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HomeMy WebLinkAbout07/24/2006 (' ~{1dtft)t' to 6:30 p.m. Pre-Meeting ~\ t ={J~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 24, 2006 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF July 10,2006 PROCLAMATIONS AND CEREMONIES Presentation of Annual Business Awards CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1, COUNCIL BILL 16-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURE ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRO) FOR PROPERTY LOCATED AT 5220 QUAIL STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-06-02) (Wilson Community Development) Item 2. Public Input for 2007 Budget. CITY COUNCIL AGENDA. July 24, 2006 Page -2- ORDINANCES ON FIRST READING Item 3. Item 4, COUNCIL BILL 19.2006 - AN ORDINANCE AMENDING SECTION 26- 623 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING EXCAVATION AND DEPOSIT CONTROL. COUNCIL BILL 20-2006 - AN ORDINANCE AMENDING SECTIONS 26- 204 AND 26-613 OF THE CODE OF LAWS TO INCLUDE MASSAGE THERAPY DECISIONS, RESOLUTIONS, AND MOTIONS Item 5. Item 6. Item 7, Item 8, Item 9, Award of Purchase for playground equipment at Louise Turner Park in the amount of $34,883 00 Amendment to Planning Commission Bylaws, Acceptance of the 2005 Comprehensive Annual Financial Report (CAFR) RESOLUTION 34-2006 - AMENDING THE 2006 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $246,000 FOR MARKET ADJUSTMENTS TO EMPLOYEE COMPENSATION PLANS, Motion to allow for the use of banners for the Wheat Ridge Carnation Festival and Parade scheduled for August 16 through August 19, 2006 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT -~rMImJm CITY OF WHEAT RIDGE, COLORADO July 10.2006 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p m Councilmembers present: Karen Berry, Dean Gokey, Lena Rotola. Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble, Councilor Karen Adams was absent. 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 June 26, 2006 Motion by Mrs Sang for approval of the Minutes of June 26, 2006, seconded by Mr Stites Mr Gokey asked to amend the Minutes to reflect that Mr Dahl answered questions in regards to the distance from the main entrance in regards to the new smoking ordinance, Motion as amended carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor DiTullio and Chief Brennan presented Medals of Valor to four exceptional Police Officers, 5gt. J.D. Jepkema 5gt. Jon Pickett Officer Scott Jungclaus Officer Charles Hemming Mayor DiTullio stated that he was contacted by a constituent and asked to present a plaque to Dean Gokey, City Council District II, in recognition and appreciation of his services to the City of Wheat Ridge Mayor DiTullio, Councilmember Sang, and Council President Mike Stites accepted the City of Wheat Ridge - 2006 Civics Awareness Program Winner award presented by Colorado Municipal League. Rob Osborn, Executive Director for Wheat Ridge 2020, outlined some of the programs they have done in the last 8 weeks, He is very excited to be here CITY COUNCIL MINUTES July 10, 2006 Page -2- Mayor DiT~ljjo read Proclamation for Recreation and Parks Month and presented it to Kevin Hood, Chair of the Parks and Recreation Commission CITIZENS' RIGHT TO SPEAK There were no citizens that wished to speak under this item APPROVAL OF AGENDA Motion by Mr, Schulz to amend the Agenda to add Item 8, RESOLUTION 33-2006. A RESOLUTION AMENDING THE 2006 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT $23,000 FOR THE PURPOSE OF ABATEMENT OF CODE VIOLATIONS AT 4590 KIPLING STREET; seconded by Mr. Gokey; carried 7-0. Item 1, CONSENT AGENDA: A. Award ITB-06-11 2006 Slurry Seal Project in the amount of $290,684 90 B Award ITB-06-47 Miscellaneous Streets Improvement Project in the amount of $432,240 38 C Award RFB-06-33 Radar Speed Display Signs at a total cost of $25,00000, Consent Agenda was introduced and read by Mrs, Rotola Motion by Mrs, Rotola for approval of the Consent Agenda, seconded by Mr Womble, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2, 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. Mayor DiTullio opened the public hearing Council Bill 14-2006 was introduced on second reading by Mr Schulz and he read the executive summary, City Clerk Pam Anderson assigned Ordinance No 1364 Mr. Dahl gave a brief staff report outlining the state legislation, David Hanscom, 6595 W 381h Avenue, Wheat Ridge Lanes, urged Council not to exceed the specifications that State law requires, Don't exceed the distance that the State has set. CITY COUNCIL MINUTES July 10, 2006 Page -3- Tom Little, 7605 West 44th Avenue, Unit F, asked for support of the proposed amendment pertaining to a five foot radius. Mayor DiTullio closed the public hearing. Motion by Mr, Schulz to approve Council Bill 14-2006 (Ordinance No. 1364) and that it take effect immediately upon adoption, seconded by Mrs. Berry, Motion by Mrs, Sang to amend subsection (6), Section 9-22, Article II, by deleting the last sentence in its entirety and replacing the same with the following sentence: "The specified radius shall be five (5) feet; provided, however, that if that specified radius would prohibit smoking on a patio where smoking is otherwise allowed by this Article or by state law, such radius shall be reduced to zero (0) feet in that case to allow for smoking on such patio", seconded by Mr Womble and Mr. Gokey; failed 3-4, with Councilmembers Sang, Womble, and Gokey voting yes, Original motion carried 6-1, with Mr Womble voting no Item 3, 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, Mayor DiTullio opened the public hearing Council Bill 15-2006 was introduced on second reading by Mr Womble and he read the executive summary City Clerk Pam Anderson assigned Ordinance No 1365 Joyce Manwaring, Director of Parks and Recreation, stated that she has been informed by Denver Water that there is a discrepancy in the legal description, Mr Dahl suggested that Council approve the Ordinance and take further action that the Parks and Recreation Director substitute the corrected legal and survey that the Water Department will provide, before the documents are recorded, That will protect the City until the documents are recorded Mayor DiTullio closed the public hearing CITY COUNCIL MINUTES' July 10, 2006 Page -4- Motion by Mr. Womble to approve Council Bill 15-2006 (Ordinance No 1365) on second reading, and that it take effect 15 days after final publication. He further moved to direct the Director of Parks and Recreation to substitute the corrected legal description and survey for Exhibit B of Ordinance 1365, when supplied by the Denver VVater Department, and prior to recording of the partial release of Easement Agreement of the new Easement Agreement; seconded by Mrs. Rotola; carried 7-0, ORDINANCES ON FIRST READING Item 4, COUNCIL BILL 16-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURE ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRO) FOR PROPERTY LOCATED AT 5220 QUAIL STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. (Case No, WZ-06-02) (Wilson Community Development) Council Bi/l16-2006 was introduced on first reading by Mrs. Rotola, Motion by Mrs. Rotola to approve Council Bill 16-2006 on first reading, order it published, public hearing set for Monday, July 28,2006 at 7:00 p m in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr Schulz; carried 7-0. Item 5. COUNCIL BILL 17-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, (Case No WZ-06-03) (Coors Brewing Company and Cabela's) Council Bill 17-2006 was introduced on first reading by Mr. Stites, Motion by Mr. Stites to approve Council Bi/l17-2006 on first reading, order it published, public hearing set for Monday, August 14,2006 at 7:00 p,m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs. Sang, carried 7-0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 6, Award ITB-06-35 Youngfield Street, 38th to 44th Avenue Improvement Project Construction in the amount of $2,095,517 02, Item 6 was introduced by Mr Stites, CITY COUNCIL MINUTES: July 10, 2006 Page -5- Motion by Mr Stites to award ITB-06-35 to Scott Contracting of Golden, Colorado in the amount of $1 ,905,015.47 I further move that a contingency amount of $190,501.55 be approved I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $2,095,517,02 I further move that all costs associated with this contract be paid from Acct. No. 30-303-800-843, and that these funds be encumbered for the length of the project in accordance with Ordinance No 787, 1989 Series, I further move that award of ITB-06-35, Youngfield Street, 38th to 44th Avenue Improvement Construction is contingent upon the issuance of a Colorado Department of Transportation Utility Permit for the construction of the project; seconded by Mrs Sang, carried 7-0. Item 7, Wheat Ridge Foundation Appointment. Motion by Mrs Sang to appoint Don Eafanti to the Wheat Ridge Foundation Board; term to expire March 2,2009, seconded by Mr. Stites and Mr Womble, carried 7-0 Item 8, RESOLUTION 33-2006. A RESOLUTION AMENDING THE 2006 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $23,000 FOR THE PURPOSE OF ABATEMENT OF CODE VIOLATIONS AT 4590 KIPLING STREET Resolution 33-2006 was introduced by Mr Schulz, He also read the executive summary Motion by Mr Schulz to approve Resolution 33-2006, seconded by Mrs, Rotola, carried 7 -0 Mrs Berry explained that this will ultimately not be paid for by the taxpayers, The City will attempt to get the money back from the property owner or place a lien on the property Meeting adjourned at 7 57 p,m ,'0 ~~( ~\\l1rL .u----- Pamela y ~erson, City Clerk APPROVED BY CITY COUNCIL ON JULY 27, 2006 BY A VOTE OF _ to _ Mike Stites, Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e. they contain a record of what was done at the meeting, not what was said by the members, Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions, Business Awards Presentation Mayor Thank you for joinmg us for presentation ofthe 41h Annual Wheat Ridge Busmess Awards, given by the City of Wheat Ridge Mayor and City CouncIl. It is a pleasure to honor these very special businesses who have helped make Wheat RIdge a great place to live and work. NominatIons for the awards were submItted by local businesses and the wmners determmed by a selection committee composed oflast year's award recipients, and one member from each busmess community. All businesses and award nommees Will be honored dunng our annual business apprecIation luncheon on August 4 from 11 :30 to 1 at the Recreation Center. We have six awards we would like to present, and we will begm With the Cultural CommissIOn award. Representing the Cultural CommISSIOn this evening are GeoffWaddell and Joyce Jay. The Cultural Award recogmzes a business whIch has made an impact on our commumty through one or more of the followmg areas: );0 Promoting culture and the arts, 'y Encouraging the appreciation of culture and art, );0 Promoting awareness of our cultural activities, dIVersIty and heritage, ji- Promotmg a creatIve environment, y Supportmg opportumties in art education for all ages and incorporating art mto the architecture and design of their buildmg. We are very proud to present this year's award to Cutting Edge Framing and Gallery at 7200 W. 38th Avenue. For a number of years, Bruce Buckler, owner ofCuttmg Edge Frammg and Gallery has worked toward sponsoring and promotmg the arts with the goal of bringing awareness of art to the community. He has sponsored monthly art walks on 38th Avenue, welcomed artists mVlting them to dIsplay then art and host lIve art and entertainment while encouraging the entire community to stop by and partiCipate. Bruce is a member of the Arts Council of Wheat Ridge; and sponsors the Taste of the Arts annual show. In addition to that, he is one of the coordmators of the "Cool Art and Hot Rods" event sponsored by the Wheat Ridge Business Distnct. Bruce has donated frames, supplies and servIces to the Wheat Ridge middle school art shows, Enterprise Wheat Ridge and other organizations. He encourages art education and attendance to the city's "Concert m the Parks" program. Bruce Buckler models how a busmess can be an ambassador for art and culture within a commumty. Here to accept the award IS the owner of Cuttmg Edge Frammg and Gallery, Bruce Buckler. (Pause for recipient comments and photo op.) Mike Stites and Karen Adams will now present the next award. (Mike Stites and Karen Adams) Speaker Our next award is the Re-investment Award. This award recogmzes a business that has demonstrated one or more of the followmg: y Made a sIgnificant investment in theIr property y Improved the overall appearance of the sIte y Helped upgrade the overall image of Wheat RIdge y Mamtained property at the highest standards This year we present the award to The Foothills Group. The Foothills Group is owner of the Wadsworth Center located at 3835 Wadsworth Boulevard. Dunng 2005, Mike Wieman, owner of The Foothills Group, invested a considerable amount offunds into the fayade and signage of the locatlon includmg removal of the old shingle mansard and block and adding new signage and a new look to the bUIlding. In addItlon, Mike has become actlve m the Enterpnse Wheat RIdge business association and commumty. Here to accept the award is the owner of The Foothills Group, Mike Wieman. CongratulatlOns. (Pause for comments from the recipient, photo op) Dean Gokey and Wands Sang will now present our next award. (Dean Gokey and Wanda Sang) Our next presentation is for the Small Business of the Y ear Award. This award recogmzes a busmess that has demonstrated one or more of the following: ~ Has 15 or less employees )ioo Has demonstrated growth in sales, employment or overall productIOn ~ Offers unusual opportunities )ioo Has participated m various commumty and CIty efforts and events This year, the award goes to a long-time Wheat Ridge company - Down River EqUIpment. Down RIver Equipment has been located at 12100 W. 52nd Avenue for 23 years, Down RIver EqUIpment, otherwise known as ORE, specialIzes in eqUIpment for whIte water rafting and float fishing and offers more than 1,800 products - 450 of which are manufactured in Wheat RIdge. DRE IS known for Its custom rowing frames, fly fishing frames and DRE brand inflatable boats and cata-rafts. They have a broad national customer base for retail, outfitter and dealer sales and limited international customers m Canada, Central America and Europe. The latest internatIOnal expedition to use DRE products was the first source-to-sea decent of the Nile whIch included the first oar boat decent of the Blue NIle m Ethiopia. This trip was chronicled m the IMAX presentation "Mystery of the Nile" and the book by the same name. ORE was purchased by Christine Wolfe and Mike Prosser m 1998. Since that tIme, they have grown their business over 45% wIth gross revenues in excess of $1.5 mIllion in 2006. ThIS growth has come despite 9-11, more than 3 years of drought, and a sluggish economy. In addition to running DRE, Chnstine has worked wIth the Colorado State House and Senate to wnte and pass the Javad Marshall-FIelds and Vivian Wolfe WItness ProtectIon Program bill which was signed into law by the Governor on June 20, 2006. Here to accept the award are owners of Down River EqUIpment Mike Prosser and Chnstine Wolfe. Congratulations. (Pause for comments from the recipient, photo op) Karen Berry and Terry Womble will now present our next award. Karen Berry and Terry Womble Our next award goes to the PrestigIOus BusIness of the Year. This award recogmzes a business that has demonstrated one or more of the following: >- Growth In employment numbers >- Growth in retail sales or overall production >- Has made significant capItal investment in ItS operations >- Has participated in various community and city efforts and events ThIs year's award is presented to ARC Wireless Solutions, Inc located at 10601 W. 481h Avenue. ARC Wireless Solutions is a publtcly traded company which occupies a 50,000 square foot facilIty on 481h Avenue near KiplIng. It is an 18 year old company that has been a part of the Wheat RIdge community for over 11 years. ARC Wireless operates three business entIties - Winncom Technologies Corp, a value-added mtematIOnal dIstnbutor of wireless Broadband and WI-FI@ networking products and assocIated telecommunicatIon solutIOns; Wireless Communications SolutIons DIvision which designs, manufactures and markets, as well as distributes and services, a broad range of wireless antenna products; and Starworks Wireless Inc., a company that specializes in design, manufacturing and marketing, of cable and related products. During 2005, ARC Wireless mcreased its net income by an amazmg 100% and grew their employment base by over 25%. TheIr combmed consolidated assets grew by 33% dunng 2005 and to date, have more than doubled. Here tonight to accept the award is Randall Marx, Chief Executive Officer for ARC Wireless Solutions. Congratulations. (Pause for comments from the recipient, photo op) Lena Rotola and Larry Schulz WIll now present our next award. (Lena Rotola and Larry Schulz) Our next award goes to the Volunteer of the Year. ThlS award recoglllzes an indivldual who has demonstrated one or more of the followmg: ? Promotmg the image of the City ? Involvement in the busmess organizations ? Promoting and volunteering time to achieve the goals of the City ThlS year's award is presented to Cheryl Brungardt. For a number of years, Cheryl has selflessly devoted herself to promotmg and bettering the City. Cheryl has volunteered on the Housing Authority to help convert older apartment complexes into condomilllum housing for first time homebuyers; she volunteers numerous hours towards helping the city reach its economic development goals by participating with the Enterpnse Wheat Ridge business group and serving on several Wheat Ridge 2020 committees. Cheryl supports and attends many Clty functions and her contributions are vlsible throughout the city. Cherylls a volunteer who can be counted upon when needed and never turns down a request for help -- constantly giving from her heart for the betterment of the entire community. Cheryl, the Mayor, City Councll and entire community of Wheat Rldge extend our heartfelt appreciation for the endless hours of time and energy you have dedicated to the City. (Pause for comments from the recipient, photo op) Council President Mike Stttes will present the next award. Mike Stites: Our most prestigious award of the evening is the Mayor and City Council Community Partnership Award. This award giVes the City Council an opportunity to recognize a company for their overall contributions to the City of Wheat RIdge. It incorporates criteria from all award categories as well as contributions m volunteerism, leadershIp, and commulllty mvestment/involvement. ThIS year's winner is Zarlengo Raub at 7100 W. 44th Avenue. Zarlengo Raub is a hIghly regarded, locally owned accounting firm offenng services m the areas of tax, audit, business valuations, financial reporting, and estate planning. Zarlengo Raub has been located in Wheat Ridge for 22 years and boasts a staff of 28 making them one of the largest CPA firms in Jefferson County. In additIOn to CPA's, the firm has a certified valuation analyst and a certIfied financial planner on staff. The Company works at giving back to the community in a number of ways. It is a member of the Wheat RIdge 2020 Budget CommIttee, the City's Treasurer Advisory CommIttee, the Enterprise Wheat Ridge busmess group, the West Chamber of Commerce, and the Jefferson County Athletic Advisory Boards. They also provide services for the CIty of Wheat RIdge, Wheat RIdge SanitatIOn and Water DIstricts, and Enterprise Wheat RIdge. In addition, the owner/partner of Zarlengo Raub serves as the current volunteer Deputy Chief of the Wheat Ridge Fire Department and has been a volunteer with them for 13 years. They partIcipate in city events including the carnation festival, Bike to Work Day, and support local chantable causes mcluding an annual book dnve for the schools and "adopt a famIly" holiday programs. Zarlengo Raub has continued to grow their company. In 2005, they mcreased theIr net mcome, grew theIr customer base by 19% and increased employment by 8%. For all these efforts, we salute Zarlengo Raub by gIving the company the Mayor and City Council's Community PartnershIp Award. Here to accept the award on behalf of Zarlengo Raub are Carol Wilson and Diane Newmeyer. (Pause for recipient comments and photo op.) Pause for group photo of all recipients and Mayor/Council Members. (Mayor) On behalf of the City of Wheat Ridge, I want to congratulate all of this year's award recipIents and thank everyone who particIpated through nominating a busmess and selectmg the recipients. Many nominations were received making the selectIOn process difficult. It is CounCIl's and my intent to honor all of the business nominees and recipients dunng our annual Business AppreciatIon Luncheon on Friday, August 4 at the Recreation Center. I encourage all of you to RSVP for this event if you have not done so already. It IS the one time the City can personally say "thank you" to each of our busmesses. If you need information, call Barbara Delgadillo of our City Manager's/Economic Development office at 303-235-2806. Recess for reception to honor the recipients. ITEM NO: , , REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 24, 2006 TITLE: COUNCIL BILL NO. 16-2006, AN ORDINANCE PROVIDING FOR APPROVAL OF A ZONE CHANGE FROM AGRICULTURE ONE (A-I) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROV AL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 5220 QUAIL STREET (CASE NO. WZ- 06-02fWILSON) IZJ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' July 10,2006) IZJ ORDINANCES FOR 2ND READING Quasi-JudicIal: C8J ~~ o No Clt~1 - Commumty Development Director EXECUTIVE SUMMARY: Wilson CommunIty Development is requesting a rezoning from Agriculture One (A-I) to Planned ResIdential Development (PRD) for the property located at 5220 Quail Street. The subject parcel is 278,650 square feet m size (6,39 acres), The current zonmg desIgnatIon allows one smgle family resIdence, ancillary agricultural uses and a limited range of non-resIdential uses. The sIte currently contains an existmg smgle family structure. An Outline Development Plan has been submitted which will establish allowable uses and development standards. The PRD zoning would allow 25 single family resIdential lots, rangmg m size from approximately 7,400 square feet to approxImately 10,500 square feet m size. The denSIty would be approximately 3 9 dwelling umts per acre, This request relates to City Council goals of the City being prepared for growth and opportunities and better quality housmg stock, speCIfically, upgraded and more modem homes, Planning CormmsslOn heard the request on July 6, 2006, Plannmg CommiSSIOn recommended approval of the rezoning with one condition, Staff and the applIcant agree to the condItion, COMMISSIONIBOARD RECOMMENDATION: Planning Comrlllssion heard the request on July 6, 2006. Plannmg COmnllSSIOn recommended approval for the followmg reasons: 1. A change m character has recently occurred m the area, Adjacent propertIes have been rezoned and developed with single-family residential homes. A large retail center has been constructed wIthin Yz mile of the subject property A proposed lIght rail line will be located Just south of Ridge Road, These changes create a favorable climate for additional residences. 2, The change m zone is compatible with the new development to the east and the proposed Arvada Comprehensive Plan update directly to the west. 3. Adequate infrastructure will be constructed as a result of development. Two existing roads will be widened and Improved, and two new streets will be constructed, SIdewalks will be constructed adjacent to the new public streets to serve the neighborhood, These additIOns and alterations will improve the vehIcular and pedestrian traffic m the area. 4, The change in zone will not adversely affect the public health, safety or welfare, nor will it create an Isolated or spot zone dIstrict. 5. The change in zone will be m conformance WIth several goals of the ComprehensIve Plan, speCIfically prOVIding quality aesthetIcally pleasmg housing, providmg a variety of housing and development that is a contribution to and compatible WIth the surroundmg neighborhood, With the following conditIOn, 1, The note on the ODP m Character of Development shall be amended to read: Accessory structures larger than 120 square feet in area shall be constructed of materials and painted in a manner similar to and compatible with the primary structure, STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: Do not approve the rezomng request and Outline Development Plan. FINANCIAL IMP ACT: The City has receIved a one-tIme applicatIOn fee for the land use application, The CIty would receive additIonal fees for processing the Final Development Plan and Final Plat. Buildmg permit fees and use taxes will be collected during construction, Cash m lieu of park land dedIcatIOn wIll also be collected at the tIme ofbmldmg permIt. After these one tIme fees are collected, property taxes will be collected on each property. Generally, the cost of providmg services to residential development IS greater than the property taxes collected, RECOMMENDED MOTIONS: "1 move to approve Council Bill No.16-2006 case number WZ-06-02, a request for a rezoning from Agnculture One to Planned Residential Development includmg an Outline Development Plan for property located at 5220 Quail Street for the following reasons, I A change in character has recently occurred in the area. Adjacent properties have been rezoned and developed with single-family reSIdential homes, A large retail center has been constructed within Yz mile of the subj ect property. A proposed light rail line will be located just south of Ridge Road. These changes create a favorable climate for additional reSIdences, 2, The change in zone is compatible with the new development to the east and the proposed Arvada Comprehensive Plan update dIrectly to the west. 3, Adequate mfrastructure will be constructed as a result of development. Two eXIsting roads will be widened and improved, and two new streets will be constructed. SIdewalks will be constructed adjacent to the new public streets to serve the neIghborhood. These addItions and alterations WIll improve the velucular and pedestrian traffic in the area, 4 The change in zone will not adversely affect the publIc health, safety or welfare, nor will it create an isolated or spot zone distnct. 5, The change m zone will be in conformance WIth several goals of the Comprehensive Plan, specifically provIdmg quality aesthetically pleasing housing, providmg a variety of housing and development that IS a contribution to,and compatible with the surrounding neighborhood, With the followmg condItlOn: 1. The note on the ODP in Character of Development shall be amended to read, Accessory structures larger than 120 square feet in area shall be constructed of materials and painted in a manner similar to and compatible with the primary structure," OR: "1 move to deny Council Bill No.16-2006 case number WZ-06-02, a request for a rezomng from Agriculture One to Planned Residential Development includmg an Outlme Development Plan for property located at 5220 QuaIl Street for the followmg reasons. I Report Prepared by: Travis Crane RevIewed by: Alan WhIte Attachments: 1. Planning COIllIlllssion Staff Report (wIth exhibits) 2, Council Bill No 16-2006 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' Planning CommiSSIOn CASE MANAGER. Travis Crane CASE NO. & NAME WZ-06-02/Wilson DATE OF MEETING July 6. 2006 ACTION REQUESTED' A request for a rezoning from Agnculture One (A-I) to Planned Residential Development (PRD), including an Outline Development Plan. LOCATION OF REQUEST 5220 Quail Street APPLICANT (S): Steve Wilson OWNER (S): Charles and Jill Richardson APPROXIMATE AREA, 278,650 sq. ft, (6,39 ac) PRESENT ZONING Agnculture One (A-I) COMPREHENSIVE PLAN DESIGNATION' Agriculture Estate Residential (AER) ENTER INTO RECORD: (X) (X) ( ) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULATIONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Subject Property J+ L Low DensilwRnldenlial Arvada \'~ " / '", Location Map -y j/- ; ; llghlllldustll.lt Arvad. ; I I All notification and postmg requirements have been met; therefore, there is junsdlctlon to hear this case, Planning Conunission WZ-06-02/Wilson ATTACHMENT 1 I. REQUEST The apphcant IS requestmg a rezoning from Agriculture One to Planned Residential Development (Exhibit 1, Letter of Request), An associated Outlme Development Plan IS mcluded with the request. The current Agnculture One zoning designatIOn allows single family residential with associated agncultural uses, The property contams an eXisting single family reSidence, whIch ultimately would be removed, The applicant has receIVed proper consent from the property owners to pursue this application, An Outlme Development Plan will rezone the property and set development standards. The apphcant wishes to rezone the property to allow approximately 25 smgle family dwellmg umts, The propeliy IS bounded by Quat! Street to the west and Ridge Road to the south. The property slopes from northwest to southeast and IS 6,3 acres m Size, II. OUTLINE DEVELOPMENT PLAN The Outlme Development Plan (ODP) Will set all allowed uses and development standards for the property (Exhibit 2, ODP), The ODP also contams a conceptual layout of the property which includes street ahgnment and general property dIVISIOns, Allowed Uses The subject property tS currently zoned Agriculture One (A-I) The A-I zone distnct allows sIngle famIly reSidential and assoctated agncultural uses. AdditIOnally, churches, day care centers, bed and breakfasts, schools and golf courses are hsted as speCial uses In the A-I dlstnct. The appltcant has proposed that only smgle family reSidential and home occupatIOns as defined m the Code shall be allowed uses for thiS property Comprehensive Plan The Comprehensive Plan Future Land Use Map designation for thiS property is Agnculture Estate ReSidential (AER) The ComprehenSive Plan states that AER areas are to consist of neighborhoods with very low denSity housmg and a predommately rural character. The ComprehenSive Plan lists the destred attributes of the AER areas as, . Well maIntained dwellIngs . Lots compnsed pnmanly of open lands . Domesticated farm or ranch ammals permitted . Accessory structures that assist in the production of value-added agricultural products . Allowed pnvatc and unpaved roads . Not to exceed 1 dwellmg umt per acre These attributes clearly indicate that more rural, agnculturally onented, low denSity development IS envISioned in the AER deSignated areas, The A-I zomng and AER designation, while appropnate at one time, are historic legaCies and are not consistent WIth current growth and development pattcrn m the area, When the Future Land Use map was created, all properties m the City which were zoned A-I were given the AER designation, This did not give much conSideration to long term plannmg, As a result, the ComprehenSive Plan envlSloned every property that was zoned A-I to remam an agneultural property In reality, these parcels are generally larger, mostly vacant properties which are attractive for redevelopment. Planning Conmlission WZ-06-02/W ilson 2 While not entirely consIstent with the comprehensIve plan future land use designation, the proposed use and density would be consIstent wIth conditIOns m sUlToundmg areas, Large propertIes to the east have recently been rezoned and developed as smgle- famIly resIdential subdIvIsIOns, These new developments (Skylme Estates filmg number 2 m Arvada and filmg number 3 m Wheat RIdge) contain subdIvIded lots of approxImately 9,000 square feet m SIze, A large retaIl development has recently been constructed at RIdge Road and Klplmg Street, approxImately Y, mile away from the subject property, As a result of the FasTracks project, a new I1ght raillme IS bemg planned In thIS area. The mltlal studIes mdlcate that the Gold Lme Will be just south of Ridge Road, extendmg through Wheat RIdge termmating around Ward Road, These new subdIvisions and retail development, coupled wIth the mtroductIOn of I1ght rail m the near future, clearly mdlcate that a change m character IS occurring m thIS area, The ComprehensIve Plan also mdlcates the followmg goals, · ProvIde qual1ty, aesthetically-pleasing housmg chOIces that are convement to needed services and amemties, · The City of Wheat Ridge shall stnve to be a commumty that provides a vanety of resIdential unItS - both m terms ofpnce and type ofumt - allowmg households WIth dIfferent mcomes and needs to I1ve m Wheat Ridge, · New development or redevelopment shall be so deSIgned as to be a positIve contribution to the entire commumty and compatible wIth sUlToundmg uses, The proposed rezonmg IS consistent WIth all of these goals, The ODP contams strong archItectural controls willcn wtll regulate the type ofhousmg constructed, The housmg WIll be simIlar m nature to the sUlToundmg smgle family residential to the east. The proposed development will be m character With the sUlToundmg area, Density The ODP IS proposmg a total of25 residential lots, The property IS 6.39 acres m Size, ThIS would equate to 3,9 resIdential umts per acre, Landscaping The ODP sets the mmlmum amount oflandscapmg for each proposed lot at 25%, All front, Side or rear yard adjacent to open space or nght-of-way shall be 100% landscaped, The areas Itsted as tracts on the ODP WIll be 100% landscaped and mamtamed by the homeowner's associatIOn, All other landscapmg wIll conform to SectIOn 26-502 of the Wheat RIdge Code of Laws. The amount of reqUIred landscapmg for each lot IS consIstent WIth the landscapmg requuements for resIdential zone dlstncts Itsted m the Chapter 26 Minimum Lot Size/Width The ODP speCIfies that the mmlmum lot sIze shall be 6,250 square feet m SIze, The mmlmum lot width shall be 25 feet at the frontage (the front property Ime) and 40 feet at the front setback Ime Even though these mmlmum lot WIdths are comparatively low, the conceptual SItC plan shows that each lot IS at least 60 feet wHle at the street frontagc Building Coverage A maximum floor area ratio of 45 IS proposed on the ODP Floor area ratio IS the total amount of square footage allowed related to the SIze of the lot. By example, a 7,400 square foot lot Planning COnmllSSlOn 3 WZ-06-02/Wilson would permit a house with a maximum of 3,321 square feet. This can be the total footprint of a one-story house or a footpnnt of 1,660,5 square feet for a two-story house, This maXimum floor area ratlO does not mclude the square footage of any accessory structures. Accessory structures are allowed to a maximum size of 600 square feet. Parking The aDP specifies that parkmg shall be m conformance with Section 26-501 of the Code of Laws, The Code reqUlres 2 parkmg spaces for residential structures where on-street parkmg IS allowed, and 4 parkmg spaces where there IS no on-street parkmg, Building Height/Setbacks The maximum buildmg height is bemg established at 35 feet for residential dwellmgs, Accessory structures may be a maximum height of 15 feet. These are consistent With the maximum allowed heights established m the Code for residenttal zone dlstncts, The mmlmum setbacks estabhshed on the aDP are as follows, 20 feet for the front yard, 5 feet for the Side yard and 20 feet for the rear yard, Each adjacent lot must stagger the front yard setback by at least 2,5 feet to aVOId a Imear development pattern, ThiS will create front yard setbacks of20 feet, 22.5 feet and 2S feet. Any structure located m a Side yard which IS adjacent to nght-of-way will reqUlre a 10 foot setback, Accessory structures (detached garages and sheds) must also meet mmlmum setbacks, Accessory structures are not allowed in the front yard. Accessory structures must be at least 2 feet from any Side or rear property hne, provided that the structure IS less than 8 feet tall at the setback hne. If the accessory structure IS between 8 and 15 feet m height, a 5 foot setback 1S reqUlred, If the accessory structure IS adjacent to nght-of-way m the Side or rear yard, a ten- foot setback IS reqUlred, The reqUIred setbacks have been established on the aDP to allow flexibilIty and greater diverSity, The Code speCifies that resldenttal zone dlstncts shall have a mimmum 30 foot front yard setback, and s1de and rear yard setbacks are between 5 feet and 1 S feet, dependmg on zone dlstnct. Architecture The aDP mcludes architectural standards for the structures, The front elevatIOn shall have at least 50% stone or bnck, With a four-foot return on each Side, Any resldenttal structure adjacent to open space or structures on comer lots shall have a four-foot return on each SIde, a mlmmum of two wmdows, tnm enhancements, a vanation m matenals and pnvacy fence Identical house models may not be located on adjacent lots or across the street. Garage dommant models may not be located on adjacent lots. The Fmal Development Plan will contam typical elevattons of the house models, Any accessory structure In excess of 120 square feet must be Similar m nature to the pnmary structure. Fencing The aDP refers to SectlOn 26-603 of the Code of Laws for penmeter fence rcgulatlOns. Site Plan Planning Commission WZ-06-02/Wilson 4 Page two of the ODP shows a conceptual sIte layout. The lots are between 7,400 square feet and 8,200 square feet m SIze, One lot IS shown at approxImately 10,500 square feet. These lot SIzes are approximates, and because this rezonmg does not mc1ude a subdivIsion plat, the lot sizes may change shghtly There are two tracts of land shown directly north of RIdge Road which will be used for detentIOn, These tracts will be mamtamed by the homeowner's aSSocIatIOn, The property will be served by two new public streets, One street will be located on the very north end of the subject property connectmg to Quail Street. The second street will be parallel to and east of Quail Street, mtersectmg wIth the east/west street. These streets are labeled Street "A" and Street "Boo respectively. These streets will be named at the Final Development Plan stage, Street "A" IS shown as being 25 feet wide, Chapter 26 states that any street proposed on the boundary of a development may be 25 feet wide, or half the 'normal' nght-of-way wIdth of 50 feet. If the property to the north of the subject parcel were to redevelop, the other half of the street would be constructed, Street "BOO IS shown with a total nght-of-way width of 46 feet. Even though the Code reqUIres a mmImum nght-of-way width of 50 feet for neighborhood streets, the ability eXists to reduce the nght-of-way wIdth to 40 feet WIth a vanance request. The vanance request Will be mcluded WIth the final plat. The 46-foot Width Will accommodate two through lanes and parkmg on each Side of the street. Street nght-of-way will be exammed further when a final subdIvIsIOn plat is submitted and revIewed. III. CRITERIA Staff has the followmg comments regardmg the cntena used to evaluate a change m zone 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The eXlstmg zone claSSificatIOn on the official zomng map is not 11l error The property currently has Agnculture One zonmg, 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There has been a recent change m character of the area. While this area of the CIty has hlstoncally been zoned and used either agnculturally or mdustnally, much of the surroundmg land has been redeveloped as smgle famIly reSidentIal propertIes The property dIrectly to the east (Skylme Estates filing number 2 m Arvada) has been rezoned and developed as smgle fmmly reSidentIal wIthm the past five years, The property to the east of that (Skylme Estates filmg number 3 m Wheat RIdge) was rezoned and developed as smgle family reSIdentIal m 2003 The property directly to the west ofthe subject parcells located In Arvada and currently zoned mdustnal, but the City of Arvada IS m the process of amendmg theIr ComprehenSive Plan to deSignate the property as medIUm denSity reSidentIal. Planning Commission WZ-06-02!Wilson 5 In addItion, the RTD Gold Lme IS expected to locate Just south ofR1dge Road. The current proJectlOn shows a lIght rail stop at Kiplmg Street and one at Ward Road, ThIS property IS located m between each ofthese lIght rail stops, makmg It an attractIve property for reSIdentlal development. The proposed rezomng wIll be m character wIth the surroundmg neIghborhood, 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area. The Future Land Use map m the Comprehensive Plan desIgnates thIS property as Agnculture Estate ResIdentIal. The proposed rezomng IS for resIdential dwellmgs, which IS consistent with the AER designatlOn, however the proposed densIty will be much more than one dwellmg per acre, While not consIstent wIth thIS future land use desIgnatIon, the rezonmg WIll be compatible wIth surroundmg areas, The change m zone will be in conformance wIth several goals of the Comprehensive Plan, specIfically provldmg qualIty aesthetically pleasmg housmg, providmg a vanety ofhousmg and development that IS a contributlOn to and compatible wIth the surrounding neighborhood, 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The request IS for a rezomng to PRD, To the east ofthe subject parcells an abundance of resIdential propertIes, The surroundmg residential propertIes are located wlthm the CIty of Arvada and the CIty of Wheat RIdge The development on these propertIes IS extremely sImIlar m nature, The ODP contams archItectural and development standards SImIlar to these surroundmg developments, ThIS slmilanty will create cohesion between the properties. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. ThiS proposed zone change should create a benefit to the commumty The proposed zone change will allow 25 new smgle family homes, The change of zone will provIde more qualIty housing for eXlstmg and future resIdents, Two new streets WIll be constructed to serve thIS development, and two eXIsting streets will be WIdened and Improved as a result of development. Quatl Street currently eXIsts as a SIxteen foot WIde dirt road. The developer Will be responsible for wldemng and pavmg QUail Street for the extent ofroadway adjacent to the property. New SIdewalks Will be mstalled adjacent to the streets, 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All respondmg agencies are able to serve the property, and the developer will mcur the cost and mamtenance of any Improvements. Two new streets Will be constructed WIth the development of this property New curb, gutter and SIdewalks will also be constructed, 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. Planning Commission WZ.06-02/Wilson 6 The change III zone will not affect publIc health, safety or welfare m the area, Traffic wIll mcrease from eXIstmg conditIOns, however, the amount of traffic generated by the smgle family resIdences will not overburden the roadway system. The eventual developer will be constructmg two new streets to serve thIS development, and Ridge Road and QuaIl Street will be Improved as well. All site generated dramage will be accommodated WIth onsite detentIon faCIlItIes, ThIs change of zone will not reduce au or lIght to adjacent properties. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. ThIs change of zone will not create an Isolated zone dIstnct. The proposed rezomng and future development will be extremely SImilar to the smgle family development which IS duectly to the east m Arvada, Further east IS another smgle famIly development. All of these developments have Similar archItectural controls and will have Similar housmg styles, chOIces and layouts, IV. AGENCY REFERRAL All respondmg agenCIes have mdIcated that they can serve the property, and the applicant will bear the cost of upgrading any service to the property Because the request IS for a rezomng, a final dram age report was not reqUIred. Dramage will be exammed In further detaIl at the Final Development Plan stage V. NEIGHBORHOOD MEETING The reqUIred neIghborhood meetIng was held on March 15,2006. There were five attendees at the neIghborhood meetlllg, General questIons ranged from roadway Improvements proposed to the effect on wells m the area, There was a large amount of discussion regardmg the proposed densIty Some of the attendees felt that there would be too many lots created and one- or two- acre lots would be more appropnate A meetlllg SynOpSIS has been mcluded as Exhibit 3 VI. STAFF CONCLUSION & RECOMMENDED MOTION(S): Staff concludes that the rezomng IS compatible WIth surroundmg uses, and that the eventual development of the property should be an improvement over the eXIstlllg condItIOns, The area has been steadily evolvmg from large agricultural lots to smaller SIngle-famIly lots, MultIple rezonlllgs have occurred m the area, whIch allowed the development of more slllgle-famIly reSIdentIal homes, The constructIon of a large format retaIler and the mtroductIOn of lIght raIl m the area Will foster more growth and change m the area, The rezomng conforms to goals lIsted in the ComprehenSive Plan, Adequate mfrastructure wIll be constructed to accommodate the development. REZONING AND OUTLINE DEVELOPMENT PLAN OPTION A, "I move to recommend APPROY AL of Case No WZ-06-02, a request for approval of a rezomng from Agnculture One to Planned ResIdentlal Development, and an Outlllle Development Plan for property located at 5220 Quail Street, for the followmg reasons 1 A change m character has recently occurred m the area, Adjacent propertIes have been rezoned and developed with smgle-family reSIdentIal homes. A large retail center has been constructed WIthIn Yz mIle of the subject property A 7 Planning Commission WZ-06-02,'Wilson proposed lIght raIllme will be located Just south of RIdge Road, These changes create a favorable climate for additional resIdences, 2. The change m zone IS compatible wIth the new development to the east and the proposed Arvada Comprehensive Plan update dlIectly to the west. 3 Adequate mfrastructure will be constructed as a result of development. Two eXIstmg roads will be wIdened and Improved, and two new streets wIll be constructed. SIdewalks will be constructed adjacent to the new publIc streets to serve the neIghborhood, These addltlons and alteratIOns wlll1mprove the vehIcular and pedestnan traffic m the area. 4. The change m zone will not adversely affect the publIc health, safety or welfare, nor will It create an Isolated or spot zone dlstnct. 5, The change m zone will be in conformance wIth several goals ofthe ComprehensIve Plan, specifically provldmg qualIty aesthetlcally pleasmg housing, provIding a vanety ofhousmg and development that IS a contributIOn to and compatible wIth the sUIToundmg neIghborhood," With the followmg condltlon, I The note on the ODP in Character of Development shall be amended to read: Accessory structures larger than 120 square feet in area shall be constructed of materials and painted in a manner similar to and compatible with the primary structure. OPTION B, "I move to recommend DENIAL of Case No WZ-06-02, a request for approval of a rezomng from Agriculture One to Planned ReSIdential Development, and an Outlme Development Plan for property located at 5220 Quail Street, for the followmg reasons, 1. Planning Commission WZ-06-02/Wilson 8 WILSON " , COMMUNITY DEVELOPMENT April 10, 2006 Mr. Travis Crane City of Wheat Ridge Re: Quail Ridge Application for Rezoning, Subdivision Dear Travis, With this letter we request the review and approval to rezone approximately 6.4 acres from Agriculture to PUD-Residential to permit the development of a subdivision of single-family detached homes. Design! Architecture: Quail Ridge subdivision is intended to present the opportunity for a builder or builders to construct quality smgle-farnily homes in the $300,000-$400,000 price range. Lot sizes will range from a minimum of 6000 sq, ft. to 8000 sq ft. To insure the quality of this new community, it is our intent to apply to Quail Ridge the same architectural standards applied to the Wheat Ridge portion of Skyline Estates. Transportation: A letter from our Traffic Engineer has been included as requested. Approval of the subdivision will necessitate the widening of both Quail Street and Ridge Road. The new homes in Quail Ridge will gain direct access to both an improved Quail Street and a yet rnmamed local street parallel to and east of Quail. . We have proposed that the east-west lane connecting Quail with the future local street be approved WIth a ROW lesser than 50'. Under the current desIgn, we do not anticipate the need for parkmg on both SIdes of this street and a lesser street section would be appropriate, Sm1ilarly, We would like the City to also consider permitting the ROW of Quail Street, and street section to be narrower than the standard 50' Tlus reduction in Width would be accomplished by not constructing a parkIng lane on the west side of Quail. If the developer of the property to the west of Quail Street (m Arvada) deslfes to permlt parking on Quail, that developer can expand the street at that time. Current plans anticipate that Quail will remam a 'dead-end' street. North of Quail Ridge are only four eXisting additional residences utihzmg Quall Street for access, It IS also unlikely that the approximately 8 acres of property (total) to the north of our property adjacent to Quail would be redeveloped mto anything other than a relatively low-density development. The development of the property ill Arvada to the west of Quail is not dependent on Quail Street for access. Therefore expandmg Quail to full wldth lS not only of questionable faJrness, it mcreases the amount of hard surface m this eommuruty and decreases the amount of property dedIcated to residential lots and landscaping. Drainage A letter from our Dramage Engineer lS included. We anticipate that QUall RIdge will have Ill1lllIllal effect on lustonc drainage patterns ill this area, We antIcipate the EXHIBIT 1 construction of an on-site detention pond at the southern portion of our property, adjacent to Ridge Road, to control most releases at historic levels. The current letter explains that the anticipated outfall of our detention pond would be located at the northern gutter of an improved Ridge Road in front of our property, then flowing east to utilize eXisting roadside ditch on the north Side of Ridge road before entering the drainage ditch within the Skyline Estates development. We are continuing to analyze the drainage/detention situation and will advise of any proposed changes to this proposal. Water And Sewer: The existing residence on this property is currently served by a well and septic system. We anticipate extending both public water and sewer service to this property from their current termination points in the Skyline Estates subdivision. Processing: We are submitting this ODP application to allow the City to begin the initial review process as soon as possible. Once we have a better understanding of the response to our submittal we will begin working on the Final Plat and Construction Documents, Thank you for your assistance in meeting City requirements. Please contact me if you have any questions or need additional information. Sincerely, ~ Steve Wilson City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. 7500 West 291h Avenue Wheat RIdge, Colorado 80215 City of Wheat Ridge Telephone (303)235-2846 Fax (303)235-2857 Date: 15 March 2006 City Staff Present: Travis Crane Location of Meeting: Mumclpal Building, 2nd floor conference room Property Address: 5220 Quad St. Property Owner Charles & Jill Richardson Property Owner Present? No Applicant: Steve Wilson Existing Zoning: Agnculture One (A-I) Comp Plan Designation: Agnculture Estate ResldentJal (AER) Existing use/site conditions: Smgle family house on approxlmately 6 acres Applicant proposal: Would like to apply for a rezomng to Planned ResldentJal Development (inc1udmg an outline development plan), The rezomng would accommodate development of approximately 25 smgle- family homes, Two new streets would be constructed to serve the development, Issues discussed: There were five neighbors m attendance, A questlOn was asked about the property values in the nelghborhood; speclfically what would happen to property values lf the rezonmg were approved, A few nelghbors expressed concern over the number of new houses, A comment was made that this wlll contmue the trend of development that has occurred to the east. Some felt that elther one- or two-acre lots would be more appropnate, There was some concern m regard to the eXlstmg wells III the neighborhood, speclfically, lfthe level of water would drop A few follow up questlOns were asked regardmg dram age and utlhty servlce to the prop ertles , A nelghbor suggested that the east-west street should be located on the northern property lme to create a buffer Finally, a questlOn was asked about the wldenmg of Rtdge Road. EXHIBIT 3 INTRODUCED BY COUNCIL MEMBER ROTOLA Council Bill No. 16-2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE PROVIDING FOR THE APPROV AL OF REZONING FROM AGRICULTURE ONE (A-I) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) FOR PROPERTY LOCATED AT 5220 QUAIL STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section I. Upon applIcation by Wilson Commumty Development, approval of a rezoning In Wheat Ridge, Colorado, Case No WZ-06-02, for property located at 5220 Quat! Street and based on a recommendatIOn from the Wheat Ridge Planmng ComnllsslOn and pursuant to the findlllgs made based on testimony and eVidence presented at a pubhc heanng before the Wheat Ridge CIty Council, Wheat Ridge maps are hereby amended to exclude from the Agnculture One Dlstnct and to lllclude In the Planned ResidentIal Development zone dlstnct the folloWlllg described land A PARCEL OF LAND LOCATED IN SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE GIll PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 WHENCE THE WEST QUARTER OF SAID SECTION 15 BEARS S 89 DEGREES 32' 45" W A DISTANCE OF 132963 FEET, THENCE N 89 DEGREES 32'45" E ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 16 A DISTANCE OF 15 00 FEET TO THE POINT OF BEGINNING, THENCE N 00 DEGREES 15'09" W ALONG A LINE 1500 FEET EAST AND PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, A DISTANCE OF 381.40 FEET, THENCE N 89 DEGREES 32'45" E A DISTANCE OF 44789 FEET, THENCE S 00 DEGREES 15'21" E A DISTANCE OF 56289 FEET TO A POINT ON THE NORTHERLY RIGHT -OF WAY LINE OF RIDGE ROAD RECORDED AT BOOK 184 PAGE 132 JEFFERSON COUNTY PUBLIC RECORDS ATTACHMENT 2 THENCE S 74 DEGREES 44'11" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DlST ANCE OF 463.62 FEET, THENCE N 00 DEGREES 16'33" W ALONG A LINE 1500 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 300 00 FEET TO THE POINT OF BEGINNING CONTAINING 278,650 SQ FT OR 6 397 ACRES MORE OR LESS, Section 2. Vested Property R1ghts. Approval of this rezomng does not create a vested property right. Vested property nghts may only anse and accrue pursuant to the provlSlons of SectIOn 26-121 of the Code of Laws of the City of Wheat Ridge, Section 3, Safety Clause, The City Council hereby finds, detenmnes, and declares that thiS ordmance 1S promulgated under the gcneral police power of the City of Wheat Ridge, that It IS promulgated for the health, safety, and welfare of the publtc and that thiS ordmance is necessary for the preservatIOn of health and safety and for the protection of public convemence and welfare, The City Counctl further detenmnes that the ordmance bears a ratIOnal relatIOn to the proper legislative object sought to be attamed, Section 4. Severablltty, If any clause, sentence, paragraph, or part of thiS Zomng Code or the appltcatIon thereof to any person or C1rcumstances shall for any reason be adjusted by a court of competent junsd1ction mvaltd, such judgment shall not affect applicatIOn to other persons or circumstances, Section 5. SupersessIOn Clause, If any proVISion, reqUIrement or standard establtshed by thIS Ordmance IS found to conflict With slmtlar prov1slOns, reqUirements or standards found elsewhere m the Code of Laws ofthe City of Wheat Ridge, wh1ch are m eXlstcnce as of the datc of adoption of thiS Ordmance, the provlSlons, reqUirements and standards herem shall supersede and prevail. Section 6. ThiS Ordmance shall take effect 15 days after final publtcatlOn, INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~to ~ on thIS loth day of July, 2006, ordered pubhshed in full m a newspaper of general Circulation m the City of Wheat R1dge and Pubhc Heanng and consideratIOn on final passage set for July 24th 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 'h readmg by a vote of _ to _, th1s24 day of July, 2006, SIGNED by the Mayor on this _ day of ,2006 ATTEST. Pamela Y Anderson, City Clerk ATTORNEY I st PublicatIOn: July 13, 2006 2nd PubhcatlOn, Wheat Ridge Transcnpt Effective Date' c: \plaoning\folll1s\ord. fnn JERRY DITULLIO, MAYOR APPROVED AS TO FORM BY CITY GERALD DAHL, CITY ATTORNEY ~)tYJt*v( 0 Kt1{IG +\(y(1\"(\ \t(~ I 11rz~ I D~' ~' QUAIL RIDGE CHARACTER OF DEVELOPMENT (Amended) Existing Language' "THE FRONT SETBACK SHALL V AR Y A MINIMUM OF 2.5 FEET SO THAT NO MORE THAN ONE-THIRD OF ANY STREET FRONTAGE SHALL HAVE HOMES WITH SETBACKS OF 20 FEET, 22.5 FEET, AND 25 FEET. NO THREE ADJACENT STRUCTURES SHALL HAVE THE SAME FRONT SETBACK." Proposed Amendment: "THE FRONT SETBACK SHALL VARY A MINIMUM OF 2.5 FEET SO THAT NO MORE THAN ONE-HALF THE LOTS ON ANY STREET FRONTAGE SHALL HAVE HOMES WITH SETBACKS OF 20 FEET OR LBSS. AT LEAST 25% OF THE HOMES SHALL HAVE SETBACKS OF 22.5 FEET OR 25 FEET RESPECTIVELY, NO MORE THAN THREE ADJACENT STRUCTURES SHALL HAVE THE SAME FRONT SETBACK." ITEM NO: {;2 I REQUEST FOR CITY COUNCIL ACTION ~ t::'<$~' n ~ COUNCIL MEETING DATE July 24,2006 TITLE: PUBLIC MEETING ON 2007 BUDGET D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date') D ORDINANCES FOR 2ND READING Quasi-Judicial: 0 Yes ~. -~, City Mana' ~ EXECUTIVE SUMMARY: City Staff is currently working on the 2007 Proposed Budget. The proposed budget is scheduled for submittal to City CounCil m 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 mput meeting IS intended to focus on 2007 citizen requests, comments or suggestions. The public meeting IS an informal opportumty for the public to provide input to the City Council on the City Budget. A first public meetmg was held on June 26, 2006, a pubhc heanng is scheduled for October 9, 2006 and adoptton of the budget IS scheduled for October 23,2006 This pubhc 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 mvolved in the pohcy development process and to stay mformed on City financial Issues, COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: In April, City Council reviewed the City's strategic plan which mcluded an update of the policy and management agenda, Staff uses the strategic plan as a guide in preparing 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 opportunities 3 Strong partnership between city, commumty and region 4 Better quality housing stock 5 Redevelopment of major corridors ALTERNATIVES 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 Commumty" 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 Gotl Deputy City Manager (303-235-2805) Attachments: 1. None ITEM NO: 3 , REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. July 24, 2006 TITLE: COUNCIL BILL 19-2006, AN ORDINANCE AMENDING SECTION 26-623 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING EXCA V A nON AND DEPOSIT CONTROL (CASE NO. ZOA 06-02) o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS [gJ ORDINANCES FOR 1ST READING (Date: July 24,2006) D ORDINANCES FOR 2ND READING Quasi-JudIcIal: D If. . Yes UC!- & Commumty Development DIrector [gJ No CI~ EXECUTIVE SUMMARY: SectIOn 26-623 of the Code of Laws addresses the reqUIrements for obtaming approval for excavatIOn and depOSItIon offill matenal. Major operatIOns, defined as mvolvmg more than 20,000 cubIc yards, reqUIre a speCial use. ThiS partIcular section was not amended when the speCIal use process was amended m 2003 and stIll refers to Planmng CommiSSIOn and CIty CounCIl heanngs, The changes in 2003 elImmated the Planmng CommIssion hearing and required the Council heanng only if there were objectIOns to the request; otherwIse the request could be approved admmlstratIvely The proposed ordmance elImmates thIS mconsistency by deletmg reference to the Plannmg CommISSIOn and CIty Council heanngs and SImply references SectIon 26-114 where the req11lrements and process for speclal uses are establIshed. Other references to "the City Councd" are changed to simply "the CIty" No other changes are involved, ThIs Item helps Implement the City's goal of prepanng for growth and opportumtles and havmg a clearly defined development process by elImmatmg mconslstencles m eXlstmg regulatIOns, COMMISSIONIBOARD RECOMMENDATION: Planmng CommISSIOn Will be heanng thIS ltem on July 20,2006 STATEMENT OF THE ISSUES: The mconslstency between the sectIOn on major excavatIOn and deposit control and the special use process causes confusIOn for applIcants and the publIc ThIs ordmance will make the regulatIOns consistent, thereby elImmatmg any confusIOn about the process to be followed, ALTERNATIVES CONSIDERED: Do not amend the sectIOn. FINANCIAL IMPACT: There is no finanCial Impact to the City by adopting this ordmance, RECOMMENDED MOTION: "I move to approve CounCil Bill 19-2006 on first readmg, order It publIshed, publIc heanng set for Monday, August 28, 2006 at 7'00 p,m, III City Council Chambers, and that It take effect 15 days after final publtcatIOn," Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1, Plannmg Commission Memorandum 2, Council Bill 19-2006 Request for City Council Action-report foml City of Wheat Ridge Community Development Department Memorandum TO: Planning CommlSSlOn FROM: Alan WhIte, Commurnty Development DIrector SUBJECT: Case NO, ZOA 06-02 DATE: July 12, 2006 ThIS Case IS o QuasI-Judicial 0" LegislatIve SectlOn 26-623 of the Code of Laws addresses the reqUIrements for obtammg approval for excavatlOn and deposItIon of fill matenal. Major operatlOns, defined as mvolvmg more than 20,000 cubIc yards, reqUIre a speCIal use, ThIs partIcular sectIon was not amended when the speCIal use process was amended m 2003 and stIll refers to Plannmg CommIssIon and City Council heanngs, The changes m 2003 elImmated the Plannmg CommiSSIOn heanng and reqUIred the CounCil heanng only Ifthere were obJectlOns to the request; otherwIse the request could be approved admllllstratIvely The proposed ordmance elImmates thiS mconslstency by deletmg reference to the Plannmg Commission and City Council heanngs and Simply references Section 26-114 where the requirements and process for speCIal uses are establIshed, Other references to "the City CouncIl" are changed to Simply "the CIty." No other changes are mvolved, SUGGESTEED MOTION: "I move to recommend approval of Case No ZOA 06-02 concemmg excavatIon and deposIt control." ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No, 19-2006 Ordinance No, Series of 2006 TITLE' AN ORDINANCE AMENDING SECTION 26-623 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING EXCAVATION AND DEPOSIT CONTROL WHEREAS, the City Council of the City of Wheat Ridge is authorized pursuant to Article XX of the Colorado Constitution, the Wheat Ridge Home Rule Charter and Section 31-23-101, et seq, of the Colorado Revised Statutes to adopt and amend from time to time regulations concerning the control of land development; and WHEREAS, the scope of such regulations includes excavation and deposit control, and WHEREAS, the Wheat Ridge City Council has previously exercised this authority by the enactment of Wheat Ridge Code of Laws Section 26-623; and WHEREAS, the City Council has provided in Wheat Ridge Code of Laws Section 26-114, a procedure for a review of uses classified as "special uses;" and WHEREAS, major land fill and excavation control operations, as defined by Code Section 26-623,C are permitted as special uses, and WHEREAS, it is necessary to amend Code Section 26-623,C to bring the procedure for review of major landfill and excavation control operations as a special use within the uniform procedure for review of special uses set forth in Section 26-114 NOW, THEREFORE, BE IT ORDAINED by the Wheat Ridge City Council, that: Section 1 Code Section 26-623.C. Amended The introductory paragraph and subparagraph 7 of Section 26-623 C of the Code of Laws are amended to read as follows C Major landfill and excavation control operations. Dumping, landfill and/or extraction operations which exceed twenty thousand (20,000) cubic yards may be allowed in any zone district only by special use permit requiring public he:::lrings before the pbnning commissiBA :::lnd city council under section 26-114 Such deposit or extraction of earth, sand, gravel, rock, minerals, broken ATTACHMENT 2 concrete or broken asphalt or other similar resources, and/or storage thereof, are subject to the following conditions (In cases of isolated or unusual characteristics of the operation or the location thereof, partial waiver of these requirements may be made by the city council.) A special use permit may be issued for a period of time not to exceed one (1) year and may be renewed by city council upon written request: 1, Application. 7, The city council specifically reserves the right to approve, approve with conditions, or deny special use permits for major landfill and excavation control operations based upon evaluation of the proposal relative to the criteria for review set forth in section 26-114, Section 2. Severability; 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 3. Effective Date This ordinance shall take effect immediately upon final 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 ATTEST. Pam Anderson, City Clerk First Publication Second Publication: Wheat Ridge Transcript Effective Date day of ,2006, Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney ITEM NO: 4-, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE July 24, 2006 TITLE: COUNCIL BILL 20-2006, AN ORDINANCE AMENDING SECTIONS 26-204 AND 26-613 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE MASSAGE THERAPY (CASE NO. ZOA 06- 03) D PUBLIC HEARING D BIDS/MOTIONS D RESOl~UTIONS r:g] ORDINANCES FOR 1ST READING (Date' July 24,2006) D ORDINANCES FOR 2ND READING QuasI-Judicial: D Luit r:g] No Clty~ Commumty Development Director EXECUTIVE SUMMARY: City Council has recently adopted hcensmg reqmrements for massage therapy practices and centers, In Chapter 26 (Zomng and Development Code) massage therapy IS not hsted m the table of uses for commerCial zone dlstncts, The use has been mterpreted to be similar (in Impact, character, etc ) to "hair, nail, and cosmetic services," Adoption of new hcensmg reqmrements should be accompanied by mclusion ofthe use m Chapter 26 to ehmmate any confuSIOn about the use bemg allowed or not. The proposed changes to Chapter 26 do two thmgs 1) hst massage therapy and massage therapy centcrs m the use chart as permitted uses m all commerCial and mdustnal zone dlstncts, and 2) mclude massage therapy as a permItted home occupation. Both changes refer to Chapter 11 for addItional reqmrcments, ThiS Item helps Implement the CIty's goal of prepanng for growth and opportumttes by clearly defimng development standards which mcludes uses allowed m a particular zone dlstnct. COMMISSION/BOARD RECOMMENDATION: Planning COImmssIOn will be hearing this Item on July 20,2006, STATEMENT OF THE ISSUES: The massage therapy professIon has emerged as a valId form of alternatIve health care promoted by tradItIonal medIcal providers. Massage therapy profeSSIOnals are recogl11zed as caregIvers who contribute to the health and well-bemg of mdlviduals, Massage therapy IS recogl11zed as a legitimate business wIth formal education and professional orgal11ZatIOns sImilar to those for other professions, ThIS use needs to be mcluded m the list of uses m the commercial zone dIstncts to elrmmate confusIOn of whether it IS allowed or not. As a use m a commercIal zone dlstnct or as a home occupatIOn, the lIcensing reqUIrements recently adopted by Council WIll apply and the use chart dIrects readers to Article X of Chapter 11 for those addItIOnal reqUIrements, ALTERNATIVES CONSIDERED: 1 Do not allow the use m all commercial and mdustnal zone dlstncts. 2 Allow as a specIal use m certam zone dIStriCtS, 3, Do not allow as a home occupation, Massage therapy centers are appropnate uses m all commercIal and mdustnal zone distncts, Massage therapy IS an appropnate home occupation when IIml ted to one practitIOner. Makmg the uses a speCIal use would be burdensome and would serve no purpose whIch the newly adopted IIcensmg reqUIrements do not serve, FINANCIAL IMPACT: There IS no finanCIal Impact to the CIty by adopting thIS ordmance RECOMMENDED MOTION: "I move to approve CounCil Bl1120-2006 on first readmg, order It pubhshed, pubhc heanng set for Monday, August 28, 2006 at 7 '00 p,m, m CIty CounCil Chambers, and that It take effect 15 days after final pubhcatIOn " Report Prepared ny' Alan WhIte, Commumty Development DIrector ReViewed by" Attachments: 1 Planmng CommlssIOn Memorandum 2, Counctl Btll 20-2006 City of Wheat Ridge Community Development Department Memorandum TO: Planmng Commission FROM: Alan White, Commuruty Development DIrector SUBJECT: Case NO, ZOA 06-03 DATE: July 12, 2006 This Case IS o QuasI-Judicial 0" Legislative The City's current code concernmg massage parlors and massage therapy practice IS based on State statute which was wntten when massage was a novelty often associated with prostItutlOn. The massage therapy profession has smce emerged as a vahd form of alternative health care promoted by tradltlOna1 medical proViders, Massage therapy professlOnals are recognized as caregivers who contribute to the health and well-bemg of mdlvlduals, Massage therapy IS recognized as a legitimate busmess With formal educatlOn and professlOnal orgamzatlOns similar to those for other professlOns, Llcensmg requirements have been adopted recently by Council in a new Article X of Chapter 11 of the Code of Laws, In Chapter 26 massage therapy is not hsted m the table of uses for commercial zone distncts, The use has been interpreted to be Similar (m Impact, character, etc.) to "halr, nail, and cosmetIc services," Adoption of new hcensmg reqUIrements should be accompamed by mcluslOn m Chapter 26 to ehmmate any confuslOn about the use bemg allowed or not. The proposed changes to Chapter 26 do two thmgs 1) hst massage therapy and massage therapy centers m the use chart for commercial zone dlstncts, and 2) mclude massage therapy as a perrmtted home occupatIon, Both changes refer to Chapter 11 for additIonal reqUIrements, SUGGESTEED MOTION: "I move to recommend approval of Case No. ZOA 06-03 concemmg the practIce of massage therapy" ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No 20-2006 Ordinance No. Series of 2006 TITLE AN ORDINANCE AMENDING SECTIONS 26-204 AND 26-613 OF THE CODE OF LAWS TO INCLUDE MASSAGE THERAPY WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution, C R.S 31-23-101 et seq , and the City's Home Rule Charter to regulate the use of land, and WHEREAS, such authority extends to the regulation of uses in the various zoning districts of the City; and WHEREAS, the Council has amended Chapter 11, Article X of the City's Code of Laws governing the practice of massage therapy; and WHEREAS, it is necessary to amend the City's zoning regulations to permit the practice of massage therapy in zone districts of the City under the restrictions of Chapter 11, Article X, Section 1. Code Section 26-204 amended, Section 26-204 of the Code of Laws is amended by the addition of the following new line items in the Table of Uses for Commercial and Industrial Districts: Table of Uses -Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Massage therapist See Chapter 11. Article 10 Code P P P P P of Laws for additional restrictions Massage therapy center See Chapter 11, Article 10 Code P P P P P of Laws for additional restrictions Section 2. Code Section 26.613 amended. Subsection 26-613.A.11 of the Code of Laws Section 26-613 is hereby amended by re-numbering subparagraph "I" as "m" and by inserting new subparagraph "I," to read as follows ATTACHMENT 2 Massage therapist, restricted to one practitioner, subject to the restrictions of Chapter11 , Article X of the Code of Laws 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 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 , 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 Pam Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication Second Publication: Wheat Ridge Transcript Effective Date' ITEM NO' 5' I REQUEST FOR CITY COUNCIL ACTION ~~ '{\ ,t,,' r<l COUNCIL MEETING DATE, July 24, 2006 TITLE: AWARD OF PURCHASE FOR PLAYGROUND EQUIPMENT AT LOUISE TURNER PARK IN THE AMOUNT OF $34,883.00 o PUBLIC HEARING [8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes [8J No . City~ EXECUTIVE SUMMARY: The playground equipment located In LOUIse Turner Park, 38th and Parfet Street, IS in need of replacement. The playground equipment will be updated to reflect current trends in play structures, such as a rock challenge wall and accordion chmber. The fall surface and ADA accessibihty will also be installed as part of the project. ThiS park and playground equipment is heavily used by residents in the area, Park and Playground Equipment are available through the U S, Communities Cooperative Bids; therefore, purchase of this equipment does not require a formal bid process. Little Tikes commercial products and systems are purchased through Recreation Plus, Ltd, of Golden, Colorado Total price is $34,883.00 which includes all product, delIvery, demolition and removal of eXIsting eqUipment, materials, and installatIOn. The Parks division has previously worked with Recreation Plus, Ltd. and staff recommends this award, This bid award meets GOAL 7. More Leisure Amenities for Families, Objective 4 Improved Quality of Parks: Amenities, Maintenance Level and Safety COMMISSION/BOARD RECOMMENDA nON: N/A STATEMENT OF THE ISSUES: The playground equipment has been inspected on a regular basIs following the gUIdelines of the CPSC (Consumer Product Safety Commission). Staff recommends replacement due to the high level of use , age of the eqUIpment (1988) and current frequency of the maintenance requirements, AL TERNA TIVES CONSIDERED: To not award the contract for the replacement of the playground, FINANCIAL IMP ACT: The cost for the playground replacement ($34,883 00) is appropriated III Fund 54 - Conservation Trust Fund, Maintenance Projects. RECOMMENDED MOTION: "I move to award the purchase of new playground equipment for Louise Turner Park to RecreatIon Plus, Ltd, of Golden, Colorado in the total amount of $34,883.00 to be charged to account 54-601- 800-877," or, "I move to deny award of the purchase of new playground equipment for Louise Turner Parke for the following reason( s) " Report Prepared by' ReViewed by: Joyce Manwaring, Director Linda Trimble, Purchasing Agent Attachments: I. Proposal by Little Tykes Inc, (Dated June 15, 2006) 060724 CAF Louise Turner PJayground.doe RECREATION PLUS, LTD. . Proposal/Order Form Little Tikes Commercial Play Systems c/o Recreation Plus, Ud, 15209 West Ellsworth Drive, Golden, CO 80401 Telephone: (303) 278.14551 (888) 278-1455 Fax: (303) 278.1606 Part # Custom City of Wheat Ridge 9110 W 44'" Ave Wheat Ridge, CO 80033 Art": Mark Ruote 303-205-7553 "''''''''-'''U,S, Communities Pricin uu ."""..... Q Oeseri tion 1 Kid Builders Play Structure 13% Discount 1 Demolition ofthe Existing Playground, Removal and disposal done by owner 1,662 Square Feet of Engineered Wood Fiber, Includes Freight and Installation Using 3" Layer of existing pea gravel. Removal of extra pea gravel done by owner Date: Job Name: Job Location: 6-15-06 Turner Park Wheat Ridge, CO Submitted To: 303-467 -5901 Unit Price Total Price 21,749.00 1,350.00 3 SYS-112 3,352.,00 Subtotal: Freight: Total: Optional Installation: TOTAl: 26,451.00 2,204.00 28,655.00 6,228.00 34,883.00 PRICES: ARE GOOD FOR THIRTY (30) DAYS. TAXES: NOT INCLUDED, DELIVERY' 30 TO 45 DAYS ARO. DEPOSIT' 0% TER/>1S: NET 30 DAYS. INSTALlATION: INSTAlLATION IS OPTIONAl. AND IS AN AOD-ON TO THE TOTAL PRICE, Roo< AND CUSTOMeR AGREES TO RECREATION PLUS, L TO'S ROCK AND UTILmES CLAUS~, IF YOU DO NOT HAVE A COpy OF UTILITIES CLAUSE OUR ROCK ANO UiI1.ITIES CLAUSE PLEASE CALl OUR OFFICE AND WE WILL fp;j, OR MAll. rr TO YOU, SURFACING INSTALLATION COSTS WILL INCREASE UPTO 50% IF sU~FACIN(lIS INSTAlLED IN PLAY AREA PRIOR TO INSTALLATION UPCHARGE Of' EQUIPMENT ACCEPTANCE OF PROPOSAl., The above prices. specifications and conditions are satisfactory and are hereby accepted, Any alterations or devlallons frorn the above will be executed Only upon written orders and will become an extra charge OYar and above the estimate. Please be assured your croer will receive our prompt attention. Signature: Title: Date of Acceptance: All Paperwork (PO's, Deposit Checks, Etc.) Should Be Made Out to Little Tikes Commerciall'lay Systems and Sent to Recreation Plus, Ltd., 15209 W. Ellsworth Dr., Golden CO 80401 15209 W. ELLSWORTH DR . GOLDEN, CO 80401-5007 . 303-278-/.455/888-278-1455 . FAX 303-278-1606 ATTACHMENT 1 ITEM NO ~, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETlNG DATE, July 24,2006 TITLE: AMENDMENTS TO PLANNING COMMISSION BYLAWS o PUBLIC HEARING C8'J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date _) o ORDINANCES FOR 2ND READING QuasI-Judicial. o Yes C8'J No !l6vjj;L ~rd CIty Manage cs- Community Development Director EXECUTIVE SUMMARY: Staff lllitlated this change as a result of a lack of quorum for a meetlllg several months ago Under the proposed change, Items scheduled for the meetlllg at which no quorum IS present Will be automatically contlllued to the next regular meetlllg, A second change recommended by the Commission IS to the sectIon deallllg with specIal meetlllgs, Added to thIs sectIOn IS the abIhty of the CommIssIOn to call a special meetmg by a maJonty vote of the ComnllsslOn at a regular meetmg, Other changes are housecleamng Items, The bylaws stIll refer to the Plannmg and Development DIrector and CIty Admllllstrator These references have been changed to Commumty Development DIrector and CIty Manager SectIon 2-54 (e) ofthe Code of Laws reqUIres approval by CIty Council of any changes to the Planmng CommissIOn bylaws ThIs change Implements Council's goal of prepanng for growth and opportumtIes byprovIdlllg a clear process for contmumg cases when a quorum IS not present. COMMISSION/BOARD RECOMMENDATION: Planmng ComnllsslOn recommended approval of the changes at theIr meetlllg on July 6, 2006, STATEMENT OF THE ISSUES: If no quorum IS present for a meetmg, the CommIssion cannot take actIOn to continue items, let alone open the meetmg, Under current rules, members must be polled to detenmne Ifthe Items should be contmued, No gmdance IS given as to how many affirmative votes It takes to contmue the Items, If a quorum Isn't gomg to be present at the meeting, how can less than a maJonty deCIde to continue the items by pollmg them? What If a maJonty of the non-quorum decides not to contmue the items? VVhathappensthen? Other questions have arisen in the past as to notlcmg the new date for Items notlced for a non-quorum meetmg, Is re-noticmg m the paper reqmred? Should the posting sign be changed? Should new letters be sent out? Contmumg automatIcally to the next regular meetmg date has the same effect as contmuing to a date certam, so no additIOnal notlcmg would need to occur. This will save the applicant and City tlme and money A SImple fix to address all these questlons IS to automatlcally contmue the items to the next regular meetmg, ALTERNATIVES CONSIDERED: Do not adopt the amendments, FINANCIAL IMPACT: None, RECOMMENDED MOTION: "I move to approve the amendments to the Planmng CommissIOn bylaws as presented," Report Prepared bY' Alan White, Commumty Development Dnector ReVIewed by' Attachmen ts: I Planmng CommissIOn Bylaws WIth proposed changes U-\All Fik~\MlSL'\PL. bylaws 2006 CAF.doc CITY OF WHEAT RIDGE PLANNING COMMISSION BYLAWS Statement of Purpose These bylaws are promulgated by the Planmng COImmsslOn ofthe CIty of Wheat RIdge, Colorado, for the purpose of governmg an public heanngs and meetmgs before thIS body, thereby msunng that this body conducts Itselfm accordance wIth Its status as a quasI-JudIcial, fact-findmg body, and further ensunng that due process oflaw will be accorded to all those particlpatmg therein, By conSIstent interpretatlOn ofthese bylaws, the above purposes will be fulfilled, and the CIty of Wheat RIdge and ItS reSIdents wIll be well-served, Regular CommlsslOn Meetmgs, The CommlsslOn shall meet m regular seSSlOn on the first and third Thursday of each month at 7'00 p,m. When Thursday is a hobday, which IS officIally recognIzed by the CIty of Wheat RIdge, the regular meetmg shall be held on the following Thursday at the same hour, unless otherwise proVIded for by mohon. The ConllmsslOn may, by mohon, dIspense wIth any regular meetmg except that at least one regular meetmg shall be held each month, The place of the meetmg shall be m the Mumclpal Complex. No publIc hearing shall be started after 11 :00 PM, except upon maJonty vote ofthe CommisslOn. 2 SpeCIal Meetmgs, Special meetmgs may be established by motion and a majority vote of the Commission at a regular meeting or may shall be called by the Commission Secretary on the wntten request of that the Chairman or any two members of the COlmmsslOn on at least forty-eIght (48) hours written nohce to each member of the ComrmsslOn, The CIty Manager ,'\dmmlstrator and the DIrector of Community Plannmg and Development shall be notified personally or wntten nohce left at their usual place of reSIdence, A speCIal meetmg may be held on shorter nohce If all members of the CommISSIOn are present or have Waived nohce thereofm writmg, and the relevant prOVISIons of SectIOn 5 ,2,(b) of the Wheat Ridge City Charter have been followed, - 3. Adjourned SesslOns. Any seSSIon ofthe CommIsslOn may be adjourned or adjourned from day to day, or for more than one day, but no adjournment shall be for a longer penod that than until the next regular meetmg thereafter 4 ExecutIve SessIOns. A. An execuhve sessIOn of the Planmng Commission may be convened only If the maJonty ofthe members of the CommISSIOn present vote publrcly to hold such a SCSSlOn, the subject matter to be considered IS one of those hsted III SubsectIOn (B) of thIS Sechon and a public announcement IS made as to whIch category of SubsectIOn (B) the matter concerns. No formal votes may be taken III any execuhve seSSlOn unless they concern a matter Illcluded as a category of SubsectIOn (B) OfthlS Section, I.\ComdevlPC Bylaws 2006.doc ATTACHMENT 1 4 Executive SessIOn (contmued) B, An executIve sessIOn may be convened only on the followmg matters (1) Legal ConsultatIon. The Plannmg CommIssIon may convene an executIve sessIOn under the followmg condItIons. a. A sUIt, whIch names the Planmng CommiSSIOn or any of its members, has been filed agamst the City and has receIved formal wntten notIce that SUIt agamst the CIty is Immment. b, The Planmng CommIssIOn is considenng instituting legal action agamst another party. c. The Planmng CommIssIon has knowledge of violatIOns of the law and IS considenng the possibilIty ofrecommendmg prosecutIOn. (2) Personnel Matters, Personnel matters concemmg CIty employees may be consIdered m an executive sessIOn ifthat employee requests such a seSSIOn, However, no request ofthe employee is reqUIred If the matter concerns a subject covered under another category of this subsection, (3) Real Estate Appraisals. The CommiSSIOn may convene an executIve sessIOn to consider real estate appraIsals made for the purpose of the possible acqUIsItion ofreal property or an mterest therem for publIc use, or the sale of any real property owned by the CIty However, no executive sessIOn shall be convened to discuss the ments ofpurchasmg real property for public use or the sale of real property owned by the CIty, or any other matters pertaming to land acqUIsItion or sale, C. The CommIssIOn Secretary shall make a tape recordmg and prepare the mmutes of all executIve sessIOns. Such recordings and mmutes shall be closed to the publIc unless a maJonty of the CommIssion votes to make them available to the public The ChaIrman, any member of the CommIssIon, the City Attorney, or the Director of Plannmg and Development or hlSlher deSIgnee (in the event the Duector ofPlannmg and Development was a partIcIpant m the executIve seSSIOn), may examme such tapes or mmutes at any reasonable tIme under the duect supervIsIon of the CommISSIOn Secretary The CommissIon Secretary may also release such tapes and mmutes pursuant to a valid court order III any actIOn challengmg the legItimacy of an executIve seSSlOn, THE PRESIDING OFFICER 5 ElectIOn of Officers. A maJonty vote of all members present of the CommIssIon shall be reqUIred to elect a ChaIrman and Vice ChaIrman. I:\Corndev\PC Bylaws 2006.doc 6 Presldmg Officer. The Chairman, or m his/her absence, the Vice Chairman, shall take the Chair at the hour appomted for the Commission to meet, and shallnnmedlately call the members to order. The roll shall then be called by the CommiSSIOn Secretary who shall enter m the mmutes ofthe meetmg the names of the members present. The Chairman shall be elected on a rotatmg basIs at the next regular meetmg followmg appomtments in March of each year. The Chairman shall be elected on a rotatmg baSIS and shall not succeed hlmse1f/herself. This shall be the first order of bus mess after publIc heanngs at that meetmg and It shall be held by secret ballot Without nommatlOn, In the case of a tie, the Director ofP1annmg and Development shall preSide until the electIOn ofthe ChaIrman. He/she Will disclose the names of the tled contestants and another ballot shall be taken, Until one person has received a maJonty of all members present ofthe Commission, successive ballots will be taken, 7. Vice Chairman, After selectlon of the PreSiding Officer, the CommiSSIOn shall choose one of ItS members as Vice Chairman who shall serve as Chairman dunng the absence or disabilIty ofthe Chairman and, m case of vacancy m the office of the Chairman, pendmg the selectIOn of a successor at the next regular meetmg, He/she shall be selected m the same manner as the Chairman, 8, Temporary Chairman, In the case ofthe absence ofthe Chairman and Vice Chairman, the semor member of the remammg members shall act as Temporary Chairman untti the ChaIrman or Vice Chairman appears, 9, Decorum and Order. The presldmg officer shall preserve decorum and deCide all questions of order, subject to appeal of the CommiSSion, If a member transgresses the rules of the CommiSSIOn, the presldmg officer shall, or any officer may, call him to order, in which case he/she shall relmqmsh the floor, unless permitted to explam. 10. Quorum, A mmlmum of five (5) CommiSSIOners shall constltute a quorum for the transactIOn of bus mess at all CommiSSion meetmgs, Once the CommiSSion Secretary makes a determmation, based upon adVice from Plannmg CommiSSIOn pnor to a meetmg that a quorum Will not be attamcd, then she/he may, by telephone: }.) Advise CommiSSIOn members of lack of quorum and, then B) Poll members to deCide whether to contmue the publIc heanng all public hearing items scheduled for that meeting shall automatically be continued to the next regular meetmg. 11 Commission Secretary and Employees, The CommiSSion Secretary and other officers and employees of the City shall be under the control and directIOn ofthe Chair dunng sessIOn of the CommiSSIOn, 12, City Manaeer Admlmstrator The City Manager Admmlstrator or appomted representative from hls/her office may attend all meetmgs of the CommiSSIOn, He may make recommendatlons to the CommiSSIOn and may take part m the diSCUSSIOns on all I:\ComdevIPC Bylaws 2006.doc matters concerning the welfare of the City, but shall have no vote m the meetmgs of the COImmSSlOn. 13. Director ofPlannmg and Community Development. The Director ofPlanmng and Community Development or his/her appointed deputy, shall attend all meetmgs of the Commission, unless excused by the CommlsslOn or the City Manager /.dmmlstrator. He shall keep the Commission fully advised as to all matters related to the plannmg and development conditions and needs of the City, He may make recommendatlOns to the CommlSSlOn and may take part m dlSCUSSlOns on all matters commg before the CommlsslOn, He shall have a seat, but no vote m the meetmgs of the Plannmg CommlSSlOn, 14 Commission Secretary, A City employee appomted by the Plannmg CommlSSlOn shall serve as CommlsslOn Secretary and shall keep mmutes of the meetmgs and perform such other and further dutles in the meeting as may be ordered by the Chairman, CommlSSlOn or Director ofPlanmng and Development. 15 Citv Attorney The City Attorney may either m person or by deputy, attend all meetmgs of the CommiSSion, An oral or wntten opmlOn to provide adVice on any questlOn of law by the City Attorney may be requested by a maJonty of the CommlsslOn and shall be submitted through the City Admmlstrator 16 Officers and Employees to Attend, When the CommlsslOn needs to confer with the head of any department or any officer or employee of the City on any matter relatmg to zomng or plannmg, the City Admmistrator shall be asked to request that such officer or employee attend any regular or speCial meetmg, Such request shall be by the maJonty of the CommlSSlOn and shall be submitted through the City Admmlstrator DUTIES AND PRIVILEGES OF MEMBERS 17. Right of Floor When recogmzed by the Chair, a member shall confine himself to the questlOn under debate, aVOId personahtles, and refram from Impugmng the motlves of any other member's argument or vote, 18 Right of Avpeal. Any member may appeal to the CommlsslOn from a rulmg of presldmg officer. If the appeal IS seconded, the member makmg the appeal may bnefly state his/her reason for the same, and the presldmg officer may bnefly explam hIs/her ruhng, but there shall be no debate on the appeal and no other member shall participate m the dlSCUSSlOn, The presldmg officer shall then pose the questlOn, "ShaJl the declslOn of the Chair be sustamed?" If a maJonty of the members present vote "Yes", the rulmg of the chair IS sustained, otherwise, It IS overruled, 19 LlmltatlOn of Debate. No member shall be allowed to speak more than once on anyone subject untll every other member choosmg to speak thereon shall have spoken, and no member shall speak more than five mmutes Without permlSSlOn of the Commission. J:\ComdevIPC Bylaws 2006.doc 20. Votmg, - A, The vote by "Yes" and "No" shall be taken upon the passage of all motIOns and entered upon the mmutes of the CommIssIon proceedmgs, Every matter for deCISIon before the Planmng CommIssion shall reqUIre the affirmatIve vote of a majority of the members of the Planmng Commission present for adoption, unless a greater number IS specIfically reqUIred by Ordmance. An abstentIOn shall not be counted as a vote, but shall be entered mto the record. B No member of the CommISSIOn shall vote upon any questIOn upon which he/she believes hImself to have a conflIct of mterest (other than the common public mterest), on any question concerning hlslher own conduct, or on any questIOn upon whIch the remammg votmg members ofthe CommISSIOn determmes, by maJonty vote, that said member shall be disqualIfied from the hearmg based upon the reasons speCIfied herem, On all other questIons, each member who IS present shall vote when the questIOn IS called, ApplIcation to abstam from voting shall be made before the heanng ofthe case commences, or immedIately upon dIscovery ofthe fact reqUIring abstention, The movmg member shall bnefly state the reason for hislher request or motIon, and the decIsIOn thereafter shall be made WIthout debate, It shall not be m order for any member to explain his/her vote on a questIOn of abstentIOn dunng saId vote Once an affirmatIve vote grantmg or reqUlnng abstentIon is recorded, the abstalmng member shall take no further part m diSCUSSIOn or conSideration of, or votmg upon, the case pendmg, The sole reasons upon whIch a member may base a motIon to disqualIfy a member are actual or apparent conflIct ofmterest, breach of thIs CommISSIOn's bylaws, or breach of quasI-JudicIal procedures as defined herem, No member abstaimng under the provIsIons of thIs Rule 20(B) shall be penalIzed for thus abstammg, A member who abstams from votmg shall remove himseWherself from the heanng room until the matter has been finalIzed, except where a member IS the applIcant m a matter before the CommIsSIOn, then the member may step down and partICIpate m the presentatIOn of his/her request and shall not retake hislher seat WIth the CommlSSlOll unttl the matter IS finalIzed by the CommISSIOn, C Any member who was absent from a publIc heanng and saId public heanng has not reached a conclUSIOn, may vote on the publIc heanng of a prevIOus case, proVIded he/she has listened to the tapes, read the mmutes of the prevIous publIc heanng (if available), has famllIanzed himself/herself WIth the contents of the case file, and at the begmmng ofthe contmuatlOn ofthe subject heanng, states he/she has complIed With the foregomg reqUIrements, 21 Demand for Roll Call. When a vote IS taken on any questIOn before the CommISSion for which a roll call vote IS not otherwise reqUIred and upon demand of any member, made before the questIOn has been put, the roll shall be called for "yes" and "no" and entered upon the Minutes ofthe CommISSIOn proceedmgs. It shall not be m order for members to explam thelr vote dunng the roll call. L\Comdev\PC Bylaws 2006.doc 22, Personal Pnvilege The right of a member to address the CommisslOll Oll a questlOll of personal pnvllege shall be lImited to cases in which hISlher mtegnty, character or motIves are assailed, questioned or impugned, 23. Dissents and Protests, Any member shall have the nght to express dissent from, or protest agamst, any action ofthe Commission, and have the reason therefore, entered upon the mmutes. Such dissent or protest must be filed m wntmg, couched m respectful language and presented to CommlsslOn not later than the next regular meetmg followmg the date of the actlOn objected to, and shall become a minonty report which shall become a portIOn of the record of the Planmng CommissIon actIon, 24 Attendance. All members ofthe CommiSSion are expected to attend all regular and speCial meetmgs of the CommiSSIOn. The ChaIr shall review all absences of CommissIOn members and mform the secretary whether such absences are excused or unexcused, Where the ChaIr determmes that a Commission member has a suffiCient number of unexcused absences to constitute neglect of duty, m accordance With Wheat Ridge Code of Laws Sec. 2-53( e), the Chair shall bnng the matter to the attentIOn of the Commission under agenda Item number 10, DiSCUSSIOn and DeCISIOn Items, and the Commission shall vote upon the matter lfthe CommIssion finds neglect of duty, a resolutIOn shall be adopted that mforms the City Council of the CommiSSIOn's findmgs and requests that the member be replaced. 25, Excusal During Meetmg, No member may leave the chamber while CommlsslOn IS m regular sessIOn Without permission from the presldmg officer 26 Makmg MotIOns, A motIon presented by any member shall reqUIre a second, The presidmg officer shall have the same nghts and pnvileges ofmakmg motIOns as any other member. However, to do this, the presldmg officer must step down from the ChaIr and have his/her deputy preSide. COMMISSION PROCEDURE 27 Order of Busmess, The busmess of all regular meetmgs of the CommiSSIOn shall be transacted m the followmg order, unless the CommiSSion, by a vote of the maJonty of the members present, shall suspend the mles and change the order' 1 Call to Order 2, Roll Call of Members 3 Pledge of Allegiance 4 Approval of Order of Agenda 5 Approval of Minutes 6 PublIc Heanng 7, Close the PublIc Heanng 8 Old Business 9 New Busmess l:\ComdevIPC Bylaws 2006.doc 10. DIScussIon & DecislOn Items 11, Committee and Department Reports 12, Adjournment Notes on Tentative Agenda The Commission will make every attempt to be as flexible as possible in the order of the agenda to make the most considerate use of tIme for those who must appear On the Friday proceedmg the regular CommIsslOn meeting, the DIrector ofPlanmng and Development wIll have dehvered to each CommissIOn member an agenda showmg the order of bus mess and mdlcating the public hearings to be antIcipated, and Items pertammg to said agenda Items, Only CommIssIon members and staff may submIt other matters for conSIderatIOn under New Busmess at that same meetmg, At each meetmg, it shall be asked by the preSiding officer If there are ObjectIOns or are correctIOns to be made to the mmutes of the precedmg meetmg, as published, 28 Precedence of MotIOns, When a questIon IS before the CommiSSIOn, no motIon shall be entertained except: (a) to fix the hour of adjournment, (b) to adjourn, (c) to lay on the table, (d) for the previous question, (e) to contmue to a certam date, (f) to refer, (g) to amend, and (h) to postpone mdefimtely These motions shall have precedence m the order mdicated, Any such motlon, except a motion to amend the motlon to postpone mdefimtely, shall be put to a vote Without debate, 29. MotIOns - General. Roberts Rules of Order shall govern the meetmg unless otherwIse set forth m these Bylaws or changed by a maJonty vote of the CommiSSIon. 30 Anonymous CommumcatIOns, UnSIgned commU1llCatIOns shall not be mtroduced before the CommISSIon, 31, TIe Vote, In case of a tle m votes on any proposal, the proposal shall be conSidered lost. COMMITTEES 32, Standmg CommIttees, The Chamnan, as president of the CommiSSIOn, shall appomt such standmg commIttees as may be authonzed by vote ofthe Comm1sslOn. 33 How Appomted. There shall be three members of the CommiSSIOn appomted on each standing commIttee unless otherwise authonzed by the CommISSIOn, the Cha1rman desIgnatmg the member who 1S to serve as Chalrman of the Committee. Vacancies occurnng on any commIttee shall be filled m like manner The Chalrman may also appomt, from tlme to time, such speCial or select committees as m hIs/her dlscretlon he/she deems deSirable, or as may be deSIred by the CommISSIOn, to expedite the handlmg of the bus mess and affalrs of the CIty I:\ComdevlPC Bylaws 2006.doc 34. NotIce, It shall be the duty of the ChaIrperson of special committees to glVe advance notIce of the tIme and place ofmeetmg to all members of the ComrmsslOn, the CIty Clerk, City AdmmIstrator, Director ofPlannmg and Development and other persons known to be mterested, in favor or, or opposed to, the partIcular matters proposed to be considered. 35 Reports, When a commIttee to whIch a matter has been referred, wIth mstructlOns to report at a tIme named m the order of reference, IS not ready to report at such times, the matter so referred shall, unless further tIme be granted, be considered as though reported back WIthout recommendatIon, In such case, the commIttee shall forthWIth return to the Secretary, the documents pertammg to the matter, and the matter shall take ItS proper place m the order of bus mess, 36. Report to be in Wnting, The reports of commIttees other than the commIttee of the whole shall be in wntmg, agreed to m commIttee assembled and shall not be presented unless SIgned by a maJonty of the commIttee. CopIes of the report shall be avaIlable to each CommIssIon member. Documents referred to the commIttee shall be returned WIth the report, Nothmg m thIS rule shall be construed to prohibIt the mtroductIon ofminonty reports, 37. Rehevmg from Further ConSideratIon, Upon motIon, CommlsslOn may, by a maJonty vote, reheve a commIttee of further conslderatlOn of matter referred to it and order the same placed on the agenda, 38 Secretary to CommIttees, CommisslOn Secretary or other CIty employee shall act as secretary to the several commIttees, and keep a record of the attendance and busmess transacted at their meetmg, ORDINANCES AND RESOLUTIONS 39 IntroductIon. All changes to the Code and SubdIVision RegulatIons shall be mtroduced III the CommiSSIOn m pnnted or wntten form. All such changes shall be approved by the Commission m their final wntten form before forwardmg to City CouncIl. 40 ReVIew All proposed ordinances shall be forwarded to the CIty Attorney WIth a request for review to assure correct legal form, The Duector ofPlanmng and Development shall attach to each proposed ordmance a bnef digest of the provlSlons thereof, and where It IS proposed to amend an eXlstmg Ordmance, such dIgest shall mdlcate the change sought to be made, MISCELLANEOUS 41 Pnvtleges of Floor No persons except members of the CommISSIOn and Officers named In the rules and persons InVIted by the presIdmg officer of the CommISSIOn or by vote of l:\ComdevIPC Bylaws 2006 doc the CommIssIOn, shall be allowed to address the CommissIOn except as set forth III Para. 42 and 45 42. Addressing the CommissIon under PublIc Forum SectIon of Agenda. Any cItIzen may address the Commission under the PublIc Forum section of the agcnda on any subject not on the agenda. Time may be lImIted by the Chair. 43 Suspension of Rules. Any proviSIOn of these rules not governed by State statute or CIty Code of Laws may be temporanly suspended at any meetmg ofthe CommIssIOn by a maJonty vote of all those members ofthe CommISSIOn who are present. The vote on any such suspensIOn shall be taken by "yes" and "no" votes and entered mto the record. Any rule may be suspended by general consent If presented by the Chair and If there are no obJectlOns from any member 44 To Amend Rules. These rules may be aITIended or new rules adopted by a majority vote of all members ofthe CommIssion present. Any such alteratIons or aITIendments shall be submItted III wnting at the precedmg regular meetmg and shall be placed on the calendar under the order of "New Busmess" ThIs reqUIrement shall be waived only by maJonty consent, WIth a recorded vote of all members. 45. PublIc Heanngs. All those desmng to be heard on a particular Issue at a regular publIc heanng before the Commission shall lIst their names on forms proVided. ThiS lIst shall be handed to the Chair who shall have all those so lIsted step forward to attest, by sworn oath, that all evidence they present shall be the truth. The Chair shall be empowered to announce the length of tIme allotted to any particular case, and thereafter to enforce Said tIme lImit. Presentatlon and dIscusslOn of all zomng and rezoning cases, subdIVISion plat approvals, and any other actlon upon which a publIc heanng IS reqmred by ordinance, and shall follow the followmg procedure A. Upon the callmg of a case, the plannmg staff shall give a bnef presentation SUrnnIarlzmg the actlOn requested, mtroducmg mto the record all relevant ordmances, regulatIons and related materials, and bnefly outlmmg the non- disputed facts of the case Staff's presentatlOn may mclude recommendatIOns and findmgs which the CommlsslOn, at ItS dlscretlOn, may accept, accept m part or rCJ ect. B Followmg staff's presentatlOn, applIcant shall present all facts, whether m wntten or testImomal form, which he deems appropnate to meet hls/her burden of proof. The burden of proof many zomng or rezomng case, m any subdiVISIOn plat request, any planned development request, any speCIal use permit request, or any other request for change wherem a publIc heanng IS reqUIred shall be upon the applIcant (whether the City or a thud part), to establIsh the eXistence of the need for actIon or relIef requested. l:\ComdevIPC Bylaws 2006.doc C Protestants may present any evidenee, whether III wntten or testImonial form, whIeh they deem appropnate. Authonty IS hereby expressly granted to the ChaIr to designate or recognIze a spokesman or representatIve for a group ofprotestants havmg the same or substantlally SImilar posItlons, said authonty bemg granted solely for the purpose of expedIting heanngs by avoidance of repetltlOus presentations, and not for the purpose oflImItmg the opposItion. D. After presentatlOn of all direct eVIdence by the applIcants and protestants, a nght of cross-examinatlOn shall eXIst. All questlOns shall be posed to the Commission rather than dIrectly to staff, the protestants or the applIcant. The order of cross- exammatlOn shall be: (1) ApplIcant and staff may be cross-exaITImed by protestants, and (2) Protestants and staff may be cross-examined by applIcant. E. An opportunity for bnefrebuttal shall be afforded applicant and staff, dunng which rebuttal testlmony or other evidence may be presented only to rebut eVIdence presented dunng the case on behalf of either applIcant or protestant. F. Followmg Said rebuttal, applIcant and/or protestant may be eXaITIIlled andJor cross-exaITImed by members of the Planrung CommiSSIOn, the staff, and the City Attorney. G. An opportunity for bnef summatlOn shall be granted, first to protestants, and then to staff, then to applIcant. H. In the presentatIOn of eVidence, the Colorado Rules of EVidence shall not be applIed, but the CommiSSIOn expressly reserves to Itselfthe nght to lImit or exclude eVidence which It deems to be Irrelevant, repetItIous, or otherwise mappropnate or unhelpful m reachmg a deClslOn. 1. Upon closmg the public heanng, the COrnnIlSSlOn shall render a declSlon based solely upon the facts adduced and appeanng upon the record ofthe publIc heanng Just completed. A motlOn shall be made and duly seconded recommendmg CommlsslOn actlOn either grantmg or denymg thc action sought, which motlon shall cmbody the facts relIed upon to sustam the actlon recommcnded. In the event a condltlOn IS sought to be Imposed as a portlOn of the motlOn thus made, a nght shall be granted to the applIcant to bnefly and succinctly respond to the proposed conditIon. Nothmg con tamed m thiS rule shall be deemed automatically to preclude the staff from makmg suggestlOns or answcnng questlons regardmg the form of the motion thus made. In the event the motlon falls to receive a maJonty vote, It shall conclUSively be presumed that no actIon has been taken, and It shall be reqUIred that a second motion be made, seconded, and adopted by maJonty vote mdlcatmg the defimte actlon (either grantmg or refusmg the requested actlOn), actIon, proVided, however, that a vote J:\ComdevIPC Bylaws 2006.doc WhICh ends III a tIe shall constItute a demal of the actIon sought, and shall not reqUIre a second motion and vote thereon. J. Upon the vote on the question bemg recorded, a Resolution shall be prepared by the CommIssIon Secretary, and executed by the Chairman, WhICh ResolutlOn shall be the offiCial record of the CommisslOn's actIOn. READOPTED thIS 16th day of October, 1980 signed/Bonnie Scoma BONNIE SCOMA, CHAIR Wheat Ridge Plannmg COrnnIlssion Adopted by the Plannmg COrnnIlssion Amended by Planmng CommlsslOn Amended by Plannmg CommlsslOn Amended by Plannmg CommlSSlOn Amended by Plannmg COrnnIISSIOn Amended by Planmng CommISSlOn May 1, 1980 May 15, 1980 February 16, 1984 December 11,1986 Apri14,1991 December 3,1992 Amended by Plannmg CommISSlOn April 4, 2002 <pc>pcbylawsk l:\ComdevIPC Bylaws 2006 doc ITEM NO: l. REQUEST FOR CITY COUNCIL ACTION '/$~' ~c ~~ 10 COUNCIL MEETING DATE: July 24, 2006 TITLE: ACCEPTANCE OF THE 2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) o PUBLIC HEARING [g] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING [g] No City~'1 EXECUTIVE SUMMARY: SectlOn 10.15 of the Municipal Charter for the City of Wheat Ridge requires that an Illdependent audit be performed annually of all City accounts. The CPA firm ofSwanborst & Company, LLC performed the audit of the City's financial statements for the year ended December 31, 2005 As is reported in the attached Management Letter from Swanhorst & Company, the following conclusions were reached from the audit: 1. "We noted no transactlOns entered into by the City during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative gUIdance or consensus." 2. "We evaluated the key factors and assumptions used to develop the estimates m determining that they are reasonable m relation to the basic financial statements taken as a whole" 3 "We provided management With a schedule of audit adJustments. In our judgment, none of the adjustments we proposed, whether recorded or unrecorded by the City, either individually or III the aggregate, indicate matters that could have a significant effect on the City's financial reporting process." 4. "We are pleased to report that no such disagreements [With management] arose dunng the course of the audit." 5. "We encountered no significant difficulties while performing the audit." A representative from Swanhorst & Company will be at the July 24, 2006 City Council meeting to present the 2005 CAFR to City Council for acceptance. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: For the year ended December 31, 2005, the auditors have made the followmg recommendation: I. "As mentIoned last year, the City continues to encounter problems With the HMS sales tax system. For example, the system is unable to report year-to-date information on sales tax collections. In addition, it is our understanding that the City is expecting to expand use of the system to collect public improvement fees. We encourage the City to continue to monitor the system deficiencies and report to the vendor. It may be beneficial to pursue other systems that may provide better system capabllities and better vendor support." Staff agrees with and supports the recommendations from Swanhorst & Company LLC Research is currently bemg conducted on the viability of alternative sales tax systems. In additIon, Staff eontinues to work with HMS staff to correet system deficieneies. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: The eontract for audit services with Swanhorst & Company, LLC is for an aITIount not to exeeed $19,000 whieh was budgeted as part of the 2006 budget. RECOMMENDED MOTION: "I move to accept the 2005 CAFR from Swanhorst & Company, LLC " or, "I move to deny acceptanee of the 2005 CAFR from Swanhorst & Company, LLC for the following reason( s) " Report Prepared by' Reviewed by: Linda Stengel, Aecountmg Supervisor Patrick Goff, Deputy City Manager Attachments: I, 2005 Management Letter 2. 2005 CAFR ITEM NO' ~ \ REQUEST FOR CITY COUNCIL ACTION '~$~ c~ ~~ IU COUNCIL MEETING DATE: July 24, 2006 TITLE: RESOLUTION 34-2006 - A RESOLUTION AMENDING THE 2006 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENT AL BUDGET APPROPRIATION IN THE AMOUNT OF $246,000 FOR MARKET ADJUSTMENTS TO EMPLOYEE COMPENSATION PLANS o PUBLIC HEARING o BIDS/MOTIONS [g] RESOLUTIONS o ORDINANCES FOR I ST READING (Date. _) o ORDINANCES FOR 2ND READING Quasi-Judicial. [g] No City~ EXECUTIVE SUMMARY: The City eurrently maintains three employee compensation plans which include an Intermittent Part- Time/Seasonal plan, a Law Enforcement (sworn) plan and a Civilian plan. A market analysis of2006 salary ranges was completed for all City positions, and, as a result, the study indicated that the compensation plans require upward adjustments in order to remain competitive and within the pereentiles the City has establIshed for eaeh plan. In 2005, City Council approved aligning the salary ranges for the Law Enforcement (sworn) positions to the 70th percentile of the market while all other positions would be aligned to the 50th percentile of the market. Staff recommends that the salary ranges aligned to the 50th percentile of the market be mcreased to the 55th percentIle. The overall increase proposed for these market adjustments is approximately 3.2% for Civilian and Sworn benefited positions, and 2.3% for Intermittent Part- Time/Seasonal positions. Currently, the three compensation plans have different effeetIve dates and the market studies were eonducted between one to two years ago Another difference between the Civilian and the Intermittent Part-Time/Seasonal compensation plans involves the percentage between each of the nine pay steps: currently Civilian is 3.5%; Intermittent Part-Time/Seasonal plan IS 30%. Staff recommends eliminating the multiple effective dates and replacing them with one mid-year date for all compensation plans. In addition, we recommend changing the percentage provided between each of the pay steps in the Intermittent Part-Time/Seasonal pay plan to match the Civilian plan, (3.5%). This will ensure a consistency and eqmty between the plans, as well as, assist III establishing pay ranges that are competitive with the market. The adoption ofthe proposed 2006-2007 CompensatIOn Plans would be effectlVe on July 29,2006, All future market adJustments to the compensation plans would occur on the date of the first payroll penod in July. A Compensation Plans - Market AdJustments presentation was made to City Council at its Study Session on July 17, 2006. It was the consensus of City Council to bring the market adjustments forward for consideration at thiS council meeting. Approval of this resolution meets GOAL I: Creating a Sustainable City Government, Objective 4: ProductIve, hIghly Motivated Workforce with Competitive Compensation. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Currently, the three compensation plans have different effective dates: Intermittent Part- Time/Seasonal, effeetlve January 1,2004, Law Enforcement (Sworn), effective July 2, 2005; and Civllian, effective January 1, 2006 It is recommended that we eliminate a January I effective date and replaee it with a mid-year date for all compensation plans based on the following: . By the end ofthe first quarter of each year, all of the agencies have the applicable salary range information available for comparison. This allows sufficient time to prepare for any necessary mId-year adjustments. With a January 1 effective date, as with the Civilian and Part- Time/Seasonal Pay Plans, the data necessary to make a determinatlOn for budget preparatlOn is not fully avallable and as a result, some of the salary range mformation can only be denved through estimates. . Currently salary ranges are based on 2004 or 2005 rates, hence we are lagging the market by one (I) year for CivilIan; six (6) months for Sworn, and two (2) years for Intermittent Part- Time/Seasonal. With a 2006 mid-year adjustment, the salary ranges, as proposed, will be based on 2006 market rates, thus placing all salary ranges only six (6) months behind. . Currently, the Part-Time/Seasonal compensation plan maintains a 3 0% spread between each of the nine (9) pay steps. It is recommended that we redesign this eompensation plan to match the CivilIan compensation plan with a 3.5% between pay steps. This recornnIendation is based on the followIllg: . There are several positions that reside in both of the pay plans that are charged with the same tasks and responsibilities. Hence, to ensure a conSIstency and equity, the compensation awarded should be equivalent. . The current 3.0% between each of the steps does not extend the salary ranges enough to match the market maximum rates. However, the 3.5% between pay steps provides the "stretch" needed to bring the salary ranges more in line with the market. AL TERNA TIVES CONSIDERED: Mamtain three Compensation Plans with different effective dates, and/or, Maintain three Compensation Plans with different percentages between Pay Steps; No market adjustment for any or all of the compensation plans. FINANCIAL IMPACT: The adoption of the proposed 2006-2007 Compensation Plans with an effective date of July 29,2006 for all positions would require an aITIendment to our eurrent budget of$246,000. Although the total for the Intermittent Part-Time/Seasonal has not been calculated as yet, the projected cost appears to be mimmal and may be absorbed by salary savIllgs as a result of position vacancies. RECOMMENDED MOTION: "I move to approve Resolution 34-2006 - A Resolution Amending the 2006 Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of $246,000 for Market Adjustments to Employee Compensation Plans." or, "I move to table Illdefimtely Resolution 34-2006 - A Resolution Amending the 2006 Budget to Refleet the Approval of a Supplemental Budget Appropnation in the Amount of $246,000 for Market Adjustments to Employee Compensation Plans for the following reason(s) " Report Prepared by: Reviewed by: Karen Croom, Human Resources Manager Patrick Goff, Deputy City Manager Attachments: 1 July II, 2006 Compensation Plans - Market Adjustments Memorandum 2, Resolution 34-2006 Item 3. ~,; :!'St?~'dy Session 7/1 ( 'i ~l' (~l " It f!tll R it(t.:f! Human RC'OIIlTC' Memorandum '\~ ;. - TO' Mayor and Council ~ Patnek Goft~ Deputy City Manager .1fI) I THROUGH' FROM Karen M, Croom, Human Resources Manager DATE. July 11,2006 SUBJECT Compensation Plans - Market Adjustments Currcntly the City mamtams three (3) Compensatlon Plans: Intcrmlttent Part-Time/Seasonal, effectlve January 1,2004 Law Enforcement (Sworn), effective July 2, 2005 CivIlian. etTeetlve January I, 2006 .vote The Civilian and Law Enforcement salary ranges were based on 2005 market rates Recently a market study that mvolved a review of our market's 2006 salary ranges was completed for all of the Clty's pOSItIOns. As a result, the study mdlcates our CompensatIOn Plans reqmrc upward adjustments m order to remam competltive and wlthm the percentile the City has estabhshed. The percentilcs the CIty has established arc 70th for Law Enforcement (Sworn) positions and 55th for all others. Overall thiS mcrease IS approximately 3,2% for CIVIlIan and Sworn benefited pOSitions, and. 2.3% for Intcnnlttent Part-Time/Seasonal. In order to mamtam our eompetltiveness, It IS rceommended that we make thc apphcable adJustments through an amcndment to our eurrent budget and takc the OpportuDlty to also reahgn our CompensatIOn Plans With a smgle effcetlvc date. It IS recommended that we ehmmate a January 1 effectlve date and replace It With a Mld- Year date for all Compensation Plans, ThiS IS based on the followmg: · By the end of the first quarter of each year. all of the agencies have the apphcable salary range mformatlon aVailable for companson. ThiS allows suffiCient tlme to prepare for any necessary mid-year adJustments. With a January I effective date. as With the CIvllian and PT/Seasonal Pay Plans. the data neeessary to make a detennmatlOn for budget preparatIOn IS not fully available and as a result, some of the salary range mformatlOn can only be denved through estlmates, · Our currcnt salary ranges are based on 2004 or 2005 rates, hence we are laggmg the market by onc (I) ycar for Clvlhan, SIX (6) months for Sworn. and two (2) years for Intermittent Part- Time/Seasonal. With a 2006 Mid-Year adjustment. the salary ranges. as proposed, wlll be based on 2006 market rates, thus placing all salary ranges only six (6) months behmd. The adoptIOn of the proposed 2006-2007 CompensatIOn Plans With an effective date of Julv 29. 2006 for all pOSitIOns would require an amendment to our current budget of approximately $246,000 Although the total for thc Intermittent Part-Time/Seasonal has not been calculated as yet, the projected cost appears to be mlDlmal and may be absorbed by salary savmgs as a result of posltlon vacanCles. Agam, please notc. WIth the adoptIOn of thiS Mld- Y car practlce for our compensatIOn programs, the currcnt systcm of grantmg first-of-the-ycar market adJustments would be eliminated. ATTACHMENT 1 RESOLUTION NO. 34 Series of 2006 TITLE: A RESOLUTION AMENDING THE 2006 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $246,000 FOR MARKET ADJUSTMENTS TO EMPLOYEE COMPENSATION PLANS WHEREAS, a market study reviewIllg 2006 salary ranges for all City positions was condueted; WHEREAS, the market study results indicated the City Compensation Plans require upward adJustments in order to remain competitive and withm the 70th percentile for Law Enforcement (Sworn) positions and 55th percentile for all other positions as established by the City; WHEREAS, the City will eliminate multiple effectives dates for Compensation Plans and maintain a mid-year date for all plans; WHEREAS, the City Council is committed to maintaining a productive, highly motivated workforce with competitive compensation; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge 2006 Budget be amended accordingly, specifically transferring $246,000 from undeslgnated reserves to the appropriate accounts in the various funds. DONE AND RESOLVED THIS _ day of July, 2006. Jerry DiTullio, Mayor ATTEST: Pamela Anderson, City Clerk ATTACHMENT 2 ITEM NO: q, REQUEST FOR CITY COUNCIL ACTION B~ COUNCIL MEETING DATE' July 24, 2006 TITLE: APPROVAL FOR THE USE OF BANNERS FOR THE CARNA TION FESTIVAL AND PARADE o PUBLIC HEARING [g] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date.) o ORDINANCES FOR 2ND READING Quasi-Judieial: D Yes [g] No '\jt. 'Y, City Clerk "'NvJ EXECUTIVE SUMMARY: The Wheat Ridge Carnation Festival is scheduled for August 16 through August 19,2006. The Carnation Festival will be held in Albert E. Anderson Park at 44th Avenue and Field Street. The Carnation Festival Parade is scheduled for Saturday, August 19th at 10'00 a.m. The parade Will be on 38th Avenue from Depew Street to Upham Street. City Councll will need to eonslder a motion to allow for the use of banners for the Wheat Ridge Carnation Festival and Parade. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: Not approve a motion to allow for the use of banners for the Wheat Ridge Carnation Festival and Parade. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "} move to allow for the use of banners for the Wheat Ridge Carnahon Festival and Parade scheduled for August 16 through August 19,2006 " or, "I move to deny approval for the use of banners for the Wheat Ridge Carnation Festival and Parade for the followmg reason(s) " Report Prepared by' Reviewed by' Debbie Meixner, Administrative Assistant Pam Anderson, City Clerk Attachments: 1. None .,. -_._~------- VSYJ' 1f3S - luG 6 ,. )-t' \0(-\ \yy<:\ ' -1\. JV .' ( , ~:,}- ;lO -~0( 0 ~-\: y,fAM \,'l"~ " v~ \;'-1 ~ ,.J! r(1" .--- \,~,oc0 C9. i -,(fn~'\' C. 0 . G\ S ~'2;t) 3 --- 'L3 -r- -? IS I) 1---V "7 ( 6 <1)l1 \.0l'" \> LI )/\;Iv 1/00 :1 \ . ,( " /..... GENERAL AGENDA ITEM COMMENT ROSTER DATE: July 24, 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 ~ vv-e> rJ. c;; " 1 f-lwr-'l ~ (/Yl ADDRESS AGENDA ITEM NO. L ;.l-