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Home My WebLink AboutCity Council Agenda Packet 04-22-19 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 22, 2019 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES Tree City USA Municipal Clerks Week – 50th Anniversary Child Abuse Prevention Month APPROVAL OF MINUTES APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the PUBLIC COMMENT ROSTER. b. Citizens who wish to speak on an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard. d. Citizens who wish to speak on Study Session Agenda Items for a maximum of 3 minutes and sign the STUDY SESSION AGENDA ROSTER. CITY COUNCIL AGENDA: April 22, 2019 Page -2- 1. CONSENT AGENDA a. Resolution 25-2019 – amending the Fiscal Year 2019 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $90,220 for the purpose of operating the renovated Anderson Building b. Resolution 26-2019 – amending the Fiscal Year 2019 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $1,500 for the purpose of appropriating a Grant Award for the purchase of trees in City Right-of-Way c. Motion to award the 2019 Concrete Rehabilitation/ADA Improvements, Project Base Bid and Bid Alternates 1 and 2, and approve subsequent payments to Majestic Concrete Contractors, Inc., Golden, Colorado, in the amount of $535,527.50, with a Contingency amount of $26,775.00 for a total not to exceed contract and contingency amount of $562,302.50 d. Motion to award 2019 Overlay Project Contract renewal to Martin Marietta Materials, Westminster, Colorado, in the amount of $1,275,457.61, with a Contingency amount of $63,775.00, for a total amount of $1,339,232.61 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 03-2019 – amending Sections 2-53 and 11-52.5 of the Wheat Ridge Code of Laws concerning appointees to the Boards and Commissions and the Liquor Licensing Authority 3. Council Bill 04-2019 – amending Sections 11-51, 11-52, 11-53, 11-56, 11-63, 11- 64 and 17-27 of the Wheat Ridge Code of Laws concerning the licensing and use of alcohol beverages and making additional housekeeping revisions to said code updating statutory citations to conform to recent legislative changes 4. Resolution 24-2019 – approving a Major Subdivision Plat with Right-of-Way dedication for property zoned Mixed Use-Commercial Transit Oriented Development (NU-C TOD) and located at 5060 Ward Road (Case No. WS-18-06/Ridge at Ward Station) ORDINANCES ON FIRST READING 5. Council Bill 05-2019 – amending Section 16-132 and Subsection 16-133(H) of the Wheat Ridge Code of Laws to Exempt Needle-Stick Prevention and Syringe Exchange Program participants from criminal prosecution 6. Council Bill 06-2019 – approving the rezoning property at 3300 Ames Street from Residential-Three (R-3) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) (Case No. WZ-18-25/Feaster) 7. Motion to reconsider Council Bill No. 02-2019 – an Ordinance approving a Zone Change from Residential-Three (R-3) to Planned Residential Development (PRD) with and Outline Development Plan (ODP) for property located at 4000-4066 Upham Street (Case No. WZ-18-17/Ridgetop Village) CITY COUNCIL AGENDA: April 22, 2019 Page -3- DECISIONS, RESOLUTIONS AND MOTIONS 8. Motion to approve Appointments to Boards and Commissions 9. Motion to Ratify Mayoral Appointments to the Housing Authority 10. Motion to approve Appointment of Representatives to the 2020 Outside Agency Program Committee CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 25-2019 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $90,220 FOR THE PURPOSE OF OPERATING THE RENOVATED ANDERSON BUILDING PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The Anderson Building is undergoing renovations and is due to open in June of 2019. A supplemental budget appropriation in the amount of $90,220 is required to operate and maintain the renovated building with expanded hours and programming. The additional appropriation will be used for staffing, janitorial services, utilities and supplies. PRIOR ACTION: City Council approved an appropriation in the 2019 General Fund budget in the amount of $31,349 for the Anderson Building. FINANCIAL IMPACT: The financial impact is additional funding in the amount of $90,220 which will be transferred from General Fund undesignated reserves to the Anderson Building budget. Potential revenues from programming and usage of the Anderson Building for June to December 2019 are $10,800 for drop-in facility usage, $14,825 for rentals and $108,576 for scheduled programs and classes for a total of $134,201. These estimates assume all available programming time and class participation are at capacity. Council Action Form – Anderson Building Budget Appropriation April 22, 2019 Page 2 BACKGROUND: Prior to renovation, the Anderson Building was only open for a limited amount of time for certain programming. Organizations renting the Anderson Building for scheduled programs and their participants were allowed to use the building without City staff on site. Locker rooms were only open seasonally when the outdoor pool was open. Staff is recommending that operations and programming for the building be expanded so that the renovation investment in the facility by taxpayers allows increased access for all community members and expanded use of the center for a variety of programming demanded by the community. Following will be the fee schedule for the renovated Anderson Building and outdoor pool: Summer - (includes outdoor pool) Youth Drop in Fees - $4 resident $5 nonresident Adult Drop in Fees - $5 resident $6 nonresident Fall, Winter Spring – (gym only) Youth Drop in Fees - $3 resident $4 nonresident Adult Drop in Fees - $4 resident $5 nonresident A punch pass (discounted rate) for drop in usage will be offered. RECOMMENDATIONS: Staff recommends approval of the additional appropriation to allow for expanded hours and programming for the Anderson Building. RECOMMENDED MOTION: “I move to approve Resolution No. 25-2019, a resolution amending the fiscal year 2019 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $90,220 for the purpose of operating the renovated Anderson Building.” Or, “I move to deny approval of Resolution No. 25-2019, a resolution amending the fiscal year 2019 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $90,220 for the purpose of operating the renovated Anderson Building for the following reason(s) _______________________________________________________.” REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 25-2019 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 25 Series of 2019 TITLE: RESOLUTION NO. 25-2019 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $90,220 FOR THE PURPOSE OF OPERATING THE ANDERSON BUILDING WHEREAS, Wheat Ridge voters approved a temporary ½ cent sales tax increase and the authority to issue bonds to make improvements to Anderson Park and Anderson Building; and WHEREAS, City Council wishes to increase the budget for the Anderson Building to expand the use of the recently renovated building to six days a week, 12 hours per day with new and improved programming for the entire community; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting 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 GENERAL FUND IS HEREBY APPROVED: A supplemental budget appropriation in the amount of $90,220 from General Fund undesignated reserves to account 01-620 Anderson Building and the amendment of revenues accordingly. DONE AND RESOLVED this 22nd day of April 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 26-2019 - A RESOLUTION AMENDING THE FISCAL YEAR 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,500 FOR THE PURPOSE OF APPROPRIATING A GRANT AWARD FOR THE PURCHASE OF TREES IN CITY RIGHT-OF-WAY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The Parks and Recreation Department applied for and received a grant from the Colorado Tree Coalition for $1,500 to purchase trees for right-of-way areas on the east side of the City. A budget amendment is required to appropriate these unanticipated grant funds for expenditure. PRIOR ACTION: No prior action was taken. FINANCIAL IMPACT: The grant award is $1,500. The Parks and Recreation Department will use the grant award to supplement the Department operating budget to purchase and install additional trees. Forestry staff will plant and maintain the trees. Council Action Form – Budget Amendment for Colorado Tree Coalition Grant Award April 22, 2019 Page 2 BACKGROUND: The City tree population declined in 2018 due to storm damage, age, and disease. The Parks and Recreation Department is committed to replacing trees to maintain the urban tree canopy. RECOMMENDATIONS: Staff recommends the approval of the budget amendment to allow for award acceptance to purchase trees. RECOMMENDED MOTION: “I move to approve Resolution No. 26-2019, a resolution amending the fiscal year 2019 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,500 for the purpose of appropriating a grant award for the purchase of trees in City right-of- way.” Or, “I move to deny approval of Resolution No. 26-2019, a resolution amending the fiscal year 2019 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,500 for the purpose of appropriating a grant award for the purchase of trees in City right-of-way for the following reason(s) ________________________________________.” REPORT PREPARED/REVIEWED BY: Matt Anderson, Parks and Recreation Analyst Margaret Paget, Forestry and Open Space Supervisor Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 26-2019 2. Grant Award Letter CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 26 Series of 2019 TITLE: A RESOLUTION AMENDING THE 2019 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,500 FOR THE PURPOSE OF APPROPRIATING A GRANT AWARD FOR THE PURCHASE OF TREES FOR CITY RIGHT-OF-WAY WHEREAS, the Parks and Recreation Department wishes to purchase new trees for right-of-way areas; and WHEREAS, a grant haS been awarded from the Colorado Tree Coalition for this project; and WHEREAS, this grant award was not appropriated in the 2019 budget; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting 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 GENERAL FUND IS HEREBY APPROVED: A supplemental budget appropriation in the amount of $1,500 to account #01-604-650-660 for the purpose of appropriating grant awards for the purchase of trees and the amendment of revenues accordingly. DONE AND RESOLVED this 22th Day of April 2019. ______________________________ Bud Starker, Mayor ATTEST: ______________________________ Janelle Shaver, City Clerk ATTACHMENT 1 ATTACHMENT 2 ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD THE 2019 CONCRETE REHABILITATION/ADA IMPROVEMENTS, PROJECT BASE BID AND BID ALTERNATES 1 AND 2, AND APPROVE SUBSEQUENT PAYMENTS TO MAJESTIC CONCRETE CONTRACTORS, INC., GOLDEN, COLORADO, IN THE AMOUNT OF $535,527.50, WITH A CONTINGENCY AMOUNT OF $26,775.00 FOR A TOTAL NOT TO EXCEED CONTRACT AND CONTINGENCY AMOUNT OF $562,302.50 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Engineering Manager City Manager ISSUE: Concrete rehabilitation has been implemented on an annual basis in conjunction with the asphalt pavement overlay projects. This project also include mobility improvements on selected locations to meet specifications of the American Disability Act program specifically guided by the City’s ADA Transition Plan. Specifically, the project will primarily continue with concrete rehabilitation (non-ADA related) in coordination with the annual Street Resurfacing Project, developed to provide needed maintenance treatments to a number of selected streets by priority in accordance with the citywide maintenance plan. The program is also intended to bring existing curb ramps into compliance with the current ADA mandates as part of the multi-year plan. For the 2019 project, curb ramp work will be focused on ramp improvements of high priority locations along various local streets and with selected spot improvement citywide. This project is Council Action Form – 2019 Concrete Rehab/ADA Improvements Project April 22, 2019 Page 2 the second of three preventive maintenance projects that the City will implement this year, the third being the asphalt overlay project. This project also includes concrete construction for the Garrison bike lane as part of the 2019 CIP program. These were incorporated into the concrete rehab project bid package (as Bid Alternates) to leverage more competitive bid prices for those particular projects, identified further in this report. The apparent low responsible and responsive bidder is Majestic Concrete Contractors, Inc., Golden, Colorado, in the total amount of $569,027.50. After contract scope negotiations, the final pricing was reduced to $535,527.50. PRIOR ACTION: None FINANCIAL IMPACT: Funding for these programs has been approved in the 2019 Capital Improvement Program budget: Program Account Number Amount ADA Improvements 30-303-800-861 $50,000 Preventive Maintenance Projects 30-303-800-884 $1,900,000 Bike and Pedestrian Improvements 30-303-800-852 $130,000 Costs associated with the base bid and Bid Alternate 2 items will paid out of both 30-303-800-884 and 30-303-800-861 accounts, respectively. With respect to the Preventive Maintenance Projects account, this amount is also intended to cover other preventative maintenance contracts such as street resurfacing (overlay work), crack filling, and non-ADA related concrete work, such as spot replacements of curb and gutter. Costs associated with concrete work for Garrison Street Bike Lane (Bid Alternate 1) will be paid out of the Bike and Pedestrian Improvements Project line item 30-303-800-852. BACKGROUND: This project is intended to provide concrete improvement needs associated with ADA mobility and preventive maintenance purposes. With respect to ADA mobility, the City has been assessing the mobility needs as a result of federal mandates of the American Disability Act. It is anticipated that curb ramp construction and modifications citywide, by priority, will serve as an effective solution to the program. As a result, the City Council has approved a budget line item in the Capital Improvement Plan (CIP) to address these needs over the long term. For 2019, a vast majority of high priority ramp improvements happen to be located along the streets to be overlaid. Bids for the 2019 Concrete Rehabilitation Project were opened on March 29, 2019. Two 2 bids received met the initial bid requirements. Both bids were above the engineer’s estimate. Staff has analyzed the bids and believes the high prices are largely due to the increasingly competitive Council Action Form – 2019 Concrete Rehab/ADA Improvements Project April 22, 2019 Page 3 construction market. This is consistent with what staff observed from the other recent City procured construction projects. The low bidder is Majestic Concrete Contractors, Inc., Golden, CO, with a total bid amount of $569,027.50. A contract award is based on the lowest responsive and responsible bid that meets all of the bid requirements. Majestic Concrete Contractors, Inc. is qualified to perform the work; they have performed work satisfactorily on previous projects. The 2019 Concrete Rehabilitation and ADA Improvements Project is comprised of the following: Base Bid - Concrete ramps, gutter and walk replacement on streets to be overlaid Alternate 1- Concrete construction for Garrison Street bike lanes Alternate 2- ADA transition program targeting high pedestrian generator type of establishments Bid Ranges Engineer Estimate Base Bid: $390,400.00 - $403,930.00 $324,675.00 Alternates: #1 $108,555.00 - $126,380.00 $99,276.50 #2 $56,456.00 - $70,072.50 $49,026.50 Staff created several bid alternatives to add additional maintenance work for several separate minor projects with similar construction quantities. These were included as bid alternates in the base bid package in order to obtain more competitive prices and for the ease of construction management as part of a larger project. Bid Alternate 1 is for obtaining pricing for Garrison Bike Pedestrian Improvements specifically to build concrete curb, gutter and sidewalk for this project. Bid Alternate 2 is for obtaining pricing and a number of curb ramp improvements throughout the City by priority as guided by ADA program. This year candidates are prioritized on location targeting high pedestrian routes which consist of Parfet Street as a school route and at 49th /Tabor adjacent to a retirement community. As a result of the bids received being above the budget, Staff recommends reducing the work scope in this contract to omit concrete work of a couple of short segments of local streets which were identified for overlay this year. Staff has successfully negotiated with Majestic Concrete Contractors, Inc. on the work scope reduction Base Bid based on the contract unit bid prices. This results in a decrease in cost for the base bid from $390,400 to $356,900. Overall, the cost for the reduced work is $33,500.00, which will be amended to the contract by change order. Based on budget availability, Staff recommends a reduced scope and cost for the project as discussed above and a contract awarded for construction as outlined below. Council Action Form – 2019 Concrete Rehab/ADA Improvements Project April 22, 2019 Page 4 The lowest responsible and responsive bidder, Majestic Concrete Contractors, Inc. of Golden, Colorado, has met the bid and qualification requirements. The adjusted price for the Base Bid and Bid Alternates 1 and 2 is $535,527.50. In addition, a 5% contingency amount of $26,775 is requested to cover the cost of unforeseen or additional needed work items that may be encountered during the course of the project. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and performance on previous projects, and prices are within the available budget, Staff recommends that a contract be awarded to Majestic Concrete Contractors, Inc. that includes the Base Bid and Bid Alternate 1 and 2 as outlined above. RECOMMENDED MOTION: “I move to award the 2019 Concrete Rehabilitation and ADA Improvements Project Base Bid and Bid Alternates 1 and 2, and approve subsequent payments to Majestic Concrete Contractors, Inc., Golden, Colorado, in the amount of $535,527.50, with a contingency amount of $26,775.00 for a total contract and contingency amount not to exceed $562,302.50.” Or, “I move to deny the award of the 2019 Concrete Rehabilitation and ADA Improvements Project Base Bid and Bid Alternates 1 and 2, and subsequent payments to Majestic Concrete Contractors, Inc., Golden, Colorado, for the following reason(s) _________________________.” REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tab Sheet 2. Project Street Segments ITB-19-08 2019 CONCRETE / ADA PROJECT STREET SEGMENTS S-PM-03-19 STREET SEGMENT SCOPE OF WORK Parfet St 32nd Ave to 38th Ave. Ramps 6 4” sidewalk 86 sy 6” VCG 146 lf 10” Concrete 6” red concrete 7.5 sy Simms ST. 38th Ave. to 35th Ave. Inc. 37th Pl,37th Ave, 36th Ave Ramps 6 5’3” mountable sidewalk 165lf 4” sidewalk 6” VCG 10” Concrete Kline St Lee St Lewis St 37th Pl 37th Ave 35th Ave.to 38th Ave. 5’3” mountable sidewalk 209lf 4” sidewalk 9sy 6” VCG 20lf 10” Concrete 21.15 sy 35th Ave Kipling to Independence Ramps 5’3” mountable sidewalk 110lf 6” VCG 50lf Garrison St 38th Ave to 40th Ave Ramps 5’3” mountable sidewalk 25lf ATTACHMENT 2 ITB-19-08 2019 CONCRETE / ADA PROJECT STREET SEGMENTS S-PM-03-19 Brentwood St 41st Ave to 44th Ave Ramps 4 5’3” mountable sidewalk 861lf Balsam St Ammons ST Allison ST Melrose Pl Zephyr St 39th Ave 38th to 41st Ramps 20 5’3” mountable sidewalk 815lf 10” Concrete 30 sy Teller St 26th Ave to 44th Ave Ramps 10 5’3” mountable sidewalk 125lf Quay St Otis St Marshall St (35thd to 38th) Lamar St (32nd to 33rd) 33rd Ave to 35th Ave Ramps 11 5’3” mountable sidewalk 450lf ITB-19-08 2019 CONCRETE / ADA PROJECT STREET SEGMENTS S-PM-03-19 Kendall ST 29th Ave to 32nd Ave Ramps 5’3” mountable sidewalk 60 lf Harlan St Gray St 26th Ave to Independence Ramps 6 5’3” mountable sidewalk 160lf VCG 15 lf 45th Ave 49th Ave Miller St and Newland St Tabor Ramps 8 6’6” mountable sidewalk 30lf VCG 30 lf ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD 2019 OVERLAY PROJECT CONTRACT RENEWAL TO MARTIN MARIETTA MATERIALS, WESTMINSTER, COLORADO, IN THE AMOUNT OF $1,275,457.61, WITH A CONTINGENCY AMOUNT OF $63,775.00, FOR A TOTAL AMOUNT OF $1,339,232.61 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Engineering Manager City Manager ISSUE: The annual Street Resurfacing Project was developed to provide needed maintenance treatments to a number of selected streets by priority in accordance with the citywide maintenance plan. The program is intended to extend the life of pavement on streets that are structurally sound. For the 2019 project, various local streets throughout the City are programmed to be overlaid. The project also includes the following: striping maintenance of high volume streets and bike lanes throughout the City by priority, and spot pavement patching citywide. This project also includes slurry seal of Garrison Street from 44th to 48th in conjunction with the installation of new bike lanes. This project is the last of three preventive maintenance projects that the City will implement this year. The original contract was awarded to Martin Marietta Materials in 2018 as they were the apparent low responsible and responsive bidder. Staff has successfully negotiated a contract renewal through a previously approved process. Staff recommends proceeding with the contract renewal in the amount of $1,275,457.61 to complete the 2019 overlay project. Council Action Form – 2019 Overlay Project April 22, 2019 Page 2 PRIOR ACTION: Original contract ITB-18-05 was approved by City Council on April 9, 2018. FINANCIAL IMPACT: Funding for the 2019 Overlay Project has been approved in the Preventive Maintenance Projects and Striping Maintenance line item of the 2019 Capital Improvement Program (CIP) budget. Specifically, costs associated with the bid will be paid from CIP Budget Account Number 30-303-800-884 and 30-303-800-867 respectively. BACKGROUND: Formal bids for the 2018 Overlay Project were opened on March 22, 2018. Four bids came in lower and one higher than the engineer’s estimate. As a result, Staff recommended that the lowest responsive bidder, Martin Marietta Materials, be awarded a contract. In the bid document, the City incorporated a renewal option. Specifically, the contract was set up to award the overlay project in 2018 with the option to renew for two (2) additional one-year periods subject to the contractor providing satisfactory performance during the previous contract period. During the option period, the City shall give written notification to the contractor if the City intends to exercise its option to renew. The City may consider an adjustment to the pricing structure if the contractor can demonstrate, through documentation issued by material suppliers, that it was subject to a price adjustment (reduction or increase). The City, at its discretion, can elect to accept or reject the requested price adjustment, or may negotiate a price adjustment with the contractor, in the best interest of the City. Pricing and specification changes, if any, shall be negotiated and agreed upon by both parties. The City reserves the right to terminate the contract with the contractor based on performance, lack of funding, or such price adjustments. Martin Marietta Materials has satisfactorily completed the work in 2018 and staff recommends to renew the contract for 2019 work. The 2019 renewal proposal was received in February 2019 at a total cost of $1,275,457.61. Maintenance work in 2019 consists of resurfacing various local streets throughout the City, striping maintenance of high volume streets and bike lanes throughout the City by priority, and spot pavement patching citywide and slurry seal of Garrison Street from 44th to 48th in conjunction with the installation of new bike lanes. The renewal proposal includes an overall price increase of 5%. Staff has evaluated the cost proposal and determined that the price increase is reasonable considering increases asphalt oil and construction costs for asphalt paving. In addition, the 2018 project focused primarily on 38th Ave and Kipling Street and the 2019 project focuses on numerous residential streets spread throughout the entire City which affects the production rate and related pricing. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and experience on previous City projects, staff recommends the contract renewal to Martin Marietta Materials. Council Action Form – 2019 Overlay Project April 22, 2019 Page 3 RECOMMENDED MOTION: “I move to award ITB-18-05, 2019 Overlay Project contract renewal, to Martin Marietta Materials, Westminster, Colorado, in the amount of $1,275,457.61, with a contingency amount of $63,775.00 for a total amount of $1,339,232.61.” Or, “I move to deny the award of ITB-18-05, 2019 Overlay Project contract renewal, to Martin Marietta Materials, Westminster, Colorado, for the following reason(s) ____________________________________.” REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Contract Renewal Intent Letter A T T A C H M E N T 1 BASE BID ITEM No.PAY ITEM ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED PRICE 202A ASPHALT PLANING (1½’’-2½”) 114,780 SY 1.66$ 190,534.80$ 210A ADJUST MANHOLE TO GRADE 145 EA 56.00$ 8,120.00$ 210B ADJUST VALVE BOX TO GRADE 102 EA 32.00$ 3,264.00$ 210C RECONSTRUCT MANHOLE 3 EA 740.00$ 2,220.00$ 403A HMA 1½’’- 2½’’ O/L SP-100 PG (64-22) SX ½ 10,765 TN 66.51$ 715,980.15$ 403B HMA PATCHING CIP 4’’ SP-100 PG (64-22) SX 100 TN 140.20$ 14,020.00$ 403C HMA PATCHING CIP 6’’ SP-100 PG (64-22) S ¾ 100 TN 138.55$ 13,855.00$ 403D HMA 2’’ MILL/ PATCH SP-100 (64-22) SX ½ 750 SY 16.16$ 12,120.00$ 403E HMA SPEED HUMP SP-100 (64-22) SX ½ 2 EA 2,972.25$ 5,944.50$ 620 SANITARY FACILITY 1 EA 545.00$ 545.00$ 626 MOBILIZATION 1 LS 43,820.00$ 43,820.00$ 627A MARK ARROW STR. (15.5 SF) TAPE (RECESS 4 EA 306.73$ 1,226.92$ 627B MARK ARROW RHT. (15.5 SF) TAPE (RECESS 4 EA 306.73$ 1,226.92$ 627C MARK ARROW LFT. (15.5 SF) TAPE (RECESS 4 EA 306.73$ 1,226.92$ 627D WHITE MARKING TAPE (4’’) (RECESS)100 LF 5.58$ 558.00$ 627E WHITE MARKING TAPE (8’’) (RECESS)100 LF 11.15$ 1,115.00$ 627F W MARK TAPE (SHARK TEETH) (36”) (RECES 100 LF 33.46$ 3,346.00$ 627H MARK ARROW RGT/STR (27.5) TAPE (RECES 4 EA 474.00$ 1,896.00$ 627I WHITE MARKING TAPE (24’’) (RECESS)850 LF 24.54$ 20,859.00$ 627J WHITE PAVEMARK MODIFIED EPOXY 1,000 SF 1.10$ 1,100.00$ 627K YELLOW PAVEMARK MODIFIED EPOXY 1,000 SF 1.10$ 1,100.00$ 627L WHITE MARK MODIFIED EPOXY (RECESS)2,250 SF 1.56$ 3,510.00$ 627M YELLOW MARK MODIFIED EPOXY (RECESS)2,250 SF 1.56$ 3,510.00$ 627N WHITE PAVEMENT MARKING (TEMP)9,000 SF 0.50$ 4,500.00$ 627O YELLOW PAVEMENT MARKING (TEMP)9,000 SF 0.50$ 4,500.00$ 627P WHITE MARKING ONLY (8’) TAPE (RECESS)2 EA 362.50$ 725.00$ 627Q WHITE MARK SCHOOL (8’) TAPE (RECESS)2 EA 501.95$ 1,003.90$ 630A TRAFFIC CONTROL MANAGEMENT 1 LS 70,605.00$ 70,605.00$ 630B TRAFFIC CONTROL PATROL OFFICER 1 DY 1,043.00$ 1,043.00$ 630D WORK ZONE TOWING 5 EA 276.00$ 1,380.00$ 720 MATERIAL SAMPLING & TESTING 1 LS 5,655.00$ 5,655.00$ TOTAL AMOUNT OF BASE BID 1,140,510.11$ WHEAT RIDGE 2019 Overlay Project (Renewal) WHEAT RIDGE 2019 OVERLAY Renewal BID ALTERNATE #1 - GARRISON ST. - W. 38th AVE to W. 51st AVE ITEM No.PAY ITEM ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED PRICE 409 SLURRY SEAL 18,800 SY 2.56$ 48,128.00$ 210D REMOVAL OF TRAFFIC SIGN 8 EA 113.00$ 904.00$ 210E STOP SIGN (R3-19) W / /BASE & BREAK AWAY POST 8 EA $ 733.00 $ 5,864.00 210F CROSS WALK SIGN (W-12) W / BASE & BREAK AWAY POST 2 EA $ 733.00 $ 1,466.00 210G BIKE LANE SIGN (R3-17) W / BASE & BREAK AWAY POST 15 EA $ 733.00 $ 10,995.00 626 MOBILIZATION 1 LS $ 6,445.00 $ 6,445.00 627B MARK ARROW RHT. ( 15.5 SF) TAPE (RECESS)10 EA $ 310.00 $ 3,100.00 627C MARK ARROW LFT. (15.5 SF) TAPE (RECESS)2 EA $ 310.00 $ 620.00 627I WHITE MARKING (24’’) TAPE (RECESS)550 LF $ 24.81 $ 13,645.50 627L WHITE MARK MODIFIED EPOXY (RECESS)8,500 SF $ 1.58 $ 13,430.00 627M YELLOW MARK MODIFIED EPOXY (RECESS 4,650 SF $ 1.58 $ 7,347.00 627R WHITE MARK CHANNELIIZING PAINT 700 SF $ 0.51 $ 357.00 627S MARK “STOP” 8’ TAPE (RECESS)4 EA $ 422.85 $ 1,691.40 627T MARK “BIKE” (27.5 SF) TAPE (RECESS)30 EA $ 479.22 $ 14,376.60 630A TRAFFIC CONTROL MANAGEMENT 1 LS $ 4,480.00 $ 4,480.00 720 MATERIAL SAMPLING & TESTING 1 LS $ 2,098.00 $ 2,098.00 BID ALT #1 TOTAL 134,947.50$ PROJECT TOTAL of BASE BID and BID ALT #1 1,275,457.61$ ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2019 – AN ORDINANCE AMENDING SECTIONS 2-53 AND 11-52.5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPOINTEES TO BOARDS AND COMMISSIONS AND THE LIQUOR LICENSING AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING (02/25/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/22/2019) RESOLUTIONS (rescheduled from 03/25/2019 and continued from 04/08/2019) QUASI-JUDICIAL: YES NO City Attorney City Manager ISSUE: Consideration of an ordinance permitting the Council to appoint out-of-district members to the local liquor licensing authority in the event that no qualified in-district residents apply, and requiring in-district appointments, if available, for all boards and commissions upon the expiration or vacation of an out-of-district member’s term. PRIOR ACTION: A consensus was reached by City Council at the February 4, 2019 study session to direct the City Attorney to draft this ordinance. FINANCIAL IMPACT: None BACKGROUND: Recently, and at various times in the past, there have been occasions when no applications have been received from qualified members of the public for various boards and commissions and the liquor authority, because the applicant(s) does not reside in the particular Council district in Council Action Form – Appointments to Liquor Authority April 22, 2019 Page 2 which the vacancy occurs. Code section 2-53 already permits Council to make an out-of-district appointment in such cases, but section 11-52.5 does not. This ordinance gives Council the same authority in making liquor board appointments as it has for boards’ and commissions’ appointments. Additionally, the ordinance makes it clear that, in the event an out-of-district appointment for the authority or a board or commission seat is necessitated by the lack of in-district applicants, the reappointment of said out-of-district appointee will not occur if eligible in-district applicants are available. RECOMMENDATIONS: Adopt the attached ordinance on second reading. RECOMMENDED MOTION: “I move to amend Section 4 of Council Bill No. 03-2019, an ordinance amending Sections 2-53 and 11-52.5 of the Wheat Ridge Code of Laws concerning appointees to Boards and Commissions and to the Liquor Licensing Authority by providing for the ordinance to be effective immediately, and as amended on second reading, to adopt the same.” Or, “I move to postpone indefinitely Council Bill No. 03-2019, an ordinance amending Sections 2- 53 and 11-52.5 of the Wheat Ridge Code of Laws concerning appointees to Boards and Commissions and to the Liquor Licensing Authority for the following reason(s): __________________________________________________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 03-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 03 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING SECTIONS 2-53 AND 11-52.5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPOINTEES TO THE BOARDS AND COMMISSIONS AND THE LIQUOR LICENSING AUTHORITY WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and § 31-23-101, C.R.S., the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare and therefore has adopted the Wheat Ridge Code of Laws (the “Code”); and WHEREAS, the Council previously enacted Code § 2-53, concerning the appointments to City Boards and Commissions, and Code § 11-52.5, establishing its local liquor licensing authority (the “Authority”) and providing for the appointment of members thereto; and WHEREAS, the Council now wishes to amend the Code to permit the appointment of non-district members to the Authority and confirming the preference for district representation upon re-appointment for all boards, commissions and the Authority. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 2-53(c) of the Wheat Ridge Code of Laws concerning appointment of board and commission members is hereby amended as follows: Sec. 2-53. Qualifications of members; appointment and term; removal; vacancies. (c) Members of boards and commissions shall serve terms of three (3) years, and such members may be reappointed to serve additional three-year terms of office. All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or commission. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident. UPON THE VACATION OR EXPIRATION OF AN OUT-OF-DISTRICT MEMBER’S INITIAL TERM, THE COUNCIL SHALL NOT REAPPOINT SAID MEMBER UNLESS NO QUALIFIED IN-DISTRICT RESIDENTS HAVE ATTACHMENT 1 APPLIED FOR THAT SEAT ON THE BOARD OR COMMISSION. Except as provided HEREIN AND in subsection (e) hereof, all members of boards or commissions presently serving shall be entitled to complete the terms for which they were appointed and shall be subject to reappointment at the discretion of city council. Section 2. Subsection 11-52.5(b) of the Wheat Ridge Code of Laws concerning Authority members’ appointments is hereby amended as follows: Sec. 11-52.5. - Liquor licensing authority established. (b) The licensing authority for the City of Wheat Ridge shall consist of eight (8) qualified electors of the city, two (2) from each of the four (4) council districts of the city, who shall be appointed by the city council. IF, AFTER REASONABLE ADVERTISEMENT, NO APPLICATIONS ARE RECEIVED FROM RESIDENTS WITHIN THE RELEVANT COUNCIL DISTRICT FOR A VACANCY ON THE LIQUOR LICENSING AUTHORITY, THE COUNCIL MAY APPOINT ANY OTHERWISE QUALIFIED RESIDENT. UPON THE VACATION OR EXPIRATION OF AN OUT-OF-DISTRICT MEMBER’S INITIAL TERM, THE COUNCIL SHALL NOT REAPPOINT SAID MEMBER UNLESS NO QUALIFIED IN-DISTRICT RESIDENTS HAVE APPLIED FOR THAT SEAT ON THE LIQUOR LICENSING AUTHORITY. In order to stagger the terms of the licensing authority members, one of the first two (2) members REPRESENTING from each council district shall be appointed for a three-year term and one shall be appointed for a two-year term. The length of term for the first licensing authority members shall be determined by lot. Except in the event that a member is appointed to fill a vacancy as provided in subsection (j), all subsequent appointments shall be for three-year terms. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 25th day of February, 2019, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for March 25, 2019, rescheduled to April 8, 2019, continued to April 22, 2019, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2019. SIGNED by the Mayor on this _____ day of ____________, 2019. _________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: February 28, 2019 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2019 – AN ORDINANCE AMENDING SECTIONS 11-51, 11-52, 11-53, 11-56, 11-63, 11-64 AND 17-27 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LICENSING AND USE OF ALCOHOL BEVERAGES AND MAKING ADDITIONAL HOUSEKEEPING REVISIONS TO SAID CODE UPDATING STATUTORY CITATIONS TO CONFORM TO RECENT LEGISLATIVE CHANGES PUBLIC HEARING ORDINANCES FOR 1ST READING (03/11/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/22/2019) RESOLUTIONS (rescheduled from 03/25/2019 and continued from 04/08/2019) QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Consideration of an ordinance updating the Wheat Ridge Code of Laws to reflect amendments to the state’s Liquor and Beer Codes. PRIOR ACTION: At its February 25, 2019 study session, the Council reached consensus to bring this ordinance forward. FINANCIAL IMPACT: N/A BACKGROUND: Over the last few years, the Colorado legislature has adopted a number of bills amending state Liquor and Beer codes, with the effective date being 1/1/2019. Council Action Form - Liquor Code Revisions April 22, 2019 Page 2 Additionally, a bill was passed in 2018 that created a new Title 44, entitled Revenue – Regulation of Activities. This new Title contains the state’s revised liquor laws, formerly located in Title 12, C.R.S., and necessitates updating and making conforming changes to the Wheat Ridge Code of Laws, as it makes numerous references to now out-of-date statutory sections. Non-substantive and other uncontroversial revisions and the updating of new statutory references adopted over the last few years have been included in the attached ordinance. RECOMMENDATIONS: Adopt the attached ordinance on second reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 04-2019, an ordinance amending Sections 11-51, 11-52, 11-53, 11-56, 11-63, 11-64 and 17-27 of the Wheat Ridge Code of Laws concerning the licensing and use of alcohol beverages and making additional housekeeping revisions to said Code updating statutory citations to conform to recent legislative changes on second reading, and that it take effect 15 days after final publication. Or, “I move to postpone indefinitely Council Bill No. 04-2019, an ordinance amending Sections 11-51, 11-52, 11-53, 11-56, 11-63, 11-64 and 17-27 of the Wheat Ridge Code of Laws concerning the licensing and use of alcohol beverages and making additional housekeeping revisions to said Code updating statutory citations to conform to recent legislative changes for the following reason(s): _________________________________________________________________.” REPORT PREPARED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 04-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER KUETER COUNCIL BILL NO. 04 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING SECTIONS 11-51, 11-52, 11- 53, 11-56, 11-63, 11-64 AND 17-27 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LICENSING AND USE OF ALCOHOL BEVERAGES AND MAKING ADDITIONAL HOUSEKEEPING REVISIONS TO SAID CODE UPDATING STATUTORY CITATIONS TO CONFORM TO RECENT LEGISLATIVE CHANGES WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council has previously adopted laws governing the regulation of liquor licensing and consumption consistent with state law; and WHEREAS, the Colorado legislature has recently adopted bills amending the Colorado Revised Statutes as they pertain to its liquor code, beer code, and other related codes, and have adopted a new Title 44, entitled “Department of Revenue Activities Regulation Act," which requires conforming changes to the Wheat Ridge Code of Laws; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-51 is amended to read as follows: Sec. 11-51. – Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ALCOHOL BEVERAGE MEANS FERMENTED MALT BEVERAGES OR MALT, VINOUS, OR SPIRITUOUS LIQUORS; EXCEPT THAT ALCOHOL BEVERAGE SHALL NOT INCLUDE CONFECTIONERY CONTAINING ALCOHOL WITHIN THE LIMITS PRESCRIBED BY C.R.S. §25-5-410(1)(i)(II). ATTACHMENT 1 -2- Applicant means and includes: (1) If an individual, OR A HUSBAND AND WIFE, that person OR PERSONS making an application for a license under this chapter; (2) If a partnership, ALLthe partners, ANY OFFICERS, AND ANY MEMBERS owning ten (10) percent or more INTEREST IN of the partnership which is making application for a license under this chapter; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, managerMANAGING OFFICER, and each stockholder owning ten (10) percent or more of the stock of the corporation. ; AND (4) IF AN ASSOCIATION, ORGANIZATION, OR COMPANY NOT LISTED ABOVE, ITS OFFICERS, DIRECTORS, AND ANY OF ITS MEMBERS OWNING A TEN (10) PERCENT OR MORE INTEREST THEREIN. Authority or licensing authority means the liquor licensing authority of the city. FERMENTED MALT BEVERAGE Beer, 3.2 percent means BEER AND ANY OTHER BEVERAGE OBTAINED BY THE FERMENTATION OF ANY INFUSION OR DECOCTION OF BARLEY, MALT, HOPS, OR ANY SIMILAR PRODUCT OR ANY COMBINATION THEREOF IN WATER CONTAINING NOT LESS THAN ONE-HALF OF ONE any fermented malt beverages as herein defined containing not more than three point two (0.5 3.2) percent of alcohol by VOLUME weight. Immediate family means spouse, mother, father, children, brothers, sisters, mother-in-law, father-in-law, brothers-in-law, or sisters-in-law. Investigator means a member of the Wheat Ridge Police Department. Malt liquors INCLUDES means beer and MEANS any other beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar products, or any combination thereof, in water, containing NOT LESS THAN ONE-HALF OF ONE more than three point two(0.5 3.2) percent of alcohol by VOLUME weight. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this chapter. Medicinal liquors means any liquor sold by a duly licensed pharmacist or drugstore solely on a bona fide doctor's prescription. Operator means a person licensed by law to sell FERMENTED MALT BEVERAGES OR malt, vinous, or spirituous liquors, other than medicinal liquors, for beverage purposes at retail, and who is engaged at any time during the calendar year in such operation in the city. Spirituous liquors means any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, POWDERED ALCOHOL, and every liquid or solid, patented -3- or not, containing AT LEAST ONE-HALF OF ONE PERCENT alcohol BY VOLUME and which IS are fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as above provided IN THIS SECTION, shall not be construed to be FERMENTED MALT OR malt or vinous liquors, but shall be construed to be spirituous liquors. Vinous liquors means wines, INCLUDING SAKE, and fortified wines THAT: (1) CONTAIN NOT LESS THAN ONE- HALF OF ONE (0.5) PERCENT AND not MORE THAN exceeding twenty-one (21) percent of alcohol by volume; and (2) ARE PRODUCED shall be construed to mean alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar. All other words and phrases used in this chapter shall have the meanings attached by the Colorado Statutes regulating the sale of ALCOHOL BEVERAGES liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Section 2. Section 11-52 is amended to read as follows: Sec. 11-52. - Purpose. In pursuance of the authority conferred by C.R.S. Aarticles 3, 4 AND 5 46, 47 and 48 of Title 44 12, C.R.S., 1997 Volume, this chapter is enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the city by regulating, controlling and licensing the sale of malt, vinous or spirituous liquors and fermented malt beverages. Section 3. Subsection 11-53 (b) is amended to read as follows: Sec. 11-53. - Governance by state laws, rules and regulations. (b) Notwithstanding the provisions in subsection (a) to the contrary, the distance restrictions imposed by C.R.S. § 44-3-313(1)(d) 12-47-313(1)(d)(I) prohibiting the sale of ALCOHOL BEVERAGES malt, vinous or spirituous liquor within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary, are eliminated for all hotel and restaurant licenses, beer and wine licenses, brew pub licenses, DISTILLERY PUB LICENSES, arts licenses, and vintner's restaurant licenses issued pursuant to this article. Section 4. Section 11-56 is amended to read as follows: Sec. 11-56. - Alcohol beverage tastings. (a) Subject to the limitations of this section, alcohol beverage tastings are permitted within the city. For the purposes of this section "tastings" means the sampling of malt, vinous, or spirituous liquors that may occur on the premises of a retail liquor store licensee or liquor-licensed drugstore licensee by adult patrons of the licensee pursuant to the provisions of this section and C.R.S. § 44-3-301(10). Section 12-47-301 (10), C.R.S. -4- (b) A retail liquor store or liquor-licensed drugstore licensee who wishes to conduct tastings may submit an application or application renewal for that purpose to the liquor licensing authority. The applicant for a tastings permit shall state on the application the days and times that tastings will occur. The applicant shall give at least twenty-four (24) hours' prior notice to the CITY CLERK’S OFFICE AND THE police department of any deviations in the tastings schedule as set forth in the application. The liquor licensing authority may grant, grant with restrictions, or reject the application if the applicant fails to establish that he or she is able to conduct tastings without violating the provisions of this section, OR C.R.S. § 44-3-301(10) Section 12-47-310(10), CRS, or creating a public safety risk to the neighborhood. The liquor licensing authority shall establish its own application procedure and shall charge a reasonable application fee. The liquor licensing authority may delegate review and decision on the application to its clerk or administrative official. (c) Tastings ARE shall be subject to the following limitations: (1) Tastings shall be conducted only: a. BY A PERSON WHO: HAS by a person who has completed a server training program that meets the standards established by the liquor enforcement division in the department of revenue and IS who is either a retail liquor store licensee or a liquor-licensed drugstore licensee, or A REPRESENTATIVE, EMPLOYEE, OR AGENT OF THE LICENSED WHOLESALER, BREW PUB, DISTILLERY PUB, MANUFACTURER, LIMITED WINERY, IMPORTER, OR VINTNER’S RESTAURANT PROMOTING THE ALCOHOL BEVERAGES FOR THE TASTING; AND an employee of a licensee, and only on a licensee's licensed premises. b. ON A LICENSEE’S LICENSED PREMISES. (2) The alcohol BEVERAGE used in tastings MUST shall be purchased through a licensed wholesaler, licensed brew pub, LICENSED DISTILLERY PUB, or winery licensed pursuant to C.R.S. § 44-3-403 AT A COST THAT IS NOT LESS THAN THE LAID-IN COST OF THE ALCOHOL BEVERAGE Section 12-47-403 CRS. (3) The size of an individual alcohol sample shall not exceed one (1) ounce of malt or vinous liquor or one-half (½) ounce of spirituous liquor. (4) Tastings shall not exceed a total of five (5) hours in duration per day, which need not be consecutive. (5) THE LICENSEE MAY CONDUCT Tastings shall be conducted only during the operating hours in which the licensee on whose -5- premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11:00 a.m. or later than 97:00 p.m. (6) The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. (7) The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises, or shall destroy the samples immediately following the completion of the tasting, OR STORE ANY OPEN CONTAINERS OF UNCONSUMED ALCOHOL BEVERAGES IN A SECURE AREA OUTSIDE THE SALES AREA OF THE LICENSED PREMISES FOR USE AT A TASTING CONDUCTED AT A LATER TIME OR DATE. (8) The licensee shall not serve a person who is under twenty-one (21) years of age or who is visibly intoxicated. (9) The licensee shall not serve more than four (4) individual samples to a patron during a tasting. (10) Alcohol samples shall be in open containers and shall be provided to a patron free of charge. (11) THE LICENSEE MAY CONDUCT Ttastings ONmay occur on no more than four (4) of the six (6) days from a Monday to the following Saturday, not to exceed one hundred FIFTY-SIX four (156 104) days per year. (12) No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer's products being sampled at a tasting. The RETAIL LIQUOR STORE OR LIQUOR-LICENSED DRUGSTORE licensee shall bearS the financial and all other responsibility for a tasting CONDUCTED ON ITS LICENSED PREMISES. (D13) A violation of a limitation specified in this section, OR C.R.S. § 44-3-301(10) Section 12-47-301(10) CRS or Section 12-47-801 (CRS) by a retail liquor store or LIQUOR-LICENSED drug licensee, whether by THE LICENSEE'S his or her employees, agents, or otherwise, shall be OR BY A REPRESENTATIVE, EMPLOYEE, OR AGENT OF THE LICENSED WHOLESALER, BREW PUB, DISTILLERY PUB, MANUFACTURER, LIMITED WINERY, IMPORTER, OR VINTNER'S RESTAURANT THAT PROMOTED THE ALCOHOL BEVERAGES FOR TASTING, IS the responsibility of, AND C.R.S. 44-3-801 APPLIES TO, the retail liquor store or liquor-licensed drugstore licensee THAT CONDUCTED who is conducting the tasting. -6- (E14) A retail liquor store or liquor-licensed drugstore licensee conducting a tasting shall be subject to the same revocation, suspension, and enforcement provisions as otherwise apply to the licensee. (F) NOTHING IN THIS SECTION SHALL AFFECT THE ABILITY OF A COLORADO WINERY LICENSED PURSUANT TO C.R.S. § 44-3-402 OR 44-33-403 TO CONDUCT A TASTING PURSUANT TO THE AUTHORITY OF C.R.S. §44-3-402(2) OR 44-3-403(2)(e). Section 5. Section 11-63 is amended to read as follows: Sec. 11-63. - Classification of operators. The business of selling at retail any FERMENTED MALT BEVERAGE OR three point two (3.2) percent beer, malt, vinous or spirituous liquor other than medicinal liquors for beverage purposes is hereby defined and separately classified as such occupation for the purpose of this chapter as follows: (1) Class "C" operators. All operators licensed to sell ALCOHOL BEVERAGES malt, vinous or spirituous liquors as clubs are Class "C" operators. (2) Class "D" operators. All operators licensed as retail stores to sell in original containers ALCOHOL BEVERAGES, malt, vinous or spirituous liquors for consumption off the premises shall be Class "D" operators. (3) Class "E" operators. All operators licensed as drugstores to sell ALCOHOL BEVERAGES malt, vinous or spirituous liquors in original containers for consumption off the premises shall be Class "E" operators. (4) Class "F" operators. All operators licensed to sell malt or vinous liquors only by the drink for consumption on the premises shall be Class "F" operators. (5) Class "G" operators. All operators who are licensed to sell ALCOHOL BEVERAGES beer, wine and spirituous liquors for consumption on the premises either as BREW PUBS, DISTILLERY PUBS, VINTNER'S RESTAURANTS, hotels AND/or restaurants shall be Class "G" operators. (6) Class "J" operators. All operators licensed to sell only FERMENTED MALT BEVERAGE three point two (3.2) percent beer shall be classified as follows: a. Class "J1" operators. All operators licensed to sell or selling FERMENTED MALT BEVERAGE three point two (3.2) percent beer for consumption off the premises of the licensee shall be Class "J1" operators. b. Class "J2" operators. All operators licensed to sell or selling FERMENTED MALT BEVERAGE three point two (3.2) percent -7- beer for consumption on the premises of the licensee shall be Class "J2" operators. c. Class "J3" operators. All operators licensed to sell or selling three point two (3.2) percent beer for consumption both on and off the premises of the licensee shall be Class "J3" operators. (7) Class "T" operators. All operators selling ALCOHOL BEVERAGES malt, vinous or spirituous liquors, by the drink, only for consumption on the premises; and such operators shall have available for consumption on the premises during business hours, sandwiches and light snacks; but they need not have meals available for consumption. Section 6. Section 11-64 is amended to read as follows: Sec. 11-64. - Amount of tax levied. There is hereby levied and assessed for each year an annual occupation tax upon the business of selling ALCOHOL BEVERAGES three point two (3.2) percent beer, malt, vinous or spirituous liquors, except medicinal liquors, in the city, as such occupation has been herein classified as follows: (1) For all Class "G" operators, nine hundred dollars ($900.00). (2) For all Class "F" operators, six hundred dollars ($600.00). (3) For all Class "D" operators, six hundred fifty dollars ($650.00). (4) For all Class "E" operators, six hundred dollars ($600.00). (5) For all Class "C" operators, nine hundred dollars ($900.00). (6) For all Class "J-1" operators, seven hundred dollars ($700.00). (7) For all Class "J-2" operators, seven hundred dollars ($700.00). (8) For all Class "J-3" operators, two thousand two hundred dollars ($2,200.00). (9) For all Class "T" operators, one thousand three hundred dollars ($1,300.00). Section 7. Section 17-27 is amended to read as follows: Sec. 17-27. – ALCOHOL Alcoholic beverages. (a) The storage, sale or consumption of any ALCOHOL BEVERAGE malt, vinous or spirituous liquors, as defined by the Colorado Liquor Code, is prohibited in any park, recreation area or recreation building within the city except as specifically provided herein or as may be authorized pursuant to a special event permit issued by the city in accordance with C.R.S., Aarticle 5 48, Ttitle 12 44. NOTWITHSTANDING THE FOREGOING, TThe consumption and/or storage of ANY fermented malt beverages is permitted in any park or recreation area within the city so long as, and only so long as, such fermented malt beverage has been purchased in a manner -8- authorized, and is being consumed by persons permitted, by applicable state law. It shall be unlawful to sell any fermented malt beverage within any park or recreation area within the city unless such sales are made pursuant to a special event permit granted by the city and unless such sales are made in accordance with the Colorado Beer Code. (b) Storage and consumption of fermented malt BEVERAGE and vinous liquor is permitted at the Wheat Ridge Senior/Community Center, the Wheat Ridge Recreation Center and the Richards-Hart Estate in conjunction with an event sanctioned and authorized by the director; and provided further that such alcoholic beverages are neither sold to, served to, or consumed by any person not authorized by the Colorado Liquor Code or the Code of Laws of the City of Wheat Ridge to possess or consume such alcoholic beverages. The director is hereby authorized to establish rules for serving and consumption of alcoholic beverages at the Richards-Hart Estate, the Wheat Ridge Senior/Community Center, and the Wheat Ridge Recreation Center. Section 8. The revisions described in Exhibit A, attached hereto and incorporated herein by this reference, shall be included in the codification of the Wheat Ridge Code of Laws in order to conform various cross-references to the Colorado Revised Statutes and to delete obsolete provisions. Section 9. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 10. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. -9- INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 11th day of March, 2019, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for March 25, 2019, rescheduled to April 8, 2019, continued to April 22, 2019, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2019. SIGNED by the Mayor on this _____ day of ____________, 2019. ATTEST: Bud Starker, Mayor Janelle Shaver, City Clerk Approved as to Form: Gerald E. Dahl, City Attorney First Publication: March 14, 2019; April 11, 2019 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us -10- EXHIBIT A to Wheat Ridge City Council Ordinance No. _______, Series 2019, Amending Sections 11-51, 1-52, 11-53, 11-56, 11-63, 11-64 and 17-27 of the Wheat Ridge Code of Laws Concerning the Licensing and Use of Alcohol Beverages and Making Additional Housekeeping Revisions to said Code Updating Statutory Citations to Conform to Recent Legislative Changes In addition to the revisions/updates to the Wheat Ridge Liquor code in Sections 11-51, 11-52, 11-53,11-56, 11-63, 11-64 and 17-27, the following code sections will be updated as follows: Sections Current reference Revised to Read 3-20(b) Title 12, Article 46 or Article 47 Title 44, Article 4 or Article 3 9-22. Definitions Bar Article 47 of Title 12 Articles 3 and 4 of Title 44 11-52.5(a), (f) and (h) articles 46, 47 and 48 of Title 12 Articles 3, 4 and 5 of Title 44 11-250. Definitions Alcohol beverage §§12-46-103 and 12-47-103 §§44-4-103 and 44-3-103 11-290(7) Article XVIII Section 14 of the Colorado Constitution Article XVIII Section 14 of the Colorado Constitution and C.R.S. §44-11-301 et seq. (concerning municipal authority to license and regulate medical marijuana) 11-291. Definitions Colorado Medical Marijuana Code Licensee Medical marijuana center Medical marijuana testing facility Medical marijuana-infused product manufacturer Optional premises cultivation operation C.R.S., tit. 12, art.43.3 §12-43.3-402 §12-43.3-402 §12-43.3-405 and 408(1)(a) §12-43.3-404 §12-43.3-403 C.R.S., Title 44. Article 11 §44-11-402 §44-11-402 §44-11-405 and 408(1)(a) §44-11-404 §44-11-403 11-298(b) §12-43.3-302 §44-11-302 11-400(f) §12-43.4-101 et seq. §44-12-101 et seq. -11- 11-401. Definitions Colorado Medical Marijuana Code Colorado Retail Marijuana Code Licensee Medical marijuana center Medical marijuana testing facility Medical marijuana-infused product manufacturer Optional premises cultivation operation Retail marijuana cultivation facility Retail marijuana products manufacturer Retail marijuana store Retail marijuana testing facility State licensing authority Article 43.3 of Title 12 of the Colorado Revised Statutes Article 43.4 of Title 12 of the Colorado Revised Statutes §12-43.4-401 §12-43.3-402 §12-43.3-405 and 408(1)(a) §12-43.3-404 §12-43.3-403 §12-43.4-403 §12-43.4-404 §12-43.4-402 §12-43.4-405 and §12-43.3-408(1)(a) §12-43.4-201 C.R.S., Title 44. Article 11 C.R.S., Title 44, Article 12 §44-12-402 §44-11-402 §44-11-405 and 408(1)(a) §44-11-404 §44-11-403 §44-12-403 §44-12-404 §44-12-402 §44-12-405 and §44-11-408(1)(a) §44-12-201 11-408(b) §12-43.4-412 §44-12-302 15-34. Definitions Proscribed act(s) –(2) --(9) --(10) --(11) gambling on premises, C.R.S. § 18-10- 102(7) §§12-46-101 and 12-47-101 §12-25.5-101 et seq. A violation of any provision of the Colorado Massage Parlor Code, C.R.S. § 12-48.5-101, et seq. gambling, C.R.S. § 18-10-102(2) §§44-4-101 and 44-3-101 §29-11.8-101 et seq. [DELETE – Massage Parlor Code has been repealed.] 16-127(h)(1) Article 46, 47 or 48 of Title 12 Article 3, 4 or 5 of Title 44 16-177(a)(4)a. and (d) Article 46, 47 or 48 of Title 12 Article 3, 4 or 5 of Title 44 16-227(a)(5) “WARNING” “AND ARTICLE 48.5 OF TITLE 12, COLORADO REVISED STATUTES” [DELETE as Colo. Massage Code has been repealed.] 16-235(2) C.R.S.Title 12, Article 59 C.R.S. Title 23, Article 64 17-42 Article 48, title 12 Article 5, Title 44 ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 24-2019 – A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT WITH RIGHT OF WAY DEDICATION FOR PROPERTY ZONED MIXED USE- COMMERCIAL TRANSIT ORIENTED DEVELOPMENT (MU-C TOD) AND LOCATED AT 5060 WARD ROAD (CASE NO. WS-18-06 / RIDGE AT WARD STATION) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a major subdivision for a 13-acre property located at 5060 Ward Road adjacent to the Wheat Ridge · Ward commuter rail station. The purpose of this subdivision request is to establish lot lines, tracts, easements, and right-of-way dedications for a 200-unit townhome and live/work development. PRIOR ACTION: Planning Commission heard this request at a public hearing on April 4, 2019 and gave a recommendation of approval for the subdivision plat for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. Council Action Form – 5060 Ward Road Subdivision April 22, 2019 Page 2 With the following conditions: 1. The applicant shall enter into a development covenant prior to recordation of the subdivision plat and subsequently into a subdivision improvement agreement. 2. Prior to issuance of building permits, the applicant shall enter into a subdivision improvement agreement and shall provide homeowner’s association covenants for review and approval by staff. 3. Prior to issuance of building permits, the applicant shall pay the required fees-in-lieu of parkland dedication. Attached is a copy of the Planning Commission staff report, which provides a detailed description of the application. Draft meeting minutes are also attached. FINANCIAL IMPACT: Fees in the amount of $3,726 were collected for the review and processing of Case No. WS-18-06. Fees in lieu of parkland dedication will be due prior to issuance of building permits. Permit fees and use tax will be paid for each townhome building permit and for all site work and right- of-way permits. BACKGROUND: The subject property is located in the far northwest corner of the City, immediately northwest of RTD’s Wheat Ridge · Ward commuter rail station. The site is L-shaped and is bounded by Ward Road on the west, W. 52nd Avenue on the north, and Ridge Road on the south. The entire site is currently vacant and consists of several parcels, totaling approximately 13.6 acres. The site was rezoned from Planned Industrial Development (PID) and Light Industrial (I) to MU-C TOD by City Council in July 2012. The zone district is intended for property within one- half mile of light rail and commuter rail stations and is specifically designed to allow densities that support transit ridership and encourage land uses and building form that enhance connections to transit. The surrounding properties include a variety of zoning designations and land uses, with industrial and commercial uses adjacent to the northeast and south, the commuter rail station parking lot immediately to the east, and residential development beyond. The site is currently owned by a single landowner, and the applicant, Toll Southwest LLC (dba Toll Brothers), is under contract to purchase the property. The site was the former location of the Jolly Rancher factory which closed in 2002. The buildings were demolished over time between 2004 and 2012, and the site has been unused and vacant since then. The property is the subject of several related applications, including a concept plan and site plan, both of which are subject to administrative review under the MU-C TOD zoning. A metropolitan district and associated service plan were originally approved for the property in 2012. Because of changes in the land use concepts, an updated service plan will be presented to City Council on May 6th. Council Action Form – 5060 Ward Road Subdivision April 22, 2019 Page 3 Key components of the subdivision are described below. The plat document and additional detail are included in the attached Planning Commission staff report. Proposed Plat The proposed subdivision is comprised of eight sheets and establishes 201 lots, 50 tracts, and three new public streets—W. 51st Avenue, Vivian Street, and Union Street. The new street grid furthers the City’s vision for a walkable station area, and perimeter right-of-way dedications allow for construction of detached sidewalk on W. 52nd Avenue, Ward Road, and Ridge Road. The lot layout provides 200 townhome lots and one larger lot at the southeast corner which is sized for commercial or mixed use development. The townhomes will be alley loaded. Those alleys will be privately owned and are among the 50 tracts being created. The other tracts provide for common areas, utilities, drainage features, easements, and open space amenities. Tracts U and W are among the largest and are designed to accommodate a privately maintained, publicly accessible pocket park and linear park/paseo. These are consistent with the City’s 2015 Northwest Subarea Plan, which calls for a park within the station area, and with the 2016 Wheat Ridge Ward Station Vision Plan that calls for recreational infrastructure including a linear park. The size of these amenities do not entirely fulfill the City’s parkland dedication requirement, so a fee will be owed as well and is a condition of approval. Because of the large size of the property, the existing topography, and the historic flows across the site, the project includes two separate drainage facilities. Six tracts are identified as having a drainage purpose. Two underground detention chambers are proposed to provide water quality and detention; they will be located underneath the linear park/paseo (Tract U) and below the southernmost alley (Tract E). All stormwater will be conveyed into the existing storm sewer within Ridge Road and be conveyed to the regional detention pond to the east at Ridge Road and Robb Street. Required Agreements The applicant is responsible for installing all public improvements, including the drainage system, the streetscape improvements, the new streets, utilities and the open space. These obligations will ultimately be memorialized in a subdivision improvement agreement (SIA) between the City and developer. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to the completion of public improvements. Because the metropolitan district is expected to have a role in the funding, construction, and/or maintenance of some of these elements and because the metro district service plan requires an update, a development covenant will be used in addition to an SIA. A condition of approval is included to this effect. The development covenant obligates the developer to complete the improvements, but does not include the same specificity as the SIA. The covenant is recorded with the plat and will allow the developer to close on the property, take control of the metro district, and update the metro district service plan. Shortly thereafter, the SIA will be completed with the metro district as a party to Council Action Form – 5060 Ward Road Subdivision April 22, 2019 Page 4 the agreement. This sequencing of agreements is permitted by the subdivision regulations and is common for larger developments. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and is consistent with the MU-C TOD zoning. For that reason, staff is recommending approval of the request. RECOMMENDED MOTION: “I move to approve Resolution No. 24-2019, a resolution approving a major subdivision for property located at 5060 Ward Road, for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following conditions: 1. The applicant shall enter into a development covenant prior to recordation of the subdivision plat and subsequently into a subdivision improvement agreement. 2. Prior to issuance of building permits, the applicant shall enter into a subdivision improvement agreement and shall provide homeowner’s association covenants for review and approval by staff. 3. Prior to issuance of building permits, the applicant shall pay the required fees-in-lieu of parkland dedication. Or, “I move to deny Resolution No. 24-2019, a resolution approving a major subdivision for property located at 5060 Ward Road, for the following reasons: 1. 2. 3. ” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager Council Action Form – 5060 Ward Road Subdivision April 22, 2019 Page 5 ATTACHMENTS: 1. Resolution No. 24-2019 2. Planning Commission Staff Report 3. Draft Planning Commission Minutes CITY OF WHEAT RIDGE, COLORADO Resolution No. 24 Series of 2019 TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT WITH RIGHT OF WAY DEDICATION FOR PROPERTY ZONED MIXED USE-COMMERCIAL TRANSIT ORIENTED DEVELOPMENT (MU-C TOD) AND LOCATED AT 5060 WARD ROAD (CASE NO. WS-18-06 / RIDGE AT WARD STATION) WHEREAS, Chapter 26, Articles I and IV of the Wheat Ridge Code of Laws establish the procedures for the City’s review and approval of variance requests and subdivision plats; and, WHEREAS, an application for a subdivision plat was received from Toll Southwest LLC to subdivide property for townhome development located at 5060 Ward Road in the Mixed Use-Commercial Transit Oriented Development zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the property; and, WHEREAS, all required publishing, posting and notification requirements for an April 22, 2019 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A MAJOR SUBDIVISION PLAT WITH RIGHT OF WAY DEDICATION FOR PROPERTY ZONED MIXED USE-COMMERCIAL TRANSIT ORIENTED DEVELOPMENT (MU-C TOD) LOCATED AT 5060 WARD ROAD IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. And, with the following conditions: 1. The applicant shall enter into a development covenant prior to recordation of the subdivision plat and subsequently into a subdivision improvement agreement. ATTACHMENT 1 2. Prior to issuance of building permits, the applicant shall enter into a subdivision improvement agreement and shall provide homeowner’s association covenants for review and approval by staff. 3. Prior to issuance of building permits, the applicant shall pay the required fees-in-lieu of parkland dedication. DONE AND RESOLVED by the City Council this 22nd day of April 2019. _____________________________ William “Bud” Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Planning Commission 1Case No. WS-18-06 / The Ridge at Ward Station CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: April 4, 2019 CASE NO. & NAME: WS-18-06 / The Ridge at Ward Station ACTION REQUESTED: Request for approval of a major subdivision for a 200-unit townhome development on property zoned Mixed Use-Commercial Transit Oriented Development (MU-C TOD) LOCATION OF REQUEST: 5060 Ward Road APPLICANT(S): Toll Southwest, LLC PROPERTY OWNER(S): Applicant is under contract; current owner is IBC Denver, II, LLC APPROXIMATE AREA: 593,903 Square Feet (13.6 Acres) PRESENT ZONING: Mixed Use-Commercial Transit Oriented Development (MU-C TOD) PRESENT LAND USE: Vacant land ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X) ZONING ORDINANCE & SUBDIVISION REGS (X)DIGITAL PRESENTATION LOCATION MAP ATTACHMENT 2 Planning Commission 2 Case No. WS-18-06 / The Ridge at Ward Station All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a major subdivision that includes right-of-way dedication and creates 201 lots and 50 tracts. The property is zoned Mixed Use-Commercial Transit Oriented Development (MU-C TOD). It is located at 5060 Ward Road at the southeast corner of Ward and W. 52nd Avenue and is the location of the former Jolly Rancher factory. The purpose of the request is to prepare the site for a 200-unit townhome development. Because of the dedication of new public streets and based on the number of lots being created, the plat is processed as a major subdivision. In this case, Planning Commission will make a recommendation to City Council, which is the final authority for approval of a major subdivision. The property is the subject of several related land use applications and agreements that are not under consideration by the Planning Commission. These include the following: • Concept Plan—A concept plan is required in a mixed use zone district for any phased development or for any projects over 10 acres in size. The neighborhood meeting required for the concept plan was held in April 2018. A concept plan for development is being reviewed. All concept plans in mixed use zone districts are reviewed administratively. • Site Plan—Each building or phase of development in a mixed use zone district requires site plan review to confirm compliance with the City’s adopted zoning and design codes. Staff is reviewing site plans for the town home portion of the development. All site plans in mixed use zone districts are reviewed administratively. • Metro District Service Plan—A metropolitan district and associated service plan were approved for the property in 2012. Because of changes in the land use concepts and financial analysis, an updated service plan will be presented to City Council. While these applications are related, they are not part of the platting request and should not influence the Planning Commission’s recommendation on the subdivision. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm property boundaries, access, rights-of-way, easements, and utility service in order to create developable parcels. II. EXISTING CONDITIONS The subject property is located in the far northwest corner of the City, immediately northwest of RTD’s Wheat Ridge · Ward commuter rail station. The site is L-shaped and is bounded by Ward Road on the west, W. 52nd Avenue on the north, and Ridge Road on the south (Exhibit 1, Aerial). The entire site is currently vacant and consists of several parcels, totaling approximately 13.6 acres. The property is zoned Mixed Use-Commercial Transit Oriented Development (MU-C TOD), a zone district which is intended for areas within one-half mile of light rail and commuter rail stations. The MU-C TOD zone district follows the MU-C framework but is specifically designed to allow densities that support transit ridership and to encourage land uses and building form that enhance connections to transit. The site was rezoned from Planned Industrial Development (PID) and Light Industrial (I) to MU-C TOD by City Council in July 2012. Planning Commission 3 Case No. WS-18-06 / The Ridge at Ward Station The properties in the area include a variety of zoning designations and land uses (Exhibit 2, Zoning). A Conoco gas station is located at the corner of Ward Road and W. 52nd Avenue and a variety of light industrial uses are adjacent to the northeast and south. These are zoned PID and Industrial- Employment (I-E) and include manufacturing uses, RV storage, boat storage, a landscape contractor, CrossFit, and auto repair among others. To the east is RTD’s surface parking lot and beyond that are residential uses. The nearby residential uses include the Hance Ranch townhome project at 52nd between Taft and Tabor Streets which is zoned MU-N and expected to be under construction this spring. The property at Ridge between Taft and Tabor Streets is zoned MU-C TOD and is being explored for an apartment use. Beyond these to the west the land uses transition to lower-density residential uses. Ward Road and W. 52nd Avenue represent the City’s boundary and across these streets are properties within unincorporated Jefferson County and the City of Arvada (Exhibit 1, Aerial). The site is currently owned by a single landowner and is comprised of several unplatted parcels. The applicant, Toll Southwest LLC (dba Toll Brothers), is under contract to purchase the property. The site was the former location of the Jolly Rancher factory. The business closed at this location in 2002 when it was purchased by Hershey Foods. The buildings were demolished over time between 2004 and 2012. The site has been unused and vacant since the closure and demolition. The station area in general is identified in the City’s comprehensive plan, Envision Wheat Ridge, as a high priority redevelopment area. The subject property is the largest parcel under single ownership and is widely recognized as an underutilized and potentially catalytic development site. If the subdivision is approved, the applicant intends to develop 200 townhomes in four (4) phases. The applicant is serving as the master developer and will be responsible for public improvements in and around the property. III. PROPOSED SUBDIVISION PLAT The proposed subdivision plat is comprised of eight (8) sheets (Exhibit 3, Proposed Plat), and is organized as follows: • The cover sheet includes the legal description and signature blocks. • Sheets 2 and 3 includes standards notes and declarations as well as tract and lot summary tables. • Sheet 4 depicts the existing conditions and is used to remove the existing parcel lines. • Sheet 5 depicts the proposed conditions for the overall site and dedicates new public streets within the site and additional right-of-way around the perimeter. • For readability, the proposed subdivision design is shown at a larger scale on Sheets 6, 7 and 8 which depict bearings and details for all lots, tracts, and easements. Important features of the plat are further described below. Perimeter Right-of-Way (ROW) When new properties are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway design standards. Street and sidewalk widths are inadequate on 52nd Avenue, Ward Road, and Ridge Road, so additional right-of-way is proposed to be dedicated along the entire perimeter of the site. The widths of these perimeter ROW dedications are Planning Commission 4 Case No. WS-18-06 / The Ridge at Ward Station sized to accommodate detached sidewalks and tree lawns. Ridge Road would also accommodate on-street parking. Interior Circulation and Right-of-Way The subdivision plat includes dedication of three new public streets—W. 51st Avenue, Vivian Street, and Union Street—the designs and alignment for which further the City’s vision for a walkable station area. The station area has long been dominated by industrial land uses. The arrival of the RTD commuter rail and Wheat Ridge · Ward Station have resulted in several planning efforts that call for a broad mix of uses and a more complete and walkable street grid. In addition, the mixed use zoning has block length standards that identify 1600 to 1800 linear feet as the preferred block size perimeter. This dimensional standard is scaled to the pedestrian and based on comfortable walking distance. The proposed street design and block sizes shown on the plat were largely dictated by the limited depth of the site and the established sizes of townhomes and alleys. All three complete blocks created by this plat are well within zoning standards: • Northwest block perimeter (bounded by 52nd, Ward, 51st and Vivian) = 1502 feet • Southwest block perimeter (bounded by 51st, Ward, Ridge, and Vivian) = 1048 feet • Southeast block perimeter (bounded by 51st, Vivian, Ridge, and Union) = 1377 feet The curvilinear design of the street grid meets the City’s desire for connectivity and provides a more residential character for this new neighborhood. The new streets within the site (51st Avenue and Vivian Street) would have detached sidewalk and on-street parking. Union Street, on the east side of the property, is dedicated but will dead-end unless and until additional properties develop further to the north. The alignment of 51st Avenue at Ward is subject to CDOT approval because Ward Road is a state highway. The applicant is working with CDOT to obtain the appropriate access permits. CDOT will require that a third lane be constructed on Ward to serve as an acceleration and deceleration lane. This access point will not be signalized and will be limited to a three-quarters movement that prohibits a left turn movement out of the site. The location of Vivian Street at 52nd Avenue has been designed to align with the existing Vivian Street to the north. The location of Vivian Street at Ridge is roughly mid-block; there are no existing streets with which to align. The total area of ROW dedication—including interior and perimeter dedications—is 3.5 acres in size. The development is proposed to be served by a series of private alleys. These will not be dedicated as public right-of-way and are shown as tracts. Lot Configuration As noted above, the street layout considered the typical dimensions of the townhomes and alleys, and the resulting lot configuration results in a logical layout. All existing parcel lines are proposed to be vacated (shown on Sheet 3), and a total of 201 development lots are proposed to be created. Two hundred (200) are sized appropriately for proposed townhomes. The largest lot created by the plat (Block 16, Lot 1) is located at the southeast corner and is sized for commercial or mixed use development. Planning Commission 5 Case No. WS-18-06 / The Ridge at Ward Station The MU-C TOD zone district does not include minimum lot size and lot width requirements, but the proposed lots appear to be shaped and sized appropriately to accommodate future development. Tract Configuration and Easements A series of 50 tracts includes all of the areas within the site that are not otherwise part of the ROW dedication or within the development lots. These tracts include all common areas, utilities, drainage features, alleys, and open space amenities. Tract U and W are among the largest and are designed to accommodate a privately maintained, publicly accessible pocket park and linear park/paseo. These are consistent with the City’s 2015 Northwest Subarea Plan, which calls for a park within the station area, and with the 2016 Vision Plan that calls for recreational infrastructure including a linear park. Because Wheat Ridge is not a full service city, the applicant has been working with the appropriate service providers for wet and dry utility designs. Adequate capacity exists to serve the development. As is customary with a townhome development, easements traverse the site and are often located within alleys. Drainage Because of the large size of the property, the existing topography, and the historic flows across the site, the project includes two separate drainage facilities. Six tracts are identified as having a drainage purpose. Two underground detention chambers are proposed for water quality and detention and will be located within Tract U (below the linear park/paseo) and in Tract E (below the alley). The other tracts include lesser components of the system. All stormwater will be conveyed into the existing storm sewer within Ridge Road and be conveyed to the regional detention pond to the east at Ridge Road and Robb Street. A final drainage report and plan along with civil construction documents are under review and will be finalized with the completion of the site plan application and prior to issuance of any permits. The plat includes appropriate easements for the drainage system, notably on Sheet 2 in Note 8. Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential subdivisions based on the assumption that additional residents in the City will impact the demand for parks and open space. When land is not dedicated for a public park, a fee is required in lieu. Developments in TOD areas are subject to a reduced fee of $2,021.62 per unit. Some of the area of the pocket park and linear park must fulfill minimum open space requirements in the zoning code, but the balance may count toward the parkland dedication requirement. This balance is not expected to fulfill all of the parkland dedication requirement, so a fee will also be owed. These calculations will be determined based on the final site design, and the fee owed will be included in the Subdivision Improvement Agreement. A condition of approval is included to this effect. Development Covenant and Subdivision Improvement Agreement The applicant is responsible for installing all public improvements, including the drainage system, the streetscape improvements, the new streets, utilities and the open space. These obligations will ultimately be memorialized in a Subdivision Improvement Agreement (SIA) between the City and Planning Commission 6 Case No. WS-18-06 / The Ridge at Ward Station developer. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to the completion of public improvements. Because the metropolitan district is expected to have a role in the funding, construction, and/or maintenance of some of these elements and because the metro district service plan requires an update, a Development Covenant will be used in addition to an SIA. A condition of approval is included to this effect. The Development Covenant obligates the developer to complete the improvements, but does not include the same specificity as the SIA. The covenant is recorded with the plat and will allow the developer to close on the property, take control of the metro district, and update the metro district service plan. Shortly thereafter, the SIA will be completed with the metro district as a party to the agreement. This sequencing of agreements is permitted by the subdivision regulations and is common for larger developments. V. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat and regarding the ability to serve the property. The developer will be responsible for any needed upgrades to accommodate future development, and the applicant is in direct contact with the appropriate utility agencies. Specific referral responses follow; agencies are notified that no comment shall be presumed to mean no concerns. Wheat Ridge Public Works: The subdivision plat has been reviewed and approved. Renewal Wheat Ridge: Finds no conflict with urban renewal plans. Wheat Ridge Police: No comments Arvada Fire: Can serve. Arvada Planning & Traffic: Minor comments on site design; the Cities of Wheat Ridge and Arvada continue to coordinate on infrastructure improvements in the station area pursuant to a Memorandum of Understanding and Intergovernmental Agreement. Colorado Department of Transportation: Access on Ward Road will require access permits, and the applicant has applied for these permits. Century Link: No comment. Utility coordination is ongoing. Comcast Cable: No comment. Utility coordination is ongoing. Fruitdale Sanitation: Can serve. Utility coordination is ongoing. Jefferson County Planning: No comments Prospect Park Rec District: No comments RTD: No comments Planning Commission 7 Case No. WS-18-06 / The Ridge at Ward Station Valley Water: Can serve. Utility coordination is ongoing. Xcel Energy: Can serve. Utility coordination is ongoing. VI. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed major subdivision plat complies with the MU-C TOD zone district regulations and results in a logical lot layout for future development. Staff concludes that the subdivision plat complies with the standards in Article IV (subdivision regulations) of the zoning and development code and that all utility agencies can serve the property with improvements installed at the developer’s expense. For these reasons, Staff recommends approval of the plat with the conditions listed below. VII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-18-06, a request for approval of a major subdivision plat on property zoned Mixed Use-Commercial (MU-C) and located at the 5060 Ward Road, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall enter into a development covenant prior to recordation of the subdivision plat and subsequently into a subdivision improvement agreement. 2. Prior to issuance of building permits, the applicant shall enter into a subdivision improvement agreement and shall provide homeowner’s association covenants for review and approval by staff. 3. Prior to issuance of building permits, the applicant shall pay the required fees-in-lieu of parkland dedication. Option B: “I move to recommend DENIAL of Case No. WS-18-06, a request for approval of a major subdivision plat on property zoned Mixed Use-Commercial (MU-C) and located at the 5060 Ward Road, for the following reasons: 1. 2. …” Planning Commission 8 Case No. WS-18-06 / The Ridge at Ward Station The subject property is outlined in blue below; the shaded properties represent those in neighboring jurisdictions including Jefferson County (purple) and Arvada (green). EXHIBIT 1: AERIAL Planning Commission 9 Case No. WS-18-06 / The Ridge at Ward Station EXHIBIT 2: ZONING MAP Planning Commission 10 Case No. WS-18-06 / The Ridge at Ward Station [attached] EXHIBIT 3: PROPOSED PLAT RIDGE RD W 5 2 N D A V E VIVIAN ST. UNION CT. WARD RD. TABOR ST. TAFT CT. R T D P A R K I N G XENON ST. C O M M U T E R R A I L C I T Y O F W H E A T R I D G E C 1 / 4 C O R . S E C . 1 7 E 1 / 4 C O R . S E C . 1 7 C I T Y O F A R V A D A S 1 / 4 C O R . S E C . 1 7 S E C O R . S E C . 1 7 U N I N C O R P O R A T E D J E F F E R S O N C O U N T Y R I D G E R D 1 0 3 3 3 E . D r y C r e e k R d . S u i t e 2 4 0 E n g l e w o o d , C O 8 0 1 1 2 T e l : ( 7 2 0 ) 4 8 2 - 9 5 2 6 C V L I N C . N E T ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’” ’” ’” ’” ’” ’” ’” ’’” ’” ’” ’” ’” ’” ’ ’ ’ ’ ’ ’ ’ ’ S H E E T 1 0 F 8 C O V E R S H E E T ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ “ ” “ ” ” ” ” ” ” ” ” ” ” ” S H E E T I N D E X T Y P E A R E A S H E E T 1 C O V E R S H E E T S H E E T 2 T R A C T A N D L A N D U S E S U M M A R Y S H E E T 3 L O T S U M M A R Y T A B L E S S H E E T 4 E X I S T I N G C O N D I T I O N S S H E E T S 5 - 8 P R O P O S E D C O N D I T I O N S C A S E H I S T O R Y W C P - 1 8 - 0 1 W S - 1 8 - 1 8 - 0 6 W S P - 1 8 - 0 7 R E V I S I O N B L O C K D E S C R I P T I O N D A T E I N I T I A L P R E P A R A T I O N 9 / 1 7 / 2 0 1 8 R E V I S I O N 1 1 1 / 1 3 / 2 0 1 8 R E V I S I O N 2 1 / 2 / 2 0 1 9 R E V I S I O N 3 2 / 1 4 / 2 0 1 9 1 0 3 3 3 E . D r y C r e e k R d . S u i t e 2 4 0 E n g l e w o o d , C O 8 0 1 1 2 T e l : ( 7 2 0 ) 4 8 2 - 9 5 2 6 C V L I N C . N E T S H E E T 2 0 F 8 T R A C T A N D L A N D U S E S U M M A R Y L A N D U S E S U M M A R Y C H A R T T Y P E A R E A A R E A % O F T O T A L A R E A T O W N H O U S E L O T S 5 . 6 8 5 A C . 2 4 7 , 6 4 7 S . F . 4 1 . 6 9 % B L O C K 1 6 , L O T 1 0 . 2 2 5 A C . 9 , 7 8 4 S . F . 1 . 6 5 % O P E N S P A C E / U T I L I T I E S 1 . 1 7 8 A C . 5 1 , 2 9 6 S . F . 8 . 6 4 % A C C E S S / U T I L I T I E S 1 . 7 6 9 A C . 7 7 , 0 6 9 S . F . 1 2 . 9 8 % D R A I N A G E 1 . 2 4 5 A C . 5 4 , 2 5 1 S . F . 9 . 1 3 % R O A D R I G H T O F W A Y 3 . 5 3 2 A C . 1 5 3 , 8 5 6 S . F . 2 5 . 9 1 % T O T A L 1 3 . 6 3 4 A C . 5 9 3 , 9 0 3 S . F . 1 0 0 % M I N , M A X , A N D A V E R A G E L O T S I Z E T Y P E S Q . F T . A R E A M I N I M U M L O T S I Z E 1 , 1 3 6 S . F . 0 . 0 2 6 A C . M A X I M U M L O T S I Z E 2 , 4 6 7 S . F . 0 . 0 5 7 A C . A V E R A G E L O T S I Z E 1 , 2 3 8 S . F . 0 . 0 2 9 A C . B L O C K 1 6 , L O T 1 9 , 7 8 4 S . F . 0 . 2 2 5 A C . NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502NORTH AMERICAN VE R T I C A L D A T U M O F 1 9 8 8 (NAVD88)0.99974780300PHAC 1PH A C 1 : N O R T H I N G : 1 7 0 1 2 5 8 . 7 5 , EASTING: 3118217.58, ELEVATION 5471.62 (NAVD 88). T R A C T S U M M A R Y T A B L E T R A C T A R E A A R E A U S E A 0 . 1 3 3 A C . 5 , 7 8 3 S . F . U T I L I T I E S / A C C E S S / E M E R G E N C Y A C C E S S B 0 . 3 8 7 A C . 1 6 , 8 7 8 S . F . U T I L I T I E S / A C C E S S / E M E R G E N C Y A C C E S S C 0 . 4 9 3 A C . 2 1 , 4 7 5 S . F . U T I L I T I E S / A C C E S S / E M E R G E N C Y A C C E S S D 0 . 4 6 8 A C . 2 0 , 4 0 1 S . F . U T I L I T I E S / A C C E S S / E M E R G E N C Y A C C E S S E 0 . 2 8 3 A C . 1 2 , 3 2 1 S . F . D R A I N A G E / A C C E S S / E M E R G E N C Y A C C E S S / U T I L I T I E S E - 1 0 . 0 3 4 A C . 1 , 4 8 2 S . F . U T I L I T I E S / A C C E S S / E M E R G E N C Y A C C E S S E - 2 0 . 0 1 2 A C . 5 2 0 S . F . U T I L I T I E S / A C C E S S / E M E R G E N C Y A C C E S S F 0 . 0 8 1 A C . 3 , 5 1 0 S . F . U T I L I T I E S / A C C E S S / E M E R G E N C Y A C C E S S G 0 . 0 8 1 A C . 3 , 5 1 0 S . F . U T I L I T I E S / A C C E S S / E M E R G E N C Y A C C E S S H 0 . 0 8 1 A C . 3 , 5 1 0 S . F . U T I L I T I E S / A C C E S S / E M E R G E N C Y A C C E S S I 0 . 0 3 8 A C . 1 , 6 3 6 S . F . O P E N S P A C E / U T I L I T I E S J 0 . 0 1 2 A C . 5 1 2 S . F . O P E N S P A C E / U T I L I T I E S K 0 . 0 1 2 A C . 5 2 5 S . F . O P E N S P A C E / U T I L I T I E S L 0 . 1 5 9 A C . 6 , 9 4 4 S . F . O P E N S P A C E / U T I L I T I E S M 0 . 0 1 8 A C . 7 8 7 S . F . O P E N S P A C E / U T I L I T I E S N 0 . 0 1 2 A C . 5 2 8 S . F . O P E N S P A C E / U T I L I T I E S O 0 . 0 0 7 A C . 2 9 9 S . F . O P E N S P A C E / U T I L I T I E S P 0 . 0 5 0 A C . 2 , 1 7 8 S . F . D R A I N A G E / O P E N S P A C E Q 0 . 0 3 2 A C . 1 , 4 0 2 S . F . O P E N S P A C E / U T I L I T I E S R 0 . 0 1 3 A C . 5 7 8 S . F . O P E N S P A C E / U T I L I T I E S S 0 . 0 2 0 A C . 8 5 2 S . F . O P E N S P A C E / U T I L I T I E S T 0 . 1 6 0 A C . 6 , 9 5 3 S . F . O P E N S P A C E / U T I L I T I E S U 0 . 3 4 7 A C . 1 5 , 1 3 6 S . F . D R A I N A G E / O P E N S P A C E U - 1 0 . 0 6 0 A C . 2 , 5 9 5 S . F . O P E N S P A C E / U T I L I T I E S U - 2 0 . 0 5 9 A C . 2 , 5 6 2 S . F . O P E N S P A C E / U T I L I T I E S U - 3 0 . 0 5 9 A C . 2 , 5 5 7 S . F . O P E N S P A C E / U T I L I T I E S U - 4 0 . 0 5 9 A C . 2 , 5 6 1 S . F . O P E N S P A C E / U T I L I T I E S V 0 . 0 1 8 A C . 8 0 1 S . F . O P E N S P A C E / U T I L I T I E S W 0 . 5 0 8 A C . 2 2 , 1 1 3 S . F . D R A I N A G E / O P E N S P A C E W - 1 0 . 0 1 4 A C . 6 0 8 S . F . O P E N S P A C E / U T I L I T I E S W - 2 0 . 0 1 8 A C . 7 6 5 S . F . O P E N S P A C E / U T I L I T I E S X 0 . 0 1 2 A C . 5 3 4 S . F . O P E N S P A C E / U T I L I T I E S Y 0 . 0 2 2 A C . 9 6 9 S . F . O P E N S P A C E / U T I L I T I E S Z 0 . 0 0 7 A C . 2 9 3 S . F . O P E N S P A C E / U T I L I T I E S A A 0 . 0 0 7 A C . 3 1 7 S . F . O P E N S P A C E / U T I L I T I E S B B 0 . 0 1 8 A C . 7 9 8 S . F . O P E N S P A C E / U T I L I T I E S C C 0 . 0 1 1 A C . 5 0 1 S . F . O P E N S P A C E / U T I L I T I E S D D 0 . 0 2 6 A C . 1 , 1 2 2 S . F . O P E N S P A C E / U T I L I T I E S E E 0 . 0 1 1 A C . 4 8 9 S . F . O P E N S P A C E / U T I L I T I E S F F 0 . 0 4 5 A C . 1 , 9 5 3 S . F . O P E N S P A C E / U T I L I T I E S G G 0 . 0 0 7 A C . 2 9 0 S . F . O P E N S P A C E / U T I L I T I E S H H 0 . 1 7 5 A C . 7 , 6 2 2 S . F . O P E N S P A C E / U T I L I T I E S I I 0 . 0 0 6 A C . 2 8 2 S . F . O P E N S P A C E / U T I L I T I E S J J 0 . 0 1 3 A C . 5 7 0 S . F . O P E N S P A C E / U T I L I T I E S K K 0 . 0 1 3 A C . 5 7 0 S . F . O P E N S P A C E / U T I L I T I E S L L 0 . 0 3 8 A C . 1 , 6 6 0 S . F . D R A I N A G E / O P E N S P A C E M M 0 . 0 0 6 A C . 2 4 4 S . F . O P E N S P A C E / U T I L I T I E S N N 0 . 0 1 9 A C . 8 4 4 S . F . D R A I N A G E / O P E N S P A C E O O 0 . 0 2 0 A C . 8 6 8 S . F . O P E N S P A C E / U T I L I T I E S P P 0 . 0 0 9 A C . 4 1 0 S . F . O P E N S P A C E / U T I L I T I E S LOT SU M M A R Y T A B L E L O T S U M M A R Y T A B L E L O T S U M M A R Y T A B L E L O T S U M M A R Y T A B L E 1 0 3 3 3 E . D r y C r e e k R d . S u i t e 2 4 0 E n g l e w o o d , C O 8 0 1 1 2 T e l : ( 7 2 0 ) 4 8 2 - 9 5 2 6 C V L I N C . N E T S H E E T 3 O F 8 L O T S U M M A R Y T A B L E S WARD ROAD W . 5 2 N D A V E N U E F K A W . 5 0 T H A V E N U E S E 1 / 4 S E C . 1 7 R I D G E R O A D 1 0 3 3 3 E . D r y C r e e k R d . S u i t e 2 4 0 E n g l e w o o d , C O 8 0 1 1 2 T e l : ( 7 2 0 ) 4 8 2 - 9 5 2 6 C V L I N C . N E T S H E E T 4 O F 8 E X I S T I N G C O N D I T I O N S UNION COURT45.50' PUBLIC R.O.W. HEREBYDEDICATED BY THIS PLAT W . 5 2 N D A V E N U E ( E X . 6 0 ' P U B L I C R . O . W . ) W . 5 1 S T A V E . 6 3 ' P U B L I C R . O . W . H E R E B Y D E D I C A T E D B Y T H I S P L A T V I V I A N S T R E E T 6 3 ' P U B L I C R . O . W . H E R E B Y D E D I C A T E D B Y T H I S P L A T W. 51ST AVE.63' PUBLIC R.O.W.HEREBY DEDICATE D BY THIS PLAT VIVIAN STREET 63' PUBLIC R.O.W. HEREBY DEDICATED BY THIS PLAT P R I V A T E A L L E Y B PRIVATE ALLEY D PR I V A T E A L L E Y C P R I V A T E A L L E Y E PRIVATE ALLEY D P R I V A T E A L L E Y F P R I V A T E A L L E Y K PRIVATE ALLEY H PRIVATE ALLEY I PRIVATE ALLEY J P R I V A T E A L L E Y A PRIVATE ALLEY G PRIVATE ALLEY WARD ROAD(EX. 60' PUBLIC R.O.W.) W . 5 0 T H A V E N U E ( E X . 5 0 ' P U B L I C R . O . W . ) ∆ ∆ 1 3 1 4 8 9 1 0 1 2 7 8 9 1 0 1 1 1 2 1 2 3 4 5 6 9 1 0 1 1 1 2 7 8 5 6 1 2 3 4 7 8 9 1 0 1 1 1 2 1 2 3 4 5 6 8 67 5 7 34 12 1 0 9 8 7 1 2 7 1 1 18 1 0 29310 9 411 8 5126 1 3 1 2 3 4 1 5 6 1 7 1 8 1 9 1 5 1 6 1 2 3 4 5 6 7 8 3 2 145611971012 1 2 1 1 1 3 4 3 2 1 8 7 6 51 2 3 4 7 6 5 5 4 321 66 5 4 321 17 141513 16 21 18 23 19 20 22 24 12 5 7 14 20 11 8 15 21 10 4 9 22 3 10 9 2 17 8 1 11 19 14 7 12 13 6 13 3 2 1 11 4 5 6 1 2 3 14 15 16 9 17 10 12 13 18 19 1 1 2 0 16 18 23 24 15 Z O N E D P I D Z O N E D P I D Z O N E D P I D Z O N E D I - E Z O N E D M C - C T O D Z O N E D I - E ZONED I-E L O T 1 B L O T 1 A W H E A T R I D G E I N D U S T R I A L C E N T E R S U B D I V I S I O N R E C . N O . F 0 6 7 2 9 3 9 S T A N D L E Y H E I G H T S L O T 1 4 W A R D R O A D S T A T I O N S T A N D L E Y H E I G H T S CURVE TABLELINE TABLE 1 0 3 3 3 E . D r y C r e e k R d . S u i t e 2 4 0 E n g l e w o o d , C O 8 0 1 1 2 T e l : ( 7 2 0 ) 4 8 2 - 9 5 2 6 C V L I N C . N E T S H E E T 5 0 F 8 P R O P O S E D C O N D I T I O N S O V E R A L L P L A N LINE TABLE CURVE TABLE W . 5 2 N D A V E N U E P R I V A T E A L L E Y B PRIVATE ALLEY D PR I V A T E A L L E Y C VIVIAN STREET 63' R.O.W. HEREBY DEDICATED BY THIS PLAT P R I V A T E A L L E Y A 4 3 2 1 9 1 0 1 1 4 5 6 8 3 TRACT K 1 2 3 4 5 6 11 410 39 28 17TRACT M 6 512 7 1 0 9 8 T R A C T Q TRACT J ∆ ∆ ∆ ∆6 3 ' R . O . W . ∆ WARD ROAD(EX.60' PUBLIC R.O.W.) T R A C T W PRIVATE ALLEY G 3 1 . 5 ' 3 1 . 5 ' 60' EX. R.O.W.30'30' 14 13 12 5 3 1 2 T R A C T B 1 2 T R A C T V T R A C T B 7 1 1 1 5 7 POINT OF COMMENCEMENT P O I N T O F B E G I N N I N G 30' 30' PRIVATE ALLEY G T R A C T I T R A C T A 17 8 6 19 18 16 15 T R A C T L 9 10 11 5 8 7 T R A C T T 6 4 3 2 T R A C T S T R A C T T T R A C T R 1 3 1 2 1 1 TRACT N T R A C T C 2 1 T R A C T O 3 5 4 6 T R A C T P T R A C T C T R A C T C TRACT L T R A C T U 1 2 1 3 1 4 T R A C T W - 2 M A T C H L I N E - S E E S H E E T 8 M A T C H L I N E - S E E S H E E T 7 1 0 3 3 3 E . D r y C r e e k R d . S u i t e 2 4 0 E n g l e w o o d , C O 8 0 1 1 2 T e l : ( 7 2 0 ) 4 8 2 - 9 5 2 6 C V L I N C . N E T S H E E T 6 O F 8 P R O P O S E D C O N D I T I O N S N O R T H W E S T P L A N LINE TABLE CURVE TABLEWARD ROAD(EX.60' PUBLIC R.O.W.) 5 6 7 1 5 6 T R A C T Y 7 8 2 9 3 1 0 4 1 2 1 1 0 9 8 7 T R A C T D TRACT BB 14 15 13 T R A C T A A 16 17 18 23 21 20 19 22 24 TRACT CC 5 6 4 3 2 1 1 6 1 7 1 8 1 9 2 0 T R A C T W ∆ C 1 5 ∆ W . 5 0 T H A V E N U E E X . 5 0 ' P U B L I C R . O . W . ) T R A C T D T R A C T D T R A C T P P 63' R.O.W. PRIVATE ALLEY D P R I V A T E A L L E Y F P R I V A T E A L L E Y E P R I V A T E A L L E Y G V I V I A N S T R E E T 6 3 ' R . O . W . H E R E B Y D E D I C A T E D B Y T H I S P L A T W . 5 1 S T A V E . 6 3 ' R . O . W . H E R E B Y D E D I C A T E D B Y T H I S P L A T 3 1 . 5 ' 3 1 . 5 ' 6 3 ' R . O . W . 31.5'31.5' 60' EX. R.O.W.30'30' 25'25' 50' EX. R.O.W. 6 1 1 T R A C T Z 1 5 T R A C T M M TRACT B ∆ PRIVATE ALLEY G T R A C T N T R A C T X T R A C T H H 4 3 2 T R A C T H H 1 2 1 1 T R A C T D D 1 3 T R A C T G G 4 5 T R A C T F F 1 2 3 30'25' T R A C T E - 1 T R A C T E - 2 T R A C T W - 1 M A T C H L I N E - S E E S H E E T 6 M A T C H L I N E - S E E S H E E T 6 MATCHLINE - SEE SHEET 8 MATCHLINE - SEE SHEET 8 1 0 3 3 3 E . D r y C r e e k R d . S u i t e 2 4 0 E n g l e w o o d , C O 8 0 1 1 2 T e l : ( 7 2 0 ) 4 8 2 - 9 5 2 6 C V L I N C . N E T S H E E T 7 O F 8 P R O P O S E D C O N D I T I O N S S O U T H W E S T P L A N LINE TABLE CURVE TABLE W . 5 0 T H A V E N U E ( E X . 5 0 ' P U B L I C R . O . W . ) 8 9 1 0 1 1 7 4 5 6 1 2 3 7 8 9 1 0 1 1 1 2 3 4 5 6 8 9 1 0 1 1 7 4 5 6 1 2 3 11 TRACT KK 12 19 TRACT JJ 20 13 21 15 22 8 16 23 9 17 10 18 56 4 3 2 1 5 TRACT OO 12 4 3 9 2 8 1 7 6 1 1617181920 T R A C T F T R A C T G T R A C T H T R A C T U ∆TRACT IITRACT P P UNION COURT45' R.O.W. HEREBYDEDICATED BY PLAT PRIVATE ALLEY H PRIVATE ALLEY I PRIVATE ALLEY J PRIVAT E ALLEY G P R I V A T E A L L E Y K W . 5 1 S T A V E . 6 3 ' R . O . W . H E R E B Y D E D I C A T E D B Y T H I S P L A T W . 5 1 S T A V E . 6 3 ' R . O . W . H E R E B Y D E D I C A T E D B Y T H I S P L A T 63' R.O.W. 31.5'31.5' 63' R.O.W. 31.5'31.5' 7 25'25' 50' EX. R.O.W. UNION COURT 45' R.O.W. HEREBY DEDICATED BY PLAT 15TRACT MM 14 24 T R A C T E TRACT LL 15 TRACT E TRACT NN 10 13 11 14 TRACT B∆PRIVATE ALLEY G T R A C T B T R A C T E 1 2 TRACT U-1 1 2 TRACT U-2 1 2 TRACT U-3 TRACT U-4 TRACT E - 1 TRACT E - 2 T R A C T U 14TRACT W-1 MATCHLINE - SEE SHEET 7MATCHLINE - SEE SHEET 7 M A T C H L I N E - S E E S H E E T 6 1 0 3 3 3 E . D r y C r e e k R d . S u i t e 2 4 0 E n g l e w o o d , C O 8 0 1 1 2 T e l : ( 7 2 0 ) 4 8 2 - 9 5 2 6 C V L I N C . N E T S H E E T 8 O F 8 P R O P O S E D C O N D I T I O N S S O U T H E A S T P L A N Planning Commission Minutes - 1 -April 4, 2019 PLANNING COMMISSION Minutes of Meeting April 4, 2019 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2.ROLL CALL OF MEMBERS Commission Members Present:Melissa Antol Daniel Larson Janet Leo Scott Ohm Richard Peterson Jahi Simbai Vivian Vos Commission Members Absent: Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Planner II Mark Westberg, Engineering Projects Manager Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner LARSON and seconded by Commissioner LEO toapprove the order of the agenda. Motion passed 7-0. 5.APPROVAL OF MINUTES – March 21, 2019 It was moved by Commissioner VOS and seconded by Commissioner LARSON toapprove the minutes of March 21, 2019, as amended. Motion carried 7-0. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearingon the agenda.) ATTACHMENT 3 Planning Commission Minutes - 2 - April 4, 2019 No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS-18-06: An application filed by Toll Southwest, LLC for approval of a major subdivision for a 200-unit townhome development for property zoned Mixed Use-Commercial TOD (MU-C TOD) and located at 5060 Ward Road. Ms. Mikulak gave a short presentation regarding the major subdivision and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner PETERSON asked about the arched parcel boundary to the east which is also zoned MU-C TOD zoning. Ms. Mikulak explained that before RTD purchased the land for their parking lot, the old Jolly Rancher Factory had included all of the land zoned MU-C TOD and they had a railroad spur that came into the property where the arch is. She explained that the zoning was changed on the property in 2012, before RTD had finished their property negotiations. Transit stations and parking lots are permitted in MU-C TOD and a Special Use permit in I-E so when the split zoning does not affect the land use, it is not changed or cleaned up. Commissioner PETERSON asked if the open space park ends at Union Ct. Ms. Mikulak said the park will terminate at a detached sidewalk on Union which can then be taken south to the Wheat Ridge · Ward Station area and eventually with 2E funds a pedestrian bridge will be built over the station and connect it to a Linear Park that will continue to the ponds around I-70. Commissioner PETERSON also inquired if the 37,000 sq. ft. of designated parkland is enough to accommodate the new residents and the public. Ms. Mikulak explained that the codified parkland dedication requirement uses an industry standard of 7.5 acres per 1,000 people and because this property is 13 acres there will be a fee in lieu of parkland dedication in addition to the proposed ¾-acre park because it does not entirely fulfill the parkland requirement. Commissioner PETERSON asked about the curvilinear street design and wanted to ensure that there would be logical wayfinding and addressing particularly where Vivian St. and 51st Ave. intersect twice. Ms. Mikulak mentioned that the address plan has not been looked at yet, but will be once the location of the front doors of the townhomes is known. This will be Planning Commission Minutes - 3 - April 4, 2019 done in conjunction with fire and police in mind so they easily know where to go in an emergency situation. She also explained there are disconnect streets throughout the City and the sequencing of number is done per block; so the numbering will be logical east and west of Vivian St. Commissioner PETERSON then asked what the percentage of total covered land area will be and what is required for permeable surfaces. Ms. Mikulak explained that she does not have an answer for impervious surfaces because it’s related to the site plan, but the zoning requires 15% open space and that will be exceeded and the two detention vaults will be sufficient to accommodate all the flows. Commissioner SIMBAI referenced page 5 of the staff report and asked for clarification on the statement that the lots “appear” to be shaped and sized appropriately. Ms. Mikulak explained the subdivision regulations require a logical lot layout which needs to be consistent with the proposed site design so it does not need to be re-platted. Commissioner ANTOL asked what the distance is to the nearest park from this development. Ms. Mikulak mentioned that the Van Bibber Trail is to the north; the Haskins Ridge project, to the east in Arvada, will have a park and Prospect Park is to the south off of 44th Ave. Commissioner LARSON asked why the ROW dedication on Ward and Ridge Roads is different compared to 52nd Ave. Mr. Westberg explained the dedication varies because of differences in what is going to be built and differences in what right-of-way widths are already existing. Commissioners LARSON, PETERSON, ANTOL, VOS and LEO asked about traffic and about the three intersections at Ward Rd (at Ridge, 51st, and 52nd) and asked if there will be additional traffic lights installed. Ms. Mikulak and Mr. Westberg said the City would like to see a signal at Ridge and Ward Roads, but CDOT has not agreed to that because of the spacing requirements of traffic lights on State Highways. They also mentioned that CDOT is going to require that 51st Ave be designed as a right in and right out only at Ward Rd. Mr. Westberg also added that CDOT has required the City to modify the access at Ridge Rd to a three quarter movement, so there will be a right in, a right out and a left in, but no left out at Ridge Rd. CDOT required this because Ridge Road was previously a low volume dead end street, but now connects through to Planning Commission Minutes - 4 - April 4, 2019 the north and east of the station area. He reiterated that CDOT has said no traffic signal at Ridge Road and CDOT has the jurisdiction to tell the City what can and can’t be done on the State Highway. Commissioner PETERSON then asked what other travel options will be, specifically to get to I-70. Mr. Westberg explained that one option would be to go to 52nd and turn left and the second option is to take Tabor south to the I-70 Frontage Road and take that to Ward Rd which is also signalized. Commissioner VOS wanted clarification about the Parkland Dedication and the “reduced fee” of $2,021.62 per unit. Ms. Mikulak explained how the parkland dedication and fee amounts are calculated and codified in the subdivision regulations. Ms. Mikulak then explained there are several fee classifications—the standard fee, and slightly reduced fees for properties that are in urban renewal area, in a transit area, or for senior housing. Ms. Vos also asked if this development will be done in phases and asked about infrastructure costs. Ms. Mikulak confirmed this development will be done in phases and the SIA will memorialize the timing of such and what infrastructure has to be in place before ending and starting phases. She did not know what the cost of the infrastructure will be. Commissioner LEO wanted to confirm that there was no community outreach and that there were no issues or objections. Ms. Mikulak confirmed this to be true, and added that there is no neighborhood meeting requirement for a subdivision plat. Prior to this meeting the posting requirement were met and the City received one inquiry, but no objections. She clarified the neighborhood meeting requirement for the concept plan, an associated application, and general outreach the City had done for 2E infrastructure projects. Commissioner OHM asked what percentage of single use residential is for this project. Ms. Mikulak said she doesn’t know the percentage, but 200 of 201 lots is residential, the ROW dedication is 3.5 acres, and the parks are .75 of an acre and the rest is residential. Tom Beyer, Business/Property Owner 12200 Ridge Road, Wheat Ridge Planning Commission Minutes - 5 - April 4, 2019 Mr. Beyer had 3 concerns: he wants to understand if there would be sufficient parking for the number of units and if parking waivers would be given. His second concern is what the access to Ridge Road will look like and if there will be on street parking on Ridge Road. Mr. Beyer’s third concern is the no left turn out of the site or from Ridge Road to Ward Road. Fred Orr, Property Owner 5040 Acoma Street, Denver Mr. Orr said he owns the two industrial buildings to the north of the property and would like the sewer infrastructure accommodated to have a gravity flow instead of it being lifted to 52nd Avenue. Sean Baker, Property Owner 5040 Ward Road Mr. Baker has concerns about people cutting through his property to turn left onto Ward Road to avoid the no left turn from Ridge Road. He explained this happened to him when Jolly Rancher was in business. Answers to public testimony: • Parking space requirement Ms. Mikulak explained that the parking design is a site planning issue and that there are minimum and maximum parking requirements, and she confirmed that no waivers are given. She also said the internal ROW dedications and the ROW dedication on the north side of Ridge Road will provide 94 on-street spaces. There will also be off-street parking with garages attached to the townhomes. Mr. Westberg added there will be no parking added to the south side of Ridge Road and it will remain a bike lane until those properties decide to redevelop. • RV parking on the streets Ms. Mikulak said the City Code only allows for operable and licensed RV’s to be parked on City Streets for no more than a two week period. Matt Foran, Applicant 2753 E 139 Dr., Thornton Mr. Foran mentioned the HOA documents were not finalized, but does not think that RV parking is going to be an issue. • Sewer line around 52nd Avenue Planning Commission Minutes - 6 - April 4, 2019 Mr. Westberg said staff will talk to the developers and Fruitdale Sanitation to see if the request can be accommodated. Gravity is typically preferable to lift stations. Tom Odle, CVL, Applicant’s Engineer 10333 E Dry Creek Road Mr. Odle explained there will be a sanitary sewer line adjacent to the Toll Brothers property that the Mr. Orr’s parcel can tap into it. Commissioner PETERSON asked if there will be visitor parking on the site. Ms. Mikulak explained some of the tracts will accommodate parking and all interior streets will also allow on-street parking. Commissioner VOS asked how the no left turns will be enforced. Ms. Mikulak said by City signs and curbing installed at the City’s expense. Commissioner LEO asked if the businesses will be allowed to turn left off their properties. Mr. Westberg said yes unless CDOT decides to build a median on Ward Road. Commissioner PETERSON asked if Tabor Road can handle truck traffic if there is no left turns onto Ward Road. Mr. Westberg explained that Tabor Road was improved a few years ago and is now a wider two lane road with a bike lane and sidewalks and can accommodate trucks. It was moved by Commissioner LEO and seconded by Commissioner PETERSON to recommend APPROVAL of Case No. WS-18-06, a request for approval of a major subdivision plat on property zoned Mixed Use-Commercial (MU-C) and located at the 5060 Ward Road, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall enter into a development covenant prior to recordation of the subdivision plat and subsequently into a subdivision improvement agreement. Planning Commission Minutes - 7 - April 4, 2019 2. Prior to issuance of building permits, the applicant shall enter into a subdivision improvement agreement and shall provide homeowner’s association covenants for review and approval by staff. 3. Prior to issuance of building permits, the applicant shall pay the required fees-in-lieu of parkland dedication. Motion carried 7-0. ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2019 - AN ORDINANCE AMENDING SECTION 16-132 AND SUBSECTION 16-133(H) OF THE WHEAT RIDGE CODE OF LAWS TO EXEMPT NEEDLE-STICK PREVENTION AND SYRINGE EXCHANGE PROGRAM PARTICIPANTS FROM CRIMINAL PROSECUTION PUBLIC HEARING ORDINANCES FOR 1ST READING (04/22/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/13/2019) RESOLUTIONS (continued from April 8, 2019) QUASI-JUDICIAL: YES NO _______________ ______________________________ City Attorney City Manager ISSUE: Council Bill 05-2019 provides exemptions from criminal prosecution for individuals who actively alert law enforcement or first responders to the presence of injection devices and for participants in clean syringe exchange programs. PRIOR ACTION: At the February 25, 2019, Study Session, Council provided consensus to bring forward an ordinance that conforms the Wheat Ridge Code of Laws to the needle-stick prevention and clean syringe program provisions of state law, currently found in C.R.S. §§ 18-18-428 and 18-18-430.5. FINANCIAL IMPACT: No financial impact is projected. BACKGROUND: The possession of injection devices, such as needles and syringes, and other paraphernalia and devices that are used to ingest controlled substances has long been unlawful, under both state and Council Action Form – Ordinance Amending §16-132 Possession of Injection Devices April 22, 2019 Page 2 local law. Criminalizing the possession of the devices used to consume illegal drugs is one method of deterring the actual consumption. Injection devices present a serious threat of harm by their capacity to transfer blood and fluid-borne diseases, some of which can be terminal. As such, state laws have been amended to incentivize individuals who have needles or syringes in their possession to actively alert law enforcement and other first responders to the location of these items. The incentive provided is an exemption from criminal prosecution for possessing the injection device. State law extends this same exemption to individuals who are participating in a clean syringe exchange program. Exchange programs offer educational and referral resources in addition to clean devices. RECOMMENDATIONS: Staff recommends approval of the ordinance on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 05-2019, an ordinance amending Section 16-132 and Subsection 16-133(H) of the Wheat Ridge Code of Laws to Exempt Needle-Stick Prevention and Syringe Exchange Program participants from criminal prosecution, on first reading, order it published, public hearing set for Monday, May 13, 2019, at 7:00 p.m. in City Council Chambers, and that it take effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 05-2019, an ordinance amending Section 16- 132 and Subsection 16-133(H) of the Wheat Ridge Code of Laws to Exempt Needle-Stick Prevention and Syringe Exchange Program participants from criminal prosecution, on first reading, for the following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Carmen Beery, City Attorney’s Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 05-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ________________ Council Bill No. 05 Ordinance No. __________ Series of 2019 TITLE: AN ORDINANCE AMENDING SECTION 16-132 AND SUBSECTION 16-133(H) OF THE WHEAT RIDGE CODE OF LAWS TO EXEMPT NEEDLE-STICK PREVENTION AND SYRINGE EXCHANGE PROGRAM PARTICIPANTS FROM CRIMINAL PROSECUTION WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting through its City Council (the “Council”), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; and WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws (“Code”), including prohibitions of possessing injection devices, such as needles and syringes, generally consistent with state statute; and WHEREAS, state statutes have evolved to provide exemptions from criminal prosecution for individuals who actively alert law enforcement and first responder personnel to the presence of syringes and needles in their possession and who possess syringes in connection with a clean syringe exchange program operated by a public health agency; and WHEREAS, the City Council finds that such criminal exemptions incentivize individuals to protect law enforcement and first responders from potentially grave injury and harm via needle-sticks and to protect the public health generally by participation in approved clean syringe exchange programs; and WHEREAS, the City Council therefore finds that it would promote the public health, safety and welfare to provide exemptions from City prosecution for such individuals in a manner that mirrors the exemptions provided under state law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-132 of the Wheat Ridge Code of Laws, concerning injection devices, is hereby amended as follows: Sec. 16-132. Possession of injection devices. (A) It shall be unlawful for any person to possess any hypodermic needle, syringe or similar device which may be adapted or used for injecting drugs or other substances by subcutaneous or intracutaneous injection into the body, unless such possession has been authorized for medical or physical treatment by a licensed medical doctor or osteopathic physicians; provided, ATTACHMENT 1 2 however, that the prohibitions contained in this section shall not apply to manufacturers, jobbers, licensed medical technicians, hospitals, nursing homes, technologists, nurses, laboratories, research teaching institutes, medical doctors, osteopathic physicians, dentists, veterinarians or persons who lawfully use injection devices for the sole purpose of providing medical treatment to their pets or livestock, pharmacists and embalmers selling or using such devices in the legal course of their respective businesses or professions. A violation of this section shall be subject to the penalty provided in section 16-4 of this Code, together with a surcharge of ten dollars ($10.00) to be paid to the police department through the court to offset the expense of destruction of drugs, injection devices and drug paraphernalia, whether or not any of those items was confiscated from the defendant. (B) (1) PRIOR TO SEARCHING A PERSON, A PERSON'S PREMISES, OR A PERSON'S VEHICLE, A PEACE OFFICER MAY ASK THE PERSON WHETHER THE PERSON IS IN POSSESSION OF A HYPODERMIC NEEDLE OR SYRINGE THAT MAY CUT OR PUNCTURE THE OFFICER OR WHETHER SUCH A HYPODERMIC NEEDLE OR SYRINGE IS ON THE PREMISES OR IN THE VEHICLE TO BE SEARCHED. IF A HYPODERMIC NEEDLE OR SYRINGE IS ON THE PERSON, ON THE PERSON'S PREMISES, OR IN THE PERSON'S VEHICLE AND THE PERSON, EITHER IN RESPONSE TO THE OFFICER'S QUESTION OR VOLUNTARILY, ALERTS THE OFFICER OF THAT FACT PRIOR TO THE SEARCH, ASSESSMENT, OR TREATMENT, THE PEACE OFFICER SHALL NOT ARREST OR CITE THE PERSON PURSUANT TO THIS SECTION, NOR SHALL THE CITY PROSECUTOR CHARGE OR PROSECUTE SUCH OFFENSE. THE CIRCUMSTANCES DESCRIBED IN THIS PARAGRAPH (B) MAY BE USED AS A FACTOR IN A PROBABLE CAUSE OR REASONABLE SUSPICION DETERMINATION OF ANY CRIMINAL OFFENSE IF THE ORIGINAL STOP OR SEARCH WAS LAWFUL. (2) PRIOR TO ASSESSING OR TREATING A PERSON, AN EMERGENCY MEDICAL SERVICE PROVIDER OR OTHER FIRST RESPONDER MAY ASK THE PERSON WHETHER THE PERSON IS IN POSSESSION OF A HYPODERMIC NEEDLE OR SYRINGE THAT MAY CUT OR PUNCTURE THE TECHNICIAN OR FIRST RESPONDER. IF A HYPODERMIC NEEDLE OR SYRINGE IS ON THE PERSON, AND THE PERSON, EITHER IN RESPONSE TO THE QUESTION OR VOLUNTARILY, ALERTS THE EMERGENCY MEDICAL SERVICE PROVIDER OR FIRST RESPONDER OF THAT FACT, A PEACE OFFICER SHALL NOT ARREST OR CITE THE PERSON PURSUANT TO THIS SECTION, NOR SHALL THE CITY PROSECUTOR CHARGE OR PROSECUTE SUCH OFFENSE. Section 2. Subsection 16-133(h) of the Wheat Ridge Code of Laws, concerning exemptions to offenses related to drug paraphernalia, is hereby amended as follows: (h) The provisions of this section shall not apply to the possession, display, purchase, transport or use in private by any person that is twenty-one (21) years of age or older of drug paraphernalia that is used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, 3 repackaging, storing, vaporizing, or containing marijuana or for ingesting, inhaling, or otherwise introducing marijuana into the human body; OR TO ANY PERSON PARTICIPATING AS AN EMPLOYEE, VOLUNTEER, OR PARTICIPANT IN AN APPROVED SYRINGE EXCHANGE PROGRAM CREATED PURSUANT TO SECTION 25-1-520, C.R.S. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ______ to ______ on this 8th day of April, 2019, continued to April 22, 2019, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 13, 2019, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this ________ day of _____________________, 2019. SIGNED by the Mayor on this ________ day of ____________________, 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney 4 First Publication: Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2019 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3300 AMES STREET FROM RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-18-25 / FEASTER) PUBLIC HEARING ORDINANCES FOR 1ST READING (04/22/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/13/2019) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-Three (R-3) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 3300 Ames Street (northeast corner of W. 33rd Avenue and Ames Street). The purpose of this request is to prepare the property for the development of two duplexes. PRIOR ACTION: Planning Commission heard the request at a public hearing on April 4, 2019, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of $1,079 were collected for the review and processing of Case No. WZ-18-25. If approved, parkland dedication fees in lieu will be paid through the subdivision review process. Building permit and plan review fees, along with building use tax will be paid as part of the issuance of building permits Council Action Form – Rezoning Property at 3300 Ames Street from R-3 to PRD April 22, 2019 Page 2 BACKGROUND: The subject property is located at the northeast corner of W. 33rd Avenue and Ames Street at 3300 Ames Street. The property is approximately four-tenths of an acre in size. Currently the property is vacant. Ownership of the subject property has transferred several times in recent years. The site consists of four parcels: two developable lots and two tracts from the vacated alley previously located between Ames Street and Sheridan Boulevard. Surrounding Land Uses The property is currently zoned Residential-Three (R-3). The properties to the north and south are also zoned R-3; the lot to the north contains a three-story apartment building. Properties across Ames Street to the west, and properties further to the south, are zoned Residential-One C (R-1C) which permits small-lot single-family homes. There is a senior living facility to the east of the property which is zoned Neighborhood Commercial (NC). There is a mix of single-family and multi-family uses in the immediate surrounding area. Current and Proposed Zoning The property is currently zoned Residential-Three (R-3), which permits medium to high-density residential development, ranging from single-family to multi-unit developments up to 12 units per acre. If the subject property were consolidated into a single parcel, the current zoning would allow up to five (5) townhome units. The applicant wants to develop two duplexes, so a total of four (4) units; however, that cannot be accommodated in R-3 because of minimum lot size requirements. The applicant is therefore requesting the property be rezoned to Planned Residential Development to facilitate the development of two duplexes. The request is essentially a downzone. They have proposed to limit the allowed uses to single-family and two-family uses. The proposed density is 9.29 units per acre, which is a lower allowance than the 12 units per acre allowed under the current R-3 zoning. The PRD also establishes a lower maximum building height, and a smaller lot size and width than R-3. The proposed duplexes would be accessed from a shared driveway off of W. 33rd Avenue, with two-car detached garages for each unit. A complete analysis of the zone change criteria and the ODP will be included with the ordinance for second reading. Related Applications Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the Outline Development Plan, which, if approved, changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles, pedestrians, and bicycles. The second document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP. In this case, the applicant is requesting concurrent review of the ODP and SDP. Council Action Form – Rezoning Property at 3300 Ames Street from R-3 to PRD April 22, 2019 Page 3 Because the zone change is the only document approved by ordinance, it is the only component that requires a first reading. Both the ODP and SDP will be presented at the second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission staff report and minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 06-2019 an ordinance approving the rezoning of property located at 3300 Ames Street from Residential-Three (R-3) to Planned Residential Development (PRD) with approval of an Outline Development Plan, on first reading for the sole purpose of ordering it published for a public hearing set for Monday, May 13, 2019 at 7 p.m. in City Council Chambers, and, if adopted, that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2019 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER _________ COUNCIL BILL NO. 06 ORDINANCE NO. _________ Series of 2019 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3300 AMES STREET FROM RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-18-25 / FEASTER) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Ames Partners LLC submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) District for property at 3300 Ames Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for vibrant neighborhoods and diversification of housing stock and household types; and, WHEREAS, the proposed duplex development is more compatible with the area than alternatives otherwise allowed under the current zoning; and, WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 4, 2019 and voted to recommend approval of the rezoning of the property to Planned Residential Development (PRD). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Ames Partners, LLC for approval of a zone change ordinance from Residential-Three (R-3) to Planned Residential Development (PRD) for property located at 3300 Ames Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: LOTS 10 AND 11 TOGETHER WITH THE 1/2 OF THE VACATED ALLEY ADJOINING SAID LOTS, A RESUBDIVISION OF BLOCK 5 OF COLUMBIA HEIGHTS, COUNTY OF JEFFERSON, STATE OF COLORADO. THE EAST 1/2 OF THE VACATED ALLEY ADJOINING LOTS 12 AND 13, A SUBDIVISION OF BLOCK 5 COLUMBIA HEIGHTS, AS VACATED BY ATTACHMENT 1 INSTRUMENT RECORDED JULY 1ST 1957 IN BOOK 1068 PAGE 60, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 22nd day of April 2019, ordered it published with Public Hearing and consideration on final passage set for Monday, May 13, 2019 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2019. SIGNED by the Mayor on this _______ day of _______________, 2019. ______________________________________ William “Bud” Starker, Mayor ATTEST: _______________________________________ Janelle Shaver, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO RECONSIDER COUNCIL BILL NO. 02-2019 - AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) FOR PROPERTY LOCATED AT 4000-4066 UPHAM STREET (CASE NO. WZ-18-17/RIDGETOP VILLAGE) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: Council Bill No. 02-2019, Case No. WZ-18-17/Ridgetop Village was denied by City Council on April 8, 2019. Councilmember Leah Dozeman has requested that a motion for reconsideration of this Council Bill be included on the April 22, 2019 regular business meeting agenda for City Council consideration. PRIOR ACTION: A public hearing was conducted on Council Bill No. 02-2019, Case No. WZ-18-17/Ridgetop Village on April 8, 2019. City Council voted five (5) to three (3) to approve this Council Bill. However, a legal protest was received for this case; therefore an affirmative vote of six (6) councilmembers was required to approve. FINANCIAL IMPACT: None Council Action Form – Reconsideration of Council Bill No. 02-2019 April 22, 2019 Page 2 BACKGROUND: Section VI. of the Rules of Order and Procedure for the City Council of the City of Wheat Ridge allows a City Council Member originally voting with the prevailing side of an issue to make a motion to reconsider the item. The motion to reconsider shall be made only at that or the next scheduled regular meeting. A motion to reconsider shall require an affirmative vote of a majority of the entire City Council. It is appropriate for a reconsideration motion to schedule substantive consideration of the matter (if the motion passes) at a future Council meeting. If the motion to reconsider is not made, or if made and does not pass by five votes, the original action (in this case, denial of the Ridgetop Village rezoning) is final. RECOMMENDED MOTION: “I move to reconsider Council Bill No. 02-2019, an ordinance approving a zone change from residential-three (R-3) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for property located at 4000-4066 Upham Street and schedule city council action for the May 13, 2019 regular business meeting.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Gerald Dahl, City Attorney ATTACHMENTS: 1. None ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: At the February 25, 2019 City Council meeting, Council appointed several citizens to various Boards and Commissions. However, due to a code change that needed to be adopted, there remained two seats open that still require a motion by Council to fill. These appointed seats are in District I and District III for the Liquor Licensing Authority. Due to recent resignations, other positions are currently vacant. These include the Cultural Commission (District IV), Planning Commission (District III), and Board of Adjustment (At Large). The positions were advertised in the Wheat Ridge Transcript, on Channel 8, Facebook and the City’s Website. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: In the case of the Liquor Authority vacancies in Districts I and III, extensive advertising has been done but there are no applicants who live in those districts. Consequently, applicants Rocco Council Action Form – Appointment of Board and Commission Members April 22, 2019 Page 2 Germano and Leonard Ortiz, neither of whom live in District I or III, are eligible for appointment to fill those seats. In the case of the Planning Commission, the only valid applicants who live in District III are Ihor Figlus, Will Kerns, David Land-Closson, and David Sjaastad. RECOMMENDED MOTIONS: “I move to appoint to the Liquor Authority District I, term to expire 03/02/2022.” “I move to appoint to the Liquor Authority District III, term to expire 03/02/2022.” “I move to appoint to the Planning Commission District III, term to expire 03/02/2022.” “I move to appoint to fill the vacant position on the Cultural Commission District IV, term to expire 03/02/2021.” “I move to appoint to fill the vacant position on the Board of Adjustment – Alternate At Large, term to expire 03/02/2020.” REPORT PREPARED BY: Robin Eaton, Deputy City Clerk Janelle Shaver, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. List of Applicants 2. District I Applications 3. District III Applications 4. District IV Applications 5. At Large Applications APPLICANT LIST Current Term Ending Board District Current Member / Re-applied Other Applicants DISTRICT I 03/02/2019 Liquor Authority Robert Alldredge / NO Rocco Germano* DISTRICT III 03/02/2019 Liquor Authority John Miks / NO Leonard Ortiz* 03/02/2019 Planning Commission Amanda Weaver / NO Shawna Black* Ihor Figlus Will Kerns Cheyanne Kinghorn* David Land-Closson Carol Mathews* David Sjaastad DISTRICT IV 03/02/2021 Cultural Commission Val Nosler Beck / NO V. Ruth Baranowski AT LARGE 03/02/2020 Board of Adjustment Alternate Open Cheyanne Kinghorn Tiamo Wright *DENOTES: Lives out of District ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 Board & Commission Application PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION PER APPLICATION APPLICATION FOR APPOINTMENT TO THE: (BOARD/COMMISSION/COMMITTEE) DATE: DISTRICT HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? ZIP: SIGNATURE PLEASE PRINT OR TYPE NAME: ADDRESS: HOME PHONE: BUSINESS or CELL PHONE: E-MAIL ADDRESS: APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR District 1 Planning Commission District 1 19 years Yes More involvement into the community and how NO No Shawnna Black 2915 Pierce Street 80214 303.503.6233 303.503.6233 sleab@icloud.com January 19, 2019 I worked in the Technical field as a Systems Consultant and Project Manager field for 25 years, planning and excututing project for companies. I may be able to give a voice, thoughts and understanding to the city of Wheat Ridge . I enjoy Wheat Ridge the old and the new and being involved in that future sound interesting and fun. 2/5/19 rle Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: (Board/Commission/Committee) DATE: DISTRICT: HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? PRINT NAME ADDRESS HOME PHONE BUSINESS PHONE E-MAIL ADDRESS Checking here completes your application, constitutes your signature and affirmation that the statements made are true. APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 Sent Feb. 15 - received Feb 25 rle Ihor Figlus Answers: Why are you seeking this appointment? As I have seen various development come to Wheat Ridge, I have taken an interest in local matters and learned how vital citizen involvement is in guiding that development to maintain and improve the quality of life of its residents and the vibrancy of the city. I would like to serve my community and I think that I can make a relevant contribution to attain these goals. Do you Have experience in the area? Not directly, but I do have community service experience. I hold a B.A. in Economics from the University of Colorado. I am currently President of the Federal Blvd. Partnership, a Registered Neighborhood Organization in Denver, where I own property. The Partnership represents businesses and residents along North Feceral Blvd. and interacts with the City of Denver. In 1992, I helped set up the American Chamber of Commerce in Ukraine and served as its Executive Director and President for five years. Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE: Planning Commission (BOARD/COMMISSION/COMMITTEE) DATE: 3.26.19 DISTR�IC�T�3�------ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 3 years ARE YOU A REGISTERED VOTER? Yes ��- WHY ARE YOU SEEKING THIS APPOINTMENT? Interested in becoming more involved in local planning, currently most of my projects are out of state or overseas. 00 YOU HAVE EXPERIENCE IN THIS AREA? Yes, I'm an AICP certified planner with 16 years of planning experience in public, private, and non-profit sectors. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? l was the Chair of the River North Neighborhood Design Team. my term ended in 2016. ARE YOU EMPLOYED BY THE CITY OF WHEAT RIDGE? No --------- ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? I might be called away far work projects, but 90% of my time has been working from home for the past y/4�� -?-! /J. J SIGNATURE ,,_ -� --,,.�--.------------ PLEASE PRINT OR TYPE NAME: William Andrew Kerns----------------- ADDRESS: 8525 W. 32nd Avenue Wheat Ridge, CO HOME PHONE: 303 815 4264 ZIP: 80033 BUSI NESS PHONE:_3;:u.Qw3...c8u.1�5...!i4�260!4:t.__ _______________ _ E-MAIL ADDRESS: wkerns@openplan net APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR ___ 1 3/26/19 rle Openplan.net Will Kerns, AICP 8525 W. 32nd Avenue Wheat Ridge, CO 80033 303-815-4264 wkerns@openplan.net Planning Commission District 3 – Applicant Introduction Dear Wheat Ridge City Council, Planning Commission, and Municipal Staff, I am interested in filling the role of District 3 Planning Commissioner to become more involved in local planning as most of my projects are out of state or overseas. My background is in transportation planning, originally spent 11 years as the Jefferson County Transportation Planner, then in 2011 founded Open Plan Consultants, LLC. My experience as a private sector consultant for Open Plan had me involved with a wider variety of land use and transportation planning projects for various clients. I was then hired full time by Hyperloop Transportation Technologies as the Global Planning & System Structure Lead. Currently, we are under construction on a full-scale hyperloop prototype in Toulouse, France. More info at www.hyperloop.global Some past experience on a board includes my time as Chair of the River North Neighborhood Design Team (RiND) which is the development review committee for the River North Arts District, my term as Chair ended in 2016, by then we were growing tired of living in the city. We decided to move to Wheat Ridge because we liked how quiet and dark at night it is here. We loved the easy access to the mountains and friendly people here, we found our dream house near Crown Hill Park on 32nd Avenue. I’ve since been building my bonsai garden in the backyard for my seemingly ever-growing collection of bonsai trees sourced from Colorado native plant material. As a planner I understand the importance of gaining a wide variety of input from different stakeholders on plans. Creating opportunities for high quality development to occur rather than only low-cost and low-quality development. I also favor a balance of housing in Wheat Ridge that includes affordable, accessible housing critical to making a place where people can afford to work and live. Thank you for your consideration, Will Kerns, AICP William A. Kerns, AICP Open Plan Consultants, LLC 8525 West 32nd Avenue Wheat Ridge, CO 80033 303.815.4264 – wkerns@openplan.net www.openplan.net Principal Consultant Project Management – Healthy Community Design - Transportation Planning Talented, creative, and accomplished transportation professional with extensive background in multimodal transportation planning, project implementation, and urban design. Highly familiar with public outreach, technical writing and GIS mapping. Adept at developing and implementing plans and policies. Experienced in population forecasting, demographic analysis, geographic analysis, and integrating public health into the planning process. Knowledgeable in formulating new ideas, gaining both internal and public support, funding procurement and implementation. Experienced, big picture visionary that can drill into the details of any given project. Excellent presentation and communication skills across these and other competencies: − Public Speaking - Team Coaching - Technical Writing − Project Team Lead - Project Management - Public/Environmental Health − Transportation Research - GIS Mapping and Analysis - Systems Engineering − Cartography - Inter-jurisdictional Coordination- Coalition Building − Bike/Ped Planning - Transit Planning - Land Planning/Zoning Professional Experience Open Plan Consultants LLC – Founded in 2012 Principal Consultant – 2012 to Present Jefferson County, Colorado – Transportation and Engineering Division Transportation Planner - 2003 to 2012, Traffic Engineering Technician - 2001 to 2003 Open Plan Consultants, LLC - Project Experience Hyperloop Transportation Technologies, Hyperleader Global Planning and System Structure- Contributing management and planning expertise to Los Angeles based startup Hyperloop Transportation Technologies, Inc. Leading two international teams of planners, engineers, designers and attorneys focused on developing a new form of ultra-high speed transportation poised to disrupt existing non-sustainable forms of transportation. Coordinated a Feasibility Study onsite in the United Arab Emirates to plan a Hyperloop corridor between the cities of Abu Dhabi and Al Ain. Currently planning a Hyperloop prototype at Francazal in Toulouse, France. Jefferson County Public Health - Health Policies Coalition Facilitator- Provided trainings, resources, toolkits, funding opportunities, one-on-one and coalition capacity building to Active Living Coalition members. Used a variety of active living policy and program issues such as: active transportation, connectivity, public transit, park access, shade, Safe Routes to School, and HEAL Cities & Towns Campaign. Led a Jefferson County Active Living Policy Scan which supports a process to develop and adopt an Active Living Plan and included policy, land use code, regulations, initiatives and funding histories. Safe Routes to School Building Community Coalitions Grant- Managed large community-based coalitions in five selected Colorado towns for a two year CDOT Safe Routes to School pilot program. Served as the lead in implementing all activities for non-profit Action for Healthy Kids, facilitated communications and coalition meetings, developed community tool kits, directed the competitive seed grant process and activated the SRTS target audiences in each community. Chair, River North Art District Neighborhood Design Team (RiND)- Led the Urban Design and Architectural Review Committee for the rapidly developing RiNo Art District, served as the main neighborhood point of contact for incoming developers, established and followed a set of goals when reviewing conceptual site plans for urban design public/private improvements that are tied to the goals of the RiNo Art District. Collaborated with the members of the RiND to then make recommendations to developers regarding master site plans. Faculty/Team Coach, Leadership in Healthy Community Design- Assisted with the design and development of the master program curriculum for non-profit Regional Institute for Health and Environmental Leadership (RIHEL). Planned the programs and evaluations for five individual program events. Delivered workshops on various aspects of healthy community design, teamwork, team projects, leadership and communication during the on-site training events. Served as an adviser for the program participant teams meeting with, supporting, and provided transportation planning assistance to the multidisciplinary teams regarding their team projects. NEPA Experience Key Achievements: RTD- Assisted RTD with the Gold Line EIS and on the final steps of the West Corridor EIS, collaborated with RTD staff, consultants, and stakeholders, provided technical assistance as a representative of Jefferson County at working groups and public meetings. US 36- Worked on the US 36 EIS and helped to point the stakeholders toward a more flexible side running BRT system that covers a smaller, less impactful footprint, later adopted as the preferred alternative for the corridor. Currently implementing a network of secure Bus then Bike shelters along the US 36 Corridor. I 70 PEIS- Helped to develop the I 70 Programmatic EIS through stakeholder participation meetings, the I 70 Coalition, and the I 70 Coalition Technical Committee which was responsible for reading and making comments on the I 70 PEIS document. Performed this duty on behalf of both Jefferson County and the I 70 Coalition. Project has a long range timeline of over 20 years. Plan Creation Key Achievements: Evergreen Trails Master Plan- Currently managing planning, mapping, and public involvement for this local planning process. Focusing on connecting the downtown area with surrounding library, schools, parks, and retail areas with a walkable/bikeable trails plan. Conducting outreach to area stakeholders and residents. Plan is currently in draft form to be adopted in 2015. Conifer Trails Plan- Developed the Conifer Walkability Plan which envisions a network of hard and loose surface trails in the Conifer area. This network connects parks, schools, commercial areas and the RTD Park n Ride with a walkable and bike friendly network. Worked with the Conifer Area Council, a community organization to refine the plan, then conducted public outreach and solicited feedback from the community. Jefferson County has finished two of the initial priority projects with the third now in the design phase. Statewide Transit Plan- Conducted public engagement for the CDOT Statewide Transit Plan. Created an interactive statewide contact database. Provided support and coordination of statewide open houses and work sessions. Assisted in stakeholder engagement and collected and reviewed feedback from stakeholders. The Statewide Transit Plan identifies and evaluates passenger rail and express bus corridors throughout the state and is focused on linking planned improvements with existing local transit providers. I 70 Studies- Served on the I 70 Coalition Technical Committee and helped prepare the I-70 Land Use Study for Transit. Assisted in selecting and guiding the consultant team, which made recommendations for the land uses surrounding potential I 70 rail stations along the corridor. This study looked at potential rail alignments both inside the I 70 highway corridor and off-corridor. Participated in the Rocky Mountain Rail Authority High Speed Rail Feasibility Study by attending steering committee plus occasional executive committee meetings, provided clear and relevant technical expertise. Both studies were developed concurrently, and each utilized the findings of the other. Education and Certification American Planning Association, American Institute of Certified Planners, February 2007 University of Northern Colorado, Bachelor of Science, Applied Geography, Earth Science Minor, May 2001 Personal Accomplishments 2013 Bonsai Artist of the Year, Membership Chair – Rocky Mountain Bonsai Society 2nd Degree Black Belt – Assistant Instructor, Clear Creek Taekwondo Eagle Scout – Troop 737 Evergreen, Colorado, Boy Scouts of America ✔ th 3/27/19 rle Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: Planning Commission (Board/Commission/Committee) DATE: 3/27/19 DISTRICT: III HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? 15 years ARE YOU A REGISTERED VOTER? Yes WHY ARE YOU SEEKING THIS APPOINTMENT? I am interested in working with the Commission and citizens to help to guide the future of development and planning inthe Wheat Ridge community. DO YOU HAVE EXPERIENCE IN THIS AREA? Yes. I am a Landscape Architect with 25 years of experience in a wide array of project areas and client types. My initial career experience was in residential design and construction. After that I worked on commercial and civic projects with an architecture firm for 18 years. This included work on parks, commercial and public buildings, higher ed and healthcare campuses, as well as sports and recreation projects. The majority of these projects involved public agency approvals and afforded me an opportunity to work with many local municipalities and a variety of regulatory groups. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? I served on the LocalWorks (then WR2020) board for 3 years. I still volunteer with LocalWorks on various projects. ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? I don't believe I have any conflicts but would like to understand the commitment a bit more. PRINT NAME David Land-Closson ADDRESS 8730 W. 34th Ave HOME PHONE c. 720-320-6615 BUSINESS PHONE E-MAIL ADDRESS dlandclosson@gmail.com Checking here completes your application, constitutes your signature and affirmation that the statements made are true. APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29 Ave., Wheat Ridge CO 80033 Submit ATTACHMENT 4 ATTACHMENT 5 Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: (Board/Commission/Committee) DATE: DISTRICT: HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? PRINT NAME ADDRESS HOME PHONE BUSINESS PHONE E-MAIL ADDRESS Checking here completes your application, constitutes your signature and affirmation that the statements made are true. APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk’s Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 Board of Adjustment, At Large 3/11/2019 II 2 1/2 years Yes Working in Downtown and in River North for the last several years I have become really engaged in where I work and I want to become more engaged in where I live. By being on the Board of Adjustment I will be given the opportunity to support my local government and the citizens in a way that will continue to evolve our county for the better. I worked in commercial real estate development in Denver county and kept updated on the zoning ordinances, temporary use permits, floodplain zoning ordinance, and sign code and interprets these ordinances for our development. While I understand these are different counties I feel like this experience will offer a good deal of tools to reflect on. I am currently on a non-profit board Big Brothers Big Sisters of Colorado as co-chair, and have been active for 2 years. No Tiamo Wright 4075 Quay Street 720-666-5957 TiamoWright@gmail.com ✔ Submit 3/12/19 rle ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO RATIFY MAYORAL APPOINTMENTS TO THE HOUSING AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: The members of the Housing Authority are appointed by the Mayor and ratified by City Council. There currently are vacancies in District I, term to expire 3/2/2021, re-appointment in District II, term to expire 3/2/2024 and a City Council Member appointment due to Tim Fitzgerald’s resignation. Two applications were received for the vacant position in District I. Those applicants are Shawnna Black and Cheyanne Kinghorn, both residents of District I. Current Housing Authority Member Chad Harr, District II, has reapplied for another five-year term. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Members of the Housing Authority are appointed by the Mayor and ratified by City Council. Mayor Starker has reviewed the applications and requested input from Council Members regarding the Elected Official position vacancy. Council Action Form – Mayoral Appointment to the Housing Authority April 22, 2019 Page 2 RECOMMENDATIONS: Mayor Starker is recommending that Cheyanne Kinghorn be appointed to the Housing Authority representing District I, Chad Harr be re-appointed to the District II position and Council Member Amanda Weaver be appointed to the Authority. RECOMMENDED MOTION: “I move to ratify the District I Mayoral appointment of Cheyanne Kinghorn to the Housing Authority, term to expire March 2, 2021, and “I move to ratify the District II Mayoral re-appointment of Chad Harr to the Housing Authority, term to expire March 2, 2024, and I move to ratify the appointment of Amanda Weaver as the Elected Official Appointee. Or “I move to deny the appointment of ________________to the Housing Authority for the following reason(s) _____________________.” REPORT PREPARED BY: Robin Eaton, Deputy City Clerk Janelle Shaver, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Housing Authority Applications Board & Commission Application PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION PER APPLICATION APPLICATION FOR APPOINTMENT TO THE: (BOARD/COMMISSION/COMMITTEE) DATE: DISTRICT HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? ZIP: SIGNATURE PLEASE PRINT OR TYPE NAME: ADDRESS: HOME PHONE: BUSINESS or CELL PHONE: E-MAIL ADDRESS: APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR District 1 Planning Commission District 1 19 years Yes More involvement into the community and how NO No Shawnna Black 2915 Pierce Street 80214 303.503.6233 303.503.6233 sleab@icloud.com January 19, 2019 I worked in the Technical field as a Systems Consultant and Project Manager field for 25 years, planning and excututing project for companies. I may be able to give a voice, thoughts and understanding to the city of Wheat Ridge . I enjoy Wheat Ridge the old and the new and being involved in that future sound interesting and fun. 2/5/19 rle Per 03/12/2019 email use this Planning Commission application for any of the positions and the At Large ATTACHMENT 1 City of Wheat Ridge Board & Commission Application for Reappointment Please circle one of the following: Yes, I would like to reapply for another Five-year term (Go to Section A&B) No, I do not wish to serve another term (Go to Section B) A.APPLICATION FOR REAPPOINTMENT TO THE: (BOARD/COMMISSION/COMMITTEE) DATE: DISTRICT ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? B.INFORMATION – PLEASE COMPLETE TO UPDATE RECORDS NAME: ADDRESS: HOME PHONE: BUSINESS or CELL PHONE: E-MAIL ADDRESS: I hereby certify and affirm that all the information contained in this application is true, complete and correct. I understand that false or misleading statements or the omission of important information made on this application or any time during the process may disqualify me from serving for this position. I understand that the City Council must appoint or ratify all members to Boards and Commissions. SIGNATURE APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR 3/6/19 rle ITEM NO: DATE: April 22, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENT OF REPRESENTATIVES TO THE 2020 OUTSIDE AGENCY PROGRAM COMMITTEE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: The purpose of creating the 2020 Outside Agency Program Committee is to provide an additional opportunity for citizens to participate in the budget process. This committee gives citizens the opportunity to weigh community needs with available resources and provide recommendations to City Council. FINANCIAL IMPACT: None BACKGROUND: The current committee had three returning members from the 2019 Outside Agency Program Committee. In order to fill the openings in each district, the staff advertised for new committee members on the city website, social media, mainstream media, print publications, and Mayor’s Matters. Current members’ appointments will expire in 2019 after recommendations are presented. New members will be appointed to serve on the committee in May/June 2019. The second year of their term will be in May/June 2020, to expire after recommendations are presented in 2020. The Outside Agency Program Committee (the Committee) had five seats to fill, and received six applications. The application period was open from March 21 until Monday, April 15. All qualified appointments were chosen based upon districts seats needing to be filled and Council Action Form - Outside Agency Program Committee Appointments April 22, 2019 Page 2 availability to attend the presentation dates. The applications of the new appointments are included as Attachment 1. District I: District II: 1. Alejandra Major (Current Member) 1. James Skinner (New Member) 2. Cheryl Brungardt (New Member) 2. Kristine Disney (New Member) District III: District IV: 1. Margie Robinson (Current Member) 1. Sunny Garcia (Current Member) 2. Madelaine DeVan (New Member) 2. Christopher Schilling (New Member) Applications for organizations requesting funding allotments are due April 26, 2019. The presentations to the Committee will be Tuesday nights from 6-8:30 p.m.: May 14, May 21, May 28, and June 4. The final recommendation decision meeting will be the week of June 10. The committee or representatives will present its recommendations to Council on June 17. RECOMMENDED MOTIONS: “I move to appoint ______________________ to the 2020 Outside Agency Program Committee, District ____ , term to expire after 2021 budget recommendations are presented in 2020.” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Outside Agency Program Committee Appointment Applications ATTACHMENT 1 Outside Agency Program Committee Application The Wheat Ridge City Council is seeking volunteers to participate on the Outside Agency Program Committee to review and recommend funding allocations for the Outside Agency Program. One Wheat Ridge resident will be chosen from each City Council District to serve on the Committee for a two-year budget cycle term (2019 & 2020) to expire July 2020. Contact Information Full Name Address I live in District: Email Address Phone Why do you want to serve on the Outside Agency Program Committee? Christopher Schilling 4690 Everett St IV cschilling88@hotmail.com 816-351-2637 I would like to serve on the Outside Agency Program Committee to begin understanding where and why money is allocated within the community and the services those programs provide. I am relitively new to the city of Wheat Ridge and am looking to get involved to better the city in which I live. Can you foresee any conflicts of interest you may have with the outside agencies that may apply? (i.e. working at or serving on a board or non-profit) Yes No If yes, please explain To be considered for the Outside Agency Program Committee, you will need to attend the application review presentations in 2019. Please check the dates you are available to attend: May 14 May 21 May 28 June 4 Verification (Please check box) I am requesting appointment as a member of the Outside Agency Program Committee. If appointed, I hereby commit to the best of my ability to fulfill the role for a two year term until July 2020. Full Name Date Please submit your application to Assistant to the City Manager Marianne Schilling at mschilling@ci.wheatridge.co.us All qualified candidates will be contacted directly regarding next steps. Applications are due by Monday, April 15, 2019 at 5 p.m. 4 4 4 4 4 Christopher Schilling 04/04/2019