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HomeMy WebLinkAbout09/26/2005 6:30 p.m. Pre-Meeting :\ ~ : ~\J ~:\ 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 1mf~1DlJlJmB 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, ~ ~.: CMKb ~~ + ~\"1r CITIZENS' RIGHT TO SPEPlIt flails. &.nf tar!Jv- CITY COUNCIL MINUTES SEPTEMBER 26, 2005 Page -2- ~ / - 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 . - ~ lA- ~op\\" ~ G~ -- tolu1u.t<<fs . -b Off ~ . ~RJic:V Lfb -~. __ g~ ZJ 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. ~. ~ ~-tk ~~ S>WI(j" 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) . Mty~M'z" ~ ~-zef '-(t1L ~ ~ ~t'Nb. CITY COUNCIL MINUTES SEPTEMBER 26, 2005 Page -4- ---~ ,~ ~ // // 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 ~ ~ IJ-L 1n ~' ~~ Tk {;(f>C 60 d~ . ~ -fvv ~V\ 1?~/UD . ~ /'a;wt~M-.: / tv ~2r -w <6~~ ~~'J ~~ ~: Meeting adjourned at pm. 1- I S71kJ ~-~--~~ . . 7-/ ~ 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. ~~w ~@(tlJ~~~[1 ~~~UDIJ~@ 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 '~$~' ~I 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 I 'I , I ~ _'':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::~"~ ,/" ' 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 $>;piras 2/6/2006 ~ The drafter oflhis description is Michael S. Chessnoe, P .E. & L.S., prepared on behalf of Matthew Phillip Rock and Trudy A. Rock, 10300 W 65th Avenue, Arvada, Colorado, 80004 and is not to be construed as representing a monumented land survey. ATTACHMENT 1 r .:JO r 133HS o~ ~u ~O ~ o~ ~ ~-< ..... 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Cl Q:::<{Ol-eiOC> Z Z<{zI'- . LL<{ 10 ('.J oO-'8z~ '<t tDwLLmOo ZOa;:i=N I- :JI-U~LL (j) IUCfJU W I-<{~w 3= 0::Cl:: Cl:: 01- Z o \!') 'w <{Of-eiOC> 0 ~, 'v LL~<{Z~ L{) <{~ II .In 0-'8zi\; I'-N L{) 0> . WLL(l)OL{) N Ol zOo::F=O tJ 0l0C> OlZ :::il-08Jl.L.. -' <{ l-uCfJu U (f)<{ww CfJ <{o::Do:: wI- 0 '3: ~- <(t--- 10 at--- 10Lf) u)rn oOC> 10Z w (') Z 0> <( OC> 0:: v vOD~ Il1: . ei':::~~ z3:<{...J I- DO::VlQ8 Z<{ => mo... ow<{w LLO::Uo.. - ~.w <(0 10 m ~1.0 NN '0, Lf)ro ~z <{a LLZI-ei o:3<{z wLLozoo ~o~QI'- -.J -r-r0 1-0::0..<0 I-UUWL{) CfJ<{CfJUO ~g:~~~ Z o::Q 01- LL ><LL(3 03: ,3 ~l')iS 0::0l<{...J zw W<OiS<{CfJWZD zo:: ...Jl')z 0:: - Z z->- o vi "v 08 <{ C3 ~ Ur'2~o..o..O::illl v <(~z LL '-..610U~-~0 -NDCfJVls:!I-~ I- ,Z(flWNZI (flU=>'<{o..10-(') wwoo::_~o_ 3: (f) LL ill 0.. ""0.. 0:: - ..., ,I ITEM NO :L I REQUEST FOR CITY COUNCIL ACTION '/.$~' . 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 http.//library6.municode.comlgateway dlllco/co\orado/ 1232/ 1321/ 1324 ?f=templates$fn=do 9/15/2005 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 http.! llibrary6.municode.comlgateway dll/co/colorado/1232/132111324 ?f=temDlates$fn=do 9/15/2005 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. http.//library6 mumcode com/gateway dll/co/colorado/1232/132I /1324 ?f=templates$fn=do 9/15/2005 ITEM NO: S I REQUEST FOR CITY COUNCIL ACTION \/$~' 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 N v-, <I.J ~ :::> '00 u: .... * Q,i ~ ~ ..:z: u ~ Q.. Q,i > .- - ~ t:. ... Q,i - <. o .j; ~ ll" o ;. "S \ ii ~ o i ~ -. u Zinnia SI, ~ . .. ,; jl 3' "S ~ o Alkire SI, Eldridge SI. Eldridge SI. a; :> ~ '0 c: N (<') a; :> ~ .<;; ~ .... >- "C ::. V, ~ .1; .v, '" .., I.lo .. 0- .., .... E. ~ 'I> >- '" .., eo t:. '" .c IU ~ .., - t:. .., ::0 t:. .., 0- <. "C t:. N M --- <::> ':l <I> C '" S '" '" 1:> " S 0 0- $on E c~ ",'" '" S<i. "" ",0 to """ -'6 21:> to 0.'0 "- EO'" '0 -"0 '" "00 '" "'~ 0 con 0. cc 0 ~8 Ii. \I \I Mclnlyre SI, t.1 \\ \ ---~"'~~ 0; .. 5 .. "0 :t "l N ~ , , V) '* ~ .. Q; ~ ~ '- ::l Cl) !l, .'?!l ~ ." ..:::.:: Oi u... . 1.1 . ~ "- ~ Co. '0 l: ~ .:; ~ .- c ..... ~ ~ l:: . ... , ~ ~ ..... ~ - '0 <l:: " I , ~ 0 ~ ~ :5 Eldridge St, -s :: v; ~ '- - ~ ';;; '" OJ .... 1 OJ .... E OJ - '" '"' '" OJ to t:: '" ..c: v ... OJ c: - OJ :: t:: ~ <( "C t:: <"l '" "-. Q ~ Mcintyre Sf. oi :> <:t: "0 c:: '" <") Eldridge Sf, (~i o z w '-' w .... "' co '" E '" > o 0. E 1i g $'" ~(U EO; ",0 eE E--g :;;t5 ",2 ~tii E!5 0-0 '" 0> '" '" " '" 0- '0 '" '" o 0- e 0- , , SOf~llg 'IS I,. -so 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 .~ '" 5 .. "0 '=t J: ~ !!' v., 'II:: , -Sl CL; Q.I :J: .... ::) c.o ::. ,~ -e " ii LJ.... " . ~ ~ ~ 0 ~ Q.I U ::. .... 0 - .~ It 5 E " . Q.I '" - - .. ~ " . ~ Q, .!:i 0 ~ 0 "0 u Eldlidge Sl. Eldridge Sl. -s ;:, - '" .c " - :0 ., '" .. ~ - !l: 01 .... ~ <l; :S ,.. ,.. ~ <l; 1) ~ '" h .lJ E 01 - '" ::.... '" 01 Ol) t:: .. -<:: " ... 01 - .s 01 ;:, t:: 01 ;:. <l: ~ t:: '" '" "'- Q '" ...:. Mcintyre Sl. 2 c: " E " > o Ci E " 0> '" "" u '" 0.. '0 " '" o 0. o ct " .c E 2", c:~ ,," E:5 ,,0 >,., e.c E~ :;;13 ,,2 ~U) ~6 0..<.) (~~ Cl Z ~ C,) ~ ~ I I SO/f:l/e vs ~ -so 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 - ~ 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. 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