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HomeMy WebLinkAbout10/17/2005 STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO MUNICIPAL BUILDING 7500 W. 29th Ave. October 17.2005 6:30 p.m. APPROVAL OF MINUTES OF SEPTEMBER 19. 2005 APPROVAL OF AGENDA Item 1. Item 2. Item 3 Item 4 Item 5. Staff Reports a. Police Department Strategic Plan, Goal 5 Update X-Zone Code Changes Extension of Parfet Street North of Ridge Road Designated Emergency Response Authority (DERA) Animal Control Updates Pa.m .41'7~cnrJ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO RECREATION CENTER 4005 Kipling Street ;)- <1~~" '~~: ,~~ . . '"V'!~ f<~X' (/'. IMYBlDIIRDB CARNATION ROOM September 19,2005 Mayor Gretchen Cerveny called the meeting to order at 6.35 p.m. City Council members present: Karen Berry, Jerry DiTullio, Wanda Sang, Dean Gokey, Karen Adams, Mike Stites, Larry Schulz, Lena Rotola; Also present: Randy Young, City Manager; Patrick Goff, Deputy City Manager; City Clerk Pam Anderson; Mary Cavarra, City Treasurer; Police Chief Dan Brennan; Alan White, Director of Community Development; Joyce Manwaring, Director of Parks and Recreation; staff and interested citizens. APPROVAL OF THE MINUTES of August 1,2005 and August 15,2005 Motion by Mr. Gokey to approve the Study Session Minutes of August 1, 2005 and August 15, 2005 as printed, seconded by Mr. Schulz; carried 8-0 -- APPROVAL OF THE AGENDA as printed. Item 1 Staff Reports City Manager Randy Young introduced the item which included the following two (2) staff reports. Director of Community Development Alan White briefed the City Council and asked direction regarding the request from the Executive Director of Head Start requesting the waiving of fees for the construction of the Wheat Ridge facility Discussion followed about the options Direction was given to bring forward a resolution to waive the use fee. Director of Parks and Recreation Joyce Manwaring updated Council on the status of the negotiations with the Northwest Lakewood Sanitation District property. The discussions will continue to renegotiate the appraised price of the property due to the results of the Phase II environmental study. Mr. Young distributed a draft resolution to be considered at the next City Council meeting regarding the concurrence of the City of Wheat Ridge for the phasing and funding of the 1-70/32nd Avenue Interchange System Level Feasibility Study Mr. Young asked Council members to review the draft and get back to him with comments. CITY COUNCIL STUDY SESSION MINUTES: September 19, 2005 2 Item 2. Neighborhood Revitalization Strategy The item was introduced by Jeff Winston of Winston and Associates He introduced his team which included Charles Buki, Cathy McCormick, Dave Belki, Mary Roosevelt, Jessica Brundage, and Paul Glasgow. Mr Belki and Mr Buki spoke to the progress on the Neighborhood Revitalization strategy and updated City Council on the process of implementation of Wheat Ridge 2020. The nominating process includes establishing the Nominating Committee, initiating committees, developing administrative manuals and operations, and begins the work of neighborhood initiatives. Mr Belki also outlined the evolving nature of the process in becoming a partner to the City and the role of the City and Council both in the short and long term Ms. McCormick spoke about the structure, training and requirements of the Nominating Committee Ms Roosevelt defined Wheat Ridge 2020 as a community-based development corporation and updated the Council on the progress with incorporation. Discussion followed regarding the sub-area planning process and timelines, community meetings and outreach, and development of the X-zone process. Recess was called at 7'55 p m. The meeting resumed at 803 P m. The City Council proceeded with nomination and election of Council appointees to the - Nominating Committee of Wheat Ridge 2020. After three (3) ballots, Karen Adams and Lena Rotola were elected the appointees for the Nominating Committee for Wheat Ridge 2020 Item 3 Police Pension Plan Joe Cassa, Chairman of the Wheat Ridge Police Pension Board, introduced the following members of the Pension Board Police Chief Dan Brennan, Mayor Gretchen Cerveny, City Treasurer Mary Cavarra, Board Member Fred Bright, and City Clerk Pam Anderson. Also in attendance Pension Board Attorney John McNally and Sean Waters, Cook Street Consulting. Chairman Cassa outlined the proposed amendments to the Police Pension Plan including increasing the Pension Board by one (1) sworn member, changing the vesting schedule to seven (7) years, and several changes to bring the plan into compliance with state and federal statutes. Discussion followed The proposed ordinance will come forward at the next City Council meeting, and a resolution approving the adoption of the modified plan will follow CITY COUNCIL STUDY SESSION MINUTES: September 19, 2005 3 Meeting adjourned at 9:21 pm. ;--"- - J:~ ",_/(\j;~', ' ~vY'Cv--- Pamela Y. Anderson, City Clerk APPROVED BY CITY COUNCIL ON BY A VOTE OF to Lena Rotola, Council President - STUDY SESSION Item 1. October 17, 2005 WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM FROM: Randy Young, City Manag~ Daniel Brennan, Chief of Police \hV September 22, 2005 TO: DATE. SUBJECT: STRATEGIC PLAN, GOAL 5 BACKGROUND In 2001, the Police Department was given operational responsibility for code enforcement activities in the City This function was combined with the animal control and parks enforcement functions resulting in the unit now known as Animal Parks Code Enforcement Unit (APCE). When the code enforcement function was added, there were no additional personnel resources given to the unit. Adding the code enforcement unit to the Animal Parks Unit resulted in a 32% increase in calls for service (CFS) when comparing 2000 CFS (2,581) to 2001 CFS (3,815). In 2003, the APCE Unit responded to 6,544 CFS and 4,256 CFS in 2004. The unit has responded to 2,828 CFS through August 2005, an average of 354 CFS a month. - The APCE Unit has also seen a steady increase in Service Requests. In 2003, the APCE Unit received 239 service requests, 213 in 2004 and 121 service requests to date in 2005 In the 2005 Citywide Goals and Objectives, the City addressed the goal of creating better quality housing stock (GoalS). One of the action steps identified in this goal was code enforcement and compliance enhancements to include. ).. Staff report identifying concerns, problems, specific locations, specific landlords ).. Develop specific recommendations based on direction from City Council at a study session (Type I). ).. Conduct study session (Type II) to brief Council on recommendations. ).. Implement Recommendations. OVERVIEW OF CONCERNS/PROBLEMS The APCE Unit has been challenged by several factors since the code enforcement function was given to the police department in 2001 These factors include. o A lack of personnel resources and significant staffing shortages between 2001 and 2005 o Seasonal call load. o A lack of a clear and concise statement of mission that has impacted service delivery and understanding of code enforcement efforts and direction. o Problem locations and landlords. Personnel Resources When Code Enforcement was moved to the Police Department, there was an understanding that two additional positions would be added to the current staffing level of a supervisor and four (4) animal control and parks officers. For budgetary reasons, that did not occur and the APCE Unit handles code enforcement, animal control and parks enforcement with the same staffing levels as it had prior to acquiring the code enforcement function. Staffing shortages have resulted in a "base service model" approach to customer service by this unit. Between 2001 and 2005 the unit had eight (8) employees leave the unit, making consistent service delivery problematic and significantly impacting the ability of the APCE Unit to respond efficiently and effectively to calls for service and conduct follow-up investigations. The Police Department anticipates the APCE Unit will be fully staffed by the end of September, 2005 This includes an over-hire position that was approved in 2005 bringing the staffing levels for the unit to one supervisor and five (5) officers. Seasonal Call Load A workload analysis of the APCE Unit call load has revealed a seasonal fluctuation in call load, particularly as it pertains to code enforcement related calls An annual review of the call load for the APCE Unit shows an increase in call load beginning in March, and a steady increase in calls through September. after which the call load decreases. The table below depicting the 2004 call load for the APCE Unit is reflective of the monthly call load' - Month Total CFS January 214 February 245 March 381 April 307 May 483 June 448 July 494 AUQust 521 September 345 October 298 November 261 December 259 Statement of Mission There appears to be a difference in perceptions regarding the code enforcement mission that exists between the APCE Unit, City Council and City Staff. The difference is primarily in how code issues are enforced, i e. strict enforcement of violations vs. bringing violators into compliance Unfortunately, none of the issues in code enforcement is this black and white. The current approach used by APCE, to bring violators into compliance, oftentimes requires officers to respond to locations multiple times in an effort to gain compliance. This impacts customer service response on new calls for service, as well as their ability to be proactive in code enforcement, animal control and parks-related enforcement. For instance, the APCE Unit spent very little time this past year patrolling the parks due to staffing shortages This was primarily a patrol function. The Police Department is committed to providing the highest level of standards of service in partnership with the community To meet this standard, the APCE must become more proactive and progressive in problem-solving the cause(s) of the problems resulting in the call for service. This requires finding opportunities to provide them with more time to develop problem-solving strategies. The APCE Unit must use the tools of education, compliance and enforcement. It means giving officers the discretion to make decisions on resolving complaints. Problem locations and landlords The APCE Unit conducted a review of CFS between August 1, 2003 and July 31, 2005 of residences that had been contacted ten (10) or more times. Twenty-seven (27) addresses met this criterion. A review of records from the Jefferson County Assessor's Office indicates that fourteen (14) of these properties are rental. The majority of the landlords don't live on the same property and three are out of state landlords. The APCE Unit also identified ten (10) names and associated addresses as problem locations and/or landlords. Since 2000, the APCE has had 573 contacts at these locations. Based on the voluntary compliance approach used previously, very few of these contacts resulted in a summons being issued The majority of these addresses are rental locations and often locations _ where patrol officers respond to as well. ALTERNATIVES There are really only two alternatives to consider' y Continue to handle code enforcement calls for service in the current manner y Make a change to a more proactive and progressive approach to problem-solving code enforcement issues that include education, compliance and enforcement as an organizational approach. RECOMMENDATION The Police Department recommends a change to a proactive and. progressive approach to problem-solving code enforcement issues to include partnerships with stakeholders, an educational approach. voluntary compliance and enforcement. This approach has several components I would like to highlight: Partnerina With Stakeholders There are a number of stakeholders that Code Enforcement should partner with to share information and ideas. APCE should work closer with Community Development and the Building Inspectors in addressing planning issues and discussing strategies to address chronic problem locations. In addition, APCE should be a part of the community policing efforts in the Patrol Sectors and participate in meetings within these sectors to discuss problem locations Additionally, Code Enforcement should work closely with the Municipal Court and City Attorney to address the criminal and civil legalities surrounding code ordinances. Finally, the APCE Unit should partner with the WR2020 so that code enforcement related issues can be addressed Educational Approach Education is the key to voluntary compliance in the community The APCE Unit has a number of innovative ideas pertaining to educating the public such as using Channel 8, local newspapers, the City website and internet to reach out to the community In addition, the unit is working to develop educational brochures that can be given to citizens that contain information relevant to the specific call and resource information. In addition, it is important for the APCE Unit to be available to attend community meetings to answer questions from community members and to present programs. The establishment of a Neighborhood Watch Program by the Police Department would help facilitate this approach Voluntary Compliance Getting citizens to voluntarily comply with the law is the goal of every public safety entity One of the challenges of voluntary compliance is where to draw the line between voluntary compliance and enforcement. A part of the voluntary compliance piece lies in giving discretion to our APCE officers to make decisions on allowing for voluntary compliance, and the use of discretion in determining when to take enforcement action. Less time should be spent in gaining voluntary compliance through the development of standards that allow officers to deal with - repeat or chronic offenders differently Enforcement Changing the community's view on the importance of code enforcement, particularly in light of the NRS strategies and WR2020, is crucial to our success. This will involve an enforcement approach when responding to code violations based on the nature of the violation, the number of violations, and previous history of code related complaints Our approach to code complaints needs to be more progressive and proactive. This means looking at potential changes to our Code of Laws. Potential changes could include suggestions to streamline processes for billing property owners when the City has to cleanup a property and requiring landlords to register with the City in an attempt to facilitate locating actual property owners. Lastly, the APCE has begun the process of change to a more proactive and progressive unit. The unit will soon be known as the Community Services Unit, a name more befitting their functions (animal, parks and code enforcement) and the community partnership approach the unit will be taking. This change will include new uniforms and a more consistent uniform appearance. The unit supervisor, Rollie Inskeep has visited both the code enforcement units in Aurora and Ft. Collins to see what proactive code enforcement programs they have developed and will bring forward new ideas and programs in the future. For instance, APCE officers will soon be assigned geographic responsibility to specific areas in the City This will allow the officer to develop a better sense of the issues in specific geographic areas, and facilitate the communication between City Staff, Council and community members. STUDY SESSION Item 2. October 17, 2005 WINSTON w MEMORANDUM ASSOCIATES TO: WHEAT RIDGE CITY COUNCIL FROM: PAUL GLASGOW,JEFF WINSTON SUBJECT POTENTIAL CODE REVISIONS TO IMPROVE THE DEVELOPMENT REVIEW PROCESS IN CONFORMANCE WITH THE NRS DATE: 10/7 /2005 - Background: Pursuant to the Neighborhood Revitalization Strategy (NRS), and working with Winston Associates, the City staff has undertaken an analysis of Code-related problems that dmunish the effecnveness of the City's development review process. These problems include: suburban standards that are inconsistent ,,~th our urban conditions; contradictions between zoning requirements and design guIdelines (38'" Ave for example); and a generally laborious and tlme-consuming process that doesn't necessarily result in better projects. It is clear that the City needs to consider a variety of options to encourage solunons suggested In the ~RS. Ths memo outlines preliminary thoughts about a temporary, interim zone and/or process beIng studied by the staff and Winston Associates that would encourage quality development dunng the time Jt will take to comprehensively revise our land use code. It is our intent to provide here a brief overview of this approach in this memorandum, and then to more fully present the concept and opnons at the upcoming Council work session on October 17'" Overview This Intenm zone/process (referted to as the X-zone or PUD-x) has the potential to also provide a 'testing ground' for land use code reviSIOns. That tool is an experimental zone, which would add a temporary / expenmental admInlstranve review process to the city Staffs tool kit. By allOWIng the staff flexibihty to balance developer's obJectives with quality deslgn principles that will enhance the publIc benefits, tlus tool would provide regulatory flexibility, and express an "open for business" amtude on the part of the City This Intenm zone/process would allow the staff to ImmedIately start balancing residential and commercial profile consistent with the NRS. It does not reduce any current options, i.e. use by right, variance applications a developer has today The concepts inherent in the lmplementation of this tool are outlined below If thlS approach proves to be workable Qegally defensible, effiClent, easy to adnunister), it will be important that the Planning Commission and City Council be willing to gJve the Staff the flexibility and administrative authority to work creatively with potennal developers. At this point we feel that flexibility and authority will enable the staff to provide solutions reqUlred to implement the NRS. Code-related Directions of the NRS: Per the NRS, the city has charted a new course intent on balancing the City's development spectrum and generally revitalizing the City's economic profile. The NRS charts a regulatory em~ronment which encourages high quality development and notes that the City must have a legible and comprehensible land use codes which encourage quality development. To achieve this goal, it is clear that Wheat Ridge must express an open for business message to the development community \X'INSTON ASSOCIATES 4696 Broadway, Boulder CO 80304 (P)303.440.9200 (F)303.449.69I1 www.winstonassoctates.com Of paramount Interest here are inappropriate regulatory controls and that current regulations must be updated. On-the-Ground Analysis: The problems with the regulations are known, solutions are less clear From the a thorough review of current documents guiding, specifically the Wheat fudge Streetscape and Architectural Design Manual (the 'Manual') and the Code of Laws Chapter 26 (Zorung and Development) it is apparent that difficulties emerge when implementIng, Interprenng or enforcIng the regulations in these two documents. This revIew uncovered speCIfic rules and regula nons that discourage developers from entertaining the highest and best use of the land in question. TIm revIew affirms the NRS: Necessary land use changes include such areas as: Landscaping Parking Slgnage Setbacks/Build to Lnes Residential Uses 1n Commercial Zones Zoning Apphcation Revie\\. Processes Nonconfonnities \Xbile the problems with current regulations are easy to identify, the best method to address them is not. Codes are complex documents, and what appears to be a simple solunon can have significant unintended consequences. As the NRS states: codes that accomplish [the NRS] goals can be ennrely different in extremely similar communines. That IS, what works in one city, mIght not work in the another. Before a new round of code reviSlOns are begun, it will be extremely beneficial to "test drive" potential solutions to determine what will work best In \X'heat fudge's unique conditions.. To illustrate, while the \Vheat Ridge Streetscape and Architectural Design Manual was wrItten WIth full knowledge of the problems, it codified inappropriate solutions. To test possible solutions, and allow development process to move forward WIthout having to Walt for Code revisions (to send the message that: "Wheat Ridge is open for (good) business"), \Xiinston Associates and the Community Development staff are suggesting an experimental zone or process (the 'X-Zone') as a potential solution. While the actual legal approach which best implements the X- zone is not vet clear, (i.e. whethet it is a zone or PUD), and will be reVIewed carefully with the City Attorney, we think the general obJectives, function, procedures and requirements are clear. First, under one concept the 'X-zone' could be an overlay district that would contain performance standards, extracted from the NRS. Performance review standards would gIVe the City staff the flexibility to apply alternanve options to current regulations. The X-zone would also include an expedited process that would be an alternative to the current 'unwieldy' development review process. The expedited review process might include for example, a conceptual deSign review Compliance with the mutually agreed standards arising from the conceptual review would convey to the applicant a basIC entitlement (e.g. density, unit types) that will gIVe the applIcant confidence and financial assurety to allow the project to proceed. The benefit of this process is that it will allow tesnng of planning concepts (evolved through the performance standards) that can be converted to Code revisions. However, this also entails a degree of empowerment of the Staff to make decisions on a case-by-case basis. This will only be required during a finite period while the Code is being revised (say 18 months). To be successful, the Staff must have full support of all city agencies when implementing the X-zone. Support is a necessity as the X-zone is attempting to find an appropriate solution to problems outlined in the - 2 NRS. It attempts to change 30 plus years of momentum. Finally, the X-zone will encourage the adequate planning opoons necessary to Implement the sub area planning Conclusion The X-zone IS not a finalized recommendaoon. At t1us point it is only a concept. It is Intended to provide a means to accomplish the NRS. It is a temporary solution that tests futute regulations and enhances current regulatory flexibilitY through performance standards. It allows the city to avoid a moratorium and potenoally discourage growth for an extended period of orne. It does not reduce current development options. Perhaps most impottant, it requires full support of all city agencies espeCIally citY Council's to succeed, without this support, the staff should not attempt to institute the X-zone. This must include publicized support. ], . A set of pertonnance standards, A temporary solution, approximately a year A test case for future regulations A route to accomplish the NRS The Experimental Zone (X.Zone) Functlons: Does not ReqUIres Councils and all Clty agencies full support complete support Public,ty To provide a temporary . Reduce the current options planning solution To serves as a test marble for future land use codes To provide expedited review To avoids a potentially disastrous moratorium To balances development financial necessity with the public good - QUESTIONS FOR FURTHER DISCUSSION: WHAT ARE THE OPTIONS' HO\,(' DOES THIS APPROACH CO!\fP ARE TO PARTIAL, PIECEMEAL REVISIONS TO THE CODES' HOW TO DEFINE PERFORMANCE STANDARDS' 4, TO WHAT SHOULD THE CITY COMMIT AFTER THE CONCEPTUAL REVIEW' SHOULD THE CITY AND THE DEVELOPER HAVE THE BENEFIT OF UNILATERAL WITHDRAWAL' h WHAT ELSE IS MISSING' 3 WINSTON V1S\r10vUUi @ 10-\7., c/,' ':.,'tvicl~ SCL,,))U\--, l t {ivy1 'J-, <----- \W MEMORANDUM ASSOCIATES TO: "IILli\ III lIT! FROM: H{)H l'I':R]'LT/. SUBJECT: GENERAL PERFORMANCE STANDARDS FOR THE 'X-ZONE' DATE: 12 {)( 'I, )BI-:R 20U5 The following is a preliminary list of performance standards for development projects that choose to be processed through the "X" Zone. These standards are derived from the report titled "REPOSITIONING WHEAT RIDGE, Neighborhood Revitalization Strategy", July 25, 2005 (NRS) One of the objectives of processing development through the "X" Zone is to stimulate development activity that is consistent and supportive of the NRS. This would include sending a clear message to property owners/ developers that Wheat Ridge is a cooperative place to develop when development is consistent with the NRS. Because the following are performance standards (i.e. identifying the preferred outcome but not defining specific requirements such as the setbacks or density to accomplish the standard) the City and the willing applicant will have to work cooperatively to work out the specifics of the project that in both parties opinion accomplish the preferred outcome. Obviously not all standards will fit all development and the first task is to identify the standards that apply Clearly the underlying message of the NRS is the retention and addition of households described as "strong households" Such households are consistently employed, have the potential for upward mobility, demand quality rentals or own and reinvest in their homes, take good care of their property, and participate in and contribute to civic life. In Wheat Ridge we estimate those households typically earn $59,000 - $88,000 per year. The following standards are intended, as a whole, to retain and acquire the critical strong households necessary for the repositioning of Wheat Ridge Image/Character 1. Promote development that will improve the image (i.e. visual appeal) of Wheat Ridge and provide amenities desired by strong households 2. Promote development that will preserve the environmental and historical rural heritage of Wheat Ridge. 3 Promote development that will encourage property owners to maintain and upgrade their properties and develop 'house pride' and city-wide 'community pride' , 4. Promote development that stimulates homeownership, reinvestment and stability 5. Promote development that identifies Wheat Ridge as a family-friendly, un-urban community with open space and rural character. \\'It'o:ST< ), ,-\SS( )( 1 I'l'l '; 4696 Broadway, Boulder CO ~03U4 (P)303.44(1.9200 (l'J30344'},691I ww\v.winstonassociates.com P\(;E20FS X,ZONF..(,E"JER\L 1'1':RI-< \It\1 \NU; q \"n\RDS 12 Of TOHLR 2005 6. Promote development that address visually unattractive/ eyesore areas. 7, Promote development that helps to create recognizable 'Gateways' to Wheat Ridge. S Promote development that results in diversity in income, housing stock, and amenities with destination businesses, and livable, walkable neighborhoods 9. Promote development that reduces the amount ot obsolete designs that are not appealing to the contemporary market 10 Promote development that include identity signage and gateways that improve the city's general appearance 11 Promote development that creates an image for Wheat Ridge and promotes the specific identities to selected market niches, both residential and commercial. 12. Promote development that that includes signage that conveys a sense of arrival to the City 13. Promote development that includes commercial places that celebrate Wheat Ridge's unique history Attracting Strong Households 14. Promote development that attracts housing for strong household earning between $74,000 - $87,000, increase and supports the rate of homeownership, increases the median value of housing, reduce the overall rate of poverty, increases the overall education level of Wheat Ridge, reduces the amount of older, lower quality housing, reduces vacancy rates of rental housing, increases the rate of new development or redevelopment. 15. Promote development that includes new market-rate housing located between Kipling and Parfet, the Open Space, and 26th, between More and Ward, 44th and the Open Space and between 29th and 35th, Fenton and Teller Residential uses include three bedroom single family-homes with 2 baths, a high quality amenity package ($270,000 _ $330,000), and 2 and 3 BR town homes targeted to middle and upper middle income priced from $250,000 - $300,000 16. Promote intiIl development that builds on the local vernacular and meet the middle market of 3 BR single family-homes with 2 baths with a high quality amenity package and 2 and 3 BR SF homes w 1-1.5 baths and upgrades and new multi- family housing that is well-sited, well-designed, and well-managed and include 3 BR single apartments with upgraded facilities/ quality amenity package, significantly upgraded apartments for empty-nester renters and targets renters. 17. Promote development that reduce the number at absentee owners and converts to new owner-occupants in the key locations of between 44th and 38th, Depew and Upham, between 45th and 48th, Pierce and Wadsworth, between Pierce and Wadsworth, 28th and 32ncl and between 415t and 34th, Wadsworth and Kipling 18. Promote development that that reduces auto dependency, creates an urban design framework and reduces the concentration of old, not been upgraded rental housing. \'V'INSJ < IN Ass()u \ 1'1"; 4696 Broadwal', Boulder 0) HU304 (1')303 ,WI '!Zoo r 1')3(1) 44(),6911 W\V\'J.W111stonaSsoClateS.com 1'.\(~E 3 01' 5 X.ZONL..GENER,\! PI :RH >R~I\:o.:G S'J' \ND.\RDS 12 OCTO HER 200S 19. Promote development that improves existing multi-tamily rental property. 20. Promote development that reduces the concentrations of low-income households in key area of Camelot at 44th and Kipling, Caesar's at 48th and Garrison and smaller 4- and 8-plexes along Sheridan between 26th and 38th 21. Promote development that help to reduce the percentage of small ranch-style single-family homes. 22. Promote development that includes infill development of above market new housing in easily recoverable areas, connected to other upgrades and will improve perception of Wheat Ridge by projecting a higher standard. This would include contemporary and unique housing products. Pedestrian Orientation 23. Promote development that includes retail that is friendly to pedestrians by allowing patrons to easily drive to one store and then be able to walk to several others in an appealing environment. 24. Promote development that supports a community with a small town jlcruor exemplified by a pedestrian-friendly Main Street with small shops. 25. Promote development that includes paths that link homes to the Open Space. 26 Promote development that includes well light sidewalks with period lighting 27. Promote development that includes pedestrian-oriented places with character that is differentiated trom other places. Open Space 28. Promote development that increases the visibility and accessibility of the Wheat Ridge Open Space by creating formal, inviting, trailheads at open space access points - complete with designated parking, trash receptacles, a location map, mileage markers, notices of restrictions (e.g. dog must be leashed, usage by bikes, horses, etc.) 29. Require additional open space access as new development occurs adjacent to open space including installation of trail connectors through new development 30. Increase exposure of open space by requiring future development roads are placed along open space rather than yard fences. 31. Promote development that continues the development of Wheat Ridge Open Space. RetaiVCommerciaI 32. Promote development that increases residential densities in key areas (such as behind the Safeway on Wadsworth) to create more buying power for higher quality retail 33 Promote commercial development that is easy to find, get to and park, well lit, is in attractive safe surrounding area, and adjoining businesses are complementary. 34. Promote development that reduces the existing oversupply of retail in the areas of health care and social assistance (including hospitals, nursing and residential care \\'J"~l'( Ii\: ,\SS( 1('1 \/'l-:S 4696 Broadwa\', Boulder l () H0304 IP)303 440 noo (F).,11.144'),(,'J!! wwu:winstonassociatcs.coffi P\GE 4 OF 5 X,ZONh (;E"I.]t\] i'FI\H JR\L\NU-, ST \"Il\RDS 12 oen \IlLR 2005 facilities, social assistance and ambulatory services) and motor vehicle parts and dealers and increase food services and drinking places thus rebalancing commercial activity and resulting in a more evenly distributed sales tax base. 35. Promote development along 38th Avenue between Sheridan and Wadsworth that results in a neighborhood-serving retail Main Street. 36. Promote development in the Wadsworth corridor that consolidate unsuccessful retail centers and vacant stores and address pedestrian-hostile design and landscaping inadequacies. 37. Promote development in the "Historic Orchard District" that retains elements of the city's rural heritage, helps create a powerful destination commercial corridor oriented around gardening, home and yard improvement, agriculture, farmer's markets, landscape design, encourages similar businesses to expand or open businesses along the corridor, recognizes the importance of auto access, emphasizes pedestrian usage, with historic light fixtures, decorative paving, seasonal banners, coordinated signage, and pedestrian amenities (benches, trash receptacles, shade trees, etc). 38. Promote development that supports the redevelop Wadsworth Corridor 39. Promote development that will accelerate and shape the development of 38th Avenue 40. Promote development that supports the development of a Town Center \\']NST()1'i Ass( H ,] \'11'" 4696 BroaJwav. Boulder CO 80304 (P)31134411.')2110 (F)3<13 44<).6911 www.wl11stonassociates.com P\(;E 5 01' 5 X,/'ONI',--l;ENER.\! I'I':RI;( )RM,\l\;U ST \NIHRDS 12 OCTOBER 2005 \X'INST( IN ASS()c.! \TLS 4696 Broadway. Boulder CO R0304 (P)303 440. noo 11")3113 44'J.(,011 WW\V.\v11lstonassociates.com - ~. - -" . ....-.. .. STUDY SESSION Item 3. October 17, 2005 City of \\!heat Ridge Department ot Public Works MEMORANDUM FROM: Randy Young, City Manag#\ Tim Paranto, Director of Public Works Alan White, Community Development Director TO: cc: DATE: October 10, 2005 Extension of Parfet Street North of Ridge Road SUBJECT: The owner of two industrial lots in Arvada's Skyline Ridge is requesting approval of a residential development on the properties The Preliminary Development Plan provides for the eventual construction of Parfet Street from West 53rd Avenue to Ridge Road The southerly 75 feet of the proposed Parfet Street extension is in Wheat Ridge - The City of Wheat Ridge received the customary referral for the proposed Arvada development. The proposed construction of Parfet Street north of Ridge Road does not benefit Wheat Ridge Wheat Ridge Staff determined that Wheat Ridge, therefore, should not be responsible for future construction of a portion of Parfet Street. In the referral comments for this Skyline Ridge development, Wheat Ridge Staff suggested that the two cities agree on the construction of Parfet Street in conjunction with the proposed development. Wheat Ridge Staff also stated no objection to not building Parfet Street and vacating existing right-of-way south of 53rd Avenue Arvada Staff has recently indicated that Arvada wishes to construct Parfet Street north of Ridge Road in conjunction with the proposed Skyline Ridge residential development. Arvada Staff has asked if Wheat Ridge has objection to Arvada and/or the developer acquiring necessary street right-of-way in Wheat Ridge for construction of Parfet Street. In summary, Arvada is requesting Wheat Ridge approval to acquire street right-of-way from property formerly owned by the Witbaks at 11001 Ridge Road \ \ \ ~ ~~\. ~~~l %~ \~~~ ~\ .~J~ ~ ~~i~ Q.. ( ~~ ~c: Z~ o - ';> 0\ - E"""",,, ;t.\PED) ;go4fj'-49.W 1-49.70' / / / / / / .~ / / / / / / / / / / / / ~U~GNE EST A n:S NO.2 I I I I I I , ) .,-----"" MJOUtt.Nl;[ t N - 275 85' N89.32' 35"E ",",FBiCE STUDY SESSION Item 4. October 17, 2005 WHEATRIDGE POLICE DEPARTMENT MEMORANDUM VIA: Mayor Gretchen Cerveny and City Council Randy Young, City Manager~ TO: FROM: Daniel G Brennan, Chief of Police p(6 DATE: October 10, 2005 SUBJECT: Designated Emergency Response Authority BACKGROUND - Colorado RevISed Statutes 29-22-101 through 29-22-110 calls for the deSignation of Emergency Response Authontles, commonly called the DeSignated Emergency Response Authonty (DERA) , for hazardous substance mCldents. These authontles are reqwred to proVide and mamtam a capability for emergency response to hazardous substance mCldents either directly or through mutual aJd or other agreements. These Emergency Response Authontles are authonzed by statute to request assIStance from other public or pnvate entlt1es and are granted the nght to claun reunbtu>ement from the person(s) responsible forthe hazardous substance mvolved at such mCldents. Generally, the "owner" of the hazardous substance IS responsible for all costs. Where the owner of the substance IS unknown (such as m an illegal dumpmg of hazardous waste) the property owner IS responsible. The Emergency Response Authomy can also order and begm the clean-up and remediation of a hazardous substance mCldent m the mterest of public safety CRS. 29-22-102(3) (a) reqwres the goverrung body of every town, City, and county to deSignate by ordinance or resolution an Emergency Response Authomy. nus statute also deSignates the fire authomy havmg responsibility for the corporate linuts of such town, City or county as the Emergency Response Authomy unless othelW1Se deSignated. In uruncorporated areas the Shenff's Depanment IS deSignated as the Emergency Response Authontyunless deSignated othelW1Se. The Gty of Wheat fudge IS served today by four mdependent fire protection distncts: the Wheat fudge Fire Protection DlStnct, the Arvada Fire Protection DlStnCt, the West Metro Fire Protection DlStnct, and the Famnont Fire Protection DlStnct. By state statute each of these entities IS the DERA for HAZMAT mCldents that occur Wltrun their boundanes because no agreement eXISts that deSignates another agency as the DERA Recent events have illustrated the need for the Gty of Wheat fudge to clarify what agency or agencies shall be the DeSignated Emergency Response Authonty for Wheat fudge. In addition, It IS unponant that an Inter-Governmental Agreement be Wlmen that deSignates roles and responsibilities for the first responders (police, Fire, EMS, and Public Works) Memorandum October 10, 2005 Page 2 OVERVIEW The potential for a hazardous substance mCldent m Wheat Ridge IS rather iugh, due to the transponatlon comdors located throughout the Gty, parucularly Interstate 70. Funher, a rail line that often transpons hazardous substances runs along or near the nonhern border of the Gty In addmon, the Gty has several public storage facilities. Incidents mother cltles have shown that these facilities can and often are used as places for the illegal storage or abandonment of hazardous substances. Although the potentIal IS iugh for a hazardous matenal mCldent, Wheat Ridge has expenenced relatively few hazardous substance mcidents to date. Most mCldents have mvolved transponatlon accIdents or mCldents where the responsible person for the substance was a known reputable bus mess that met theIr legal responsibilities and paid for the costs of the emergency response and subsequent remediation and clean-up. In these mCldents the Police Depanment has often acted as the de facto DERA HAZMAT mCldents present uruque challenges and dangers that should be handled by profeSSIOnally tramed first responders. Three of the four fire distncts servmg the Gty of Wheat Ridge panlClpate m the Adams/Jefferson County Hazardous Matenals Response Team (i.e. have members that are tramed as Hazardous Matenals Techruclan and tram Wlth and respond as members of the team) The Police Depanment also panlclpates as a member of tius response team. Of these four fire chstncts only one, the Arvada Fire Protection DlStnCt, IS actmg as DERA for a muruclpality (the Gty of Arvada) by agreement. There were two hazardous substance events that occurred tius year Wlthm the Gty that pomt not only to the need of deslgnatmg who the DeSignated Emergency Responding Authonty should be but also the Iffiponance of detennirung the roles and responsiblitles of first responders. In one event, SIX barrels of hazardous waste were illegally abandoned at one of the access pomts of the Wheat Ridge Greenbelt. In another mCldent, a large quantity of diesel fuel was spilled on the Interstate by a busmess that did not meet theIr legal responsibilities for cleanup and the mCldent. In the first mCldent, the Gty absorbed the cost of the clean-up as the mCldent effectively occurred on Gty propeny. In the other mCldent the clean up was delayed for a number of days. The Arvada Fire Depanment, the de facto DERA for tius inCIdent, did not and does not have the authomy to encumber funds for a clean-up, nor IS there a mecharusm for the agency to make cost recovery effons for mCldents m the Gty of Wheat Ridge. Ultimately, the Colorado Depanment of T ransponatlon as the" owner" of the Interstate was reqUIred to pay an environmental contractor for the clean-up and IIUtlate legal action agamst the responsible person. - In a survey of surrounding agencies the depanment found that the Gty of Arvada had lIUually deSIgnated their Emergency Preparedness Coordinator to act as the DERA for the city They later passed a resolution transfemng tius authonty and deslgnatmg the Arvada Fire ProtectIOn DlStnct to act as DERA However, the Gty retamed pnmary responsibility for cost recovery effons and kept responsibility for costs that could not be recovered and for costs assOCIated Wlth external servIce proViders, such as envll'Onmental clean-up contractors. The Gty of Arvada and Arvada Fire ProtectIon DlStnct have a Memorandum of Understanding detailing tius relauonsiup. Memorandum October 10, 2005 Page 3 Faced 'WIth the sl1l1i1ar clrCurnstance of bemg served by multIple Fire DlStncts, the Gty of Lakewood mmally desIgnated their police department to be the DERA Later, Lakewood created an Environmental ServIces Manager withIn their Public Works Department and transferred DERA responsibilitIes to tlus function. The department has an IGA with Its Fire DlStncts that outlines dutIes, roles and responsibilitIes of each first responder. The Pohce Ollef has also met 'WIth the Fire Ollefs from each Fire DlStnct servmg the Wheat fudge area. The maJonty are m favor of the Gty assummg the role of bemg the DERA, especIally from a cost recovery perspectIve, and the development of an IGA that defines duties, roles and responsibilitIes. ALTERNATIVES OptIOn 1 The Gty could deSIgnate the different fire distncts as bemg the Emergency Response Authonty for those areas m which they have fire protectIon responsibilitIes. - State statute makes the fire distncts the DERA by default 'WIthout a need for action by the Gty However, some form of IGA or MOD would likely be requrred to clanfy tlus 'WIth the respectIve fire distncts. Tbree of the four fire distncts servmg the Gty of Wheat fudge partIcIpate 'WIth the Adams/JeHerson Hazardous Matenals Response Team Fire DlStnct personnel are all tramed to some degree m hazardous matenals response and would be responding to such mCldents 'WIthIn their respectIve Junsdictlons regardless of the agency or agencIes chosen as the DERA None of the Fire DlStncts servmg Wheat fudge have the authonty to encumber Gty funds nor do they have a mecharusm for the Gty to asSISt m cost recovery effons. At least three of the four Fire DlStncts do not have any money budgeted to pay for the clean-up of hazardous substance events or sItes m Wheat fudge. None of the Fire DlStncts has responsibility for the whole corporate area of the Gty. At least three of the four Fire DlStncts have indicated that they do not want, nor do they feel comfonable 'WIth, actmg as the DERA 'WIthin the Gty of Wheat fudge. The Fire DlStncts have fewer resources and less familianty m pursumg cost recovery effons from responsible persons or propeny owners. OptIOn 2, The Gty of Wheat fudge could deSignate the Fire DlStncts as the DERA for their respective areas but retam responsibility for cost recovery effons and contractor costs. nus optIon has all the advantages of Option 1 and proVIdes a bener mecharusm for the Fire DlStncts to pursue cost recovery eHons. The Fire DlStncts would retam responsibility for the adnurustratIve and reponing functIons of the DERA nus optIon would requrre the Gty to deSignate one or more persons to coordinate 'WIth the Fire DlStncts on such events. At urnes It will be necessary to encumber Gty funds to order the unmediate clean-up of hazardous substances mCldents and pursue cost recovery effons later. nus may potentIally unpact other Gty functiOns, such as the Gty Anomey, and may requrre the Gty to seek or place liens on propeny for cost recovery pwposes. The respectIve duties and responsibilitIes of the Police Department and fire distncts at such mCldents would need to be clarified through and IGA or MOD. Memorandum October 10, 2005 Page 4 OptlOlI 3 The Gty could desIgnate the Wheat RIdge Police Department as the DERA for the Gty of Wheat RIdge. The duties of the DERA are pnrnarilyadrmrustratlve m nature. There 15 no need for the Gty to eqwp or tram a hazardous matenals team smce the Gty already 15 a member of the Adams/Jeffer.;on Hazardous Matenals Response Team Funher, the local Fire DlStncts automatically respond to such events m theIr respectIve Juosdictlons. The Police Department already responds to such mCldents as well. The Department IS already responsible for any commal mveStlgatlon or follow-up at such mCldents, and has authontyand responsibility for all areas WithIn the corporate lirruts of the Gty. The Gty of Wheat RIdge has greater access to fundmg and cost recovery resources than the Fire DlStncts. The Gry IS already responsible for the clean-up of mCldents occumng on Gty propertIes where the owner of the substance IS unknown or cannot be detemuned and has a vested mterest (as great as or greater than the Fire DlStncts) m the proper response and resolution of such mCldents. The Police Department already has one officer partIClpatmg With the HAZMAT Authonty and IS m the process of selectmg and trammg other officer.; to partIcIpate m the Hazardous Matenals Team The Coordinator of the Adams/Jeffer.;on Hazardous Materials Team has stated Ins willingness to asSISt us m properly meetmg the DERA responsibilities. TIus option would reqUIre an ordinance or resolution by the Gty Council to make such deSIgnation. The respective duties and responsibilities of the Police Department and fire illstncts at such mCldents would need to be clanfied through and IGA or MOD. The Police Department will need to Identify, tram, and mamtam officers competent to perform the duties reqwred of the DERA Though likely to be mfrequent, these duties will penodically take precedence over other duties and may temporarily lIllpact other police functions. At tlIlles It will be necessary to encumber or dedicate Gty funds to order the unmedtate clean-up of hazardous substances mCldents and pursue cost recovery effons later, TIus may potentially lIllpact other Gty functions, such as the Gty Anomey, and may reqwre the Gty to seek or place liens on propeny for cost recovery pwposes. In some cases, there may be no cost recovery If an owner cannot be located. --- Regardless of what agency or agencIes are deSIgnated as the DeSIgnated Emergency Response Authonty, close coordination With the Gty will be reqUIred. Even if the Fire DlStncts are gIven tins responsibility, practical ISsues regardmg cost recovery and the payment of contractor.; will likely reqwre the mvolvement of the Gty and the use of Gty funds to resolve such mCldents. RECOMMENDATION The need for a coordinated and thorough response to hazardous substance mCldents cannot be over.;tated. The aty of Wheat fudge has a vested mterest m ensunng that such mCldents are handled properly The Gty is the only UIllt of government that has authomyand responsibility for the atyas a whole. The aty contributes to the Adams/Jeffer.;on County Hazardous Matenals Authonty. Funher, the Police Department has one, and IS m the process of recnutmg more officer.; With techrucal expenlSe regarding hazardous matenals mCldents. It IS recommended that the aty deSIgnate the Wheat fudge Police Department as the DeSIgnated Emergency Response Authonty through ordinance or resolution and to Ulltlate the process of developmg Inter-governmental Agreements to tlus effect. -.. STUDY SESSION Item 5. October 17, 2005 WHEATRIDGE POLICE DEPARTMENT MEMORANDUM FROM: Mayor Gretchen Cerveny and City Council . '/( 1--- Randy Young, City Manag~ '\ I ~ Daniel G Brennan, Chief of Police ~ TO: VIA: DATE: October 10, 2005 SUBJECT: Animal Control Issues At a previous City Council Study Session, a request was made for the Police Department to provide feedback to City Council on three issues pertaining to animal control: o Feasibility of an ordinance banning Pit Bulls from Wheat Ridge o Feasibility of a Cat Leash ordinance o Assessing whether our barking dog ordinance was appropriate - Prior to completing this report, the Community Services Supervisor and I met with the City Animal Welfare Control Commission and solicited their input on these requests. In addition, the department completed research and looked at the ordinances from surrounding jurisdictions. ORDINANCE BANNING PIT BULL TERRIERS There has been much attention paid to recent attacks by Pit Bull Terriers on other animals and people by the news media and certain communities. These attacks have caused some communities to re-examine their ordinances to determine if a specific ordinance is needed prohibiting the Pit Bull Terrier from their communities. Historically, the City and County of Denver adopted an ordinance prohibiting the Pit Bull Terrier over 10 years ago. Recently, Commerce City repealed and re-enacted an ordinance prohibiting any person to own, possess, keep, exercise control over, maintain, harbor, transport (exceptions are noted in the ordinance) or sell a Pit Bull Terrier. The exception to this ordinance is available only to owners who register their Pit Bull Terriers with the City by November 1, 2005. The ordinance includes eleven (11) requirements that an owner must adhere to be in compliance with the ordinance. This week, the City of Aurora had the first reading of an ordinance that would require all Pit Bull Terriers to license their pets with the City at the cost of $200 per year. The ordinance also requires the owners be at least 21 years of age, demonstrate they have $100,000 in liability insurance, post visible warning signs in their yards and have the dogs spayed or neutered. This ordinance applies to the Pit Bull Terrier, as well as nine types of dogs that are either pit bulls or have the breed's characteristics, such as body musculature or similarly shaped heads. The Table Mountain Animal Center has reported an increase in the number of Pit Bull Terriers at their facility These dogs, as well as all other breed of dogs, are given an aggression test before they are ever offered for adoption to the public. The Community Services Unit has not seen an increase in Pit Bull Terriers as a result of the implementation of breed specific ordinances. In 1999, the Colorado State Legislature passed a law prohibiting the banning of specific breeds of dog 18-9-204(5)(a) states "..nothing in this section shall be construed to prohibit a municipality from adopting any rule or law for the control of dangerous dogs; except that any such rule or law shall not reGulate danGerous dOGS in a manner that is specific to breed. "Because the City and County of Denver had a pre-existing ordinance, they were able to retain the ban placed on Pit Bull Terriers in their community There has been considerable debate regarding breed specific bans as a means of animal control. Media attention and public concerns about "dangerous dogs" has caused many local governments to consider supplementing existing animal control laws with ordinances directed toward the control of specific breeds or types of dogs. Frankly, there are attacks and maulings involving other breeds of dogs that go unreported The Colorado Federation of Animal Welfare Agencies, the Colorado Association of Animal Control Officers and the American Veterinary Medical Association (AVMA) agree that laws or ordinances that ban specific breeds are not an effective means of protecting the public from dangerous dogs. Breed specific laws do not consider behaviors of either owners or animals. AVMA published a study in 2001, titled "A Community Approach to Dog Bite Prevention." A task force of veterinarians, epidemiologists, physicians and other animal care professionals participated on a study that resulted in the publication of this document. This task force recommended not implementing breed specific ordinances, but did recommend the implementation and enforcement of stronger legislation for vicious or aggressive animals. - The animal control ordinances of our City have been thoughtfully crafted and revised over the years to provide for the enjoyment of pets, and the protection our community The City does have an ordinance, 4-15, Vicious Animals that states "It is unlawful for any animal owner to keep, possess or harbor a vicious animal within the city" that adequately addresses the issue of vicious and dangerous animals. The Police Department and animal professionals nationally are of the same opinion that singling out various breeds of dogs for control is problematic. It results in a false sense of accomplishment, and diverts animal control resources towards the registration process and seizing of well- behaved pets from responsible pet owners. The Community Services Unit is in the process of reviewing the City Code of Laws pertaining to animals to determine what ordinances need to be revised and updated. The unit will be reviewing the vicious animal ordinance as well. CAT LEASH ORDINANCE Cats, by their nature are free roaming animals. Nuisance cats are generally a neighbor's cat that wonders onto someone else's property and either causes damage to property or defecate in a neighbor's yard, rather than using a litter box. Feral cats (an untamed cat without an owner) are known to also reside in the City but have not been a community concern, The City of Wheat Ridge Code of Laws, Section 4-31 DOQS and cat licenses, requires all dogs and cats to have a current Mile-Hi rabies tag and registration certificate. This does not mean that a cat can go wherever it wants and do whatever it wants. Although the Community Services Unit does not trap cats, when free roaming or feral cats become a problem the Community Services Unit provides resource information to citizens on how to obtain traps from vendors specialiZing in the trapping of animals. Cats that are sick, injured, deceased or have bitten someone are taken by the Community Services Unit to the Table Mountain Animal Center A cat leash ordinance would give an expectation to the community that we will have no cats outdoors that are unleashed. Enacting such an ordinance would significantly impact the limited resources we have dedicated to animal control. In essence, the ordinance would be difficult to enforce and cause citizens to become frustrated and angry The time spent dealing with this problem would be better spent in more traditional animal control and welfare activities. - The Community Services Unit is working on developing an educational program as it pertains to animal control issues through the development of brochures that can be provided to the public. The police department does not recommend pursuing a cat leash ordinance. NUISANCE DOG ORDINANCE The Wheat Ridge Code of Laws, Section 4-9 (b), CreatinQ a disturbance or nuisance states that: .. ,a 'nuisance' shall be defined as being created by an animal's. creating a disturbance by frequent, habitual and unprovoked howling, barking or other unreasonable noise, causing of offensive odors; dangerous nature or character; or any other conduct or condition which disturbs the peace, safety or comfort of any neighborhood, or interferes with any person in the reasonable and comfortable enjoyment of life and property" The Wheat Ridge ordinance definition of what constitutes a nuisance is similar to surrounding jurisdictions, with some exceptions noted. Both the City of Arvada and Westminster require that the owner or person in custody must have received a written warning within the twelve (12) months preceding the first date alleged as a date of violation in the complaint. In addition, two or more witnesses from different households must testify to the loud and persistent or loud and habitual nature of the noise, unless there is other corroborating evidence. The Community Services Unit does require the person reporting a nuisance animal find additional witnesses from different households to testify to the nuisance. In addition, the unit strives to get the parties involved in a nuisance animal complaint to participate in mediation services offered through the Jefferson County Mediation Services. The Community Services Unit is in the process of reviewing the City Code of Laws pertaining to animals to determine what ordinances need to be revised and updated The unit will be reviewing the ordinance pertaining to creating a disturbance or nuisance and will be working on the development of educational information for the community on this subject. DB - , \\\' t'\tM. OG'X ,-- '7 1._:'1...:/) ~'- ,\-"\ . 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