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HomeMy WebLinkAbout06/26/2006 11 .~ .J ' t ~ fI(j.UIJ.)(; ~J 6:30 p.m. Pre-Meeting ;\ ~ = I'J 9;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 26, 2006 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF June 12, 2006 PROCLAMATIONS AND CEREMONIES Autumn Hughes, National Geography Bee - T)!!er Hughes, 2006 Colorado Chess Champion , fl D 0'o.-\c~ ~ ~ Cl(2$/Y Co \hi~~~~ \,~k. fts~. CITIZENS' RIGHT TO SPEAK I v 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA Item 1, CONSENT AGENDA: A. Award RFB-06-46 Panasonic Computer Notebooks for Police Department Patrol Vehicles to Portable Computer Systems in the total amount of $29,07000 B Award RFB-06-37 replacement of the outdoor bleachers at Prospect Park in the amount of $44,076 00 CITY COUNCIL AGENDA, June 26, 2006 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2, Item 3. Item 4, COUNCIL BILL NO 13-2006 - AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE. PUBLIC HEARING ON RESOLUTION 30-2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ADOPTING THE NORTHWEST SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN Public Meeting on 2007 Budget. ORDINANCES ON FIRST READING Item 5, Item 6. COUNCIL BILL 14-2006 - AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC PLACES COUNCIL BILL 15-2006 - AN ORDINANCE APPROVING THE PARTIAL REVOCATION OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS - DECISIONS, RESOLUTIONS, AND MOTIONS Item 7. Item 8. RESOLUTION 31-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE WHEAT RIDGE URBAN RENEWAL AUTHORITY AND AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A ONE TIME PAYMENT TO THE AUTHORITY IN THE AMOUNT OF $100,000 RESOLUTION 32-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES CITY COUNCIL AGENDA June 26, 2006 Page -3- CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT - ~~mtmfrR CITY OF WHEAT RIDGE, COLORADO June 12, 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble Also present: City Clerk, Pamela Anderson, City Manager, Randy Young: City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, Director of Parks and Recreation, Joyce Manwaring, staff: and interested citizens APPROVAL OF MINUTES OF Mav 22, 2006 - Motion by Mr Gokey for approval of the Minutes of May 22, 2006, seconded by Mrs. Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor DiTullio presented a Certificate of Appreciation plaque to the Wheat Ridge Rotary Club for the financial support of the Wheat Ridge Recreation Center Members accepting for the Rotary Club were Mr Watson and Mr Gilmore Mayor DiTullio presented a Certificate of Recognition plaque to Sergeant Paula Balafas for promoting and administering the Police Department's Citizen Academy Police Chief Daniel Brennan accepted the award on behalf of Sergeant Balafas and recognized Police Citizen Academy graduates who attended the ceremony Meeting was recessed at 708 P m for a brief reception The meeting was resumed at 7.21 pm CITY COUNCIL MINUTES JUNE 12, 2006 Page -2- CITIZENS' RIGHT TO SPEAK Fire Chief Jim Payne made a public service announcement regarding the fireworks ban in place for Jefferson County and Wheat Ridge Fire Protection District. He stated that the fire danger is extremely high, and urged people to be careful EXECUTIVE SESSION Motion by Mr Stites to go into Executive Session for a conference with the City Attorney and appropriate staff under Charter Section 5 7(b)(1 )(D) and (b)(3) and Section 24-6- 402(4)(b), C R S , specifically for the purpose of receiving legal advice on specific legal questions and to consider real estate appraisals concerning the potential acquisition of properties with the use of the City's allocable share of Jefferson County Open Space funds (Van Gordon property and Northwest Lakewood Sanitation property) and .a report from City Attorney on litigation filed challenging Councils' approval of rezoning for property at 7495 West 29th Avenue He further moved to return to the open meeting at the close of the executive session for the purpose of taking any formal action deemed necessary; seconded by Mr Womble, carried 8-0 Adjourn to Executive Session at 7.23 p m Resumed at 758 P m - Item 1, CONSENT AGENDA: A. RESOLUTION 25-2006 - AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $2,000 FOR ACCEPTANCE OF THE COLORADO REGIONAL POLICING INSTITUTE GRANT B RESOLUTION 26-2006 - AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $17,164 FOR ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL BUREAU OF JUSTICE ASSISTANCE GRANT C RESOLUTION 27-2006 - APPROVING A TOWER LEASE WITH OPTIONS, ALLOWING T-MOBILE WEST CORPORATION TO UTILIZE THE MUNICIPAL RADIO TOWER. CITY COUNCIL MINUTES JUNE 12, 2006 Page -3- D RESOLUTION 28-2006 - AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $6,000 FOR THE ACCEPTANCE OF A GRANT FOR THE DESIGN OF WILDLIFE VIEWING PLATFORMS E RESOLUTION 29-2006 - AMENDING THE FISCAL YEAR 2006 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $36,329 FOR THE ACCEPTANCE OF THE STEVENS ELEMENTARY PLAYGROUND GRANT F Approve Award of RFB-06-36 Herbicide Services in the amount of $20,324 for 2006 and $30,486 per year for 2007 and 2008 for a total of $81,296 G Approve Award of RFB-06-29 Solid Plastic Lockers and installation in the amount of $68,900 for replacement of lockers at the Wheat Ridge Recreation Center - H Ratification of the purchase of a Police Department uninterruptible power supply system in the amount of $105,250 35 Approve Award of SOQ-06-21 Geographic Information System (GIS) Phase III in the total amount of $170,420 Consent Agenda was introduced and read by Mr Stites Motion by Mr Stites for approval of the Consent Agenda, seconded by Mrs Sang Mr Stites called for the previous question, seconded by Mrs Sang, carried 6-2, with Mrs Berry and Mr Gokey voting no Mr Gokey is opposed to this because he feels he has been censured and is not allowed to bring to the public needed information what we are passing in this $360,000 Consent Agenda Original motion carried 7-1, with Mr Gokey voting no CITY COUNCIL MINUTES JUNE 12, 2006 Page -4- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL NO 10-2006 - AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26-107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS Mayor DiTullio opened the public hearing Council Bill 10-2006 was introduced on second reading by Mr Gokey, who also read the title Executive Summary was read by City Clerk Pam Anderson, who also assigned Ordinance No 1360 Alan White, Director of Community Development, presented the staff report, Beth McBride, 5801 W 33rd Avenue, testified in support of the ordinance City Council asked questions and made comments regarding the ordinance Mayor DiTullio closed the public hearing - Motion by Mr Gokey to approve Council Bill 10-2006 (Ordinance No 1360) on second reading and that it take effect 15 days after final publication with the following amendment: Add to the end of Sections 1055, R105 5, and 26-107(A)(3) the following language "The extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner. Any denial of an extension may be appealed to the Director of Community Development. " Seconded by Mr Womble, carried 8-0 Item 3. COUNCIL BILL NO 11-2006 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING CONTRACTORS' LICENSES AND INSURANCE Mayor DiTullio opened the public hearing Council Bill 11-2006 was introduced on second reading by Mr Gokey, who also read the title City Clerk Pam Anderson read the Executive Summary, Statement of the Issues and assigned Ordinance No 1361 CITY COUNCIL MINUTES JUNE 12, 2006 Page -5- Alan White, Director of Community Development, presented the staff report. City Council asked questions and made comments on the item Mayor DiTullio closed the public hearing Motion by Mr Gokey to approve Council Bill 11-2006 (Ordinance No 1361) on second reading and that it take effect 15 days after final publication with the following amendments to our published ordinance (d) Insurance. A certificate liability insurance from an insurance company licensed to do business in the state shall be filed with the city prior to issuance of any Class A, B or C municipal contractor license. Said certificate shall name the city as policy holder or additional insured. The limits of such coverage shall include workers compensation and employer's liability in the amount of two hundred fifty thousand dollars ($250,000) per person and one million dollars ($1,000,000) per accident; and general liability coverage in the amount of two hundred fifty thousand dollars ($250,000) per occurrence and one million dollars ($1,000,000) general aggregate. - (e) License and Permit Bond. A cash bond in the amount of ten thousand dollars ($10,000) shall be deposited with the city prior to issuance of any Class A, B, or C municipal contractor licenses. The bond shall be held by the city to insure completion of any work permitted to the municipal contractor and to warrant any work performed under a license for a period of two years. An insurance company performance and warranty bond acceptable to the director of public works may be substituted for the required cash bond. And I further move to amend the motion to remove the insurance requirement for contractors doing business on residential property in the City of Wheat Ridge. Seconded by Mr Womble Upon Mr White's questioning for clarification, Mr Gokey confirmed that he wants no insurance requirements for residential property, such as singe family residences. Mr Gokey would like this discussed at a Study Session to wordsmith the language Main Motion as amended failed 2-6, with Mr Gokey and Mr Womble voting yes. CITY COUNCIL MINUTES JUNE 12, 2006 Page -6- Motion by Mr Gokey to take this item to a study session for further discussion, seconded by Mr Womble, failed 3-5, with Councilmembers Gokey, Schulz, and Womble voting yes Motion by Mrs Sang to approve Council Bill 11-2006 (Ordinance No 1361) on second reading and that it take effect 15 days after final publication with the following amendments (d) Insurance. A certificate liability insurance from an insurance company licensed to do business in the state shall be filed with the city prior to issuance of any Class A, B or C municipal contractor license. Said certificate shall name the city as policy holder or additional insured. The limits of such coverage shall include workers compensation and employer's liability in the amount of two hundred fifty thousand dollars ($250,000) per person and one million dollars ($1,000,000) per accident; and general liability coverage in the amount of two hundred fifty thousand dollars ($250,000) per occurrence and one million dollars ($1,000,000) general aggregate. (e) License and Permit Bond. A cash bond in the amount of ten thousand dollars ($10,000) shall be deposited with the city prior to issuance of any Class A, B, or C municipal contractor licenses. The bond shall be held by the city to insure completion of any work permitted to the municipal contractor and to warrant any work performed under a license for a period of two years. An insurance company performance and warranty bond acceptable to the director of public works may be substituted for the required cash bond. - Seconded by Mrs Rotola, carried 7-1 with Mr Gokey voting no Item 4, COUNCIL BILL NO 12-2006 - AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS , SPECIFICALLY CODE SECTION 11-170 CONCERNING THE REGULATION OF PAWNBROKERS Mayor DiTullio opened the public hearing Council Bill 12-2006 was introduced on second reading by Mrs Sang, who also read the title City Clerk Pam Anderson read the executive summary and assigned Ordinance No 1362 CITY COUNCIL MINUTES JUNE 12, 2006 Page -7- City Attorney Gerald Dahl was present for questions from the City Council Mayor DiTullio closed the public hearing Motion by Mrs Sang to approve Council Sill 12-2006 (Ordinance No 1362) on second reading and that it take effect 15 days after final publication, seconded by Mr Womble, carried 8-0 ORDINANCES ON FIRST READING Item 5, COUNCIL BILL NO 13-2006 - AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE Council Bill 13-2006 was introduced on first reading by Mrs Rotola Motion by Mrs Rotola to approve Council Bill 13-2006 on first reading, order it published, public hearing set for Monday, June 26,2006 at 7:00 p.rn in the City Council Chambers, and that it take effect January 1, 2007; seconded by Mrs Sang, carried 8-0 - DECISIONS. RESOLUTIONS AND MOTIONS Mr Dahl introduced two possible motions by City Council Motion by Mr Gokey to direct staff to continue with efforts to evaluate and acquire the Van Gordon property and bring those efforts back to Council including analysis of the environmental conditions on the property; seconded by Mr Schulz and Mrs Rotola, carried 5-3, with Councilmembers Adams, Sang, and Womble voting no ELECTED OFFICIALS' MATTERS City Clerk Pamela Anderson reminded citizens to vote in the August 8 Primary Election and gave information on how to obtain an absentee ballot. Mayor DiTullio informed citizens that no fireworks of any kind are allowed in Wheat Ridge There is a significant fire danger He encouraged people to attend regulated fireworks events CITY COUNCIL MINUTES JUNE 12, 2006 Page -8- Mr Womble left the meeting at 8'46 p m Consensus was 4-3 to move to a study session a discussion of the renter/leaser inspection program Mr Womble returned to the meeting at 8 52 p m Mrs Rotola reminded everybody that it is illegal to put signs on telephone poles Meeting adjourned at 8 56 P m APPROVED BY CITY COUNCIL ON JUNE 26, 2006 BY A VOTE OF to Mike Stites, Council President The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions CIRSA Safety Champion Award Nomination Form Committee Describe why this individual or group deserves this award. Nominees must have shown InitIative by satisfying at least one of the criteria listed on the prevIOus page. Include specific examples and documentation - convince the Judges! In March of2004 the City of Wheat Ridge Safety Committee implemented a Safety Recognition Program. The program was implemented to raise awareness of safety Issues, reduce employee accidents and injuries and instill proactive behaVIOrs that create a safe working culture. The program rewards employees for practicing safe behaviors and attending safety trainings or wellness events. Employees are also rewarded for mamtaining a preventable accident and avoidable injury free status. The Safety Committee created the program to fit the specific needs of the City The Job dutIes within the city range from very low risk activities to extremely high nsk actIvitIes. The committees' goal was to Implement one Safety Recognition Program that rewarded employees relevant to the level of nsk reqUired for each mdlvidual position within the city The program was implemented In March of 2004 Participation In the program IS voluntary and enrollment for the first six month period totaled 119 participants with 73 of those enrolled receiving awards. Enrollment in the program has risen to 174 participants. Over the first two years of the program the City has expended $8,005 A brochure further describing the program along With a nsk assessment form and point submittal form are attached to proVide further explanation of the program. Employees have acknowledged that the Safety Recognition Program has raised the level of awareness regarding safety and has increased morale. The program, through award of bonus pomts, encourages employees to attend safety trainings and wellness activities; therefore, supports a safe working environment and encourages personal health and wellness. Other cities within the metro area (Lakewood, Golden and Idaho Spring) have heard about the City of Wheat Ridge Safety Recognition Program and are consldenng Implementation of similar program withIn their respectIve city. ITEM NO: \ , ~\ REQUEST FOR CITY COUNCIL ACTION I~$~' ~ IUl COUNCIL MEETING DATE: June 26, 2006 TITLE: AWARD RFB-06-46 P ANASONIC COMPUTER NOTEBOOKS FOR POLICE DEPARTMENT PATROL VEHICLES TO PORT ABLE COMPUTER SYSTEMS IN THE TOTAL AMOUNT OF $29,070.00 D PUBLIC HEARING i:8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes i:8J No - EXECUTIVE SUMMARY: The City currently has twenty-five patrol vehicles and each has a Mobile Data Terminal (MDT) computer that is linked to the Police Department via a secured wireless connection. These computers allow the patrol officers to stay in the field longer, gather data, and fill out their reports without having to drive back to the station. With the reliance on technology, the MDT needs to be reliable and stay current with standard technologies. This MDT upgrade is a budgeted, phase two implementation that IS required to provide reliability and speed of computing to the officers in the field. We are replacing nine existing units With upgraded MDTs. The MDT equipment in the patrol vehicles are over four years old and have outlived their projected live span. Hence, these computers are more susceptible to connectivity failure due to the age of the equipment. ThiS causes lost productivity for the end users and increases Information Technology (IT) staff time to fix old technologies that require replacement. In addition, these upgraded technologies will allow IT to configure the systems to optimize performance. In 2005 the City replaced eight units in phase one and in 2007 we expect to replace an additional ten umts in phase three to bring our fleet, including 2 backup MDTs, into a standard and updated configuration. On June 6, 2006, six (6) bids were received. All bids met the initial bid requirements. The apparent low bidder was Portable Computer Systems of Golden Colorado in the total amount of $29,070.00 Staff has reviewed the bid for specification compliance and recommend award to Portable Computer Systems. COMMISSIONIBOARD RECOMMENDA nON: None STATEMENT OF THE ISSUES: The scheduled and budgeted procurement of replacement MobIle Data Computers for the patrol cars. AL TERNA nVES CONSIDERED: No replacement at this time. FINANCIAL IMPACT: Staff recommends the procurement of the replacement Panasomc Mobile Data Terminals in the amount of $29,070 00 These funds are budgeted in the 2006 budget. RECOMMENDED MOTION: "I move to award RFB-06-46 Panasonic Computer Notebooks to Portable Computer Systems of Golden, Colorado in the amount of $29,070.00 " or, "I move to deny award of RFB-06-46 Panasonic Computer Notebooks for the following reason(s) " - Report Prepared by: Reviewed by' Michael Steinke, IT Manager Linda Trimble, Purchasing Agent Patrick Goff, Deputy City Manager Attachments: I Bid Tabulation Sheet OJ ~ c Vi ro .<::: ~ :J QJ a.. "- :0 >- 0 >- .~ aJ - ~I o QJ aJ ~ W > at- U) ro U)a.. ILl ro ILl "''' '" .Il! w w C >- - '" " .- - :J '" 0-' ~...., a. E z a.Q o '!! o ~ "al- a wN;:a.. z ;;>.fb ~eDl::.oo~ "'....wC.O"''-' u)ltiozLU OeDo - G;9w<otnu g:CD5S?~::J oLLoc.oOO iila::CijO:i!a.. - C/) 0:: W I- ::::) a.. :::E o u ~ o o al W I- o Z U Z o C/) <I: Z <I: a.. ~ u w "' o 0::: ll.. r) !J '(J ~ l C .-3 00 a p. ~ V) r-- j cJl t- 'J) j t \)) If) 1J) 0 \)j l. 0 ~ ~ >-- &.::; 7"- r{) - CJ co I(J y;:1 g:1 0:1 ~ CT c::;- cr- J) (y- e-- \....1 ct .3 0 Q) -3 T '2 ~ '0 () ?- , - IlJ r\) - ~ ~ \(j <<) .al ~ tJ ~ L .3 ..'9 ^J -- If) s::: j 7 VJ 0 ...- <] ~ 0- C Q) (J ()<\ (FI 'J f... Q - 2 r rf) - ...- ~(j <0 rr) .t: (J ~ iJ ~ cD 0 ~ <il .0 <t ,J) r() -3 f-k (] 3 ') 0 cJ ()0. r- eu Z 'lJ (1 ?- r0 - - 2:]) <lS ~ ('() t cl 8/ rJ :\l ,~ l. () (lS 0 ,f) <J r--- ef 0) v') IJ) () 0 "7 C) c <U - r- Z .~ 11) 'J ?- rI) - - C Ie C(S () co '4 d HI ~ J, ~i r0 -3 -3 Vl :j CJ ::r- 0- ,f) :J E- o () n) <V 6 t. -r- - - - ~8 /- ;t.J ::r- \0 ~ 'It :2 U) LU :J ill a u U Z ::; a:: LU ct:: ill a.. a U) 0> '<t 0 0 - W N "- <{ U) <.? u.. , LU 0 l.L a:: LU 0 <{ 0 0 LU <.? 0 a.. 9 ~ ~ ~ 0 w 0 0 -J W 2: a:: 0 0 LU -J 0 :J en en a ~ a:: 2: >- f= l- I I 0 0 0 ct:: !!, <{ -J 0 f= U) ill a:: Z <.? <.? ~ z z <( ::;; > u :J :J ~ w u a:: ::J U) <.? 8 0 0 0 0 ill ill ill > ..J f- a Cl (/) l- I- <{ ATTACHMENT 1 ITEM NO: ~ \ REQUEST FOR CITY COUNCIL ACTION ~~ COUNCIL MEETING DATE' June 26, 2006 TITLE: A WARD OF RFB-06-37 REPLACEMENT OF THE OUTDOOR BLEACHERS AT PROSPECT PARK IN THE AMOUNT OF $44,076.00 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date'_) D ORDINANCES FOR 2ND READING QuasI-Judicial. D Yes ~ No - EXECUTIVE SUMMARY: The contract award for the bleacher replacement IS for both the North and South fields at Prospect Park, located at 11300 West 44th Avenue. It mc1udes six (6) aluminum bleacher units, three (3) for each field. Each bleacher unit has a seating capacity of 80 or 240 per field. The bleacher replacement bid award meets GOAL 7 More Leisure Amenities for Famihes, Objective 4' Improved Quality of Parks: Amenities, Mamtenance Level and Safety On June 6, 2006, three bids were received. All bids met the initial bid requirements. The apparent low bidder was DGJD Inc. of Jefferson, Colorado for the base bid amount of $42,576.00. Requirements for the center aisle with railing option, was negotiated to meet the CPSC Standard. The total negotiated amount with the option is $44,076.00. References and qualifications were checked. Staff recommends award to DGJD, Inc. in the amount of$44,076.00. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The Parks and Recreation Department is systematically replacing the bleachers located in the parks that do not meet the safety standards set by the CPSC (Consumer Product Safety CommIssion) and CIRSA. The specifications for these safety standards require fall protection on the back and sides of the bleachers, as well as the floor area. The requirements also specify access for individuals with limited mobIlity The new bleachers will have a center aisle wIth handrails. The Parks and Recreation Department also follows the CPSC for all playground equipment purchases and maintenance. AL TERNA TIVES CONSIDERED: To not award the contract for the replacement of the bleachers. FINANCIAL IMPACT: The cost for the bleachers ($41,076 00) IS appropriated in Fund 32 - Open Space Fund under projects, Bleacher Replacement. RECOMMENDED MOTION: "I move to award RFB-06-37 Replacement of Outdoor Bleachers at Prospect Park, to DOJD, Inc. of Jefferson, Colorado in the amount of $44,076.00 to be charged to account 32-601-800-862." or, - "I move to deny award of RFB-06-37 Replacement of Outdoor Bleachers at Prospect Park for the followmg reason(s) " Report Prepared by' Reviewed by: Joyce Manwaring, Director of Parks and Recreation Lmda Trimble, Purchasing Agent Attachments: 1 BId Tabulation Sheet 060626 RFB-06.37 CAF.doc '" ';i 0.. - ~ "'" 4\ ~ ~ \ ~ ~ ,.0 J} ....so ~ .~ J) ~ /00.- ~ -5" cO <:V <V - ~~ ::::: / -r- ~ '1 r ..3 <t. ~ \.r) ill 0.- \S) -.../ 0 ~ ~, ?J <::> '" .J} 3 " ~ ~~ <():, 'CfJ ~ 1:;- ~ if) ~ rj) J) \.i\ ....... <0 ~ L <V w <::? I- ~ .. ,j)'" t ~ ~ - / '-r- \!) D -r ~ /' en ~ IV' ~ = <;::. " ~ ~\ <::> .?.~ 0 ~ ....::> ~ r ~ k} ~ 0 ~ % ~ J) 2- J - c:0 -- - .-:; ~ <::.0 1 r \J) &: .- 'T -r- --:::t- ::J --.J (<) U .... C'l uJ ~ ~ ~ ~ 't3 J 0 ~ ro ~ ! ~ 0:: ~ <' uJ 0 .... ~ z 'i <;i <;i ~ ~ III uJ <3 Q ... \~ <l uJ \ uJ \ ~ ~ 0:: () ~ 0- 0- 0- 0 ~ Yi to to <.1. :..J ~ (/) (/) ~ ~ tS tS 9 ~ Z It. ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ '& S - ~ ~\ ~~ z ~ \;(: ~ <' 0 <6,\ <;i\ <;i \ <.) rt. ;.J - 0 u.l <3 't! \'S. (/) z ;>- \0\ ~ c( 0- '0 U1 ~ ~ 0- f/) ~ :r. <a U1 u\ '5 o o l- 5 Q) ~ Ol C jj; g> ~ ~ ~ n 0.. '5 <ll 0. 'j3:;"- ~ to ",0.; ~.c e ~ or-~o. uJ (\) uJ ffi-O z~ o..,s ~:;] o....J$--") ~ ... o ~ toZ 0.0 <i\ 0- o'Z. " Q uJ C'l ... ~ ~>fu ...1-''1.00 tio. C1 ';,( 8 ~ '2,'" o_-;.(/) oquJ8'C.~ ~,&a~a'2. %ct%o~O- - -- g ""') o t:t. 0- J.1'1'J.ctttllEtl1' '\ ITEM NO: Q, REQUEST FOR CITY COUNCIL ACTION C'/$~ ~O COUNCIL MEETING DATE. June 26, 2006 TITLE: COUNCIL BILL 13-2006: AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE. [gj PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING [gj ORDINANCES FOR 2ND READING - I / Quasi-Judicial: EXECUTIVE SUMMARY: The existing massage ordinance is in Section 16 of the Municipal Code under miscellaneous VIOlations. The proposed ordinance would adopt a new article in Section 11 of the Municipal Code which pertains to licensing. The City's current code, concerning massage parlors and massage therapy practice, is based on State statute which was written when massage was a novelty often assocIated with prostitution. The massage therapy profession has since emerged as a valid form of alternative health care promoted by traditional medIcal providers. Now more than ever, massage therapy professionals are recognized as caregivers who holistically contribute to the health and well-being of society as a whole. It is time massage therapists be moved from the dark and obscure realm of presumed crime to the daylight of legitlmate business licensing and accorded the official respect they have earned by formalizing professional education and improving the profession and its accountability via recognized professional organizations SImilar to those for other professions. This agenda item was presented for discussion at the May 1, 2006 City Council Study SessIOn and consensus was carried to bring the ordInance forward to a regular City Council meeting. SInce the Study Session, Section 11-240 was added to the proposed ordinance to address the question of providers of free or tips or donations only chair massage at public special events, requinng those not licensed in the City to provide proof of license from other cities as temporary credentials for the duration of the event only. Attachment # 1 Includes a memorandum distributed as part ofthe May 1, 2006 Study SessIOn. Both the City and the professIOn worked in concert to aITlve at language that works for all concerned. All massage licensees on record as of January 5, 2006 were invited to JOIn the process and/or submit written comment. Correspondence received by the City IS included as Attachment #2. This Council Bill meets the City Council goal of "Strong Partnership between City and Commumty" by appropriately involving Citizens in policy development and providing an open and transparent City government. In addition, realigning the application and license fee closer to the actual costs of staff time meets the goal of "Creating a Sustainable City Government" by providing adequate revenues to support detined services and service levels. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: - The current location of the massage licensing code is located in SectIOn 16 which pertams to offenses. ThiS placement not only presumes crime, but it makes it difficult for people to locate the code. The current code permits adult-entertamment massage establishments; the proposed recognizes the nature of massage as alternative medicine and proposes to govern it as such, disallowmg uneducated and uncertitied practice which may be harmful to citizens and visitors. The current code does not call for official identification and insurance of practitioners; the proposed does in order to streamline enforcement and offer basic assurance to consumers that minimal quality of service has been verified. ALTERNATIVES CONSIDERED: Mamtain the current code. FINANCIAL IMPACT: Application fees will increase to $100 and $180 for individual therapists and multiple therapist centers, respectively, to cover what was conservatively determined to be the costs of advising, providing and processing applications through the tax and police departments and will not be subject to refund. Current licensees will not be required to reapply except where a license has lapsed. Licensing fees will increase to $40 and $70 per year for individual therapists and multiple therapist centers, respectively, to offset what was conservatively determined to be the costs of providing ID, license, reporting advisement, oversight and enforcement. Current licensees, presently 84 combmed, will be subject to these fees upon renewal on January 1, 2007 RECOMMENDED MOTION: "1 move to approve Council Bill 13-2006, An Ordinance Adopting a New Article X of Chapter 11, Concernmg The Licensing of Massage Therapists and Massage Therapy Centers, and Repealing Articles X and XI of Chapter 16, Concerning Massage Parlors and Massage Therapy Practice, on second reading and that it take effect January 1,2007 " or, "1 move to table indefinitely Council Bill 13-2006, An Ordinance Adopting a New Article X of Chapter 11, Concerning The Licensing of Massage Therapists and Massage Therapy Centers, and Repealing Articles X and XI of Chapter 16, Concernmg Massage Parlors and Massage Therapy Practice for the following reason( s) " Report Prepared by' Reviewed by. Kathy Franklin, Sales Tax Auditor Patrick Goff, Deputy City Manager - Attachments: 1 April 26, 2006 Memorandum 2. Correspondence a. February 9, 2006 letter from Maureen K. Morgan, CMT b. May 22, 2006 letter from Standley Lake Massage Therapy, Inc. 3. Council BilI 13-2006 ITEM 3. May I, 2006 Study Session City of Wheat Ridge Office of the City Manager Memorandum TO: Randy Young, City Manager FROM: Kathy Franklin, Sales Tax Auditor ~ THROUGH: PatrIck Goff, Deputy City Manager DATE: April 26,2006 SUBJECT: Ordinance Concerning Licensing of Massage Therapists and Massage Therapy Centers The attached draft ordinance concerns repeal of the existing massage ordinance now obscured in Section 16 of the Municipal Code under miscellaneous violations, and replacement of it with a new one in Section 11, pertaining to licensing. - The current code is based upon the State statute whIch was written at a time when massage was a novelty often associated with prostitutIOn. The massage therapy profeSSIOn has since emerged as a valid form of alternative health care promoted by traditIOnal medical providers. Now more than ever, massage therapy professionals are recognized as care-givers who holistIcally contribute to the health and well-being of society as a whole. It is tIme massage therapists be moved from the dark and obscure realm of presumed crime to the daylight of legitimate business licensing. The proposed ordinance also simplifies the law. If a license IS not issued, this means no massage services for pay of any kind, exceptmg doctors and simIlar It sets forth clearly the requirements for licensing including educatIOn and background, and for remaining in good standing and keeping the hcense. It also provides for multi-therapist practIces to avoid the question of parlors, which has been badly mIsconstrued for years. The proposed ordinance will legally disallow adult entertainment-style massage parlors as State law pernuts. Both the City and the profession worked in concert to arrive at language that works for all concerned. All massage lIcensees on record as of January 5, 2006 were invited to join the process and/or submit written comment. Two therapist-busmess owners, Christopher White and Dean Hasse, participated actively Kathryn Stewart ofthe American Massage Therapists' Association, Les Sweeney and Karen LanIgan ofthe Institute of Bodywork and Massage Professionals were deeply involved. Also participating was Dennis Simpson, proprietor ofthe Colorado School of Healing Arts, who has previously advised other local cities on the subject. A letter from Maureen K. Morgan, CMT is attached to this memorandum. City personnel who participated were the Sales Tax Department and Police Commanders Wade Hammond and Joe Cassa. This IS a much needed overhaul to keep ahead of the changing texture of small business. If not ground- breaking, it's well in the forefront of the movement toward recognizing the validity ofa recently _ emerged profession and governing it as such. ATTACHMENT 1 ~ February 9, 2006 To Whom It May Concern I was not able to make the meeting Thursday, Feb. 9th, and would like to give my thoughts about massage therapy in Wheat Ridge I have been a Certified Massage Therapist (CMT) since March of 1997. I graduated with 680 hours from Colorado School of Healing Arts and since have acquired over 1000 hours. Annually I purchase Liability insurance from IMA (International Massage Association) and a general massage license from the City of Wheat Ridge. I have been a part of a massage practice in Wheat Ridge since 1999 The business name is Massage Therapy Associates I feel that our establishment is a business. We have worked and established our business with the city and should be considered a business and NOT a parlor Which to me sounds condescending? - I am not a LMT (Licensed Massage Therapist) or Nationally certified but feel I am very qualified to practice Being licensed should NOT be a qualification for practicing massage therapy in Wheat Ridge Taking a test and paying the state for an additional license would not make me a better therapist. Possible qualifications for practicing massage in Wheat Ridge 1) Graduation from an accredited school with transcripts 2) Proof of liability insurance 3) General massage license from the city Thank you for considering my suggestions. Sincerely, '1Y\ C\tc\t.CJ>n~'S c /21/ Maureen K. Morgan, CMT ATTACHMENT 2 Standley Lake Massage Therapy, Inc. Since 1982 May 22, 2006 City of Wheat Ridge City Council 7500 W. 29th Ave. Wheat Ridge, CO 80033 RE: Proposed Massage Therapy Ordinance To Whom It May Concern: I am writing in support of the proposed massage therapy ordinance. I am the co- chair of the Colorado American Massage Therapy Association's Government Relations Committee. I have been working with Kathy Franklin and Commander Wade Hammond and other members of the task force on drafting this ordinance. The group has been extremely effective at meetmg the needs of massage therapists, the city, and the police department. - In its current version, Colorado American Massage Therapy Association's Government Relations Committee recommends this ordinance for passage as an good step forward from the prevlOUS ordinance. I encourage you to pass this ordinance. Sincerely yours, ~~ Kathlyn Stewart, Nationally Celtified Massage Therapist Co-Chair, AMTA CO Government Relations Standley Lake Massage Therapy, InC.-owner In business since 1982 8725 Wadsworth Blvd., Suite A . Arvada, CO 80003-0922 Phone. 303 - 425-7298 . Fax. 303-940-8330 . Website. www.standleylakemassage com CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ROTOLA Council Bill No 13 Ordinance No Series of 2006 TITLE. AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and '- WHEREAS, pursuant to its home rule authority generally and Article 48 5 of Title 12 of the Colorado Revised Statutes specifically, the City possesses the authority to regulate and license the practice of massage within the City; and WHEREAS, the City has previously adopted provisions concerning massage parlors and massage therapy, codified as Articles X and XI of Chapter 16 of the Code of Laws of the City of Wheat Ridge (the "Code"), and WHEREAS, the City has also previously adopted provisions concerning the licensing of businesses within the City, codified at Chapter 11 of the Code, and WHEREAS, the City Council finds and determines that over the course of the past several years, the practice of massage has made great strides in professionalism as well as secured a legitimate place in the health care industry; and WHEREAS, the City Council therefore desires to repeal those Articles previously adopted concerning massage parlors and massage therapy and to adopt new regulations concerning massage therapy and codify the same within Chapter 11 of the Code NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO- Section 1. Chapter 11 of the Code is hereby amended by the addition of a new Article X, to read in its entirety as follows ATTACHMENT 3 ARTICLE X. MASSAGE SERVICES Sec. 11-230. Definitions. For purposes of this Article, the following definitions apply: Conspicuous place: In a massage therapy center or licensed premises of a massage therapist, any place within the general reception area, at eye level and not obscured by anything at any time, for individual massage therapists in a massage therapy center, a place at eye level on the outside of a treatment room door and not obscured by anything at any time, is also acceptable. Licensed premises: Subject to zoning, the premises specified in an approved application for a Massage Therapy Center License, or in an approved application for a Massage Therapist License for a sole practitioner, which is owned or in the possession of the licensee and within which such licensee is authorized to carry on the practice of massage therapy or receive requests for the supplying of massage therapy. Subject to zoning, the licensed premise of a sole practitioner may be their home Loeallicensing authority: The Sales Tax Division of the Administrative Services Department is the designated local licensing authority pursuant to C R.S 912-485-103(3) - Massage. Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft tissue of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations used in this practice Massage therapist: A person, 18 years or older, who has graduated from a massage therapy school accredited by the state educational board or division charged with the responsibility of approving private occupational schools, or from a school with comparable approval or accreditation from another state with transcripts indicating completion of at least five hundred (500) hours of training in massage therapy. For the purposes of this Article, a massage therapy school may include an equivalency program approved by the State educational board or division charged with the responsibility of approving private occupational schools 2 Massage therapy center: Any establishment where more than one massage therapist engages in, carries on or permits to be engaged in or carried on any of the activities under the definition of massage in this Article, or where or any person, firm, partnership, association or corporation permits to be engaged in or carried on any of the activities under the definition of massage in this Article Nonresident massage therapist: A person who holds a valid and current license to practice massage outside the City of Wheat Ridge issued by a qualified local licensing authority as defined by C R.S. ~ 12- 48.5-103(3) Normal scope of practice. Actions which are 1) as applicable to state regulated professions and institutions, recognized by state regulatory authorities as usual and acceptable components of service or care; or 2) as applicable to athletic trainers, usual and commonly accepted components of service or care which are not in violation of any state or local law - Off premises massage. Massage therapy performed outside the licensed premises of a sole practitioner or of a massage therapy center Professional association A nationally recognized association or organization for the advancement and self-governance of the massage therapy profession, having an actively enforced code of ethics Public special event: An event to which admission or access is open to members of the general public and which has obtained City approval in the form of a license or permit issued under this Chapter 11. Sec. 11-231. License Required. It shall be unlawful for any person to offer or perform massage in the City of Wheat Ridge for pay of any kind, received directly or indirectly, without first obtaining a Massage Therapist License, and it shall be unlawful to operate a massage therapy center in the City of Wheat Ridge without first obtaining a Massage Therapy Center License, except for the following classes of persons. (a) Physicians, osteopaths, physical therapists, chiropodists, podiatrists, or chiropractors licensed by the State of Colorado, their offices and clinics, and all persons working in their offices and clinics under their supervision and direction while performing within the normal scope of practice 3 (b) Hospitals and all persons employed by institutions and establishments licensed by the State of Colorado as hospitals while acting within the normal scope of practice in the premises of the hospital or institution so licensed (c) Registered nurses and licensed practical nurses performing massage services within the normal scope of practice (d) Aestheticians, cosmetologists, manicurists and barbers duly licensed under the laws of this State, acting within the normal scope of practice. (e) Trainers of any recognized amateur, semi-professional, or professional athlete or athletic team acting within the normal scope of practice (f) Acupuncturists licensed by the State of Colorado performing massage therapy services within the normal scope of practice. (g) Students of state accredited or state approved educational facilities located within the City or interns acquiring field hours at licensed premises within the City must be supervised and coordinated by a designated school employee with appropriate instructor qualifications. Externships/internships should be based on a written training plan which specifies the students' goals, as well as the experiences and applications to be accomplished The training plan must designate an on-site supervisor who will guide and oversee the students' learning experiences and participate in the students' evaluations Externs/interns are subject to the following - (1) Attire requirements are the same as for a City licensed massage therapist or massage therapy center employee (2) The student must have an official photo student ID issued by a state accredited or state approved educational facility readily available for inspection. (3) A copy of the written training plan agreement between the training provider and the state approved educational facility must be on file at both the educational facility and the training site and readily available for inspection 4 Sec. 11-232. Application for License. (a) The applicant(s) shall be subject to the following (1) Insurance Required: License holders are required to maintain the following a. Proof of professional liability insurance to engage in the practice of massage therapy with a minimum combined single limit of liability for bodily injury and property damage of one million dollars ($1,000,00000) per occurrence and in the aggregate obtained independently or through membership in a professional association b Failure to maintain such insurance for the duration of the license or to show such evidence on request shall be cause for immediate revocation of the license - (2) Massage Therapy Center Ownership interest in a proposed or licensed Massage Therapy Center must be disclosed at the time of application or license re-qualification on a separate and confidential statement as follows for the purposes of criminal background investigation as provided for later in this subsection: a Associations and corporations' For all officers and holders of 5% or more of the stock in a corporation, provide the full legal name, physical home address and social security number b Partnerships and non-corporate firms: For all partners or owners provide the full legal name, physical home address and social security number c. Update required: Any change in ownership that is required to be disclosed in the preceding phrases must be reported in writing to the City within 45 days (b) Education (1) The applicant for a Massage Therapist License must provide complete disclosure of his or her education and experience as a massage therapist. a. To obtain a Massage Therapist License the applicant must be at least 18 years old and have graduated from a massage therapy 5 program or school accredited or approved by the State Educational Board or division charged with the responsibility of approving private occupational schools, or from a school with comparable approval or accreditation from another state, and must present original sealed transcripts indicating completion of at least five hundred (500) hours of training in massage therapy Transcripts will be kept on file for all approved applications ii. Transcripts will be returned if an application is denied b For the purposes of this Article, a massage therapy school may include an equivalency program approved by the State Educational Board or division charged with the responsibility of approving private occupational schools. (2) The applicant(s) for a Massage Therapy Center License are not required to meet the massage therapist educational requirements, but are subject to all other requirements (c) Criminal Background - (1) The applicant(s) shall be required to submit to a police background investigation as part of the application process. Sec. 11-233. Special Conditions and Restrictions of the License. In addition to the requirements of Section 11-232 of this Article, the following additional licensee requirements shall apply' (a) Good Character Required: No applicant with a felony record or who has been convicted of a charge regarding moral turpitude, solicitation, fraud, dishonesty, gross negligence or incompetence is eligible to obtain a Massage Therapist License or Massage Therapy Center License (b) Display of License' Every Massage Therapy Center and Massage Therapist licensee shall display a valid license in a conspicuous place within the Massage Therapy Center or other licensed premises so it may be readily seen by persons entering the premises (c) City ID Required 6 (1) Every licensed massage therapist shall carry or have readily available a City of Wheat Ridge Massage Therapist identification card at all times when offering or performing massage (2) The photo ID must be renewed each year with license renewal. (3) The photo ID shall at all times be the property of the City and must be surrendered upon revocation or voluntary termination of license. (d) Sanitary Requirements. All licensed premises must be maintained in a clean and sanitary manner. (e) Attire. (1) All persons providing massage therapy and all employees of a massage therapy center must be fully clothed at all times (2) Clothing shall be of a fully opaque, non-transparent material and shall provide complete covering from at least mid-thigh to no more than two inches below the collarbone The midriff and the arm pits may not be exposed - (f) City's Right to Inspect: Excepting exigent circumstances in the course of law enforcement activities, a City representative may inspect the licensed premises upon making an appointment no less than 24 hours in advance Sec. 11-234. Expiration and Renewal of License. (a) Expiration The Massage Therapist License and the Massage Therapy Center License shall expire on December 31 of each calendar year but shall be subject to the grace period allowed all licensees ending on February 1 of the following year (1) An expired Massage Therapist License or Massage Therapy Center License shall be subject to re-qualification in the same manner as the application for license set out in Section 11-232 if the licensee intends to continue performing massage in the City (2) Re-qualification shall be subject to the same application fees as a new application. (b) Renewal Notice A renewal notice shall be sent to each licensee no less than 30 days prior to the expiration of the license 7 (c) Proof of Insurance. A copy of current proof of insurance as specified in Subsection 11-232(a)(1) is required for renewal and shall be presented at that time. Sec. 11-235. More Stringent City Standards Prevail. The City recognizes the provisions of Title 12, Article 48.5 of the Colorado Revised Statutes as applicable within the City. The standards for the licensing of massage services set forth in this Article are intended to be more stringent than the minimum standards set forth in Title 12, Article 485 of the Colorado Revised Statutes In the event of any conflict between the provisions of this Chapter and the provisions of said Title 12, Article 48.5, the more stringent requirement shall apply Sec. 11-236. Fees. Fees for the applications and licenses provided for in this subsection are payable at the time of application, renewal or re-qualification as follows - (a) Application fees (1) Massage Therapist $100 (2) Massage Therapy Center: $180 (3) Background as set by the Federal Bureau of Investigation and the Colorado Bureau of Investigation Fingerprint analysis fees are in addition to application fees and are payable directly to the analyzing agencies (Colorado Bureau of Investigation and Federal Bureau of Investigation) at the rates established by them. (b) Licensing fees (1) Massage Therapist: $40, includes photo ID (2) Massage Therapy Center' $70 (c) Replacement of lost photo ID fee. $10 (d) Refunds and pro-rations. 8 (1) Application fees provided for in this subsection are not subject to refund or pro-ration (2) Prepaid licensing fees shall be refunded upon denial of an application for a new or re-qualified license (3) Initial licensing fees are to be reduced by half if application occurs after September 30 Sec. 11-237. Massage Services Licenses Additional to All Other Licenses. Licenses provided for in this subsection are in addition to any and all other licenses required by the City and are contingent upon those licenses also remaining active and in good standing Sec. 11-238. Revocation of License. - (a) Any violation of the provisions of this Article shall be cause for revocation of any license issued under this Article (b) Any falsification of information in the application or criminal background investigation authorization document shall be cause for revocation of any license issued under this Article (c) Revocation of the City sales and use tax license shall be cause for revocation of any license issued under this Article. (d) The violation of any provision of Title 12, Article 48 5, C R.S shall be cause for revocation of any license issued under this Article (e) Any revocation proceeding pursuant to this Section 11-238 shall meet the minimum procedural requirements of C R.S S 12-485-107, as existing or hereafter amended Sec. 11-239. Public Roster. (a) For the purpose of professional self-policing, a roster of the names of all licensees and of the addresses of all licensed premises under this Article shall be available upon request and free of charge to all licensees under this Article 9 (b) A roster of the names of all licensees and of the addresses of all licensed premises under this Article shall be available upon request but at a nominal fee of $5 to the general public. (c) A roster of the names of all licensees and of the addresses of all licensed premises under this Article shall be posted on the official website of the City and updated no fewer than four times a year Sec. 11-240. Public Special Events; Nonresident Massage Therapists Permitted. (a) Notwithstanding any other provision of this Article, a Nonresident Massage Therapist may offer and perform chair massage at a Public Special Event in the City of Wheat Ridge without first obtaining a City Massage Therapist License as provided by this Section: (1) A Nonresident Massage Therapist may submit a written request to offer and perform massage at a Public Special Event to the Local Licensing Authority no later than thirty (30) days prior to the event. The written request must be accompanied by a copy of the therapist's massage license issued by another jurisdiction and proof of insurance meeting the requirements of Section 11-232(a)(1) - (2) The Local Licensing Authority shall process a complete written request and provide written notice of approval or denial no later than ten (10) days prior to the Public Special Event. The Authority shall deny a request upon a finding that: The massage license issued by another jurisdiction is counterfeit, under suspension or otherwise invalid, II The minimum insurance requirements are not met; or III The written request or any of its accompanying documentation contains false information (b) Any Nonresident Massage Therapist authorized to perform chair massage at a Public Special Event pursuant to this Section must carry with him or her a copy of the City's written approval and make the same available for inspection upon reasonable request at all times he or she is offering or performing massage at such event. 10 (c) Authorization to offer and perform massage under this Section is specifically limited to chair massage. Table massage is prohibited at all Public Special Events (d) It shall be unlawful for any person to offer or perform chair massage at a Public Special Event without first obtaining a Massage Therapist License from the City or written authorization as a Nonresident Massage Therapist pursuant to this Section Secs. 11-241-11-249. Reserved. Section 2 Article IX of Chapter 11 of the Code is hereby amended by the addition of Sections 11-227 through 11-229, designated as "Reserved" Section 3 Chapter 16 of the Code is hereby amended by repealing Articles X and XI, inclusive, in their entirety - Section 4. 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 5 Severabilitv: Conflictinq 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 6 Effective Date. This Ordinance shall take effect January 1, 2007. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 12th day of June , 2006, 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 June 26 , 2006, at 7 00 o'clock pm, 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 ,2006. 11 SIGNED by the Mayor on this day of ,2006 ATTEST Pamela Anderson, City Clerk First Publication. June 15, 2006 Second Publication Wheat Ridge Transcript: Effective Date Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney - 12 ITEM NO: 3. REQUEST FOR CITY COUNCIL ACTION ~--~ .' V\ c~ COUNCIL MEETING DATE. June 26, 2006 TITLE: RESOLUTION NO. 30-2006, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ADOPTING THE NORTHWEST SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN [gJ PUBLIC HEARING o BIDS/MOTIONS [gJ RESOLUTIONS o ORDINANCES FOR I ST READING (Date. _) o ORDINANCES FOR 2ND READING QuasI-JudICIal o Yes [gJ No - L i&~ fJ:iJ- Commumty Development DIrector EXECUTIVE SUMMARY: The Plan was prepared by Winston ASSOCIates and Commumty Development Department staff over the course of the last nIne months. ThIs area was selected for one of the first subarea planmng efforts because ofRTD's Fastracks plan to buIld the Gold LIne WIth an end of the lIne statIon near Ward Road and 50th Place. The 2000 ComprehensIve Plan dId not enVISIon a transIt statIon In thIs area of the CIty The Subarea Plan enVISIOns a mIxed-use transIt onented development (TOD) adjacent to the proposed statIon on the north SIde of the tracks. AdoptIon of the Subarea Plan would supercede the ComprehensIve Plan for thIS area of the CIty Planmng CommIssIOn recommended adoptIon of the plan. AdoptIon of the subarea plan Implements CouncIl's strategIc goal of prepanng for growth and opportumtIes. COMMISSION/BOARD RECOMMENDATION: At a publIc heanng on May 18, 2006, the Planmng CommIssIon recommended approval of the plan. STATEMENT OF THE ISSUES: The attached memorandum to Planmng CommIssion contams a bnef descnption of the concepts for future development contamed in the Subarea Plan. The eXlstmg Comprehensive Plan recommends pnmarily mdustnal uses for the area. Without a change to the Comprehensive Plan, the area would likely become a senes of unconnected mdustrial parks WIth an 800 car parkmg lot next to the transit statIOn. Construction ofthe Gold Line IS nme years away and the Plan dIscusses what the CIty and landowners can do m the meantIme until the market for a mixed use TaD VIllage emerges. Landowners who attended the Planmng CommiSSIOn hearing voiced oppositIOn to the Plan. Staffhas met with these owners m an effort to clanfy what the Plan IS and Isn't. Addlhonallanguage has been mcluded m the document to clanfy the Issues raised by the owners. Major pomts follow The Plan IS an adVISOry document settmg a VISIOn and polIcies for future development. It IS Important to have thiS Plan m place pnor to RTD startmg the EIS process so that the City and landowners create the vIsion rather than havmg somethmg different assumed m the EIS process. EXlstmg zonmg and entItlements will not change upon adoptIOn ofthe Plan, Zomng changes Will only be consIdered when requested by owners or future developers, Roads will not be constructed untl I the area redevelops. Developers will need to pay for the mfrastructure needed to serve future development. Because of these costs, mcreases III denSIty are needed. Some ofthe eXIstmg problems, most notably dram age and blockage of Ward Road by freIght trams, do not have immediate solutIOns, but It IS noted m the Plan that the CIty should start addressmg these Issues WIth the appropnate agenCIes. The Plan's goals and polICies should be re-evaluated m five years or IfRTD plans change. - AL TERNA TIVES CONSIDERED: Several alternatIve land use scenarios were mvestlgated dunng the public workshops. FINANCIAL IMPACT: There IS no finanCIal impact to the CIty as a result of adoptmg the plan. RECOMMENDED MOTIONS: "I move to adopt Resolution 30-2006, a resolutIOn adoptmg the Northwest Subarea Plan." Or, "I move to contmue the pubhc heanng concernmg the Northwest Subarea Plan m order for staff to meet wIth landowners to address their concerns." Or, "I move to contmue the publIc heanng concernmg the Northwest Subarea Plan and to schedule the Plan as a study sessIOn Item at the earlIest possible date." Report Prepared by: Alan WhIte Reviewed by: Attachments: 1 Northwest Subarea Plan 2. Plannmg CommIssIOn Memo 3. Planmng CommIssIOn ResolutIOn 4 ResolutIOn No 30-2006 - Request for City Council "ction-report form "1 move to contmue the publIc hearIng concemmg the Northwest Subarea Plan and to schedule the Plan as a study seSSlOn Item at the earhest possible date" Report Prepared by" Alan WhIte Reviewed by: Attachments: 1. Northwest Subarea Plan 2 Plannmg CommlsslOn Memo 3. Plannmg CommisslOn ResolutlOn 4. ResolutlOn No -2006 Request for City Council Action-report [ann ( ( WHEAT RIDGE NORTHWEST SUB.AREA PLAN DRAFT NORTHWEST SUBAREA PLAN > ~ ~ > (j == ~ ~ Z ~ ~ WHEAT RIDGE, COLORADO WINSTON w ASSOCIATES For more information please contact: Paul Glasgow, Winston Associates 303-440-9200 pau I@winstonassociates,com Sally Payne, City of Wheat Ridge Department of Community Development 303-235-2852 spayne@ci,wheatridge,co,us WINSTON ASSOCIATES 4696 Broadway, Boulder CO 80304 (P) 303.440,9200 (F) 303449,6911 www.winstonassociates.com ..".AT "nG'. NO'f""'.'" ,Gfi.AR.A pLAN \ i~BLE Of CONiENiS I ABLE Or CON1EN1S,.. ..' ,....' ,..... ," ,,- .' ., ,., ..,," ," ....... ," ...' ," ..' ,...... ,,, ", ..."............. ,.' , ,..2 ,., .... ",- ", ".. ,..,.. ," ..... ........... ,.......... ," . ".", ,.... ,........ 3 .4 ."...... .,. ,5 .. ". ...' .6 ~ ^OLc O~ cIGlJocS ", ", ..' .... ..' ,., ,..' I/,\D'~ r r "I;. ,..... "., ,..,..' ". .... .... ".. ......... ." " ~1~oOOIJC~IO.' .. .... ....... ... I,," ,,, ......... ..... ... ...... ... . .. .... R'O'S ENVIRONMEN' "l IMP AC, S1I< ,EMEN' PROCESS.. PLAN OEVElOl'MEN, PROCESS ......... .. ...... . ..... . ", .......... .... ,.." ., ......" .,.. ..." ", ". ,...... ..' ,8 , ......,13 . "..... " ,15 ,..' ," .. 19 " ...' ", ., p-' .' ....".... ., ......... . ,., ....... " ", ,...... ,., ...... p' ,.... ....... ". ," ," .. ," " ...." ," ." ....". ,'" ,....... ", ..' ", p" ".... ", .... EXIS11NG CONO\I\ONS ....' ...'". .. rIJ1IJRE SIJBAREA C\-IAAAC1ER . I)..NO IJSE..... .' ....,..,.. ." ,..' ".. ...' ' ..' ," ," ,.." ,.... ,..' ," ...... ' ", ....... ........ . ,... ..", ", .' ,... ,." . "." " ,., .....".. 22 ,,, 25 ." 29 ", .... ", ," ,., .,.., ,......... . . .... ". .......," " ", ..., ". ".' ,..." lRANS\I.., .. ....,..,. .,-o,..,r::t:IC ., ..' ,.." " 1 ,,/,\rr .....'" ,..,.. .. COMMUNlTi SERVICES /.NO FACILllIES .... ... ... .... ... ..... .. ..... ........ SUB"RE" GOALS "NO POLICIES . .... .... ... ... ... .... .. . ...... ..... ........ ... ", ..' .. ", ,.' ",. ", ". ,...., ..' ,,' ," .....' ",...... ,,,' ,,33 ^C~\O~I S~coS . ..' ". ,..,...' "" ..,.. ,,' ,,' -, ...... . ....... ... ... ..... ...... . .. .. .. ," .........,.. ........... ".. ," ,.. 2 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN TABLE OF FIGURES FIGURE 1 THE PLANNING PROCESS USED 3D PLANNING TOOLS ............ FIGURE 2: SITE MAP........... ... ........ .. ........ .. FIGURE" NORTHWEST SUBAREA ZONING .... ". FIGURE 4 CURRENT WHEA T RIDGE !AND USE.. .. .... .. '. ..... FIGURE 5 PARCEL OWNERSHIP INDICA TlNG LARGE PARCEL OWNERSHIP AND EASE OF PARCEL ASSEMBl Y FIGURE 6 RTD GOLOLlNE... ... FIGURE 7 TRAFFIC COUNTS ........ .. FIGURE 8. PREFERRED LAND USE MAp ........... FIGURE 9 PREFERRED OPTION, OBLIQUE VIEW WITH GREEN DOTS INDICATING PEDESTRIAN CIRCULATION ..... .. .... ., .". -"''', "'"'' 3 ." ..... 6 ............ 7 10 .. 11 12 21 "" 24 27 28 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN INTRODUCTION In 2004, the City of Wheat Ridge initiated a study on the state of the City in an effort to identify issues facing the community Repositioning Wheat Ridge. Neighborhood Revitalization Strategy, focused on population and household trends, jobs and retail sales trends, housing market and commercial inventory The goal of the study was to make recommendations that would restore the City to a community of choice for homeowners and businesses. Wheat Ridge City Council adopted a resolution accepting the neighborhood revitalization strategy report and adopting its findings and recommendations as guiding principles for subsequent city-regulated development. One of the recommendations from Repositioning Wheat Ridge is for the City to undertake subarea planning. The goal of the subarea plans is to focus on the unique opportunities and challenges facing certain areas of the City The documents are intended to provide broad policy guidance regarding the future development or redevelopment of the identified subareas. The Northwest Subarea Plan is the first plan to be initiated under the subarea planning process. The area is generally bounded by 52nd Avenue to the north, Simms and Tabor Streets to the east, 1-70 to the south and Ward Road to the west. Map 1 shows the boundaries and location of the subarea. This area is considered a priority since it is the location of the proposed Regional Transportation District (RTD) Gold Line transit station. The RTD is required to complete an Environmental Impact Statement (EIS) for the Gold Line prior to beginning construction. A number of issues are addressed during the EIS process including exact station location, station design, parking, etc. The RTD will be looking at any adopted City plans that relate to the subarea when it undertakes the EIS. Therefore, it is imperative that the City have a plan in place to guide the future implementation of light rail through the City of Wheat Ridge, to ensure quality design of the transit station and to identify any appropriate mitigation measures. The potential for a light rail station brings opportunities for development and redevelopment of the area towards transit oriented land uses. This plan does not change existing allowable uses or zoning designations of land within the subarea. Any rezoning of properties for development or redevelopment would be initiated by property owners or developers, not the City Any decisions regarding development or redevelopment are the responsibility of the property owners or property owners working with interested developers. Many opportunities for development require consideration of improvements to infrastructure in the area. Development opportunities require planning initiatives, and activities associated with road system design, utility integration, storm water management and traffic mitigation. This Plan does not address all possible issues related to potential development or redevelopment of the subarea. The City will work with outside agencies, such as the Colorado Department of Transportation (CDOT), Urban Drainage and Flood Control and Burlington Northern/Santa Fe Railroad (BNSF) to discuss issues identified through the planning process and as any development for the area is considered. The goals and policies found in this document provide broad guidance to City officials, City staff, RTD and any interested parties regarding future land use decisions in the area. The Plan and its goals and policies will be re-evaluated as circumstances arise in the future, such as completion of the RTD's EIS. The goal is that the plan will be adopted as an amendment to the January 2000 City of Wheat Ridge Comprehensive Plan. The Northwest Subarea Plan will super cede the Comprehensive Plan. 4 ( ",,,EAT RIDGC NORTH"".,T SUR-AREA >,_AN ( R1D'S ElI~IROllIAE1I1~L \IAP~C1 S1~1EIAE1I1 PROCESS . . . I' d ;h . " ciS . W e"m'" pOSsible "",RI"e "v'ronmental ,"""" ,rIor .. bUlldln' R ?J~:';;~~~:;;~~lE~~i~;;:t;E:~~~;~~~E~r~~;:~~d~~~~ ~~u":~ ge""aI~ ,,\<OS "'" W ""ee years. ;he Gold Une ciS 's soheduled" bell"" 2001 ,,~ """,."on 01 "'" ,TO!"''' 20". ,,,,' R'O Is "'" dec,lon ma,1ng body lor ciS lsSu" ;he R'O "'." be 100"'" W "'" C'~ o' Wheal R'dge lor 'u~- ""ile de"lOpn, Ibe cIS. '''' No""....sl Suwea p.n Is an """"" dOCUmenl "al shou~ be 000$"'100 " "'" cIS ,rocess. . !oS art o' "'" cIS ,roceSS, lbe lederal ,o"mmenl ratlU'res IbalR number o' l,su." be addressed. The 10110"'''' Is a $Umma~ o. "'" ~'" o. ",ues thallbe R'O ""i ,;,dress in "'" EIS pocess. lhe CI<i ~ """" R\rlge m'Oj add """s \0 the ,", " ,an oil" ciS -'" P"""" . SOC\oTlconorriC, communil'/ and ",,\\bOmood e"'c~ "",udln. en~ronmental iusll'" . potential businesS and utility relocations; . Ad,aceol and """'" schOO~ and "'" acoes', ",ress and s~e~ 0' ch\~ran, . polen.al no'" and vibratiOn ,fle'" \0 ,;,~"nl .end us'" . pedestr'" sale~ ' """,laM al l.hI rail s.eel ~o$s,"'s; . pOlen",1 air qua''Oj ""'" al ",.on .ceIloo$ and croSS ,...~, . parKing, traffIC, and salety 01 station locations', . un"gas _n \he [~hI ra" '" and nea"" desU".oO$la.ractloO$ and o"",r 'u~\c trans"""." ."ilII'es . RelationsniP to local and regional planning', . Potent'" 1m,,'" \0 ....""ds, """,Ia'n, hazardOUS "",te s"", cu,ural rasources and o"",r nalUral and man-made lealUres 5 ( WHEA'f RIDGE NOR'fHWES'f SUB-AREA PLAN ( PL/>.N DEVELOPMENT PROCESS f our pu~. mee\\n,s ..re held \n the deve\O\ll"nl o' the North...." !>>",rea plRn. The ,.' mea'''' wes held on OCtober 19, 2005 and focUS"! on "'" ,m"_ns o' \ne com\n, Ilghl ra" slallon (new"fl\C \0 lbe ~ea, ~e ,orentiO \or "IIeren' land uses ,uch as oo_rclal and reslrlenllel), ",ncems o' lanrtowne. 'n Ilre area, and lbe ",bare a ,IRnnl'" process. ;he second mea'''' wes """ on NO'i_r 29, 2005. 1h1s mealin' reported on issues raiSed in the '0" mee'''' (IraIf< ci~ulation, drain"", IOn" lerm uses verse \n,erlm uses) and a 'u~. deslgo session lOT '''' ~ea was ",Id. 1\re Iblrd mee'''' was neld 00 Janua~ 24, 2006. assed on issUes and 'n,uI .rom ~e 're' "'" mealin'S, 2 land use option "aOS ..ra deVelOped and ,resented aI lire "ird _un'. aesed on .eedbec, \tOTO "'" Iblrd meali"', a Prelerred ,"nd use Ma' wes de"loped .hlch '" presen'ed in this document A lOurth mee'''' was neld on Ap" 1a, 200' aI """" time "'" pelerred allema'" and goals and ""ie'" ....re re,-' 1h1s document inoorporaieS suggestions and comments trom that meeting. Allende" aI "",se meedn,s locluded Wheal Ridge and AN3da c'" ,Ianne., Wheal Rlrl,e pub'" Wortrs Depertment, varIOUS clll"ns, Jellerson coun~ ,~n".' ~e neIg\\bOi'''' iurisd\cllons, R'D, and the CO'oradO Depertmenlol Iransportatlon (COOl). Figure 1', The planning process used 30 planning tools o,*""es diSCUssed " me No"""" Suberea """,n,' can be summar\1-ed inlO lWe main calegorieS' . 'n.oduc\'" ~,d uses ~al "'" alloW """'" 0.". .. lR" ",,,,tage of me new \\,hI rei' 'lR,\on 2. ImplO'i'n, circulatiOn in "'" sub-area (including au\o, \)US and pe<leslrian) 3. resolving drainage problems 4 .,,\\1'/'''' \ne inlended c\tlTr""r o' "'" suberea, 10 'U'" future bu'~I'" ,.cem'" and deslg' 5. crealin9 a means lOr e'sII'" uses \0 ",nlinue and "",e a smooth transitIOn 10 ~e new "an 6 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN -_..... .~ CSubarl!li BOIDIdu)' E!I "V ani Road Stop GoIdJine Tncks r ~ pedestriaDInfluence 1/4 mile r. -, Eca1cmk Influence 1/2 mile Influenced Paxcels Figure 2: Site Map 7 ( e.X\S1'\NG CONO\i\ONS O~\5r: .\ d t ' UseS no"" o. \he"""s ara dls1incli'i "",rent 'rom uses so"'" ol A m,,,"and uses ,,;'" \n "'" suberaa. ,he subRTlla .,lsectr>d by ""'""' c ra' roa rac.s the tracKS. .' . s red""''''''' \n "'" subarea so"'" o. "'" .ackS, _"" _ ratail uses a""" ward Road. The ,,,,,,,In ",," Nur,'n, ~~:~u~:,~~~':s~r:,,~e,~:r ~.eet. ''''' I_'~ toeai'd allbe"~ sou~ end ~ "'" suwea, one Is ,"",,,Iy ,.ned and"'" olbeT "owned by the Citj 0' p..rJada. N "" o. "'" BNSf .",s at0n9 Wa'" Road are a ,as sta\iOn, au~rnob" ",air es<ab\lshmenls, and a 'umber ya"'. ,be JoI~ ",,,,,,,r candY ~~, ~ ""n o . . Ib "Tn pOT1Ion o' thai "reel Boatand RV s\ora<J' and olI\.cel..rehOuse uses QCCuOY mUC 0 e ~::~:,;.:o:~~'::' :.:r:::;: ~':n::: "ar 'abr>l Straet. A res",n"" neighbOrhood oonsls'''' o' sin,le and _tamlly hOmes" toeai'd easl o' 'abOr Street and an al"ca tarm Is \OCll"'" \0 "'" """. 1h . . '" suwea Is leSS m"ed ",an the currentland uses m"htlndlca'O' "",10' ~esuwea " zoned \or ,ndus.\alUses, e"""r ",ro09"9'" 'nduslrl" 10~i~~{\:~~~{\{\:d in1dustrwiald 5'2:~=:' ~;~as~ :~':ua;:n~:a:,:,:,:::,~ ~;;:~;~ \;g~Zu:;~:i";: :":'::~~~::\he zon'" ,"" "ree .on' , .' I' d' I tt d . Ie lamil" subdi'iiSion """s'IS zoned Residenua\.2 ,ne .Ioa'" .arm QCCu,1es IRnd ~a". zoned Res"'''''' "an ,,' ae as a .n,' . F\guras 3, , and 5 bel" s""" e""n9 zoning, e~"'" \and use and ,ro"'" o.mels1i i, In "'" sube"" ~HF.;.'r RlDGV. NORnl",F.,T ",,-AREA PL,N ( \ 8 ( WllEAT RIDGE NORTllWEST SUB-AREA PLAN ~ ~ ----- APache Steel on 50th Looking north lrom tracks to old JolI'1rancher building EXIS1'ING CONOI1'IONS Wheat Ridge Center small bUsiness store lront Jol\>J Rancher trailer, still present PhilliP; gas station, 52 ;;;d Ward Road Leases are open \llroughout area Industrial Character 9 ( ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN ~"'" 'I l~';\...._ i: Figure 3: Northwest Subarea Zoning 10 ( \ ",,,EA" "UG" NO,'H"'''' SC."oEA pLA~ current \.and use Map \.and use c\ass,!ieatiOn .. parKS ard Operl ~pace ill commerCia' o Oitce .. IrldUStr,al . . . .. Residential Care facilitieS t:) Single arid ":'1'10 fami\'i Residentia', Q 'Jacant D ,l\gncw\tura' figure 4: current Wheat Ridge I.and Use " \ ~ \} :wO 600 ftoet J~ ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN Parcel Ownershi Figure 5: Parcel ownership indicating large parcel ownership and ease of parcel assembly 12 ( fU1URE SUB~RE~ C\l~R~C1ER '''' """",,, o' a subaraa o' the CI<i 's def,ner\ by ""at II 100" r,,, an.d ~o: ~::':"e~':;: :'::;~:':' :=;~:~~:,~J: ~~~:d a~~, natural and bUiltl :nlJi(Onndm~~~~~~ ~~;a~:e i~~~9' :,~: :~~, ,::,;~:. :alUra' ,ageIRtion, "anclRl -"'" design qual\\j, ,Ie"" and ,islaS, ,est cultUral ....ter courses, ",es a ' ' , , d I t \ tn' PI had to do with character trad"'"'s, and deS"n lead"""" ....ny 01 ~e concem"""SSed duri'" ~e e,eoomen 0 · an S b h "'" potential w beCOme a rnI,ed-use ~illa,e" _"" a sl~h \\j urnan character "ar ~e transit station, ,radua\l'i trans\\iOning \0 a more lhe NorthW:st ~ area, ea:.ends ou''''ard to ~e no"" and ea~ \0 blend _I\h '''' ei.u'" subUrban cna""I" o. ,;,\",nt ne"hbOThOodS. 'n"'" cora area near "'" suburban c\ ,arac,er as" x,'" transit station is enlJisioned. . 8ul~In'S ,;,\",nt \0 a _'" s\d",a''', ",th pa~'n, \oceled w"'" raat and s'" of "'" bU,~'n, . SidewalKS with street trees to prolJide shade. . . 8ui~IngS ""led \0 ,,,,,,,, continuOUS laC"" alo", a ",.eet (nu s""yard se\beC') . On"",'" pa"''' par"ng \0 ,rO'''' coovenleoce \or drOf> m cuslome~ . . on o. lbe roood \\OOl..IIsshOU~ be ",nd"'S (e.g G5% transparenC'/) \0 a"'" .or m\o" 0"" and cummeroal uses.. . .. ~~:r;~ns\rUcled' o. malena' thaI nave a pedes",an Interest and sea' (bI'C', conc""" ~OC" "",d ,\dl"" etc.) and "md ,ndUS"RI strUClures (\\II' u, ",ocrale, etc) . . S"",a" '~hlin' by pades",a,,,cale ,Inures or f'<\U "s mounted on the bur~''''s. . . . V' ed bUild'''' "'~"" and s\e?-l>acI<s In hOrizontal ,a" ("old bUlldln,S o' 0" "",Ie ",.hl, and \0"', un"tellU,1ed .all ,te"s) . C:eslonRi _~ and o~" archllecteral """res thai ",",,,e an \denti~ \0 the area . Small, ,haded ~"es and ,1IIi'" areas lor ,,""'\an ",mtort G I d I'des IOUn"n "'" Suba"a GORis and pol\Cj Section - de'le'oped \0 a~ ~e CI<i, " reS,den', and .. bU,~e~ In "'" 101.""" "'" OR ~ an e::r""", a un~ue character \or ~e subaraa as "'" end<ll,the'"'' I~h\ra~' SIR,,,.\or "'" R'D Gold une . ,nsurlngthalCo_tclal, l~hI 'ndUS"''' and reslrl"tial uses reMct "'" C,~ s ",nun,,,,,,t \0 qual'~ . "surin, an ,;,equate belan" be,,,,,en the buill and ,,\oral ,,'ironment . . ma""l "'" _toomen' and rade""""","t more ''''''''' \0 the "destnan The p,,'erred \,and U'" ...., can be \ound on page 21 sam'''' o. "'" de"'" des~o .or 'u\ore deve""",nt are sh...n bel'" ",gEA' RIDG" NOR'''''''.s' "",."EA ,LAN \ \ r~ , r Streetscape, wide sidewalks Streetscape, trees. parallel parking, wide sidewalks ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN Desired character Emphasis or call out on pedestri~n crossing Townhouse density 15 units per acre Mixed use 14 ':;./ ) Condo/ apartment density 22 units per acre ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN LAND USE RTD has selected a location on the north side of the railroad tracks near Ward Road to be a light rail station, the end-of-the-line station for the Gold Line that extends from downtown Denver The Gold Line will allow people to get downtown in approximately 15 minutes. It has been typical to assume that the light rail will transport workers from their homes in the suburbs to work destinations in the metro area. However, it may also encourage a reverse commute. That is, the Wheat Ridge light rail station could attract businesses that would employ workers that live in downtown Denver Figure 6 shows the proposed RTD Gold Line route and the proposed station location in Wheat Ridge. The development of the light rail station is still approximately 10 years away, with a number of environmental and planning studies to be accomplished in the interim. However, the potential for a light rail station brings an opportunity for new, transit-oriented land uses to this area. Success stories from other transit- oriented developments around Denver and other cities in the U.S. show that they tend to attract mixed-use development that consists of a mix of retail, office and residential development that takes advantage of convenient transit as well as the large numbers of people that pass through the area to take the train. Transit stops also become a "gateway" for the City, since they convey to transit riders an impression about the City Thus, the light rail station is an opportunity for land owners to take advantage of higher-intensity uses than are currently zoned in the area, and an opportunity for the City to create a quality development image. Since the proposed light rail development is still several years away, existing businesses must be able to operate with minimal inconvenience, and even expand. However, because of potential future benefits to all of the land owners in the area, it is also important that any new construction in the area not be allowed to preclude the ultimate development objectives. How can these two potentially conflicting objectives be resolved? The public meeting discussion created several simple "ground rules" that, if followed by everyone, would allow on-going use, and expansion, of existing businesses without compromising the future potential of the subarea. Policies for addressing interim uses are included in the Subarea Goals and Policies Section of the Plan. The area north of the light rail line has the largest amount of vacant land and is therefore the area with the most potential for development. Commercial and office development (mixed use) here will not only take advantage of the traffic associated with the light rail and Park 'n Ride, but also will serve the extensive office development on Ward Road and the existing and future residential development north and east of the subarea. The Preferred Land Use Map focuses on providing mixed use, commercial/office use closest to the light rail station, and office/residential uses extending outward Higher density residential uses are encouraged nearest the light rail station, transitioning eastward with less and less dense residential uses that blend gradually with the existing duplex and single-family development east of Tabor Street. The new residential uses will provide additional patrons for the commercial development. On the west side of the subarea, fronting on Ward Road, car-oriented commercial development is proposed. South of the tracks, commercial development is proposed along Ward Road, but the rest of the southern area is envisioned as infill with officellight manufacturing land uses. The proposed land uses for the area are intended to support and take advantage of transit. Ideally the land uses would be consistent with the following concepts: · Density - All land uses densities should increase in density as they approach the future RTD station location. This is particularly the case wl1h residential densities. 15 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN . Pedestrian Environment _ Future land use must encourage active, safe, and walk-able streets (i.e. retail frontages which encourage pedestrian activity). . Reduce automobile dependency _ A mix of land uses including residential, commercial and employment will reduce dependency on the automobile. . Parking -To reduce overall parking future land use should take advantage of shared parking concepts. In general a 25-50 percent reduction in parking is recommended. Parking should not be tied to building type and not land use. . Timeless reusable buildings _ To allow the transition between various uses buildings should be designed to accommodate all uses. 1. Generall Auto. commercial. LOCATION: General/Auto commercial is located on Ward Road. USE: This use is intended to primarily serve the traffic along Ward Road. Uses in this area can include auto-oriented commercial towards impulse shopping. Restaurant pad sites will be encouraged including walk-in restaurant sites. Retail should be restricted to a 40,000 square foot maximum. PARKING: Parking should be located in the rear of buildings and accessed through alleys. In all cases parking surfaces should be reduced as much as possible. LANDSCAPE: The area along Ward Road should be landscaped at least 10 feet from the right of way 2. light industrial LOCATION: This area is north of the railroad tracks between the GenerallAuto-commerciallocated on Ward Road. USE: Permits commercial and light industrial uses. BUILDINGS: Buildings should be designed as timeless transitional buildings. The goal is to create buildings which enhance the pedestrian environment and allow transition amongst uses, so that one day a paint store could become a restaurant. In all cases, around 60% of the ground floor should be transparent, the buildings should be pushed to the streets with a zero setback and the first floor heights should be around 12 feet. PARKING: Parking should be located in the rear of buildings and accessed through alleys. In all cases parking surfaces should be reduced as much as possible. 16 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN 3. LoW density residential lOCA1\ON' All 01 Ibe "ngle faml~ res."tial land use is either 'onllng on or ea. 01 'abOr on Ibe north side of the "lIroad tracks USE AND DENSm, "'" S'ng\e familY"'" develo,ooml inClodln, single famIlY homes, ai\hOu,h \Own homes ere allowerl. Low dens'Oj residential is restricted to a minimum density of 3 to 5 units to the acre. pARKING' Pal<ing should be looale<! in Ibe reer o. bu>llngs and accessed thmu,h alleys wh" pos'ible Fronl loaded ,~ages shoUld be 'vo~ed. In all oases p,,,,'n, sori'cas slrould be reduoerl es mueh " possible 4. Medium. high density residential lOCA 1IDN' All medlum,h~h densl~ residential "".0_' . locale<! no"" 01 the ",'road lrae" and be""'" th. low dens'" deve\opmenl and the transit oriented core. USE AND DENSm, Town homes, condominiums, a,,_n~ and slmll~ dwell'" units \hal ara ""re compact or have a h~her ",ns'" o. developm'" ~an Ibe s"nda'" single faml~ homes are allowed. Dens''''' must be ,rea\er fuan B \0 " un" 10 fue acre BU.lDINGS, BulWng' shoU~ be designed" "me leSS trans"ional building'. ,he goa' Is 10 ereale buildings ""'''' enhance Ibe ,edeslrlan ",ironmenl ,nd allow transition amongsl uses In all """, ,round 60% of "'" ,round BOO' should be trans"rao', the bu'~lngs should be ,"shed \0 ~e streets w"h a ,.m selb"" and the 'ml IIoOr he~h~ shou~ be around 12 lee\. PARKING' pa<klng sho'~ be localed In me rea< ~ buildings anrlaccessed Ibrou,h alleys. In all cases "",'n, surfaces should be raduced " much as possible. 5. Mixed use lDCA liON' 's _ 'n \he trans" ohenled core, balWeen West 50' ,lace and 52 Avenue USE AND OENS'1'Y' !oS the demand \0, re"II should de'e\Op over 'me buildings must be con- .. ,Ilow lor the .an"'on \0 re"lI. Btocl< ironta,es shoulo he """led by ",destrlan """red busl"sses, ,ralerablY ,mall re,,1I end boutktue shons Mi"'" use indudes h~her denS'Oj housing ~"', such as ,pa_nts and conrlomlnlums, 10 coniUncI\on with oomme~\al and 0"", development, prater""y over retail developmenl, 10 order \0 Incraase hous'" opoortuni\ieS, reduce depend"ce on "'" su\omoblle, and ,ro,'de a pede.'an ,rese"" In oomme~\a' are""'" ml"'" use area will,llow live,""" arrangem"~, whare \he dwel\\n, 00" Is alSO a plac<> o. business. 17 { 1he minimum reSiden'al density' i3 d...."ng un'~ per acre. Dens\\ies abTWe 20 uoo; W ~e "ra ratlu're undeTllround m .ructured paMng WllEA1' RIDGE NOR1'llWES1' SUB-AREA PLAN ( Retail should be restricted to a 20,000 Square loot maximum. BUILD'''''S' Bu,"'n,S shOuld be desi9"d" 'me'SS transitional bUildingS. ;he goal. \0 ore'" bU,~,ngs "".h "hance \he pades..an ",'ron",nt and aI\o' trans"on amongst uses, so thaI one day a paint store cou" become a restaurant. In all oases, around 60% 01 t'" ,round "",r shOU~ be transp~"L lbe bUildings shOU~ be ,"shed \0 "'" -~ """ a "ro se""" and the '''' \\OOr ""''" should be ~ound Uleet. pfo.Rl<I"'" Pa~lng shOuld be """" 'n \he ra~ o' bu,~\ngs and acOUssed \hrough aile'!'. 'n all oases paM" surtaoes shOuld be reduced es much as possible. 6. Office/Light industria\ LOC-'ION' ,,. araa Is ,rlm~lIy south 01 "'" It,,", be'"'' "'" Genera",-rl"'" comme"'" "",tad on waro Ro';'. USE: Permits office and light industrial uses. BU'LD'NGS' Bu'~\n's shOuld be desig"d es ,,,,,ss ,.nsmon. bUildingS. ,,. goa' Is \0 orea" bu'~lngs """" enhance ~e ,edestion ,,~ronrnent and altov< trans"'" amongst uses, so tha' 0" day a pa\n\S\ore could beCOme a restaurant. In all oases, around 61l% o. "'" ground "",r should be ,.nsp~"L the buildings shoo~ be ,US"" \0 "'" _~ .I~ a "ro sell"" and the '''' \\OOr he"'" shOu" be around '2Ieet. p.Rt<l"" -o""n, in all -' should be looa'ed 'n \he rear o. bUMI'gs and aoeessed throu,h al'YS. In all -' pa~ln, surtaoes shou" be reduced as much as possible. '8 \ ~H",' RInG" NO"""''-'' suo-"" pLAN ( 1R~NS\1 ause' .' cent to "'" cUrrent ,ci,hI """, on "" north s,,, o. "'" e .st\olJ v,,\<S.. 'he :hle~no:~'=::;~~o~'::;~~: ~:' ~::;~r;0!~::\~~~ ~;s,::;'''J:r.::t~be.i:;:;~~..;:~~~t:~1 retoea\' "'" "~,n,,,,e \oC'\\j 'rom lis current 1_101'Nard ~'Id ~c~ :01: 'ro" DeOVer \0 >N",aI ",dge .IIh ,II slRIIon loCations. e~ .. ~earea. F~ure 6 belo< s_ "'" ""pOSe 0 " . shOO? . . the """"no' ,r<ing Iols. par<ingcould "oNe over "me \rOm The C\\j shOU~ cO"nue \0 "'~ .,~ RlO and .nd_~ \0 re';:' th~:~na:~:'~:;" lees,ng coo~ ,~'ud' spaces " """"res d"clOoed or hO" by sur\ace \ols \0 s\Tuctured ,ar<in,. R1D can "qu>ra ~nd or ,ar ,ng, others with othet uses on the gtound 1I00t. , C ecIi'" . \ "sure ~aI efleclive cO",,\IOns be,.er" ""'" are ;,~~:;~n' C:;:~ as the "",irian ",me"'~ "'u",,er re;n"', "" :'e,~::~:.::';:;::;;' ~ a pedestrian connecllon \0 connect th. transit .,,'I\~ \0 ,b sated and >Na~ RO';' " "'" ,ro"nu~ 0 as ' establiShed. Between a or I" Ib ~ \he """. ~" ooo~ e\\hllr be a tun"I or an """as' the cornrnetClal/l\ght \ndustna to ",e sou ' . . . . d lbe """'" ,a~ 'n ,de Includin, ,,~,ng cOnsiderations In ~Is ~~':'s'lnna", thal"I\"~ \0 need 600 _ BOO toI"cerl<in, s"{ \or "'" ,,:~~::.a~ use Ma' ,,,,,,,,,,s 00'''''''' \oCR\IOns \or ,,~\n', SOme o' Ib~ ,Ian .,,, be e-~ 'moorlant \0 R'D """ ,Ian"ng "dO"d or th: ~r:;. some ~ ~e cer<ing so thaI vans" "trons ."...t< "" s\ores on th,,,....Y w an ,,~,ng Is loCa"" ,;,~cent \0 \he slll\\r" ",,,,,,er, "",ra ", es,ra 0 0 . . . .rom ,,"''''' each dRY .' a be an cO"",,,,on o' Ib'" araes or o"",r .""ar ,raes, >Nh'~ Por<ing "","",,' ,,,,,..,,,, on "'" pre\etred LRnd use "':' ara .~""'~~~::",:~ :, :""''''Y tt"'\SO pOSsible thallbe ,.~ing cou~ be dO",be"" or "'" \n~" ce~,ng \OIS ",,, be su- lOis, "",,, Iols cOul ,ran..n' OOct<el ce",ng located throughoul the ",,,d use deve\oP""'1. . ' dlslrlcl or bUsI"SS ,,,pove""'" dlstr\Ct In the area. Each .and '0 ,(O'I~e a "ore coo~i""" ."",,,h t? "",n" "~ o:e~ ~n.:':;':~~~I~:::~t:~'" distr'" ",uld th" cOnstruct cOnsol\d"'" lois, or strUctUres, er cOuld cOn"''''~ W the ,,~\n' d,,\acl "ste';' 0 bU' ,ng " .n . '" · In th"OOsl cOov"""tlOCa..ns. . . . "'" C\ " a~,ng ratlu,ra""nts. In ord" \0 ra""eon-straet" ", or ,::;:'.: \~~ ;~~:.::' ~~ :;:~::~~~;:~~~~~~~ :;: t~:,,~ora~~::::;:~~ ::':;~1. i';,~ c;~f,g:~ RdiUS~d \0 ma,e sura it " 'ully u",7.€<l. 1h" """ ,we cOnsume~ e a " ~9 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN could manage the parking and use any fees received for such uses as: maintain the streetscape, assist in the purchase of amenities, pay for signage and eventually help transition into a parking structure. 20 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN Figure 6: RTD Goldline 21 \R~ff\C .' d d' ~e "'~. _tin" he~ in deve"p"ent ~ ~Is plan ,he subarea" ,,_at :~~:a:~c:;' .:: ,::~;7: =a~'::: ::d e;:;:'.:~and circulatOn ~ and 'om ~e I~hI rail stallon are compounded by lire ,re"""" o. the BNSF "",hi "lIroad """ "",en, ~e area. Other .sues "",\red dunn' "'" "ann'" ,rocess md""'. , . IUlUre "",rovemen" \j) roadWay' adi"'nl wand seN;ng "'" su\\area, pnnan~ Ward Ro';', 5~' ,venue and 50 Place . Blocl<.age 01 Ward Road by Ireight trains . II1Wro'Jed pedestrian and bicycle saletv ..' . I<COmmoda,ng "" "","' ,'roula\\ng W ~e ",posed l~hI ra" _n . 1he cha"",rol th"treetls es ;m"""nt as '" IUnr;Iion. "'H>,A' .,DGE NORTllW"" ,u"^"" PL,N ( E>lerna' ,,,es' . '" cirou"tiOn convenient and as direct as pOSsible. While ,'" I~hI rail \s beln, planned \or a ~~~~~~f~t~~]~?'~l:}~f~~~t~~EIij~~~~;~!g~~j1 onlY ,~nallzed InleT"'tiO" and ~us lbe onlY .",ons thai "II "raat left IUrns .rom or \0 Ward Rned.. . ' ,he orilY current eastern access \0 ~e sub-'rea ",Ia Ridge RO';' ,.,cond eas"",rd acons,' poposed ,. a ",posed 50' ,venue ~aI vrould connecl nem ,a\lOr W ~"",. In "'" ?ra."ed Land use \;\all, 50' ,venue connec" th,,"oTln area W ~,'mg Street . F"'" "'" south, In add''''' \j) ward "",;" ,.W street "'" alsO be an Importanl oonnector \I .111 .",'lde a direct, non,Ward Road connecl\on \0 '" ' ,venue (over ,,70\ \I "," a'so ,rovlde con"cIions .. "'" """ 50' ,venue connectiOn eas"",rd and ~e ..sling '''' ,venue con"coTln "",,,,,,rd ~1d~?C::~: ~~;:;~ 7J~;~;:"::'~r~:'~:~~~: :;:m:~:: ::n~ :'~~o.:'';o: ::;~~" :;: ~~:;~;:':~::.: re<lulred \0 ",,~e "'" addlllonal righCO '-VIR'i \or ~Is "",en'" " add''''''''' ",hI'oI-VIR'i · needed. . .' , ,rade,seoara'ed crnssin, o' "'" BNSF .acl" ",th Ward Road " "",mmended \j) be oonswcled 'n "'" lulUre. ,,. C,~ shOU~ vrort< ..~ "'" ",'ro';' and the State in planning lor this imprO'Jement 22 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN Internal AccesS currenlly ~ere are 'e. stree~ 'n the northern part o' the "barea. Clrouo"" \0 ,,,,,ma' bu'~ln,s 's 0"'" ~rough ,arid" .t ""wa,s ,he obiec''''' \or 'nrem,' circulation In "'" "baraa is \0 Increase ~e number o' roads, especta"y nor\h-SOU~ ronnections, \0 ,ro~de mu"'" routes tor bu,;nesses, resldenls and trans' use~ \0 reaoh Ibelr desnnatlons and avo" fun,,'n, tra'. on a lew roads.'''' obi""" Is 10 create a ',rid' 0\ str"~ ~al Incraase the cho<e 0\ roures (and "",,,, mora fron_ \0, bUS'''sses) ,he pralerred land Use ...., ,roposes \0 ralOcale ~e 'ahor Stree' railroad cmosing" ~e ""t \0 a""w 50' Avenue to \om no""warrl arid connect \0 52" Avenue. "atw "",,,ms 49' Avenue westward Irom Ward Roa<l 10 'ahor Street. This would pro,"e another ri,hI,ln/oul-On~ In_Io' aI Ward, but would Increase ronnectM~ o. the soU.hem part 0\ "'" sub-area On ~e preferrad la,d USe Map, aI the ....slem end of 52nd Avenue, a lane would be added (lOt. o. 3 o"s), \0 accommodale "'" an'cI,aled addmona' traff". '''' roorn for ~'s "'den1n9 may be ob"lned by ..on, ad"n",e 0\ ~e ,,'s'n, \5' '.l,ation d\\Ch easement (e,lng the l.l,.tIo' <<\oh). 1he strae~ In the suberea w\ll need \0 _, Whea' R",e road class,,,,tion standards, wh.h can be \ound In ~e Ne~hbumood 'raffic Mana,em"t pro,rarn (N'MP) adooted June 3, 1997 The exact Idcatlo' 01 new roads or ~e possible raall,n""nl of ,,\sling roads Is uncertaln at this ,me. 1he determlnatlo' ~ new road locations and the rons\TUC"" 0\ any roads would mosl ""~ be do" by de"lOpe~ worl<fn, w"" "'" current ,rope'" O."ffi Pedestrian and Bicycle Circulation Develop""nt " "'" area should cater \0 pe<leslrian and bfC'jcle use~, "'" new res""" as well es Ibe e,;s'ng ras~"\s ~at su,round "'" area 1h. goal is \0 cra"'" a sale and ,""tin, p<ace tor the pedesUians and b<ycllsts and \0 ._rage area res""ceslem,IoYees \0 we" \0 ~e trans' sta\Ion and o~er rommun'" f""IieS. '0 accomplish thls, anumbero' _"s/tralls ara planned, along ",m the s"ewall<s thaI "''' accon',any ~e ",posed roads. , ou;or trail Is ,roposed aldng 52" Avenue \0 accommodale yOUng people we"'" and bfong \0 ~e ""'01 """ o. Ward Road. , pe<lesir.n connecl\on is atw en'isloned .t ~e east erid of 52" ,,,nu' \0 allow wa"in' arid b"e _ss \0 the subarea _ the maior ". de".pm"t planned " 'Nada no""east 01 the subarea Ideal~, a pe<lesIrian connec\lOO over 1,10 on 'abu' SIr'" \0 Clea' creek would oonnecl ~. subarea W ~e Clear Cree' ,_bell. ,his cou~ be accomplished w"~ ImPro"m,,' \0 me "bur SIr"t arid 1,10 Iron\age ro';' 'n\e"'ctIo' arid the 'abu' Stra.t 1,70 overpass landscape<l and wel\,l~h<ed wali<S along _' and on bicyCle and pe<leslrian paths are essen'a' \0 pov.'n, a pe<lestrian ,ys\em thaI Is use<l. New de""""""n' shoo~ pro,'" pedestrian IIn,ages .""'n the de"ldpnentaS we' as \0 ediacent de"Iopnent. 23 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN .; "f ~ ~... : -'. ...-'X . l",~ . " _ r /1 - I" 4."" .~ ~. ~.~~~; 'II;.;"I ~f- , ~, i~J ~ J:'jL r ,.~'~~.,c . f - .'- It::.... j- ....... "~,,. :'. ~ .~.t ",,-"'~-_"!-..1t 1; J- ~,..,..f ~.:..:;:.~ . , l'\ l;o .# '-.;y. . ." . .....' .. \..... ;-" ... ,,~: A ".'" "'. "I~_ '!f;,}.f/(..;:' . III"~. ;, ...... . ........". ~. .:: '....."'....... : . :i1>!';:~,~ t.~~~'1 ~-- c ,--"t:i"~* I $l~,t~T,~~ 1l':'~~ ~~;.::... 'j ,-lj If_ / i ;;:_t' .~ GOLDU;\JE TRACKS D PEDESTRIA:'-!I:'-!FITDlCE 14 ~IILE D ECO:'-!mIIC ~'FI.t:E:'-!CEl'2 ~IILE -'VHIGH\"AYS /'V CODIT)' ROADS LOCAL ROADS 0.2 I 0.4 Miles I +~ '1201 . . ..~I' " "~", . Figure 7: Traffic counts 24 ( WHEAl RIDGE NORTHWEST SUB-AREA PLAN COMMUNITY SERVICES AND FACILITIES The following is provided as background information regarding the various government services, roles and responsibilities in the Northwest Subarea. Services in the subarea are provided by the City and special districts. The City provides police protection, road construction and maintenance, storm sewer construction and maintenance, park and recreation, and general governmental services for the subarea. Water, sanitary sewer, and fire protection services are provided by special districts. Special Districts Water Valley Water District provides water service to the area. The district provides the infrastructure and water is delivered to the District by Denver Water Department. The District must comply with the Denver Water Department's rules and regulations concerning water taps. Developers are required to fund any water system improvements needed to serve proposed development. Sanitary Sewer Fruitdale Sanitation District provides sanitary sewer service to the subarea. The District relies on the Metropolitan Denver Sewage Disposal District Number 1 for treatment, but maintains its own system of pipes within the district boundaries. Some lines in the District's system may be near capacity and perhaps may need expansion for large scale development to take place. Fire Protection The Arvada Fire Protection District serves the subarea A substation is located just to the north of 52nd Avenue out of the subarea. Redevelopment projects that occur in the subarea will need to conform to the District's current fire safety codes. City Services Police Protection The City of Wheat Ridge provides police protection to all residents. The City's police force is comprised of patrol, traffic and investigative officers, emergency specialists, community service officers, and administrative staff Parks and Open Space There currently are no City parks or recreation facilities located in the subarea. The nearest Wheat Ridge parks are located south of 1-70. The Van Bibber Creek Park and Open Space is located approximately 1> mile north on Ward Road in Arvada. Also in Arvada, is the Stenger Sports Complex located on 58th Avenue west of <p 1\" S tree\. 1he need lor "'''' aod octlve ""eational "ollities In lb. subarea "'" deoend uoon fue amou n\. of res.eotial deve" pm,,' mal OOOUffi ;n \he subarea. Trails and pedestrian walkways are recognized in this plan as essential elements to a transit oriented development. 25 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN The transit oriented nature of development proposed in the subarea suggests that development will be more urban in nature than in other places in the City This means that the need for parks and recreation facilities may be met partially by private facilities such as private health and fitness clubs, reducing the need for public facilities. The standard for park dedication and fees used elsewhere in the City should be modified for the subarea. The size and type of future park facilities in the subarea should be based on the service levels recommended in the Parks and Recreation Master Plan. Formation of a special district provides a mechanism to fund the construction and maintenance of park and recreation facilities in the subarea. Road Infrastructure and Maintenance The City provides road maintenance and routine repair services in the subarea, including snow removal, sweeping, crack seal and similar maintenance activities. Repair of existing curb, gutter and sidewalk is accomplished through the City's 6-year capital investment program (CIP). Needed reconstruction projects or major repairs are programmed in the CIP and are included in the City's annual budget on a priority basis as funds are available. Other than routine maintenance, no road improvements are scheduled in the subarea in the current Capital Improvement Program. Under the City's development code, developers are responsible for constructing roads, including curb, gutter, and sidewalk, within and adjacent to new development. This infrastructure is dedicated to the City for maintenance after a warranty period. Storm water Drainage The City maintains the system of pipes and inlets that comprise the stormwater drainage system within the public rights-of-way within the subarea. The subarea is included in the Urban Drainage and Flood Control District (UDFCD). The Columbine Basin Drainage Plan, prepared by UDFCD, identifies needed stormwater facilities in the Columbine Basin, in which the subarea is located The recommendations of the Columbine Basin plan need to be implemented to address the drainage problems that occur in the area during storm events. Addressing the drainage problems and implementing the Columbine Basin plan will require a cooperative effort between the City and Jefferson County Due to the magnitude of facilities needed to address the drainage problems, a special district could provide a mechanism for funding these improvements. UDFCD is also a potential source for funding the improvements. 26 Transit Oriented Core School Orange Indicates External Access Ponds Current RTD Park & Ride ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN Potential R TD Parking Locations Arvada ~ Future Medium and High Density Development with Ridge Road and 52nd Ave Pedestrian Connection Station Area &:, Bus Circulation Figure 8: Preferred land Use Map . Traffic light . Right in/out intersection . Starion parking . Medium-high density residential Low density residential . Mixed use . General! Auto commercial Station Parking Option . Office/Ught Industrial . light Industrial Park/Open space 27 50th A venue Connection rfJ' ( ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN Figure 9: Preferred land Use option, oblique view with green dots indicating pedestrian circulation 28 SUB~RE~ GO~LS ~1I0 POLICIES . . . "" """elS and go"",ment \0 "" an ,,\We role 'n ,ro""09 an ",t"'" and ,,,a,,,nt Goa" \ Encourage c<t"en" b'''nes', ,ro'" environment tor an citizens. . mmuni~ pride and the attractiveness 01 streets. promote ,tree""''' "har,cemen~ on sub""a sbee~ In or':,~,:~:~::,;" errillonmentand buller ,;,io'n'n, uses .rom "'" ",ae~ o. "K<. tJee street trees and landsea'''' \0. de." "d_n :;eo:, a '" use 01 ,rade ",,-" ,~ns ma,..'als, and ,,,,,we ....IS screen and tendseape all n" ,,~,ng ""es ~rough' e e eo' \\BUlew and re"" ~e sign code. . rac" ~" ,rov'" pedeslJian and blc'i,'e oorntort: Promo" ,treet 'um,ure and leatures, such " """"'S ~nd b'~; m"rovement ?roie" and ret\ulra ur<ler <jround,ng " any new devetO,ment or Include under <jrounding o' o"r"'';' u",tres " any '" · roa , , rede\le\Opment. ,ntegrale """eelS o' the natural enu,ronment 'nto the bU" ""ronment .' davelopnent' and redeve",ment poi"'" .' Ret\u're "'" ?"""\On \or ne~~nd or open ,,ace ,ra~Na,~n,," ";:"t tteeS In ttee ,ratee, ,andscal>'ng "at or 'n ~e pe,eslnan eOVllonmenl Inand"" "w ten"",In' In\o ~e b'" ""ronment Y '" a "" and lar,dseaoln9 'n "UOS, ,- and oourl'lard'. ' com"ernent and "",,01> tile CII'/" ,mage and \denI1I'/ thro.gh good urban ",Ign, CII'/ entrl point, and .,aI-" des'9'" and "" "omo"on ~ the ~SU~ arts. . . . 'n\rl ",neat Ridge w create a ,treng, \aV<lrable "sua I 'mpess.n and oommo"~ DavelO' ~e No""wesl ~ullarea " , ~~ "':'\:'':::'' monument signs, dlrac\iO^,1 ,~ns, and lan"",?In' Id"'~ .or pee?" ""nng "'" C'Oj ,SS ou ' . I , m rals and olber wor" o' art. . Encourage an arts ~09rarn In Ibe suberaa ~aI e"",,,~s ~"< :i,~:;or;:.., 'ut are not IImcod .., melbode which "oourall' ,meleSS Dave\o? "''''' and ?r,,,.1e u""n d""n standRlds an ,,, e "es bU,~lngs ",,'en can ttan,\\iOn \0 a vene~ ol uses, ,nclud,ng I~ "Mng .. "'" rea"nd side ~ the bU'ldlng Buildings ,hOu~ be ""terl cIO" .. ~e stree ' .. . "w _ .or a wide ,ide'" and street - , bU,Wng ,,\hac\< o. '" \rl .Z hUm the curl> ~h": ~:: aObuMln, ,,,,,,nt or 00&00 \0 ",nllti "'" .ronl door. BuM,ngs should have hUnl doors laC'" "'" s rea, , \ policies: \ \ \.2 '\.3 \4 \fl \6 Goal'. 2 policies: 2.\ 2.2 Goal: 3 policies: 3.\ ( ",,,EA' R'DGE NOR'"'''''' sn,,'REA .,-,~ 3.2 3.3 a) b) c) 29 { Goal', 4 policies: 4~ 4.2 4.'3 Goal: 5 policies', 5.~ ( ","EA' RIDGE >,o.,,,,,,ES'[ ,C""aEA peA>' . . d t. ha)Je ^e"ro'rs ,'ndO'll' on "'" 9round \'OUr <os% trans,aranoy) that can ",,,Ioal\y b",ome sM' d) BUIldIngs are encourage ,0 '" .'ndO'" or 0"'" tob\iOs. . d b 10 ~,\hey dO not ,raoIude Ibe Iolora devetopnenlO\OIan"'d roads, e) E""'" bu\ld\ngs are encour..ed \j) rama" andlorle~Ptand' \ t~ praoIude ~e tuture de"to,menl o' ~an"d ro,;,s, a''Ojs or 1\ d th....1' "'. bU,~'n,,,MU~ not be OC" sua ~:~:,:~,;;:\eSs ~e ,;ttueIores ara temOOra~ or cou~ be amorliled 'n ten yeaffi or leSS Pr<>Vlde the plOI"r 'and uses, dens\tles, d",~"men\ ."'"'s and ,."'ln9 ""..ons \0 ta,e 'ull adVanta9" ol ,ans' 'n the .rea. . h ,,,, ., tal on bul "".h .\1, also se" loCal bUS-' ''T''''' ,,~,ng .....iI' be cou"n"nt \0" ~ ra" ' '. f . d,,'aI ne~hbOrhcod 'n ~"aslnm OOr\\One' th"ubarea . pro,~e ,radua' translUons 'n d""~ and ,and use .rom ~e .~.s '( ;~ lor ",,~Iorce hooSln, as ....11 as ,,,,,\des a mar'<et lor lbe """m"c'" pro'''' ctose'n, attrWi", h~ner dens'~ res",nbe' tha'" roes de'Je\Opment in the sub-area. . pro,~e ..to-Ooonted comrnerc"..nd uses on Ward Road. o' ~,,-a\Iro';' u"''' . . . f'raSet'le "'" """me~'alII~h"nd-' ern<>\O'I",nt conlet south. \I \ ~ bUild\n,S In order \0 create ,\I3I1~ and br'n' "".'" 0""'1 "'. a ,,,\T.w o' uses, ,,,,'odin, residential uses " u",r s\orres 0 mU "s 0 li'Jing within walKing distance 01 each other. . fnslnr "",ed res",nl.' d"smes and MUS'" ~'" partl",,,, 'a the de'lelot>""'" ol a .ell,balanoad transoortal'on system \0 move ,..... and 900ds In a sale, """ttiQUs and economic manner, Wor'< oooP'ra\\'le~ "'~ ,;,i"",nl jurlsd'cIIons \0 m"e ~e """""te "h\CU.r and """"" connecllons \0 Ibe esta~'''''' tralf<. and pedesln.n "",or'< racommended "th" Plan.. NSf railroad W ro'''' a 9rade-se,arnterl cross'ng on ward Road. Wor'< "'~ ~e ColOrado DepeM>"t 01' ransOOnslli" a~d th~ e Ie ci\CUIR'on ~nd """""n ..".'Ojs "at ,,,,,,,, non,motor"ed Ensure .... all ", de,,\o,ment ,ro""e"ntetna' sua",.a "''' mended _t and pedeS'\I3eee""" . . con""",ns \0 "'i"",nt ",.IO,ment and ~al ,,\erJ"'" "~, the re';"" d hO\l~ng oPOO"'''\I\eS and h~her dens\\'i res'dent\a' uses """ the EoSUra th. success o' '" l~hI ra\l sial'" by po""'" emp oym" an ~ t f subRra" co"""u...- uses "'th\n .a\l<\ng d""."" ~ "; ~~~:,~~ ",,\Is system \j) and """'n"'" suberea "".h 'nte""nnetlS promote .able transOOnsbon a\temabVes by d"",IoPng a co, d "'~ ,'" s sterns o. adjacent junsn<liOns. . neighbOrhoodS .Ith shOP,"9, ,a~s and .r",reaCOU, :o~th;"" ,'';. . bus,,.iC\e .ans<er S'jste", ,arY.,o,rlde \oIS, and brC'/cle s\orage W ,... "",sed trans' stellon s\lOU~ ,,,,,,de .or m"e mo es o"to seNe commuters. 44 4.5 4.6 47 5.2 5.'3 5,4 5.5 5.6 '30 5.7 5.8 5.9 5.10 5.11 5.12 5.13 Goal: 6 Policies: 6.1 6.2 6.3 6.4 6.5 Goal: 7 Policies 71 7.2 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN Ensure that alternative modes of transportation are convenient by increasing both inter- and intra-City bus service, and support regional efforts to encourage car pooling. Investigate the opportunities for obtaining funding from state, federal or other sources that incorporate non-vehicular modes of travel. Implement transportation demand management (TDM) strategies in the subarea to decrease the demand for added capacity on roadways. The street system in the vicinity of the light rail station should be developed in a grid pattern, forming a series of blocks with dimensions (generally in the range of 300 - 500 feet) that encourage pedestrian activity, create street connectivity, and provide variety to the pedestrian experience. Require streets to connect except where physical barriers make this impossible. Street right-of-way width standards should be modified for the area in the vicinity of the light rail station. The use of narrower right-of-way is appropriate to increase the pedestrian experience. Wider right-of-way may be needed where on-street parking is proposed. The City will proactively work with RTD on all aspects of studies, planning, station design and implementation of the Gold Rail Line. RTD adopted a Strategic Plan for Transit Oriented Development in April 2006 providing policies and recommendations on RTD will implement TOD in the Denver region. The Plan discusses how RTD proposes to work with local governments and other planning partners in achieving TOD All development activities shall strive to provide a pedestrian environment that is safe and comfortable. 6.6 Improve and add, as necessary, traffic controls and synchronized signals including modifying the timing of pedestrian walk signals to ensure that people can cross streets safely Decrease the number of curb cuts on Ward Road by consolidating accesses to businesses. Use medians, narrow streets, sidewalk extensions, and other techniques to provide a safe haven for pedestrians at street crossings. Identify pedestrian street crossings by using contrasting paving, striping or other techniques. Streets and pedestrian paths should provide access to existing and planned streets in the subarea. Require the construction of sidewalks within residential and office developments. These sidewalks should include shade trees to enhance the comfort of the pedestrian. If parking for the light rail station is located south of the tracks, grade separated pedestrian crossings should be provided. Allow current businesses in the area to continue use and keep buildings, but encourage redevelopment of the area. 73 Existing buildings and uses are encouraged to continue. All new proposed buildings and infrastructure in the Northwest subarea shall be consistent with the Northwest Subarea Plan. That is, buildings and permanent improvements should not be located so as to preclude development of the road and path system shown in the plan. New buildings and improvements that are not consistent with the Northwest Subarea plan should be of a temporary nature such that they can be amortized and removed with modest expense at such time that the planned roads and other infrastructure are developed. 31 74 Goal: 8 policies 8.1 Goal: 9 policies: 9.1 Goal: 10 policies: 101 ( WHEAT RIDGE NORTHWEST SUB-AREA PLAN New "nnaoen! bumllng' shou~ be desigoed and .cated con,,,ent "Ib the cM,acl" desired '0< 'u,"" comme~'al, office and residential uses. (Fore..m," II a land-" "shed \0 constru~ . ,,"'Id'n, 10" ",hllodUSlrial "" \0, the oexl 10 yeaffi, ",'Ore wou~ loCate the bulldin, adjacenl \0 Ibe m\ore streal, and "ve it des.oed "'fu cell\ng hei,h~, "0<10", and finishes fuat wou~ be app",- fu' a fulura commerd.' use, such as a store or office.) Create incentives to encourage new development, infill and redevelopment 8.2 8.3 Reduce parkin, ratlu'remen~ '" ach.ve an overall avem,e ,a~io, SUpply thai will meet \he "erjs 01 ami, 01 uses. Cons~" shared ,.~Ing between adjacent uses. Count on-street parking toward the parking requirements for new buildings. Evalual' 'ao<l""ln, reQuiremen~ fur mi,red use ,roi'c1S and consid" allowin, streel trees (I"" in ,rates 'n \he sidewa"), ,alioS courtyards, and other hardscape areas to be included as required landscape area. ""Io<e loceo'''''S availab' Ibrou,h fue Colorado Enlerorlse Zo" program. The Northwe,t Subarea i, '0 ,,, Jelle<soo C<ruo~ En"""se Zo" wli<h "",es it eligible 10< a varie~ o' Incentives such" slate Income ", credl5. Fo< ""re in\onnatioo contact the Jeffe<son Coun~ Econom< Council at 303-202-2965 or info@jeffco.org. 8.4 Ensure thai <>"rl<', ooen "ace and recreational facitmes enhance the qua'iIy of IIf. 'or the citizens and em,IoY'es of the subarea, 9.2 9.3 De""."ffi shoo~ be requ',ed 10 ,,,.lde land 0< lund' \or new ,a~', open spece, or olb" publ< ,ul!lOses as delenn'ned by an as_men! 01 th, oeed ,eneraterl by the new davelo,men!1he CI~ will wo~ "fu davelopeffi and landow"ffi 'n the area at Ibe 'me of d,,,,,'o,men!1o determine the level of parks and recreation facilities to be provided, and the entity to be responsible for maintenance. Explore the potential for park facilities to be provided by a special district. Include citizens, landowners, and developers in the parks and recreation planning and implementation process. Provide residents and businesses of the subarea with the highest level of public services and facilities. 10.2 Require Ibe lonnalion o' ,,,,., d""'" or a metropolitan d\a\ricl 10 the subaraa \0 add ,ess unique Inlraslmclu<e and malnlenaoce needs of Ibe subarea, including d,,'nage, pa~in" ,ar'<s and recreation, and stree"'''' im,rovemen' Encou<age e.sllng distrlclS In the araa w"1i capacity problems to develop alternatives to address deficiencies. New developmeol shou~ not ""den "latin, Inlra,tructure and ,ubllc seNices. New develo,m,,' shou~ be required \0 oon\ribu\e fue necessary revenue or infrastructure for expanding infrastructure or services needed to serve the development. Wo<k wrth the UDFCD and Jellerson Cooo~ to im,lem,,1 \he drainage 'm,ro""men" ,,,,,mmeoded in me Columbioe Basin Siudy 10.3 32 \ ",,,EAT .,DGE NO"'"'''''' ,U.,^,EA 'LAN \ t>.C'no~ S1EPS \<M actions necessal'/ to accomplisn tne plan'. ",\lOns _taled .,th the So.are<, .... , used ~ nal, ",m,'ate ride""" ,sereese po,'<I'I ",ues anda\\raCt re"" III . C....r Change" "",ns,\S"cons RlOund Ibe nacon, ,sereas,ng de:s~h:al Ridge "re CI<i c..rter ",,,,'ares "aI!be m.,lmum de"'~ 0 2' .un'" '" "'" area; ~""'~ dens"'" ,afj _" '" and 60 un'" "r "ra. n . ~ e shOUW amend ,~chaner \0 be atile \0 inCrease ",,~.es rn tho acre 'n order \0 crea'" a de"IO\lrnent thai ",,"s lull ,;,,,nta9~ o' trans', ~~e,:;.R",~ ..a 01"'" "beraa and lea"",r W single tam"Y as drslRnce - subarea \0 " unrts per acre 'n ~e sub..a. 1ho den"~ shOul be pesen , . Ibe ",re ",,,,,,,,rcra' and res." area ,seraases . luderncen\\'les such as'. reduc'n, oU"street per"ng ratlu"men~, ",unl'" . eraate a trans,"or\ented o"rtay "sloct .or ~e. Nor\lN'esttbera~ W,:'t<r\\On o' sueel \lees along 'ulUre sid.....' Ioca\IOns III .,,"' land"'pe an: on,streat "",In' \O..rd a po""" o' ,ar'''' ratlU'~:;::n~"se~I"c' re<\u,ramanw and estJlblsh "",m - Mure ,"" toce,ons, and rnclu e open sO'" ra,u,rame"" o' ".bng zT"r!\9, """e s. . ' ed " ""t<rbOra\\on """ pope<l'l ",,,," " the araa lutura ROW d,d\callO"s '" dens'~ ce\cU\aIlO" ,na d""'" .ooW be ~" 0' d gu~aoce on bU""ng deS"n .hen de,,'Opoent or red"e~poent "",W . oeve\O\l ,,,usIT"" developoent guldal'nes W No""""" ,ubaraa 0 ,ro~e~ In the ar" . . . . . occur ,,. ,urd.""s .r>uW be develOped rn ",,,abOral.n. """ pope<l'l o. \ ,nasee constrUcI and main"" ",,'n, ."""res, drarnRge tacrl.es, ,ai<' . crealto' 01 a d~tr\CI or "...cI' tor ~e suberea to """, a rnecnenrsm 0 , ' and racreal'On ,,,,,,,,,, and _"",pe """"me"" \ 33 City of Wheat Ridge Community Development Department Memorandum TO: Plannmg ComnnsslOn FROM: Alan White, Commumty Development Director SUBJECT: Case No WP A 06-02, Northwest Subarea Plan DATE: May 10, 2006 This Case is: o QuasI-Judicial 0' LegislatIve Enclosed is a copy of the draft Northwest Subarea Plan. The Plan was prepared by Winston ASSOCiates and Commumty Development Department staff over the course of the last seven months. The preparation of the plan fulfills one of Council's strategic goals to prepare plans for subareas m the City m order to prepare for growth and ItS opportumtIes. - ThiS area was selected for one of the first subarea planning efforts because of the Fastracks plan to bUIld the Gold Lme with an end of the lme station near Ward Road and 50th Place. The Park 'n Ride at 1-70 and Ward Will be relocated to somewhere m the area. Not only will transit passengers potentially arrive by automobIle, but by bus. This amount of activIty has the potentIal to transform the area dramatIcally Four publ1c desIgn workshops were held with landowners, busmess owners and tenants dunng the last seven months. RTD offiCials and planners from nelghbonngJurisdictlons also attended the meetlllgs. The plan enviSIOns a mixed use "VIllage" or "mlm-downtown" for the area around the proposed statIOn 10catlOn. The core area would consist of retail, office and service uses on ground floors With hIgher denSIty reSidentIal uses on upper floors and as stand alone uses away from the core, transltIonmg to existmg low denSity neighborhoods. Parkmg for the statlOn users would be dispersed through the core area. The area south of the core area, generally south of the tracks, would rem am as an employment area With I1ght manufactunng and office/warehouse uses. A grId street system IS proposed With new or Improved connectIOns to major roads to the east, west and south. "New urbanism" concepts of zero front setbacks, parkmg to the Side or rear, Wide Sidewalks, on-street parkmg, mIxed uses, qualIty archItecture, and street trees are proposed m an effort to create a village where people want to lIve and/or work. ConstructIOn of the Gold Lme IS nme years away and the Plan dIscusses what the CIty and landowners can do in the meantIme until the market for a rmxed use village emerges. ATTACHMENT 2 The Subarea Plan IS proposed to supercede the ComprehensIve Plan for the area. The eXlstmg ComprehensIve Plan recommends pnmanly mdustnal uses for the area. Without a change to the plan, the area would likely become a series of unconnected mdustrial parks wIth an 800 car parking lot next to the statlOn. This item has been scheduled for a publIc heanng. Notlce as reqmred by state statute for the heanng has been provIded. (Notlce m the Transcnpt newspaper) In addltlon, notlces and draft plans have been sent to a mailmg list of approximately 50 persons who have attended the workshops. Winston AssocIates wIll be at the heanng to present the Plan. Staff recommends adoptlOn of the Plan. A motion to adopt a resolution recommendmg adoptlOn of the plan by CIty Council IS needed. Suggested Motion: "I move to adopt ResolutlOn 02-2006, a resolution recommendmg adoption ofthe Northwest Subarea Plan, and forwardmg thIS recommendation along wIth the ResolutlOn to CIty CouncIl for their consideratlOn." CITY OF WHEAT RIDGE PLANNING COMMISSION RESOLUTION NO. .:2... Series of 2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WHEAT RIDGE, COLQRADO, RECOMMENDING ADOPTION OF THE NORTHWEST SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN WHEREAS, the CIty Council ofthe CIty of Wheat RIdge adopted a Comprehensive Plan on October 25, 1999 and amendments were considered and adopted m January 24,2000, and WHEREAS, the Regional Transportation District's plans for constructing a light raillme mto the subarea With an end-of-the-Ime statlOn proposed near Ward Road and W. 50th Place has the potential to dramatically change land uses and the development pattern m the subarea, and WHEREAS, the Comprehensive Plan adopted m 2000 did not contemplate a lIght ralllme or statlOn to be located m the subarea, and WHEREAS, the CIty Counell directed staff and its consultant to prepare a subarea plan for the area generally bounded by Ward Road, W 52nd A venue, Tabor Street, and 1-70 m fulfillment of one of the Council's strategic goals; and _ WHEREAS, C.RS. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the City from tIme to time; and WHEREAS, City CounCil desires to amend the ComprehenSive Plan to address changed conditions m the area due to the plans of the Regional TransportatIon Dlstnct to construct a lIght rail line mto the area, and WHEREAS, Planning Commission has held a publIc heanng as prOVided by C.RS 31- 23-208 and SectIon 2-60 (b) ofthe Wheat Ridge Code of Laws, legal notIce thereof duly published in the Wheat Ridge Transcript on May 11,2006, Wlth a wntten recommendatlOn forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Wheat Ridge, Colorado, as follows: 1. The Planmng Commission of the City of Wheat RIdge hereby recommends adoptlOn ofthe Northwest Subarea Plan attached as Exhibit A 2. The Planning Commission recommends that the Northwest Subarea Plan supercede the ComprehenSive Plan for the portlOn ofthe City covered by the Subarea Plan. 3 A copy ofthls resolutlOn shall be forwarded to the City Counell. ATTACHMENT 3 I:\Comdev\Northwest Subarea Plan\pc resoll DONE AND RESOLVED THIS /Y~ay of ~ ,2006. {~ U/~ CHAIR, PLANNING COMM ATTEST. CL-~ Secretary to the Planning 0 . SSlOn I:\Comdev\Northwest Subarea Plan\pc resolut1on.doc 2 CITY OF WHEAT RIDGE CITY COUNCIL RESOLUTION NO. ~ Series of 2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ADOPTING THE NORTHWEST SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN WHEREAS, the City Council of the City of Wheat RIdge adopted a ComprehenSive Plan on October 25, 1999 and amendments were considered and adopted m January 24,2000; and WHEREAS, the ReglOnal TransportatlOn Distnct's plans for constructmg a lIght rmllme mto the subarea With an cnd-of-the-lme statlOn proposed near Ward Road and W 50th Place has the potential to dramatically change land uses and the development pattern m the subarea; and WHEREAS, the ComprehenSive Plan adopted in 2000 did not contemplate a lIght rail lIne or statlOn to be located in the subarea; and WHEREAS, the City Council directed staff and ItS consultant to prepare a subarea plan for the area generally bounded by Ward Road, W 52nd Avenue, Tabor Street, and 1-70 in fulfillment of one of the CouncIl's strategic goals, and - WHEREAS, C.R.S 31-23-206 (2) proVides that the ComprehenSive Plan may be amended by the City from time to time; and WHEREAS, City Council deSires to amend the ComprehenSive Plan to address changed conditions m the area due to the plans of the ReglOnal TransportatlOn Dlstnct to construct a lIght rail lIne mto the area" and WHEREAS, Plannmg Commission has held a publIc heanng as proVided by C.R.S 31- 23-208 and SectlOn 2-60 (b) of the Wheat Ridge Code of Laws; legal notice thereof duly publIshed m the Wheat Ridge Transcnpt on May 11, 2006, With a wntten rccommendatlOn forwarded to the City Council, and WHEREAS, the City CounCil has held a publIc heanng as proVided by SectlOn 2-60 (b) of the Wheat Ridge Code of Laws, legal notice thereof duly publIshed m the Wheat RIdge Transcnpt on June 15,2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1 That the City CouncIl of the City of Wheat Ridge hereby adopts the Northwest Subarea Plan attached as Exhibit A. 2. The Northwest Subarea Plan shall supercede the ComprehenSive Plan for the portlOn ofthe City covered by the Subarea Plan. I:\Comdev\NorthwestSubareaPlan\ccresol ATTACHMENT 4 3. An attested copy of thIS resoluhon shall be attached to the Plan amendment and a copy of the Plan as attested shall be certIfied to Jefferson County, Colorado DONE AND RESOLVED THIS day of ,2006 JERRY DITULLIO, MAYOR ATTEST. PAMELA Y. ANDERSON, CITY CLERK l:\Corndev\Northwest Subarea Plan\cc resolution. doc 2 1'M 6 Y"--"'~ AMENDMENT TO MOTION TO APPROVE THE NORTHWEST SUBAREA PLAN - June 26, 2006 1 The following language will be added to the Northwest Sub-area Plan Introduction on page 4 " The Plan is an advisory document and is not mandatory. It provides guidelines for development and design and is not intended as strict requirements for development. " 2. In the Land Use Section on page 16, the following statement will be deleted: "LANDSCAPE: The area along Ward Road should be landscaped at least 10 feet from the right of way" 3 In the Traffic Section on page 22 under the Ward Road discussion, the following statement will be added. "When Ward Rd. is widened, consideration should be given to streetscaping in the roadway design .. June 26, 2006 S~ H--rJ -h ~ c~ c/~ C",;:f.J,QG 11&-,j j "^-- h(b;'!Ob _ Mike Stites Council President City Council City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado RE. Wheat RIdge Northwest Subarea Plan Case No WPA-06-02 DirSlr; In regards to the abovementioned plan, I have reviewed this plan, attended meetings and opposed this plan at the Planning C0IllIll1SSI0n public hearing on May 18, 2006 I have attached a copy of my comments and concerns at that meeting, which continue as concerns at today's meeting. I am Trustee of the Arnold A and Dorothy M. Cillessen Trust, which IS the ownership of the property at 12360 W 49th Place. I also manage the property This property currently provides income to Mrs. Cillessen through the trust. I am the Cillessen's daughter and have been involved with the property since it was built 30 years ago I am also a Commercial Real Estate Broker My first issue is notification of affected property owners. The notice of this Public heanng is dated June 19,2006 and received by most owners on June 20,2006 The Planning commission notice of Public Hearing on May 18,2006 was dated May 12,2006 and received on May 15,2006 By Planning's own admission not all of the owners were notified. This plan has a major impact on the property in the subarea and all property owners should be informed. Next, are the assurances the Introduction to the plan that this plan does not change existing allowable uses or zoning designations ofland within the subarea. The introduction states the adoption of this plan will supercede the Comprehensive plan. The plan policies state that any changes, new or improved must be consistent with the Subarea plan, which changes industrial to commercial and mixed use. Guideline requirements change the uses and building type to commerciaVretail use. I was advised by Alan White, on June 12, 2006, that the language in the Draft, approved by the Planning Commission, stating the term "nonconforming" had been changed to conforming. The language throughout the document does not support his assurance to me that it would remain a conforming use Primarily, this plan seems to address the North side of the railroad tracks between Ward and Tabor The following addresses problems I have with the plan. 1 This area is approximately 3 blocks long and 4 blocks wide. Streets have been added with five (5) streets running North to South and three (3) streets running East to West. Also there are to be alleys accessing the rear of businesses. These streets are to have 12' wide sIdewalks and some will have street parking. Streets need to be wide enough for buses to get m and out of the Park n Ride. What remains after the new designated streets, appears to be small areas for business. There are no dimensions included in the plan for street widths or available building footprints. Traffic will have to depend on access to and from 52nd Ave., a possible three (3) lane road, and Tabor for ingress and egress withm the planned area. Higher denSity housing is in the plan, which will create more traffic congestion. The plan does not appear to have a site large enough for a large supermarket or discount store, which residents will be going to and from for their household needs and to jobs that the light rail may not accommodate. Visibility of the area as a new "Gateway" to Wheat Ridge will be mostly along Ward Road, which seems to remain the same as today This area as shown does not offer any improved visibility RTD parking appears to be in four (4) different locations. For a light rail site at the end of the line, the parking areas combined seem less than what would be required. This plan is premature. There are many unanswered questions as to impact decisions the final RTD EIS (which is about 2 years away), CDOT's decisions on sizing of Ward Road, BN Railroad highway separation, Valley Water availability, Fruitdale Samtation resources, and Arvada Fire District capabilities for this subarea plan to be adopted at this time. More coordination with these entities and the existing property owners need to take place. Wheat Ridge has continually rejected plans for a number of years for this area that would have allowed owners and developers to make a more attractive area of the subarea plan. This and my objections as stated May 18, 2006 remain our position on the Northwest Subarea plan. Sincerely, ~ ~I//?~ _ ccf /JL-~('~~ / . aron L. PetersonlMcGee Trustee Arnold A Cillessen Irrevocable Trust Enclosure 2 May 18, 2006 Planning Division City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado RE Wheat Ridge Northwest Subarea Plan Dear Sirs, 1 have received a copy of the draft of the abovementioned plan. I attended 2 of the meetings held regarding this plan and expressed my concerns. I do not believe this plan fully addresses subjects that need to be considered. I am Trustee of the Arnold A. and Dorothy M. Cillessen Trust, which is the ownership of the property at 12360 W 49th Place. I also manage the property This property currently provides income to Mrs. Cillessen through the trust. I am the Cillessen's daughter and have been involved with the property since it was built 30 years ago I am also a Commercial Real Estate Broker This area is primarily Industrial. Changing zoning can and will Impact many livelihoods m the area. The plan calls for no changes south of the railroad tracks, wruch mcludes my property, but does mention "nonconforming use" designation for the entire area. This Impacts property values and rights. Wheat Ridge needs an industrial area. The busmesses m this area serve Wheat Ridge and all of Metro Denver We receive little or no services from Wheat Ridge as our fire protection is provided by Arvada Fire Dlstnct, our water is Valley Water District and our sewer is Fruitdale Sanitation. As an occupant of our property I have witnessed little or no services from the City of Wheat Ridge. I have been advised by the city's consultants creating the above mentioned plan, that this redevelopment would greatly increase my property values. I disagree. The costs of roads, storm water drmnage, water and sewer improvements, etc. would have to be deducted from the value of my property for an incoming developer to meet the requirements set forth m this plan. My ability to sell prior to light rail's arrival would be damaged by the future "what if' plans. Some property owners would have roads needed to be built in the middle of what they own with little left over for anything else Developers are in the business to make a profit. If costs are higher than the market will bear, the property values will be adjusted or the development will not be built. In review of the Wheat Ridge Northwest Subarea Plan, I have addressed the followmg subjects. I Access The access to the proposed Northwest Subarea Plan is poor ConsideratIOns that need to be explored and finalized before adoption of this plan are the folIowing: Ward Road - DRCOG is recommending expansion to 6 lanes. This further decreases the available land for this area. Possible expanding to 6 lanes may change access to 49th and 50th The current traffic on Ward is a problem for the current users of the plan area. Ward Road is a main artery to the north Arvada area. Railroad - There is mention and discussion regarding the grade separation of the tracks at Ward Rd. Whether the road goes over the tracks or under the tracks could eliminate the existing property on both sides of Ward Road and wilI surely eliminate access to Ward Road businesses, and to 49th and 50th for access to the planned area. Example Grade separation on Wadsworth Bypass and 57th is eliminating businesses along Wadsworth. Light rail - IfIight rail goes for a grade separation to cross Ward Road (which was mentioned in the report) it could change the location of the rail stop due to incline problems. 1-70 & Ward Exchange -There has been diSCUSSIOn is the past about moving the Ward Road exit from east bound 1-70, east towards Tabor There is no mention of the probability of this and the Impact on Tabor, and the traffic congestion, which would be another access to the Planned area. DRAINAGE Being Illvolved with property III the proposed area for over 30 years, I have not seen any storm water drains or management there of The property I am involved with cannot have asphalt or concrete over a specified percentage. I have to alIow for absorption and slow any storm water with slopes and detainage ability If this area is built up as proposed there could be major storm water problems as alI areas wilI be covered with buildings, concrete parkmg lots, brick pavers, trees in sidewalk boxes, etc. Where is the water going to go? Detainage ponds have been required for a long time and the area required for these will be diminished. RTD Plan It is my understanding the EIS (EnVironmental Impact Study) for the Gold Line has not commenced and is possibly 2+ years away from completion. The completion date for the Gold line is approximately 10+ years away If Ward Road is the end of the Gold Line, it IS possible the area needed for the park-n-rides is understated as has been a problem at the "end of the line" in Littleton. 2 TOWNCENTER PLAN There is extensive "hipe" regarding the "Light Rail Towncenter" developments in the Real Estate market. Several are being developed in the metro area. Time will tell the success of these centers. Coloradoans sometimes do not shop, live and play with the same attitudes as other parts of the country Wheat Ridge does not need another area of empty small shops and stores. More information should be available in the next couple of years regarding the success of these T ownCenters DEMOGRAPIDCS The traffic counts on Ward road are substantial. The income level of the area is extremely above median. However, the market demographics for retail in this area are questionable. Arvada is and has developed a large retail center at Kipling and 50th. The retail at 64th and Ward, 64th and Indiana, and a possible redevelopment with the coming of Cabell a's at 320d and Youngfield all diminish the attractiveness of the Plan area. There would be limited visibility from Ward Road, no visibility from 1-70, and limited and awkward mgress and egress. The cost of development for the area with roads, landscaping, open space, water & sewer improvements, storm water development, etc could make the cost prohibitive for smaller busmesses with their mam market being to serve the adjacent neighborhood and light rail passengers. In closing, my opimon is that Wheat Ridge's problems would be better served advancing the development of Cabella' s, redevelopment of 320d and Y oungfield, redevelopment of 38th and Kipling and 38th and Wadsworth, than to destroy the economic future of the Northwest subarea. The current residents of Wheat Ridge need options in there own city Instead of driving up and down Wadsworth and Kipling to Arvada and Lakewood for their shopping needs. If you have any questions, I can be reached at 303-425-7477 Sincerely, e - -rJ/ . . ~/ /)')<!lL- ~~~_/) /' - - Shaton L. Peterson/Mcgee Trustee Arnold A. Cillessen Irrevocable Trust 3 ITEM NO: Lt, REQUEST FOR CITY COUNCIL ACTION ~~ 'r$~' --;~ IU COUNCIL MEETING DATE June 26, 2006 TITLE: PUBLIC MEETING ON 2007 BUDGET o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date') o ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes I Deputy City Manager - EXECUTIVE SUMMARY: City Staff is currently working on the 2007 Proposed Budget. The proposed budget is scheduled for submittal to City Council in late September for review. City Council is scheduled to meet throughout the summer to discuss staffing levels, programs, serVices and capital projects proposed by Staff. This public input meeting is mtended to focus on 2007 citlzen requests, comments or suggestions. The public meeting is an mformal opportunity for the public to provide input to the City Council on the City Budget. A second public meeting is scheduled for July 24, 2006, a public hearing is scheduled for October 9, 2006 and adoption of the budget is scheduled for October 23, 2006 This public meeting on the 2007 budget is an opportunity for City Council to continue to develop a strong partnership between city and community by allowing the public to be involved in the policy development process and to stay informed on City financial issues. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: In April, City Council reviewed the City's strategic plan which included an update of the policy and management agenda. Staff uses the strategic plan as a gUide III prepanng their annual department budgets. City Council's goals for the years 2006 through 2011 are: 1 Creating a sustainable city government 2. City prepared for growth and opportulllties 3 Strong partnership between city, community and region 4 Better quality housing stock 5 Redevelopment of maJor corridors AL TERNA TIVES CONSIDERED: City Council could consider not holding this public meeting on the 2007 budget. This is not recommended because City Council has set a goal of "Strong Partnership between City and Community" which calls for open and transparent City government, Citizens well informed on finances, and public input on policy issues. FINANCIAL IMPACT: None RECOMMENDED MOTION: - None. Report Prepared by: Patrick Goff, Deputy City Manager (303-235-2805) Attachments: 1 None Wbtat ltibgt Wnittb ~tigbborboob5, lfnt. June,2006 Resolution to The Wheat Ridge City Council. Wheat Ridge United Neighborhoods would like to thank the City Council and the City Staff for fulfilling its promise to schedule an opportunity for citizen input on the city budget early In the budget process. However, Wheat Ridge Umted Neighborhoods has another concern about an impediment to the average citizens' ability to comment on next year's proposed expenditures. The problem is the copies of the preliminary budget are not available to take home and review except at a very expensive per-page cost. For that reason, Wheat Ridge United Neighborhoods requests that the council authorize the staff to print additional hard copies of the preliminary budget and make them available for citizens to purchase at a nominal cost. This allows those cItIzens who do not have internet access to easily and inexpensively obtain and review the budget. Thank. yo\.! for yoW COl1sjqeratioll. ~!;J? ...1)' <' / I y . ", Ij/... ( Michael Snow President, Wheat Ridge United Neighborhoods ITEM NO' s. REQUEST FOR CITY COUNCIL ACTION ~ COUNCIL MEETING DATE June 26, 2006 TITLE: COUNCIL BILL 14-2006: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC PLACES D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ~ ORDINANCES FOR 1ST READING (Date' June 26,2006) D ORDINANCES FOR 2ND READING Quasi-Judicial' D Yes ~ No City Attorney -- EXECUTIVE SUMMARY: The Colorado State legislature recently adopted legislation substantially amending Part 2, Article 14 of Title 25 of the Colorado Revised Statutes (the "Colorado Clean Indoor Au Act" or the "Act"). The Act expliCitly states that local authorities may enact rules and regulations similar to those promulgated in the Act; however, in no event shall such rules and regulations be less stringent than those promulgated by the State in Section 25-14-207, C.R.S. (as amended by HB 06-1175). The City has preViOusly adopted provisions concerning limitations on smoking in public places, codified as Article II of Chapter 9 of the Code of Laws (the "Code"). This ordinance amends Article II of Chapter 9 to conform to the same provisions of the Act. Because Article II of Chapter 9 of the Code is currently less restrictive than the recently amended State statute, the proposed ordinance provides that the Code will substantially comply with the Act. In sum, smokmg m public places is allowed only in certain enumerated locations, and fines (but not jail time) are imposed for the violation of these regulations. COMMISSIONIBOARD RECOMMENDATION: N/A CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No 14 Ordinance No Series of 2006 TITLE: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC PLACES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the state of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"), and WHEREAS, pursuant to its home rule authority generally and Article 15 of Title 31 of the Colorado Revised Statutes specifically, the City possesses the authority to do all acts and make all regulations which may be necessary or expedient for the promotion of health, and WHEREAS, the City Council (the "Council") finds that it is in the best interest of citizens of the City to protect nonsmokers from involuntary exposure to environmental tobacco smoke in most indoor areas open to the public; and - WHEREAS, the City has previously adopted provisions concerning limitations on smoking in public places, codified as Article II of Chapter 9 of the Code of Laws of the City of Wheat Ridge (the "Code"), and WHEREAS, the City Council finds that the legislature of the state of Colorado (the "State") has substantially amended Part 2 Article 14 of Title 25, Colorado Revised Statutes (the "Colorado Clean Indoor Air Act"): and WHEREAS, the City Council therefore desires to amend that Article previously adopted concerning smoking in public places and to conform the same with the provisions of the Colorado Clean Indoor Air Act. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1 Article \I Chapter 9 of the Code is hereby repealed and reenacted to read in its entirety as follows ATTACHMENT 1 ARTICLE II. SMOKING IN PUBLIC PLACES Sec. 9-21. Legislative intent. The city council finds, determines and declares that it is in the best interest of the people of this city to protect nonsmokers from involuntary exposure to environmental tobacco smoke in most indoor areas open to the public, public meetings, food service establishments, and places of employment. The city council further finds, determines and declares that a balance should be struck between the health concerns of nonconsumers of tobacco products and the need to minimize unwarranted governmental intrusion into, and regulation of, private spheres of conduct and choice with respect to the use or nonuse of tobacco products in certain designated public areas and in private places. Therefore, the city council hereby declares that the purpose of this Article II is to preserve and improve the health, comfort, and environment of the people of this city by limiting exposure to tobacco smoke Sec. 9-22. 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 - (1) Auditorium means the part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways, or lobbies adjacent thereto (2) Bar means any indoor area that is operated and licensed under Article 47 of Title 12, C R.S , primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages (3) Cigar-tobacco bar means a bar that, in the calendar year ending December 31, 2005, generated at least five percent (5%) or more of its total annual gross income or fifty thousand dollars ($50,000) in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. In any calendar year after December 31, 2005, a bar that fails to generate at least five percent (5%) of its total annual gross income or fifty thousand dollars ($50,000) in annual sales from the on-site sale of tobacco products and the rental of on-site humidors shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definition regardless of sales figures 2 (4) (a) Employee means any person who (I) Performs any type of work for benefit of another in consideration of direct or indirect wagers or profit; or (II) Provides uncompensated work or services to a business or nonprofit entity (b) Employee includes every person described in paragraph (a) of this subsection (4), regardless of whether such person is referred to as an employee, contractor, independent contractor, or volunteer or by any other designation or title. (5) Employer means any person, partnership, association, corporation, or nonprofit entity that employs one (1) or more persons. Employer includes, without limitation, the legislative, executive, and judicial branches of state government; any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission or agency; or any other separate corporate instrumentality or unit of state or local government. - (6) Entryway means the outside of the front or main doorway leading into a building or facility that is not exempted from this Article II under Section 9-24 Entryway also includes the area of public or private property within a specified radius outside of the doorway The specified radius shall be determined by the City or, if the City has not acted, the specified radius shall be fifteen feet. (7) Environmental tobacco smoke, ETS, or secondhand smoke means the complex mixture formed from the escaping smoke of a burning tobacco product, also known as "sidestream smoke," and smoke exhaled by the smoker (8) Food service establishment means any indoor area or portion thereof in which the principal business is the sale of food for on-premises consumption The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes. (9) Indoor area means any enclosed area or portion thereof The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area. (10) Place of employment means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer 3 (11) Public building means any building owned or operated by' (a) The state, including the legislative, executive, and judicial branches of state government; (b) Any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, a special district, an authority, a commission, or an agency of any of the same, or (c) Any other separate corporate instrumentality or unit of state or local government. (12) Public meeting means any meeting open to the public pursuant to Part 4 of Article 6 of Title 24, C R.S , or any other law of this state (13) Smoke-free work area means an indoor area in a place of employment where smoking is prohibited under this Article II (14) Smoking means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco - (15) Tobacco means cigarettes, cigars, cheroots, stogies, and periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff and snuff flour; cavendish, plug and twist tobacco, fine-cut and other chewing tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking Tobacco also includes cloves and any other plant matter or product that is packaged for smoking (16) Tobacco Business means a sole proprietorship, corporation, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental (17) Work area means an area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer Sec. 9-23. General smoking restrictions. 4 (a) Except as provided in Section 9-24, and in order to reduce the levels of exposure to environmental tobacco smoke, smoking shall not be permitted and no person shall smoke in any indoor area, including, but not limited to. (1) Public meeting places, (2) Elevators, (3) Government-owned or -operated means of mass transportation, including, but not limited to, buses, vans, and trains, (4) Taxicabs and limousines, (5) Grocery stores; (6) Gymnasiums, (7) Jury waiting and deliberation rooms, (8) Courtrooms, - (9) Child day care facilities, (10) Health care facilities including hospitals, health care clinics, doctor's offices, and other health care related facilities, (11) (I) Any place of employment that is not exempted (II) In the case of employers who own facilities otherwise exempted from this Article II, each such employer shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke Every employee shall have a right to work in an area free of environmental tobacco smoke (12) Food service establishments, (13) Bars, (14) Limited gaming facilities and any other facilities in which any gaming or gambling activity is conducted, (15) Indoor sports arenas, 5 (16) Restrooms, lobbies, hallways, and other common areas In public and private buildings, condominiums, and other multiple-unit residential facilities, (17) Restrooms, lobbies, hallways, and other common areas in hotels and motels, and in at least seventy-five percent (75%) of the sleeping quarters within a hotel or motel that are rented to guests, (18) Bowling alleys, (19) Billiard or pool halls, (20) Facilities in which games of chance are conducted, (21) The common areas of retirements facilities, publicly owned housing facilities, and nursing homes, not including any resident's private residential quarters, (22) Public buildings, (23) Auditoria, (24) Theatres, (25) Museums, (26) Libraries, (27) To the extent not otherwise provided In Section 25-14-103 5, C RS , public and nonpublic schools, (28) Other educational and vocational institutions, and (29) The entryways of all buildings and facilities listed in paragraphs (1) to (28) of this Section (b) A cigar-tobacco bar shall not expand its size or change its location from the size and location in which it existed as of December 31, 2005 A cigar-tobacco bar shall display signage in at least one (1) conspicuous place and at least four inches (4") by six inches (6") in size stating "Smoking Allowed. Children under eighteen (18) years of age must be accompanied by a parent or guardian" Sec. 9-24. Exceptions to smoking restrictions. 6 (a) This Article II shall not apply to (1) Private homes, private residences, and private automobiles, except that this Article II shall apply if any such home, residence, or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation (2) Limousines under private hire, (3) A hotel or motel room rented to one (1) or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty-five percent (25%), (4) Any retail tobacco business, (5) A cigar-tobacco bar; (6) The outdoor area of any business, - (7) A place of employment that is not open to the public and that is under the control of an employer that employs three (3) or fewer employees, (8) A private nonresidential building on a farm or ranch, as defined in Section 39-1-102, C RS , that has annual gross income of less than five hundred thousand dollars ($500,000), or (9) The retail floor plan, as defined in Section 12-471-509, C RS , of a licensed casino Sec. 9-25. Optional prohibitions. (a) The owner or manager of any place not specifically listed in Section 9-23, including a place otherwise exempted under Section 9-24, may post signs prohibiting smoking or providing smoking and nonsmoking areas Such posting shall have the effect of including such place or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this Article II (b) If the owner or manager of a place not specifically listed in Section 9-23, including a place otherwise exempted under Section 9-24, is an employer and receives a request from an employee to create a smoke- free work area as contemplated by Section 9-23 (a) (11) (II), the owner or 7 manager shall post a sign or signs in the smoke-free work area as provided in subsection (a) of this Section Sec. 9-26. Other applicable regulations of smoking. (a) This Article II shall not be construed to permit smoking where it is otherwise restricted by any other applicable law (b) The municipal courts have jurisdiction over violations of smoking regulations enacted by the City Sec. 9-27. Unlawful acts - penalty - disposition of fines and surcharges. (a) It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premises subject to this Article II to violate any provision of this Article II (b) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this Article II (c) A person who violates this Article II is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars ($200) for a first violation within a calendar year, a fine not to exceed three hundred dollars ($300) for a second violation within a calendar year, and a fine not to exceed five hundred dollars ($500) for each additional violation within a calendar year Each day of a continuing violation shall be deemed a separate violation - (d) All judges, clerks of a court of record, or other officers imposing or receiving fines collected pursuant to or as a result of a conviction of any persons for a violation of any provision of this Article II shall transmit all such moneys so collected in the following manner' Seventy-five percent (75%) of any such fine for a violation occurring with the corporate limits of the City shall be transmitted to the treasurer of the City and the remaining twenty-five percent (25%) shall be transmitted to the state treasurer, who shall credit the same to the general fund Section 2 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 8 Section 3 Severabilitv: Conflictinq 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 immediately upon adoption INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of , 2006, 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 , 2006, at 7'00 o'clock pm, 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 , 2006 SIGNED by the Mayor on this day of ,2006 - Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication Second Publication Wheat Ridge Transcript: Effective Date 9 ITEM NO' G;, REQUEST FOR CITY COUNCIL ACTION '('$~ ru COUNCIL MEETING DATE. June 26, 2006 TITLE: COUNCIL BILL 15-2006 - AN ORDINANCE APPROVING THE PARTIAL REVOCATION OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ~ ORDINANCES FOR 1 ST READING (Date' June 26, 2006) D ORDINANCES FOR 2ND READING D Yes ~ No Quasi-Judicial: - City Attorney EXECUTIVE SUMMARY: The Denver Water Department has entered into an agreement with the Valley Water Distnct to construct a major transmission main extending from 26th and Kipling to approximately 43rd and Miller Court. This segment crosses a portion of the Wheat Ridge Greenbelt, owned by the City. The Denver Water Department has asked that the City grant an easement for construction of and access to this transmissIOn line. The ordinance approves an easement agreement, which reflects requirements imposed by the City of Wheat Ridge. The City granted an easement in August of 2005 for this project. Denver Water has redeSigned the path of the water main and is requesting that a portIOn of the easement granted in 2005 be released and an easement for the new alignment be granted. STATEMENT OF THE ISSUES: The proposed major transmission main is needed by Denver to satisfy its supply obligations to the Valley Water District. The Valley Water District provides water to portions of the City of Wheat Ridge. In the event Denver were not able to obtain the easement through this easement agreement, it is highly likely that Denver would condemn the easement. Staff has met with representatives from Denver The maIn line itself and the proposed easement have been redesigned to accommodate the needs of Wheat Ridge as they were Identified during in- field meetings. The alignment of the easement is chosen to minimize damage to vegetatIOn and wildlife in the greenbelt. Nevertheless, some residual Impact will remain, and it will be some years before trees and brush cover the easement alignment. COMMISSION/BOARD RECOMMENDATION: N/A ALTERNATIVES CONSIDERED: Do not approve the easement agreement, force Denver to bring a condemnation action. FINANCIAL IMPACT: The original easement area was appraised at $31,600. This was paid to the City of Wheat Ridge (25%) and Jefferson County Open Space (75%) to reflect the origInal purchase agreement. This amount was paid by Denver Water as compensation for the grant of the easement. The difference in the amount to be paid for the new easement and the refund to Denver Water for the current easement IS $14,125 82. This additional amount will be paid to the City of Wheat Ridge and Jefferson County Open Space In the same percentages. RECOMMENDED MOTION: - "I move to approve Council Bill 15-2006, an Ordinance Approving the Partial RevocatIOn of an Easement and the Grant of an Additional Easement to the City and County of Denver Acting By and Through Its Board of Water Commissioners, on first reading, order It published, public hearing set for Monday, July 10,2006 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." or, "I move to table indefinitely Council Bill 15-2006, an Ordinance Approving the Partial Revocation of an Easement and the Grant of an Additional Easement to the City and County of Denver, ActIng By and Through Its Board of Water Commissioners for the following reason(s) " Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670 Joyce Manwaring, Director of Parks and Recreation Reviewed by. Randy Young, City Manager Attachments: 1. Council Bill 15-2006 (With attached Partial Release of Easement Agreement as Exhibit A, Easement Agreement as Exhibit B) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 15 Ordinance No Series of 2006 TITLE: AN ORDINANCE APPROVING THE PARTIAL REVOCATION OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS WHEREAS, the City of Wheat Ridge (the "City") is the fee title owner of certain real property encompassing the drainage of Clear Creek as it traverses the City (the "Property"); and Whereas, the City has previously granted, by ordinance, an easement across the Property for the use of the City and County of Denver, acting by and through its Board of Water Commissioners ("Denver") for water pipeline and access purposes (the "2005 Easement"), and - WHEREAS, Denver has determined that it is necessary to realign the pipeline concerned, resulting in a portion of the 2005 Easement no longer being needed, and the need for an additional easement; and WHEREAS, Denver has proposed the partial revocation of a portion of the 2005 Easement and has requested an additional Easement across the Property to accommodate the realigned pipeline project; and WHEREAS, The City Council finds that a portion of the 2005 Easement is no longer needed by Denver and it is in the best interests of the City that said portion be vacated to remove the encumbrance upon the City's title to the Property; and WHEREAS, the City Council finds that adequate limitations are imposed upon the requested additional easement sufficient to protect the City's interests; and WHEREAS, Section 6 3 of the Wheat Ridge home rule charter permits the Council to approve the grant of the easement by ordinance adopted by a three-fourths majority of the entire Council. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. The "Partial Release of Easement" attached hereto as Exhibit A is hereby approved, and the City hereby authorizes Denver to execute and record the same WRCA 020 ATTACHMENT 1 Section 2. The "Easement Agreement" attached hereto as Exhibit B is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same. 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. Effective Date. This Ordinance shall take effect fifteen 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 day of June, 2006, 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 ,2006, 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 , 2006 - SIGNED by the Mayor on this day of ,2006 Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication Second Publication Wheat Ridge Transcript Effective Date WRCA 020 EXHIBIT A PARTIAL RELEASE OF EASEMENT [A TT ACHED] - WRCA 020 ~-~--- ~ AGREEMENT DATE (To ~~omplctcd D\' llenver ~~~~r Properl\' AIanagcmenr) PARTIAL RELEASE OF EASEMENT THIS PARTIAL RELEASE OF EASEMENT is made and executed by the CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS, (BOARD). WITNESSETH: WHEREAS, the Board acquired an easement from CITY OF WHEAT RIDGE, a municipal corporation, dated September 01, 2005, and recorded in the Office of the Clerk and Recorder of Jefferson County, Colorado on September 01, 2005, at Reception Number 2005076211, ("Easement), and WHEREAS, the BOARD has determined that a portion of the Easement is no longer useful, and/or not required in the water works operation of the BOARD NOW THEREFORE, the BOARD releases all of its right, title and interest in and to that portion of the Easement described in attached and incorporated Exhibit "A", AutoCAD Drawing 11853-6_PMGT to and in favor of the PRESENT OWNER(S) of the property on which the Easement is located, effective upon the recording of this Partial Release of Easement. All other terms and conditions of said Easement dated September 01 , 2005, remain in full force and effect. - IN WITNESS WHEREOF, the BOARD's Manager has executed this Release of Easement, which has been attested to by the Acting Director of Engineering, with its corporate seal affixed ATTESTED AND APPROVED' CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS By' H. J Barry, Manager John H Bambei, Acting Director of Engineering Date APPROVED AS TO FORM: ~~~ OeC' Legal Divisl {S E A L} NIWnRDv'lGRMN"I\PA.RJ-ltL ESM1\W~1EA1.RIt>GE ell!' or CONOu'T_MJI-,\flLR_'5>9 1165J.-6_PART.REL_or EAS EXHIBIT "A" A parcel of land situated in the northwest quarter of the southeast quarter (NWYi SEYi) of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, Colorado more particularly described as follows' BEGINNING at a northeasterly corner of Denver Water's easement, the agreement for which is recorded at Reception No. 2005076211 in the Clerk and Recorder's Office of Jefferson County being a point on the west line of the southeast quarter of the northwest quarter of the southeast quarter of said Section 21, from which the northwest-southeast one sixty fourth corner of said Section 21 bears North 00015'03" West 24 09 feet; thence along said easement the following two courses; South 00015'03" East 53.89 feet; thence North 68020'12" West 263.00 feet; thence North 00048'34" West 54.11 feet to a point on the northerly boundary of said easement; thence along said northerly boundary South 68020'12" East 263.57 feet to the POINT OF BEGINNING as shown on Denver Water CAD drawing 11853-6_pmgt a copy of which is attached hereto and made a part hereof. This parcel contains 13,164 square feet more or less. - Denver Water 1600 West 12th Avenue Denver, Colorado 80204 E 1 4 SECTION 21) TOWNSHIP 3 SOUTH) RANGE 69 WEST 6th P M ---- JEFFERSON COUNTY ---- Dr 66 No 22.01 75 -\ N -- ------- -- CLEAR CREEK fl floP fHHY of ~rrY or: 1flHaJ.\ -r fllrlaa NE 1/4 NW 1/4 SE 1/4 SEC 21 C-N-SE x,. Cor Sec 21 lane Engineers 1~" Alum. Cap & Rebar \ I \ tv6&".;! . . O,<"W ~ <6J 00' _ _ ~9-':'29~0l- _ _ ~ N L1n6 SE //~ NW //~ sc 1/~ Soe 21 NOO'48'34"W 5411' ~ '" E '1 '" I '" '" <Xl cS o <l. . '" iii _______ NOO'15'03"W] ------- 24 09' J -- ---- ~ ------- //85.3 -- ------- ------- -<-tJ ------- ------- --- "'9/ ____ SOO'15'03"E -- --- ~ 53.89' ----- _____ ~ \ \ \ \ \ \ \ SE 1/4 NW 1/4 SE 1/4 SEC 21 BASIS OF BEARING. Bearings are based on the north line of the southeast quarter of the northwest quarter of the southeast quarter of Section 21 being NS9'29' 40"E. 100 0 ~~~~-~- 100 200 , SCALE IN FEET LEGEND ~ BNDRY EXISTING D W.D ~ EASEMENT CONVEYED ESMT DOCUMENT DATED SEC'Y FilE 429 DOC. 225 RIMS ITEM NO 08797 CARD NO DRN. AM PM. --- S. APPD SHEET 1 OF 1 SHEET CAD 11 B53-6_PMGT PR<*'ERn' M...rt"GMENT STAHOARDS. 1022200. EXHIBIT B EASEMENT AGREEMENT [ATTACHED] - WRCA 020 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT IS made between CITY OF WHEAT RIDGE, a municipal corporation, heremafter called "Grantor", (whether grammatIcally smgular or plural) and the CITY AND COUNTY OF DENVER, actll1g by and through its BOARD OF WATER COMMISSIONERS, hereinafter called "Board" WITNESSETH: For and Il1 consideratIOn of the sum of FOURTEEN THOUSAND ONE HUNDRED TWENTY-SIX AND 00/100 DOLLARS ($14,12600) and other good and valuable consideration to the Grantor Il1 hand paid by the Board, the receipt whereof is hereby acknowledged, the Grantor hereby grants to the Board, ItS successors and assigns, the sole, exclusive and permanent rIght to enter, re-enter, occupy and use the deSCrIbed property to construct, mamtam, repair, replace, remove, enlarge and operate one or more water pIpelines and all underground and surface appurtenances thereto, mcludmg electnc or other related control systems, underground cables, wIres and conncctlOns and surface appurtenances. By way of example and not by way of limltatlon, tlic partlcs Illtend to Illclude wlthm the tenns "Plpelmcs" and "appurtenances" the followll1g. mall1s and condUIts, valves, vaults, manholes, control systcms, ventilators, and the like, m, through, over and across the followmg described parcel of land sJtuate, lymg and bemg Il1 Jefferson County and State of Colorado, to-WIt: (For Legal Description, please see Exhibit "A", attached hereto and made a part hereon IT IS HEREBY MUTUALLY covenanted and agreed by and bctween the partIes hereto as follows 1 Thc Board shall have and exerCIse the right of mgress and egress Ill, to, over, through and across the above described property for any purpose needful for the full enjoyment of any other nght of occupancy for herem. 2 The Grantor shall not eonstmct or place any stmcture or bUIlding, fence, retaimng wall, street light, power pole, yard light, maIl box, sign or trash receptacle, temporary or penn anent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above described easement. Any structure or bUlldmg, fence, street lIght, power pole, yard lIght, mail box or sign, temporary or pennanent, or shmb, tree, woody plant or nursery stock, of any kind situated on the above described easement as of the date of this Agreement, may be removed by the Board without lIability for damages arising therefrom. 3 Fenclllg eXlstmg at the time of thIS Agreement whIch IS dIsturbed or destroyed by the Board or Its agents In constructlllg Its facIlitIes shall be replaced by the Board to Its ongmal condItIOn as nearly as reasonable; however, the Grantor shall not construct new fenemg across or wlthm the easement. 4 The Grantor grants to the Board the nght to occupy the easement m order to protect Its mterests m and rIght of occupancy of the easement at all tnnes and partIcularly dunng times of construct lOn, repair, removal, replacement or enlargement of water faCIlItIes. 5 The Board shall have and exercIse the rIght of subjacent and lateral support to whatever extent IS necessary or deSIrable for the full, complete and unmolested enjoyment of the rIghts described herem. [t IS specifically agreed between the partIes that the Grantor shall take no action whIch would Impair the earth cover over, or the lateral or subjacent support for any water pipelIne or lInes and appurtenances Within thc casement. The Board's Engineenng Standards rcqUlre no less than four and one-half (411z) feet and no more than ten (10) feet of earth cover, measured vertIcally from the top of any pipelIne or lInes. DeviatIOn from this reqUIrement wIll be penllltled only upon specltic pnor, wntten penmsslOn from the Board. If such modlficalIon undertaken by the Grantor requires alteratIOns to any plpe]me facilIty, such alteration shall be at the Grantor's expcnse. - 6 After construction of any water plpelme or hnes the general surface of the ground, except as necessanly modIfied to accommodate appurtenances, shall be restored, as nearly as reasonable, to the grade and condItIOn ImmedIately pnor to constmetlOn. TopsoIl shall be replaced in cultivated and agncultural areas, and any excess earth resulting from installations by the Board shall be removed from the easement at the sole expense of the Board. The Board agrees that for a penod of one-year followlllg constructIon whIch ll1vo!ves disturbance of the surface of the ground, the Board WIll 111 a lilt a 111 the surf:lce elevatlOlI alld qual1ty of the soli by correctmg any settl1ng or subsldlllg that may occur as a result of the work done by the Board. 7 The Grantor has retall1ed the right to the undisturbed use and occupancy of the subject property lI1sofar as such use and occupancy IS consIstent WIth and does not nnpalr any grant herein contained and except as herem otherwise provided. Without lImiting the general1ty of the foregomg sentence, the Grantor and the Board agree that the Grantor may use the subject property for open space, park, and pedestnan traIl purposes, consistent WIth use of contiguous property owned by Grantor and devoted to these purposes. 8 It IS mutually agreed by and between the partIes that the Board may commence the exercIse of ItS rights hereunder forthWIth or It may postpone the exerCIse of all or some part of Its nghts hereunder to some mdetermmate future time The Board IS acqulfIng the nghts 111 the subject property 111 order to msure to the Board a dommant easement for the exercIse of the Board's functions and that the exercise of any nghts III the subject property other than those retamed by the Grantor shall be wlthm the discretIOn of the Board. 9 lfthe Board abandons use and operation of the pipel1ne facilitIes laid pursuant to thIS easement, such abandonment shall not constitute abandonment of its rights under this easement. 2 10 The Grantor warrants that Grantor has full nght and lawful authonty to make the grant contamed herem, and promises and agrees to defend the Board in the exercise of Its rights hereunder agamst any defect m Grantor's tItle to the land involved or Grantor's nght to make the grant contamcd herem. II. Each and everyone of the benefits and burdens of this Agreement shall l11ure to and be bmdmg upon the respective legal representatives, heirs, executors, admimstrators, successors and assigns of the partIes. 12. For the resolutIOn of any dispute ansmg from thiS Agreement, venue shall be II1 the courts of the CIty and County of Denver, State of Colorado 13 Unless speCial provIsions are listed below and/or attached, the above constitutes the whole Agreement between the parties and no additional or different oral representalIon, promise or agreement shall be bindmg on any of the parties with respect to the subject matter of thiS instrument. To the extent that any speCial provIsions added are in conflict With any other provIsions, the speCial proviSIOns shall control and supersede any other terms or proVISIOns. SPECIAL PROVISIONS Notwithstandmg the proVISIOns of paragraph 8, the Board acknowledges the existence of a non-exclUSive easement granted to the FrUltdale Samtation Dlstnct for water and/or samtary sewer lines located withm the Board's easement at the northemmost portion of the easement and recorded under ReceptIon Number 79105298 on November 19, 1979 m the Clerk and Recorder's Office of the County of Jefferson. All other proVISions and tenns of this agreement shall remam m full force and effect. 1 THIS EASEMENT AGREEMENT shall become effectIve on the date It IS signed by the appropnate representatIve of the Board. ATTEST City of Wheat Ridge, a mUl1lclpal corporatIOn Pamela Anderson, City Clerk Jerry Di Tullio, Mayor APPROVED AS TO FORM Gerald E. Dahl, City Attorney ST ATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregomg 1I1stmmcnt was acknowledged before me thIS __ day of , 2006, by Jerry Di Tullio as Mayor and Pamela Anderson as City Clerk of the City of Wheat Ridge, a municipal corporation. Witness my hand and offiCIal seal My commISSIOn expires - {S E A L} Notary PublIc A TTESTED AND APPROVED CJTY AND COUNTY OF DENVER, actmg by and through ItS BOARD OF WATER COMMISSIONERS Jon L. Diebel, Director of Engmeenng By' H.,J Barry, Manager Date APPROVED AS TO FORM {S E A Lf Legal DivislOn N ',WORl)I,4.GRM}<T\ESMT,WH\:AT ,RIJX,i;.CI ry .OF tVNDUlT -NUMBER 1)9 l1S5' 5 COl'\Dlill EAS 4 EXHIBIT "A" A parcel of land situated in the northwest quarter of the southeast quarter (NWV4 SEV4) of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, Colorado more particularly described as follows BEGINNING at a point from which the northwest-southeast one sixty fourth corner of said Section 21 bears North 36042'48" East 598.33 feet; thence South 89022'00" West 50.00 feet; thence North 00048'40" West 37.52 feet; thence North 44011 '27" East 170.62 feet; thence North 00048'34" West 35947 feet to a point on the southerly boundary of Denver Water's easement, the agreement for which is recorded at Reception No. 2005076211 in the Clerk and Recorder's Office of Jefferson County; thence along said southerly boundary South 68020' 12" East 54.11 feet; thence South 00048'34" East 359.50 feet; thence South 44011 '27" West 170.62 feet; thence South 00048'40" East 1696 feet to the POINT OF BEGINNING as shown on Denver Water CAD drawing 11853-5_pmgt a copy of which is attached hereto and made a part hereof. This parcel contains 0 640 acre more or less - N:\WORDlLEGALS Denver Water 1600 West 12th Avenue Denver, Colorado 80204 SE 1 4 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST 6th P ---- JEFFERSON COUNTY ---- S68'20'12"E 5411' , ~ 'l '--- NW-SE ~. Cor See 21 1 . -- Bell Surveying 18SJ'J ~. ~11f' Alum. Ca . .....pfl19t ""'" . ""'" 1185 .~ J'6 ~ ""''''9/ ........... """'~ C-N-SE ~. Cor See 21 Lane Engineers 1W Alum. Cap & Rebar N89'29'40"E - --- --- - NUn. SE I/~ NW 1/~ SE I/~ s.c 21 ------- N ------- ------- flflOflSfl1Y OP CI1Y OP Y'lHSA 1 fllrlgE! 118SJ ------- _______ '2 _______ ""''''9/ ------- ------- ------- ------- '\ '\ \ \ \ \ ------- NOO'48'40"W 3752' SE 1/4 NW 1/4 SE 1/4 SEC 21 SOO'48'40"E 16.96' 100 0 ...,..-------- 100 200 . SCALE IN FEET co E 'T .. I " '" <0 BASIS OF BEARING. Bearings are based on the north line of the southeast quarter of the northwest quarter of the southeast quarter of Section 21 being N89'29' 40"E. W 41ST A Vf" LEGEND ~ BNDRY EXISTING 0 W.D ~ EASEMENT ACQUIRED ESMT DOCUMENT DATED SEC'Y FILE DOC. RIMS ITEM NO CARD NO. 000 DRN. AM M. APPD SHEET 1 OF 1 CAD 11853-5_PMGT ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. June 26, 2006 TITLE: RESOLUTION 31-2006 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE WHEAT RIDGE URBAN RENEWAL AUTHORITY (THE AUTHORITY) AND AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A ONE TIME PAYMENT TO THE AUTHORITY IN THE AMOUNT OF $100,000 o PUBLIC HEARING o BIDS/MOTIONS [8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes [8J No j - City Manager EXECUTIVE SUMMARY: The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981 which provided for the utilization of sales tax increment in the commercial area east of Wadsworth Boulevard, between West 38th Avenue and West 44th Avenue. Since 1995, the City has entered mto three different IGA's with the Wheat Ridge Urban Renewal Authority (the Authority). These IGA's have been inconSIstent with one another and have made it difficult to account for the financial obligations the CIty and the Authonty have for tax increments received from the Town Center Project. The City and the Authority desire to consolidate the provisions of these prior agreements, with certain changes, into a smgle new IGA which will function as the principal guiding document for the relationship ofthe City and the Authority. The proposed lOA establishes the rights and responsibilities ofthe CIty and the Authority with respect to operational assistance and the sales tax increment applicable to the Wheat Ridge Town Center. The specific elements of the sales tax increment allocation include the following: 1. F or all sales after January 1, 2006 irrespective of actual sales tax receipts, the City shall retain an amount equal to the sales tax receipts attributable to the Safeway store for the period November 1, 1994 through October 31, 1995 2. After accountmg for this retainage, the City and the Authority shall each receive 50% of the remaining sales tax increment from the Wheat Ridge Town Center Project. 3 The maximum sales tax increment for the Wheat Ridge Town Center Project paid to the Authority shall not exceed $100,000 in any fiscal year. The Authority's share of Town Center sales tax increments shall not exceed that figure in any case. 4 The sales tax increment for the Wheat Ridge Town Center is hereby extended to and including December 31, 2010. In addition, on or before June 27,2006, the City shall make a one time payment to the Authority in the amount of $1 00,000, to account for outstanding obligations of the Authority and in consideration of the mutual revocation of the previOUS agreements related to allocation of the sales tax increment. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: There have been a confusmg and internally mconsistent pattern of IGA's between the City and the - WRURA on the subject of sales tax increment sharing from the Town Center urban renewal area. A permanent solution to address the confuSiOn and inconsistencies requires a new IGA between the City and the WRURA. AL TERNA TIVES CONSIDERED: 1. Contmue with the current IGA 2. Create a new IGA to consohdate the provisions of the prior agreements into a single new agreement. FINANCIAL IMPACT: The proposed IGA caps the sales tax increment paid to the Authority at $100,000 per year. RECOMMENDED MOTION: "I move to approve Resolution No. 31-2006, approving an intergovernmental agreement with the Wheat Ridge Urban Renewal Authority and amending the fiscal year 2006 General Fund Budget to reflect the approval of a supplemental budget appropriation for a one time payment to the Authority in the amount of$100,000" or, "I move to postpone mdefinitely Resolution No. 31-2006, approving an mtergovernmental agreement with the Wheat Ridge Urban Renewal Authority and amending the fiscal year 2006 General Fund Budget to reflect the approval of a supplemental budget appropriation for a one time payment to the Authority in the amount of$100,000 for the following reason(s) " Report Prepared by' Reviewed by' Patrick Goff, Deputy City Manager Alan White, Community Development Director Jerry Dahl, City Attorney Attachments: 1. Resolution 31-2006 060626 lOA WRURA CAF.doc - CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO.n Series of 2006 TITLE. A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE WHEAT RIDGE URBAN RENEWAL AUTHORITY AND AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROV AL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A ONE TIME PAYMENT TO THE AUTHORITY IN THE AMOUNT OF $100,000 WHEREAS, the City has created the Wheat RIdge Urban Renewal Authority (the "Authonty"); and WHEREAS, the Authority has administered the urban renewal area known as the Wheat Ridge Town Center ("Town Center"); and WHEREAS, the Wheat Ridge Town Center has generated sales tax revenues, referred to by the City and the Authority as the "sales tax increment" for the Town Center project; and - WHEREAS, the Colorado Urban Renewal Law, CRS 31-25-112, authonzes the CIty and the Authonty to enter into agreements to cooperatively undertake all aspects of the admmlstration and operation of urban renewal areas, plans and redevelopment projects Within the City; and WHEREAS, the City and the Authority have entered into previous intergovernmental agreements under this enabling authority, including agreements pertaining to the allocation of the sales tax increment derived from the Town Center Project, and the shanng of resources relating to services, equipment and personnel; and WHEREAS, the City and the Authonty desire to consolidate the provisions of those prior agreements, With certain changes, mto a smgle new agreement which will function as the principal guiding document for the relationship of the City and the Authority; and WHEREAS, the City shall make a one tIme payment to the Authority m the amount of $100,000, to account for outstanding obligations of the Authority and in consideration of mutual revocation of the previous agreements related to allocatIon of sales tax increment; NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, as follows: A. The intergovernmental agreement between the City and the Wheat Ridge Urban Renewal Authority attached hereto as Exhibit A, is hereby approved and the Mayor and City Clerk are authonzed and directed to execute the same. ATTACHMENT 1 B. The City of Wheat Ridge fiscal year 2006 General Fund Budget be amended accordlllgly, specifically transferring a total of $100,000 from General Fund unreserved fund balance into account #01-105-700-720. DONE AND RESOLVED this 26th day of June, 2006 Jerry DiTullio, Mayor ATTEST: Pamela Anderson, City Clerk Published: ,2006 - Wheat Ridge Transcript GED\53027\456680.1 - EXHIBIT A Intergovernmental Agreement [Attached] GEDl53027\456680.1 Intergovernmental Agreement This Intergovernmental Agreement is entered into between the City of Wheat Ridge, Colorado (the "City") and the Wheat Ridge Urban Renewal Authority (the "Authority") as of the 26th day of June, 2006, together referred to as the "Parties" In consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1 Purpose of Aqreement This Agreement is entered into in order to establish the rights and responsibilities of the City and the Authority with respect to (1) operational assistance and (2) the sales tax increment applicable to the Wheat Ridge Town Center. 2. Operational Assistance A. Employees 1 Executive Director The City Manager has retained or shall retain a Director of Community Development and/or a Director of Economic Development and the Authority has retained said person as the Executive Director of the Authority When the Executive Director of the Authority is also an employee of the City, he/she shall maintain records of his/her time spent _ on an hourly basis when serving as Executive Director The Authority shall be responsible for and pay the City for such time expended on Authority matters related to the development activities, based upon his/her salary and fringe benefits 2. Authority Employees The Authority has and may continue to retain the professional services of other staff, consultants, advisors, experts and legal counsel as necessary and in accordance with the Urban Renewal Law 3 City Employees Upon request of the Director of the Authority, and subject to approval of the City Manager or his designee, City employees may be assigned to work for the Authority Such approval of the Manager shall include the right to limit or to withhold assignment of City employees to work for the Authority if, in judgment of the City Manager, the assignment of such employee(s) to work for the Authority is impairing the employee(s)' ability to complete his/her City duties. While performing services for the Authority, such City employees shall coordinate their services with the Director 4 Employment Records While serving as employees for or providing services to the Authority, records shall be maintained of such City employees' work, time and services The expenses of such services attributable to the Authority shall be billed to the Authority by the City WRURA IGA B Personnel Actions Related to Emplovees 1 Notwithstanding Section 2A 1, the selection, termination and other personnel actions related to any person performing the functions of the Executive Director of the Authority, who is not a City employee, shall be made by the Board of Commissioners of the Authority. The Board of Commissioners of the Authority agrees to consult with the City Manager prior to the retention of an Executive Director regarding methods and areas of cooperation between the Authority and the City relating to duties of the Executive Director vis-a-vis contemporaneous City duties, if any, and utilization of other City employees 2. The selection, description of duties and services, termination and other personnel actions related to all other employees, consultants, experts, attorneys and advisors of the Authority shall be made by the Authority's Board of Commissioners - 3 Personnel actions relating to City employees shall in no manner be affected by this Agreement. In the event of any personnel action relating to any City employee while working under the terms and provisions of this Agreement, such action shall be subject to the City's personnel rules and regulations. C Salaries and Procedures 1 The salary of the Executive Director of the Authority shall be established by the Board of Commissioners of the Authority; provided, however, in the event the Executive Director hired by the Authority is also a City employee, the Authority agrees that his/her total salary shall be in accordance with the salary set by the City for the Director's position with the City; and the portion thereof attributable to the Authority shall be allocated and paid as provided in this Agreement. 2. The salaries/fees of all other employees, consultants, experts, attorneys and advisors of the Authority shall be established by the Board of Commissioners of the Authority Any Authority employee may be included in benefit programs available to City employees and the Authority shall pay for the costs thereof D Other Services 1 The City may provide the Authority with such other services as may be required in order to perform its urban renewal functions including, but not limited to, accounting, financial and budget management, planning services 2 and engineering services, provided, however, that nothing herein shall be construed as prohibiting the Authority from contracting with or retaining third parties to provide all or a portion of any services. Records of all expenses and salaries related to such City services shall be maintained, and the Authority shall be billed by the City and pay the City therefore 2 Annual or any special financial audits shall be performed by the City's independent auditor All costs of any such audit or financial services shall be billed to and paid by the Authority E Office Space, FurnishinQs The City may make available appropriate office space and office equipment to the Authority All furnishings, equipment and supplies for the Authority may be acquired by the Authority or rented from the City. All furnishings and equipment loaned or rented to the Authority by the City shall be billed to and paid by the Authority and remain the property of the City All furnishings and equipment acquired by the Authority shall become the property of the City upon the dissolution of the Authority F. Operations Inteqration 1 City Codes. The Authority shall comply with applicable City ordinances, codes, rules and regulations related to the development and/or redevelopment of the urban renewal areas, except as provided otherwise in the urban renewal plans and the Colorado Urban Renewal Law. - 2. Reports to Council. The City Council shall be informed of the activities, functions, operations, legal processes and financial/budgetary administration and condition of the Authority on a periodic basis and as requested by Council. 3 MeetinQs. The Board of Commissioners and City Council shall meet at the request of the Council to communicate and coordinate activities, functions and share ideas and actions related to carrying out urban renewal and/or redevelopment projects. 4 Powers of Authority. The parties acknowledge and agree that the Board of Commissioners shall exercise all powers provided in the Urban Renewal Law and as provided in the urban renewal (redevelopment) plans adopted by Council G Insurance The Authority shall pay for its own public liability insurance and other insurance requirements, provided, however, that the City and the Authority agree 3 to include the Authority as an additional separate insured within the existing liability insurance coverages as a part of the services to be provided by the City to the Authority under the terms and provisions of this Agreement. H. Reimbursement of City - The Authority shall reimburse the City for salaries, rents and costs incurred by the City in providing employees, insurance, equipment, facilities, services and supplies as provided herein. The City shall file invoices with the Authority each quarter for employees, facilities, equipment and services rendered during the immediately preceding quarter, including therein all costs of providing same Such invoices shall be in sufficient detail and include all costs incurred by the City and shall sufficiently designate the types of services performed or provided by the City so that the Authority might properly determine the funds to which costs are being charged Upon approval of such invoices by the Commissioners, the Authority shall make arrangements with the City to pay said invoices It is the intent of the parties that the expenses be paid to the City at the earliest practicable time, however, the parties agree that this obligation of the Authority shall not impair the ability of the Authority to obtain debt financing, if necessary Therefore, the financial obligation created hereunder shall be subordinated to any financial obligations, bonds, notes or other debt financing issued by the Authority The total funds due the City by the Authority as provided herein shall bear interest at a rate agreed upon by the City and the Authority It is the intent of the parties that the said principal and interest shall be paid in full by the Authority to the City from funds available to the Authority, including but not limited to, sales and property tax incremental funds. 3 Wheat RidQe Town Center Sales Tax Increment A. Sales Tax Increment Defined The City imposes a sales tax of 3% on retail sales within the City. The City has adopted the Wheat Ridge Town Center Urban Renewal Plan which was amended in 2000, which provides for utilization of a sales tax increment in the commercial area east of Wadsworth Boulevard known as the "Town Center Project" Sales taxes collected on retail sales within the Town Center Project Area, as amended and as shown in Exhibit 1, are subject to an allocation formula whereby a portion of such sales taxes in excess of a defined base represents the "increment," or increased sales tax revenue, attributable to new retail activity within the Town Center Project. This increment is shared with the Authority pursuant to intergovernmental agreement between the Authority and the City. The City's "base" for calculating the increment was established in January 1981 at $528,330. 4 B Town Center Urban Renewal Plan Amendment In 2000, the City Council adopted an amendment to the Town Center Urban Renewal Plan which removed the "northern half' of the urban renewal area from urban renewal designation The deleted area was subsequently included in the Wadsworth Boulevard Corridor Redevelopment Plan C Sales Tax Increment Allocation The Parties agree that the Town Center Project sales tax increment, as defined at Section 3.A hereof, shall be allocated between them as follows: 1 For all sales after January 1, 2006 irrespective of actual sales tax receipts, the City shall retain an amount equal to the sales tax receipts attributable to the Safeway store for the period November 1, 1994 through October 31, 1995. 2 After accounting for this retainage, the City and the Authority shall each receive 50% of the remaining sales tax increment from the Wheat Ridge Town Center Project. 3 The maximum sales tax increment for the Wheat Ridge Town Center Project paid to the Authority shall not exceed $100,000 in any fiscal year The Authority's share of Town Center sales tax increments shall not exceed that figure in any case - 4 On or before June 27, 2006, the City shall make a one time payment to the Authority in the amount of $100,000, to account for outstanding obligations of the Authority and in consideration of the mutual revocation of the previous agreements related to allocation of the sales tax increment. 5. The sales tax increment for the Wheat Ridge Town Center is hereby extended to and including December 31, 2010 D Ratification of Prior Actions The City and the Authority waive any claim under for under or overpayments as between them for all years prior to 2006 The City and the Authority each hereby ratify all prior actions taken by the other in reliance on prior intergovernmental agreements between them. 4. City and Authoritv Separate Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants or employees as the agents or employees of the Authority, or the Authority or its officials, representatives, consultants 5 or employees as the agents or employees of the City Each entity shall remain separate, subject to the cooperation and coordination of each entity's respective duties and powers with regard to urban renewal (redevelopment) activities. Neither party shall hereby assume the debts, obligations or liabilities of the other The Authority shall be responsible for carrying out its duties and functions in accordance with the Colorado Urban Renewal Law, the urban renewal plans and other applicable laws and regulations. 5 Effect on Prior Aqreements All existing/prior cooperation agreements and/or intergovernmental agreements between the City and the Authority are hereby rescinded The terms of this Agreement shall control the relationship between and activities of the City and the Authority 6 Termination This Agreement may be terminated by the mutual consent of the parties at any time after giving at least (30) days written notice of intention to so terminate, provided, however, termination of this Agreement shall not release the Authority from its obligation to pay the funds due the City as provided herein, unless such obligation is specifically terminated by the City 7 No Debt - Nothing herein shall be construed as constituting any multi-year fiscal obligation within the meaning of Article X, Section 20 of the Colorado Constitution. it being the intention of the parties that all fiscal obligations herein be subject to annual appropriation 8 Further Assurances The Parties agree to take such further acts as necessary to implement the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above WHEAT RIDGE URBAN RENEWAL AUTHORITY By' Chair 6 STATE OF COLORADO ) ) ss. County of Jefferson The foregoing instrument , 2006 by Ridge Urban Renewal Authority was acknowledged before me this _ day of , as of the Wheat Notary Public My Commission expires' CITY OF WHEAT RIDGE, COLORADO By' Jerry DiTullio, Mayor -. ATTEST APPROVED AS TO FORM. Pamela Anderson, City Clerk Gerald E. Dahl, City Attorney 7 STATE OF COLORADO ) ) ss. County of Jefferson The foregoing instrument was acknowledged before me this _ day of , 2006 by Jerry DiTullio as Mayor and Pamela Anderson as City Clerk of the City of Wheat Ridge, Colorado Witness my hand and official seal. My Commission expires Notary Public - 8 EXHIBIT 1 !\ -.. - , <---- ~ . 2 l~ I . ~ ~ . ~ n . n ~ '--- W' ~ 0 t~ ~ ~ :c ~ f---- " - ~ ~ ~ n :!: Vl ... ... ffi - ~ ~ ~ ~ : ~ -i..- ~ . t to- Ie . ~ p . . . :J ;; 0 i . ~ b ~ 0 ~ ~ . . ~ 0 , ~ T 0 . . . . . . ~ 11 0 -- ..00 . . ~ ."-' """ ; ~ ~ "'" ~ ~ n n ~ 7 ~ , -~ ~ ( ) if> I ?~ 0 0 ~ > - ~ . ~~l f--- ~ N . ~ ~ ~ - ~ j ~ i ~ ~ "' > 1-- 0 <r <r ~ ~ ~ //// ~ - .--- ~ ~ :. c ,_ :. - 1l ~ - ., ~ .: tTHREE:. "'-CRE LANE < > ; ~ I"----- ? $i U 'i ; > f'-- ;: if ~ ~ II I. __ .: -;r---- , ;. ~ ~ r-- ~. I ~-- ----; ~ )---- . ~>-- ~ i i~ ~ ~ ~ ~ ~ ~ ~ "' ~ ~ ~ <r n~ ~ ~ ~ ~ ~ L- w J9TH.4.\IE I ( ~ ! ~~ - ? r- - I l~ ~ e r .m 8 . ~l! 0 . . ~ ~ x ~ <r 0 > "' s 0 < ~ > ~~ '{. ~ ~ 1 p ~I ~ ~ ~I I l ~~ , ANTS ."" .,,, "'" : "'" ~ ~ ~~%f~ ~ ~~~ ~ .;c~ ~ @~ ~ ;;~~. ~~ ~ ;a ~ ~ ~ //,(;011 ;; ; IN 38TH AVE ~~~nf11r Right-af-way ~ Property Line Sales Tax Increment Area ( ,-- , \1\ ITEM NO: ~l REQUEST FOR CITY COUNCIL ACTION ~If"'" lii]IL COUNCIL MEETING DATE. June 26, 2006 TITLE: RESOLUTION 32-2006 - A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES D PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi-Judicial. D IZI Yes No Q1f.~ - EXECUTIVE SUMMARY: In 2004, the City commissIOned Dr. Jerry Williams and Dr. Fred Ramquet to complete an assessment of the police department. During the assessment it was recommended that the police department consider civilianizing the crime lab function of the police department. In 2005, the Investigations Bureau had a similar assessment done by former Jefferson County Sheriff Ron Beckham. During Sheriff Beckham's assessment he also mentIOned that the crime lab should be civihanized, thus makmg a sworn position available for other police functions. In January, 2006 the police department received notice that our longtime crime lab Detective was retiring from the police department. During that same month the police department learned our second crime lab Detective had been called by the Naval Reserves and was being sent to Kuwait for at least one year This allowed the police department the opportunity to explore other options in the crime lab area. The police department explored a variety of options. Those options included remaining status quo, civilianizing our sworn positions, or partnering with another law enforcement jurisdiction. After reviewing our options the department made the decision to seek a partnership with the Lakewood Police Department because they have a large forensic crime lab staff that can accommodate our needs; they can provide around the clock coverage; their cnme lab offers processing capabilities that other jurisdichons could not provide; and their crime lab could provide enhanced cnme scene processing not currently available. A staff update regarding various options and discussions with Lakewood about crime lab/cnme scene services was presented at the April 3, 2006 and June 19,2006 City Council Study Sessions. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The police department had two organizational assessments recommendmg the department explore the feasibility of civilianizing the forensic crime lab sworn positions. The options available to the department included leaving the two sworn detechve positions in the crime lab, civilianizmg the positions, or partnenng with another law enforcement agency that could provide the same or enhanced level of service. After reviewing the alternahves, the police department determined the best ophon was to partner with the Lakewood Police Department. The department will give up one sworn position to fund the hiring of a crime scene analyst. This provides the department the opportunity to use the second crime lab position to be utilized in either investigations or patrol. In addition this arrangement provides our - department with the ability to use all the cnme lab personnel resources from the Lakewood Police Department at a major cnme scene. This means that our personnel will be able to process major crime scenes in a shorter amount of time, e.g. processing could take two to three days compared to the two weeks it took to completely process our last homicide scene. By funding this new position, the Wheat Ridge Police Department would have immediate access to all of Lakewood Cnme Lab personnel. The Lakewood Police Department would provide access to three (3) full time cnme scene analysts and a supervisor to respond to calls in Wheat Ridge. These additional resources would improve service levels at major crime scenes, processing time would decrease, thus reducing overtime costs. ALTERNATIVES CONSIDERED: 1. Maintain two sworn detective positions in the cnme lab. This alternative is not cost efficient and is no in congruence with the organizational assessments completed in 2004 and 2005 2. Hire two Civilian crime lab technicians. This alternative would require up to a year to hire, train and certify lab technicians for our department. In addition, it does not provide the cost savings or operational enhancements of alternative #3. 3. Partner with another agency that provides crime lab functions at a level equal to or greater than our current crime lab capabilities. The department recommends alternative #3 because it makes the department more efficient and effective, and enhances our level of service to the community. It also provides the department the opportumty to redeploy a sworn position to another line-level assignment within the organization. Finally, this recommendation provides a personnel cost savings which could be applied to another position or used elsewhere within the department. The police department recommends alternative #3. FINANCIAL IMPACT: The cost for the Lakewood Police Department to hire and train a crime scene analyst would be approximately $47,300 plus benefits. Salary costs for the first year are estimated at $60,000 Preliminary overtime costs have been estimated at $16,000 per year, bringmg the total cost to $76,000 per year In addition, the department will provide for any additional equipment (digital media storage unit), lab supplies and mileage reimbursement fees for Lakewood lab personnel when using their personal vehicles. Our 2006 salary and benefits costs for one senior detective position were a base salary of $72,069, benefits of$II,675 and estimated overtime of$4,000, bringing the total costs for the position to $87,774.00. This proposal would save the department approximately $11,774 a year RECOMMENDED MOTION: - "I move to approve Resolution 32-2006 - A Resolution Approving an Agreement Between the City of Lakewood and the City of Wheat Ridge for Cnme Lab/Crime Scene Services." or, "I move to deny approval of ResolutIOn 32-2006 - A Resolution Approvmg an Agreement Between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services for the following reason(s) " Report Prepared by' Reviewed by' Jack A. Chism Chief Daniel G. Brennan Attachments: I March 29,2006 Memorandum Regarding Forensic Crime Lab Services 2. Agreement Between City of Lakewood and City of Wheat Ridge 3. Resolution 32-2006 cc. Lakewood Police Department Division Chief Clarene Shelley 060626 Council Actionformfor LakewoodLabContract.doc - WHEATRIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Jerry DiTullio and City Council VIA: Randy Young, City Manager FROM: Daniel G. Brennan, Chief of Police DATE: March 29, 2006 SUBJECT: Forensic Crime Lab Services -- In 2004, the City contracted with Dr. Jerry Williams and Dr. Fred Rainquet to conduct an organizational assessment of the Police Department. In the final recommendations published in January, 2005 the assessment team commented that the police department should explore conducting a process evaluation of the Forensics Crime Unit to determine if the department should civilianize the two sworn positions assigned to that unit. In 2005, the department brought in Sheriff Ronald Beckham (retired) to conduct an evaluation of the Investigations Bureau. There were several recommendations made to enhance the Investigations Bureau including a strong recommendation that the department further explore the feasibility of civilian rather than sworn positions in the forensic crime unit. There were several justifications for making the sworn positions in the forensic crime unit civilian positions. A majority of law enforcement agencies have transitioned from sworn detectives in crime labs to civilian technicians, making sworn positions available for operational assignments such as patrol or investigations. The training required for today's forensic crime labs has become very focused and detailed. Personnel who work in this field often have college degrees in chemistry or forensic science Finally, the salaries for non-sworn positions can be less than the salary of a senior police officer In January, 2006 the police department was presented with an opportunity to move in a different direction with our crime lab functions. The department received notice that one of the detectives assigned to this unit was retiring from the police department. During that same month the police department learned that our second forensic crime unit detective had been called up by the Naval Reserves and was being sent to Kuwait for at least a year Our first challenge was to ensure our current forensic crime unit services continued uninterrupted. The department worked out a short term agreement with the Jefferson County Sheriff's Office to provide basic crime lab services to us, with the Lakewood Police Department agreeing to provide assistance in case of a staffing conflict with the Sheriff's Office. This left the department with four alternatives that needed to be explored: ATTACHMENT 1 Staff Report on Forensic Crime Lab Services March 29, 2006 Page 2 ~ Explore the feasibility of a Jefferson County Crime Lab that would serve the entire county There have been discussions in the past between Jefferson County law enforcement agencies to create a regional forensic crime unit. Unfortunately, these discussions have not reached the stage of achieving any congruence among the various law enforcement agencies, particularly in the areas of salary, benefits, FSLA status and a process on how to merge the various forensic crime units in the county ~ Begin discussions with the Jefferson County Sheriff's Office and the Lakewood Police Department to determine if either agency was interested in developing a partnership to provide forensic crime unit services in Wheat Ridge. ~ Civilianize the Wheat Ridge forensic crime unit function. ~ Continue to staff the forensic crime unit with sworn positions. The department began the task of contacting police agencies in the metro-area to determine the best alternative for our department. We looked at determining how various agencies staffed this function, were positions sworn or non-sworn, the types of services provided by these forensic crime units; and their willingness to partner with other agencies. The results of our research were predictable The majority of metro-Denver police agencies have civilian personnel working in their forensic crime units. The larger agencies offered a much broader range of forensic crime lab services than smaller agencies. Those forensic crime labs similar in size to Wheat Ridge, process fingerprint evidence and have some photo enhancement capabilities. They send all other evidence processing to the Colorado Bureau of Investigations or private labs. -- The department's Command Staff reviewed each of these alternatives and determined that our best alternative was to pursue a partnership with either the Jefferson County Sheriffs Office or Lakewood Police Department. It was determined that both agencies provided a broader array of forensic crime services and would provide us with the opportunity to enhance our forensic crime lab services. Our discussions focused on determining if either of these agencies were interested in a partnership and could accommodate the additional workload our agency would generate. We took into consideration the size of each forensic crime lab, services provided, the time it would take to transport evidence to and from our department for processing, availability of personnel, and total costs. During initial discussions it appeared the Sheriff's Office would not able to accommodate another person in their lab at this time. Further research and discussion led us to consider a partnership with the Lakewood Police Department's Crime Lab Lakewood currently has ten (10) employees in their crime lab (Jefferson County only has seven (7) personnel); including three full time crime scene technicians and a supervisor Staff from the Lakewood Police Department has examined our forensic crime unit needs and indicated they are interested in a forensic crime lab partnership with Wheat Ridge Police Department. Lakewood feels by adding one additional crime scene technician to their staff they can meet all of our needs plus offer additional forensic crime scene processing. Lakewood would make their crime scene technicians available to respond to our department several times a week to process fingerprint evidence; take the fingerprint Staff Report on Forensic Crime Lab Services March 29, 2006 Page 3 evidence back to Lakewood and utilize their A.F I.S (Automated Fingerprint Identification System) to compare our latent fingerprints to State and National databases (we have had to schedule time to use the AFIS computer at the Sheriff's Office or CBI in the past). Additionally, the technicians would provide crime scene processing for our department at major crime scenes (homicides, serious assaults, etc.) and assist in the collection of evidence and submission of the evidence. Our department would also have access to a wide array of other services that would enhance our investigative capabilities. This is an increase in services over those we have been able to provide to our community At this time, each agency feels we should explore a one-year contract with the Lakewood Police Department. At the end of one-year we would evaluate the effectiveness of the partnership and address any issues to determine if a long-term partnership is in order As proposed, the Wheat Ridge Police Department would give up one sworn detective position from our forensic crime unit to pay for one new Crime Scene Technician, including all costs (approximately $60,000 in salary and benefits) associated with that position, compared to the cost of one sworn position ($72,069 in salary and benefits). In addition, we would budget overtime monies ($16,000) to cover callouts of additional crime scene personnel for major crime scene processing. This amount is close to what the department spent in 2005 for crime scene processing duties. The second forensic crime unit detective position would be returned to a line position (either Patrol or Investigations). -- The Lakewood Police Department would be responsible for hiring, training and certifying the crime scene technician. Lakewood would also be responsible for maintaining staffing levels to meet both departments' needs. The Wheat Ridge Police Department would budget overtime monies to cover callouts of additional Lakewood personnel for major crime scene processing in our community By paying for this new position Wheat Ridge Police Department would have immediate access to all of the crime lab personnel from Lakewood We believe that service levels would improve at major crime scenes, more resources would be available to us, processing time would decrease and an overall a monetary savings would be realized. The department recommends pursuing an Inter-Governmental Agreement to contract laboratory and crime scene services from the Lakewood Police Department for a period of one year. Total costs will be finalized as we pursue discussions on this matter. At the end of the contract period, both agencies would meet and discuss any issues with this partnership Should a decision be made to end the relationship, the police department would explore the aforementioned alternatives. If both parties agree the partnership is working well for both agencies, an extension would be appropriate. Discussions on a regional crime lab remain on-going DB AGREEMENT THIS AGREEMENT is made and entered as of the _ day of _, 2006, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Wheat Ridge"), and the CITY OF LAKEWOOD, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Lakewood") RECITALS WHEREAS, Lakewood possess both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes, and WHEREAS, Wheat Ridge is desirous of utilizing these resources to more effectively manage its crime scene investigation, and WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will adequately staff the crime response team sufficient to service Wheat Ridge's needs, and WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat Ridge will receive services equivalent to one (1) full-time employee, and WHEREAS, the parties wish to establish a cooperative working relationship between them to provide for the use of the forensic crime lab and personnel hereafter described in this Agreement. COVENANTS -- NOW THEREFORE, in consideration of the recitals, covenants, and promises herein set forth and other good and valuable consideration herein received, the parties agree as follows: 1. Definitions. As used herein, the following terms have the meanings set forth. a. Ancillary scene/ancillary crime scene. A scene that is not the primary scene of a call-out. Ancillary scenes include, but are not limited to. hospitals, vehicles and the Lakewood Police Department when used to create search warrants and process victims andlor suspects b Call-out: A request made by either the Wheat Ridge or Lakewood Police Department for a Crime Scene Analyst, and any other personnel as may be deemed necessary, to visit a crime scene and to begin the investigation and analysis necessary to resolve that particular case c. Court preparation. Includes, but is hot limited to photo processing and preparation, diagram production, pre-trial meetings, consultation and other work done to prepare for any court proceedings resulting from a crime scene investigation. d. Crime Scene/Scene. Either a primary or ancillary scene as defined in this section. e. Crime Scene Analvst: A non-sworn member of the Lakewood Police Department specializing in crime scene investigation. ATTACHMENT 2 f Forensic crime lab/crime lab/lab. A lab specially designed to aid in the investigation and analysis of evidence found at a primary crime scene or any ancillary crime scene g. Imaqe analysis. Follow-up work done in the lab, which includes, but is not limited to review of images and providing stills from surveillance tapes h. Latent print work: Follow-up work done in the lab which includes processing, evaluation and comparison of fingerprints, as well as entry of such fingerprints into Lakewood's AF I S (Automated Fingerprint Identification System), AFIX and IAF I S (Integrated Automated Fingerprint Identification System) i. Overtime. Time worked by any Crime Scene Analyst beyond the normal working hours as scheduled on a weekly basis. Primarv scene/primary crime scene: The location where a crime is committed. 2. Availabilitv of crime scene investigation resources. Lakewood shall make its forensic crime lab and personnel available to Wheat Ridge under the terms set forth in this Agreement. 3. Scope of services. Wheat Ridge may make a call-out request for a Crime Scene Analyst in the circumstances as set forth in Exhibit 1 (the "Call-out Policy") herein attached. Lakewood shall provide the following services to Wheat Ridge in conjunction with each Wheat Ridge call-out: a. At least one (1) Crime Scene Analyst at the primary scene of the call-out; b At least one (1) Crime Scene Analyst at any ancillary scenes; c. Chemical preparation for any required processing at a scene; and d. Follow-up preparation and evaluation of evidence in Lakewood's or Wheat Ridge's lab Follow-up in the lab includes, but is not limited to i Documentation of clothing and other items of evidentiary value, ii. Bloodstain pattern analysis both at the scene and in the lab. Bloodstain pattern analysis includes presumptive testing for blood; iii. Latent print work; iv Footwear and tire track processing and comparison, v Alternate light source examinations; VI. Fracture match examinations, vii. Image analysis, viii. Image processing and the archival storage and reproduction of images which includes time, material and storage expense, ix. Report writing and diagramming, which includes laser mapping; x. Gunshot residue collection; xi. Court preparation, and xii. Court testimony 2 4 Procedure. All evidence that is not needed for immediate forensic examination shall be booked into Wheat Ridge property and evidence Wheat Ridge shall be responsible for any required viewings of evidence 5 Standard. access and Qualitv of service. With regard to all services provided under this Agreement, when responding to a request from Wheat Ridge, Lakewood shall provide the same standard of service, quality of service and accessibility to Wheat Ridge, as it does for all of its own call- outs. At a minimum, at least one (1) Crime Scene Analyst will respond to all major crime scenes Additional personnel may be called to the scene as necessary and as they become available In light of the addition of a new full-time Crime Scene Analyst pursuant to Paragraph 7(a) hereof, it is the expectation of the parties that this staffing increase will permit a Crime Scene Analyst to respond to any Wheat Ridge and/or Lakewood call-out for evidence collection. 6 AssiQnments. Assignments to each call-out shall be made by Lakewood. Wheat Ridge shall provide security for any Crime Scene Analyst who is at the scene of a Wheat Ridge incident. 7 Compensation. - In return for services provided and access to crime scene investigation resources, Wheat Ridge shall compensate Lakewood in the following manner' a. Salary, benefits and other associated costs. Wheat Ridge shall pay the salary, benefits and other costs associated with Lakewood hiring one (1) additional, full-time Crime Scene Analyst. During the first twelve (12) months of employment, salary for said employee shall not exceed $60,000 Salary shall be payable in advance in monthly installments of $5,000 Changes in salary, benefits, overtime and other associated costs of this Agreement shall be made during each party's budget process, (typically completed in the months of May and June) but in no event shall such changes be communicated to the other party later than one (1) week prior to submission of the final budget to the party's respective City Managers' offices for approval. b Overtime. Wheat Ridge shall pay all hourly overtime costs for Crime Scene Analysts on Wheat Ridge call-outs at the overtime rates paid by Lakewood for all overtime incurred by such Crime Scene Analysts Within thirty (30) days of receipt of the invoice from Lakewood, Wheat Ridge shall pay all overtime costs incurred. The parties understand that the overtime rate may change from time to time, upon 45 days advance written notice from Lakewood to Wheat Ridge. 3 c Storaqe of diqital media. Within thirty (30) days of the effective date of this Agreement, Wheat Ridge shall pay Lakewood $780 for the storage of digital media related to its forensic crime investigation d. Scope. This Agreement shall not be read to include access to Lakewood's Computer Forensics Technician. 8 Staffing. The forensic crime lab shall be staffed by Lakewood employees exclusively Lakewood shall hire one (1) additional Crime Scene Analyst who will be a Lakewood employee for all purposes, including, but not limited to' discipline and supervision. 9 Records and retention. All physical records and evidence generated by the crime lab and its personnel shall remain in the possession of Lakewood for the limited purpose of forensic examination. Upon completion of such examination, such physical records and evidence shall be maintained by Wheat Ridge. Legal ownership of such records and evidence from any Wheat Ridge crime scene shall remain exclusively with Wheat Ridge Wheat Ridge shall have all responsibility for responding to records inspection requests and any subpoenas for records with respect to Wheat Ridge crime scenes. 10 Use of facilities. Lakewood shall have access to the Wheat Ridge facilities necessary to carry out this Agreement. Furthermore, Lakewood shall have access to the evidence facility owned by Wheat Ridge located at 11220 W 45th Avenue, Wheat Ridge, Colorado 80033-2500 11 Compliance with Colorado Constitution Article X Section 20. The obligations of the parties hereunder are expressly subject to annual appropriation of amounts necessary in the sole and exclusive discretion of their respective governing bodies. Nothing in this Agreement constitutes or is intended to create a multi-year fiscal obligation or debt of either party within the meaning Article X, Section 20 of the Colorado Constitution. 12. Effective Date. This Agreement shall take effect on the 1st day of June, 2006, or upon execution of this Agreement by both parties, whichever event occurs last. 13 Term. The term of this Agreement shall be eighteen (18) months from the Effective Date 14 Termination. Either party may terminate this Agreement for any reason upon providing sixty (60) days notice to the non-terminating party; provided, however, that the non-terminating 4 party is given at least thirty (30) days to effect a cure Notice of termination must state the reason the party is terminating the Agreement such that the non-terminating party is given adequate information to cure. Any notice given under this section shall be sufficient if personally delivered or if sent by certified mail, return receipt requested, addressed as follows. If to Wheat Ridge. 7500 W 29th Ave Wheat Ridge, CO 80033 With a copy (which shall not constitute notice) to' Gerald E. Dahl Murray Dahl Kuechenmeister & Renaud LLP 2401 15th Street, Ste. 200 Denver, Colorado 80202 If to Lakewood: Lakewood Public Safety Center 445 S Allison Pkwy Lakewood, CO 80226 With a copy (which shall not constitute notice) to Roger Noonan Lakewood Civic Center 480 S Allison Pkwy Lakewood, CO 80226 - Notices personally delivered shall be effective upon delivery Mailed notices shall be effective three (3) business days after mailing 15 Waiver. Failure to insist upon strict compliance with any of the terms, covenants andlor conditions hereof shall not be deemed a waiver of such terms, covenants andlor conditions, nor shall any waiver or relinquishment of any right or power hereunder at anyone time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 16 Amendments to Aareement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written agreement signed by both parties. 17 Entire Aareement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, agreements, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. 5 18. GoverninQlaw; severabilitv. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, jurisdiction and venue shall be proper and exclusive in the Courts of the County of Jefferson, State of Colorado If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby 19 ParaQraph headinQs. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 20 SindinQ aQreement. This Agreement shall be binding upon and for the benefit of the parties hereto, their successors and assigns. IN WITNES WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. WHEAT RIDGE. ATTEST CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation By' Pam Anderson, City Clerk By' Daniel Brennan, Chief of Police Approved as to form. By' Gerald Dahl, City Attorney LAKEWOOD' ATTEST CITY OF LAKEWOOD, COLORADO, a Colorado municipal corporation By' Margy Greer, City Clerk By' Ronald R. Burns, Chief of Police Approved as to form. By' Office of the City Attorney Exhibit _1_ Call-out Policy Call-out Policy 1 Homicides and attempted homicides 2. Questionable (suspicious) and accidental deaths 3 Suicides 4 Felony Sex Assaults 5 First & Second degree assaults on police or fire personnel. 6 Assaults with potentially life threatening injuries to any person. 7 Fire investigations involving human death or potentially life threatening injuries, or at the request of fire investigators for technical assistance 8 Felony child abuse. 9 First or Second degree kidnapping 10 Police involved shootings 11 Other types of incidents when the sensitivity of the investigation or a forensic complexity precludes the normal processing option, at the discretion of the supervisor - [For reference only - not a part of the Agreement above] 7 Addendum. Current walles of emplovees: Dave DeHaan: $27 50/hr Josh Markham-Gallegos $24 80 Sheri Shimamoto $23 50 Patrick Bohan (supv) $3516 $41.25/hr aT $37.20/hr aT $35.25/hr aT $52.74/hr aT - 8 RESOLUTION 32 Series of 2006 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES WHEREAS, Lakewood possesses both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes, and WHEREAS, Wheat Ridge is desirous of utilizing these resources to more effectively manage its crime scene investigation, and WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will adequately staff the crime response team sufficient to service Wheat Ridge's needs,and WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat Ridge will receive services equivalent to one (1) full-time employee, and WHEREAS, the parties wish to establish a cooperative working relationship between them to provide for the use of the forensic crime lab and personnel hereafter described in this Agreement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: -- The City of Wheat Ridge and the CIty of Lakewood shall enter into an eighteen month agreement for Crime Scene and Crime Lab services. At the end of the agreement penod, the agreement will be reviewed and a decision to extend the agreement can be made With the approval of both the City of Wheat fudge and the City of Lakewood. DONE AND RESOLVED THIS 26th DAY OF June 2006. Jerry Ditullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 3 " CITIZENS' RIGHT TO SPEAK DATE: JUNE 26. 2006 ANY PERSON MAY SPEAK ON MATTERS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. GENERAL AGENDA ITEM COMMENT ROSTER DATE: JUNE 26, 2006 ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. NAME ADDRESS ? 70:3 ;4 Y'115-"7 -2.. ~ tv -2--- ~ AGENDA ITEM NO. CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO. __ PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. 13-2006 TITLE: COUNCIL BILL NO 13-2006 - AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE. YOUR RAME Al!ID ADDRESS I CHECK IN FAVOR OPPOSED .. IF YOU IilEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO. S PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. TITLE: PUBLIC MEETING ON 2007 BUDGET YOUR RAME Al!ID ADDRESS CHECK IN FAVOR OPPOSED "~~~~ . IF YOU IilEED MORE ROOM PLEASE SIGN ON BACK OF PAGE I CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGERDlI. I..... RO.~ PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. TITLE: PUBLIC HEARING ON RESOLUTION 30-2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ADOPTING THE NORTHWEST SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN YOUR RAME Al!ID ADDRESS CHECK IN FAVOR OPPOSED ~ .~ ,- V ~-- - ------ _ .,~~____.-.-.__u____ ..,../ V ----...... IF YOU IilEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl