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HomeMy WebLinkAbout03/27/2006 P!h1ck/~Cr1V 6:30 p.m. Pre-Meeting :\ a: I'J ~:\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 27. 2006 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Special Meeting of March 6, 2006 and Regular Meeting of March 13, 2006 PROCLAMATIONS AND CEREMONIES Presentation of Key to the City of Wheat Ridge to Mayor Andres Jaadla from Rakvere, Estonia. 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 12-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE R-1 SCHOOL DISTRICT FOR RECONSTRUCTION OF THE STEVENS ELEMENTARY SCHOOL PLAYGROUND B RESOLUTION 13-2006 - APPROVING AN AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING UPDATE AND FLOOD HAZARD AREA DELINEATION FOR LENA GULCH, ALONG WITH APPROVING EXPENDITURE OF FUNDS IN THE AMOUNT OF $80,000 FOR THE PROJECT CITY COUNCIL AGENDA. MARCH 27, 2006 Page -2- C RESOLUTION 14-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE DESIGNATED EMERGENCY RESPONSE AUTHORITY FOR THE CITY OF WHEAT RIDGE D RESOLUTION 15-2006 - AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,000 FOR CONTRIBUTION TO THE 2006 WHEAT RIDGE CARNATION FESTIVAL. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 07-2006 - AN ORDINANCE AMENDING SECTION 26- 109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES (Case No lOA-05-03) COUNCIL BILL 08-2006 - AN ORDINANCE AMENDING SECTION 26- 707 A 1 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NONCONFORMING SIGNS (Case No lOA-05-06) CITY MANAGER'S MATTERS Item 3. CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT ......... CITY OF WHEAT RIDGE, COLORADO Recreation Center 4005 Kipling Street March 6. 2006 Mayor Jerry DiTullio called the meeting to order at 8 32 P m Council Members present: Karen Berry, Terry Womble, Wanda Sang, Dean Gokey, Karen Adams, Mike Stites, Larry Schulz, Lena Rotola, Also present: Gerald Dahl, City Attorney; Randy Young, City Manager; Patrick Goff, Administrative Services Director; City Clerk Pam Anderson, Joyce Manwaring, Director of Parks and Recreation Item 1. EXECUTIVE SESSION Motion by Mr Stites to go into Executive Session for a conference with the City Attorney and appropriate staff under Charter Section 5 7(b)(1 )(D) and (b)(3) and Section 24-6- 402 (4)(b), C R.S , specifically for the purpose of receiving legal advice on specific legal questions and to consider real estate appraisals concerning the potential acquisition of properties with the use of the City's allocable share of Jefferson County Open Space funds. He further moved 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, carried 7-1, with Mr Gokey voting no Recess to Executive Session at 8'34 p m Meeting resumed at 9:20 p m Van Gordon Property Motion by Mr Gokey to deny the purchase of the Van Gordon property; seconded by Mrs Sang; Motion tied 4-4, with Mr Stites. Ms Berry, Mrs Rotola, and Mr Schulz voting no Motion failed 5-4, with Mayor DiTullio voting no to break the tie Motion by Mr Schulz to continue the investigation of the Van Gordon property by at the very least learning what the contamination state is, seconded by Mrs Rotola, Motion tied 4-4, with Mrs Sang, Mr Gokey, Mrs Adams, and Mr Womble voting no Motion carried 5-4, with Mayor DiTullio voting yes to break the tie CITY COUNCIL SPECIAL MEETING MINUTES: March 6. 2006 2 Sanitation Property Motion by Mr Gokey to pursue the next phase of the environmental study with the purpose of setting into motion some sort of negotiation to purchase the sanitation property based upon the testimony that was given in the executive session, seconded by Mrs Adams, carried 8-0 Motion by Mr Schulz not to rule out giving up the indemnification on the basis of the remediation, closure letter, and CIRSA position for coverage, seconded by Mr Stites, carried 6-2, with Mr Gokey and Mrs. Sang voting no. Meeting adjourned at 9'34 p m APPROVED BY CITY COUNCIL ON MARCH 27, 2006 BY A VOTE OF _ to_ Mike Stites, 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 mY~rrmmmB CITY OF WHEAT RIDGE, COLORADO March 13, 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7'00 p m Councilmembers present: Karen Adams, Dean Gokey, Lena Rotola, Wanda Sang, Mike Stites, and Terry Womble Karen Berry and Larry Schulz were absent to attend National League of Cities Conference in Washington D C along with City Clerk Pam Anderson Also present: Deputy City Clerk, Christa Jones, 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 February 27.2006 Motion by Mr Gokey for approval of the Minutes of February 27, 2006, seconded by Mr Womble, carried 6-0 PROCLAMATIONS AND CEREMONIES Mayor DiTullio administered the Oath of Office to newly appointed Board and Commission Members CITIZENS' RIGHT TO SPEAK There was no one present to speak. APPROVAL OF AGENDA Motion by Mr Stites to change the order of the Agenda and hear Item 4 before Item 2, seconded by Mrs. Sang, carried 6-0 Item 1. CONSENT AGENDA: A. RESOLUTION 11-2006 - AMENDING THE FISCAL YEAR 2006 BUDGET TO REFLECT THE APPOVAL OF A SUPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $29,000 FOR CHANNEL 8 EQUIPMENT MAINTENANCE AND REPLACEMENT B Approve RFB-05-42 on-call storm sewer cleaning & repair service renewal option not to exceed $50,000 C Award RFB-06-07, 2006 Traffic Signal Equipment Replacement Project at a total cost of $68,806 Consent Agenda was introduced and read by Mrs Rotola Motion by Mrs Rotola for approval of the Consent Agenda, seconded by Mr Gokey; carried 6-0 CITY COUNCIL MINUTES March 13, 2006 Page -2- Item 4. RESOLUTION 09-2006 - APPROVING THE SERVICE PLAN FOR LONGS PEAK METROPOLITAN DISTRICT Resolution 09-2006 was introduced by Mr Stites. Staff members and members of the public planning to speak on this item were sworn in by the Mayor Charles Kuechenmeister, 2401 15th Street, Denver, gave background on how this District was formed Tim Paranto, Director of Public Works, presented a list of transportation improvements connected with this District. Tim Leonard, Financial Development Manager, Deepwater Point Company, 27905 Meadow Drive, Evergreen, referred to financing and funding plans contained in the District Service Plan document. Kim Seter, 7400 E Orchard Road, Greenwood Village, Attorney for the District, thanked Council for consideration of this plan David Kuehn, 4198 Xenon Street, District Manager for the Prospect Recreation and Park District, was pleased to advise Council that the Prospect Recreation and Park District has reached an agreement of principal with Cabellas, which will, if adopted by the City, resolve the differences they have had over the past year and lead to the termination of litigation currently before District Court. It also paves the way for future cooperation and collaboration in connection with the development in the Coors Valley Mayor closed the public hearing. Motion by Mr Stites to approve Resolution 09-2006, seconded by Mr Womble; carried 6-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 04-2006 - AN ORDINANCE PROVIDING FOR A REQUEST FOR REZONING FROM RESTRICTED COMMERCIAL (R-C) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCATED AT 6690 W 44TH AVENUE (Case No WZ-05-14) (Kasay Abraham) Council Bill 04-2006 was introduced on second reading by Mrs Sang, who read the executive summary; Clerk assigned Ordinance No 1355 CITY COUNCIL MINUTES March 13, 2006 Page -3- Travis Crane, Community Development, presented the staff report and entered the following exhibits into the record. Comprehensive Plan, case file and packet materials, zoning ordinance, and digital presentation Glen Gidley, 8684 W Warren Drive, Lakewood, representing the applicant, gave background on the purchase of the property and that a liquor license was obtained It was later determined that the property was not zoned for a liquor store He asked for approval of the rezoning and outline development plan He entered into the record the Comprehensive Plan, Zoning Ordinance, the record of the Planning Commission Hearing of January 19, 2006 and all packet materials Kasay Abrahams, applicant, 6690 W 44th Avenue, was present and answered Councils' questions Charles Durbin, 4703 Ames Street, stated there are enough liquor stores in the area already There are enough suitable uses for that property without a zoning change Please deny this rezoning for the benefit of our neighborhood Cynthia Hashem, 4315 Otis Street, does not think it's fair to deny the application Mary Martinez did not wish to speak. Craig Molenaar supports this business plan, give people a chance Small business is what it's about in this Country He is totally in support. Richard Doyle, 4491 Upham Street, is concerned about traffic and schools Mike Gauthier, owner of Wheat Ridge Liquor, related how he runs his business Mayor closed the public hearing RezoninQ/Outline Development Plan Motion by Mrs Sang to table indefinitely Council Bill 04-2006, Case No WZ-05-14, a request for a rezoning from Restricted Commercial to Planned Commercial Development and associated Outline Development Plan for the property located at 6690 W 44th Avenue with the following findings 1 The change of zone, specifically the intended use of "liquor store" is detrimental to the public health, safety and welfare 2 The change of zone will not be a social, recreational or physical benefit to the community; seconded by Mr Gokey; carried 4-2 with Councilmembers Rotola and Adams voting no CITY COUNCIL MINUTES March 13, 2006 Page -4- Final Development Plan Motion by Mrs. Sang to deny Case No WZ-05-14, for the following reason: 1 The Outline Development Plan and rezoning from Restricted Commercial to Planned Commercial Development was denied, seconded by Mr Gokey; carried 4-2 with Councilmembers Adams and Rotola no Item 3. COUNCIL BILL 05-2006 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REFERENCES TO THE STREETSCAPE AND ARCHITECTURAL DESIGN MANUAL. Council Bill 05-2006 was introduced on second reading by Mrs Rotola Deputy City Clerk read the Executive Summary and assigned Ordinance No 1355 Alan White presented the staff report. Motion by Mrs Rotola to approve Council Bill 05-2006 (Ordinance 1355) for the following reasons' 1 The City of Wheat Ridge has adopted legislation pertaining to the development standards for the commercial zone districts 2 The City of Wheat Ridge has adopted legislation pertaining to streetscape and architectural design guidelines 3 There are no cross references between the two different sets of standards, seconded by Mrs Sang, carried 6-0 ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 07-2006 - AN ORDINANCE AMENDING SECTION 26- 109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES Council Bill 07-2006 was introduced on first reading by Mr Womble Motion by Mr Womble to approve Council Bill 07-2006 on first reading, order it published, public hearing set for Monday, March 27, 2006 at 7 00 P m in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs Sang, carried 6-0 CITY COUNCIL MINUTES March 13, 2006 Page -5- Item 6. COUNCIL BILL 08-2006 - AN ORDINANCE AMENDING SECTION 26- 707 A 1 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NONCONFORMING SIGNS Council Bill 08-2006 was introduced on first reading by Mr Womble Motion by Mr Womble to approve Council Bill 08-2006 on first reading, order it published, public hearing set for Monday, March 27, 2006 at 7 00 P m in City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Rotola, carried 6-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. RESOLUTION 10-2006 - FIRST AMENDMENT TO PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT Resolution 10-2006 was introduced by Mr Stites. Mr. Stites read the executive summary Motion by Mr Stites to approve Resolution 10-2006, seconded by Mr Gokey; carried 5-1 with Mr Womble no CITY ATTORNEY'S MATTERS Mr Dahl will be out of town on March 27 Somebody from his office will represent him at the meeting ELECTED OFFICIALS' MATTERS Mrs Adams recognized Exempla Lutheran Medical Center for having been named one of the Nations top 100 hospitals This is the seventh time Exempla has been recognized with this honor Motion by Mr Gokey to add a discussion with neighborhood representatives concerning 44th Avenue west of Yarrow to the April 1 ih 2006 City Council Study Session, seconded by Mrs Sang, carried 6-0 CITY COUNCIL MINUTES March 13, 2006 Page -6- Mayor DiTullio reminded everybody of the Mayor's Roundtable on April 15 from 9 30 to 11 30 a m at the Wheat Ridge Rec Center. Meeting adjourned at 9 00 P m r\ \ ,~ ~\ ~ ~\~G\~ .,(j)\~r~ Christa Jones, Deputy ~ty Clerk APPROVED BY CITY COUNCIL ON MARCH 27, 2006 BY A VOTE OF to Mike Stites, 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 Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions Map of Central and Eastern Europe Page 1 of2 ~f( HOMf PM.f MAP Of rfNTRAl "NO fASHRN fl.'ROl'f Map of Central and Eastern Europe The following interactive map shows the beneficiary countries of the Regional Environmental Center for Central and Eastern Europe (RECl. Click on any of the countries to see an enlarged country map ro Th~ R~ion.1 Environm...tal C...t~r for C....ral and East..... Europe New endangered species t-shirts! Maps of Central and Eastern European countries: Albania Bosnia and Herzegovina Bulgaria Czech Republic Estonia Hungary Latvia Croatia Lithuania http://www.rec org/REC/Maps/eur _map.html 3/22/2006 Rakvere Linn Page 1 of 1 I Rakvere sa~ Pelerburg 274 \un . Laane-Virumaa halduskeskus Rakvere linn Pindala - 10,64 km2 Asukoht - 59022' pohjalaiust, 26020' idapikkust Elanike arv seisuga 01.01 2006 - 17374 Asula esmamainimine - 1226 (Tarvanpea) Linna6igused alates 1302 (Wesenberg) Linnavalitsuse kontakt . Tallinna 5, 44306 Rakvere Tel +372 32 25870, Fax. +372 32 25871 . linnavalitsus@rakvere.ee http://www.rakvere.ee/ 3/22/2006 ITEM NO: L AI REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. March 27, 2006 TITLE: RESOLUTION 12-2006 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH R-l SCHOOL DISTRICT FOR RECONSTRUCTION OF THE STEVENS ELEMENTARY SCHOOL PLAYGROUND o PUBLIC HEARING o BIDS/MOTIONS [?SI RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING QuasI-JudIcIal o Yes [g] No "\ u !'l1w~ (~( ~ Par~s a d RecreatIOn DIrector CIty Mana~ 0L..:l 6 ,/ EXECUTIVE SUMMARY: The Parks and RecreatIOn Department has receIved a grant m the amount of$86,329.00 from the Great Outdoors Colorado for the purpose of reconstructing the Stevens Elementary School playground. As part of the grant contract, an Intergovernmental Agreement (IGA) between the school distrIct and the city IS reqUlred. This IGA describes the responsibilIties of each entity. The CIty IS contributIng matchmg funds for the proJect in the amount of $25,000 whIch arc appropnated In the 2006 ConservatIOn Trust Fund budget. The total project cost IS $138,756 00 The remamder ofthe funds necessary for completIng the reconstructIOn will be supplIed by the elementary school fund raisers, the R-l School Dlstnct accessibihty fund and donations from the communIty COMMISSION/BOARD RECOMMENDATION: A motIon supportmg thiS project was approved by the Parks and Recreation Commission on February 16,2005. STATEMENT OF THE ISSUES: The school has two large areas available for eqUlpment located behmd the school. The CIty and the school dIstrIct entered mto aJoint venture proJect to develop ball fields on site at the tIme Wheat RIdge MIddle School and Stevens Elementary School were reconstructed. The playground eqUIpment at the elementary school was replaced by the distnct dunng the ballfield proJect. The eqUIpment chosen for mstallation at that time was chosen due to budget constraints. It IS sparse, outdated and does not serve the special needs students at the school. The playground eqUipment IS not ADA accessible. Hlstoncally the Clty has matched funds for area school playground replacements m amounts rangmg from $20,000 - $25,000 These playgrounds and school slte development proJects provide nelghborhood playgounds for resIdents when school IS not In session. The agreement has been approved as to form by both entltles and approved by the Board of EducatIOn. AL TERNA BYES CONSIDERED: To not approve the IGA and therefore not accept the grant funds for the proJect. FINANCIAL IMPACT: $25,000 has been appropnated in the ConservatIOn Trust Fund for 2006. The Conservation Trust Funds lottery dollars are dlstributed by a per caplta formula and by legislatIOn and may only be spent on Park and RecreatIOn proJects. Other financlal Impacts include m-kmd admmistratlOn servlces of the Parks and RecreatIOn Dlrector. RECOMMENDED MOTION: HI move to approve ResolutIOn 12-2006 ~ A Resolution Approvmg an Intergovernmental Agreement wlth R-l School Distnct for Reconstruction of the Stevens Elementary School Playground." Of, HI move to deny approval of ResolutIOn 12-2006 - A Resolution Approvmg an Intergovernmental Agreement wlth R- I School DistrIct for ReconstructlOn ofthe Stevens Elementary School Playground for the followmg reason(s) " Report Prepared bY' Revlewed bY' Joyce Manwanng, Dlrector Parks and Recreation Randy Young, Clty Manager Attachments: 1. ResolutIOn 12-2005 - A ResolutIOn m Support of the Great Outdoors Colorado Grant ApplIcatlon for Funds to Reconstruct the Stevens Elementary School Playground 2 Intergovernmental Agreement 3 R-I School Board Approval Document 4 ResolutIOn 12-2006 ~ A ResolutIOn Approvmg an Intergovernmental Agreement with the R-1 School Dlstnct for ReconstructIOn of the Stevens Elementary School Playground 060327 CAF ltiA Stevens. doc RESOLUTION NO. 12 TITLE: A RESOLUTION IN SUPPORT OF THE GREAT OUTDOOR COLORADO GRANT APPLICATION FOR FUNDS TO RECONSTRUCT THE STEVENS ELEMENTARY SCHOOL PLAYGROUND WHEREAS, the Wheat Ridge City Park Master Plan Goals call for a balanced and equitable park and recreatIOn system responsive to all age groups and user groups; and WHEREAS, there IS a demand for playground areas within the City; and WHEREAS, Jefferson County R-1 School District and Stevens Elementary School desire to reconstruct the playground at Stevens Elementary School Site, and WHEREAS, the City of Wheat Ridge desires to assist with the reconstructIOn of the playground at the Stevens Elementary School site; and WHEREAS, the City of Wheat Ridge will be the apphcant to Great Outdoors Colorado for grant fundmg, and WHEREAS, the City shall admmlster the GOCO grant in accordance with proviSions of GOCO grant agreement contract number 9243, and WHEREAS, the City may observe construction of all on-site development improvements at itS discretion. The City may notify the District m writing of any concerns; and WHEREAS, the playground Will be open to the pubhc, thereby meetmg the parks and recreation needs of the commumty; and WHEREAS, Amendment 8 was passed by the Colorado voters m November, 1993, establIshing Great Outdoors Colorado and designating lottery proceeds as a fundmg mechamsm for parks and recreatIOn projects. Therefore, GOCO establIshed a grant program for local governments to meet the parks and recreational needs of commumties. ATTACHMENT 1 NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WHEAT RIDGE CITY COUNCIL to support the grant applIcatIon to Great Outdoors Colorado for the Stevens Elementary School Playground Reconstruction. DONE AND RESOLVED THIS 2Srd DAY OF FEBRUARY, 2005 Attest: ~~ Anderson, CIty Clerk INTERGOVERNMENT AL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is made and entered into this day of 2006, by and between the CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado, hereinafter referred to as the "CITY" and JEFFERSON COUNTY SCHOOL DISTRICT NO. R-I, a quasi- municipal corporation of the State of Colorado, hereinafter referred to as the "SCHOOL DISTRICT" or the "DISTRICT." RECIT ALS I. The City and the District have jointly determined that enhanced playground facilities at Stevens Elementary School (the "Project") are beneficial to the City, the community and the DistrICt. 2. The City submitted a grant request (the "Grant ApplIcatIon"), attached as Exhibit A, to the State Board of the Great Outdoors of Colorado Trust Fund ("GOCO") to fund the Project. 3 In order to receive the GOCO grant, (the "Grant"), the City must enter into an agreement with GOCO regarding the terms and conditions of the Grant, which agreement Will be III substantially the form attached hereto as Exhibit B (the "Grant Agreement"). 4. The parties mtend by this Agreement for the City to be the condUit through which the District Will receive the benefit of the Grant and that the District will be prImarily responsible for meeting the terms and conditions of the Grant Agreement. NOW, THEREFORE, m consideration of the premises, the mutual agreements hercm contained, and subject to the terms and conditIOns hereinafter stated, It is hereby understood and agreed by the parties hereto as follows. IGA between City of Wheat Ridge and Jefferson County School District No. R-l, v 2 ~~ec~~~72006 ATTACHMENT 2 I THE PROJECT. The Project refers to the design and construction of playground improvements at the Stevens Elementary School, as described in detaIl in the Grant Application. The District will be solely responsible to procure, install, operate and maintain the Project m accordance with the terms and condItions of the Grant Agreement and as further detailed in Exhibit C, the Project Site Plan. 2. COORDINATION AND LIAISON: A. The CIty's Dlfector of Parks and Recreation (the "City's RepresentatIVe") is vested With the City's authority to act on behalf of the City under thiS Agreement. The CIty may change its authorized representative at any time by providing written notice to the District of such change. The District's Director, Facilities Maintenance (the "DIstrict's Representative"), is assigned by the Distnct to act on behalf of the District under thiS Agreement. The Distnct may change its authorized representative at any tIme by provIding wntten notice to the CIty of such a change B The function of the City's Representative will be to work with the Distnct's Representative to jointly ensure compliance of Project construction WIth the terms of the Grant Agreement. 3 PROJECT RELATED RESPONSIBILlTES: A. The City and the District shaIl use their best etlorts to fulfill all the requirements of paragraphs 4 and 5 of the Grant Agreement. The District will specifically be responsible for providing the information required in paragraphs 4.c., 4.d., 4.e. and 5.a. of the Grant Agreement, any and all other documents and informatIOn necessary for the City to fulfill the requirements of paragraph 4 and 5 of the Grant Agreement. IliA between City of Wheat Ridge and Jefferson County Sehoul District No. R-l y 2 March 15 2006 Page 2 of 7 B. The DistrIct has thoroughly reviewed and accepts the Grant Agreement terms and conditions and acknowledges that the City, by submitting the Grant ApplIcatIOn, was actmg solely as a conduit for the DistrIct. The District, to the extent permitted by law, assumes all responsibilities and obligations of the "Grantee" of the Grant Agreement and, to the extent permitted by law, all liabilIties related to the ProJect. C. The City does not by this Agreement assume any obligatIOn of the Distnct to procure, install, operate, or maintain the Project. The District shall operate and mamtam the Project m compliance with paragraph 9 of the Grant Agreement. The parties understand and agree that GOCO and the City shall not be liable for any cost of such operation or maintenance. D The District shall, upon request, and in complIance With paragraph 9.a. of the Grant Agreement, provide GOCO with the operation and maintenance costs of the ProJect. The District shall, pursuant to paragraph 10 of the Grant Agreement, allow reasonable access to the members of the public to the ProJect and shall comply with all requirements of paragraph 13 of the Grant Agreement, including providing GOCO with the approprIate information concerning the use of the Project by the publIc and the Impact of the Project. E. The District will operate and maintain the Project in a reasonable state of repair for the purposes specified in the ProJect ApplIcation for at least 25 years. Prior to the end of the 25-year perIod, should the District find it necessary or advisable, at Its discretIOn, to use the site of the Project for another purpose or to sell the property, the District will provide notice to GOCO of the District's planned disposition of the Project improvement. The District will be expected to attempt to relocate the Project improvements to another school site within the City, provided the Improvements have IGA between City of Wheat Ridge and Jefferson County School District No. R-I, v 2 March IS 2006 Page 3 of7 usefullife remaming and It IS feasible to do so The Dlstrict shall mdemmfy, defend and hold harmless the City, Its officials, employees and agents from any and allliabilihes, clmms, demands, damages or costs (including reasonable attorneys' fees) ("Claims") resultmg from the District's taking such actIOn. F The District shall indemnify, defend and hold harmless the City, its officials, employees and agents for any and all Claims resulting from, growmg out of, or in any way connected with or incident to the District's violation of any term of the Grant Agreement or the District's performance of thiS Agreement, including the design, procurement, construction, installation, operation and maintenance of the ProJect. The District hereby waives any and all rights to any type of express or implied indemnity or right of contributIOn from the City, its officials, employees or agents, for any Claim resulting from, growing out of, or in anyway connected with or lllcident to this Agreement. G The City will make Grant award funds available to the District in an amount not to exceed the level of the Grant award from GOCO H. It is expressly understood and agreed that the obligation of the City for all or any part of its payment obligation hereunder, whether direct or indirect, shall extend only to the payment of funds awarded by GOCO under the Grant and duly and lawfully appropriated by the City Council for the purpose of this Agreement, and pmd mto the Treasury of the City. I. The District shall operate and maintain the Project in accordance With tcrms of the Grant Agreement and with established District policy for playground mamtenance for the useful life of the Improvements. If these standards conflict in any way, the more stnngent standard shall apply. Should any Claim for personal injuries, IGA between City of Wheat Ridge and Jefferson County School District No. R-I, v 2 March 15, 2006 Page 4 "f7 property damage or wrongful death be asserted as a result of the design, procurement, constructIon, mstallation, operation, mamtenance or use of the Project, the District shall be solely responsible for such Claim and it shall indemnify, defend and hold harmless the City, its officials, employees and agents from any and all such Claims related thereto J. Anythmg else in this Agreement to the contrary notwithstandmg, no term or condition of this Agreement shall be construed or interpreted as a Waiver, either express or implied, of any of the immunities, rights, benefits or protection provided to the City or the District under the Colorado Governmental Immunity Act, C.R.S S 24-10-101 et seq ("CGIA"), as amended or as may be amended in the future (mcludmg, without limitation, any amendments to such statute, or under any similar statute which is subsequently enacted.) The City and the District understand and agree that habIlity for claims for injuries to persons or property arising out of the negligence of the City or the Distnct, their officials, agents and employees may be controlled and/or lImIted by the proviSIOns of the CGIA. The partIes agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to whIch the CGIA limits the liability of the City or the District, their officials, agents and employees. K. By executmg this Agreement, the parties do not create a multi-year fiscal obligation and do not create any other financial obligation not supported by a current approprIation. L. This Agreement docs not create any rights in any mdividual not a party to thIS agreement. M. This document, and exhibits, shall constitute the entire agreement of thc partIes. IGA between City of Wheat Ridge and Jefferson County School District No. R-I, v 2 March 15, 2006 Page 5 of? 4 EXAMINA nON OF RECORDS: The Distnct agrees that, for a period of five (5) years followmg the date of disbursement of funds, any duly authorized representative of the City, including the City Auditor or his designee, shall have access to and the right to examme any directly pertinent books, documents, papers and records of the Distnct involvmg the transactions and other activities related to this Agreement. 5 TERM AND TERMINATION. The term of this Agreement shall commence upon execution of this Agreement and shall end on the termmatIon of the Grant Agreement or the obligatIOns thereunder In the event the District cannot fulfill Its oblIgatIOn to complete the Project stated in the Grant Agreement, the Project and the Grant award will be forfeited. The City will in no instance be responsible for fulfillmg the terms of the Grant Agreement if the School Distnct is unable to do so CITY OF WHEAT RIDGE JEFFERSON COUNTY School District No. R-l Mayor By' ExecutIve Director, Facilities Management By' ATTEST By' City Clerk APPROVED AS TO FORM: By- City Attorney APPROVED AS TO CONTENT By' Director of Finance lGA between City of Wheat Ridge and Jefferson County School District No. R-l. v 2 March 15,2006 Page 60f7 APPROVED AS TO FORM BY SCHOOL DISTRICT ATTORNEY' Caplan and Earnest LLC By' IGA between City of Wheat Ridge and Jefferson County School District No. R-I. v 2 March 15 2006 Page 7 of7 MAR-13 2006 12:40 FROM:JCPS FACILITIES MGMT 3039822348 RESEARCH RND GRANTS Fax:303-982-5838 TO: 3032311350 Feb 27 2006 08:59 PAGE: 02 P.O:? BOARD OF EDUCATION AGENDA ITEM Consent Agenda CONTROl. NUMBER: BA-06-062 BOARD MEETING OF: February 23, 2006 SUBJECT: Supplemental Funds - AWARD (EL-7) IN FORMA lION PERTINENT FACTS: In accordance with Policy EL-7, The Administration will bring grants to the Board for approval when; A. Large amounts offunds are coming to the District (I.e., Title I, VI, etc.) B. Obligations are lon~ term (i.e., funding for multiple years, or the District is asked to continue the program after funding ends), or C. Grants are for a dollar amount over $10,000. 2. This grant falls WIder Item C. 3 The Board is hereby notified that the City of Wheat Ridge was awarded $86,329 from Great Outdoors Colorado (GOeO). These funds will be used to install new playground equipment at Stevens Elementary School, which will greatly enhance the neighborhood playground at the school. The program aligns with Strategic Plan Objective A.I., which ensures that students reach the high standards necessary to be successful in the next phase of their lives. 4. Community commitment to this project includes a $25,000 cash from the City of Wheat Ridge, $21,566 cash from site fundraising and the District, and $5,861 in-kind services. 5. The District will remove the old equipment and prepare the site for the new playground; contract and manage the installation of the new playaroWld, and maintain the new playground. 6 Marie Norby-Loud, Principal at Stevens Elementary IU1d Bob Smith, Exe"~ltiye Director, Facilities Management will manage the project. SUPERINTENDENT'S RECOMMENDATIONS: Thllt the Board of Education Is informed of a grant of $86.329 awarded to City of Wheat Ridge from Great Outdoors Colorado to benefit Stevens Elementary School. ORIGINATORS: Cindy Hernandez(~ DATE: February 8, 2006 Sherida Peterso~ i- .-, ~. "i 1\~PROVEO BY TH:E BOARQ r APPROVED: Cynthia Stevenson Q..... i' OE .CA 10i~ .ON . .. ~. .1 .. RESOLUTION NO. 12 SERIES OF 2006 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE R-l SCHOOL DISTRICT FOR RECONSTRUCTION OF THE STEVENS ELEMENTARY SCHOOL PLAYGROUND WHEREAS, the Wheat Ridge City Park Master Plan Goals call for a balanced and equitable park and recreation system responsive to all age groups and user groups; and WHEREAS, there is a demand for playground areas within the City; and WHEREAS, Jefferson County R-I School DistrIct and Stevens Elementary School desire to reconstruct the playground at Stevens Elementary School site; and WHEREAS, the City of Wheat Ridge deSires to assist with the reconstruction of the playground at the Stevens Elementary School site; and WHEREAS, the City of Wheat Ridge is the recipient of funds from the Great Outdoors Colorado grant for this purpose; and WHEREAS, the City shall admmister the GOCO grant in accordance with provIsions of GOCO grant agreement contract number 06048, and WHEREAS, the City may observe construction of all on-site development Improvements at its discretion. The City may notify the District m writing of any concerns; and WHEREAS, the playground will be open to the public, thereby meeting the parks and recreation needs of the community; and WHEREAS, Amendment 8 was passed by the Colorado voters in November, 1993, establIshing Great Outdoors Colorado and deSignating lottery proceeds as a fundmg mechamsm for parks and recreation projects. Therefore, GOCO established a grant program for local governments to meet the parks and recreational needs of communities. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WHEAT RIDGE CITY COUNCIL to approve the Intergovernmental agreement with the R-l School District for the Stevens Elementary School Playground Reconstruction. ATTACHMENT 4 DONE AND RESOLVED THIS 27th DAY OF MARCH, 2006 Attest: Jerry DiTullio, Mayor Pam Anderson, City Clerk ITEM NO: _1.3:3. REQUEST FOR CITY COUNCIL ACTION 1/$~' ru COUNCIL MEETING DATE: March 27, 2006 TITLE: RESOLUTION 13-2006 - A RESOLUTION APPROVING AN AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEW A Y PLANNING UPDATE AND FLOOD HAZARD AREA DELINEATION FOR LOWER LENA GULCH, ALONG WITH APPROVING EXPENDITURE OF $80,000 FOR THE PROJECT o PUBLIC HEARING [2J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) o ORDINANCES FOR 2ND READING Quasi -Judicial. l8J No Cit~~ EXECUTIVE SUMMARY: The 1975 Lena Gulch Master Drainage Plan is currently utilized in the regulation of flood plam matters along the reach of Lena Gulch through the City of Wheat Ridge. The 1975 plan was also utilized to identitY channel improvements which were constructed along a portion of Lena Gulch in 1986 Overall, many changes have occurred in the Lena Gulch drainage basin Slllce 1975, making the existing plan obsolete. Funding of a new Lena Gulch study was discussed and included m the 2006 budget at the September 17,2005 Budget Retreat. The proposed Lower Lena Gulch Major Drainageway Planning and Flood Hazard Area Delineation Project will update and replace the 1975 dralllage plan for the lower reach of Lena Gulch. The primary purpose of this new study is to provide accurate information concernmg the location of the flood plalll and tloodway for use in permitting private improvements, such as homes and businesses, along Lena Gulch. The new drainage plan will also provide recommended changes to the drainage channel to Improve flow characteristics and reduce flood potential. This proJect will be admimstered by Urban Drainage and Flood Control DistrIct (District), with participatIOn by the City as a local government agency. A standard agreement has been prepared by the District to address participation by the local agency m the proJect. The estimated cost of the study IS $160,000, with the Distnct financing 50% of the total proJect. The City's share of the project cost will be $80,000. Staff and the CIty Attorney have reviewed the project scope and agreement and recommend approval by the City Council. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: A new Lena Gulch master plan is needed to assIst in effectively managing the City flood plam regulations, as well as plannIng drainage improvements in this waterway. The proposed drainageway proJect consists of mapping, master planning and publIshed reports and project data. Specifically, this proJect will develop a drainageway master plan mcluding hydrologic mformation and the locations, alignments, and sizing of storm sewers, channels, detention/retention basins, and other facilities and appurtenances needed to provide efficient stormwater drainage along the gulch. The project will only focus m thc portion of Lena Gulch in Wheat Ridge, from Maplewood Grove Reservoir to the confluence WIth Clcar Creek. Urban Drainage will bcar half of the cost for the study, which is typIcal for master plannmg and capital proJects. AL TERNA TIVES CONSIDERED: No award and 2006 Lena Gulch Master Plan Update will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the Lena Gulch Study Update with Urban Drainage & Flood Control District (UD&FCD) line item of the 2006 Capital Improvement Program budget m the amount of $80,000.00 The $80,000 cost IS within the amount budgeted. RECOMMENDED MOTION: "I move to approve Resolution 13-2006 - A Resolution Approving an Agreement Regarding Funding of MaJor Drainageway Planning and Flood Hazard Area Delineation for Lower Lena Gulch." "I further move to authorize payment to the Urban Drainage and Flood Control District in the amount 01'$80,00000 " "1 further move that all costs associated with this contract be paid from account number 30-302-800- 841, and that these funds be encumbered for the length ofthe project in accordance with Ordinance #787,1989 SerIes." or, "I move to deny approval of Resolution 13-2006 - A Resolution Approving an Agreement Regarding Funding of Major Drainageway Planmng and Flood Hazard Area DelineatIOn for Lower Lena Gulch for the followmg reason(s) " Report Prepared by: Reviewed by' Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works Attachments: 1. Project Agreement with UD&FCD 2. 2006 CapItal Improvement Program DeSCrIption 3 Resolution 13-2006 060327 CAF I.ena Gulch Master Plan.doc AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEW A Y PLANNING AND FLOOD HAZARD AREA DELlNEA TION FOR LOWER LENA GULCH Agreement No. 06-01.22 THIS AGREEMENT, made this day of , 2006, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and CITY OF WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); (hereinafter DISTRICT and WHEAT RIDGE shall be collectively known as "PARTIES"), WITNESSETH THAT WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No 14, Series of 1970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures; and WHEREAS, DISTRICT has previously established a Work Program for 2006 (Resolution No 82, Series of 2005) which includes master planning; and WHEREAS, DISTRICT, in cooperation with Cities of Golden. Lakewood and Wheat Ridge and Jeffcrson County, in 1975 completed a master plan for Lena Gulch, and WHEREAS, DISTRICT, in cooperation with Cities of Golden and Lakewood and Jefferson County, in 1994 completed an update of the master plan for Upper Lena Gulch, and WHEREAS, PARTIES now desire to proceed With development of an updated drainageway master plan and a Flood Hazard Delineation report for Lower Lena Gulch (herem after called "PROJECT"), and WHEREAS, PARTIES desire to acquire mappmg needed to conduct the engineering studies for PROJECT, and WHEREAS, PARTIES desire to engage an engineer to render certain technical and professional advice and to compile information, evaluate, study, and recommend deSIgn solutions to such drainage problems for PROJECT which are in the best interest of PARTIES NOW, THEREFORE, in consideration of the mutual promises contained herem, PARTIES hereto agree as follows: SCOPE OF AGREEMENT This Agreement defines the responsibilities imd fmancia1 commitments of PARTIES with respect to PROJECT 2. PROJECT AREA DISTRICT shall engage an engineer and obtam mapping as needed tu perform or supply necessary servIces m connection WIth and respectmg the plarming of a drainageway master plan for the area and watershed shown on the attached Exhibit A dated January, 2006, (heremafter called "AREA") plan'rnpagnn\060 122 ATTACHMENT 1 3 SCOPE OF PROJECT The purpose of PROJECT is to develop a drainageway master plan including hydrologic information and the locations, alignments, and sizing of storn1 sewers, channels, detention/retention basins, and other facihtles and appurtenances needed to provide efficient stormwater drainage withm AREA. The proposed work shall include, but not be limited to, miOpping; eompl1ation of existing data, necessary field work; and development and consistent evaluation of all reasonable alternates so that the most feasible drainage and flood control master plan can be determined and justified for AREA. ConSIderation shall be given to costs, existing and proposed land use, existing and proposed drainage systems. known drainage or flooding problems, known or antIcipated erosIOn problems, stormwatcr quality, right-of-way needs, existing wetlands and riparian zones, open space and wildlife habitat benefits, and legal requirements. Conccptual alternate plans shall be developed such that comparison with other alternates can be made. Drainage system planning shall be done in two phases by the engincer engaged by DISTRICT, culminating in a drainageway master plan report. During the first phase, the sc1ected engineer shall perform all studies and data gathering needed to prepare an alternativcs evaluation rcport containing a brief PROJECT description, study history, schematics of alternatives developed, theIr costs. and a discussion of the pros and cons of each alternate. A single alternate will be selected by PARTIES after the review and evaluation of the alternatives evaluation report. During the second phase. the enginecr shall be directed to prepare a pre1immary design for the selected alternative, whIch shall be included in the final dramageway master plan report. 4 PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabllants of PARTIES and to theIr propcrty therem. 5 PROJECT COSTS PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of, and be limited to, mapping, master p1anrung, and related services and contingencies mutually agreeable to PARTIES Project costs are estimated not to exceed $160,000 6 FINANCIAL C()MMITMENT~QF PART1E~ PARTIES shall each contribute the following percentages and maximum amounts for PROJECT costs as defined m Paragraphs 5 DISTRICT WHEAT RIDGE Percentage ~h~~ 50 00% 5000% Maxlmum Contribution $80,000 $80,000 plan\mpagrml060 122 2 7. MANAGEMENT OF FINANCES Payment by DISTRICT of $80,000 and by WHEAT RIDGE of$80,000 shall be made to DISTRICT subsequent to execution ofthls Agreement and within thirty (30) calendar days of request for payment by DISTRICT The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTlES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to WHEAT RIDGE of any unpaid obligations. Any interest earned by the monies contributed by P ARTlES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT and wIll not require an amendment to this Agreement. In the event that it becomes necessary and advisable to change the scope of work to be performed, the need for such changes shall first be discussed with PARTIES, and their general concurrence received before issuance of any amendments or addenda. No changes shall be approved that increase the costs beyond the funds available in the PROJECT fund unless and until the additional funds needed are committed by PARTIES by an amendment to this Agreement. Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or dispersed, each party shall receive a share of such monies, which shares shall be computed as were the original shares. 8 PROJECT MAPPING Upon execution of this Agreement DISTRICT will solicit priced proposals for mapping services and engage the mapping firm submitting the lowest priced proposal that is also judged by DISTRICT to be responsible and quahfied to perform the work. DISTRICT reserves the right to reject any proposal and to waive any formal requirements during the evaluation of the proposals DISTRICT will administer the contract with the mappmg firm. The mapping services contracted by DISTRICT will provide for topographic mapping at a 2-foot contour mterval and a scale of I-inch = 100-feet. MASTER PLANNING 9 Upon execution of this Agreement. PARTIES shall select an engmeer mutually agreeable to PARTIES DISTRICT, with the approval of WHEAT RIDGE, shall contract with the selected engmeer and shall supervise and coordinate the plannmg for the development of alternates and of preliminary design. PUBLISHED REpORTS AND PRQ,J.ECT DATA ---.- 10 DISTRICT will provide to WHEAT RIDGE one copy of the draft alternatives evaluatIOn report, five copies ofthe final a1ternatJves evaluation report, 'Jne copy of a draft preluninary deSIgn report, and ten copies of the final preliminary design report. Upon completIOn of PROJECT, electrol1lc files of all mappmg, drawmgs, and hydrologic and hydraulic calculations developed by the engineer contracted for PROJECT shall be proVIded to WHEAT RIDGE if requesting such data. nl~n\mnf\pm1\Ofi()122 1 11 TERM OF THE AGREEMENT The term of this Agreement shall commence upon [mal executlOn by all PARTIES and shall terminate two years after the final master planning report is delivered to DISTRlCT and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 7 herein. 12. LIABILITY Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may msure against such possibilities as appropriate 13 RESPONSIBjUTlES OF WHEAT RIDGE WIllA T RIDGE agrees to designate and assign a PROJECT representative to act on Its behalf in all matters related to PROJECT. Said representative shaU coordinate all PROJECT-related issues between P ARTTES, shaU attend aU proe,'Tess meetings, and shall be responsible for providing aU available PROJECT ~related file information to the engineer upon request by DISTRICT. Said representative shall have the authority for aU approvals, authorizations, notices, or concurrences required under this Agreement with the exception of the authority to execute this Agreement or any amendments or addenda to this Agreement, unless specifically authorized to do so by WHEAT RIDGE. WHEAT RJDGE agrees to review aU draft reports and to provide comments within 21 calendar days after the draft reports have been proVIded by DISTRlCT to WHEAT RIDGE. WHEAT RIDGE also agree to evaluate the alternatIves presented in the alternatives evaluation report, to select an alternative, and to notify DISTRleT of their decislOU(s) within 60 calendar days after the alternatives evaluation report is provided to WHEAT RJDGE hy DISTRICT 14 REllPONJ:;IBlLlTlhS OF DISTRICT NotwIthstanding any ofthe provIsions of the Agreement, the Executive Director ofDISTRlCT, after coordination WIth WHEAT RJDGE, shall be the only individual authorized to direct or redirect the effort funded under tlus Agreement. DISTRICT may appoint a Project Director who shall represent the Executive Director in matters related to PROJECT DISTRICT shall be responsible for coordinating with WHEAT RIDGE the information developed by the various consult311ts hrred by DISTRlCT and for obtaining all conCUlTences from WHEAT RIDCJE needed to complete PROJECT ill a timely manner 15 AMENDMENT~ This Agreement contains all of the terms agreed upon by and among PARTIES Any amendments to thIS Agreement shall be in writmg and executed by PARTIES hereto to be valid and binding. 16 ~EVE.lZABnJrY If any dause or proVIsion herem contained shall be adjudged to be invalid or unenforceable by a court of competent Jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validIty of the Agreement as a whole and all other clauses or provlslOns shall be given full force and effect. DlanlmDagrm\060l22 4 17. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any and all legal actions arising under the Agreement shall lie in the Distnct Court in and for the County of Denver, State of Colorado. 18. ASSIGNABILlTY No party to thlS Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 19. BlNDJNG EF}'ECT The provisions ofthis Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 20 ENFORCEABILITY P ARIIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado 21. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) days written notice by any party to this Agreement, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon the cancellation of all contmgent, outstanding contracts. All costs aSSOCiated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions and subject to the maxunum amount of eae-h party's contributIOn as set forth herem. 22. tlQJ2ISCRThJIl'i6JTONJN EMPLQYMENT In connection wIth the performance of work under this Agreement, PARTIES agree not to refU';e to hire, dIscharge, promote or demote, or to discriminate in matters of compensatIOn agamst any person otherwise qualified on the baSIS of race, color, ancestry, creed, religIOn, natIOnal origm, gender, age, mihtary status, sexual orientation, mantal status, or physical or mental dlsabihty and further agre-l"o ,0 lllsert the foregomg proviSIOn m all subcontracts hereunder 23 APPROPRLA.Tl<.lNS NotwIthstanding any other term. condItIOn, or proviSIOn herem, each and every obligati~lu{ , WHEAT RIDGE and/or DISTRICT stated m this Agreement IS subject to the reqUIrement of a prior appropnahon of funds therefore by the appropriate govemmg body of each LOCAL SPONSOR and/or DISTRICT. 24 NO THIR12P ARTY BENEFICIARIES It IS expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be stnctly reserved to PARTIES, and nothing contained in tJllS Agreement shall give or allow any such claim or right of action by any other or thrrd person on such Agreement. It is the express intention of PAR TlES planUilpagnnl060122 5 that any person or party other than any WHEAT RIDGE or DISTRICT receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatures as of the date and year above \vritten URBA1\J DRAJNAGE AND FLOOD CONTROL DISTRICT (SEAL) By ATTEST Title Executive DirectQI Date CITY OF WHEAT RIDGE (SEAL) By ATTEST Title Date APPROVED' plan\01pagrm\060 122 6 EXHIBIT lENA GULCH (LOWER) 2005 UPDATE AND flOOD HAZARD AREA DELINEATiON January 2006 Capita/Investment Program ~ DPW DRAINAGE 1. Lena Gulch Study Update 2006 Budget: $80,000 Description: The eXisting 1975 Lena Gulch f100dplain study will be updated to ret1ect changes that have occurred along Lena Gulch that may impact t100d t1ows. Justification: The study currently used in Wheat Ridge was written in 1975 A major map revisIOn was completed in 1986 after completion of an Improvement project along the drainageway The Urban Drainage and Flood Control District has agreed to update the t100d plan studies along Lena Gulch to incorporate changes that have occurred along the stream. The City will provide 50% matchmg funds for the project. DPW STREETS 1. Minor Street Improvement Projects 2006 Budget: $360,000 Description: ThiS budget line item reserves funds for improvement of27'h Avenue, 28th Avenue and Upham Court west of Teller Street, along with improvement of33rd Avenue between Fenton Street and Depew Street. Justification: The streets have been determined to have serIously deteriorated pavements with significantly poor subgrades to warrant total pavement reconstruction. 2. Hotel/motel District Pedestrian Improvements 2006 Budget: $200,000 Description: Pedestrian lighting will be constructed on the north side ofthe South 1-70 Frontage Road west of Kipling Street, on the south side of the South 1-70 Frontage Road from the Comfort Inn to Miller Street and along Kipling Street from the South Frontage Road to the 1-70 ramps. This project will be financed with Hotel/Motel tax funds and is the third m a multi-year program. Justification: The pedestrIan lighting will be completed along Kipling Street and the South 1- 70 Frontage Road withm this portIOn of the Hotel/Motel district. 198 ATTACHMENT 2 CITY OF WHEAT RIDGE, COLORADO RESOLUTION 13 Series of 2006 TITLE: A RESOLUTION APPROVING AN AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING UPDATE AND FLOOD HAZARD AREA DELINEATION FOR LENA GULCH, ALONG WITH APPROVING EXPENDITURE OF FUNDS IN THE AMOUNT OF $80,000 FOR THE PROJECT WHEREAS, a standard agreement between Urban Drainage and Flood Control District, Adams County, City of Wheat Ridge, Jefferson County, City and County of Denver and City of Golden has been prepared regarding funding of Major Drainageway Planning Update and Flood Hazard Area Delineation for Clear Creek, and WHEREAS, the estimated cost of the study is $160,000, with the District financing 50% of the total project; and WHEREAS, the City of Wheat Ridge is responsible for financing 50% of the total project, and, WHEREAS, the City's share of the project will be $80,000, and NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Aqreement Approved The Agreement Regarding Funding of Major Drainageway Planning Update and Flood Hazard Area Delineation for Lena Gulch be approved Section 2. Expenditure Approved The expenditure of not to exceed $80,000 is hereby approved from CIP account #30-302-800-841, for the purpose of the Major Drainageway Planning Update and Flood Hazard Area Delineation for Lena gulch. Section 3. Effective Date This Resolution shall be effective immediately upon adoption DONE AND RESOLVED this day of ,2006 Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk ATTACHMENT 3 ITEM NO' ~l C, REQUEST FOR CITY COUNCIL ACTION '/$~' ooo~~IU COUNCIL MEETING DATE: March 27, 2006 TITLE: RESOLUTION 14-2006 - A RESOLUTION APPROVING AN INTERGOVERNMENT AL AGREEMENT FOR THE DESIGNATED EMERGENCY RESPONSE AUTHORITY FOR THE CITY OF WHEAT RIDGE o PUBLIC HEARING o BIDS/MOTIONS r8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial k8J Yes o No vv{~ ennan, Chief of Police Clty~11 EXECUTIVE SUMMARY: Colorado Revised Statutes 29-22-101 through 29-22-110 calls for the deSignation of Emergency Response AuthOrIties, commonly called the Designated Emergency Response Authority (DERA), for hazardous substance incidents. These authorities are required to provide and maintain a capability for emergency response to hazardous substance mcidents either directly or through mutual aid or other agreements. C.R.S. 29-22-102(3) (a) requires the governmg body of every town, City, and county to designate by ordinance or resolutIon an Emergency Response Authority This statute also designates the fire authOrIty having responsibility for the corporate limits of such town, city or county as the Emergency Response Authority unless otherwise designated. The City of Wheat Ridge IS served by four independent fire protection districts: the Wheat Ridge Fire Protection District, the Arvada Fire Protection District, the West Metro Fire Protection Distnct, and the fairmount fire Protection District. By state statute each of these entities is the default DERA tor HAZMA T mCldents that occur within their boundaries because no agreement, ordinance or resolution exists that designates another agency as the DERA. Recent events and a review of the department's Emergency Management Plan pointed out the need for the City of Wheat Ridge to clarity what agency or agencies shall be the DeSignated Emergency Response Authority tor specific areas in Wheat Ridge and define the role and responsibilities for each responding agency It was important that an Intergovernmental Agreement (IGA) be written that designated roles and responsibilities for all first responders (PolIce, Fire, EMS, and PublIc Works) to a hazardous materIals inCident. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: WhIle the inCIdents of hazardous substances responses have been minimal, the potential for a hazardous substance incident in Wheat Ridge is rather high considerIng the transportation corridors located throughout the City. These corridors mclude Interstate 70 and a rail line near the northern border of the City Additionally, there are other types of businesses (publIc storage facIlities, mdustrial and recycling sites, gas stations, etc ) located throughout the City. Incidents in other cities have shown that these types of businesses can be sources for umntentional and intentional hazardous materIal spills, or used as places for the illegal storage or abandonment of hazardous substances. In 2005, there were two hazardous materIal spIlls that occurred withm the City These mcidents pomted out the need for: . ASSIgning the responsibility of the Designated Emergency Responding Authority through an IGA, ordinance or resolution. . Determimng the roles and responsiblitles of tirst responders (Police, Fire, EMS and Public Works) through an IGA. . Having a governmental entity with the authority to encumber funds for a clean-up and providing a mechanism for the agency or agencies to make cost recovery efforts for incidents occurrmg in the City of Wheat Ridge. To date, most of the mCldents involvmg hazardous material spills in Wheat RIdge have involved transportation accidents or incidents where the responsible person for the substance was a known reputable business that met their legal responsibilities by paymg for the costs of the emergency response, subsequent remediation and clean-up In these incidents the Police Department has acted as the de facto DERA. ALTERNATIVES CONSIDERED: The following alternatives were considered. Alternative 1: Do nothing and maintain the current status with each different tire district being the DeSIgnated Emergency Response Authority for their area. State statute makes the tire districts the DERA by default without a need for action by the City. However, some form of IGA or MOD would likely be required to clarify this with the respective tire districts, as well as specifYing roles and responsibilities for first responders. This IS not considered a viable alternative because of its potential negative impact on the community when considering that none of the Fire DistrIcts have a mechamsm for the City to assist in cost recovery efforts; at least three of the four Fire Districts do not have money budgeted to pay for the clean-up of hazardous substance events or sites; and the Fire DistrIcts have fewer resources and less familiarity in pursuing cost recovery efforts from responsible persons or property owners than the City Alternative 2: The Fire Districts would be the designated DERA for their respective areas retammg all of the statutory duties of the DERA and the City would assume responsibility for remediation and cost recovery efforts. This optIOn has all the advantages of Alternative 1 and provides a better mechanism for the Fire Districts to pursue cost recovery efforts. The Fire DistrIcts would retain responsibility for the administrative and reporting functions ofthe DERA. The Police Department would designate one or more persons to coordinate with the Fire Districts on such events. At times it wlll be necessary to encumber City funds to order the immediate clean-up of hazardous substances incidents and pursue cost recovery efforts later. ThiS may potentially impact other City functions, such as the City Attorney and budget, and may reqUIre the City to seck or place liens on property for cost recovery purposes. Alternative 3. The Wheat Ridge Police Department would serve as the DERA for the City of Wheat Ridge. This is not considered a viable option for the City because the Police Department does not the personnel resources or traming to assume these duties. The Police Department recommends Alternative 2 as a reasonable option. Representatives from the Fire Districts and PolIce Department have met to discuss the responsibilities and roles of each agency pertaining to DERA and determined that the best option for our community would be to designate the Fire Districts as the DERA for their respective areas and for the City to assume responsibility for cost recovery efforts and contractor costs. FINANCIAL IMPACT: The financial Impact for the recommended alternative is dependent on several factors that include the type of incident; the severity of the spill, and the costs for clean-up and storage of any hazardous material. In most situations the City would be able to recover costs associated from any inCident from the person responsible or the owner of the property the spill occurred on. The City could be responsible for costs when the person responsible could not be determined or found. In the past the Police Department had budgeted dollars for hazardous material clean-up and disposal. These funds were removed from the budget in 2005 because the dollars were rarely being spent on hazardous matenal remediation efforts. In 2005, the City spent $6,279 for the clean-up, disposal and testing of hazardous materials illegally dumped at a park through a supplemental budget request. In cases involving a hazardous materIal spill the Police Department Will encumber dollars for the clean- up and then request a budget supplemental when final costs become known. RECOMMENDED MOTION: "I move to approve Resolution 14-2006 - A Resolution Approving the Intergovernmental Agreement for the Designated Emergency Response Authority for the City of Wheat Ridge." or, "I move to deny approval of Resolution 14-2006 - A Resolution Approving the Intergovernmental Agreement for the Designated Emergency Response Authority for the City of Wheat Ridge for the followingreason(s) " Report Prepared by: ReViewed by' Daniel G. Brennan, Chief of Police Patrick Goff, Deputy City Manager Attachments: 1 Memorandum dated 10/1 0/05 2. Staff Report dated March 15, 2006 3. DERA Intergovernmental Agreement 4. Resolution 14-2006 060327 Council Action Form DERA Designation.doc WHEATRIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Gretchen Cerveny and City Council FROM: Daniel G Brennan, Chief of Police 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 Authorities, commonly called the Designated Emergencv Response Authority (DERA). for hazardous substance Incidents. These authorities are required to provide and maintain a capability for emergency response to hazardous substance incidents either directly or rhrough mutual aid or other agreements. These Emergency Response AuthorIties are authorized by statute to request assistance from other public or private entities and are granted the right to claIm reimbursement from the person(s) responsible for the hazardous substance Involved at such Incidents. Generally, the "owner" of the hazardous substance IS responsible for all costs. \X/here the owner of the substance is unknown (such as in an illegal dumping of hazardous waste) the property owner is responsible. The Emergency Response Authority can also order and begin the clean-up and remediation of a hazardous substance inCident in the interest of public safety CR.S. 29-22-102(3) (a) requires the governing body of every town, CIty, and county to desIgnate by ordinance or resolution an Emergency Respunse Authority ThIS statute also desIgnates the fire authority having responsibility for the corporate limits of such town, city or county as thc Emergency Response Authority unless otherwise designated. In ul11ncorporated areas the Sheriffs Department is designated as the Emergency Response Authoriry unless designated otherwise. The City of Wheat Ridge is served today by four independent fire protection districts: the Wheat Ridge Fire Protection DistrIct. the Arvada Fire Protection District, the \'Vest Metro Fire Protection District. and the [airmont rire Protection Distnct. By state statute each of these entities IS the DERA for HAl:MAT inCIdents that occur within their boundaries because no agreement exists that deSIgnates another agency as the DERA. Recent events have illustrated the need for the City of \Xl1eat Ridge to clarify what agency or agencies shall be the Designated Emergency Response Authority for Wneat Ridge. In addition, it IS important that an Inter-Governmental Agreement be written that designates roles and responsibilities for the first responders (Police. Fire, EJ\1S, anJ Puhhc \X'orks). OVERVIEW The potential for a hazardous suhstance incident in \'{Theat Ridge is rather hIgh, due to the transportation corridors located throughout the City, particularly Interstate 7(J Further, a rail line that often transports hazardous substances runs along or near the northern border of the City In ATTACHMENT 1 addItion, the Citv has several pubhc storage facilities. Incidents In other cIties have shown that these facilItIes can and often arc used as places for the illegal storage or abandonment of hazardous substances. Although the potentIal IS high for a hazardous materIal incident, \\neat Ridge has experienced relatively few hazardous substance inCIdents to date. l\lost inCIdents have involved transportation aCCIdents or Incidents where the responsible person for the substance was a known reputable bUSIness that met their legal responsibihtles and paid for the costs of the emergency responsc and subseyucnt remediation and clean-up. In these incidcnts the Pohce Depattment has often acted as thc de facto DERA. HAZl'vI.AT inCIdents present unique challenges and dangers that should be handled by professionally traIned first responders. Three of the four fire distrIcts serving the City of \\neat Ridge partICIpate In the Adams/Jefferson County Hazardous Materials Response Team (i.e. have members that are trained as llazardous Materials Technician and train with and respond as memhers of the team) The \Xneat Ridge Police Department also participates as a member of thIS response team. Of these four fire districts only one, the Arvada Fire Protection District, is acting as DERA for a municipality (the City of Arvada) by agreement. There were two hazardous substance events that occurred this year WIthin the r:ity that point not only to the need of deSIgnating who the Designated Emergency Responding Authority should be but also the importance of determining the roles and responsiblities of first responders. In one event six barrels of hazardous wasted were illegally abandoned at one of the access points of the \'Vneat Ridge Greenbelt. In another incident a large quantity of diesel fuel was spilled on the Interstate by a business that clId not meet theIr legal responsihilities for cleanup and the incident. In the first incident the Citv of \'V'heat Ridge absorbed the cost of the clean-up as the inCIdent effectively occurred on City property In thc other incident the clean up was delayed for a number of days. The Arvada Fire Department, the de facto DERA for this incident, did not and docs not have the authorIty to encumber funds for a clean-up, nor is there a mechal1lsm for the agency to make cost recovery efforts for inCIdents in the City of Wneat RIdge. Ultimately the Colorado Department of Transportation as the "owner" of the Interstate was reYUlred to pay an environmental contractor for the clean-up and initiate legal action agall1st the responsible person. In a survey of surrounding agencies the department found that the City of Arvada had initially deSIgnated their Emergency Preparedness Coordinator to act as the DERA for the city They later passed a resolution transferring this authOrIty and desii,'11atll1g the Arvada rire Protect!r1l1 DIstrict to act as DERA. f1owever, the City reLuned primary responsibility for cost rc:co\ery eH,ms and kept responsibilIty for costs that could not be recovered and for costs assOCIated with c:xternal sc:rvlce pruvidc:rs, such as c:nvironmental clean-up contractors. The City of Arvada and Arvada Fire ProtectIon DistrIct have a Memorandum of LTnderstandll1g detailing this relatH)!1ship. raced with the SImilar cIrcumstance of being served by multiple Fire Districts, the City of Lakewood 1l11tIally designated theIr police department to be the DERA. Later, Lakewood created an Environmental Services Manager within theIr Public \'V'orks Departmc:nt and transferred DERA responsibilitIes to this function. The department has an IGA with ItS rire DIstrIcts that outlines duties, roles and responsibilities of each Erst responder. The Pohce Chief has also mc:t with the rire ChIefs from each rire District serving the \\neat Ridge area. The n1aJority arc In favor of the City assuming the role of bell1g the DERi\, especially from a cost recovery pnspective, and the development of an IGA that defines duties, roles and responsibihtIes. ALTERNATIVES ()ptlOn I The City could designate the different fire distrIcts as being the Emergency Response Authonty for those areas that they have tIre protection responsibihtIes. State statute makLs the tIre dIstricts the DERA hy default without a need for action hI' the City However, some form of IGA or MOU would likcly~ be reYUlreJ to clanfy thIs WIth the respectlVe fire districts. Three of the four fire distncts servlOg the City of\Vheat Ridge particIpate with the Adams/Jefferson Hazardous Materials Response Team. Fire DIstrict personnel are all tralOed to some degree 10 hazarJous materials response and would be responding to such IOcidents within their respective Jurisdictions regardless of the agency or agenCIes chosen as the DERA. None of the Fire Distncts servlOg \X'heat Ridge have the authonty to encumber City funds nor do they have a mechanIsm for the City to assIst 10 cost recovery efforts. At least three of the four Fire Districts do not have any money hudgeted to pay for the clean-up of hazardous substance events or sItes 10 Wheat Ridge. None of the Fire Distncts has responsibility for the whole corporate area of the City At least three of the four Fire Dlstncts have indicated that they do not want nor do they feel comfortable with acting as the DERA warun the City of \Xlheat Ridge. The Fire Distncts have fewer resources anJ less familianty 10 pursuing cost recovery efforts from responsible persons or property owners. OptIOn 2. The City of \X'heat Ridge could designate the Fire DIstricts as the DERA for their respective areas but retalO responsibility for cost recovery efforts and contractor costs. This option has all the advantages of Option 1 and provides a better mechanism for the Fire Districts to pursue cost recovery efforts. The Fire Districts would retain responsibi!..tty for the admInistrative and reporting functions of the DERA ThIS option would reyuire the City to designate one or more persons to coordinate with the Fire Districts on such events. At times it will be necessary to encumber City funds to order the immediate clean-up of hazardous substances incidents and pursue cost recovery efforts later This may potentially impact other City functions, such as the City Attorney, and may reyuire the Lity to seek or place liens on property for cost recovery purposes. The respective duties and responsibilitIes of the Police Department and fire dIstncts at such IOcidents would need to be clarified through and IGA or MOLT Option 3 The City of\X'heat Ridge could deSIgnate the \X'heat Ridge Police Department as the DERA for the City of \X'heat Ridge. The duties of the DERA are primarily administrative in nature. There is no need for the City to equIp or traIn a hazardous matenals team since the City already is a member of the Adams/Jefferson Hazardous Materials Response Team. Further, the local Fire Districts automatically respond to such events 10 theIr respective Jurisdictions. The \X'heat Ridge Police Department already responds to such Incidents as well. The \X'heat Ridge Police Department is already responsible for any criminal investigation or follow-up at such inCIdents. The department has authority and responsibility for all areas wah1l1 the corporate !..tmlts of the City The City of \X11eat fudge has ,.,'Tcater access to funJing and cost recovery resources than the Fire Districts. TIlL City of \X'heat Ridge is already responsible for the clean-up of incidents occurnng on City properties where the owner of the substance is unknown or cannot be determined and has a vested interest (as great as or greater than the Fire Districts) in the proper response and resolution of such inCIdents. The Police Department already has one officer participating with the HAZMA l' Authority and is in the process of selecting and trainIng other oHicers to participate in the Hazardous Matenals Team. The Coordinator of the Adams/Jefferson llazardous Materials Team has stated his willingness to assIst us in properly meeting the DERA responsibilities. OptIOn 3 would reqUlre an ordInance or resolution by the City Council to make such deSIgnation. The respective duties and responsibi!..ttIes of the Police Department and fire dIstricts at such inCIdents would need to be clarified through and IGA or MOLT The Police Department will need to identify, traIn, and maintaIn officers competent to perform the duties reyuired of the DERA. Though likely to be infrequent, these dutIes will peri"dieally take precedence uver other duties and may temporarily Impact other police functIOns. At times it will be necessary to encumber or dedicate City funds to order the immedIate clean-up of hazardous substances Incidents and pursue cost recovery efforts latet This may potentIally Impact other City functions, such as the Cin' Attorney, and may require the City to seek or place liens on property for cost recovery purposes. In some cases, there may be no cost recovery If an owner cannot he located. Regardless of what agency or agencies are deSignated as the Designated Emergency Response Authontv, close coordination with the City will be regUlred. Even if the Fire Dlstncts are gIven thIs responsibilIty, practical Issues regarding cost recovery and the payment of contractors will likely require the involvement of the City and the use of City funds to resolve such 1Ocidents. RECOMMENDATION Tbe need for a coordinated and thorough response to hazardous substance incidents cannot he overstated. The City of Wheat Ridge has a vested interest 10 ensuring that such incidents are handled properly The City is tbe only unit of government that has authority and responsibility for the City as a whole. The City of\X'heat fudge contributes to the Adams/Jefferson County Hazardous Materials Authonty Further, the Police Department has one, and is in the process of recruiting more officers with technical expertise regarding hazardous materials 1Oodenrs. It is recommended that the City of\X'heat Ridge designate the Wheat Ridge Police Department as the DeSIgnated Emergency Response Authority through ordinance or resolution and to initiate the process of developing Inter-governmental Agreements to this effect. WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Jerry DiTullio and City Council VIA: Randy Young, City Manager FROM: Daniel Brennan, Police Chief DATE: March 15,2006 SUBJECT: Staff Report on Designated Emergency Response Authority In a memorandum dated October 10, 2005, the department provided an overview to City Council on the subject of Designated Emergency Response Authority (DERA) in the City of Wheat Ridge. I have attached a copy of the previous memorandum for your review The City of Wheat Ridge is served by four independent fire protection districts: the Wheat Ridge Fire Protection District, the Arvada Fire Protection District, the West Metro Fire Protection District, and the Fairmount Fire Protection District. By state statute each of these entities is the default DERA for HAZMAT incidents that occur within their boundaries because no agreement exists that designates another agency as the DERA. Recent events and a review of the department's Emergency Management Plan pointed out the need for the City of Wheat Ridge to clarify what agency or agencies shall be the Designated Emergency Response Authority for specific areas in Wheat Ridge and define the role and responsibilities for each responding agency It was important that an Inter-Governmental Agreement (IGA) be written that designated roles and responsibilities for all first responders (Police, Fire, EMS, and Public Works) to a HAZMA T incident. At City Council's direction, staff from the Police Department and the City Attorney met with officials from each of these fire protection districts to develop an IGA pertaining to DERA responSibilities and roles for fire and police response A copy of the IGA is attached for your review While the incidents of hazardous substances responses have been minimal the potential for a hazardous substance incident in Wheat Ridge is rather high considering the transportation corridors located throughout the City These corridors include Interstate 70 and a rail line near the northern border of the City Additionally, there are several ATTACHMENT 2 public storage facilities located throughout the City and incidents in other cities have shown that public storage facilities can and often are used as places for the illegal storage or abandonment of hazardous substances Representatives from the fire departments and police department have met to discuss the responsibilities and roles of each agency pertaining to DERA. The departments reviewed the available alternatives (see memorandum from October 10, 2005) and determined that the best option for our community would be to designate the Fire Districts as the DERA for their respective areas and for the City to retain responsibility for cost recovery efforts and contractor costs. This option provides a more efficient mechanism for the Fire Districts and the City to pursue cost recovery efforts by coordinating all recovery efforts through the City The Fire Districts would retain responsibility for the administrative and reporting functions of the DERA. This plan requires the City to designate a person(s) to coordinate activities with the Fire Districts at any hazardous material incidents. At times it will be necessary to encumber City funds to order the immediate clean-up of hazardous substance incidents and pursue cost recovery efforts later This may potentially impact other City functions, such as the City Attorney, and may require the City to seek or place liens on property for cost recovery purposes. Specific roles and responsibilities for each agency are addressed in the IGA. Finally, the IGA recognizes current emergency response protocols as required by the National Incident Management System. The Wheat Ridge Fire Department, Fairmount Fire Department and Arvada Fire Department have taken this IGA to their respective boards and approved the IGA. The West Metro Fire Department will review this IGA with their board on March 22, 2006. In closing, it is important that the City have both a plan and agreement with each fire protection district serving the community of Wheat Ridge that provides for a coordinated and thorough response to hazardous substance incidents that ensures these incidents are handled properly This IGA puts in place the mechanisms necessary for each agency to effectively respond to incidents involving hazardous materials. Should you have any questions please do not hesitate in calling me with them. DGB Attachments cc: Command Staff Sergeant Fred Bright Intergovernmental Agreement This Agreement is entered into this day of , 2006 by and between the City of Wheat Ridge, the Wheat Ridge Fire Protection District, the Arvada Fire Protection Distnct, the W cst Metro Fire Protection District, and the Fairmount Fire Protection District, all of whom are political subdivisions of the State of Colorado. WHERAS, the Wheat Ridge Fire Protection DistrIct, the Arvada Fire Protection District, the West Metro Fire Protection DistrIct, and the Fairmount Fire Protection District (collectively, the "Fire DistrIcts") each have the authorIty to operate within the corporate boundaries of the City of Wheat Ridge (referred to as "The City" hereafter), and, WHEREAS, the Colorado General Assembly adopted C R.S. 29-22-101, et seq., regarding state and local governments response to hazardous substance inCidents in Colorado, and, WHEREAS, C.R.S. 29-22-101, et seq., specifically requires local umts of government to designate an "Emergency Response Authority" in each local government jurisdictIOn, and provides statutory authority for cooperation among vanous political subdivisIOns in order to establish and maintain close working relatiOnships among those agencies dealmg with hazardous substance incidents; and, WHERAS, Part 2, of Article I, of Title 29, C.R.S encourages and authorizes agreements of this nature, and, WHERAS, pursuant to Section 29-22-102(3 )(a), C.R.S., the Fire Protection Districts having jurisdiction within the corporate boundaries of the City of Wheat Ridge have been designated the Emergency Response Authority for hazardous substance mcidents occurrmg within their respective jUrIsdictions within the City of Wheat Ridge; and, WHERAS, the City of Wheat Ridge, the Wheat Ridge Fire Protection District, the Arvada Fire ProtectIOn District, the West Metro Fire Protection District, and the Fairmount Fire Protection District further realize the need to share resources and expertise in the event of a hazardous substance inCident, and that to effectively counteract the potential impact of hazardous substances a coordinated response capability is essential; and, WHERAS, the City of Wheat Ridge, the Wheat Ridge Fire Protection District, the Arvada Fire Protection Distnct, the West Metro Fire Protection District, and the Fainnount Fire ProtectIon DistrIct agree that remediatIOn and cost-recovery activities are best coordmated by the City of Wheat Ridge. NOW THEREFORE, IT IS HEREBY AGREED by the City of Wheat Ridge, the Wheat Ridge Fire Protection District, the Arvada Fire Protection District, the West Metro Fire Protection District, and the Fairmount Fire Protection District that their respective duties and responsibilities m the event of a hazardous substance incident occurring within the city limits of Wheat Ridge, Colorado, are as follows. ATTACHMENT 3 I. Command A. The Fire District having responsibilIty shall act as Incident Commander. B Command shall be establIshed and maintained throughout the inctdent. Unitied command shall be activated as appropriate. C Incident Command ("IC") shall mean the actIvation of an Incident Management System in compliance with the National Incident Management System and / or OSHA requirements (29CFR 1910.120) for hazardous materials events. II. Responsibilities of the Wheat Ridge Police Department A. Notify response and support agencies. B. Secure the area and restrIct access. C Establish a command post and establIsh Incident Command, if necessary. Transfer command to the Fire District havmg Jurisdiction upon their arrival on scene. Participate in Unified Command, as approprIate. D EstablIsh a Liaison With the Incident Commander. E. Provide perimeter, traffic, and crowd control. F Evacuate area, if reqUired. G Act as the primary contact for additional equipment and supplies from or through The City of Wheat Ridge. H. Coordinate with IC regarding all activities related to the news media. I. Initiate the primary report of investigation as to the cause of the incident and the resulting actions taken by all on-scene agencies in cooperation with the Fire DistrIcts involved. J Activate the City of Wheat Ridge Emergency Operations Center if the situation so dictates. K. Coordinate remediation activities. L. Coordinate incident follow-up to ensure site safety within 72-hours of the incident. M. Conduct a review of the hazardous materials response operations within one week of the mcident. N ImtIate through the City of Wheat Ridge the blllmg and reimbursement process for costs associated with the incident in accordance to C.R.S. 29-22-104, C R.S 29-22-105, and all other applicable statutes. III. Responsibilities of the Wheat Ridge Fire Protection District, Arvada Fire Protection District, West Metro Fire Protection District, and Fairmount Fire Protection District. Each Fire District shall bear the following responsibilities if the incident occurs Within its district: A. Establish Incident command and establish a command post; provide for the termination or transfer of command responsibility upon incident stabilization. Participate in and support Unified Command as approprIate. B. Assist with the notification of response and support agencies. C. Provide mitial incident assessment and hazardous materials "operations" level response. D Initiate response from the Adams! Jefferson Hazardous Materials Response Team If required; conduct "technician" level response as appropriate based on the mcident and available resources. E. Provide for the safety of responders and citizens to the best of their abilIty. F Isolate the affected area and establish appropriate control zones. G. Conduct search and rescue operations. H. Provide medical services, including the establishment of a trIage area. I. Establish and control a staging area. J Establish a decontamination area. K. Notify the City of Wheat Ridge of receipt of any notice of suit arising out of a hazardous materials incident. L. Forward to the City of Wheat Ridge, within 30 days of the mcident, an Itemized listing of the costs associated with the fire protection district's response to the incident. M. Complete a report detailing the cause of the incident and documenting the decisions and actions taken in regards to the mcident. N. Assist with incident follow-up to ensure site safety within 72-hours of the incident. O. Conduct a review of the hazardous materials response operations within one week of the inctdent. IV. Cost Recovery Protocol A. During the initial response to a hazardous materials incident, Fire District personnel respondmg to an mcident within the City of Wheat Ridge will make reasonable efforts to identify the generator of the hazardous material. If the generator is unknown, Fire District personnel will make reasonable efforts to determine the owner of the affected property If such identification can not be done dUrIng the initial response, it is the responsibilIty of the City of Wheat Ridge and/or the Wheat Ridge PolIce Department to make this identification and conduct any required follow-up investigation. B When proViding hazardous materials response in the City of Wheat Ridge, the Fire District will accurately record the costs incurred as necessitated by the response and mitigation of the incident. These costs should include reasonable and customary costs for personnel, eqUIpment, materials, and other costs that may be associated with an external service provider mitigating the incident or disposing of the hazardous material. C In those instances where the cost of response, mitigation, and clean up can be recovered from the generator or property owner (If generator unknown), the City will use all legal means available to recover those costs. Upon cost recovery the City shall reimburse the Fire District for its itemized costs related to the incident including personnel, equipment, and matenals. D. For mcidents that occur on City-owned property, the City shall be responsible for any costs associated With any external service proVider or contractor reqUIred to remediate the site and legally dispose of the hazardous material. E. In those mstances where the cost of response and mitigation cannot be recovered, the City will be responsible for any costs associated with the use of an external service proVider or contractor, but not for any costs mcurred by the Fire District. F The Fire DistrIct Will assist the City in cost recovery efforts whenever and however possible by providing the City any information the Fire District has regarding the identity of the generator of the hazardous material or the owner of the affected property The actual billing and recovery efforts shall be the responsibility of the City of Wheat Ridge. V. Civil Liability The cIvil liabilIty of any party to this Agreement, resultmg from a hazardous substance mcident, shall be limited as provided m Section 29-22-109 C .R.S and Article 10 of Title 24, C.R.S. VI. Termmation of Agreement This Agreement shall become effective as to each party when executed by the party and shall remain operative and effective between each and every party, until participatIon in this Agreement is terminated by the party upon ninety (90) days written notice to all other parties. Upon termination by one or more of the parties of its participation in this Agreement, the maJority of the remaining parties shall determine whether this Agreement shall remain effectIve between the other parties thereto VII. Amendment of Agreement This Agreement may be amended by the parties from time to time; any amendment shall be in writing and executed by all the parties hereto VIII. Sevcrability Clause If any provIsion of the Agreement or the application hereof to any party or circumstance IS held invalid, such invalidity shall not affect the other provisions or applicatIons of the agreement whIch can be gIven effect without the invalid provision m application and, to thIS end, the provisions of the Agreement are declared to be severable. IX. Additional Aid The Wheat Ridge Police Department and the Fire Protection DistrIct havmg jurisdiction over the hazardous materials incident may request additional aId from other governmental agencies per the provisIOns ofC.R.S 29-5-101, et. seq. X. Compliance wIth Tabor Nothing m this Agreement creates any multI-year financial obligation of any Party. The oblIgations of each Party hereto are subject to annual appropriation. IN WITNESS WHEREOF, this agreement has been executed and approved and 1S effective and operative as to each of the parties as herem provided. ATTEST BY' Pam Anderson, Wheat Ridge City Clerk By' Mayor Jerry DiTullio APPROVED' Wheat Ridge Chief of Police Wheat Ridge Fire Protection Distnct Arvada Fire Protection District West Metro Fire Protection District Pairmount Fire ProtectIOn District CITY OF WHEAT RIDGE, COLORADO RESOLUTION 14 Series of 2006 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE DESIGNATED EMERGENCY RESPONSE AUTHORITY FOR THE CITY OF WHEAT RIDGE WHEREAS, An Intergovernmental Agreement by and between the City of Wheat Ridge, the Wheat Ridge Fire ProtectIon District, the Arvada Fire Protection District, the West Metro Fife Protection District, and the Fairmount Fire Protection Distnct, all of whom are political subdivisIOns of the State of Colorado has been prepared for the Designated Emergency Response Authority for the City of Wheat Ridge WHERAS, the Wheat Ridge Fire ProtectIon Dlstnct, the Arvada Fire Protection District, the West Metro Fire ProtectIon District, and the Fairmount Fire ProtectIOn Dlstnct (collectively, the "Fire Districts") each have the authonty to operate wlthm the corporate boundaries of the City of Wheat Ridge (referred to as "The City" hereafter); and, WHEREAS, the Colorado General Assembly adopted C.R.S 29-22-101, et seq., regarding state and local governments response to hazardous substance incidents in Colorado; and, WHEREAS, C.R.S 29-22-101, et seq., specifically requires local units of government to designate an "Emergency Response Authority" in each local government Jurisdiction, and provides statutory authority for cooperatIOn among vanous political subdiVisions in order to establish and mamtam close working relatIOnships among those agencies dealmg With hazardous substance mcidents, and, WHERAS, Part 2, of Article 1, of Title 29, eR.S. encourages and authonzes agreements of this nature; and, WHERAS, pursuant to Section 29-22-102(3)(a), C.R.S, the Fire Protection Districts havmg jurisdictIOn within the corporate boundaries of the City of Wheat Ridge have been designated the Emergency Response Authority for hazardous substance incidents occurring within their respective jurisdictions Within the City of Wheat Ridge; and, WHERAS, the City of Wheat Ridge, the Wheat Ridge Fire Protection District, the Arvada Fire Protection District, the West Metro Fire Protection District, and the Fainnount Fire ProtectIOn District further realize the need to share resources and expertise in the event of a hazardous substance incident, and that to effectively counteract the potential impact of hazardous substances a coordinated response capability is essential; and, ATTACHMENT 4 WHERAS, the City of Wheat Ridge, the Wheat Ridge Fire Protection Dlstnct, the Arvada Fire ProtectIOn District the West Metro Fire Protection District, and the Falrmount Fire Protection District agree that remediation and cost-recovery activities are best coordinated by the City of Wheat Ridge. NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Intergovernmental Agreement for the Designated Emergency Response Authonty for the City of Wheat Ridge be approved. DONE AND RESOLVED this day of ,2006 Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk ITEM NO: J Il REQUEST FOR CITY COUNCIL ACTION ~$~ I npJ COUNCIL MEETING DATE. March 27, 2006 TITLE: RESOLUTION 15-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIA TION IN THE AMOUNT OF $5,000.00 FOR CONTRIBUTION TO THE 2006 WHEAT RIDGE CARNATION FESTIVAL o PUBLIC HEARING o BIDS/MOTIONS [8J RESOLUTIONS o ORDINANCES FOR lST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial' o Yes ~ No Cit~~ EXECUTIVE SUMMARY: The Profit/Loss Report for the 2005 Wheat Ridge CarnatIon Festival was discussed at the March 20, 2006 City Council Study Session. The Profit/Loss statement for the 2005 Festival shows a loss of $9,487 11. The City currently budgets a $5,000.00 contribution to the Carnation Festival In addition to the $5,000.00 contribution, the City is responsible for other direct costs associated with the Festival including staff overtime for Parks, Public Works and Police, parks matenals and rental fees for barricades. In additIOn to direct costs, in-kind contributions are made through Parks and Public Works labor hours as well as for usage of Public Works equipment. Contributions, direct costs and in-kind contributions made by the City of Wheat Ridge for the 2005 Wheat Ridge Carnation Festival totaled $34,380 (Attachment # 1) Consensus was reached at the March 20,2006 City Council Study SessIOn that the City would contribute an additional $5,000.00 to the 2006 Wheat Ridge Carnation Festival. The Carnation Festival Committee has offered options for which the $5,000 00 contribution could be used mcludmg' entertamment, rental of the sound stage or Carnation FestIval signs. COMMISSIONIBOARD RECOMMENDATION: Consensus was reached at March 20,2006 City Council Study Session to make additIonal $5,000 00 contribution to the 2006 Wheat Ridge Carnation Festival. STATEMENT OF THE ISSUES: In revlewmg the Profit/Loss Statement for the 2005 Wheat Ridge Carnation Festival, a shortfall of $9,487 II was identified. In 2005, the city contributed a total of $34,380.00 to the FestIval through contnbutlOns, direct costs and in-kind contributIons. The Wheat Ridge Carnation Festival is in need of additional funds for the 2006 FestIval. AL TERNA TIVES CONSIDERED: Provide no additional funding outside of the $5,00000 contribution, direct costs and in-kind contributions for the 2006 Wheat Ridge Carnation Festival. FINANCIAL IMPACT: Transfer of $5,000 00 from the General Fund unreserved fund balance into account number 01-113- 700-799, Community Support Miscellaneous Services and Charges. RECOMMENDED MOTION: "I move to approve Resolution 15-2006 - A Resolution Amendmg the Fiscal Year 2006 General Fund Budget to Reflect the Approval ofa Supplemental Budget AppropriatIOn m the Amount of$5,000.00 for Contribution to the 2006 Wheat Ridge Carnation FestIval to be used towards rental ofthe sound stage or, "I move to deny approval of ResolutIOn 15-2006 - A Resolution Amendmg the Fiscal Year 2006 General Fund Budget to Reflect the Approval of a Supplemental Budget AppropnatlOn in the Amount of$5,000.00 for Contribution to the 2006 Wheat Ridge CarnatIon Festival to be used towards rental of the sound stage for the followmg reason( s) Report Prepared by' Reviewed by: Debbie Meixner, Executive Assistant Randy Young, City Manager Attachments: 1 Budget - 2006 Wheat Ridge Carnation Festival 2 March l5, 2006 Memorandum Regarding 2005 Wheat Ridge CarnatIon FestIval Costs 3 ResolutIOn 15-2006 060327 CAF Carnation Fcstival.doc City of Wheat Ridge Parks and Recreation Memorandum FROM. Joy" M~wanng, Pac" & RW"I;oo Dt"c'oc ~ Julie Bnsson, Recreation Manage~~ ~ March 15,2006 TO DATE. SUBJECT 2005 Wheat Ridge CarnatIon FestIval costs Followmg IS a breakdown of the City of Wheat Ridge costs associated With the 2005 Carnation Festival Direct Costs: Parks OT Parks Materials Public Works OT Police OT City Contribution United Rentals $ 2,313 $ 206 $ 1,848 $15,2l7 $ 5,000 $ 2,094 (2005 only - - this should be a direct expense to the Carnation Festival Committee) Total Direct Costs $26,678 In-Kind Contributions: Parks Labor Public Warks Labor Public Works Equipment $ l,909 $ l,988 $ 3,805 Total In-kind contributions $ 7,702 GRAND TOTAL $34,380 The Grand Total cost does not mclude staff time associated With CarnatIon Festival Committee meetmgs or pre-festIVal administrative preparations. ATTACHMENT 2 RESOLUTION 15 Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,000.00 FOR CONTRIBUTION TO THE 2006 WHEAT RIDGE CARNATION FESTIVAL WHEREAS, the City of Wheat Ridge provides support for the Wheat Ridge Carnation Festival through contributions, direct costs and in-kind contributIOns; and WHEREAS, the City of Wheat Ridge wishes to continue support for this event; and WHEREAS, the City Council supports the Wheat Ridge Carnation Festival, WHEREAS, City Council recommends an additional contributIon of $5,000 00 to the 2006 Wheat Ridge Carnation Festival; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City CounCil adoptmg a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The following amendment to the 2006 General Fund budget is hereby approved: (a) A supplemental budget appropnation from General Fund undeslgnated reserves in the amount of $5,000.00 to account #01-113-700-799 as a contributIOn to the 2006 Wheat Ridge Carnation FestIval. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS DA Y OF ,2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 3 ITEM NO' 2. I REQUEST FOR CITY COUNCIL ACTION 1---..,,, .~ ;~( ";\/ i """"~jJl L COUNCIL MEETING DATE. March 27, 2006 TITLE: COUNCIL BILL 07-2006. AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES (CASE NO. ZOA 05-03) ~ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' March l3, 2006) ~ ORDINANCES FOR 2ND READING QuasI-JudIcIal. 0 ~ Yes No t' ;; '- i .1a1A L{}j;t~ CommunIty Development DIrector Clty~D-J~ EXECUTIVE SUMMARY: Plannmg CommISSIOn requested that stafflook at the CIty's public heanng notIce reqUlrements compared to other cItIes. The changes m the proposed ordmance are those CouncIl dIrected staff to make at a study session on February 6, 2006 The changes requested by CouncIl are 1 Incrcase the size of the posted notice sIgn to 22" x 28". 2. Incrcase the area for maIled notIces from 100 feet to 300 feet from the subject property 3 Decrease the notIcmg penod from 15 days to lO days. 4 ReqUlre that publIc notIce signs be removed from the subject property wlthm 72 hours followmg the conclUSIOn of the publIc heanng. 5 Include the mmor clanficatlOns proposed by staff. Plannmg CommISSIon conSidered an ordmance on thIS subject on January 5,2006 and recommended a larger sign and longer notIcmg penod. Other recommendatIOns were requested to be mcluded by CouncIl. The proposed ordmance relates to CouncJl's goal of creatmg a strong partnershIp between the City and commumty by provldmg mcreasmg the commumty's awareness of upcommg land use case heanngs. COMMISSION/BOARD RECOMMENDATION: Planmng Commission recommended changmg the CIty's public notIce reqUIrements III the following ways 1 Increase the dIstance for notIfymg affected landowners from lOO feet to 300 feet. 2 Increase the size ofthe posted sign from l8" x 24" to 36" x 48". 3 Changmg the notice penod from 15 days to 21 days. 4 Include a tIme penod (72 hours) for removal of sIgns after the public heanng IS conducted. STATEMENT OF THE ISSUES: Changes to the notIcIng reqUIrements can affect the cost and length of time to process a land use applicatIOn. The proposed ordmance as directed by Council from the study sessIon wJl1 have the followmg Impacts. 1 The mcreased notification distance WIll mcrease the number of maIlmgs to prepare and staff tIme to prepare those mailings. The mcreased number of mallmgs will mcrease the cost of postage for all land use applicatIOns. 2. The larger sign Will be slightly more expensive to have pnnted. 3. Thesc Increased costs Will be passed on to applicants. By ordmance, the costs of public heanng notIces are to be reImbursed to the City Public notice fees Will need to Increase a nllllImum of $85 00 to cover mcreased costs. ThiS applies to all land use applications, even relatively mmor ones like vanances. On larger projects we Will recover actual costs. 4 The decreased notIce penod wJlI not ImmedIately shorten the noticmg penod for P1anmng CommissIOn heanngs because ofthe printIng schcdule of the Transcnpt. On land use cases requinng first and second readmgs, the 1 O-day penod Will enable us to schedule the two readmgs two weeks apart Instead of the current four weeks, savmg the applicant two weeks. AL TERNA TIVES CONSIDERED: ReqUlre larger sIgns. 2. ReqUIre a longer notIcmg penod. 3 Do not make changes to the current reqUlrcments. FINANCIAL IMPACT: There WIll be Increased postage, pnntIng and personnel costs mcurred by the CIty resulting from the sn--cl-(,llg-()l)2"'llSt:rs~ ,<l\\'hite'All Flks'Joning amendments'Noticing Re4uir('rn~nts' 2nd Re<.luing <- AF.doc adoption of this ordmance. It IS estimated that these mcreases WIll total $75.00 for an "average" land use applicatIOn. The costs of public notIcmg are reImbursed by land use applicants. Application fees Will be increased to cover these costs. RECOMMENDED MOTION: "I move to approve Council Bill 07-2006 on second readmg and that It take effect 15 days after final publication." Or, "I move to table mdefimtely Council Bill 07 - 2006 " Report Prepared bY' Alan White, Commumty Development Director Reviewed by Attachments: 1 CouncIl Study Session Memo dated January 31, 2006 2. Table of Other JunsdlctIon ReqUirements 3 Council Bill 07-2006 ,sf\-ci-eng-()()2',user:-,~awhlte 1\11 Files .7onmg amendments Noticing Requirements'2nd ReadIng (' I\F.doc City of Wheat Ridge Community Development Department Memorandum TO: Mayor and City Council FROM: Alan White, Commumty Development Dlfector SUBJECT: Public Notice ReqUirements DATE: January 31, 2006 P1annmg Commission requested that staff look at our public heanng notice reqUirements compared to other cities. A memorandum to PlannIng Commission, a chart summanzmg the companson, and a proposed ordmance are attached. Planmng CommiSSIOn recommended changmg our public notice reqUirements In the folloWIng ways: Increase the distance for notIfymg affected landowners from 100 feet to 300 feet. 2 Increase the size of the posted sign from 18" x 24" to 36" x 48" 3 Changmg thc notice penod from 15 days to 21 days. 4 Include a time penod (72 hours) for removal of signs aftcr the public heanng IS conducted. There are also a few mmor clanficatlOns proposed by staff Impacts The proposed changes wIll Impact staff and applicants m the followmg ways. Increased staff time and postage cost. The letter notIccs are prepared and mailed by staff AdditIOnal stafftlme to prepare mal1mg lIsts and maIlmgs for the reqUired letters. There is an additional cost aSSOCIated With thiS mcreased staff tIme. The additIOnal cost IS difficult to quantlfy because a larger project generates a larger maIl mg. There really Isn't an "average maI1mg." In additIOn, the cost of certified maIlmg postage has mcreased. 2 Increased cost of larger sign. The City proVides the sIgns that are, in turn, posted by the applicant. The larger signs will cost an additIOnal $7.00 to pnnt. There IS also the very real challenge of findmg a place to store the larger signs. Applicants will have a more difficult time postmg the larger sign. 3 Costs passed on to applicants. By ordmance, the costs of publIc hearIng notices are to be reimbursed to the City Public notice fces wlll need to mcrease a mmimum of $85 00 to cover mcreased costs. ThiS applies to all land use applicatIOns, even relatively mmor ones like vanances. On larger proJects we recover actual costs. 4. Increased project review delays. The additIOnal notice penod Will result m at least a cumulative two week delay In proccssmg applicatIOns. There will be approximately one ATTACHMENT 1 month between the time the notice IS sent to the newspaper and when the notIce appears In the paper. A Council hearIng on February 2ih would have to be to the newspaper by January 3151 and published on February 2nd to meet the 2l day reqUlrement. This IS the opposIte of busmess fnendly. Staff Recommendations 1. lncrease the notificatIon area to 300 fect. 2 Increase the sIgn size to 22" x 28" (or no more than 24" x 36") 3 Do not mcrease the notice penod from l5 to 21 days. 4 Include the 72 hour removal reqUIrement. 5 Include staff clanficatlOns. Attachments. 1 P1anmng CommIssIon Memorandum 2 Companson Chart 3 Draft ordInance With staff recommendations. PUBLIC NOTICE REQUIREMENTS Jurisdiction Notice to # of Days Sign Size Landowners Arvada 400' 12(1) 24" x 36" Aurora Abuttinq land 10 24" x 24" Broomfield 500' 10 22" x 28" Centennial Adjacent land 14 3' x4' Commerce City 300' (2) 10 \"J 24" x 36" Denver Not required 21 Prescribed by Zoning Administrator Enqlewood 500' 10 22" x 28" Golden 300,(3) 12 24" x 36" Jefferson County 500' 14 24" x 30" Lafayette 750' 10 Not specified Lakewood 500' 15 24" x 36" Littleton Not required 10 3' x 4' Lone Tree 200' 15 3' x4' Louisville 500' 15 Not specified in code Northqlenn 500' 15 20" x 26" Thornton 600' 10 24" x 42" Westminster 300' 12(4) 30 sf. Wheat Ridge 100' 15 18" x 24" Notes. (1) 15 days for sign (2) Technically not required by code (3) Planning commission only; not required for city council (4) Four days required for city council ATTACHMENT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. 07-2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. SectIOn 26-l 09 of the Code of Laws IS hereby amended as follows: Sec. 26-109. Public hearing notice and procedure. A. Pre-application neighborhood meeting Prior to submlttmg any apphcatlOn for a rezomng of property to a hIgher use than IS currently permitted, for approval which requires a neighborhood meeting under the provisions of Section 26-106, Review process chart, of a p1anncd dcvc10pment, or for a spcCIal usc pcrmlt, an apphcant shall be reqUired to do the followmg: Apphcant shall, by regular mail or by pamphlet or flyer personally dehvered, notify all residents within SIX hundred (600) feet of the area subject to the land use application proposed to be rczoncd or for which a use permit as speclficd above l5 sought, of a meetmg to be held, at a time and place selected by applicant but reasonably calculated to be convement both to apphcant and those resIdents notified, for the purpose of allowmg the apphcant to present to said residents the nature, character and extent of the action requested by applicant, and further to allow the resIdents to glVe mput to the applicant regardmg said proposal. 2. The mtent of thIs proposal IS to give adequate opportUnIty for both apphcants and residents to gIve and receive mput regardmg proposed proJects pnor to their formal submissIon so that the proJects are carefully deSIgned and conceIved to be compatible WIth surroundmg neighborhoods. It IS not the intent of the city counCIl to require formal agreements between apphcants and resIdents pnor to submiSSion of apphcatlOns, nor IS any apphcant to be denIed the nght to proceed to any reqUired or permitted heanngs regardmg such applicatIOn because no agreement IS reached. Rather, the cIty counCIl by thiS subsection IS encouragmg reasonable, honest, good faith commumcatlon between reSidents and applicants, and VIce versa. 3 No apphcatlon shall be accepted by the city's staffuntij applicant has certified by affidaVit that he has comphed With the provIsions ofthls subsectIOn A. B Newspaper puhlication. At least ten (10) fifteen (15) days pnor to any public heanng for a speCIfic site or development which reqUires approval by the plannIng commiSSIOn, ATTACHMENT 3 board of adjustment or city council, the director of commumty development shall cause to be published, In the legal section of a newspaper of general circulation WithIn the City, a notice of public heanng. The notIce shall specify the kind of actIOn requested; the heanng authonty; the time, date and locatIOn ofheanng; and the locatIOn of the parcel under consideratIon by both address and legal descnptIon. Notwithstandmg the above, any actIOn which reqUIres approval by passage of an ordmance by city council shall be subJect to the regular ordmance approval process, which mc1udes a first readmg of the ordmance by city council at a regular meetmg where no testImony IS allowed. Then, If passed upon first readmg, council establishes the time and date of the public hcanng and the city clerk shall cause the proposed ordInance to be published in a form and manner as described above. C. Posted /lotice. At least ten (10) fifteen (15) days pnor to any public heanng for a speCIfic site development which reqUIres approval by the plannmg commission, board of adJustment or city councIl, the director of commumty development shall cause to be prepared, and the applicant shall post, a sign (one (1) per street frontage) upon the parcel under consideratIOn for approval whIch provides notIce of the kInd of actIon requested, the heanng authonty; the tIme, date and locatIOn ofheanng; and the locatIon of the parcel under consideratIOn by 00ili address or approximate address. and legal descnptlOn. The sIgn shall be posted WithIn the property boundanes, shall be affixed to a flat surface, shall measure twenty-two (22) inches in height by twenty-eight (28) inches in width, shall be elevated a mmlmum of thIrty (30) mches from the ground (however, not more than SIX (6) feet above ground), shall be Visible from the street Without any obstructIons, shall be legible and displayed for fifteen (15) days pnor to the public heanng. The sign shall be maintained in good condition by the applicant throughout the ten (10) day posting period. The sign shall be removed within 72 hours from the date the public hearing is concluded. The fact that a parcel was not contmuously posted the full ten (10) fifteen (15) days may not, at the discretion of the heanng authonty, constItute grounds for contmuance where the applicant can show that a good faIth effort to meet thiS postmg reqUIrement was made. D Letter /lotice At least ten (10) fifteen (15) days pnor to any publIc heanng whIch reqUIres notIfication by letter, the dHector of communIty development shall cause to be sent, by certified maIl, a letter to adjacent property owners Within one hundred (l 00) three hundred (300) feet of the property under conSideratIon and to owners of property mcluded WIthin the area under consideratIOn. The letters shall speCify the kInd of actIOn requested, the heanng authonty; the tIme, date and locatIOn ofheanng; and the locatIOn of the parcel under consideratIOn by address or approximate address. FaIlure of a property owner to receive a maIled notIce will not necessItate the delay of a heanng by the hearing authority plannmg commISSIOn or cIty council and shall not be regarded as constItutIng madequate notIce Section 2. Safety Clause. The City Council hereby finds, determmes, and declares that thIS ordmance 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 convemence and welfare. The City Council further determmes that the ordInance bears a ratIOnal relation to the proper legislatIve object sought to be attamed. Section 3. SeverabIlity; Confllctl11g Ordmances Repealed. Ifany sectIOn, subsectIon or clause of this ordmance shall be deemed to be unconstitutional or otherwIse mvalId, the validity of the remaining sectIOn, subsections and clauses shall not be affected thereby All other ordl11ances or parts of ordmances III conflIct WIth the provIsIOns of thIS ordinance are hereby repealed. Section 4. EffectIVe Date. ThiS ordlllance shall take effect ~ days after final publicatIOn. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of _ to _ on thiS _ day of , 2006, ordered published m fullm a newspaper of general circulatIOn m the CIty of Wheat Ridge and PublIc Heanng and consideratIOn on final passage set for ,2006, at 7'00 o'clock p.m., m the CounCIl Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of _ to _, thiS _ day of ,2006 SIGNED by the Mayor on this _ day of ,2006. Jerry DITullio, Mayor ATTEST Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY Gerald Dahl, City Attorney 1 st PublicatIOn. 2nd PublicatIOn Wheat RIdge Transcnpt EffectIVe Date' FROM :Mike Baran Rernax Pro FAX NO. :303 237-8347 Mar. 20 2006 01:45PM Pi WHEAT RIDGE CARNATION FESTIVAL 2005 REPORT __ INCOME ITEM I lNCc>ME AM()U~"f_ CONTR1BUTIONS $15,817 00 i~.:~.G.S.;1i~. ~Ur,~E.^~ F ^ -i[:!~Ht -~dl",t';\:):YBblN",OME $3302330 ,"~;"':\'_~::' <',',,~' r:, .. I' .-1, . '.' .. -~ -,"- EXPENSE ITEMS EXPENSE AMOUNT STAGE, 'SOU.ND SYSTEM $7,405.00 SHUTTLE $'1,540.00 . ENTERiAINMENT $7,16Q..QQ._ FASHIONED TROPHIES $301.25 FIREWORKS $5,050.00 IN.~URANCE $1,481.00 MIDWAY $7,QQ.~16 MISCELLANEOUS $1,174.42 PARADE .__.._.____. $64'7':55 . PLATES $8Zl"OO . CARN_~IION CAPERS $250.00 PRINTING $3,226.23 SIGNS .. 't= $3.06~(50 ir;~~~Sf.'~':t~I-Z;~')i;:~~~:.7f~tM?g~~~~ .=: - OO!E:ao _--J_~^ ..9i,'4J~t(t'~ l'I,~j"'~~tt:'tft ' t. ;~S ~(....'! >", ,..\~ ~.I."ft' $ ':", lA_ ' ~~'(~ ~~ ;;rt '.t , '@. ./'.... ,'. '\' '" '. <;t.'_~ -" 1 \0," ~~\ I'J~ \ CARNATION FESTIVAL 2005 1 of 1 10/312005 ATTACHMENT 1 ITEM NO' 3 I REQUEST FOR CITY COUNCIL ACTION [';) I~f. ~ ~ ~1':~ H~ WEST ___ ,'~ ~; c,'~~~~ )1", ~ L":i/ /: "'-.....~ ')\""J" ~/ ~.... . ~=C~'_j COUNCIL MEETING DATE. March 27, 2006 TITLE: COUNCIL BILL 08-2006, AN ORDINANCE AMENDING SECTION 26-707 A 1 OF THE WHEAT RIDGE CODE OF LAWS PERT AINING TO NONCONFORMING SIGNS (CASE NO. ZOA 05-06) ~ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR lST READING (Date' March l3, 2006) ~ ORDINANCES FOR 2ND READING QuasI-Judicial o Yes [8J No j~~ Idi___ Clt~r~ CommunIty Development Director EXECUTIVE SUMMARY: In December 2005 City Council directed staffto prepare an ordmance amendIng SectIon 26-707 A of the Code of laws dealIng With non-conformmg signs, speCifically to clanfy how terms used m the section apply to non-conformmg SignS. The mtent IS to not reqUire signs to be brought Into conformance With other sectIOns ofthe Sign code If the only change IS the replacement of a cabmet on top of an eXlstmg structure. The proposed ordmance was not recommended for approval by Plannmg Commission at a public heanng on January 5, 2006 The proposed ordmance affects CouncIl's strategic goals of develOPIng I-70 as a major commercial comdor and redeve10pmg the Wheat Ridge City Center smce slgnage IS an mtegral part of development m these subareas ofthe City As With any amendment to development regulatIOns, the ordmance also prepares the City for growth and opportumtIes. COMMISSION/BOARD RECOMMENDATION: PlannIng Commission recommended the proposed code change not be adopted. STATEMENT OF THE ISSUES: Planmng CommissIOn was concerned that the proposed ordmance would perpetuate the eXIstence of nonconformmg signs; that old nonconformmg pole signs would contmue to dommate the City's streetscapes. It was felt that the Sign code should be exammed m ItS entIrety and not m a pIecemeal fashIOn. The sign code should be looked at m relatIon to the ComprehensIve Plan, NRS, Streetscape Manual, and the Strategic Plan. This code change will apply to all nonconformmg SignS throughout the City and ItS impact will not be Isolated to one sectIOn of the CIty Pole signs tend to clutter the visual environment and detract from any streetscape or landscape Improvements, unlike monument SignS. Street trees, reqUired by the Streetscape Manual, can block the VIsibility of pole signs once the trees reach a mature height. Allowmg the contmued use of pole slgnage will tend to perpetuate the cluttered environments we see on many of the City's streets. The hardest thmg to deal WIth m a commumty that IS mostly bUilt-out IS effectmg changes that will be good m the long run, but whIch create some hardship m the mtenm. One part of a comprehensIve program to Improve the Image of the CIty's streets (a goal m the NRS) would be to reqUire that all SignS be converted to monument signs. The current code only encourages thiS. AL TERNA TIVES CONSIDERED: ProVIde additIonal mcentIves to convert pole sIgns to monument SignS. (Currently the code allows a Waiver of permit fees to bnng a nonconformIng sign mto conformance.) 2. Reduce the reqUired setback for signs, thereby elImmatmg m many cases the creatIon of the nonconfomllty 3 Do not approve the ordmance. FINANCIAL IMPACT: The code change will not have a financial Impact on the City. RECOMMENDED MOTION: "I move to approve Council Bill 08-2006 on second readmg and that It take effect 15 days after final publicatIOn. " Or, "I move to table mdefimte1y Council Bill 08-2006." Report Prepared by Alan WhIte, Commumty Development DIrector Attachments: 1 P1annmg CommissIon memo 2 Council Bill 08-2006 sfv-ci-cng-UU2\uscrsS',mvhltc ,\11 Fih:s'Zoning amendments',Sign <- odc'.Nonconfomling Sigs CAF 2nJ.uoc City of Wheat Ridge Community Development Department Memorandum TO: Plannmg Commission FROM: Alan White, Commumty Development Director SUBJECT: ZOA 05-06, Change to NonconformIng Signs ProvIsIOn DATE: December 30, 2005 CounCil directed staff to prepare an ordmance which would clanfy SectIon 26-707 A 1 of the Zomng and Development Code, specifically to clanfy what the terms rebUlldmg and reconstructIOn mean with regard to nonconformmg signs. The mtent of Council's directIOn IS to allow new Sign cabInets to be mstalled on eXlstmg support structures (usually poles) without meetmg height and setback standards. Currently the code proVISIOn reads as follows "Rebuildmg, enlargement, relocatIon, extenSIOn, replacement, or reconstructIOn of a nonconformmg sign IS not permitted unless such sign IS brought mto conformance with thiS article." ThiS provlSlon has been m the Zomng and Development Code for decades. The provIsion has consistently been mterpreted to mclude the placement of a new sign cabmet on top of an eXlstmg structure as either "rebUlldmg" or "reconstructIon." Current Regulations The code changes m 2001 reqUired setbacks for freestandmg signs of a certaIn height as follows' 1. Setback from adjacent properties. Ten (10) feet where adJacent to residentIal-zoned properties, no setback m all other cases with other than residentIal (IncludIng PRD) zonIng. Where a sign eXists on an adjacent property and that sign IS wlthm twenty (20) feet of the proposed locatIOn of a new sign on the adjacent property, an offset, either vertical or honzontal, shall be reqUired such that the eXlstmg sign IS not Visually blocked by the new Sign. 2. From street nght-of-way Five (5) feet for signs under seven (7) feet high; ten (10) feet for sIgns seven (7) to twenty-five (25) feet high, and thirty (30) feet for signs over twenty-five (25) feet high. MaXimum height of a free-standmg sign IS fifteen (15) feet; provided that signs for retail and service busmesses WithIn one-quarter (l/4) mile of an mterstate highway, that are onented to the mterstate highway, are permitted one (1) freestandmg Sign up to fifty (50) feet hIgh. Any other permitted freestandIng sign shall not exceed fifteen (15) feet. Most of the nonconformltIes today are a result of signs not meetmg the new setbacks reqUired by the height of the Slb'11. ATTACHMENT 1 Proposed Code Changes The changes to subsection 1 are Intended to clanfy what can be done to nonconformwg signs. SignS bemg replaced or relocated (meamng new support structure and new sign cabmet) should be reqUired to meet the proVISIOns of the new code. The new reqUirements should apply to what IS essentially a new sign. The legality of the nonconformity shouldn't carryover to the new sign. Enlargement or expansIOn would be allowed as long as the nonconformity was not mcreased. For example, on a sign with a nonconformmg setback, a larger Sign could be put on an eXlstmg support structure as long as the setback wasn't reduced. (Setback IS measured from the 1eadmg or streetslde edge of the sign.) The terms rebui1dmg and reconstructmg would not mclude p1acmg a new sign cabmet on top of an eXlstmg support structure Ifboth the support structure and sign cabmet were bemg replaced, the sign would be conSidered a replacement sign, which would have to conform to the new provISIons. Planmng CommissIon reviewed the nonconformIng sign provIsIons while revlewmg the sign code re-wnte brought forward by staff. Your concern was more directed at how to treat SignS that were damaged. Your recommendatIOn was to allow nonconformmg signs to be rebUilt unless damaged by more than 50% by any means or If a busmess mcreases In size by 20%. An additIonal recommendatIOn was to Include an amortization penod of five years for all nonconformIng signs. Attached are mmutes from the heanngs at which you dealt With nonconformmg SignS. Issues The hardest thmg to deal WIth m a communIty that IS mostly built-out IS effectmg changes that will be good m the long run, but which create some hardship m the mtenm. One part of a comprehensive program to Improve the Image of the City's streets (a goal m the NRS) IS to reqUire that all signs be converted to monument SignS. (The current code only encourages thiS.) Pole signs tend to clutter the Visual environment and detract from any streetscape or landscape Improvements, unlike monument signs. If anythIng, the eXlstmg code Isn't strong enough m requlflng pole signs to be converted. Allowmg the use of pole slgnage tends to perpetuate the cluttered environments we see on many of the City's streets. An alternatIve IS to reduce the setback reqUirements. Suggested Motions "1 move to recommend approval of the ordmance amendIng subparagraph 1 of the nonconformIng proVISIons of the Sign Code as presented by staff." Or, If you make changes. "I move to recommend approval of the ordmance amendmg subparagraph 1 of the nonconformIng proVISIOns of the sign Code With the followmg changes 2." INTRODUCED BY COUNCIL MEMBER Council Bill No. 08-2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING SECTION 26-707 Al OF THE WHEAT RIDGE CODE OF LAWS PERT AINING TO NONCONFORMING SIGNS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. SectIon 26-707 A 1 of the Zomng and Development Code is hereby amended as follows. A. Nonconforming signs. The lawful use of a sign eXlstll1g at the effective date of the ordinance from whIch thiS article IS derived may be contmued, although such use does not conform to the provIsions of this artIcle, subject to the followll1g proviSIOns. 1 Rebui1dmb' enlargement, RelocatIon, extensIOn, or replacement 6f reconstructIOn of a nonconformmg Sign IS not permitted unless such sIgn IS brought mto conformance WIth thiS article. Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a new support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. Section 2. Safety Clause. The City CouncIl hereby finds, determll1es, and declares that thiS ordmance IS promulgated under the general pohce power of the CIty of Wheat Ridge, that It lS promulgated for the health, safety, and welfare of the public and that thIS ordmance IS necessary for the preservatIon of health and safety and for the protection ofpubhc convemence and welfare The CIty Council further determmes that the ordmance bears a ratIOnal relatIOn to the proper legislatIve object sought to be attamed. Section 3. Severability; Confllctmg Ordmances Repealed. If any sectIOn, subsectIOn or clause of thIs ordmance shall be deemed to be unconstitutIOnal or otherwise mvahd, the validity of the remammg sectIOn, subsectIOns and clauses shall not be affected thereby All other ordmances or parts of ordinances m conflIct With the provIsions of this ordinance are hereby repealed. Section 4. EffectIve Date. ThiS ordmance shall take effect n days after final pubhcatlOn. ATTACHMENT 2 INTRODUCED, READ, AND ADOPTED on first readmg by a vote of_ to _ on this _ day of , 2006, ordered publIshed III full III a newspaper of general circulatIOn m the City of Wheat Ridge and Public HearIng and consideration on final passage set for ,2006, at 7'00 o'clock p.m., m the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of ~ to ~, thiS _ day of , 2006 SIGNED by the Mayor on thiS ~ day of ,2006 JERRY DITULLIO, MAYOR ATTEST Pamela Y Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st PublicatIOn. 2nd PublIcatlOn Wheat Ridge Transcnpt Effective Date: CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO. 3. TITLE: PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUlllCIL CASE NO. z.OA -oS-Ob COUBCIL BILL NO. 08-2006 COUNCIL BILL 08-2006 - AN ORDINANCE AMENDING SECTION 26-707 A 1 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NONCONFORMING SIGNS YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU REED MORE ROOM PLEASE SIGN ON BACK OF PAGEl CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. ZOA-05-0~ COUNCIL BILL NO. 07-2006 TITLE: COUNCIL BILL 07-2006 - AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES. YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU HEED MORE ROOM PLEASE SIGH ON BACK OF PAGE I CITIZENS' RIGHT TO SPEAK DATE: March 27, 2006 ANY PERSON MAY SPEAK ON MATTERS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. NAME ADDRESS TOPIC '-'~~ L . ,,)~ t5' --.--1