HomeMy WebLinkAbout09/26/2005
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 26. 2005
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF September 12.2005
PROCLAMATIONS AND CEREMONIES
Physical Therapy Month - October 2005
Constitution Week - September 17 - 23, 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. RESOLUTION 46-2005 - APPROVING AN INTERGOVERNMENTAL
AGREEMENT FOR AMBULANCE SERVICES AMONG THE CITY OF
WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT
AND PRIDEMARK PARAMEDIC SERVICES
B RIGHT OF WAY ACQUISITION FOR WEST 42ND AVENUE.
CITY COUNCIL AGENDA. SEPTEMBER 26, 2005
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
PUBLIC HEARING ON THE PROPOSED 2006 BUDGET
Item 3.
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
ORDINANCES ON FIRST READING
Item 4.
COUNCIL BILL 17-2005 - AN ORDINANCE AMENDING CHAPTER 19
OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE WHEAT
RIDGE POLICE PENSION FUND
DECISIONS. RESOLUTIONS AND MOTIONS
Item 5. RESOLUTION 47-2005 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE CONCURRING WITH THE PHASING
AND FUNDING OF THE 1-70/32ND AVENUE INTERCHANGE SYSTEM
LEVEL FEASIBILITY STUDY
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
September 26. 2005
~ ~Yor Cerveny called tiJ" Re~ul r C~ Council Mee.tiPIg to order ~ 00 p m C~ncilmembe~
present: KarepAdams, Karen err/, Jerry DiTulli6,'Dean GokeY, Lena Rotolc('Wanda San[
Larry Schulr,""and Mike Stite Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young, City Attorney, Gerald Dahl, Deputy City Manager Patrick Goff; Director of
Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and
interested citizens
APPROVAL OF MINUTES OF September 12. 2005
Motion by Mr DiTullio for the approval of the Minutes of September 12, 2005, seconded ?y ~
carried CO --0 . ~ ~
PROCLAMATIONS AND CEREMONIES h . ;;c{~ ( '1\ f'Or<t
1JJr~ \I\A M\v
Mayor Cerveny read Proclamations for'
Physical Therapy Month - October 2005
Constitution Week - September 17 - 23, 20~p,
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CITIZENS' RIGHT TO SPEPlIt
flails.
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CITY COUNCIL MINUTES SEPTEMBER 26, 2005
Page -2-
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- APPROVAL OF AGENDA ot ~ fM~'
Item 1. CONSENT AGENDA
A. RESOLUTION 46-2005 - APPROVING AN INTERGOVERNMENTAL
AGREEMENT FOR AMBULANCE SERVICES AMONG THE CITY OF
WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT
AND PRIDEMARK PARAMEDIC SERVICES
B RIGHT OF WAY ACQUISITION FOR WEST 42ND AVENUE
Consent Agenda was introduced and read by Mrs. Adams
CM~~ li~ 16
[Motion by Mrs Adams for approval of the CQnGcnt A ; seconded by "btl-+ ~I ~.
carried 0 .
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CITY COUNCIL MINUTES SEPTEMBER 26, 2005
Page -3-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
PUBLIC HEARING ON THE PROPOSED 2006 BUDGET r L'
u Dr....J- 11 eM ~
The item was introduced by Mrs Rotola ~ ~"VJlI'\ 6W"'J
Deputy City Manager Patrick Goff P~ffi:l the staff report. . ~ C/.e,...tc. ~.
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Item 2.
Item 3. 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
\..4 COMMISSION DECISIONS ~
t"( (N C~ ~ -tk . ~
co':.fcil Bill 15-2005 -vias ~oduced on seco d reading by Mrs 'slang, City Clerk Pam
Anderson assigned Ordinance No \ 35"2-
~Motion by Mrs Sang to approve Council Bill 15-2005 (Ordinance No 1-~fon second
rea~ing and that it take effect 15 days after final publication, seconded by ~ \......l( i 6' .
,carried ? --1) .
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CITY COUNCIL MINUTES SEPTEMBER 26, 2005
Page -4-
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ORDINANCES ON FIRST READING
Item 4,
COUNCIL BILL 17-2005 - AN ORDINANCE AMENDING CHAPTER 19
OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE WHEAT
RIDGE POLICE PENSION FUND
Council Bill 17-2005 was introduced on first reading by Mrs Sang
Motion by Mrs. Sang to approve Council Bill 17-2005 on first reading, order it published,
public hearing set for Monday, October 10, 2005 at 700 P m in the City Council
Chambers, and that it take effect 15 days after final publication, seconded by
carried
/;
CITY COUNCIL MINUTES' SEPTEMBER 26, 2005
Page -5-
DECISIONS. RESOLUTIONS AND MOTIONS
Item 5. RESOLUTION 47-2005 -A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE CONCURRING WITH THE PHASING
AND FUNDING OF THE 1-70/32ND AVENUE INTERCHANGE SYSTEM
LEVEL FEASIBILITY STUDY
Resolution 47-2005 was introduced by Mr Stites. '?:xu. ~ -~
Mot~on by Mr Stites to approve Resolution 47-2005; seconded by 4J;~
carried I w-vorl
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
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Meeting adjourned at pm. 1- I S71kJ
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Pamela Y Anderson, City Clerk - yz,c.
APPROVED BY CITY COUNCIL ON OCTOBER 10, 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.
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CITY OF WHEAT RIDGE, COLORADO
September 12. 2005
Mayor Cerveny called the Regular City Council Meeting to order at 7 09 P m Councilmembers
present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang,
Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White,
Director of Public Works, Tim Paranto, staff; and interested citizens
APPROVAL OF MINUTES OF AUf;lust 22. 2005
Motion by Mr DiTullio for the approval of the Minutes of August 22, 2005,
seconded by Mrs Sang, carried 7-0 with Mr Schulz abstaining
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read Proclamation for Stepfamily Day, September 16, 2005
CITIZENS' RIGHT TO SPEAK
-
Flora Andrus, Chairperson of the Prospect Recreation District, distributed handouts
and maps She stated that the District requests a meeting with Wheat Ridge City
Council to discuss a variety of matters.
Diane Simmons, read a letter from a group of neighbors who support Jerry DiTullio's
nomination for Mayor
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 $316,36095
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
$62,887 48
F Approval of an upgrade to the Computer Aided Dispatch (CAD) and
Record Management System (RMS) in the amount of $102,14400
Consent Agenda was introduced and read by Mr DiTullio
CITY COUNCIL MINUTES SEPTEMBER 12, 2005
Page -3-
Doris Ibbison 3215 Marshall Street, spoke in favor of Referenda C and D
Motion carried 7-1 with Mr Gokey voting no
CITY ATTORNEY'S MATTERS
Mr Dahl asked that a motion be made to hold an executive session and reconvene the
meeting to make a motion
ELECTED OFFICIALS' MATTERS
Mayor Cerveny congratulated Lutheran Medical Center on their 100 years of service to
the community of Wheat Ridge
Motion by Ms Berry to go into executive session for a conference with the City Attorney
and City Manager and appropriate staff under Charter Section 5 7 (b) (1) and C R.S 24-
6-402 (4)(B) regarding advice on pending litigation with Prospect Recreation District and
ADA. I further move to return to the open meeting at the close of the executive session
for the purpose of taking any formal action deemed necessary; seconded by Mrs
Rotola and Mrs Sang, carried 8-0
EXECUTIVE SESSION WAS HELD
Councilor DiTullio was absent during the executive session and did not return to the
meeting
Meeting reconvened at 901 pm
Motion by Mr Schulz to direct the City Manager and City Attorney to invite settlement
negotiations among the City and the Prospect Recreation and Park District in Case No
99 CB 2154, seconded by Mrs Rotola, carried 7-0
Meeting adjourned at 9'03 p m
APPROVED BY CITY COUNCIL ON SEPTEMBER 26, 2005 BY A VOTE OF to
Lena Rotola, Council President
The preceding Minutes were prepared according to 947 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.
PROCLAMATION
PHYSICAL THERAPY MONTH
OCTOBER 2005
WHEREAS, the practice of physical therapy involves a variety of aspects from
injury prevention to general health and fitness to rehabilitation following an injury,
disease or surgery; and
WHEREAS, physical therapy helps improve the quality of life and physical well
being of people of all ages, including cardiac patients, children, athletes and the
elderly; and
WHEREAS, the Colorado Chapter of the American Physical Therapy Association
represents more than 1,000 physical therapists, physical therapist assistants and
physical therapy students in Colorado and promotes the importance of physical
therapy education and research, and
WHEREAS, through physical therapy practice, education and research, physical
therapists are able to prevent disease, promote health, reduce pain and enhance
the quality of life, and
WHEREAS, it is appropriate that we recognize these individuals who dedicate
their time and talent toward enhancing the physical health of the citizens of our
state and thank them for making Colorado an even better and healthier place to
live, work and raise a family
NOW, THEREFORE BE IT RESOLVED THAT, the City of Wheat Ridge does
hereby proclaim OCTOBER 2005 as PHYSICAL THERAPHY MONTH and do
urge all citizens to recognize the significant contributions of these dedicated
professionals
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of
Wheat Ridge this 26th day of September, 2005
~ad'J
am Anderson, City Clerk
CONSTITUTION WEEK
September 17th _23rd 2005
WHEREAS, September 17, 2005 marks the 21Sth Anniversary of the
drafting of the Constitution of the United States of America by the
Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this
magnificent document and its memorable anniversary; and to the patriotic
celebration which will commemorate the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each
year by the President of the United States of America designating September
1 ih through the 23rd as Constitution Week;
NOW, THEREFORE I, Gretchen Cerveny by the authority vested in
me as the Mayor of the City of Wheat Ridge in the State of Colorado, do
hereby proclaim the week of September 17th through the 23rd
CONSTITUTION WEEK.
AND ask our citizens to reaffirm the ideals that the Framers of the
Constitution had in 1787 by vigilantly protecting the freedoms
guaranteed to us through this guardian of our liberties, remembering
that lost rights may never be regained.
IN WITNESS WHEREOF, I do hereby set my hand and Seal ofthe City
of Wheat Ridge thisgl,:, l<' day of September, 2005.
With the Help of the
Jefferson County Association of Realtors
First Annual
Best 'Curb Appeal' Home Awards
District 1 Winner
7313 W 26th Av- Roger & Betty Baker
Honorable Mention.
3610 Benton St
3845 Kendall St
3860 Chase St
District 2 Winner
4500 Quay St- Rosemary Mancinelli
Honorable Mention
4220 Upham St
4240 Upham St
4415 Saulsbury St
District 3 Winner
3315 Zephyr St- Asia Morozs
Honorable Mention
4140 Dover
4070 Field Dr
4255 Everett
3405 Ward Rd
11801 W 32 PI
12000 W 29 PI
District 4 Winner
11441 W 45 PI- Alvin Horton
Honorable Mention.
10610 W 47 PI
10750 W 4Th Av
4205 Garrison St
Thank you all for making Wheat Ridge a more beautiful place to live.
Wheat Ridge Carnation Festiwl Committee
Mi keBaran@Remax.net
303237-8347
ITEM NO'
-1. A \
REQUEST FOR CITY COUNCIL ACTION
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lUll
COUNCIL MEETING DATE
September 26, 2005
TITLE:
RESOLUTION 46-2005 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE
SERVICES BETWEEN THE CITY OF WHEAT RIDGE, THE WHEAT
RIDGE FIRE PROTECTION DISTRICT AND PRIDEMARK
PARAMEDIC SERVICES
D PUBLIC HEARING
D BIDS/MOTIONS
[gJ RESOLUTIONS
D ORDINANCES FOR I ST READING (Date
D ORDINANCES FOR 2ND READING
)
QuasI-Judicial.
D
Yes
[gJ
No
City~~
CIty Attorney
EXECUTIVE SUMMARY:
The existing IGA for ambulance services between the City, the Wheat RIdge Fire ProtectIon DIstrict
and Pndemark ServIces, LLC expIred on December 27, 2004. So that the City continues to have
ambulance services and for the health, safety and welfare of Wheat Ridge citizens, it is necessary to
ensure that Pridemark offers these servIces for an addItIonal penod of tIme. The attached resolution
extends the prior agreement until March 26, 2006. This will give the CIty and the Fire Dlstnct tIme
to advertise for a new contract.
COMMISSION/BOARD RECOMMENDATION:
Approve resolutIOn adopting the IGA for ambulance services.
STATEMENT OF THE ISSUES:
In additIOn to continuing services, the IGA ratifies actIOn of the partIes since the old IGA expired in
2004.
AL TERNA TIVES CONSIDERED:
None. The City must have ambulance services.
WRPD 008
FINANCIAL IMPACT:
None beyond the eXIsting cost.
RECOMMENDED MOTION:
"I move to approve Resolution 46-2005 - A Resolution Approving an Intergovernmental
Agreement for Ambulance services between the City of Wheat Ridge, the Wheat Ridge Fire
Protection Distnct, and Pndemark Paramedic Services, LLC "
or,
"I move to table indefinitely Resolution 46-2005 - A Resolution Approvmg an Intergovernmental
Agreement for Ambulance Services between the City of Wheat Ridge, the Wheat RIdge Fire
Protection Dlstnct, and Pridemark Paramedic Services, LLC for the followmg reason(s)
Report Prepared by: Gerald Dahl, CIty Attorney (303) 493-6686
Reviewed by' Patnck Goff, Deputy City Manager (303) 235-2805
Attachments:
1 IGA for Ambulance Services
2. Memorandum from City Attorney
3 Resolution 46-2005
WRPD OOR
INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE SERVICES
This Agreement is entered into as of the _ day of
City of Wheat Ridge, the Wheat Ridge Fire Protection
Paramedic Services, LLC
, 2005 among the
District, and Pridemark
WHEREAS, the City of Wheat Ridge, the Wheat Ridge Fire Protection District and
Pridemark Paramedic Services, LLC (collectively the Parties), entered into an
intergovernmental agreement dated December 27, 1999 (the "December 27, 1999
Agreement"), a copy of which is attached hereto as Exhibit A and fully incorporated
herein by this reference, and
WHEREAS, pursuant to Article 9.0 of said agreement, the agreement expired on
December 27, 2004; and
WHEREAS, the Parties have continued to perform their respective obligations since
that time as if the December 27, 1999 Agreement were still in force, and
WHEREAS, the Parties wish to continue the agreement in force for a six (6) - month
period in order to permit the City and the District to re-advertise for the services
provided under the agreement.
NOW THEREFORE, the Parties agree as follows
1 Interqovernmental Aqreement Continued; Prior Acts Ratified
The Parties hereby agree to continue in force the December 27, 1999
Agreement, effective immediately The Parties further ratify and confirm their
joint and individual actions subsequent to December 27, 2004 and to the present
date with respect to services performed under the December 27, 1999
Agreement, as if that Agreement had remained in full and effect during that time
2 Term
This Agreement shall expire on March 26, 2006
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
set forth above
CITY OF WHEAT RIDGE
Gretchen Cerveny, Mayor
WRPD 006
ATTACHMENT 1
ATTEST:
Pamela y, Anderson, City Clerk
APPROVED AS TO FORM.
Gerald E. Dahl, City Attorney
WHEAT RIDGE FIRE PROTECTION DISTRICT
President
ATTEST
Wheat Ridge Fire Protection District
APPROVED AS TO FORM
Attorney for Wheat Ridge Fire Protection District
PRIDEMARK PARAMEDIC SERVICES, LLC
Authorized Representative
ATTEST.
WRPD 006
EXHIBIT A
December 27, 1999 Agreement
[Attached]
WRPD 006
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~ _'':lJil; 1 11 Pt1 :P'A-1 Murray Dahl Mutr",; Dahl T'I: ~IJ ;-.'-';4 "'1'::,1 PA,::;E Ill!.:. "I:<' I.ilI
.'
INrERGOVER~MENTAL AGREEMENT
AN AGREEMEN~ AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE
PROTE;CTION DISTRICT, AND PRIDEMARK PARAMeDIC SERVICES, L,L.C., FOR
AMBULANCE SERVICES.
1.0 PARTIES. The parties to this Agreement are the City of Wheat Ridge, a
Colorado municipal corporation (hr;:reinafter referred to as "the City"!, Wheat Ridge
Fire F'rotection District, an independent, quasi-municipal corporation, (hereinafter
referred to as the "Fire Protection District") and Pricfemark Paramedic Services,
LL.C. (hereinafter referred to as "the ,Company".)
2.0 RECITALS AND PURPQSE. The City and Fire Protection District desire to
ensure the availability of adequate emergency ambulanoe service within ,the entlre
corporate limits of the City of Wheat Rldgs, and the boundaries of the Fire
Protection District, and the Company agr~es to provide such service pursuant to
the terms of this Agreement. '
3.0 TERMS AND CQNDrTjONS~ '
: -Ii
3.1 Service. The Company shall make available one (1)' ambulance to
respond to calls for medical ~ssistanoe within the City end Fire Protection
Distriot. The Company will: .malhtain en average response time of five (5)
minutes and z;:;ro (OJ seoonds e)11 ~mergency re~ponses and an aV,arage of ten .
(10) minutes on nonemergency respons~s. The Company further agrees to
make available b(:lckup ambulances to the City snd Fire Protection District
with response time of ten (10J mint/tee. '
If the Company is unable to respond with a baokup ambulanoe the Company
shall immediately call another ambulance company to provide the required
ambul'ance service and shall Immediately notify the City dispatolier.
~: ~ : ::..'
3.2 ,~, ,In consideration of keeping such ambulanoelil Elvailable, the City
and Fire Protection District agree that exoept when a helicopter is used, in all
oas"1S where a request is ~ade t\? the City or Fire Protection Distrlct for
emergency ambulance 8ervi~e 'and/or where ambulance service is "found to
be needed in the course 'pdn;'e~tigative or rescue operations, all suqh calls
shell b~ referred to the Cdm"paTlY. '"
l! :I~. ! ~ ~ 1.' '; ,.:
3.2.1 The Compan'Y :f-urther"agrees that it'shall respond to all calls
directed by the City or Fire' Protection Distriot, anc;1 shall perform its
duties under the direction and control of the Company.
3.3' .compliance with Law and Aooredltation. The Company agrees to
comply with all federal, stete, county, and focal statutes, regulations, or
GED\53027\3S41 SO.02
q/~ '.:01 j 1 11 Pf..1 fi'P,Jl-l MIJrt--J'r' LJoahl ~UrtdY D.3hl Tf) ;'O'l ~:," (:'J 1 Fl,,;f Iln "F lill
ordinances in its provision of the serviceS described within this Agreemont,
and to maintain its current ambulance llcense issued by Jefferson CountY.
The Company agrees that its records and rosters regarding equipment,
vehicles, and training may be reviewed by the City or Fire Proteotion Dlstrict
during reguiar business hours:
3.4 Communiy8tions, The Company agrees to maintain communications
capabilities with the CitY of Wheat Ridge Pollce/Fire Communications Center
and all ponce, fire, and ambulance vehicles and equipment, as well as
communications between the Company's vehicles and the ,City and Fire
Protection Distriot personnel on'scenes, and to maintain two back-up speed
dial lines containing the caller identification feature to the Communioation
Center, all at the Company's expense using direct telepnqlle line. capabilities.
The Company agrees to maintain channels one and two on the frequency of
the Company's vehicles and dispatoh cen~er. All radios ul,led shall he
programmed by Legaoy c?mmu,~,lcl\tions.
3.!S(v1edlcal SuoervisioD. 'The 'Company a~rees to utilize a Physician
Advisor agreed upon by the City and Fire Protection Distriot. A Physician
Advisor is defined as a physician who eE:tablishes protoool's for medical acts
performed byparamedios, and who Is speoifically designated and responsible
to assure the competency of ,the p~r.t~rmant:e of those acts allowed by such
paramedics. The parties hareto agree that this Seotion 3.5 shall be In effeot
only for the scope of seryiq~' ~et~iled in this Agreement. The ComplIDY
further agrees to adhere to;"as a"mirlimum standard, the Denver Metropolitan
Paramedic Protocols, as 8lJ1ended" w"ith respect to medical acts not governed
by the protocols develope~iie%~ Company Physician Advisor.
I."" I
3.6 Rates. The Company-sh'ali be allowed to charge patients its usual and
customary rates. A copy '~f ih:e ICompany's current rate schedule is attached
to this Agreement as Ex.hlbit A.' Any chElnges to the rate schedule which
exceed a Denver-Boulder Mediba1 CPI must be approved by the City and Fire
Protection District before takin9,~ff~pt. .
4.0 HELICOPTER, It is understood that in cases of extreme emergency, it may
be necessary to use a helicopter in lieu of, 'or in addition to, the Company's ground
services. Such medioal deolslons to use the helicopter service shall be made by the
pollee and/or fire perllonnel or Company-jpersonnel on scene, with the primary
responsibility for such medical decision making 'resting wIth the Company after
oonsultation with fjre and polioe person.ne) ('n the scene.
,;' .
5.0 CONTROL. The Wheat f!iqge Pollee Department shall have control ot' all
crime soenes to 'which the Company i~ requested to respond. The Wheat Ridge
Fire Proteotlon Distriot's/Fice Department's hi'ghest ranking officer on scene shall
have control of all fire .ahd EMS sbenes: Company employees shall follow the
. .
ClliO\eS027\3S4'50.01
- , 2.
0/.:../~Oi)~ I} 1,1 P~l FROI'-'l Munay Dahl M:Htd')' Dahl TO: 301 ~31-[;YL1 l-'A(3E nn"l (,F 1111
orders 'and direotions given by: ,the appropriate Police or fire personnel, as such
orders relate to scene control. T~e 'Company shall be in charge of all medical
treatment, patient oare and transport' 'issues, .and shall consult appropriate police
and fire personnel upon arrival at'the soene: ,
6.0 TRAINING. The Company agrees .to provide the City police department
personnel and Fire Protection District personnal flrl1t responder and CPR olasses at
no charge, along with appropriate medical training. The ,above mentioned classes
shall be held at times mutually.agreed upon bY the parties hereto.
7.0 EQUIPMENT.
7.1 The Company shall furnish, at its own expanse, ambulances and
accessory equipment.
7.2 The Company agrees that Jefferson CouDty or any other licensing
authority shall have the rfght toinspeot on an annual basie; the Company's
vehicles' used for performan'be, or.",ambulancli! service, for the purpose of
determining safety standarQsl"clt. tfle vehioles used and, further, to ensure
that the vehicles so used are e'qwipped with that aooessory equipment
required by the Department of Health, and said equipment shall be in, proper
working order for the use in Advanced Life Support treatment. A permit
issued 'by the Cau'nty or any' othel";lioenslng authority shalf be deemed as
evidence of said annual inspections::~"~
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7.3 The Company agrees; when operating its ambulanoe vehicles fn an
emergenoy or non-emergenoy capacity, said vehicles will be driven In a safe
and prudent manner, in complianoe with all State statutes, City and County
ordinances relatIng to the operatjon of emergen~y vehioles.
8.0 COMPANY EMPLOYEES. Eaoh crew shall consist of ,no less than a lioensed
paramedio and one qualified EMT' whose qualifioation meet the guidelines of the
statutes, rwles, and regulations of .the t;mergenoy Medical Servioes Division of the
Coforado Department of Health, a~ amended, and are acceptable to the Company
Physician Advisor. ,,'., ~,. ";",
.. ,~.~~,:.
8.1 The Company agrees, while dperetlng'lts ambulanoe in and around the
City and Fire Protection District boUl'ltlerles, the employees of the Company
ahall maintain a professional attitude'land performance standard and level of
conduct for Emergency Medical Tecl1~'icians and Paramedios.
9.0 TERM. The parties mutually agree and understand that the term of this
Agreement shall be for a period of ons' (1) year from December 27, 1999, and upon
the expiration of sald period, this Agreement may oontinue for four (4) additional
one"year perjods~ subject to the provisions hereof, provided that in no event shall
ClEO\53027\3341 80.0 1,
3 .
'Cil"-, ~I)(I'- -1 11 1!t-1 F}'I)t.>l MUfl'lY !1.ahl Mlllr-'!y Ddhl TO: "i ;-:"_4 (:,-1;'j FAI-;F (,(!r;:, IIF I'll
this Agreement continue for a period beyond five (5) years from the date of
execution hereof. Said Agreement shall ,be renewed for successive one (1.) year
periods, as ,provided herein, subject to review by the Wheat Ridge City Council and
the Fire Protection Distrit:t annually. ,This Agreement may be terminated by, the
either City Council or the Fire Protection Dlstriot, following sl:\id raview I or pursuant
to the provisions of this Agreement. Unless 50 terminated, this Agreement shall
continue in full force and effect.
In addition, the Company's performance shall be reviewed annually by the
Emergency Medical Services (EMS) Board. The parties further agree that the City
or Fire Protection District, upon a determination that the Company is not
performing the agreed upon services in a reasonable manner and/or in a timely
fashion, shall give written notloe of such dissatisfaction, and failure of the
, .
Company to develop and implement a plan to rectify substandard praotioes within
ten 110) days from receipt of notice thereof, shall give rise to the car:loellation of
this Agreement. Should such determination of dissatisfaction result from a
particular incident, the City or the Fire Protection Distriot will attempt to give oral
notice within two (2) business days ,)~f the incident giving rise to the
dissatisfaction. Upon issuanoe of III sec.o'i'ia: notice of dissatisfaction. the City or
Fire Protection District may, at its optjon:)~anc61 this Agreement with put affording
the Company the opportunity to correct the complained of substandard practice.
9.1 Nothing contained herein shall be construed as establishing any
obligation on behalf cf the City and/or Fire Protection District to make any
monetary p!lyment or other subsidy to the 'Company by virtue of this
Agreement.
9,2 This 'Agreement shall remain in full force and effect provided,
however, that either party may terminate this Agreement sooner, other than
for caUse, upon one hundred twenty (120) days' notice.
This termination provision shall also-be applicable to any renewable period
exerci.sed by tHe parties. .: ~
9.3 If any party fails to oomply'.,With any term of this Agreem(;lnt, any
other party may termInate this Agreeinent immediately upon written notice
indicating the termination elate and/or sue for bretlch of contract. In such
event, the prevailing party in such dispute shall be entitled to its reasolJ\~ble
costs, inoludlng its attorneys' fees.
10.0 ASSIGNMENT. Except as provided in this Section, the Company may not
assign or suboontract, its rights ~nd obligations under this Agreement, without the
prior written approval of the City and Fire Protection District.
GED\E30~7\334 1 e0.01
4,
~~nll"-: 1 11 f'1'1 FP('/'l MUl.ray Da.hl "1urray ['3hl Tn: :0_ ~34 :':jL"j Pl\.GE (,ne; 'IF 011
11.0 POLlCY. The Company agrees to be a participating member in any review
committee which Is established by the Clt'(or by the Company Physician Advisor.
The purposes of this committee shall be to Mt in an advisory capacity only as to
the Qperational and administrative terms contained within this Agreement. Thi~ will
include review 01 response times and determination 01 allowable exemption~ as
determined by the committee.
12.0 L1ABIl.liY. Notwithstanding any language to the contrary contained in this
Agreemel'1t, the Company is an Independent contractor and Is not an employee or '
agent of the City or Fire Protection District. The Company assumes all liability for
and agrees to indemnify and hold harmless the City and Fire Protection District
from any Bnd all oiaims for Injuries or damages, Inoluding attorney's fees, arising
from the 'Companyl,;: perf.ormance or lack of performance unqer this Agreement
.except to the extent such claim for Injury or damages which are the direct and
proximate result of an act or order of a police officer or other employee or
volunteer of the City or fire Protection District. '
, ' .,/,:".
13.0 INSURANCE. The partie~' further :agree and understand that the Company
shall mafntaln an~ kllep in foroe an automobile Insurance liability Policy with a
minimum coverage of One Million Dollars ($1,000,000.00) combined single limit for
'bodily injury and property damage. ,"
13.1 The Company shall rnain~iilin and keep in force a Professional and
, General liability insurance'lJ'olicY'covering the employees of the Company for
any and all malpractice an'Cflbr.-'.l1egilgent acts performed or committed by
those employees of the Company. Coverage for Professional/General 'liability
shall be a miriimum of one million 'dollars ($1,OOO,OOO) for anyone claim,
three million dollars ($3,000;000) annual aggregate of ~rof6ssional or
General liability and one million 'dollars ($1,000,000) combined single limit
bodily Injury and property d~mage. " .
13.2 Provided, however, that arY.'I~Dguage oontained in this paragraph 13
to th~ contrary notwithstanding, the 'C,ompany agrees that there shall be in
effect, regardless of annual ~ggregf1te amounts of Insuranoe provided, no
less than one million dollars ($1,000,000) of insurance proteotion for each of
the types of insurance proteotlon speoified in paragraph 1~.' 'hereof, which
one million dollars ($1,060,OOO) of minimum ins,utance coverage shall be
available to eaoh person or ,patient attended to or transport~d by. the
Company pursuant to the'tehlfs l1ereof. The Company also agrees to furnish
the City and Fire Protecti\?n ..DIstrict !:l Certificate of .ln~uranoe e,yjdencing the
minImum amounts of ooverage'described above, and said polley shall further
provide a specific provision relating that in the event of cancellation of said
policy, the City and FIre Protec;:tion District shall be notified in writing ten
(1 OJ' days prior to cemcella.ti61!. Th~ Company agrees to name the City and
Fire Protection Distrlct as additional' fnsured parties.
(;EO\530271334160.01
5...,
, "
',1 - Jill", ~ 1~ p~~ FP'M MIJrl.:lY D_oihl ~lUlr 'lY Dahl TO: -W-,-.:.3~ r:.,~~<ll PN~F (10-7 "F (\11
13.3 rhe Company shall maintain and keep in force a Workersi
Compensation insurance' polley tor' all its employees. ThIs coverage shall
meet the statutory limits s'at forth by the state of Colorado.
13.4 Each party shall be responsible for its own negligent acts, provided,
however, that nothing in th!s 'Agreement shall waive any immunity, defense,
Or limitation of liability available to either the City or the Fire Protection
District under the Colorado Gov~rnmentallmmul1lty Act, Seytion 24-10-101,
et seq., C.R.S.
IN WITNESS WHEREOF, the parties have 'executed this Agreement and intend for it
to be in full force'and effact as of 7:00 a.m. on the 27th day of December, 1999.
,/
, I
, PRIDEMARK PARAMEDIC SERVICES, l.L,.C.
A TrESi:
-'A1t~ tCf-
(/w I' 1>" l~
','''''\~d Repr;"~ntativeJ
OEOI53027\334'60.0'
6
9/2/20ns ~ 14 PM FRuM Mllaay DAhl Murray Dahl TO: 303 234-5924 IAI;E nn~ "F rJll
eXHIBIT A
,J..
Rate Schedule
:~r; ..
'"
:','''{'1
GED\53D27\3S'4160,0:.l ,
'-"1':"/200"" ,] H PM FF;'.JI-1 t1ulr.:'l.'l Dahl il.furr-ay [Iahl 1\;: 10j-,d1-t:..::I=',1 FA';E Iln'.) "F' nil
Pridemark Paramedic Services, LLC
City of Whe~t Ridge - RFP #99-20
Ambul~n~ Service
Corifidential
Nota: PMdemark's average Invoice for services In the Denver metro area is currently $589.00
BAse AA TES
Advanced Life Support (ALS}
ALS With Multiple Patients
ALS Mileage
Basic Life Support (BLS)
BLS With Multiple Patients
aLS Mileage
.SUPPLlES {Most Common)
IV Supplies
Blood Draw
Oxygen Supplies
Pressing. Major
Dressing Minor
Splint - Extremity
EKG;. 12 Lead
lntubalion
MED/CATIONS
Average Medication Cost
PROCEDURES (Most Common)
Blood draw
IV Start
EKG Monitor
Glucometer
Intubation
Oxygen Administration
Infection Control
$470.00
$352.50
$8.001 Mile
$365.00
$273.75
$8.001 Mile
$10.00
$5.00
$3,00
$15.00
$5.00
$20.00
$20.00
$45.00
$10.10
$25.00
$25.00
$30.00
$10.00
$40.00
$35.00
$22.00
1~J.c./2[)O~ Ij 11 PM !'TOM MundY Dahl MlllUq Dahl TO: 30.~-1.=.q ~/L'l PAGE: inn IIF (,11
Wheat Ridge Ambulanoe RFP
Exhibit A
Detailed Usual and Customary Rates
Confidential
DESCR.IPTlON RATE D~CRIPTlON RATE
ALS BASE $470.00 ALS BASE. MULTI $352.50
ALS MILEAGE $8.00 ElLS BASE - MULTI $273.75
SLS BASE $365.00
SLS MILEAGE 8.00/ MILE
TREAT ON SCENE $150.00
SUPPLIES Charge
AIRWAY $6,00
SLOOD DRAW $5,00
CHEST COMPRESSION $45.00
COLD/HOT PACK $5.00
CRICOTHYROTOMY $50.00
DEFIBIPACING $45.00
DRESSING. MAJOR $15.00
DRESSIN!3. - MINOR $5.00
Ef(G . 12 LEAD $20.00
EKG-4LEAD $10.00
KERlIX $5.00
INTUBATION $45.00
10 SUPPLIES $35.00
IRRIGATION SUP? $[\,00
ISOLATION KIT $15.00
IV DRIP SUPPLIES $10.00
IV SALINE SUPPLIES $5.00
lV BLOOD PUMP $20,00
NEBULIZER SUPPLIES, $5.00
DB PACK $100.00
OxYGEN SUPPLIES $3.00
RESTRAINTS $10.00
SI'LlNT . EXiREMlTY $20.00
SPLINT - SPINAL. $60.00
SUCTION $15.00
~j.~l20()'-, >1 14 ~'" :"FJM Murray 03hl ,'-'luna)' [).'lhl Trl: 3nl-.:.14-S~-!'::'1 FA'"-;E nIl 'IF 011
.tll~l;l~ j\IU1Jti'M.JJIUUIOII"'O t\rr
CI\IlIIJllA
Deteiled Usual and Customary Rates
Confidential
! '
!
MEDICATIONS Charge PROCEDURES Cha.rge
ADENOCARD $65,00 BLOOD DRAW $25.00
AL6UTEROL $6.00 CELUBIOPHONl: $3.00
AMMONIA AMP $1.00 CHEST COMPRESSION.CPR $25.00
ASPIRIN $1.00 I CHEST DECOMPRESSION $35.00
ATROPINE $5.00 CRICOTHYROTOMY $50.00
BENADRYL $6.00, OEFIB/PACING $35.00
BRETYLlUM TOSYLATE ' $10.00 EKG MONlTOR $30.00
DEXTROSE SO% $6.00 GLUCOMETER $10.00
DOPAMINE $10.00 INTUBATION $40.00
EPI1:1000 $6.00 10 PROCEDURE ' $15.00
51'11'10000 $6.00 IV DRIP SET UP $25.00
Gl.UCOSE . ORAL $4.00 IV MONITOR $20.00
INAPSINE $6.00 IV SALINE SET UP $25.00
LIDOCAINE $6.00 IV aLOOD PUMP SET UP $25.00
LIDOCAINE DRIP $13.00 MAST $25.00
LIDOCAINE JELLY $10.50 NEBULIZED MEDICATION S10.00
MAGNESIUM SULFATE $6.00 OB DELIVERY $100,00
MORPHINE SULFATE $6,00 OXYGEN ADMINISTRA nON S35.00
NARCAN $25',00 PULSE OXIMETRY $20.00
NEOSYNEPHRINE $6.00 RESTRAINING $25.00
NITRO $5.00 SPUNT. EXTREMilY $$0.00
SODIUM 61CARB $6.00 SPLINT - SPINAL $50.DO
TETRACAINE $6.00 SUCTION $20.00
VALIUM $6.00 EXTRICATION/EXTRACT $40.00
VAPONEPHRINE $25.00 INFECTION/LINENS $22.00
MEMORANDUM
TO
Mayor and City Council
FROM
Gerald E. Dahl, City Attorney
DATE.
September 19, 2005
RE
Intergovernmental Agreement for Ambulance Services
In December, 1999, the City entered into an intergovernmental agreement with the
Wheat Ridge Fire Protection District and Pridemark Paramedic Services, LLC for the
provision of ambulance service within the City That agreement, by its express terms,
expired on December 27, 2004 However, since that time, the parties have continued to
perform as if the agreement were in place Pridemark has continued to provide
ambulance services, and the City and the District have continued to pay for those
services pursuant to the rate schedule set forth in the December 1999 agreement.
The City and the District intend to initiate a new RFP process for ambulance services,
Pridemark mayor may not choose to submit a proposal in that process Meanwhile,
however, it is important that ambulance services continue to be provided The attached
intergovernmental agreement does so by'
1
Extending the original agreement for a period of six months.
sufficient to allow the City and the District to re-advertise and
provider
This will be
select a new
2 Ratifying the actions of the parties since the December, 2004 expiration of the
original agreement.
Approval is recommended
WRPO 007
ATTACHMENT 2
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 46
Series of 2005
TITLE:
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT FOR AMBULANCE SERVICES AMONG THE CITY
OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION
DISTRICT AND PRIDEMARK PARAMEDIC SERVICES, LLC
WHEREAS, In December, 1999, the City entered into an intergovernmental
agreement with the Wheat Ridge Fire Protection District and Pridemark Paramedic
Services, LLC for the provision of ambulance services within the City; and
WHEREAS, that December 1999 agreement, by its express terms, expired on
December 27,2004, and
WHEREAS, while the City and the District intend to initiate a new RFP process
for ambulance services, meanwhile it is important that ambulance services continue to
be provided.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1, The attached Intergovernmental Agreement for ambulance services
between the City of Wheat Ridge, the Wheat Ridge Fire Protection District, and
Pridemark Paramedic Services, LLC is approved
Section 2. This Resolution shall be effective immediately
DONE AND RESOLVED this
day of
,2005
Gretchen Cerveny, Mayor
ATTEST
Pamela Anderson, City Clerk
WRPO 009
ATTACHMENT 3
ITEM NO, _I 1331
REQUEST FOR CITY COUNCIL ACTION
C$~'I
Ini
COUNCIL MEETING DATE:
September 26, 2005
TITLE:
RIGHT OF WAY ACQUISITION FOR WEST 42ND AVENUE
D PUBLIC HEARING
[SJ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:_)
D ORDINANCES FOR 2ND READING
Quasi-Judicial
D
Yes
[SJ
No
-z:: ~
Tim Paranto, Director of Public Works
~~
City M ger ~
EXECUTIVE SUMMARY:
Mathew Rock has agreed to QUIt Claim a small triangular piece of street right-of-way along a lot at
12600 W 42nd Avenue in conjunction with a lot consolidation plat he is pursuing. The quit claim
deed will clear a nght-of-way encroachment issue at this location.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Durmg the development of a consolidatIOn plat, a surveyor error was discovered. A residential lot at
12600 W. 42nd A venue was found to encroach mto dedicated street right-of-way The encroachment is
approximately 1 Y, inches on the west to approximately 3 Yo feet on the easterly side of the lot. The
property owner, Mathew Rock has requested that the City accept a Quit Claim Deed for the property to
clear his tttle for the land. The QUIt Claim Deed will also correct any ambiguity concernmg the street
right-of-way at this locatIOn.
AL TERNA TIVES CONSIDERED:
Continue eXlstmg megularity concerning the 42nd Avenue Right-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 West 42nd Avenue as described in the QUlt ClaIm
Deed,"
or,
"I move to deny acceptance of the Right -of- W ay dedication for the following reason( s)
"
Report Prepared by'
Reviewed by:
Tim Paranto, Public Works Director
Randy Young, City Manager
Attachments:
1 Quit Claim Deed
2, Vicinity Map
05092642nd "'ye row dedication
Location: 12600 W 42ndAve.
Wheat Ridge, CO 800]]
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS, that Matthew Phillip Rock and Trudy A. Rock, whose
address is 10300 West 65tb Aveuue, City of Arvada, County of Jefferson, State of Colorado, 80004, for
the consideration of ONE and-OOnOO ($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 Ave-
nue, Wheat Ridge, County of Jefferson, State of Colorado, 80033, its successors and assigns, forever, all
thc right, title, Interest, claim and demand which the Grantors have in and to the following real property,
in the City of Wheat Ridge, County of Jefferson, State of Colorado, to wit:
A portion of a tract ofland lying in the SWY. of Section 20, Township 3 South, Range 69 West of
the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, as de-
scribed at Rcception Number F2056378 and at Reception Number F0596908, in the official rec-
ords of the County of Jefferson, State of Colorado, more particularly described as:
BegInning at the West y., Corner of said Section 20; thence S73032'34"E, 1904.70 feet to the
True Pomt of Beginning being the Northwest Corner ofa tract ofland described at Reception
Number F20563 7 8; thence N89026 '30"E along the North Line of said tract of land described
at Reception Number F2056378, 205,29 feet to the Northeast Corner of said tract ofland de-
scribed at Reception Number F2056378 also being the Nortpwest Corner of a tract of land
described at Reception Nwnber F0596908; thence N89025' 14"E along the North Line of the
tract of land described at Reception Number F0596908, 99,97 feet to the Northeast Corner of
the tract ofland described at Reception Number F0596908, thence SOoo54'04"E along the
East line of the tract ofland described at Reception Number F0596908, 3,36 feet; thence
N89'57"37"W, 305,30 feet to a point on the West Line of the tract ofland described at Re-
ceptIOn Number F2056378; thence NOoo08'59"W along the West Line of the tract ofland de-
scribed at Reception Number F2056378, 0.14 feet to the True Point of Beginning,
NOTE: All bearings arc relative to one another and are based on the bearing of the North line of
thc SW ';' of said Section 20 being N89009' 12"E between two 3 y.," diameter brass caps on alu-
minum pipe stamped L.S, #13212 in range boxes- one at the West '/, Corner of said section and
one at the Center y, Corner of said section.
-
Said tract containing 534 square feet (0,0123 acres) more or less,
Said tract to be used as: Right-of-Way
Also known by street and number as: 12600 West 42"d Avenue, 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
Signed this ..J!Il;y of<...-> pJ.-mj,..(2005
tor~
~fl,~
Trudy A. ock, Grantor
STATE OF COLORADO )
) SS.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this IAay of~, 2005, by Matthew
Phillip Rock and Trudy A. Rock.
My commission eXPires'~6~ Witness my hand and official seal.
[j.....
JENN~ EMMERICH
NOTARY PUBLIC
.. stATE OF COLORADO
My Comm\$,ion $>;piras 2/6/2006
~
The drafter oflhis description is Michael S. Chessnoe, P .E. & L.S., prepared on behalf of Matthew Phillip Rock and Trudy A.
Rock, 10300 W 65th Avenue, Arvada, Colorado, 80004 and is not to be construed as representing a monumented land survey.
ATTACHMENT 1
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ITEM NO :L I
REQUEST FOR CITY COUNCIL ACTION
'/.$~' .
I I
n~ un I
~
COUNCIL MEETING DATE.
September 26, 2005
TITLE:
PUBLIC HEARING ON THE PROPOSED 2006 BUDGET
~ PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date' _)
o ORDINANCES FOR 2ND READING
QuasI-Judicial:
o
Yes
~
No
-"" /'
f) I,'
(J ,,'A
i I~ f I '
, J 1/ J I' 1/
\..,... I {" _
Deputy City Manager
City ~UUC"~
EXECUTIVE SUMMARY:
Sections 1 0.7 and 10 9 of the Wheat Ridge City Code require that a public hearing on the proposed
budget be held before ItS final adoption and that the budget be adopted by resolution on or before the
final day (December 15,2005) estabhshed by statute for the certificatIOn of the next year's tax levy to
the county A pubhc hearing has been scheduled for the September 26, 2005 City Council meetmg to
receive input from citizens on the budget. Adoption of the 2006 Budget has been scheduled for the
October 10,2005 City Council meetmg. The proposed 2006 Budget includes $22,343,941 in expenses
in the General Fund, not including transfers, $7,765,000 in expenses in the Capital Investment
Program (CIP) Fund and $4,468,141 m expenses in the SpeCial Revenue Funds, for a total budget of
$34,577,082.
COMMISSION/BOARD RECOMMENDATION:
None
ST A TEMENT OF THE ISSUES:
The 2006 budget process started in February of 2005 With a City CounCil strategic plannmg retreat to
review and update the City'S visIOn and goals. The Wheat Ridge Vision 2020 IS,
Wheat Ridge is a Family Oriented Residential Community with a range of Quality
Homes. mixed use Urban Villages and Quality RetaIl serving our residents and servmg
as umque reglOnal destmations. Our residents have Great Access to Denver and the
mountains, enJoy an Active Lifestyle, share Small-Town Values and take Pride in Our
Commumty. Wheat Ridge - A Great Place to Live!
Wheat Ridge's goals for 2010 are'
1 Creating a Sustamable City Government
2. City Prepared for Growth and Opportunities
Strong Partnership between City and Community
4 1-70 Corridor as a Major Commercial Center
5 Better QualIty Housmg Stock
6 Redevelopment of Wheat Ridge City Center
7 Leisure Amenities for Families
~
-'
In June and agam in July, City Council held a public meetmg to allow citizens to proVide input
on the budget. The proposed 2006 Budget was distributed to City Council and made available
to the public on September 9th. On September 17th, staff presented the proposed 2006 Budget
to City Council at a budget retreat. A public heanng IS scheduled for the September 26, 2005
City Council meetmg and adoptlOn of the 2006 Budget is scheduled for October 10,2005
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
None
RECOMMENDED MOTION:
None
Report Prepared by'
Reviewed by'
Patrick Goff Deputy City Manager
Randy Young, City Manager
Attachments:
I Budget Summary by Fund
0509262006 Budget Public Hearing
a
Revenues & Expenditures Summary
Budget Summary By Fund
BUDGET SUMMARY BY FUND
Beginning Funds Fund
Balance + Revenues Expenses Balance
Awilable
(1/1/06) (12131/06)
Operating Funds
General $6,757,660 + $24,733,759 $31,491,419 $25,793,941 $5.697,478
Total Operating Funds $6,757,660 + $24,733,759 $31,491,419 $25,793,941 $5,697,478
Fund Balance Percentage 22.1%
Capital Funds
Capital Investment Program $3,945,990 + $3,830,000 $7,775,990 $7,765,000 $10.990
Total Capital Funds $3,945,990 + $3,830,000 $7,775,990 $7,765,000 $10,990
Special Reven ue Funds
Police Investigation $14.045 + $100 $14,145 $8.795 $5,350
Open Space $257,652 + $900.250 $1,157.902 $1,148,115 $9.787
Municipal Court $38,880 + $39.500 $78,380 $62.100 $16.280
Richards Hart Estate $54,964 + $57,500 $112,464 $65,000 $47,464
Senior $16,046 + $12,600 $28,646 $27,300 $1,346
Conservation Trust $250,855 + $378,000 $628,855 $465.000 $163.855
HoteV"vIotel $114,536 + $237.500 $352,036 $351.867 $169
Recreation Center Operations $2,402,470 + $2.087,766 $4,490.236 $2,339,964 $2,150,272
Total Special Revenue Funds $3,149,448 + $3,713,216 $6,862,664 $4,468,141 $2,394,523
Total Operating Funds $6,757,660 + $24,733,759 $31,491,419 $25.793,941 $5.697,478
Total Capital Funds $3,945,990 + $3,830.000 . $7,775,990 $7,765,000 . $10,990
Total Special Revenue Funds $3,149,448 + $3,713,216 $6.862.664 $4,468,141 $2,394,523
(Less Transfers) $0 + ($3,450,000) ($3,450,000) ($3,450.000) $0
GRAND TOTAL $13,853,098 + $28,826,975 $42,680,073 $34,577 ,082 $8,102,991
ATTACHMENT 1
55
ITEM NO
3,
REQUEST FOR CITY COUNCIL ACTION
COUNCil., MEETING DATE.
September 26, 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
[8J PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date Sept. 12, 2005)
[8J ORDINANCES FOR 2ND READING
Quasi-Judicial. D [8J
Yes No
~aQ
Community Development Director
City~~r ,
EXECUTIVE SUMMARY:
Chapters 2 and 26 of the Wheat Ridge Code of Laws prescribe land use case processing procedures,
the Planning ComrmSSlOn's role in various processes and the required appeal process for a denial
recommendation. However, Planning Commission's role and the appeal requirements vary between
land use processes.
Pursuant to the zoning and development code, a formal appeal of a Planning CommisslOn denial
recommendatlOn 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 recommendatlOn by Planning Commission include major subdivisions and minor subdivisions
with right-of-way dedications. Staff recommended changes would provide consistency between
processes.
Staff is recommending that Planning Commission be the final authority for non-adrmnistrative 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 removing 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 acilleving the Council's goal of being prepared for growth by
provIding more consistent case processing procedures.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission reviewed tills 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 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 2-60
of the Code of Laws.
There was no testImony from the audience given at either of these meetings regarding 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 modify the regulations.
FINANCIAL IMPACT:
There is no financial impact to the City if these code changes are approved.
RECOMMENDED MOTION:
2
"I move to approve Council Bill No. 15-2005, Case No ZOA-05-02, an ordinance amending
Chapter 2 and Chapter 26 pertaining to Planning COIllIlllsslOn's roles in various land use case
processes and appeals of certam Planning COIllIlllssion decisions, on second reading and that it
take effect 15 days after final publIcation."
OR
"I move to table indefinitely Council Bill No. 15-2005, Case No. ZOA-05-02, an ordmance
amending Chapter 2 and Chapter 26 pertaining to Planning COIllIlllssion' s roles in various land use
case processes and appeals of certain Planning COIllIlllssion decisions."
Report Prepared bY' Meredith Reckert (303-235-2848)
Reviewed bY' Alan White
Attachments:
1. Planning COIllIlllssion memo dated June 29, 2005
2. Planning COIllIlllssion memo dated July 29,2005
3 Council Bill No. 15-2005
cC'
Request for City Council Action-report form
3
City of Wheat Ridge
Community Development Department
Memorandum
TO:
FROM:
SUBJECT:
DATE:
Planning CommisslOn
MeredIth Reckert, Senior Planner
ZOA-05-02/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 Council 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 noticing 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:
"I 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 application processes regardmg
appeals to City Council.
3. The applIcants pay in advance for the cost of pubIrcation and noticmg for City
Council public hearings."
2
City of 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 meetmg, 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 of the 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 fonnal appeal required.
Planned Building Group review: No appeal filing required. Modified so that Planning
Commission is the sole authority for non-administrative P BG' 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-Wvacations that are denied
by Planning Commission are forwarded to City Council with no fonnal 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 Commission 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 resulting changes to the land use process chart due to the proposed ordinance.
However, there is a rmstake which IS bemg corrected relative to the review body for non-
administrative PBG's. The appropriate reVIew body will be Planmng 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 pertaimng 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 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 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 commission. upon demand.
(c) The planning commission 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 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 m accordance with established procedures
concerning notice to the general public and public hearings.
(d) The city council may extend the thifly 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 appro'/al of a change to a zoning district which diff-ers significantly from the
compreheFlsiye plan, the planning cOffiHllssion shall also make a recommendation for amendment
of the eBmprehellsiYe plan S0 the proposed zoning change shall fit compatibly into the overall
planning ceT-ICept of the eity.
(e) The city council and the governing bodies of all other goyernmentaJ. agenoies, and publicly
or printely owned public utilities, shall refer all matters of capital construction except for city
street ma1Btet1anCe to the pla-Blling commission to determine if they conform to the
comprehensive plan inloeation, character and extent. In the case of disapproval, the commission
shall communicate its reasons to the appropriate governing body, which has the power to
o'/errule such disapproyal by a recorded vote of a majority of its entire membership.
fB (e) The planning commission shall hold a public hearing on all zoning cases land use cases
as prescribed by Chapter 26. The staff shall provide a written staff report to the planning
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. /\ negative decision of the planning commissiEln may be appealed tEl the city cOUflcil
upon the written request of the applicant '.vithin ten (10) days of the decision by filing such
appeal with the city derk for indusion and placement on the ageFlda of the city oouncil, or the
oity council may by motion place it upon a cOl:lneil agenda for hearing and deeision. 'iNhen a
rezoning is denied, affiet1dmet1t of the comprehensive plan shall be considered.
(g) Pl:1blic hearings for development plans for planned deyelopment zoning shall be oonducted
using tbe same procedl:1res as for approval of subdivision plats.
en) Preliminary soodivisi01-l plats shall be heard and approved by the planniflg commission
through a public hearing with notification based on the requirements of the subdivision
regl:1lations.
2
(i) ,'\fter holding a public hearing on final subdivision plats, the plfffin-ing commission shall
make a recommendation to the cit)' councIl, with final action taking place at the city council.
Publie hearings shall be conducted followmg procedures outlined in the subdIyislOn regulations.
U) Pablie hearings shall be held for special use permits which approve specific land uses
followmg the procedures f-or chaRges of the zoning map. The planmng commission shall make a
reeommeB:dation to the city eouneil afld the final action shall be taken b)' the city council
following the procedures for changes to the zoning map.
-
Ck) lvlinor subdivision plats ',vithOllt public street dedications or public reservations shall be
heard aRd approved by the planning commissiDR at a public hearing. Public hearings shall be
conducted following procedures outlined in the subdiyision regulations.
(I) Minor subdivisiDn plats with public street derucations or public reservations shall be heard
by the plaflning commission at a pablie heanng and shall then be forwarded with their
recommendatlOns to city council f-or final appnwal. Pablic hearings shall be conducted follmving
procedures outlined in the sl:lbcli'iision regulations.
(m) Wherein the planning commission has demed a minor subdivision, an applicant may
appeal that decisiml to city cOlffieil in accordance with paragraph (f) of this sectlOR. Wherein the
planning commission has approved such a minor subdi'{isieR, aggrieved adjacent property
owners may appeal that decisioR to eity council in accordaNce with paragraph Cf) of this section.
Cn) Special use permits for curb cut modifieation, parking lot buffering and parking in front of
mukifamily €levelDpments shall be decided by the planmng oommission.
W (0 Amendments to the subdivision zoning and development regulations sl=tall 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 Ii propose€l amendment by the eity cOlfficil. The date of referral
shall be the date OR which the eouDcil makes its deCIsion to refer the proposed amendment to the
planning commission. Failure to make any reeommendation to the city eouncil within the thirty
day time period shall be deemed a recommendation for approyal of the proposed regulation
without comment and a referral of the proposed amendment back to the city couneil for
necessary aetioR. The city c0lfficil may extend the thirty day period based UpDR a finding that
Sewn elttension woula serve the best interests 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 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. ,^, recommendation for €len-ial shall
3
be oonsidered final, unless the applicElflt files Elfl appeal to city COUFlOil with the city clerk witll.1n
ten (10) working days of tRe planning commission decision.
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,.ef UPOB appeal
by aFl applioant 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 III 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:
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 (PBG) of Chapter 26 ofthe 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-
111. All applications shall be reviewed by the department of community development for
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 andlor the planning
commission a1'ld/or eit)' eou1'Ie11 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-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
reeommendations to city council on 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. .A.ny applicatio1'l for a planned building
group denied by planni1'lg commission may be appealed to eity coul'lcil at a public hearing. Such
heari1'lgs shall follow 1'Iotifieatiol'l and heari1'lg procedures as set forth above for planning
commission heari1'lg. The decision by the Planning Commission shall be considered final.
Appeal from a decision of the eity 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 andlor planning
commission and/or city eOl:l1'lcil 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
5
Ridge unrelated to any special plan hereunder Planned building group plans which have been
approved by the planmng commission and city council 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 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 originally 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 couRcil, 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 plaRned planning commission Ufldlor CIty council at the
time of subdivision approval. In addition, any land or facilities used in common, such as, but not
limited to drainage facilities and areas, common parking areas, ingresslegress 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:
6
E. Planning commission review. Planning commission shall hear and consider any evidence or
statement presented by the applicant, city staff, or by any person m attendance at the heanng.
The planning corrurussion 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 heanng as applied to the criteria for reVIew as specified in subsection D., hereof Planning
commission may recommend conditions or stipulations, which may include use lunitations or
operational stipulations such as reservation of utilIty easements or access easements. A
recommendation of denial by the planning commission shall be considered final, unless the city
or the applicant files an appeal to city council, with the city clerk within ten (10) worlciRg days of
the plar-ming commission decision.
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, 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-lllterest 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 in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoptlOn of thIS Ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 8. Effective Date. This ordinance shall take effect 15 days after final
publ1catlOn.
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
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
"pproval Requested Notes
Staff Neighborhood Staff PC CC BOA URPC
Site Plan X A A ~ 26-111
Maior Subdivision X H H ~RA ~ 26-404 C
Minor Subdivision X
(w/dedications) H H URA ~ 26-404,B
Minor Subdivision X
(wio dedications) H URA Appeal to CC ~ 26-404,B
Minor Plat Correction, Amendment, Revision X \A ~ 26-409
Lot Line Adjustment X A ~ 26-410
~onsolidation Plat X
(w/dedication) H H URA 1 ~ 26-404, D
Consolidation Plat X 1\ URA ~ 26-117
wlo dedication)
Planned Development: Outline Development Plan (ODP) v ~ H -l URA 2 ART III
~
Planned Development: Final Development Plan (FDP) X H rl URA ART III
Planned Development: Outline Development Plan ~ X H H URA ~ARTIII
Amendment
Planned Development: Final Development Plan Amendment ~ H H URA f\RTIII
Rezoning, Private , X H H URA ~26-112
EXHIBIT 2
1
Rezoning, City " H H URA ~~26-113
^
~26-114
~pecial Use X ~ ~ H URA ~ppeal
oCC
v anancenAdmi nistrative A Appeal to BOA ~ 26-115.C
A
v anance--Non-admi nistrative H URA 26.115,C
Temporary Permit H p" 26-115.D
Interpretation Appeal to BOA ~ 26-115,E
/.I
Histone Designation H URA "RTIX
Planned Bldg, Group X " H " ~26.116
Floodplain Permit..Class I " 26.806
Floodplain Permit--Class II ~X H 26-806
Right-of-way Vacation ~ 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 UrbaFI Renewal ,A.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 SANG
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 contmuance 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 councll
within 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 planning commission. The approval or disapproval shall
be in the form of recommendations to the city council after all necessary public hearmgs have been held.
Fmlure to make said written recommendations to City council Within Sixty (60) days shall be deemed a
ATTACHMENT 3
recommendation for approval without comment to the city council, and a resolution to that effect shall
be issued by the planning commission.
(c) The planning commission shall approve or disapprove or perform any necessary actlOn upon any
other matter properly referred to ]t 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 w]thm 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 heanngs.
(d) The city council may extend the sixty (60) day period based upon a finding that such extenslOn
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 planning commission prior to the meetmg, 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.
(t) 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 planmng 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 apphcation, basing its recommendation upon the facts presented in the public heanng in
consideration of the cnteria 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 planmng
commlSSlOn. Change of zone may only be approved by passage of an ordinance following the city's
standard ordmance adoption procedures. Notice of public hearing shall be by publication, letter and site
postmg m 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.
I 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
2
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 Wlthlll 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 computlllg the
reqUlred twenty (20) percent, and owners of non-city land withlll the one-hundred-foot hmit, as defined
above, shall be considered adjacent or opposite despite such intervening city land. The wntten protest to
such change shall be submitted to the city council no later than the hearing on the proposed rezonlllg.
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 ordlllance.
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. Ifzone
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 commumty 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 26-111 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 establishlllg necessary conditions and hmitations when acting upon
applIcatIOns,
o Review procedures
I. Administrative review The director of community development shall have the authonty to revIew
and approve, approve with modifications, or deny applicatIOns for planned building groups for no more
than four (4) mam 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 III the
R-l senes, R-2 series and A-I zone districts, and appeals by the applIcant ofthe director of community
development's deciSIOn, shall be forwarded to the planmng commission for review. In reViewing such
applIcations, the director of commumty development shall consider the standards for approval set forth
below and shall have the authority to establish necessary conditIOns and hmitations to carry out the
intent of this section.
2. Planning commission review The planning commission shall review all applicatIOns for planned
buildlllg groups which exceed administrative review authority or upon applicant appeal of an
admlllistrative 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
3
Planmng Commission shall be considered final. Appeal from a decisIOn of the Planning Commission
shall be to the Jefferson County District Court as specified m the Colorado Rules of CIVil Procedures.
3 Standards for review The director of community development and/or planmng commission shall
have the right to approve, establish necessary conditions and limItations m approving, or deny an
application for a planned building group; provided, that the followmg standards shall be applIed m 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 ofthe zoning code and of
the comprehensive plan and that it would not be contrary to the general welfare and economic
prosperity ofthe 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 commission may have mmor
administratIve 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:
I. A change m 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
mmimum 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 Illcrease III approved residential densities.
Any amendments to recorded planned building group plans, whether amended administratIvely or by
actIon of the planmng commIssion, shall be recorded with the Jefferson County Clerk and Recorder III
the same manner as the origmally 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 buildmg 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 commission at the tIme of subdivision approval. In addition, any
4
land or facilities used in common, such as, but not limited to drainage facilities and areas, common
parkmg areas, mgress/egress dnves, and landscaping or open space areas, shall be reserved by easement,
or other acceptable instrument, for the contmued right of common use of these areas or facilities.
Mamtenance of any such areas or facilities shall be the responsibility of the owner of each individual lot
wherem such common area or faCilIty lies, except that other property mamtenance agreements may be
acceptable if approved by the city attorney.
H. It IS the mtent of this section that subdivision review may be carried out simultaneously with the
review of planned buildmg group plans permitted herem. 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 bUIldmg 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
buildmg 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
planmng 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
heanng as applied to the criteria for review as specified in subsection D., hereof. Planmng commission
may recommend conditions or stipulations, which may mclude 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
demal, 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 heanng 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
ordmance City council shall base ItS deCision upon all evidence presented, with due consideration of the
cntena for review as set forth under subsection D , hereof. A three-fourths (super-majority) vote of
CIty Council IS reqUired to vacate nght-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 S 43-
23-01, et seq.
5
Section 5. Section 26-106. Review process chart. of Chapter 26 of the Wheat Ridge Code of
Laws is hereby amended as follows.
Iplanned Bldg. Group
~~S26-116
1 If five or fewer parcels, minor subdivision process apphes. 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 heanng required
A: Admimstrative 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 h see section 26-
226.
Section 6. Safety Clause. The City of Wheat Ridge hereby finds, determmes, 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 detenmnes that the ordinance bears a rations relation to the proper legislative object
sought to be attamed.
Section 7. Severabihty. 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 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 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 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 8 to 0 m
this 12th day of September ,2005, ordered published III full in a newspaper of general
6
Circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for
September 26 .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
1ST bl' .
pu IcatlOn. September 15, 2005
2nd bl' .
pu IcatlOn:
Wheat Ridge Transcript
Effective Date'
7
ITEM NO' ~
REQUEST FOR CITY COUNCIL ACTION
'I/$~'
flllD
COUNCIL MEETING DATE:
September 26, 2005
TITLE:
Council Bill 17-2005: ORDINANCE AMENDING CHAPTER 19
OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE
WHEAT RIDGE POLICE PENSION FUND.
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
~ ORDINANCES FOR I ST READING (Date. September 26.2005)
o ORDINANCES FOR 2ND READING
Quasi-Judicial'
o
Yes
~
No
City~~
P
EXECUTIVE SUMMARY:
The sworn personnel of the police department participate in The City of Wheat Ridge Money
Purchase Pension Plan for Designated Police Department Employees (also known as the Wheat
Ridge Pohce Pension Fund). The plan was originally established effecttve as of October I, 1981.
The Plan is a money purchase pension plan mtended to be a quahfied governmental plan under the
Internal Revenue Service Code of 1986 The Plan IS governed by a six member board consisting
of the Mayor, City Clerk, City Treasurer, Chief of Pohce, and two pension plan participants.
The current pension plan must be restated and submitted to the Internal Revenue Service as
detailed below
In preparation for adoption of the Restated Pension Plan, the following amendments to Chapter 19
of the Wheat Ridge Code of Laws must be considered:
.,.. Amend SectIOn 19-51(a) to define plan membership
.,.. Amend Section 19-51 (b) to delete language specific to the previously adopted plan
;- Amend Section 19-52(b) to add an additional elected sworn partiCipant Pohce Pension
Board member and establish the procedure for staggered terms.
Attached please find the draft ordinance with the recommended changes for your consideratIOn.
COMMISSION/BOARD RECOMMENDA nON:
The Wheat Ridge Police Department PensIOn Fund Board recommends approval of the proposed
ordinance changes.
STATEMENT OF THE ISSUES:
It was determined in 2004 that this pension plan had not been amended in a tImely manner as
required under the Tax Reform Act of 1986, and subsequent Federal tax acts. The pension plan
did not timely or properly apply for or receive a determination letter from the Internal Revenue
ServIce as required by these tax acts. The police pension board relied on prior legal counsel to
prepare all required amendments to the Plan to prevent a Plan Document failure. Pnor legal
counsel to the police pension board failed to properly and tImely amend the Plan and receive
required favorable determination letters from the Internal Revenue Service on behalf of the Plan.
As a result, the Plan had to be reviewed and restated. Prior to submission to the Internal Revenue
Service. the restated plan must be approved by the actIve penSIOn plan participants.
There are currently sixty-three (63) active pension plan participants. The Plan requires at least
SIxty-five percent (65%) of plan partiCIpants cast ballots in the electIOn. The election was held
begInmng on September 1,2005, through and Including September 8, 2005 The election process
was supervised and conducted by the City Clerk's Office. There were 63 ballots dIstributed. The
official results of the electIOn as counted and certified by Deputy City Clerk Christa Jones are as
follows.
. 62 Ballots approve the amendment and restatement of the Plan as set forth in the
Restated Plan.
. 0 Ballots disapprove.
. I Ballot undervote. (There was one member who was out of town on vacation and was
unable to vote).
Pension plan participants were surveyed regarding the changes made to the Plan other than those
required by state statute or federal tax code changes. Of the sixty-two (62) participants proVIded a
survey, there were forty-eIght (48) responses. The results of the survey showed partiCIpant support
for these changes.
Those portions of the restated plan before the City Council that will require City Ordinance
changes are'
. Section 19-54. Voluntary contributIOns will be discontinued as of December 3 L 2005.
. Section 19-52 An additional sworn officer will be added to the Pension Board.
. Sections 19-51, 19-52 and 19-53' AdmInistratIve "clean up" of ordinance language
pertaining to the description of the pension fund, and the elImination of the phrase
concernIng police dispatchers.
o There are no police dispatchers in the department who were hired prior tolJanuary L 1979.
AL TERNA TIVES CONSIDERED:
None. City Code SectlOn 19-52 (e) provides that "at such time the plan is approved by the members as
required herein, the same shall be forwarded to CIty council, whIch shall, by resolutlOn, approve the
plan"
FINANCIAL IMPACT:
There IS no additlOnal financIal impact anticipated upon the CIty as a result of these ordinance
changes.
RECOMMENDED MOTION:
"1 move to approve Council Bill 17-2005: An Ordinance amending Chapter 19 of the Wheat Ridge
Code of Laws Concerning the Wheat Ridge Police Pension Fund, on first reading, order it published,
public heanng set for Monday, October 10,2005 at 7'00 p.m. in CIty CounCIl Chambers, and that it
take effect 15 days after final publlcation."
or,
"I move to table indefinitely Council Bill 17-2005 for the following reason(s)
"
Report Prepared by:
Reviewed by:
Joe Cassa, Wheat RIdge Police Pension Board Chairman
DanIel Brennan, Chief of Pollce
Attachments:
1. CouncIl Bill 17-2005
2. City Code Article III. PenslOn Fund
050926 Request for City Council Action IRS Plan Compliance Sept 2005 Ordinance First Reading
FINANCIAL IMPACT:
There IS no additIOnal financIal Impact antIcipated upon the CIty as a result of these ordinance
changes,
RECOMMENDED MOTION:
"I move to approve Council Bill 17-2005. An Ordinance amending Chapter 19 of the Wheat Ridge
Code of Laws Concerning the Wheat Ridge Police Pension Fund, on first reading, order It published,
public heanng set for Monday, October 10, 2005 at 7:00 p.m. in City Council Chambers, and that it
take effect 15 days after final publication."
or,
"I move to table indefinitely Council Bill 17-2005 for the following reason(s)
Report Prepared bY' Joe Cassa, Wheat RIdge Police Pension Board Chairman
Reviewed by' Daniel Brennan, ChIef of Police
Attachments:
1 CounCIl BJ1I17-2005
2. City Code Article m. Pension Fund
Request for City Council Actjon~report form
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 17-2005
Ordinance No.
Series of 2005
TITLE:
AN ORDINANCE AMENDING CHAPTER 19 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING THE WHEAT RIDGE
POLICE PENSION FUND.
WHEREAS, the City Council of the City of Wheat Ridge has all authority
pursuant to the constitution of laws of the state to enact ordinances for the preservation
of the public health, safety and welfare; and
WHEREAS, the City Council has authority pursuant to C.R.S. 9 31-30.5-101 to
create and administer a police pension plan; and
WHEREAS, in furtherance of this authority, the City Council has established a
Wheat Ridge police pension fund; and
WHEREAS, the Council has also established a police pension board to serve as
trustee for the pension fund; and
WHEREAS, the Council wishes to adjust the membership of the police pension
board and make related changes to other sections of the Code of Laws pertaining to
the police pension fund.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS.
Section 1. Subsections 19-51 (a) and (b) of the Wheat Ridge Code of Laws are
amended to read as follows'
Sec. 19-51. Establishment.
(a) There is hereby established the Wheat Ridge Police
Pension Fund, the purpose of which is to provide
retirement benefits for members of the city police
department. Members of the plan are defined as full-
time, paid, sworn police officers of the police
department of the city and all police disp3tchers hired
prior to J3nu3ry 1, 1979.
WRCA 029
ATTACHMENT 1
(b) The pension fund established herein shall be in the
form of a money purchase plan. Tho phraso "monoy
purchaso plan" means a program under 'Nhich mombor
and city contributions are accumulated 'Nith interest to
purchase a benefit at retirement. Tho benefit amount
is dotormined by actuarially convorting tho
accumulated sum in a membor's retirement account
into a monthly benefit b::lsed on uniform actuarial
assumptiono ::lpproved by the board for ouch plans.
The tefm PLAN does not include a plan which provides
for minimum benefits or other defined benefits.
Section 2. Subsections 19-52(a)(b) and (e) of the Wheat Ridge Code of Laws
are amended to read as follows:
Sec. 19-52. Operation.
(a) The POLICE PENSION FUND policemen's monoy
purchase plan of the city shall be operated in
accordance with the laws and the statutes of the state
as provided in C.R.S. tit. 31, art. 30.5 [3 31 30 101 at
seEr.]as amended, and as the same may later be
amended.
(b) The police pension board shall serve as trustees for
the plan hereby created. The members of the police
pension board shall be the mayor, the city treasurer,
the city clerk, the chief of police, and two (2) THREE
(3) members of the plan as defined herein, which
members of the plan shall be elected by the
membership of the plan. One (1) such plan member
shall be elected annually for a twe- THREE-year term,
so that the t'#o (2) THREE (3) elected board members
serve staggered terms as trustees, SUCH THAT ONE
MEMBER IS ELECTED EACH YEAR.
NOTWITHSTANDING THE FOREGOING. IN ORDER
TO ACHIEVE STAGGERED TERMS AMONG THE
THREE (3) ELECTED MEMBERS OF THE BOARD,
AT THE ELECTION HELD IN NOVERMBER, 2005,
TWO (2) MEMBERS SHALL BE ELECTED: THE
CANDIDATE RECEIVING THE HIGHEST NUMBER
OF VOTES SHALL BE ELECTED TO A THREE (3)
YEAR TERM, AND THE CANDIDATE RECEIVING
THE SECOND HIGHEST NUMBER OF VOTES
SHALL BE ELECTED FOR A TWO (2) YEAR TERM.
WRCA 026
The trustees shall receive no pay for services as
members of the board.
(c)
(d)
(e) A plan document shall be prepared specifying the
operation of the money purchase plan, and detailing
handling of contributions, administration of the plan,
refunds upon termination, the manner of benefit
payments, and other information as required by
applicable state law or this article or as is deemed
necessary by the police pension board. A summary of
the plan document shall be provided to all members of
the plan, who shall thereafter be polled regarding their
approval of the plan as provide in C.R.S. S 31 30
1003.2(2)(0) ~ 31-30.5-101 et seq. At such time as the
plan is approved by the members as required herein,
the same shall be forwarded to city council which shall,
by resolution, approve the plan.
Section 3. Subsection 19-53(a) amended to read as follows:
Sec. 19-53. Contributions - City.
(a) The city shall pay from the general funds of the city into
the police pension fund hereby created a sum monthly
as shall not exceed ten (10) percent of the monthly
salaries of all full-time paid, sworn police officers of the
police department of the city. And all polico
dispatchors hired prior to January 1, 1979. The city
council shall be empowered to establish on a yearly
basis the specific annual amount to be paid from the
general fund of the city into the police pension fund.
Section 4. Subsection 19-54(b) is amended to read as follows:
Sec. 19-54. Same - Officers.
(b) TO AND INCLUDING DECEMBER 31, 2005, members
may also elect to contribute a supplemental amount
monthly to the fund, provided that the total amount
contributed monthly by any member, including
matching and supplemental contributions, shall not
exceed twenty-five (25) percent of the member's
WRCA 026
current monthly salary. THIS SUBSECTION (B)
SHALL BE REPEALED AS OF JANUARY 1, 2006.
Section 5 Severability. If any clause, sentence, paragraph, or part of this
Ordinance or application thereof to any person or circumstances shall for any reason be
judged by a court of competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this Ordinance or its application to other persons
or circumstances.
Section 6. Effective Date. This Ordinance shall take effect immediately upon
adoption, as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _
on this _ day of , 2005, ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearing and consideration on
final passage set for , 2005, at 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.
ATTEST:
PAMELA Y. ANDERSON, CITY CLERK
GRETCHENCERVEN~MAYOR
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD E. DAHL, CITY ATTORNEY
1 st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
WRCA 026
ARTICLE III PENSION FUND*
Page 1 of 3
ARTICLE III. PENSION FUND*
*State law references: Policemen's pension fund, C.R.S. S 31-30-301 et seq.
Sec. 19-51. Establishment.
(a) There is hereby established the Wheat Ridge Police Pension Fund, the purpose of
which is to provide retirement benefits for members of the city police department.
Members of the plan are defined as full-time, paid, sworn police officers of the police
department of the city, and all police dispatchers hired prior to January 1, 1979.
(b) The pension fund established herein shall be in the form of a money purchase
plan. The phrase "money purchase plan" means a program under which member and
city contributions are accumulated with interest to purchase a benefit at retirement. The
benefit amount is determined by actuarially converting the accumulated sum in a
member's retirement account into a monthly benefit based on uniform actuarial
assumptions approved by the board for such plans. The term does not include a plan
which provides for minimum benefits or other defined benefits.
(Code 1977, S 18-38, Ord. No. 1989-803, S 1,8-14-89)
Sec. 19-52. Operation.
(a) The policemen's money purchase plan of the city shall be operated in accordance
with the laws and the statutes of the state as provided in C R.S. tit. 31, art. 30 [s 31-30-
101 et seq.], as amended, and as the same may later be amended
(b) The police pension board shall serve as trustees for the plan hereby created The
members of the police pension board shall be the mayor, the city treasurer, the city
clerk, the chief of police, and two (2) members of the plan as defined herein, which
members of the plan shall be elected by the membership of the plan. One (1) such plan
member shall be elected annually for a two-year term, so that the two (2) elected board
members serve staggered terms as trustees. The trustees shall receive no pay for
services as members of the board.
(c) In serving as trustees of the pension fund hereby established, said trustees shall
be vested with all powers and authority granted by law and those powers which are
reasonably necessary to carry forward the function of serving as trustee of such fund
The police pension board shall have full and complete control of all funds in the money
purchase plan and shall utilize their best efforts to ensure that all funds are maintained
and invested for the benefit of the members of the money purchase plan
(d) The police pension board shall have express authority to establish a plan
consistent with applicable state law and the terms of this article to accomplish the ends
specified herein In the operation of the police pension fund, the same is and shall be
separate and distinct from the pension fund operated by and controlled by the state. In
carrying out its duties, the police pension board may employ as a consultant any person
whose expertise is deemed needed by the members of the board. The police pension
ATTACHMENT 2
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ARTICLE 1lI PENSION FUND*
Page 2 of 3
board shall make all necessary rules and regulations for managing and discharging its
duties as trustees of the money purchase plan, so long as all of said rules and
regulations are consistent with the applicable state law and the provisions of this article.
A record of all actions taken by the board in carrying out its duties shall be kept and
preserved, and shall be maintained as a public record of the city.
(e) A plan document shall be prepared specifying the operation of the money
purchase plan, and detailing handling of contributions, administration of the plan,
refunds upon termination, the manner of benefit payments, and other information as
required by applicable state law or this article or as is deemed necessary by the police
pension board. A summary of the plan document shall be provided to all members of the
plan, who shall thereafter be polled regarding their approval of the plan as provided in
C R.S. S 31-30-1003.2(2)(c) At such time as the plan is approved by the members as
required herein, the same shall be forwarded to city council which shall, by resolution,
approve the plan
(Code 1977, S 18-39; Ord. No. 1989-803, S 2, 8-14-89)
Sec. 19-53. Contributions--City.
(a) The city shall pay from the general funds of the city into the police pension fund
hereby created a sum monthly as shall not exceed ten (10) percent of the monthly
salaries of all full-time paid, sworn police officers of the police department of the city, and
all police dispatchers hired prior to January 1, 1979. The city council shall be
empowered to establish on a yearly basis the specific annual amount to be paid from the
general fund of the city into the police pension fund.
(b) In addition to the monies provided for in this section, such fund shall consist of all
monies that may be given to such board or fund by any person for the use and purpose
for which such fund is created. Such board of trustees may take, by gift, grant, devise or
bequest, any money, personal property, or real estate or interest therein, as trustees, for
the uses and purposes for which the fund is created.
(Code 1977, S 18-40)
Sec. 19-54. Same--Officers.
(a) The members of the police department shall from their respective monthly salaries
contribute into the police pension fund a percentage of their respective monthly salaries
which is not less than the percentage paid into the fund by the city so that the
contribution of the police department as a whole shall match the contribution of the city.
(b) Members may also elect to contribute a supplemental amount monthly to the fund,
provided that the total amount contributed monthly by any member, including matching
and supplemental contributions, shall not exceed twenty-five (25) percent of the
member's current monthly salary.
(Code 1977, S 18-41)
Sec. 19-55. Same--Refund.
Should any member of the police department who has contributed to the fund
established hereby leave the service of the city, said member shall receive a full refund of all
contributions made by him to the fund, plus any amounts contributed by the city and to which
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ARTICLE III PENSION FUND*
Page 3 of 3
the member has a vested right according to the vesting schedule contained within the
plan document specified herein.
(Code 1977, S 18-42)
Secs. 19-56--19-75 Reserved.
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ITEM NO: S I
REQUEST FOR CITY COUNCIL ACTION
\/$~'
ru
COUNCIL MEETING DATE.
September 26, 2005
TITLE:
RESOLUTION 47-2005 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WHEAT RIDGE CONCURRING
WITH THE PHASING AND FUNDING OF THE I-701W32ND
AVENUE INTERCHANGES SYSTEM LEVEL FEASIBILITY
STUDY
D PUBLIC HEARING
D BIDS/MOTIONS
IS] RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date' _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial.
D
Yes
IS]
No
~l~
City Ma er <S
EXECUTIVE SUMMARY:
The Colorado Department of Transportation (CDOT) together With Jefferson County recognize the
need for improvements m the operatiOn of existing transportation systems m the 1-70, State Highway
58 and West 32nd Avenue areas. CDOT and Jefferson County together will commit up to $70 million
for transportation system improvements to this area. Transportation system improvements may
include a portion of the 1-70/SH58 interchange improvements as described m the Findmg of No
Sigmficant Impact (FONSI) for this mterchange, as well as improvements at the 1-70/32nd Avenue
interchange as determined by the outcome of the metropolitan planning process for this general area.
At the request of the Colorado Department of Transportation and as part of the 1601 process the City
of Wheat Ridge has been requested to approve this resolutiOn, itS components and defined
responsibilities and acknowledge that final fundmg and phasing plans will be better-defined withm the
future Inter-Governmental Agreement (IGA) and subsequent National Environmental Protection Act
(NEP A) documentatiOn. The Transportation Commission of Colorado is scheduled to discuss and act
on the Interstate 70/32nd Avenue Interchange System Level Feasibihty Study at its September 27th
meeting through approval of a resolution.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
CDOT and Jefferson County recognize the need for improvements in the operation of existing
transportation systems in the 1-70, State Highway 58 and West 32nd Avenue area and together will
commit up to $70 million for transportatIon system improvements in thIS area. Transportation system
improvements will be constructed over tIme and not all improvements are Intended to be constructed
early in the project. It is antiCIpated that transportation Improvements will be constructed
commensurate with additional traffic generated by the Cabela's development.
AL TERNA TIVES CONSIDERED:
Not authorize resolution.
FINANCIAL IMPACT:
The City of Wheat Ridge will be responsible for the cost of transportation system improvements above
the $70 million committed by the Colorado Department of Transportation and Jefferson County The
City will receive monetary assistance from Cabela's and a future Metro District for improvements.
Transportation system improvements will be constructed over time and not all improvements are
intended to be constructed early in the project.
RECOMMENDED MOTION:
"I move to approve Resolution 47-2005, a Resolution ofthe City Council of the City of Wheat Ridge
Concurring WIth the Phasing and Funding of the I-70/32nd Avenue Interchange System Level Feasibility
Study."
or,
"I move to table indefinitely Resolution 47-2005, a Resolution of the City Council of the CIty of Wheat
Ridge Concurring with the Phasmg and Funding ofthe I_70/32nd Avenue Interchange System Level
Feasibility Study for the followmg reason(s) "
Reviewed by:
Randy Young, City Manager
Attachments:
1. I_70/32nd Avenue Interchange System Level Feasibility Study ExecutIve Summary (full
document available on cabwheatridge.com)
2. Draft TransportatlOn Commission of Colorado Resolution
3. Resolution 47-2005
1-70/32"d AVENUE INTERCHANGE
SYSTEM LEVEL FEASIBILITY STUDY
EXECUTIVE SUMMARY
Prepared for:
City of Wheat Ridge, Colorado
7500 West 29th Avenue
Wheat Ridge, CO 80033
Prepared by:
Felsburg Holt & Ullevig
6300 South Syracuse Way, Suite 600
Centennial, CO 80111
303/721-1440
Project Manager: Christopher J. Fasching, P.E.
Project Engineer' Jenny A. Young, P E.
FHU Reference No 04-180
September 2005
ATTACHMENT 1
1-70/3Z'd A venue Interchange System Feasibility Level Study
EXECUTIVE SUMMARY
prqject Description and Location
The project is located in the western reaches of the Denver Metropolitan area as shown in
Figure 5-1 The Study Area falls partially within Wheat Ridge, Lakewood, and unincorporated
Jefferson County and includes 1-70 and SH 58 A Cabela's shopping center, planned to include
800,000 square feet of retail and commercial uses, is proposed just northwest of the 1-70/32nd
Avenue interchange. This interchange is the prime focus of this feasibility study, but the study
area extends along SH 58 from Washington Street in Golden to 1-70 and along 1-70 from Denver
West Boulevard to Kipling Street. The City of Wheat Ridge is the formal sponsor and applicant
of this effort.
Prqject Purpose and Need
The 1-70/32nd Avenue interchange is non-standard and includes very closely spaced
intersections (along 32nd Avenue) Current peak hour traffic demands have pushed this
interchange's capacity to its limit. The planned construction of a Cabela's shopping center
northwest of the 1-70/32nd Avenue interchange will place increased traffic through this
interchange and onto the local transportation system.
The primary purpose of the project is to relieve traffic congestion at the 1_70/32nd Avenue
interchange and address the transportation demands on the system due to the Cabela's
shopping center and other regional growth, Relieving traffic congestion at this interchange can
be accomplished through its improvement and/or through the provision of alternative routes
within the study area, The Cabela's shopping center is planned to include over one-half million
square feet of development and will have a substantial impact on the interchange unless
system-level transportation improvements are provided.
Study Process
To assist in the conduct of this study, a Project Committee met periodically to discuss progress
and issues to keep the effort focused. The Committee included representatives from the
Colorado Department of Transportation (CDOT), Jefferson County, City of Wheat Ridge,
Federal Highway Administration (FHWA), Cabela's and the Coors Brewing Company (Coors)
Three public open house meetings were held in support of this project. The first public meeting
involved introducing the study to the publiC and to show numerous system-level alternatives for
consideration. The second open house meeting presented a status-report of the screening
process, The third public meeting presented the final three alternative packages resulting from
this study Over the course of the study, numerous comments were received covering a wide
range of subjects. Generalized public comment for improvement possibilities were as follows:
Felsburg Holt & UI/evig
Page i
1-70/ 32nd Avenue Interchange System Level feasibility Study Colo<adoD.p.rtmeotoil..n,po,t.tion' CityoiWh..tRidg.' ,.bbu'gHolt&UII.,ig
~
~.
01
~
):.
~
North
Figure 5-1
Project Location and Study Area
~
1-70/3Z'd A venue Interchange System Feasibility Level Study
. Provision for a new interchange onto SH 58.
. Construction of a 40th Avenue underpass of 1-70 to Youngfield Street at approximately
40th Avenue.
. Any means to discourage traffic from using 32nd Avenue. Alternatives that did not
connect 1-70 ramps to 32nd Avenue were favored as was disconnecting Cabela Drive
from 32nd Avenue.
Existing Conditions
Land uses in the study area are mixed. Retail uses are located along Youngfield Street and
northwest of the 1-70/32nd Avenue intersection. A church exists southwest of 1_70/32nd Avenue
and residential development exists beyond these areas near the interchange. The uses along
44th Avenue are primarily industrial in nature, but residential uses exist beyond these industrial
uses north of 44th Avenue. Along 27th Avenue, commercial uses and a park exist east of
Youngfield Street with residential uses further east as 2ih Avenue aligns into 26th Avenue.
The key roadway facilities within the study area include the freeways of 1-70 and SH 58
Youngfield Street and 32nd Avenue are the primary local street facilities in this study, but 44th
Avenue, Mcintyre Street, Ward Road, and 27th Avenue are also included COOT plans to
enhance the 1-70/SH 58 interchange through the construction of missing ramps connecting
SH 58 with 1-70 west, the relocation of the east ramps at Ward Road, and the modification of the
interchange's other ramps. These improvements have been cleared environmentally through a
Finding of No Significant Impact (FONSI) and the first phase of construction has been designed.
Traffic Volumes, Operations, and ACCident Experience
1-70, the busiest facility in the study area, carries approximately 81,400 vehicles per day east
and west of 32nd Avenue, SH 58 carries approximately 28,000 vehicles per day while Youngfield
Street and 32nd Avenue each carry 20,000 to 25,000 vehicles per day at their intersection.
The intersections of Youngfield StreeU32nd Avenue and of Ward Road/44th Avenue typically
experience congestion during the PM peak hour as do the ramp intersections at both
interchanges, The close spacing of successive traffic signals along these roadways contribute
to the poor operations, Along the freeway system, the analysis indicates that there are
operational issues on 1-70 east of Ward Road.
Accident data were compiled for the study area covering an approximate five-year period. Most
accidents occurred at the interchanges with rear end-type accidents being the predominate
pattern, However, COOT's Safety Performance Function Diagram indicates that these sections
of 1-70 and of SH 58 within the study area have historically been safer than similar freeway
segments
Felsburg Holt & Ullevig
Page iii
1-70/3Z'd A venue Interchange System Feasibility Level Study
Year 2030 Conditions
Land Use and Roadways
The nearby development of a Cabela's shopping center is a major consideration in this study
The entire development could reach 800,000 square feet and including non-retail uses. This
development is planned to be located northwest of the 1-70/32nd Avenue interchange with
access to the south connecting to 32nd Avenue and access to the west connecting to Mcintyre
Street.
Roadway-wise, the most significant improvement already planned for the area is COOTs
interchange improvements at 1-70/SH 58. This project includes the addition of the "missing"
ramps between SH 58 and 1-70 west as well as modifications to other area ramps. The year
2030 Base Case study area roadway network includes only the existing system plus the
addition of the 1-70/SH 58 ramps mentioned above.
Traffic Forecasts and Operations
ORCOG's regional model was used to develop year 2030 traffic forecasts in the immediate
area, The modeling was conducted assuming that SH 58 and 1-70 (south of SH 58) would each
be widened as part of the Northwest Corridor representing a worse-case scenario in developing
traffic forecasts for this feasibility study In 2030, 1-70 is expected to carry 155,600 vehicles per
day east of 32nd Avenue and 152,300 vehicles per day west of 32nd Avenue. SH 58 is projected
to carry 90,000 vehicles per day and the local street of Youngfield Street and 32nd Avenue are
expected to carry 40,000 vehicles per day (plus or minus) at their intersection. The Cabela's
shopping center traffic would comprise five to six percent of the total 1-70 traffic in the study
area, but it would more than double the traffic along 32nd Avenue at 1-70 without system
improvements, The levels of service along the freeway system are not anticipated to change
substantially due to the development. Table 5-1 shows a comparison of existing traffic Levels
of Service and year 2030 with and without the proposed Cabela's Shopping Center The top
half of the table show the LOS for the freeway segments most impacted by the development.
Only a few of the Levels of Service are shown to drop one level due to the development; most
are anticipated to stay the same,
The bottom half of Table 5-1 shows the same type of comparison for the intersections that
would be most impacted by the development. These primarily include the 1-70/32nd Avenue
interchange intersections, and the table shows that the impact of the Cabela's shopping center
traffic would significantly reduce these intersections' level of service. The table also shows that
many of these intersections would operate at LOS F by 2030 anyway without the impact of the
Cabela's shopping center The SH 58 Frontage Road intersection with Mcintyre Street would
also operate poorly due to the Cabela's shopping center unless improvements are implemented
Felsburg Holt & Ullevig
Page iv
1.70/3Z'd A venue Interchange System Feasibility Level Study
Table S-1
Selected Peak Hour LOS Results - Cabela's Shopping Center Impact 1 2
Traffic Volume Scenario - AM (PM) Peak Hour Results 3
Freeway Segment or Existing with 2030 Without 2030 With
Intersection Existing Cabela's Cabela's Cabela's
Shopping Center Shopping Center Shopping Center
Freewav Seaments
1-70 W/320U Avenue D(D) D D E (E) E (F)
1-70; 3200 to SH 58 D(D) D D E (F) E (F)
1-70; SH 58 to Ward Road E(E) E E F (D) F(D)
1-70 E/Ward Road E (E) E(F) F (F) F (F)
SH 58 WI/-70 A(B) A(B) C(C) C (C)
Intersections
1-70 West Ramps/32Oo B (C) B (F) E (F) F (F)
Avenue
320U AvenuelYoungfield C (D) E(F) E (F) F (F)
Street
320a AvenuelYoungfield
Street Service Road A (A) D (F) E (F) F (F)
(Cabela Drive)
Youngfield Street! B(F) F (F) B (F) F (F)
1-70 EB Off Ramp
Youngfield Street! B (B) B (D) A(B) B (C)
1-70 EB On Ramp/38th 4
1 LOS results reflect the Base Case network for 2030 traffic, existing network for existing traffic.
2 Selected freeway segments and intersections reflect those most impacted by the Cabela's
shopping center The interchanges of 1-70/Kipling, 1-70/Denver West, and SH 58/Washington
Street were not found to be significantly impacted by the development based on the travel
demand modeling,
3 Reflects peak direction of travel.
4 Assumed to be at 35th Avenue in 2030 as part of the 1-70/SH 58 interchange improvements,
Traffic operations in year 2030 are projected to be very poor given the Base Case network,
Select freeway ramp merge and diverge points are forecasted to operate very poorly as are the
intersections along 320d Avenue at 1-70 and along 44th Avenue near Ward Road and the 1-70
interchange The analyses show that there will be far more traffic in 2030 than the system can
accommodate, thus necessitating system improvements.
Description of Alternatives
There were numerous alternatives considered in this System Level Feasibility Study
Twenty-one system alternatives were developed for consideration and additional sub-
alternatives were developed during the screening process.
Felsburg Holt & Ullevig
Page v
/.7013Z'd Avenue Interchange System Feasibility Level Study
Improvement alternatives included the following interchange options at 1-70/32nd Avenue:
~ Existing configuration,
~ Standard Diamond; shift Youngfield Street to the east,
~ Offset Urban; keep Youngfield Street on current alignment,
~ Standard Urban, shift Youngfield Street to the east,
~ "Hook" ramp configurations intersecting with Cabela Drive on the west side of 1-70 and
Youngfield Street on the east side (several sub-alternatives for the ramps along the west
side were considered),
~ Parallel one-way road system (straddling 1-70),
~ Complete closure of the 1-70/32nd Avenue interchange in lieu of an interchange onto SH
58,
~ Complete closure of the 1_70/32nd Avenue interchange in lieu of an interchange at
1-70/38th Avenue,
~ Existing configuration with widening Youngfield Street and 32nd Avenue in the immediate
area,
~ Existing configuration with Youngfield Street and 32nd Avenue grade-separated, and
~ Roundabout intersections,
Various alternatives were also considered for new access onto SH 58 and/or a connection with
44th Avenue The following summarize the various SH 58 options:
~ New direct access to/from SH 58 west of and near 1-70 (several variations were
considered),
~ New urban interchange at Eldridge Street,
~ New diamond interchange west of Eldridge Street,
~ New split diamond interchange involving Cabela Drive and Mcintyre Street,
~ Grade-separated connection with 44th Avenue, no new access to SH 58,
~ Cabela Drive connection to Mcintyre Street; sub alternatives included
. Roundabout intersection incorporating SH 58 south ramps, Mcintyre Street and
Cabela Drive,
. Multi-phased traffic signal including the same roadways,
Fe/sburg Holt & Ullevig
Page vi
I.IO/3Z'd A venue Interchange System Feasibility Level Study
· Realignment of Cabela Drive to the south of Clear Creek to intersect Mcintyre Street
away from SH 58
Other study area improvements that were considered in the alternatives include.
~ A new underpass of 1-70 connecting with Youngfield Street at approximately 40th
Avenue,
~ Widening Youngfield Street from 38th Avenue north to 44th Avenue,
~ Widening Youngfield Street through the 32nd Avenue intersection, and
~ Widening 32nd Avenue through the 1-70 area, Alkire to Xenon.
Evaluation of Alternatives
A three-tiered screening process was used in analyzing the alternatives. The first tier was
primarily a fatal flaw analysis. The second tier was focused on projected year 2030 PM peak
hour traffic operations using level of Service (LOS) measures for freeway operations and the
study area intersections. Alternatives that survived to the third tier were evaluated relative to
design, traffic, and impacts on the surroundings. The screening also incorporated public input in
considering specific improvement components.
Eleven of the original 21 were screened out in the first tier due to a variety of reasons including
the following
~ Some alternatives include new ramps onto SH 58 or onto 1-70 that would be too close to
the 1-70/SH 58 interchange or would directly connect into it. This contradicts driver
expectancy at a freeway-to-freeway interchange and thus compromises safety As such,
these were eliminated from further consideration. Some of the other alternatives that
include new or modified ramps away from 1-70/SH 58 interchange were retained in the
first tier of screening. Eight alternatives were dismissed due to these considerations,
~ Two alternatives have obvious issues relative to function and circulation These include
the roundabouts at 3200 Avenue which were found to not properly serve year 2030 PM
peak hour traffic forecasts, and the eliminated Cabela Drive connection to 32nd Avenue
option, which was not supported by the local agencies,
~ One alternative, an urban interchange onto SH 58 at Eldridge Street, was eliminated due
to design challenges associated with the railroad crossing.
The second level screening of the remaining 10 alternatives focused on traffic operations.
Freeway and intersection operations were analyzed and numerous alternatives were found to
not properly function given year 2030 PM peak hour traffic. These included:
~ 32nd Avenue Offset Urban Interchange.
~ Parallel One-Way Frontage Roads.
Felsburg Holt & Ullevig
Page vii
1.10/3Z'd A venue Interchange System Feasibility Level Study
~ New interchanges onto SH 58 as a stand alone improvement. However, the concept of a
SH 58 interchange was not eliminated at this point in the screening with the thought that
it could be incorporated with other alternative improvements.
~ Hook ramps with the realignment of 32nd Avenue into Cabela Drive.
~ Current conditions with widening along 32nd Avenue and along Youngfield Street.
~ Current conditions with grade-separating Youngfield and 32nd Avenue.
From the second tier screening, three alternatives at the 1-70/32nd Avenue interchange remained
for further consideration including:
~ Standard diamond interchange,
~ Standard urban interchange, and
~ Offset hook-ramp configuration.
From this short list of three, sub-alternatives were developed and analyzed in more detail. From
these analyses, public input, and discussion amongst the Project Committee, a short list of
improvement options was developed for two key areas including the 1-70/32nd Avenue
interchange and the west end of Cabela Drive. Mixing and matching these short listed options
and incorporating a series of needed common improvements produced three improvement
"packages" described in the following section.
Alternative Packages
From the analysis that has been conducted and from the public input received, improvements
were combined to develop three alternative packages described as follows.
~ Alternative Package 1 - This includes a standard urban interchange at 1-70/32nd
Avenue, The common improvements include a 40th Avenue underpass to Youngfield
Street, widening of Youngfield Street to include four through lanes from 38th Avenue to
44th Avenue, turn lane additions along 44th Avenue and Ward Road, and the CDOT
planned improvements at the 1-70/SH 58 interchange This package includes the
relocation of Youngfield Street to the east at 32nd Avenue to allow for adequate space to
construct the urban interchange, 32nd Avenue would be widened as far west as Alkire
Street and as far east as the new Youngfield Street alignment. This package also
includes the construction of Cabela Drive north from 32nd Avenue, through the Cabela's
shopping center development site and west to Mcintyre Street following the SH 58
Frontage Road. Cabela Drive would be realigned to intersect Mcintyre Street farther
south of the existing SH 58 interchange and south of Clear Creek.
~ Alternative Package 2 - This alternative incorporates hook-ramps at the 1-70/32nd
Avenue interchange, While not a standard design, this configuration incorporates
westbound hook-ramps into Cabela Drive north of 32nd Avenue The eastbound hook
ramps would tie into Youngfield Street at 27th Avenue. There is public support for ramp
connections like this not connecting with 32nd Avenue, but there remains some concern
about the potential traffic increases along 27th Avenue. Additional refinement of this
Felsburg Holt & Ullevig
Page viii
/-lO/3Z'd Avenue Interchange System Feasibility Level Study
alternative may be necessary to address this concern, This package also includes the
"common" improvements from Alternative Package 1, and it incorporates a new
interchange onto SH 58 west of Eldridge Street. The lack of ramps onto 3200 Avenue
and a new interchange onto SH 58 are both generally supported improvements based
on public comment. Cabela Drive would be aligned into the new SH 58 interchange and
connect with 44th Avenue. No improvements are included at McIntyre Street under this
package.
. Alternative Package 3 - This alternative is a hybrid of Packages 1 and 2, This package
includes the hook-ramp configuration at 1-70/32nd Avenue as previously described.
Cabela Drive is part of this package as in Alternative 1 extending west to Mcl ntyre Street
and realigning to the south, All common improvements previously described are
included in this alternative package.
All three alternative packages are shown in Figures 5-2 through 5-4
Phasing and Funding
Three improvement package alternatives have been developed for further consideration and
screening as part of the National Environmental Policy Act (NEPA) process This chapter
generally depicts the funding plan that has been developed to implement one of the packages
as well as the preliminary cost estimates for each of the alternatives. This plan was developed
from a series of meetings that took place amongst the parties involved including the City of
Wheat Ridge, Jefferson County, CDOT, and Cabelas,
Including the 1-70/SH 58 interchange improvements, the total package costs will range from
$107 million to $119 million with over half of this amount attributed to the 1-70/SH 58
interchange. The following present the costs for each package
. Alternative Package 1 - $118 9 Million
. Alternative Package 2 - $111 0 Million
.. Alternative Package 3 - $104.2 Million
The Colorado Department of Transportation (CDOT) together with Jefferson County recognizes
that there is a need to improve the operations of the existing transportation system in this area,
and therefore together will commit up to $70 million for these types of transportation system
improvements. These improvements may include a portion of the 1-70 / SH 58 interchange
improvements as described in the Finding of No Significant Impact (FONSI) for this interchange,
as well as improvements at the 1-70/3200 Avenue interchange, or as determined by the
outcome of the metropolitan planning process for this general area. The final decision of the
expenditure of these funds will reside with the Department of Transportation and Jefferson
County The Department is currently working to complete the final design for two additional
ramps (the missing directional movements) at 1-70 1 SH 58 interchange
The City of Wheat Ridge will be responsible for the remainder of the improvements as
determined by the continuing NEPA process. Additionally, the City will obtain monetary
assistance from Cabela's.
Felsburg Holt & UI/evig
Page ix
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1-10/3Z'd A venue Interchange System Feasibility Level Study
The identified transportation improvements will be constructed over time Not all of the
improvements are intended to be constructed early in this project. The alternative packages
developed in this study are designed to accommodate year 2030 traffic projections including the
traffic generated by this development, so the need for every improvement component in the
near-term is not necessary However, it is anticipated that transportation improvements will be
constructed commensurate with the additional traffic that is generated by this development.
Tied with a funding plan, an improvements phasing plan will be developed such that appropriate
improvements will be in place to accommodate traffic demand increases as they occur. In
essence, the phasing plan will match the improvements to the demands to ensure that traffic
operations are the same or better over a No-Action (no improvements or no new development)
scenario in the near-term and mid-term planning horizons.
The funding and phasing plans will be better-defined within the Inter-Governmental Agreement
(IGA) and subsequent National Environmental Protection Act (NEPA) documentation.
Summary and Conclusions
The analysis of the 1-70/32nd Avenue study area has shown that the existing roadway system
and interchange configuration will not be able to accommodate future travel demands.
Significant system embellishments are required in light of the existing traffic demands and the
potential traffic increases due to local planned development including a Cabela's shopping
center The analysis has shown that improvements beyond simply enhancing the 1-70/32nd
Avenue interchange are necessary given year 2030 traffic projections,
Many system alternatives have been considered. Improvements which should be considered,
regardless of the interchange scheme, include a 40th Avenue underpass of 1-70, turn lane
additions along 44th Avenue between Youngfield Street and Ward Road and the widening of
Youngfield Street from 38th Avenue to 44th Avenue. Optional packages beyond these common
improvements include.
~ 32nd Avenue - Either a single point urban interchange or a hook-ramp interchange
configuration,
~ SH 58 - Possibly incorporate a new diamond interchange onto SH 58 just west of
Eldridge Street with a Cabela Drive cross-street that connects to 44th Avenue,
~ Mclntrye Street - Possibly shift the alignment of Cabela Drive to the south across Clear
Creek and across the railroad such that it intersects with Mcintyre Street away from the
SH 58/Mcltnyre Street interchange.
Three alternative packages have resulted from this analysis, Projected construction costs are
over $ 100 million (which includes the improvements at 1-70/SH 58). Funding is planned to be a
cooperative effort involving the City of Wheat Ridge, Jefferson County, and COOT
Construction phasing will be planned to ensure the same, or improved traffic operations will be
maintained over the mid-term planning horizon.
Fe/sburg Holt & U/levig
Page xiii
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1.10/3Z'd A venue Interchange System Feasibility Level Study
The identified transportation improvements will be constructed over time, Not all of the
improvements are intended to be constructed early in this project. The alternative packages
developed in this study are designed to accommodate year 2030 traffic projections including the
traffic generated by this development, so the need for every improvement component in the
near-term is not necessary However, it is anticipated that transportation improvements will be
constructed commensurate with the additional traffic that is generated by this development.
Tied with a funding plan, an improvements phasing plan will be developed such that appropriate
improvements will be in place to accommodate traffic demand increases as they occur In
essence, the phasing plan will match the improvements to the demands to ensure that traffic
operations are the same or better over a No-Action (no improvements or no new development)
scenario in the near-term and mid-term planning horizons.
The funding and phasing plans will be better-defined within the Inter-Governmental Agreement
(IGA) and subsequent National Environmental Protection Act (NEPA) documentation,
Summary and Conclusions
The analysis of the 1-70/32nd Avenue study area has shown that the existing roadway system
and interchange configuration will not be able to accommodate future travel demands.
Significant system embellishments are required in light of the existing traffic demands and the
potential traffic increases due to local planned development including a Cabela's shopping
center The analysis has shown that improvements beyond simply enhancing the 1-70/32nd
Avenue interchange are necessary given year 2030 traffic projections.
Many system alternatives have been considered. Improvements which should be considered,
regardless of the interchange scheme, include a 40th Avenue underpass of 1-70, turn lane
additions along 44th Avenue between Youngfield Street and Ward Road and the widening of
Youngfield Street from 38th Avenue to 44th Avenue. Optional packages beyond these common
improvements include,
~ 32nd Avenue - Either a single point urban interchange or a hook-ramp interchange
configuration,
. SH 58 - Possibly incorporate a new diamond interchange onto SH 58 just west of
Eldridge Street with a Cabela Drive cross-street that connects to 44th Avenue,
. Mclntrye Street - Possibly shift the alignment of Cabela Drive to the south across Clear
Creek and across the railroad such that it intersects with Mcintyre Street away from the
SH 58/Mcltnyre Street interchange.
Three alternative packages have resulted from this analysis. Projected construction costs are
over $ 100 million (which includes the improvements at 1-70/SH 58). Funding is planned to be a
cooperative effort involving the City of Wheat Ridge, Jefferson County, and COOT
Construction phasing will be planned to ensure the same, or improved traffic operations will be
maintained over the mid-term planning horizon.
Felsburg Holt & U//evig
Page xiii
RESOLUTION
Transportation Commission of Colorado
DRAFT
WHEREAS, on December 2004 the Transportation Commission approved
revisions to Policy Directive 1601 concerning the state highway interchange
approval process; and
WHEREAS, the City of Wheat Ridge has completed a System Level Study (SLS)
for system improvements in the 1-70/32nd Avenue area; and
WHEREAS, in accordance with the Policy Directive 1601, the staff of the
Colorado Department of Transportation (CDOT) has reviewed the SLS and
found it to be consistent with Policy Directive 1601; and
WHEREAS, in accordance with Policy Directive 1601, the SLS documents the
need for improvements in the 1-70/32nd Avenue area to accommodate
anticipated travel volumes at acceptable levels of service for the next 20
years; and
WHEREAS, the proposed improvements will provide capacity and access
improvements at 1-70/32nd Avenue Interchange; the 1-70/SH58 Interchange;
additional or improved access on SH58; Youngfield and 32nd Avenue
improvements; a new 40th Avenue underpass of 1-70, and various other
intersection improvements; and
WHEREAS, the cost to construct the proposed improvements is estimated to
be in a range $107-$119 million in 2005 dollars; and
WHEREAS, the City of Wheat Ridge, Cabela's, Jefferson County, and CDOT are
jointly funding the construction of the proposed improvements consistent
with the flnancial plan in this SLS; and
WHEREAS, all costs and responsibilities associated with project maintenance
and operations shall be determined through an Intergovernmental Agreement
(IGA) approved by the Chief Engineer between the City of Wheat Ridge, Jef-
ferson County and CDOT consistent with the flnancial plan in this SLS; and
WHEREAS, approval of the Final Maintenance and Operations IGA by the
Chief Engineer consistent with the flnancial plan included in the SLS is
necessary prior to construction; and
WHEREAS, in accordance with the Policy Directive 1601, the City of Wheat
Ridge and Jefferson County were active participants in the SLS and are in
agreement with the proposed project and flnancial plan as described in the
SLS;and
WHEREAS, Transportation Commission approval of the SLS is contingent
upon CDOT and FHWA approval of the proposed Environmental Assessment
for this project; and
WHEREAS, the Transportation Commission recognizes that this approval is
not the final approval step, and recognizes that, should the environmental
document identify a preferred alternative different from the alternatives
ATTACHMENT 2
"RAFT
DRAFT
identified in the SLS, the Transportation Commission will reconsider the SLS;
and
WHEREAS, approval of a proposed project by the Transportation Commission
is contingent on the inclusion of the proposed project by the Denver Regional
Council of Governments in the fiscally constrained regional transportation
plan and transportation improvement program; and
WHEREAS, the Transportation Commission recognizes that this approval does
not ensure incorporation of the proposed interchange in the constrained
regional transportation plan by the corresponding Metropolitan Planning
Organization/Transportation Planning Region; and
WHEREAS, the City of Wheat Ridge must obtain approval of the applicable
FHWA interchange access, design and environmental decision documents by
the CDOT Chief Engineer and/or Federal Highway j\dministration prior to
f"mal approval by the Chief Engineer; and
WHEREAS, the applicant must demonstrate significant progress towards
implementation of the project within 3 years of the date of approval this
resolution.
NOW THEREFORE BE IT RESOLVED,
1. The Transportation Commission approves the SLS for the Improvements at
the 1-70/32nd Avenue area as meeting the standards set forth in Policy
Directive Number 1601 adopted by the Transportation Commission in
December 2004.
2. The Chief Engineer is authorized to enter into an IGA with the applicant for
the construction, maintenance and operations of the facilities associated with
the Improvements at the 1-70/32nd Avenue area in Wheat Ridge consistent
with this SLS.
3. The approval is contingent on:
· Inclusion of the proposed interchange in the fiscally constrained regional
transportation plan and state transportation improvement program; and
· Completion and approval of the appropriate National Environmental
Protection Act (NEPAl decision document consistent with the CDOT
Environmental Stewardship Guide; and
· Approval of applicable interchange access, design and environmental
permitting documents by the appropriate agencies: and
. Approval by the Chief Engineer of an IGA for the financing, construction,
maintenance and operations of the facilities associated with the
construction of the Interchange consistent with the SLS.
DRAFT
1-70/3Z'd A venue Interchange System Feasibility Level Study
This study is intended to serve as the Systems Level Feasibility Study for consideration of
identifying a short list of improvement potentials and establishing possible improvements on the
Regional Transportation Plan. This is the first of a multi-step effort. Upon approval of this
document by the Colorado Transportation Commission, the next steps will include the
preparation of the NEPA document and to obtain the Federal Highway Administration's approval
through an Interstate Access Request.
Felsburg Holt & UI/evig
Page xiv
RESOLUTION NO. 47
Series of 2005
TITLE:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE CONCURRING WITH THE PHASING AND
FUNDING OF THE I_70/32ND AVENUE INTERCHANGE SYSTEM
LEVEL FEASIBILITY STUDY
WHEREAS, The Colorado Department of TransportatlOn (CDOT) together with
Jefferson County recogmze the need for improvements in the operatlOn of eXIsting transportation
systems in the 1-70, State Highway 58 and West 32nd Avenue area, and
WHEREAS, The Colorado Department of Transportation and Jefferson County together
will commit up to $70 million for transportation system Improvements to this area; and
WHEREAS, Transportation system improvements may include a portion of the 1-701
SH58 interchange Improvements as described in the Finding of No Significant Impact (FONSI)
for this mterchange, as well as improvements at the 1_70/32nd Avenue mterchange as determined
by the outcome of the metropolitan planning process for this general area; and
WHEREAS, The final decision for expenditure of funds will reside WIthin the
Department of Transportation and Jefferson County; and
WHEREAS, The Colorado Department of TransportatIOn WIll continue Its current work
m completing final design for two additional ramps, missing directional movements, at the 1-701
SH58 mterchange, and
WHEREAS, The City of Wheat RIdge wIll be responsible for the remaming
transportation system Improvements as determmed by the continuing National EnVIronmental
Protection Act (NEPA) process, and
WHEREAS, The City of Wheat Ridge will receive monetary assIstance from Cabela's
and a future Metro DIstrict for improvements; and
WHEREAS, Transportation system improvements will be constructed over time and that
not all improvements are intended to be constructed early in the project. AlternatIve packages
developed in this study are designed to accommodate year 2030 traffic projections including
traffic generated by this development; therefore, not every component is necessary m the near
term; however, it is anticipated that transportation improvements will be constructed
commensurate with additlOnal traffic generated by this development.
ATTACHMENT 3
NOW THEREFORE BE IT RESOLVED THAT the City of Wheat Ridge, at the
request of the Colorado Department of Transportation and as part of the 1601 process approve
this Resolution, Its components and defined responsibilities and acknowledge that final funding
and phasing plans will be better-defined within the future Inter-Governmental Agreement (lGA)
and subsequent National Environmental Protection Act (NEP A) documentation.
DONE AND RESOLVED THIS _ day of
,2005.
Gretchen Cerveny, Mayor
ATTEST:
Pamela Y. Anderson, City Clerk
CITIZENS' RIGHT TO SPEAK
DATE: September 26. 2005
ANY PERSON MAY SPEAK ON MATTERS _~~1I'~'1!;~I&A'~i~. 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 ...(-?pc~ JI_P;t,"I~"'I"J:,#Ji
-J
NAME ADDRESS TOPIC
'j ^ 11 jI. ~.~ ,,,, :~~... " ~"..T ':U'n'f~,)~;~~ff\)
q ..'V'" ,., "rlf'iJ))("
'IIlf'JnJ1 lLY' "- " . ~.~!'''';:;W~,.'''' , ....... 'r~ '6'" .. ,) \'
l () 0
-
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DATE: September 26. 2005
GENERAL AGENDA ITEM COMMENT ROSTER
ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST
SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER.
"",'FIr _\l:: ~'~~~:t_" '~2h,i(
THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITrON TO, A
PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER.
~I
""
NAME
,
ADDRESS
AGENDA ITEM NO.
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.2.
PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
COUNCIL BILL NO.
TITLE:
PUBLIC HEARING ON THE PROPOSED 2006 BUDGET
YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE I
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.3.
PUBLIC BEARING BEFORE 'l'BE WHEAT RIDGE CITY COUNCIL
CASE NO.
TITLE:
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 NO. 15-2005
YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU REED MORE ROOM PLEASE SIGN ON BACK OF PAGEl