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HomeMy WebLinkAbout09/12/2005 6:30 p.m. Pre-Meeting ~\~:l\J~~\ 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 @~w @@QjJ~@~[1 [ffi]O~GlJlJ~@ 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. ~' ~(\ "'\C~.c :\\1"') l'- '. \__ ,\..+ -' Christa Jones, Deputy, City Clerk I v 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 /- I I , ~ " I' -i. /41/ ..,. f; -1..1 () /...AJU, y ,I 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. !~I ,j~ 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 I.......... . /$~' K~ ~~ Un 'R..aC.' 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 : I ') /: , '<" ( ,",I, j/ f" l l:t:L . I ~ _ j to, ), A j)j,-~./ Deputy City Manager .--- '-""'.--", '~O ?Cw.. 'I.. cf A V"- 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 , \ I ~ f ~ 1ti"'--!'._:..)rt"4, ~- 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, 01':,..1]':," : Jr, ,'''.,;,'':V"o',, Pr')(v';rr, ,j.T""'l "-,, 'I ,. , ~ ,crT' ,r,,: ;I,,,C', ,1 O~';I; Nolte is where lolent drives SlJslo\!"Ioble Developmer.t innovation. l' ~;I And leadership sets the standord, ",'r".!;( Because the more you know The more you con do, "t.", I'JOlTE BEYOND ENGINEEklNG SU5\ainable Leader>hip SU5\ainable Nolle, www.nolte.com 877 GO NOLTE ForI Collins Denver Colorodo Springs 7 ITEM NO: _, \ C I REQUEST FOR CITY COUNCIL ACTION , r _/$~" ~f~ C~.:~ ~~ un ' ~ 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 ,/ '\ l ) " i fj;;/ I, 'X .N j , (.#', , .AJ/,i.;/ 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 o o Wz 00 c_ ~~ <:3 Win ::J:c( ;:1- u.O oii ~ <3 ~ c Q) ~ j 0> c: '(;; III .r::. ..... e :> 0- eD <. "- 0 J5 ~~ I >- .!; '" ~ ot-- ~I UJl\l ~.Q ffi-g '" ., ,,",- ~ O..J 5: E z Cl.. 0 0 ~Z '? 00 6 ",N ~(j) :li>. ,,"- z l!l2 ;;110 t:::~ "'M ~1O 00 o . ~Q z(/) ~IO ullO i=~ ",0 ::>N ~o:: !<:cO 0- gl- gOO S<C "'- ",0 ",0. z o i= o :3 a: t; z o o UJ 0:: ...I ~ I- ~ W UJ 0:: (.,) 0:: <( W ..J (.) ~ (.) 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UJ :: ! t:: (Il ~ ~ ~ '-. - ~ U) 8 l ( g .... i ~ ~ cr ~ ~ ~ I I ~ ~ ~ i! ~ 0:: a ~ ~ i ~ ~ ! 0 ~ ~ i <:S 0 ~ U) wcz: ~ ~ ..... :::E >0 ( ( ~ z cz: ::lU) ~ w I!! LULU ~ ( /jj cC <( > ..... 00 -oJ I .r; .. .0 J! '" e g> ';;; .. .r; !! " '" 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 E :z o.Q o'il o? ..120 6 ~N"':Z :. -b'~'i? ~~~o'i3~~ 0..\0 _r.c- OO",a>Vl- %:'5Q~C) oCOoCOOZ ",l;:.",o\il.u.l o <..) uiZ C)o 0- ~'4, '4,..J uJ::l J:~ ~I- _u-O offi ~ <..) ..~ ~ \~ ~ tl ~ ~ U\ J' ~. ~ c/' <f! I~ ~ ~ ~ 'i ; t '" ;> ;; ~ ~ \ c:: 1:- " 08 i- c1 <:.I , i; \~ - & ,..... '" ~~ '" .S\ ~ ~ '" I/' O"~ .r\ ~ . ~~ tt. ,~ ) ~ ) .. ";. )J t:'" ); ~~ I~ ~ ~:i: ~ \l ~ l/\ ~ (!;" ~1i:. ~ ~ ~ ..r- .p -=r ~ ~ ~ ~ ,-<3 ,~ \. ~ .~ .," cO ~ -\ ,. ('0 \.. j.... ~ - <J) l \ \ UI ~ 0 ~ UI <J) ~ - ~ ~ <J) ~ 0 ~ i ~ 0 ~ 0 0: ~ C/ ~ z ~ ~ :: ~ ~ ~ 0 ~ ~ . '( ~ Z ~~ ~ ~ \ 0 0 ~ ~ : 0 ~ <J) Ill" ~ ~ ~ ~ ( ~ ~0 I ill 0 \TI .J(/) ~ Si ~ '3 UIU1 ~ ~ , ';:> ..... 00 U z 6: z - ~ ~ 0- ..J a ~ o ~ ~ <!. ..J [t. o ~ l- I- o uJ ..., o 0:: 0.. ATTACtlMENT 1 AU~-2B-05 10:09 FROM- T-625 P 002/003 F-693 ~ , .~ ~ ::.::~ 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 --f Title: e<.I p0( G(--... c...-"'-. - 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 . 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'0"0' UJ ~ 0 ~ ~ n.~ a O:::i Q UJ W UJ '> ::;; 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 ~._-:;:,j Cf~i;::';''q( ( , l ~.r ,"",0' ~\r- / ~d:::- I c;, ceO --.- 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. g ~ ! t---.:' ;R 2~ ~ - ~.~ r---- 2 ~ w, ~ .~ ~ -17' t---~.., 2 C~ f;;-;o~. .l:~ ~ m S~ ~. tH ~0~- : "~ ., ., · . L u.. ( ~. '" ...I 0 I ~ ;;:;:; ~:; ~~~"",'-"o,.o.......,~ ~~,.. os'> )!:! coccfi'J'" ~ ~ 1 SUP.93-3 1 .~ W;';~;6 PID ~ 8 J.....-':""""""- .--reG '" Ar(1 ~ ~ ~ ~ rl\RK I ~::::----~:.---- M~NPR SUB IVISION ~ .----- ~~ F ID WZ.3-26 ~ ~ 5. ! POWDE ~o." '^ ~ WZ 4-9 ---.- WZ. ~ 1 "" - :-C-1 75-14- L PID 5 i te.. ~ ! ~ 1 Wz-aD-29 WZ-97.'1 MS-98-4 NE17 ARVADA . ~ A-A! - ft-, ~ ~ ~ WZ-B4-6 PID WHEAT RIDGE INDUSTRIAL C NTER L TD WZ~a3-5 WZ-92-8 PID - ~ JOLLY RANCHER INC. !! ~ ~ ~ ~ ~ C-2 \:::: :;;: <l) J.e. -! [NDU5TR,^ PCD ~ WZ-8Q..8 Wim MS-94-4 - I-ID @ GRA HICS WEST W -95-12 1I MS-85-12 --'- ~ 1I I ~ ~ ~ ~ ,= /,-- - ~ ~ih . ~ . !! ~ . "- .J:I OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPARTMENT OF PLANNING AND DEVELOPMENT ~ ~ ~ -< ~. ij -'- 1 ~ ~ -:;;: / .- <l) ! I i i \ - 'l, I PID 1 / MOUNTAIN VISTA / / / ,/ / - A-1 PAlIERN MINOR SUB LAKEMON' CENTER SUB ~ I _,-'- PID ~ ,/' -----'-'---P-CD NICHOLAS GARDENS ~Q'/:.">/~- 93-;---' / TRACT 6 ,,:13- ;; RE1lREMENT ~9MJ;iUNITY WZ-75-4 WZ-~1~' V;;:f.-~/ ~ ~ < "" ?'!S":-~,:,~.', " ..//<~ / :: i'.q~\i.~/ ..,,'~Y)- / WZ-78-118 / CZ!........- I{~t(;;::>''''' 1 /h/ / ~';;?~:'~~;:-:----'- 't.~ ~.8~:'" WZ-90-11 --- / // ,.....--:-_.~~':>.,..-.-., r- \ l\: . / '''/'E-~) ~ ./ i~'/ // //" ............<~~~\ I /.' ~ wZ.98-6 . f!!' '\ \ \! / .. ..... , \\ II' ,',1___ j ! in, I '\. ~ MOUNTAINYlSTA .../. ~'1; . ~ _~_ i" ~F.TlJi:F.MF.NTr.oMMlJNITY - - ~ a ~ ~ NE20 - PARCEULOT BOUNDARY (DESIGINATES OWNERSHIP) - WATER FEATURE SE17 . DENOTES MULTIPLE ADDRESSES ~ 100-YEAR FLOOD PLAIN ~ (APPROXIMATE LOCATION) @ o 100 200 XX) '10:) F~et ATTACHMENT 1 MAP ADOPTED: June '5. 1994 Last Revision: September 10. 2001 -0 :r. )> en m w -0 :r. )> en m tv )> :xl m )> ...Jo. -0 :r. )> en m ...Jo. ~~~ , \ . -I r- b r- b r- ~ -0 -"\ b r- b -0 r- -n M~ - . ~ ~ 9.- 9.- 9.- ::s: ~ .... 9.- .... ::s: ~ S ~~ .... .... 1ft ,,," 1 ",f ..... ..... ..... ..... ..... ..... 1ft ~ t,3 N ..... C :'.:-'f,.'$, - . . (; ~ -I a> '" ~ t,3 N Z ~ "*""$: 1 rn' rn 9 ~"1if.i. . t,3 N ~ - 0 'k-W1. 1 . ~"*, ~ -0 -0 ..... ':i ';i. ~ ';i. ~ .';i. ..... ~ ~ po ~ t;n (')-n 5- ~ C U\ ~ OJ N 0 _c Z (j) ~ ~ U\ --I "0 "t,3 "~ -~ -$ --I -$ t;; -0 ~-\ tTI tTI -Q ~ t,3 $ ~ -..... '" 5- CC 0 ~ ~ -0 -0 t cD t,3 ..... ~ '" N ~ -;0 0 0 (j) ~ ~ (j) (J) t:;~ (J) (J) ~ ~ (J) -0 "? t;; (J) (J) (II -n -n -n -n (II -n -n -I =-1-0 ~ ~ ~ "TI "TI -0 O~ ::s: (J) 0 -n h ~ N ~ ~ tTI Q' Z:c. 0 rn -n S ~ () ~ -n () Z C ~ t t ~ 0 ~ ::{ ~ (J) (J) 0 Z - (j) Z 0 (J) C Z ')> -0 (J) :::\ ~ r::. (') 0 ~ tTI () ~ tTI (') Z rn ~ tTI (J) ~ (j) -0 C 0 ~ ~ '6 z ~'f'f~Ct\tAEN'f 2 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 e: \plann ing\forms\ord, frm ,. .,... 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 f{esol,.}I01'V /J '-If, - :1.ooS- (]Lrri ",Mid .Ii" , 3 ~ ').. (10/1.." el I 13 '" {J /7- /1005' ,..- ~c;.J rJofeY ~ - L SoY ~) ~., '0(/* -\0 ~ f'\cy" .f\;v..~ I ?n:>~ Q..u. .... .~ ~,,;v.-...::I o.~~f..j '" ~~ ~~ V- s.~~ -tv c"t, c-.,j ~~ J \~~,^,I.~I ~ ~ \SS~ ~~ .--pC ~ 1 ~ r,,~1 I>\I>.-fS d ~ ;~ o..--t- lb~(.t.G-. ,() ~.. ~ ~ ~ Mr. '00<- v,.;1c( ~~ ~\ ~.(. -+- ""s, '"~ ~ tv C< ~W2 ok q ""^~ ~ ----- ~1>Jt..l- ~ ~. 1 \ ~ 19 IJ. '29-" ~~ L&--<-v u;t ~ 0\ ~~~. s\'i~ -~?':~" ~ ~. ~ ~ -\J~" ~ ~\> l'~' ---- ------- - G-hf~ ,-(\tu r-vwn:R b; PtOYtt ltYloLtuA... &~~1JA -:t., ",',' - " .> 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. IH ,...' ~~~ ~- r I f-r-"-.... ; ~ ,-, 'I , .... -~~ ,- ~ .l.JOllrl 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. SHEErIOFI -r. \ , \ _- __ \ an.........._ / ---r-, ,~"-._..., __:_...... L''''''''''='IO.>t-''"" ..-,- , 1\ ~~-_. as """'~," ,0<_ ~~_ ------=-r::- -r---\--!~\;;~/+a_~1 - - I'.~ ~'~',"l'wj" "';;:. n - I till Of \ I '...40J"'1 I ,., u- " J,= 7>_ < ~~ -....... \i )~-__-l-~ UNIr..:O.....>Altll .,_ I ~lDV.~" *-:!:~aIlD I'j.~"", 1" I"l't; ~ ~'l JtflU!.'JI1t;."""" 'U,b",r'I'" '-;,::0 ' "'Nb~";~C ',---;; ". . - I Z'K-," . - _ :' Ii i;:J . . nt ,';f,'ADO HtGflK",1~' 'Third party parcel " . '~ I" . '.. ,"","""" '..,.. " . " ." "" '" . I " ~ .... !~~_~ \V :i---~~__~ .~.W.U'l i h · ~.~ '; ~8 ,h JI __ . '--.'--,--- "ii--T--, .J.tI'E !:I I I 7..w,---.... ~~ I I -~.!i.:L 'J'.21 -4." 1-/;.9\'i [" r "~l]'L I tu::r2.n2~W 17(,56' -../ , : S87'5IY" I 115.1Y- ,= ID'05' 6.:: 12'4t~ f .....IT · = t022.23' R = li12l1.fil' ~ I I l = 171.1I' l = 34UO' '0 ","-, " at = 11I7'OI5'\ at = 1ImII'51 'If""~ 111.75 341.69 i~ ,= tntV' ... !,I"~.." ~ . = 711.19' ~-..;, I __CllUIIlI l = 2111f II :. at = 1l5O"55'48'W I II ~ ~ 211.55 ~ ,.;;, :(!] --- :~ 1'1 !' t; \Ol .....- g --1-_ ....... ..... .m6 _ _ _ _-,., .....,. ~_.......-..=~':i::':'~/ t=.~'-_~'_I_ ==.':.."'.:':.~ "',::.... III (1) I on.___ I ! II"E 1Ml"E lPl '1 il SE<3. 30 I! . II . I i 'l ~ II ~ I : h~.::r- I~ II I 'i~ II I I ,I; II I II, I \ ;J e:\.1. M 1..1 arl'/(i. ~ .",.,...~L~ ,....... .:._'3t"!... .....__.... .~~v ' - '-'-.--'-.-;: "~t'" ! 'ltIfICDUOtA1\D 'ffElSOII couom . ~ ( ....'" II .... I ___'4.- d= sm:;;;; ~I Il ~ R:::~ ~ E l = 4&7.15 !II ~ at = 1I2lI'13'at _, l: 451.32 , I I ~'12"lr 171.6\' _ .UO.6J' ~.. t ~," -CZlI._W_Vl ,.". (i'1 IN'JATJD -..- ... ;;;;;;;;;;;l , -4 ey" I ~T I ,.... "'" -- rMLE ......"'" . 'lie! rID ...31.7'% , ~. " ,,:" .:I.oi " fj...'~-f; ;>!.t. ~:J ".:":i:~~'~~~7 '~!l 1~~ ~;l'lIl.. ,-' - - :t: I ~.~~.". .- I.,::: __.,-:.-=-. ;:' _:._'~'" .r<~, }.. " ., /,.~.-,,- ", ' ,..,4 ,...- ; .;'~.~'~.~::~.-_. c..t...: .1 ':". ~{ .~'c '.:.~' j' l ~ .. .. ". : ) ~ ."~J.~ ~~~.;~J YJCDlrJ'Y MAP .... 10 ..,... ," I~.- ......""" _.._d! EWDlG eo, JIl.& f n:AN l'ER IlEI'AIL, me, ~ I ,'- . .....---., Y,.4te.;: c"iJsworrth UP 2005, TIME " 'n~__ --'.,"""'" 'II ' ._" 'A(>r V< I ~ K i H8!l"52'3o"[ 'O7'31~ ir."....' , -~.~ . ,.,..---.. ---- ___......- ,,:i...l'- '~ "j I .J""" '.::'}: , i ;, I"~ o '.r'" J~) ~ I , ] ~ ....-'..., ::- . Cabela's Parcel _...~ ,~ ,_.~=~ -~ I ~il~ ::'~~... '. l " ~I~ aJO , j'ir ~"I,,~ "\" .J" Nljll' \ .fl :;9- t~t~ I- I ~:~ r iOf ,i f !f;tftMG ...._.L -.""""""'..." ..- - ....... :1""-"" r-';ro p:,....;. rr.'" r.~'-""'.Il (I' lo:.l 1: =~: ~....-s-'Il'S)___'" cnr~ __ 2/JAJa-" orr.. -.a_ ~ .$- '--,- I I I I I I I I I I I I I I ! r ~ l 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 ,~ r~r/J.. ~ t/ If R x<'~ Lv (-<.. ' J D~ ' I'J'~'~'~' I ' r.' J,J1 I~.L~ LL ,/ ; l\~\.\'\: t'l,\e \l.V\ Li\q'ls X -Uta" s\ . V'\J5tkd' ~( \1 p(~,~ k - 2i t DIr7~/ IO~ ~ ~l/tjlA CIS~ Ikt~~& p(l)~p2cr fee I I . I I I" n "", v S I rYl h-)V'~ 7/(,,0 \A/,:Jo,f;' PI bjh~,,-Il\, ,.{<;e.. ,j""l-rv! h TL 1/'0 <P .~.{ Q{"L 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- . ~ ~dCJ ~~~ 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. =~ '--~V\LU~ ~ ~~ ELECTED OFFICIALS' MATTERS 1-~ -~" ~o1 6tY 1- ( - baf --ex G<ANnV'(.. ~ \.vL- _ ~h~ ~ ~ ~Wvl(1~ 8f/SS/uA! ~ 1Vv\ 0 ~ '--" -1v-i &ekll~ ~~ ~v-.dJ. re.~ -D ~ \I\/\r<--e..-lI~ 'tr---D ~ {\Y ~ ~ u.c...1i~ . le.~Vur~ @J ~ q ~()/ ~ ~((w ~Tu.llll;- vJt-? o.L.:.~ ~ fu ClWl oGd N5\' I{~. -&.-0- ~u-L S<-SS 1""'-' D v0V' -::::; H~~ ~ ko ~,s~ ' ~ duJ ~ \2vnC-. ~~ / CITY COUNCIL MINUTES July 11, 2005 Page -5- ~ph~ ~ (--1;Y. T20to ~ s~ j l-V7)nJ..,.) ~ U;t/W).J '1~. I "r&,~ ." l) ~ - f~' ~t\t l~..j: 'e AAA ~ _ ", )M 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