY 2002-03. Through FY 2005-06, despite the recovering economy, we expect that
gross General Fund revenues collected will remain below the FY 2000-0 I peak.
. For FY 2005-06, the amount TABOR will allow us to grow will be just 1.3 percent, even
though revenues generated by the recovering economy will increase 5.6 percent from the
FY 2004-05 TABOR base
Based on the June 2005 Revenue Forecast, if Referendum C does not pass, the FY 2006-07
budget, which we will start planning for thIS summer, must decline from the FY 2005-06
appropriation by 3 4 percent, or $208 million. This means that the reqUired growth in K -12
education and Medicaid (approximately $200 million) will have to be funded - absent a
recurring source of new revenue - from cuts to other programs. Thus, in FY 2006-07, the
$498 million TABOR surplus obligation together with the mandated increases in K-12
education and Medicaid will require cuts of approximately $400 millIon to the non-K-12 and
Medicaid portions of the budget. The "solution" suggested by some of using one-time
moneys from sale of buildings or tobacco securitization for ongoing programs will simply
push the problem to a future year.
}- In terms of the non-K-12 and Medicaid portions of the budget, the largest departments
are Human SerVIces, Corrections, and Higher Education. If $400 million were reduced
from these departments it would represent a 25 percent across-the-board reductIOn. Ifthe
reduction came only from Higher Education, it would require a 68 percent reduction to
the College Opportunity stipend, dropping it to $768 from $2,400 This would be in
addition to cuts in other areas of higher education, such as graduate programs.
}- It is also important to note that, without regard to TRANS bonds, revenue sources for
transportation projects have declined more than 25 percent since FY 2000-01 (falling
from $1 I billIon in FY 2000-01 to $817.2 million in FY 2005-06). This decline would
be even greater if we were to include the proceeds from TRANS bonds. Furthermore,
because of rismg fuel prices and increasing fuel efficiency, we anticipate that gas tax
revenues will fall 2.8 percent in FY 2004-05. Therefore, without additional sources of
revenue, the ability of the gas tax to support our growing transportation needs is limited.
ATTACHMENT 4
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PROSPECT RECREATION & PARK DISTRICT
September 12, 2005
1) Prospect Recreation & Park District and the City of Wheat Ridge can have a productive and
mutually beneficial long-term relationship.
a) Prospect represents the communities of Applewood and Fairmount. Its boundary already
includes significant pieces of the Clear Creek valley west of Youngfield Street between 32nd and
44th Avenues.
b) Prospect and Wheat Ridge can cooperate on projects west of Youngfield, with the cooperation
of the City and Prospect on some projects and with Jefferson County Open Space taking the
lead along the Clear Creek Trail.
c) The taxes collected by Prospect do not overlap any of the taxes collected by the City. The City
can, at no cost to itself, decide to co-exist with Prospect, just as Lakewood has done with
respect to Denver West Office Park.
2) The District believes that the City and the District can and should reach an accommodation with
one another on the current boundary issues. Only the Cabela's property remains at issue, since
the Salter property and the Coors hotel/office parcel were never excluded from the District. Coors
Brewing Co. has stipulated to an order directing the re-inclusion of its properties, which the Court
approved in its May 5, 2005 Order.
3) This accommodation can include the following elements:
a) Operation and Maintenance Costs. The District already operates two parks close to the Coors-
Cabela's project. The operating and maintenance costs for these parks will significantly
increase with the completion of the Cabela's project.
b) Headquarters Relocation. The District's present headquarters is in Wheat Ridge, one block east
of the intersection of 42nd and Youngfield.
i) Growing traffic congestion will make that location even more impractical than it already is.
ii) The District would like to find property West of 1-70 where it can relocate its headquarters,
preferably within its own District.
c) Present facility. The present headquarters location is owned by Jefferson County and leased
by the District. If the District moves its headquarters. Jefferson County Open Space would
assume responsibility for the property. Their policy has historically been to transfer title to
this kind of property to the City in whose boundaries the property sits.
i) Thus, if the District relocates, it is likely that Wheat Ridge can acquire this 3 acre property,
adjacent to the Wheat Ridge Greenbelt. This property could be useful to the City.
Prospect requests a meeting with Wheat Ridge City Council to discuss these matters. After clarifying
the facts and the parties' respective positions, we can attempt to resolve the issues as neighbors
should.
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CQUNTY QF JEFFERSON, STATE OF COLORADO, DATE
COORS/(~ABELA'S ANNEXATION
T01lIEClTY OF WHEATRJOOE. STATE OF COLORADO. A PORTION OF THE SOUl'HEAS'r QUARTER OF SECIlON 19. APORTI<
A PORTION OFntE NORllIWEST QUARTER OF SECnON 29, AND A PORTION OFntE NOR'IlIEAST QUAR'rnR OF TH
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF 11IE 6TH PRINCIPAL MERIDIAN
COUNTY OF JEFFERSON. STATE OF COLORADO.
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CITIZENS' RIGHT TO SPEAK
DATE: September 12, 2005
ANY PERSON MAY SPEAK ON MATTERS FOR A MAXIMUM OF
THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF
COUNCIL.
EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME,
ADDRESS, AND TOPIC OF COMMENT.
j
~
NAME ADDRESS TOPIC
,~
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y
DATE:
September 12, 2005
GENERAL AGENDA ITEM COMMENT ROSTER
ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST
SIGN THIS ROSTER, STATING NAME, ADD'RESS, AND AGENDA I'1'EM NUMBER.
THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A
PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER.
NAME ADDRESS AGENDA ITEM NO.
0
1
---lMIlWB \ftA(
CITY OF WHEAT RIDGE, COLORADO
September 12. 2005
I : [) l:} ;P. VY\ .
Mayor Cerveny called t~ Regular C~ Council M~ing to order ~p m ~uncilmembers
present: Ka~ AdamS. Kare~Berry, Jerry DiTullio, Dean Goke1,'Lena Rotora, Wanda Sang?,"
Larry Schulz, and Mike Stite~. Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young, Deputy City Manager Patrick Goff; City Attorney, Gerald Dahl, Director of
Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and
interested citizens
APPROVAL OF MINUTES OF AUQust 22, 2005
Motion by Mr DiTullio for the approval of the Minutes of August 22, 2005, seconded by
, carried /- 0 -/ ~ ~ ~ ab-o thtv;;y .
(CITIZENS' RIGHT TO SPEAK
~~cN\S ~ ~~
K~ ~ ~ Ii ~-nW\.
~ -r* Ov\ ~~ \b 1:ZOCS- .
~
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as printed
APPROVAL OF AGENDA
Item 1.
Consent AQenda:
A. Right of Way Acquisition for Reed Street.
B City Council Appointment to Colorado Municipal League Policy
Committee
C Award ITB-05-35 Clear Creek Trail Reconstruction in an amount not to
exceed $316,360 95
D Award ITB-05-25 Randall Park Improvements and Tabor Pond Bank
Stabilization in an amount not to exceed $159,556
E. Approval of the 2005 Microsoft Enterprise Agreement in the amount of
$62,88748
F Approval of an upgrade to the Computer Aided Dispatch (CAD) and
Record Management System (RMS) in the amount of $102,14400
CITY COUNCIL MINUTES July 11, 2005
Page -2-
Consent Agenda was introduced and read by t-1Y. VMl; tr
Motion by lJ;fli\.ll 10 for approval of the Consent Agenda; seconded by ~ ,
,
Carried
~/.o ,
"
ORDINANCES ON FIRST READING
Item 2.
COUNCIL BILL 15-2005 - AN ORDINANCE AMENDING CHAPTER 2
AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO PLANNING COMMISSION'S ROLES IN VARIOUS
LAND USE PROCESSES AND APPEALS OF CERTAIN PLANNING
COMMISSION DECISIONS
Council Bill 15-2005 was introduced by t't YS ~
Motion by S~ ' seconded by ~~ carried J- --f) ,
CITY COUNCIL MINUTES July 11, 2005
Page -3-
Item 3. COUNCIL BILL 16-2005 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF REZONING FROM PLANNED INDUSTRIAL
DEVELOPMENT (PID) AND INDUSTRIAL (I) TO PLANNED MIXED USE
DISTRICT (PMUD) FOR PROPERTY LOCATED AT 5060 WARD ROAD,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO
(CASE NO WZ-05-07) (lBC HOLDINGS)
Council Bill 16-2005 was introduced by ~~r-s. 1'0~.
Motion by ~~ ,seconded by ~ ,carried p-~ .
CITY COUNCIL MINUTES July 11, 2005
Page -4-
DECISIONS, RESOLUTIONS, AND MOTIONS
~
Item 4. RESOLUTION 4(1-2005 - RESOLUTION OF SUPPORT FOR
REFERENCDA C & D
\V\~
Motion by ~ ,seconded by ~.
_ ~.s Jl,bj~ 32-1'0 H~~. ~<<f F CrD.
=~
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~~
ELECTED OFFICIALS' MATTERS
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CITY COUNCIL MINUTES July 11, 2005
Page -5-
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Q:03
Meeting adjourned at ~ p m
Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON July 25, 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