HomeMy WebLinkAbout10/09/2006
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
October 9, 2006
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF September 25,2006
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 ROS.TER before the item is
called to be heard
APPROVAL OF AGENDA
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Item 1 CONSENT AGENDA:
A, Award of RFB-06-49 Tree Planting Services to Davey Tree and
Lawncare, in the total amount of $28,845.00
PUBLIC HEARING AND ORDINANCES ON SECOND READING
Item 2.
2007 PROPOSED BUDGET AND CAPITAL INVESTMENT PROGRAM
Item 3.
A. RESOLUTION 48-2006 - A RESOLUTION MAKING CERTAIN
FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF
A PARCEL OF LAND LOCATED IN SECTION 16, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
JEFFERSON, STATE OF COLORADO (CASE NO ANX-06-01)
CITY COUNCIL AGENDA: October 9, 2006
Page -2-
B. COUNCIL BILL 18-2006 - AN ORDINANCE ANNEXING TO THE
CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN
AS LOT 8, ARVADA RIDGE, LOCATED IN JEFFERSON COUNTY
(CASE NO ANX-06-01)
C. COUNCIL BILL 21-2006 - AN ORDINANCE PROVIDING FOR THE
ESTABLISHMENT OF PLANNED INDUSTRIAL DEVELOPMENT
ZONING ON PROPERTY LOCATED EAST OF 10619 W 50TH
AVENUE (CASE NO WZ-06-01)
D. & E. A REQUEST FOR THE APPROVAL OF A FINAL
DEVELOPMENT PLAN AND PLAT WITH A RIGHT-OF-WAY
VACATION FOR PROPERTY ZONED PLANNED COMMERCIAL
DEVELOPMENT LOCATED AT 10619 W 50TH AVENUE (CASE NOS
WZ-06-01, MS-06-05 AND WV-06-01/COORS)
Item 4.
COUNCIL BILL 25-2006 - AN ORDINANCE AMENDING THE CODE OF
LAWS TO CHANGE REFERENCES TO "ANIMAL - PARKS CODE
ENFORCEMENT OFFICER" OR "APCO OFFICER" TO READ
"COMMUNITY SERVICE OFFICER" OR "CSO".
Item 5.
COUNCIL BILL 26-2006 - AN ORDINANCE AMENDING CHAPTER 13,
ARTICLE Ill, SECTIONS 41 THROUGH 60 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING ABANDONED VEHICLES AND
TOWING
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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a Newsletter ~ -"l M
October 2006 fffJCW;;H if.
On Tuesday, October 10th at 7 30 PM we'll I) 6 t ,1: h' t
gather in out freshly painted (all the outside J\ i OJ our I S 01'~---------
trim) red brick museum, Not only the farm The Wheat Ridge Historical Society was
house but also the post office trim is now founded in August 1974 To celebrate
pristine white! A beautiful job Colorado s Bi-Centennal in 1976 the members
organized a small demonstration in Historical
Park every Saturday - sheep-shearing, horse
shoeing, pickle making, lace making, bread
baking, etc. The list was extensive. The events
were published in the local paper but attendance
was sometimes only a hand-ful of people, The
next year it was decided to do just a few large
events - an Antique and Collectible Sale, a
Good Old Days Pot-Luck Picnic, and a Novem-
ber Bazaar On the first Saturday of September
1984 a Barter Day was held and everyone
brought fruit, vegetables, and needle work to
barter for When the Bungers donated an apple
cider press to the Historical Society, the first
Cider Making Day was held on the second
Saturday in October - advertized. "Bring Your
Apples - Use Our Old Cider Press, "
And thus was born our Apple Cider Day This
year there is a dearth of apples - Shall we cel-
ebrate the turn of the seasons with an old-
fashioned Barter Day? What ever we call it,
there will be the smell of wood smoke from the
Soddy stove, our vintage cider press, scrubbed in
readiness, and music willfill the air Come in
your calico and apron, your britches and braces
for a taste of Autumn you will long remember
"Our street names have been changed, re-
named, given back their old names and even
moved." From Phil Goodstein s interesting
book "Denver Streets - Names, Locations,
Logic, " Denver 1994 Charlotte will share
some favorite portions of this book about
streets, Why they were named and for whom -
famous people, trees, states, Indian tribes, etc,
In some places the same street might have had
an many as ten different names as it continued
in the same direction. .,
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in h<'L.r 6o.tk~r;>. T'!Ans Cl,rft, Wl~Q;.Y)Y~ -to tClk2. i:t ;>Cl~r1 ~i.s mrnt~
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CITY OF WHEAT RIDGE, COLORADO
September 25, 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p m Councilmembers
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz,
Mike Stites, and Terry Womble Also present: Deputy City Clerk, Christa Jones; City
Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl,
Director of Parks & Recreation, Joyce Manwaring; Chief of Police Dan Brennan, staff; and
interested citizens.
APPROVAL OF MINUTES OF September 11, 2006
Motion by Mrs. Sang for approval of the Minutes of September 11, 2006, seconded by Mr
Womble and Mrs. Rotola, carrj,:~d 7-0 with Mr Schulz abstaining
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio read Proclamations for
Physical Therapy Month - October 2006 - accepted by Jennifer Anderson
Family Tree's 30th Anniversary 1976-2006 - accepted by Sharon Harper
CITIZENS' RIGHT TO SPEAK
Bob Lopez, 4785 Dover Street, asked for volunteers to sell bricks for the All Veterans
Memorial and enhance the program as a whole,
Allan Evans, 5081 Garrison Street, stated there is a need for sidewalk construction in
the City of Wheat Ridge and asked that this be put into our budget in incremental steps.
APPROVAL OF AGENDA
Motion by Mr, Stites asked to add Items 5 and 6 to the Agenda
Item 5,
RESOLUTION 46-2006 - APPROVING THE JOINT FUNDING OF THE
1-70/32ND AVENUE INTERCHANGE IMPROVEMENT PROJECT IN AN
AMOUNT NOT TO EXCEED $3.275M.
Item 6,
RESOLUTION 47-2006 - APPROVING AN APPLICATION FOR A
$3,000,000 LOAN FROM THE COLORADO STATE INFRASTRUCTURE
BANK FOR PARTIAL FUND OF IMPROVEMENTS TO THE
INTERSTATE 70 AND 32ND AVENUE INTERCHANGE.
Seconded by Mrs. Sang, carried 8-0
CITY COUNCIL MINUTES September 25, 2006
Page -2-
ORDINANCES ON FIRST READING
Item 1,
COUNCIL BILL 25-2006 - AN ORDINANCE AMENDING THE CODE OF
LAWS TO CHANGE REFERENCES TO "ANIMAL-PARKS CODE
ENFORCEMENT OFFICER" OR "APCO OFFICER" TO READ
"COMMUNITY SERVICE OFFICER" OR "CSO"
Council Bill 25-2006 was introduced on first reading by Mrs Sang
Motion by Mrs, Sang to approve Council Bill 25-2006 on first reading, order it published,
public hearing set for Monday, October 9,2006 at 7'00 p.m in the City Council
Chambers, and that it take effect 15 days after final publication, seconded by Mr
Womble, carried 8-0
Item 2,
COUNCIL BILL 26-2006 - AN ORDINANCE AMENDING CHAPTER 13,
ARTICLE Ill, SECTIONS 41 THROUGH 60 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING ABANDONED VEHICLES AND
TOWING
Council Bill 26-2006 was introduced on first reading by Mrs, Sang
Motion by Mrs Sang to approve Council Bill 26-2006 on first reading, order it published,
public hearing set for Monday, October 9, 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
and Mrs Rotola, carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 3,
RESOLUTION 44-2006 - APPROVING AN AMENDMENT TO THE
INTERGOVERNMENTAL COOPERATION AGREEMENT WITH
JEFFERSON COUNTY CONCERNING THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.
Resolution 44-2006 was introduced by Mrs Rotola Deputy City Clerk read the
executive summary
Motion by Mrs Rotola to adopt Resolution 44-2006, seconded by Mrs. Sang,
carried 8-0
CITY COUNCIL MINUTES September 25, 2006
Page -3-
Item 4.
RESOLUTION 45-2006 - A RESOLUTION IN OPPOSITION TO
PROPOSED AMENDMENT 38 TO THE COLORADO CONSTITUTION
(also known as the "Petitions Amendment") CONCERNING
COLORADO'S INITIATIVE AND REFERENDUM PROCEDURES.
Resolution 45-2006 was introduced by Mr Schulz. Mr Schulz read the Resolution into
the record,
Motion by Mr Schulz to adopt Resolution 45-2006, seconded by Mrs Sang, carried 8-0
Item 5,
RESOLUTION 46-2006 - APPROVING THE JOINT FUNDING OF THE
1-70/32ND AVENUE INTERCHANGE IMPROVEMENT PROJECT IN AN
AMOUNT NOT TO EXCEED $3.275M
Resolution 46-2006 was introduced by Mr Stites. He read the executive summary
Motion by Mr Stites to approve Resolution 46-2006, seconded by Mr Gokey and Mrs
Adams, carried 8-0,
Item 6.
RESOLUTION 47-2006 - APPROVING AN APPLICATION FOR A
$3,000,000 LOAN FROM THE COLORADO STATE INFRASTRUCTURE
BANK FOR PARTIAL FUND OF IMPROVEMENTS TO THE
INTERSTATE 70 AND 32ND AVENUE INTERCHANGE.
Resolution 47-2006 was introduced by Mr Stites He read the executive summary
ty1otion by Mr Stites to approve Resolution 47-2006, seconded by Mr Schulz and Mrs,
Adams, carried 8-0
Motion by Mr Stites to go into Executive Session for a conference with the City
Attorney, City Manager, Parks and Recreation Director and appropriate staff under
Charter Section 5 7(b)(3) and Section 24-6-402(4)(a), C R.S , specifically to consider
the results of a real estate appraisal. I further move to return to the open meeting at the
close of the executive session for the purpose of taking any formal action deemed
necessary; seconded by Mrs Sang and Rotola, carried 8-0
Meeting adjourned to executive session at 7 31 p.m.
EXECUTIVE SESSION WAS HELD
CITY COUNCIL MINUTES September 25, 2006
Page -4-
Public Meeting reconvened at 7.50 p,m,
Motion by Mr. Schulz to authorize Jefferson County Open Space to proceed with
additional due diligence for the purpose of acquiring the Wilson property, located at
4315 Van Gordon, seconded by Mrs. Rotola, carried 7-1 with Mrs. Sang voting no
CITY ATTORNEY'S MATTERS
Mayor DiTullio stated that he had asked the City Attorney to address two issues that
had come up One was the creation of committees by the Mayor's Office and also just
voting on ties, as we are coming closer to budget time.
Mr Dahl stated that both items are addressed by the Charter. Charter addresses the
creation of boards and commissions and gives the authority to create boards and
commission exclusively to the Council by either Ordinance or Resolution depending on
whether or not it's a regular board and commission or an advisory board, The Charter
is silent and he has done case law research in past years to determine where the
Charter is silent, can committees, advisory committees, be appointed by other than the
Council The case law is such that the answer is yes, unless the Charter said the only
body to create any kind of board, commission or committee other than the Council itself,
is the Council, it doesn't say that. In his opinion it does not preclude the Mayor from
appointing an advisory committee or a short term committee of whatever nature, if that
committee is not a board or commission within the terms of the Charter or the Code
The Mayor's tie breaking role is defined in the Charter The Charter says the Mayor
shall vote in the case of a tie vote of the Council except in the case of adoption or
amendment of the budget. Just because money is involved does not mean the Mayor
does not break a tie
ELECTED OFFICIALS' MATTERS
Mayor DiTullio explained that the reason he asked the City Attorney to look into these
matters, is that he is looking at creating an ad hoc committee sometime in January to
look at infrastructure, road construction and trails The committee could consist of 4
Councilmembers and 3 citizens. There would be some staff support from Public Works
and Parks We could take a look at the 100 Million Dollars worth of Public Works
projects in the City including storm water and come up with a comprehensive plan and
the committee could make recommendations to Council They could rank some of
these projects and look at funding mechanisms
He reminded Council that October 30 is our joint meeting with Lakewood It will be the
same format as the Arvada meeting
CITY COUNCIL MINUTES' September 25, 2006
Page -5-
Councilmembers expressed their thanks and appreciation to staff for all the hard work
that had gone into holding the successful Open House on September 14, 2006
They were also complimentary to staff and outside agencies for all the cooperative
ongoing work toward the Cabelas project.
Mr Gokey stated that either this Councilor the next Council will need to look at some
Charter changes, such as higher density levels, building heights, full vote for the Mayor
Meeting adjourned at 8 17 P m,
-
l~, A l'-~-~-\ \j" '\""y/=:;
Christa Jones, Deputy City Clerk
,
APPROVED BY CITY COUNCIL ON OCTOBER 9, 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.
41
CITIZENS' RIGHT TO SPEAK
DATE: Oc tober 9, 2006
ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF
THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF
COUNCIL.
EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME,
ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT!!!!!!!!
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NAME ADDRESS S XlV;" \ J;"" TOPIC
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- -_._-------_._-------_._._~---- -- - -.-- -- --
DATE:
October 9, 2006
GENERAL AGENDA ITEM COMMENT ROSTER
ANY PERSON MAY SPEAK CONCERNING ANY AGENDA ITEM. 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.
PLEASE PRINT 111111
NAME
ADDRESS
AGENDA ITEM NO.
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA I'l'EM NO. 2
PUBLIC BEARING BEFORE '1'BE WHEAT RIDGE CITY COUNCIL
TITLE:
CASE NO. COUNCIL BILL NO.
2007 PROPOSED BUDGET AND CAPITAL INVESTMENT PROGRAM
PLEASE PRIST YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CI'l'Y OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO. #3 B
PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO. ANX-06-0 1
COUNCIL BILL NO. 18-2006
TITLE:
AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY
KNOWN AS LOT 8. ARVADA RIDGE. LOCATED IN JEFFERSON COUNTY.
PLEASE PRINT YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CI'rY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO. # 3 C.
PUBLIC HEARING BEFORE 'l'BE WHEAT RIDGE CITY COUNCIL
CASE NO. WZ-06-o1
COUNCIL BILL NO. 21-2006
TITLE:
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF PLANNED INDUSTRIAL
DEVELOPMENT ZONING ON PROPERTY LOCATED EAST OF 10619 W. 50th Ave.
PLEASE PRlI!I'1' YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO. # 4
PUBLIC BEAIUBG BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
TITLE:
COUNCIL BILL NO. 25-2006
AN ORDINANCE AMENDING THE CODE OF LAWS TO CHANGE REFERENCES TO "ANIMAL-
PARKS CODE ENFORCEMENT OFFICER" or "APCO OFFICER" TO READ "COMMUNITY
SERVICE OFFICER" or "CSO".
PLEASE PRINT YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE!
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITllM NO. #5
PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
COUNCIL BILL NO. 26-2006
TITLE:
AN ORDINANCE AMENDING CHAPTER 13. article III, sections 41 through 60
OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ABANDONED VEHICLES AND TOWING.
PLEASE PRII!1'l' YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
RESOLUTION NO. 2006-1
Wheat Ridge 2020, Inc.
WHEREAS, Wheat RIdge 2020, Inc. ("WR 2020" or the "Corporation"); is a
non-profit corporation organized and existing under the laws of the State of Colorado.
pnmanly for the purpose of fostering community and economIC development in and for
the Clt) of Wheat Ridge (the "Cit) "), and
WHEREAS, the CorporatlOn's Board ofDlreetors ("Board") have reviewed and
conSidered pending legislatIOn proposed by Wheat Ridge CIty Council identified as City
of Wheat RIdge Colorado ResolutIon No. 39. Senes 2006 ("Resolution"); and
WHEREAS, the ResolutIOn calls for two ballot questions concerning the
Colorado Taxpayer's Bill of Rights Act ("TABOR") specifically identified under Article
X, SectIon 20(8) which Imposes certain revenue hmltations upon the CIty. and ArtIcle X,
SectIOn 20 (3) whIch permIts local districts, such as the CIty. to request the hmits set III
Article X, Section 20 (8) to be set aside, and
WHEREAS, prOVISIOns of TABOR hmlt the CIty" s ability to ralse or spend
revenue. based upon a calculatIOn that conSIders the value of net new construction plus
the mcrease of mflation. and requires the City to return such revenue received in excess
of this calculation; and
WHEREAS, the City has exceeded its TABOR revenue limit for fiscal year 2005.
by $54,409.00: and
WHEREAS, under TABOR. the CIty must refund excesses to the taxpayers of the
CIty. or ask voters through a ballot question to keep the excess revenues; and
WHEREAS, The City. has presented the following two ballot questions pursuant
to the authority vested in it by the Colorado ConstitutIOn ArtIcle X, Section 20(3) and
SectIOn 31-11-111 (2). C.R.S., to the regIstered electors of the CIty at the November 7,
2006 general election:
Wheat Ridge Ballot Question No.1:
SHALL THE CITY OF WHEAT RIDGE, COLORADO BE
ALLOWED TO RETAIN $54,409 IN REVENUES FROM FISCAL
YEAR 2005 WHICH EXCEEDS THE CITY'S APPLICABLE
REVENUE BASE FOR THAT YEAR UNDER ARTICLE X
SECTION 20 OF THE COLORADO CONSTITUTION. SUCH
REVENUE TO BE USED FOR THE PURPOSES OF PARKS
AND RECREATION?
Wheat Ridge Ballot Question No.2:
WITHOUT INCREASING OR ADDING ANY NEW TAXES OF
ANY KIND AND FOR THE PURPOSES OF
A) POLICE PROTECTION,
B) STREET CONSTRUCTION, REPAIR AND
MAINTENANCE,
C) PARKS AND RECREATION, TRAILS AND OPEN
SPACE,
D) CAPITAL PROJECTS; AND
E) OTHER BASIC MUNICIPAL SERVICES
AND WITHOUT WAIVING ANY OF THE FOLLOWING
CONSTITUTIONAL LIMITATIONS:
. VOTER APPROVAL OF ALL NEW TAXES AND TAX
RATE INCREASES,
. VOTER APPROVAL FOR NEW OR ADDITIONAL DEBT;
. NO IMPOSITION OF A NEW REAL ESTATE TRANSFER
TAX,
. ALL ELECTION REQUIREMENTS REMAIN IN EFFECT,
SHALL THE CITY OF WHEAT RIDGE, COLORADO, BE
PERMITTED TO RETAIN AND SPEND THE FULL AMOUNT
OF THE CITY'S TAXES AND OTHER REVENUE COLLECTED,
INCLUDING ALL REVENUE RECEIVED IN 2006 AND EACH
SUBSEQUENT YEAR, WITHOUT REGARD TO ANY
REVENUE OR EXPENDITURE LIMITATIONS INCLUDING
THOSE CONTAINED IN ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION?
WHEREAS, the CorporatlOn believes that these two ballot imtiatlves will have a
positive impact for the City, providmg resources towards Parks, Infrastructure, Capital
Projects, and Community Services that will foster positive community and economIc
development opportunIties for the City; and
NOW, THEREFORE, BE IT RESOLVED by Wheat Ridge 2020. Tnc.. as
follows;
1 That the recitals set forth above are incorporated herein by reference.
') That the CorporatIOn supports the two ballot questions as presented by the CIty
:; That the Corporation believes that the adoption and approval of the ballot questions by
the Voters of Wheat Rldge will provide resources to the CIty that will enable positive
communIty and economlC development.
CERTIFICATION
L , Secretary of the CorporatIOn do hereby certify
that the foregomg is a true and correct COpy of the Resolution of the Board of Directors of
Wheat Ridge 2020, Inc. passed at a duly convened meeting of the said Board on the
day of , 2006. Board members present and voting were
as follows
Board Member
Brian DeLaet
Kevin Hood
Demse Waddell
Terrell Williams
Tom Abbott
Karen Adams
Karen Berry
Dewey Bndge
Kim Calomino
Curtis Gilmore
Pam Goff
Ron K1efel
Jim Payne
Carol Salzmann
Don Seyfer
Van Wedgwood
Cheryl Wise
Vote
of
IN WITNESS WHEREOF, I hereunto set my hand and seal on thIS
,2006
day
Secretary
ITEM NO: i.A
REQUEST FOR CITY COUNCIL ACTION
/"':"$~'
IijIJ J
COUNCIL MEETING DATE
October 9,2006
TITLE:
AWARD OF RFB-06-49 TREE PLANTING SERVICES TO DAVEY
TREE AND LAWNCARE, IN THE TOTAL AMOUNT OF
$28,845.00
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 Man~r
EXECUTIVE SUMMARY:
The award ofRFB-06-49, Tree Planting Services, will utihze funds received from CIRSA (Colorado
Intergovernmental Risk Sharing Agency) In the amount of$28,845.00 to replace dead trees from the
March snowstorm of 2003 The award of thIS contract meets Goal 1 CreatIng A SustaInable City
Government, Objective 1. Well-MaIntaIned City Facilities and Infrastructure,
On September 19, 2006 two bids were receIved, The apparent low bIdder was Davey Tree &
Lawncare Inc. of Denver, Colorado in the total amount of $26,600 00. They met all of the bid
requirements,
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
Due to the snowstorm of March 2003, the Denver Metro area, mcluding Wheat Ridge, sustained
consIderable damage and high mortalIty rates for trees, An assessment of the damage was performed
in the City of Whcat Ridge Parks by Forestry Section Staff and the mformation was sent to CIRSA,
$28,845 was awarded to the City of Wheat Ridge to replant a portion of the trees III the park system,
Due to drought conditions, 2003 staff reductions and spring workload, tree replacement planting
contract was not scheduled prior to this tIme.
AL TERNA TIVES CONSIDERED:
Deny award to Davey Tree and Lawncare for RFB-06-49, Tree Planting Services in the amount of
$26,600
FINANCIAL IMPACT:
The funds for this project are appropnated m account 01-604-700-704 in the Forestry Section budget
of the Parks Maintenance Division, The cost ofthe project IS $26,600,00 with a contingency amount
of $2,245 00 for a total cost of $28,845 00,
RECOMMENDED MOTION:
"I move to award RFB-06-49, Tree Plantmg Services, to Davey Trec and Lawncare of Denver,
Colorado m the total amount of$28,845 00 to be charged to account 01-604-700-704"
or,
"I move to deny award of RFB-06-49, Tree Plantmg Service, to Davey Tree and Lawncare, for the
followmg reason( s) "
Report Prepared by.
Reviewed by'
Rick Murray, Parks, Forestry and Open Space Manager
Joyce Manwanng, Parks and RecreatIOn Director
Lmda Tnmble, Purchasing Agent
Attachments:
1 Bid Tabulallon Sheet
061009 RFB.06-49 tree and lawm:arc lAF.doc
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ATTACHMENT 1
ITEM NO:
d.
REQUEST FOR CITY COUNCIL ACTION
P~j~~
--- '/$~ !
~~~i 011
COUNCIL MEETING DATE
October 9,2006
TITLE:
PUBLIC HEARING ON THE PROPOSED 2007 BUDGET
IZJ PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Datc'_)
o ORDINANCES FOR 2ND READING
Quasi-Judicial.
IZJ
No
City~Q.J'1
EXECUTIVE SUMMARY:
Sections 10 7 and 10 9 of the Wheat Ridge City Code reqUire that a public hearing on the proposed
budget be held before its final adoptiOn and that the budget be adopted by resolution on or before the
final day (December 15,2006) established by statute for the certification of the next year's tax levy to
the county, A public hearing has been scheduled for the October 9, 2006 City Council meeting to
receive input from citizens on the budget Adoption ofthe 2007 Budget has been scheduled for the
October 23,2006 City Council meeting. The proposed 2007 Budget includes $24,489,712 III expenses
III the General Fund, not including transfors, $5,061,000 III expenses in the Capital Investment
Program (CIP) Fund and $4,266,703 in expenses in the Special Revenue Funds, for a total budget of
$33,817,415,
The proposed 2007 Budget is available for review at the following locations
Wheat Ridge Library
5475 W 32 Avenue
Wheat Ridge Community/Senior Center
6363 W 35th Avenue
Wheat Ridge Recreation Center
4005 KiplIng Street
Wheat Ridge City Hall
City Clerk's Office
7500 W 291h Avenue
The 2007 Proposed Budget is also available for purchase for $10 00 from the City Clerk's OUice
and a summary of the budget and a PowerPoint presentation of the budget IS available for review
at www ci.wheatndge.co,us,
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
The 2007 budget process started in Apnl of 2006 with a City CouncIl strategic planmng retreat to
review and update the City's viSIOn and goals, The Wheat Ridge ViSIOn 2020 is,
Wheat Ridge is a Family Onented Residenlial Community with a range of Quality
Homes, mixed use Urban Villages and Quality Retail servmg ourresldents and servmg
as umque regIOnal destinalions, Our residents have Great Access to Denver and the
mountains, enJoy an Active Lifestyle, share Small-Town Values and take Pride m Our
Commumty Wheat Ridge A Great Place to Live!
Wheat Ridge's goals for 2011 are:
1 Creatmg a Sustamable 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
In June and agam m July, City CouncIl held a publIc meetmg to allow cllizens to provide mput
on the budget. The proposed 2007 Budget was distributed to City Council and made aVailable
to the public on September 22nd. On October 2nd, staff presented the proposed 2007 Budget
to City CounCil at a budget retreat. A publIc hearing IS scheduled for the October 9, 2006 City
Council meetmg and adoplion of the 2007 Budget is scheduled for October 23,2006
AL TERNA TIVES CONSIDERED:
None
FINANCIAL IMPACT:
None
RECOMMENDED MOTION:
None
Report Prepared by:
Reviewed by.
Patnck Goff, Deputy City Manager
Randy Young, City Manager
Attachments:
1 Budget Summary by Fund
~
Revel/I/es & Expel/ditl/res SI/mmary
BI/dget SI/mmary By FI/I/d
BUDGET SUMMARY BY FUND
Beginning Funds Fund
Balance + Revenues Expenses Balance
Awilable
(1/1/07) (12/31/07)
Operating Funds
General $7,626,431 + $27,289,712 $34,916,143 $27,289,712 $7,626,431
Total Operating Funds $7,626,431 + $27,289,712 $34,916,143 $27,289,712 $7,626,431
Fund Balance Percentage 279%
Capital Funds
Capital Investment Program $2,609,017 + $3,060,000 $5,669,017 $5,061,000 $608,017
Total Capital Funds $2,609,017 + $3,060,000 $5,669,017 $5,061,000 $608,017
Special Revenue Funds
Police Investigation $15,060 + $100 $15,160 $15,000 $160
Open Space $222,471 + $1,002,000 $1,224,471 $964,727 $259744
Municipal Court $8,680 + $63,500 $72,180 $60,250 $11,930
Richards Hart Estate $61,457 + $59,400 $120,857 $65,000 $55,857
Sen ior $21,178 + $11,700 $32,878 $30,000 $2,878
Conservation Trust $117,405 + $384,000 $501,405 $450,000 $51,405
Hotel/Motel $88,837 + $290,000 $378,837 $359,032 $19,805
Recreation Center Operations $2,268,783 + $2,088,212 $4,356,995 $2,322,694 $2,034,30 I
Total Special Revenue Funds $2,803,871 + $3,898,912 $6,702,783 $4,266,703 $2,436,080
Total Operating Funds $7,626,431 + $27,289,712 $34,916,143 $27,289,712 $7,626,431
Total Capital Funds $2,609,017 + $3,060,000 $5,669,017 $5,061,000 $608,017
Total Special Revenue Funds $2,803,871 + $3,898,912 $6,702,783 $4,266,703 $2,436,080
(Less Transfers) $0 + ($2,800,000) ($2,800,000) ($2,800,000) $0
GRAND TOTAL $13,039,319 + $31,448,624 $44,487,943 $33,817,415 $10,670,528
ATTACHMENT 1
45
ITEM NO:
3.A
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE
October 9,2006
TITLE:
RESOLUTION 48-2006 - A RESOLUTION MAKING CERTAIN
FINDINGS OF FACT REGARDING THE PROPOSED
ANNEXA TION OF A PARCEL OF LAND LOCATED IN SECTION
16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF
COLORADO. (CASE NO. ANX-06-01.)
o PUBLIC HEARING
o BIDS/MOTIONS
[3J RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date' _)
o ORDINANCES FOR 2ND READING
Quasi-JudIcIal: 0 ~
'{es No
dL /Jtj .
Commulllty Development DIrector
~C\...J
CIty Mana~ 1
EXECUTIVE SUMMARY:
An annexatIOn petItIon was submItted to the CIty on April 28, 2006 by owners of certaIn property
SItuated generally west of MIller Street and north of 50th Avenue, consIstIng of approxImately three
and one-half acres, and referred to as Lot 8, Arvada RIdge. The MunICIpal AnnexatIon Act establIshes
the procedures for annexation ofumncorporated temtory by a mUnICIpalIty The proposed resolutIOn
establIshes the findings of fact regardIng the elIgibIlIty of thIS property for annexatIOn, All of the
reqUIrements for annexatIOn under the MUnICIpal AnnexatIOn Act have been met.
CounCIl adopted a plan for this area on May 22, 2006 as part afthe ComprehenslVe Plan Addendum.
Approval ofthls annexatIOn Implements Council's goals of prepanng for growth and opportumlJes and
creatIng a strong partnership between the CIty and commumty by followmg through on the IGA WIth
Arvada,
COMMISSION/BOARD RECOMMENDATION:
None. Only the Council acts upon annexatIOn petItIOns,
STATEMENT OF THE ISSUES:
Coors Brewmg Company has submitted an annexation pel1tIOn along w1th an Outlme Development
Plan, Final Development Plan, and Final Plat w1th a nght-of-wayvacatlon. rfC1ty Council approves
the annexation, under the Mumc1pal AnnexatIOn Act, the City 1S reqmred to zone the property w1thin
90 days. The zomng request and the Outline Development Plan are scheduled to be heard immediately
after the annexatlon and th1S requirement for zoning will be met.
AnnexatIOn of the parcel fulfills an obhgatlon the CIty agreed to m an mtergovemmental agreement
with the CIty of Arvada concemlllg the Arvada RIdge development.
The decIsIon to annex a property is a legislative decIsion of CIty Council. For this annexatIOn request,
the 1/6 cont1gmty requirement is met. There IS a plan III place for the area to be annexed. The
petitIOners represent more than 50% ofthe landowners ownmg more than 50% ofthe land proposed
for annexatIOn. There is a commumty of interest between the C1ty and the land to be annexed, the area
IS surrounded by urban development and likely w1ll be urban Itself III the near future, and the area IS
capable ofbelllg Illtegrated wIth the CIty. The annexation will not extend the boundary of the CIty
more than three miles, The area meets the annexatIOn eligibihty reqmrements established III the
Mumcipal AnnexatIon Act.
AL TERNATIVES CONSIDERED:
The City Council has two optIOns to conSIder'
I Adopt a motlon adoptlllg the resolutIOn.
2, Adopt a motlon denymg the resolutIOn.
FINANCIAL IMPACT:
The annexatIOn of the property WIll create an 1mmed1ate responsib11Ity of the CIty to prov1de polIce
protection, thus Illcumng some financial Impact whIch IS not known, although the City currently
provIdes service to the plant and the addltlonal service provISIOn costs should be mmlmal. There w1l1
not be any sales tax generated by the annexed parcel. Property tax revenue w1l1 mcrease shghtly as a
result ofthe annexatIOn, The C1ty will receIve one-time fees for annexatIOn, zomng, and engmeenng
reVIew
RECOMMENDED MOTION:
"r move to adopt ResolutIOn No 48-2006, making findmgs of fact regardmg the Lot 8, Arvada RIdge
annexatIon,"
U \An Fi\es\Projects\Annexations\CAF Findings Resolution Coors. doc
Or,
"I move to deny adoptlOn of ResolutlOn No 48-2006,"
Report Prepared by: Alan White, Community Development Director
Reviewed by:
Attachments:
Resolution No. 48-2006.
U.\All Files\Projects\Annexations\CAF Findings Resolution Coors.doc
CITY OF WHEAT RIDGE CITY COUNCIL
Resolution No. 48
Series of 2006
TITLE:
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT
REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND
LOCATED IN SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON,
STATE OF COLORADO.
WHEREAS, an annexatIOn petitIon was filed WIth the City requestmg the annexatlOn of
certam unincorporated temtory located m the County of Jefferson and State of Colorado,
otherwise known as Lot 8, Arvada fudge (Coors Glass Plant), and hereafter described m Exhibit
A whIch IS attached hereto and made part hereof; and
WHEREAS, smd petItIOn was forwarded to the City Council; and
WHEREAS, the CIty Council ofthe City of Wheat RIdge, Colorado, found substantial
compliance of saId petition WIth c.R.S, SectlOn 313-12-107; and
WHEREAS, the City Council of the CIty of Wheat RIdge, Colorado, conducted a publIc
heanng as required by law to determme the elIgibility for annexatlOn of that property described m
attached Exhibit A; and
WHEREAS, publIc notice of such publIc heanng was gIven as required by law; and
WHEREAS, the publIc hearing on saId annexation was conducted m accordance WIth the
requirements of the law; and
WHEREAS, pursuant to C.R,S, Section 31-12-110, the City Council, slttmg as the
govemmg body of the City of Wheat Ridge, Colorado, IS reqmred to set forth its findings of fact
and ItS conc1uslOn as to the eligibilIty of that property described m attached Exhibit A for
annexatlOn to the CIty of Wheat RIdge
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
Section 1. A plan for that area encompassmg the property described on attached Exhibit A has
been adopted by the CIty Counel1 pursuant to C,R.S, Section 31-12-105(1)( e)
Section 2. Not less than one-sIxth of the penmeter ofthe area proposed to be annexed as
described on attached Exhibit A IS contiguous WIth the eXlstmg boundanes of the CIty of Wheat
RIdge as reqmred by law.
I:\Comdev\REPORTS\Coors Annexation findings A TT A CHMENT 1
Resolul1on No, 48-2006
Page 2
Section 3. A commumty ofmterest exists between the area proposed to be annexed as described
on attached Exhibit A and the City of Wheat RIdge and that the area will be urbanized m the
near future.
Section 4. The area proposed to be annexed as described on attached Exhibit A IS mtegrated or
capable ofbemg integrated with the CIty of Wheat Ridge.
Section 5. The limItations of the MumcIpal Annexation Act and the Constitution of the State of
Colorado do not prevent the annexation of the subject property of any part thereof smce:
a, No land in the temtory to be annexed which is held m Idenl1cal ownership and conSIsts
of either a smgle tract or parcel, or two or more conl1guous tracts or parcels has been
divided or portIOn thereof excluded from the area to be annexed without the wntten
consent of the owners thereof;
b No land m the temtory to be annexed whIch IS held m IdentIcal ownershIp and
comprises twenty (20) or more acres, having an assessed valuation for ad valorem tax
purposes m excess of $200,000 00 in the year next precedmg the annexatIOn, has been
mcluded m the area to be annexed WIthout the wntten consent of the landowners,
c. no proceedmgs have been commenced by another mUnICIpality for the annexatIon of
all or part of the temtory to be annexed by the CIty of Wheat RIdge, and
d. the annexatIOn will not result m the detachment of the area from the school dIstnct in
whIch It IS currently located.
Section 6. The pel1tIon for the annexatIOn of that real estate described on attached Exhibit A
meets the requirements oflaw and IS m proper order for annexation for the property proposed to
be annexed as described m attached Exhibit A.
Section 7. No electIOn is reqUIred pursuant to C.R. S, SectIOn 31-12-107(2) or any other law of
the State of Colorado or the City of Wheat Ridge
Section 8. The proposed annexatIOn Will not have the effect of extending a mUlllclpal boundary
more than three miles m any directIon from any pomt of the CIty boundary m anyone year.
Section 9. The entire Width of any street or alley to be annexed IS mcluded wIthm the
annexatIOn.
Section 10. The property described on the attached Exhibit A IS eligible for annexation to the
CIty of Wheat RIdge and all reqUIrements oflaw have been met for such annexatIOn, mcludmg
the requirements ofC.R.S Section 31-12-104 and 31-12-105, as amended.
Section 11. An ordmance annexmg that property described on attached Exhibit A to the City of
I:\Comdev\REPORTS\Coors Annexation findings res. doc
Reso1utlOn No, 48-2006 Page 3
Wheat R1dge shall be consIdered by thIS CIty Council pursuant to C,R,S. Section 31-12-111.
RESOLVED AND PASSED thIS
day of
,2006
JERRY DITULLIO, MAYOR
ATTEST
Pamela Y. Anderson, CIty Clerk
J:\Comdev\REPORTS\Coors Annexation findings res. doc
ITEM NO:
3.e,
REQUEST FOR CITY COUNCIL ACTION
COUNCil., MEETING DATE'
October 9,2006
TITLE:
COUNCIL BILL 18-2006 - AN ORDINANCE ANNEXING TO THE
CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY
KNOWN AS LOT 8, ARV ADA RIDGE, LOCATED IN JEFFERSON
COUNTY. (CASE NO. ANX-06-01)
~ PUBLIC HEARING
o BIDS/MOTlONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (August 28,2006)
~ ORDINANCES FOR 2ND READING
Qu"'-~ ~
o
No
Commumty Development Director
Clty~~
EXECUTIVE SUMMARY:
Under the Mumclpal AnnexatIOn Act, the annexatIOn of property to a mumclpalIty must be
accomplIshed by ordmance, AdoptIon ofthe ordmance on second will accomplIsh the annexatIOn of
Lot 8, Arvada RIdge for whIch an annexatIon petItIon was submItted to the CIty on Apnl 28, 2006
ThIS City CounCIl actIOn IS related to Goal 2 of the StrategIc Plan of plannmg for growth and
opportunitIes and Goal 3 for establishmg a strong partnership between the CIty and the commumty
COMMISSION/BOARD RECOMMENDATION:
None, Only CIty CounCIl acts upon annexation petItIOns,
STATEMENT OF THE ISSUES:
Under the Mumcipal Annexation Act, the CIty IS reqUIred to zone the property wlthm 90 days of
adoptIOn ofthc anncxatlOn pel1tIOn. The rezomng request and Outlme Development Plan will be acted
on ImmedIately after the annexatIOn actIOn so that thIS requirement will be met. CIty CounCIl will also
deCIde upon a Fmal Development Plan and plat WIth a nght-of-way vacatIOn, Plannmg CommISSIOn
reVIewed and recommended approval of the plannmg documents (zone change and Outlme
Development Plan, Fmal Development Plan and plat) on July 20,2006
The decIsion to annex a property IS a leg1slatIVe decislOn of C1ty Council. The 1/6 contiguity
requirement is met. The pehhoner represents more than 50% of the landowners owmng more than
50% ofthe land proposed for annexatlOn. The area is surrounded by urban development and the area
1S capable ofbemg mtegrated with the City. The area meets the annexation eligibility requirements
established in the Mumc1pal AnnexatlOn Act.
AL TERNATIVES CONSIDERED:
The C1ty Councll has two options to conSider with the ordinance:
1, Adopt a mohon to adopt the ordmance.
2. Adopt a mohon to table the ordmance indefimtely.
FINANCIAL IMPACT:
The mmexation of the property will create an nnmed1ate responsibility of the City to proVide police
protectIOn, GIVen the small size of the property, th1S should not be a substanhal burden. The City will
receive property tax revenues generated by the Improvements on the property One-hme fees for
annexahon, zomng and the review of other documents were submitted with the land use process
applJcatlOn,
RECOMMENDED MOTIONS:
"1 move to approve CounCil Bill No 18-2006, an ordmance annexmg to the City of Wheat RIdge
umncorporated temtory located in Jefferson County and that It take effect Immediately upon
adoptlOn, "
OR
"1 move to deny Council Blll No, 18-2006, an ordmance annexmg to the City of Wheat Ridge
unmcorporated temtory located in Jefferson County"
Report Prepared by' Meredith Reckert (303-235-2848)
ReViewed bY' Alan White
Attachments:
1 Council Bill No 18
2, AnnexatlOll Map
2
INTRODUCED BY COUNCIL MEMBER SCHULZ
Council Bill No. 18-2006
Ordinance No.
Series of 2006
TITLE:
AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE
UNINCORPORATED TERRITORY KNOWN AS PARCEL 8,
ARV ADA RIDGE LOCATED IN JEFFERSON COUNTY
WHEREAS, pursuant to the laws of the State of Colorado there was presented to
the City Council of the City of Wheat RIdge, Colorado, a written petition for annexation
to the City of Wheat Ridge that property described in attached Exhibit A, being
contiguous unincorporated territory contIguous to the City and lying the County of
Jefferson, State of Colorado (the property); and
WHEREAS, the Property is further described on the Annexation Map attached
hereto as Exhibit B; and
WHEREAS, the PetItIOner constitutes more than fifty percent (50%) of the
owners, and owmng more than fifty percent 50% of the Property; and
WHEREAS, the CIty Council has conducted a public hearing following publIc
notIce as required by law to determine the eligibility for annexation of the Property; and
WHEREAS, the City Council has satisfied Itself concerning the elIgibility for
annexatIon of the Property, and concerning the conformance of the proposed annexation
to the applicable law and the annexation policy ofthe City; and
WHEREAS, the City Council hereby finds that the Property is eligible for
annexatIon to the City and that the proposed annexatIOn conforms wIth applIcable law
and the annexation policy ofthe City,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. The annexation to the City of Wheat RIdge, Colorado, of that
Property described in attached Exhibit A, lying m the County of Jefferson, State of
Colorado, meets all requirements of law and the annexation polIcy of the City of Wheat
RIdge, and the same is hereby approved and made effective.
Section 2. Zonmg of the Property shall be accomplished within the time
established by C.R,S. 31-12-115 and the procedures established by the Home Rule
Charter and Code of Laws of the City of Wheat Ridge,
Section 3. Immediately upon completion of the filing reqUIred by Section 5
hereof, the annexation shall be effective and the Property shall become subject to the
ATTACHMENT 1
1
laws of the State of Colorado pertallllllg to cities and to the Charter and all ordinances,
resolutions, rules and regulations of the City of Wheat Ridge.
Section 4. One copy of the Annexation Map, together with the anginal of this
Ordinance, shall be filed in the office of the City Clerk.
Section 5. The CIty Clerk shall file for recording three certified copies of this
Ordinance and the Annexation Map with the Clerk and Recorder of the County of
Jefferson, State of Colorado.
Section 6. ThIs Ordinance shall become effective upon adoption on second
reading, as permitted by Section 5.11 ofthe Home Rule Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to
~ on thIS 28t\liayof August ,2006, ordered published in full in a newspaper of
general circulatlOn III the City of Wheat Ridge and Public Hearing and consideration on
final passage set for October 9 ,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
readlllg by a vote of ~ to , this day of , 2006,
SIGNED by the Mayor on thIS
day of
,2006.
JERRY DITULLIO, MAYOR
ATTEST
Pamela Y Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
15t publication: Augus t 31, 2006
2nd publication:
Wheat Ridge Transcript
Effective Date:
2
EXHIBIT A
LEGAL DESCRIPTION
LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE,
ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND
ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE
EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE
6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION TO BEAR SOUTH 00012'10"EAST, WITH ALL BEARINGS CONTAINED
HEREIN, RELATIVE THERETO; THENCE SOUTH 44055'39"WEST, 1876.58 FEET
TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE-
QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE
HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE
FOLLOWING TWO COURSES'
(1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE-
QUARTER OF SAID SECTION 16, NORTH 00012'10"WEST, 1317.66 FEET TO THE
SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER
OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE ONE-
QUARTER OF THE NE ONE-QUARTER, NORTH 00012'52"WEST, 260.14 FEET TO
THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN
RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO
STATE BOARD OF LAND COMMISSIONERS R.O.W. NO. 1062,
THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG
SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74040'27"EAST,
31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS
PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF-
WAY LINE THE FOLLOWING NINE COURSES:
(1) SOUTH 00012'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE
LEFT HAVING A DELTA OF 19030'44", A RADIUS OF 570.00 FEET AND AN ARC
OF 194.12 FEET; (3) THENCE SOUTH 19043'36"EAST, 105.94 FEET; (4) THENCE
ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19031'26", A RADIUS
OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH
00012'10"EAST, 236,62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT
HAVING A DELTA OF 17039'50", A RADIUS OF 730.00 FEET AND AN ARC OF
225.05 FEET; (7) THENCE SOUTH 17027'39"WEST, 164.38 FEET; (8) THENCE
ALONG A CURVE TO THE LEFT HAVING A DELTA OF 17039'56", A RADIUS OF
670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH Ooo12'10"EAST,
51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE-
QUARTER,
THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER
STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID SE ONE-
QUARTER OF THE SE ONE-QUARTER, SOUTH 00013'02"EAST, 278.59 FEET TO
THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE
NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT
HAVING A DELTA OF 105054'04", A RADIUS OF 50.00 FEET AND AN ARC OF
92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON THE
NORTHWESTERLY LINE OF THE PUBLIC SERVICE COMPANY EASEMENT, AS
DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS BOOK
10, R.O.W NO, 1049 AND THE BOUNDARY OF SAID RIDGE HOME
ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION
BOUNDARY THE FOLLOWING TWO COURSES:
(1) SOUTH 73052'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID SE ONE-
QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE
OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 00013'02"WEST,
353,22 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS
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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.
ITEM NO:
3.t
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE-
October 9, 2006
TITLE:
COUNCIL BILL 21-2006 - AN ORDINANCE PROVIDING FOR
THE ESTABLISHMENT OF PLANNED INDUSTRIAL
DEVELOPMENT ZONING ON PROPERTY LOCATED EAST OF
10619 W. 50TH AVENUE (CASE NO. WZ-06-01)
[8J PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
Qll~i-J~ ~
D ORDINANCES FOR 1ST READING (August 28,2006)
[8J ORDINANCES FOR 2ND READING
D
No
Commumty Development DIrector
c,ry~4
EXECUTIVE SUMMARY:
The applIcant, Coors Brewmg Company, requests establIshment of Planned Industna1 Development
zomng and approval of a PID Outlme Development Plan for property located east of 10619 W 50th
Avenue. ThIS property IS under conslderatlOn for annexatlOn to the CIty (Case No. ANX-Ol-O 1) The
CIty of Wheat RIdge agreed to annex thIS property as part of an Intergovernmental Agreement WIth the
CIty of Arvada. Under the Mumclpal Annexatlon Act, the property must be zoned wlthm 90 days of
the annexatlOn,
The Outlme Development Plan accompames the rezonmg ordmance and sets allowable uses and
development standards, A Fmal Development Plan and plat WIth a street nght-of-way vacatlon IS
bemg conSIdered concurrently WIth the annexatlOn and zonmg.
ThIS City Council actlOn IS related to Goal 2 of the StrategIC Plan of planmng for growth and
opportumtles and Goal 3 for establIshmg a strong partnershIp between the CIty and the commumty
COMMISSION/BOARD RECOMMENDATION:
Planning CommlsslOn reVIewed thIS request at a publIc heanng held on July 20, 2006 A
recommendatlOn of approval was gIven for the followmg reasons.
1 The proposed zomng IS compatible WIth eXlstmg development and zomng on the west SIde of
Miller Street.
2. The proposed zoning and Outlme Development Plan will facilItate cIrculatIon and loadmg
Improvements on the eXIsting plant sIte.
3 All requirements for an Outlme Development Plan have been met.
4 The applIcatlOn meets the requirements ofSectlOn 26-112D of the Code of Laws.
With the followmg condltlOns
I, Corrections to the legal description be made prior to City Council.
Other than the applIcant, there was no one present to speak for or agamst the request.
The reqUIred legal descnption correctIon was made.
STATEMENT OF THE ISSUES:
In 2005, as part ofthe Arvada RIdge development m the CIty of Arvada, Miller Street was relocated to
the east. The parcel of land between "old" and "new" Miller Street was purchased by Coors. The
mtent of the zonmg actIOn will allow the assemblage of the new parcel WIth the eXlstmg glass plant
parcel to help cIrculatIOn and delIvery for the plant whIch prevIously occurred on Miller Street.
This actIOn will fulfill the commItment made to the CIty of Arvada m the lOA for the Arvada RIdge
development.
ALTERNATIVES CONSIDERED:
Do not approve the zone change,
FINANCIAL IMPACT:
The CIty wIll receIve property tax revenues generated by the Improvements on the property. One-
tIme fees for annexal1on, zomng and the revIew of other documents were submItted WIth the land
use process applIcatIOn,
RECOMMENDED MOTION:
"1 move to approve CounCIl BIll No 21-2006, Case No WZ-06-01, a request for establIshment of
Planned IndustrIal Development zonmg on property located east of 10619 W 50th Avenue and for
approval of an Outlme Development Plan for the followmg reasons
1 The proposed zoning IS compatible WIth eXlstmg development and zomng on the west Side
of Miller Street.
2, The proposed zonmg and Outlme Development Plan will facilItate cIrculation and loaumg
Improvements on the eXlstmg plant site.
3 All reqUIrements for an OutlIne Development Plan have been met.
2
4. The applicatIOn meets the reqUIrements of SectIOn 26-112 D of the Code of Laws."
OR
"I move to deny Council Bill No, 21-2006 and therefore deny Case No WZ-06-01, a request for
establIshment of Planned Industnal Development zomng on property located east of 10619 W. 50th
Avenue and for approval of an Outlme Development Plan for the following reasons:
1
2
3"
Report Prepared bY' MeredIth Reckert (303-235-2848)
Reviewed by: Alan WhIte
Attachments:
1. Council Bill No. 21-2006
2 Planning ComIlllSSIOn report wIth exhibIts
Request for City Council Action-report form
3
INTRODUCED BY COUNCIL MEMBER Sr.H1TT 7.
Council Bill No. 21-2006
Ordinance No.
Series of 2006
TITLE:
AN ORDINANCE ESTABLISHING PLANNED INDUSTRIAL
DEVELOPMENT ZONING ON PROPERTY UNDER
CONSIDERATION FOR ANNEXATION LOCATED EAST OF
10619 W. 50TH A VENUE AND FOR APPROVAL OF AN OUTLINE
DEVELOPMENT PLAN (CASE NO. WZ-06-01)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT'
Section 1. Upon application by Coors Brewing Company for establishment of
Planned Industnal Development zoning and for approval of an Outline Development Plan
for property located east of 10619 W 50th A venue and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the Wheat Ridge
City Council, establIshment of Planned Industrial Development zoning and an Outlme
Development Plan are approved for the following described land:
LOT 8 AND THE RIGHT-OF-WAY FOR MILLER STREET, AS PLATTED IN
ARV ADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF,
LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6T P,M" COUNTY OF JEFFERSON, STATE OF
COLORADO.
Section 2. Vested Property Rllmts. Approval of thIS zone change and Outline
Development Plan does not create a vested property right. Vested property rights may
only arise and accrue pursuant to the provIsions of Section 26-121 of the Code of Laws of
the City of Wheat Ridge,
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the pubhc
and that this ordinance is necessary for the preservatIOn of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the ordinance bears a ratIOnal relation to the proper legislative object sought to be
attained,
Section 4. Severability. If any clause, sentence, paragraph, or part ofthis
Zoning Code or the application thereof to any person or circumstances shall for any
reason be adjusted by a court of competent jurisdictIon invalid, such Judgment shall not
affect application to other persons or circumstances,
ATTACHMENT 1
Section 5. Supersession Clause, If any provision, requirements or standard
established by this Ordinance IS found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are m
existence as of the date of adoption of this Ordmance, the prOVIsions, requirements and
standards here shall supersede and prevail.
Section 6. Effective Date. This Ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7
to 0 on thi~8 th day of Augus t , 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 October 9 ,2006, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of _ to , this day of , 2006,
SIGNED by the Mayor on this
day of
,2006
JERRY DITULLIO, MAYOR
ATTEST:
Pamela Y Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
l5t publicatIon: August 31. 2006
2nd publication:
Wheat Ridge Transcript
Effective Date:
2
TO' Planning Commission
vJ!:
CASE MANAGER. M. Recker!
July 20, 2006
DATE OF MEETING
CASE NOS
WZ-06-0l, MS-06-05, WV-06-01
ACTION REQUESTED'
Estabhshment of zoning, Outline Development Plan, Final
Development Plan and Plat wIth a right-of-way vacation
LOCATION OF REQUEST, 10619 W 50th Avenue and unaddressed property directly to the
east
APPLICANT/OWNER:
Coors Brewing Company
APPROXIMATE AREA,
Zomng (2,55 acres), ODP (28 74 acres), FDP (28 74 acres), Plat
(28,82 acres)
PRESENT ZONING
Planned Industrial Development and property located in
unmcorporated Jefferson County
COMPREHENSIVE PLAN: Planned Business/Industnal Parks
ENTER INTO RECORD:
(X)
(X)
(X)
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULATIONS
(X)
(X)
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
LocatIOn Map
ZONE
rHANGF
ODP/
FDP/
PLAT
R-O-W
VACATION
PlanningCo!l1I1ilssion ATTACHMENT 2
Case No WZ-06-01, MS-06-05,
I. REQUEST
ThIS applIcatIOn IS a three-fold request for property located in and adjacent to the Coors
Glass Plant facilIty at 10619 W. 50th Avenue. Separate motions will be reqUIred for each
component ofthe request. The specIfic requests are as follows:
I Establishment of zonmg on property located m umncorporated Jefferson County
and approval of an amended Outline Development Plan for the existmg Coors
Glass Plant facilIty and the umncorporated property
2. Approval of a Final Development Plan for the eXIstmg Coors Bottling Plant
facilIty and the umncorporated property
3 Approval of a Final Plat for the eXIstmg Coors Glass Plant facilIty and the
unmcorporated property WIth a right-of-way vacatlOn for "old" Miller Street.
The intent ofthese actions will allow the assemblage ofthe new parcel WIth the eXIsting
facilIty parcel to enhance circulatIon and delIvery for the plant which prevIOusly occurred
on Miller Street. There IS also a small buildmg expanSlOn of around 1000 s,f. bemg
provIded for by the amended development plans,
The property between old and new Miller Street IS currently in the process ofbemg
annexed mto the CIty of Wheat R1dge. Plannmg CommISSIOn does not have jUnSdIctIon
to gIve a recommendatIOn on the ments of the annexatIOn but IS reqUIred to give
recommendatIOn on the other land use requests,
See applIcant's explanatIOn of the requests (Exhibitl, applic~tl~{t~}D\
II. CASE HISTORY
The Coors glass plant property was ongmally brought mto the CIty when Wheat RIdge
was mcorporated m 1969. There were a senes of amended development plan approvals
from 1977 through 2002, the most recent of whIch allowed forreconfiguratIOn ofthe
th "";-'.:",. ': ,,--.. "i~':::'''':''''''f':''i'.),,' :":"-:'~,:':'-' ,
entrance and parkmg area off W. 50 Avenue. fEX1ii9It,2~yJ(~stg~g;,q.~yeI9JH.ii~};ltpl.at1).
To the east IS property located m the CIty of Arvada developed as the "Arvada RIdge"
project, a regional mIxed-use development contammg 56 acres, The development
Improvements mc1uded the relocatIon and constructIon of new Miller Street and W 50th
Avenue extending from K1plmg to Miller The area located between old Miller and the
eastern SIde of new Miller Street was dIsconnected from the City of Arvada m August of
2005 The property was platted as part ofthe Arvada RIdge development approval and
Coors purchased the area disconnected by Arvada, In an mtergovemmental agreement
WIth Arvada, Wheat R1dge agreed to annex thIS dIsconnected parcel and mcorporate It
into the eXlstmg glass plant development.
III. NEIGHBORHOOD MEETING
Planning Commission
Case No WZ-06-01, MS-06-05, WV-06-0l/Coors Bottling Plant
2
A meetmg for nel~hb?rho~d mputwas held onJanu~ry 17, 2006 (E~nl~it'3i~
NeiglJ.b.orhooq :Meeting:;R~g<lpillid;l3,xhi])it4,AttimdiwoeLisO.
IV. OUTLINE DEVELOPMENT PLAN
The OutlIne Development Plan typically accompanies a zone change request on a
property and set allowable uses and development standards, It is typically general m
nature and serves as a basIc bluepnnt for development of the property. In thiS case, the
applIcant is requestmg Outline Development Plan approval to mcorporate the new parcel
ofland into the eXlstmg glass plant development. (Exhibit5,ProposedOutline
Development PlilrI)
Uses permitted in the planned development are glass manufacturing, warehousmg and
other ancillary uses to the manufactunng,
The outlme development plan IS also used to establish design parameters includmg
maximum building height, mllllmum landscaped coverage and mmlmum perimeter
setbacks as depicted III the table below.
onp
30'
5' or 30' when adjacent to r-o-w
15'
50'
50%
20%
Consistent With SectIOn 26-501
Consistent With SectIOn 26-503
Consistent With SectIOn 26-603
Consistent With VII of Cha ter 26
The eXisting zoning and development code reqUIres commercIal properties to have 20%
landscaped coverage, This ODP proposes no change to that standard, The buildmg
height maximum for new structures IS 50' Setbacks reqUIred are consistent With
commerCial zone dlstncts m the zonlllg and development code. The ODP refers back to
the Code of Laws for all other standards such as fencmg, parkmg, and slgnage,
All reqUIrements for a Planned CommerCial Development Outline Development Plan
have been met.
ZONING EVALUATION CRITERIA
Planning Commission
Case No. WZ-06-01, MS-06-05, WV-06-01lCoors Bottling Plant
3
Staff has the following comments regarding the cntena used to evaluate establIshment of
a zonmg dlstnct on the property:
1. That the existing zone classification currently recorded on the official zoning
maps of the City of Wheat Ridge is an error.
The offiCIal zonmg map IS not in error. The parcells not shown WIthin the CIty lImIt of
the City of Wheat RIdge. Once all required actIons are completed, the zonmg maps WIll
have to be amended to reflect the new alignment for Miller Street, the zomng on the
property and the new city boundary
2. That a change in character in the area has occurred due to installation of
public facilities, other zone changes, new growtb trends, deterioration, or
development transitions, and tbat the evidence supports the finding of the following.
The general trend m thIS immedIate neIghborhood IS towards more commercIalization of
propertIes. The propertIes to the north, west and south are eIther manufactunng facilitIes
or office/warehouse uses. While the Arvada Ridge development to the east IS pnmarily
retail sales, office and restaurant uses, the portIOn of the structure which faces Miller
Street IS the delIvery area with numerous loadmg docks, The proposed zone change WIll
be compatible WIth development and growth trends m the ImmedIate area,
3. That the change of zone is in conformance, or will bring the property into
conformance, with the City ofWbeat Ridge comprehensive plan goals, objectives
and policies, and other related policies, and other related policies or plans for the
area.
The ComprehensIve Plan was recently amended to mclude this area as part of the City's
urban growth area, On the Future Land Use Map the property IS deSIgnated as Planned
Business/Industnal Parks, Planned Busmess/Industnal Parks IS defined as land located
north of 1-70 WIth easy access to the mterstate or other transportation modes, These
developments reqUIre shIppmg or delIvenes by semi-trucks and should be well planned,
DeSIrable uses mclude lIght manufactunng, assembly research and development facilItIes
and offices and sUPPortmg uses, Staff concludes that the proposed zone dIstnct of
Planned Industnal Development IS supported by the ComprehenSIve Plan, (EXhibIt ();
Future La:r!-q.Us~1v,fap)
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 property IS surrounded on all SIdes by mdustnal, office/warehouse and commercIal
uses, The expanded property boundaries of the Coors glass plant will be compatible WIth
the surrounding development. ReconfiguratIon ofthe eastern loadmg area of the glass
plant IS a much needed traffic safety Improvement.
Planning Comrmssion
Case No WZ-06-01, MS-06-05, WV-06-01lCoors Bottling Plant
4
5. That there will be social, recreational, physical and/or economic benefits to
the community derived by the change of zone.
There will be physIcal benefits to the travelmg publIc as cIrculal10n and loadmg on the
plant sIte wIll be Improved. The site IS bemg enhanced on the east sIde by a landscaped
buffer adjacent to new Miller Street.
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 responding agencIes have indicated that they can serve the property Any addItional
upgrades to infrastructure WIll be at the cost of the applIcant.
7. That the change ofzone will not adversely affect public health, safety or
welfare by creating excessive traffic congestion, creating drainage problems, or
seriously reducing light and air to the adjacent properties.
The health, safety and welfare of the traveling publIc and employees and customers of the
glass plant and the Arvada RIdge development to the east WIll be posItIvely impacted
WIth the new loadmg configuratIOn, There should be no impact on dramage, or the
amount of lIght and aIr to adjacent property
8. That the change of zone will not create an isolated or spot zone district
unrelated to adjacent or nearby areas.
Spot zonmg IS not a concern as the adjacent propertIes are zoned commerCIal and
mdustrial. The zone change IS m conformance WIth the ComprehenSIve Plan.
V. FINAL DEVELOPMENT PLAN
Attached IS a Fmal Development Plan whIch addresses both the loadmg area
reconfig~ratlOn and a small addItIOn to bUlldmg 25. (E:l@1:ht7;prOP9~edF'iftal
Dyyeiopmynt.flap.):
Page 3 of the planset best depIcts the modIficatIOn to bUlldmg 25. ThIS addItIOn IS
compnsed of 1092 square feet of floor area and IS shown as "Area 1" at the southeast
comer of the structure. Page 5 shows the elevatIOns ofthe addItIOn whIch are consIstent
WIth the constructIOn style and matenals used on the eXlstmg plant bUlldmg.
Planning Commission
Case No WZ-06-01, MS-06-05, WV-06-01lCoors Bottlmg Plant
5
The additIOn of a portion of Lot 8 of Arvada Ridge mcreases the total lot area by 2.55
acres. The Improvements on Lot 8 are eXlstmg and functIOn as the mam loadmg area for
the glass plant on the east side of the Miller Street warehouse The improvements are
compnsed of asphalt pavement, curbmg and landscapmg, To access the loadmg area,
vehicular traffic moves north along Miller Street until Just past W 50th Avenue where the
street branches mto a "Y" configuratIOn. Traffic either veers to the east to contmue north
on "new" Miller Street or turns left mto the new curb cut that transll10ns mto "old" Miller
Street, now the loadmg area for the eastern warehouse, Traffic eXll1ng the loadmg area
must follow the same path out.
The loadmg area and "new" Miller are separated by a large landscaped Island. The
landscape plan for thiS new area IS shown on page 6 of the planset. Accordmg to the
development agreement for Arvada Ridge, a total of the eqmvalent of 104 mches of tree
cahper IS to be mamtamed on thiS property ThiS would mclude the preserval10n of a
large willow tree on the south end ofthe "Island" The landscape plan presented m the
planset meets Arvada's reqmrements, However, a visual mspectlOn of the property has
revealed that much of the plant matenal has died and Will have to be replaced, A
penmeter fence IS shown on the FDP but the architectural matenals are not specified,
Staff concurs with the City of Arvada that any new fencmg should be of an upgraded
matenal (solld wood or wrought iron) and has mcluded this as a condll1on of approval.
The followmg table compares the standards estabhshed on the ODP and those provided
on the FDP
Development standard Required by ODP Provided by FDP
Setbacks
Front: 30' Complies
Sides: 5' or 30' when adjacent to row
Rear: 15'
Building Height 50' Compiles
(new structures onlv)
Max. Building Coverage 50% 37.75%
Landscaping 20% 37.89%
Parking Consistent With Sec 26-501 Compiles
Lighting Consistent With Sec 26-503 Compiles
Fencing Consistent With Sec 26-603 Compiles
Sign age Consistent With Article VII of Compiles
Chapter 26
Staff concludes that the proposed Final Development Plan comphes With all mmimum
standards of the proposed Outlme Development Plan, All reqmrements for a Planncd
Commercial Development Final Development Plan have been met.
Planning Commission
Case No WZ-06-01, MS-06-05, WV-06-01lCoors Bottling Plant
6
VI. FINAL PLAT
The applIcant is requestmg approval of a Final Plat which consolidates the existmg
bottlmg plant site with Lot 8 of the Arvada Ridge development and vacates the "old"
Miller Street nght-of-way which IS 30' m Width. Pursuant to SectlOn 26-118 of the
zonmg and development code, nght-of-way vacatlOns can occur by plat document
without the need for a separate vacatlOn ordmance.
An addltlOnal tract has been created, the ownership of which will be transferred to the
property owner to the north. ThiS unbuildable tract IS contlguoustothe Esco parsel and
has been mcorporated mto thelI entrance drive/parkmg area. (E~h!b!t8, FmafPlat).
The plat establIshes typical utility easements around the penmeter There are numerous
utihty hnes located m "old" Miller Street. A blanket utllIty easement Will be reqmred for
maintenance of these facilIties.
New Miller Street was prevlOusly dedicated to the City of Wheat Ridge by separate
document.
PublIc Works has reviewed the most recent verSlOn of the plat document and IS reqUlring
changes to the technical content ofthe document includmg easement IdentificatlOn and
legal descnptlOn work, These correctlOns must occur pnor to the City CounCil publIc
hearmg,
All other regulations and standards of Article IV of the Code of Laws have been met.
RIGHT-OF-WAY VACATION CRITERIA
Before a street nght-of-way vacation IS approved, the followmg findmgs of fact must be
made:
1. That the proposed vacation will not leave any adjoining land without access to
an established public right-of-way.
Access to the properties Impacted by the vacatlOn IS not compromised as new Miller
Street has been bmIt and dedicated to the City of Wheat fudge. Both Impacted properties
(Coors Bottlmg plan and Esco) have access to new Miller Street With connection
Improvements already completed.
2. That the proposed vacation is in conformity with the most recently enacted
goals and policies of the transportation section of the current comprehensive
plan of the City of Wheat Ridge.
Planning Commission
Case No WZ-06-01, MS-06-05, WV-06-0IlCoors Bottling Plant
7
As part ofthe Arvada RIdge Development, 50th Avenue was constructed from Klplmg
west where It transItIons into Miller Street to the south, The connectIOn with Miller
contmumg south WIll provIde a contmuous route for frontage road traffic between Ward
and Kiplmg. Miller IS a collector and has been realIgned to the east to proVIde addItIOnal
room for truck maneuvering for the glass plant. These movements prevIOusly occurred m
the Miller Street nght-of-way VacatIOn of the old Miller Street r-o-w does not
negatIvely impact the goals of the Comprehensive Plan.
3. That the proposed vacation will not have a negative impact on the
infrastructure of the City of Wheat Ridge.
All existmg utility lInes WIll remain m the area bemg vacated as nght-of-way.
4. That adequate easements have been reserved for use and/or maintenance by
the city or other utility agencies.
Adequate easements will be reserved for eXlstmg utilItIes lfthe staff recommended
conditIOn IS mcluded m the motIon for approval.
VlI. AGENCY REFERRALS
All eXlstmg agencIes and utilIty compames are currently servmg the property Any
reqUIred upgrades will be at the expense of the property owner
Ditch Companies: The affected dItch companies have revIewed changes to the proposed
documents relatIVe to the current dItch configuratIOns, The applIcant must contmue
workmg WIth them to resolve any Issues.
Xcel Energy: Has mdlcated no problems WIth the zomng, development plans or plat.
Any facility relocations would need new easements. TheIr standard language has been
mcluded on page one of the plat document.
Valley Water District: Currently has a looped water mam located m W 50th Avenue
and "old" Miller Street. A 30' WIde easement will be reqUIred for the line In vacated
Miller Street.
Public Works Department: Has revIewed and approved the ODP and FDP documents,
The Final Plat needs content and techmcal correctIOns whIch must occur pnor to CIty
CounCIl publIc hearing,
City of Arvada: The FDP approved by Arvada for Arvada RIdge !Deluded a tree
preservatIOn and replacement plan for Lot 8 The reqUIrement was reflected in the
recorded development agreement for the Arvada RIdge SubdIVISIOn. Any fenCIng
adjacent to new Miller should be of an upgraded vanety such as solId wood or decoratIve
wrought Iron,
Planning Commission
Case No. WZ-06-01, MS-06-05, WV-06-01lCoors Bottling Plant
8
Jefferson County: The proposal is consIstent wIth the North Plams Commumty Plan.
VIII. STAFF CONCLUSION AND RECOMMENDATION
ZONING AND OUTLINE DEVELOPMENT PLAN
The proposed zoning on the property IS consistent with zonmg and land uses in the area
and wIth the desIgnatIon on the addendum to the Comprehensive Plan. There wIll be a
publIc benefit denved from the reconfiguration to the glass plant loadmg area. Because
all reqUIrements for a Planned Industnal Development Outlme Development Plan have
been met, a recommendation of approval is gIven for the zoning and Outlme
Development Plan document.
FINAL DEVELOPMENT PLAN
The proposed Improvements to the bottlmg plant will have posItIve Impact on sIte
effiCIency and vehIcular safety m the area. The FDP IS consIstent with the standards
establIshed m the ODP and all reqUIrements for a Final Development Plan have been met.
Therefore, a recommendatIOn of approval WIth condItIons is gIven as outlined m the
recommended motIon.
FINAL PLAT
A Fmal Plat IS required to consolIdate the existing Coors Glass plant parcel WIth the area
obtamed from the Arvada RIdge development. Old Miller IS no longer needed for publIc
cIrculatIOn purposes, Because the vacatIOn cntena are supportive of the request, a
recommendatIOn of approval WIth condItions IS gIven as out1med m the recommended
motion,
IX. RECOMMENDED MOTIONS
There are three requests, and each will require a separate motion.
ESTABLISHMENT OF ZONING AND OUTLINE DEVELOPMENT PLAN
OptIon A:
"I move to recommend AFPROV AL of Case No WZ-06-01, a request for establIshment
of Planned 1ndustnal Development zonmg on property located to the east of 10619 W.
50th Avenue and for approval of an Outlme Development Plan for the Coors Glass Plant
for the followmg reasons'
1 The proposed zonmg IS compatible WIth eXlstmg development and zomng on the
west SIde of Miller Street.
2, The proposed zOnIng and Outlme Development Plan will facilItate cnculatlOn
and loadmg improvements on the eXlstmg plant SIte,
3 All reqUIrements for an Outlme Development Plan have been met.
Planning Commission
Case No WZ-06-01, MS-06-05, WV-06-0J/Coors Bottling Plant
9
4. The applIcatIOn meets the reqUIrements of SectIOn 26-112 D of the Code of Laws,
With the followmg conditIOn:
1, Corrections to the legal descnptlOn be made pnor to CIty Counci1."
Option B,
"I move to recommend DENIAL of Case No, WZ-06-01, a request for establishment of
Planned Industnal Development zoning on property located to the east of 10619 W, 50th
Avenue and for approval an Outline Development Plan for the Coors Bott1mg Plant for
the followmg reasons:
1.
2,
3"
FINAL DEVELOPMENT PLAN
OptIOn A:
"I move to recommend APPROVAL of Case No, WZ-06-01, a request for approval of a
Planned Industnal Development Final Development Plan on property located at 10619
W, 50th Avenue for the followmg reasons.
I The proposed Improvements to the boltlmg plant WIll Improve cIrculation and SIte
effiCIency
2. The proposed Improvements will have a posItive Impact on vehIcular safety m the
area,
3. The proposed Final Development Plan IS conSIstent WIth the underlymg Outlme
Development Plan,
4 All reqUIrements for a Final Development Plan have been met.
WIth the followmg conditIOns,
1 Plant material on Lot 8 whIch has dIed be replaced pnor to document recordmg.
2. ArchItectural materials for the proposed penmeter fence should be wood or
wrought Hon,
3 Corrections to the legal descnpl10n be made pnor to CIty Counci1."
OptIOn B'
"I move to recommend DENIAL of Case No. WZ-06-01, a request for approval of a
Planned Industnal Development FIllal Development Plan on property located at 10619
W 50th Avenue for the followmg reasons:
I
2.
3 "
Planning Cormrussion
Case No WZ-06-01, MS-06-05, WV-06-01lCoors Bottling Plant
10
FINAL PLAT
OptlOn A,
"I move to recommend APPROVAL of Case No, MS-06-05, a request for approval of a
Flllal Plat on property located at 10619 W 50th Avenue wIth a nght-of-way vacatIon for
the followmg reasons,
1. The nght-of-way is no longer needed for public street purposes,
2, The evaluatlOn cntena for nght-of-way vacatIons support approval of the request.
With the followmg condItIons
1 A blanket utilIty easement be provIded across the vacated Miller Street nght-of-
way
2 All technical requirements and correctlOns to the plat document be made prior to
City CouncIl."
Option B:
"I move to recommend DENIAL of Case No MS-06-05, a request for approval of a Fma!
Plat on property located at 10619 W 50th Avenue with a nght-of-way vacatIon for the
followmg reasons.
1
2.
3 "
Planning Commission
Case No WZ-06-0J, MS-06-05, WV-06-01lCoors Bottling Plant
11
--
B'
::I~L~
Coors Brewing Company
Golden, Colorado 80401-0030
April 24, 2006
Community Development Dep~ent
CIty of Wheat fudge
7500 West 29th Avenue l
Wheat fudge, Colorado 80033
Re' Annexation
Land Use Case Processing Applicatiolf
Zomng and Outlme Development Plan
Final Development Plan & Plat
T
Ladles and Gentlemen,
Coors Brewing Company (Coors) IS submitting thIS ApplIcatIon WIth respect to a parcel
of land adjacent to the Coors Glass Plant property (10619 W, 50th Avenue, Wheat Ridge)
Coors IS seekmg to annex a land pa,rcel (hereinafter referred to as "Lot 8"), together WIth
a "abandoned" portion of Miller Street, into Wheat Ridge, and to m~lude Lot 8 and that ,-
portion of Miller Street wlthm the Coors Glass Plant property.
Coors mtent and purpose in acqumng Lot 8 and a portIon of the former Miller Street
alIgnment, IS to create a buffer zone between vehicle operations on the east SIde of ItS
Glass Plant Warehouse and the general vehicle traffic on Miller Street, as realIgned. The
development of the Arvada RIdge complex (immedIately East of the Coors Glass Plant
property) provIded a umque opportunIty to resolve what has been a long-standmg traffic
concern, trucks accessmg the Glass Plant Warehouse dock doors were forced to pull onto
Miller Street, blocking traffic and creatmg a hazard as they maneuvered to alIgn WIth the
docks. With the antIcipatIOn of addItIonal traffic on MIller Street resu1tmg from the
Arvada RIdge development, vehicle aCCIdents were only a matter of tIme, The
acqUISItIOn of Lot 8 and the relocation of Miller Street now allow for the ummpeded
movement of traffic on Miller Street, and at the same tIme an umestncted truckmg
operatIon wlthm the Glass Plant property
To reach thIS objective Coors has purchased Lot 8, paid for ItS portIon of the realIgnment
costs for Miller Street, sought the de-annexatIOn of Lot 8 and the appropnate portIOns of
Miller Street (old and new) from the CIty of Arvada, and now WIshes to annex those
same parcels mto the City of Wheat fudge. Coors also seeks the approval of an Outlme
Development Plan, a Fmal Development Plan, and Amendment No 7 to Filmg No 1
Coors Planned IndustrIal Development. (please note that mcluded wlthm thiS
Amendment No 7 IS a new buildmg addItIOn as well as the Miller Street re-alIgnment.)
EXHIBIT 1
SubmItted wIth tbis letter are' 1) Land Use Case Processmg ApplIcatIOn; 2) A check in
the amount of $10,00000; 3) copy of the recorded deed from Coors Contamer Company
to Adolph Coors Company; and 4) copy of a Quit ClaIm Deed (re minerals) from L.D.L.
Investment Company to Adolph Coors Company Coors belIeves (subject to correction)
that the Community Development Department is already in receIpt of, or IS concurrently
bemg furnIshed. A) a survey of the property; B) eVIdence of a neIghborhood meetmg; C)
appropriate legal descriptions for the property bemg zoned and platted, D) building
elevatlOns; E) suffiCIent copIes of the Outlme Development Plan document; F) sufficient
copies ofthe Final Development Plan document; G) suffiCIent copIes of the consolidatlOn
plat document. Coors IS also presentmg Wheat fudge WIth an annexatlon petltlon
together WIth appropnate copIes (4) of the annexation map document.
While Coors belIeves that it has provided the documents called for III terms of both the
annexatIOn request and the zomng, ODP, FDP and plat needs. Should there be a mlssmg
component or the need for further documentation, please do not heSItate to contact us
ImmedIately so that the concern may be agdressed m a timely manner As always, If
there are questions, please contact Mr Neil Jaquet (303277-2028) or Mr. Don
MacDonald (303277-3455).
Thank you for your consIderatIOn ofthese submIttals,
Donald W MacDonald
Manager, Real Estate
Coors Brewmg Company
Golden, Colorado 80401
Enclosures (inc. check no 7000378143)
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 29th Avenue
Wheat Ridge, Colorado 80033
303/ 235-2846 Fax: 303/235-2857
The City of
Wheat
Ridge
Date:
January 17, 2006
City Staff Present:
Meredith Reckert
Property address:
Second floor glass conference room, Wheat Ridge MuniCIpal
Building, 7500 W. 29th Avenue
Eastofl0619W. 50th Avenue
Location of meeting:
Property owner(s):
Coors, Unincorporated Jefferson County, CIty of Wheat Ridge
Property Owner(s) present?
Yes
Applicant:
Amy Danneil
Kamlet Shepherd
1515 Arapahoe St.
Denver, CO 80202
Neil Jacquet
Coors
POBox 4030
Golden, CO 80401
Don MacDonald
Coors
P.O. Box 4030
Golden, CO 80401
Dan Armagost
Rocky Mt. Bottle Co.
10619 W 50th Ave.
Wheat fudge, CO
Existing Zoning:
??
Comprehensive Plan Designation: Not currently shown on the CIty's ComprehensIve Plan future
land use map. An amendment to the plan WIll occur as an addendum. Subject property will be
deSIgnated BP (planned Busmess/Industnal Parks)
Existing Use/site conditions: Miller Street was recently realIgned to the east as part of the Arvada
fudge development at 50th and Kiplmg. The old nght-of-way for Miller Street and excess property
IS currently vacant.
Applicant's Proposal: AnnexatIOn of Lot 8 of the Arvada RIdge Development mto the CIty of
Wheat Ridge, mcludmg vacatIOn of former Miller Street alIgnment just east of RMBC The
property belllg annexed WIll be zoned Planned Industnal Development and wIll be mcorporated mto
the Rocky Mountam Bottle Company to be used for truck CIrculatIOn. The eXIstlllg nght-of-way for
Miller Street WIll be vacated by the CIty of Wheat RIdge.
Issues Discussed:
There were no representatives of the neIghborhood present.
EXHIBIT 3
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City of Wheat Ridge
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EXHIBIT 6
Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum
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.
ITEM NO' 3. Di E
.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE
October 9,2006
TITLE:
A REQUEST FOR THE APPROVAL OF A FINAL
DEVELOPMENT PLAN AND PLAT WITH A RIGHT-OF-WAY
VACATION FOR PROPERTY ZONED PLANNED
COMMERCIAL DEVELOPMENT LOCATED AT 10619 W. 50th
AVENUE (CASE NOS. WZ-06-01, MS-06-05 AND WV-06-
OllCOORS)
~ PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING
D ORDINANCES FOR 2ND READING
QU";-~ ~ ~
D
No
CommunIty Development Director
Clty~D.Jd
EXECUTIVE SUMMARY:
A Final Development Plan and plat are bemg requested for the Coors glass plant at 10619 W 50th
Avenue and the newly annexed portIOn ofthe Arvada fudge development. The mtent of these
actIOns wIll allow the assemblage of the new parcel WIth the eXlstmg facIlity parcel to enhance
cIrculatIOn and delIvery for the plant whIch prevIOusly occurred on Miller Street. A small bUlldmg
expanSIOn of around 1000 square feet is beIng proVIded for as well.
The plat approval mc1udes a right-of-way vacatIon for "old Miller" Street whIch was reconstructed
as part of the Arvada RIdge development.
Plannmg CommIssion reviewed these requests at a publIc heanng held on July 20, 2006 MotIOnS
were made to recommend approval ofthe Fmal Development Plan and plat mcludmg the vacatIOn of
the "old" MIller Street nght-of-way
ThIS CIty CounCIl actIOn IS related to Goal 2 of the StrategIc Plan of plannmg for growth and
opportumhes and Goal 3 for establIshmg a strong partnershIp between the CIty and the commumty
COMMISSION/BOARD RECOMMENDATION:
Plannmg CommIssIOn revIewed these requests at a publIc heanng held on July 20, 2006. A motIon
was made to recommend approval ofthe Final Development Plan for the followmg reasons.
1. The proposed Improvements to the bottling plant WIll improve CIrculatIOn and SIte
effiCIency
2 The proposed Improvements will have a POSItIve impact on vehIcular circulation III the
area.
3 The proposed Final Development Plan is consIstent with the underlymg Outlme
Development Plan.
4 All requirements for a Final Development Plan have been met.
With the followmg condItIons.
1 Plant material on Lot 8 whIch has dIed be replaced accordmg to the origmallandscape
plan pnor to document recording.
2. ArchItectural matenals for the proposed penmeter fence should be steel or wrought
Iron.
3 CorrectIOns to the legal descnptlon be made pnor to CIty CouncIl.
Plannmg CommIssIon also recommended approval ofthe final plat WIth nght-of-way vacatIon for
the followmg reasons:
1 The nght-of-way IS no longer needed for publIc purposes.
2. The evaluatIOn critena for a nght-of-way vacatIOn support approval ofthe request.
With the followmg condItions
I A blanket utIlIty easement be prOVIded across the vacated Miller Street nght-of-way
2. All technIcal requirements and correctIOns to the plat document be made pnor to CIty
Council.
There was no one m attendance from the publIc to speak to the requests.
CondItions relatmg to the legal descnptlOn and other technIcal reqUIrements have been corrected.
STATEMENT OF THE ISSUES:
In 2005, as part ofthe Arvada RIdge development m the CIty of Arvada, Miller Street was relocated to
the east. The parcel ofland between "old" and "new" Miller Street was purchased by Coors, The mtent
of the Final Development Plan, plat and street vacatIOn IS to allow the assemblage ofthe new parcel
WIth the eXIstmg glass plant parcel to help CIrculation and delivery for the plant whIch preVIOusly
occurred on Miller Street.
"
~
Pursuant to Code of Laws SectIOn 26-118., (RIght-of-way-vacatlOns), nght-of-way may be vacated by
either ordlllance or by plat. Because a three-fourths maJority vote (super maJonty) IS reqUIred in order
to vacate nght-of-way, the plat WIth the vacatIOn component must be approved by a super-maJonty
The plat document IS all-mc1usIve; separate actIOns are not required for the plat and the vacatlon.
These actIOns will fulfill the commItment made to the CIty of Arvada m the IGA for the Arvada Ridge
development.
AL TERNA TIVES CONSIDERED:
Do not approve these requests.
FINANCIAL IMPACT:
The CIty will receIve property tax revenues generated by the Improvements on the property. One-tIme
fees for annexatIon, zOlllng and the review of these documents were submitted WIth the land use
applIcatIOn.
RECOMMENDED MOTIONS:
FINAL DEVELOPMENT PLAN
OptIOn A.
"I move to approve Case No. WZ-06-01, a request for approval of a Planned Industrial
Development Fmal Development Plan for property located at 10619 W. 50th Avenue and vacant
land to the east for the followmg reasons.
I The proposed improvements to the bottlmg plant will Improve cIrculatIOn and sIte
efficIency
2. The proposed Improvements will have a posItIve Impact on vehicular CIrculatIOn III the
area.
3 The proposed Final Development Plan is consistent WIth the underlying Outlme
Development Plan.
4 All reqUIrements for a Final Development Plan have been met.
With the followmg condItIons.
1 Plant matenal on Lot 8 whIch has dIed be replaced accordmg to the ongmallandscape
plan pnor to document recordmg.
2 ArchItectural matenals for the proposed penmeter fence should be steel or wrought Iron."
OR
"I move to deny Case No WZ-06-0 1, a request for approval of a Planned Industnal Development
Fmal Development Plan for property located at 10619 W. 50th Avenue and vacant land to the east
3
for the followmg reasons:
1.
2."
FINAL PLAT
OptIOn A.
"I move to approve Case No. MS-06-05, a request for approval of a final plat for property zoned
Planned Industnal Development located at 10619 W. 50th Avenue and vacant land to the east WIth
a nght-of-way vacatIOn (Case No. WV -06-01) for the followmg reasons;
1 All reqUIrements of the SubdIvISIOn RegulatIOns have been met.
2. The right-of-way is no longer needed for publIc purposes.
3. The evaluatIOn cntena for nght-of-way vacatIOns support approval ofthe request.
With the followlllg conditIon.
2. A blanket utIlIty easement be provIded across the vacated Miller Street right-of-way."
OR
Option B:
"I move to deny Case No. MS-06-05, a request for approval of a final plat for property zoned
Planned Industnal Development located at 10619 W 50th Avenue and vacant land to the east WIth
a nght-of-way vacatIOn (Case No WV-06-0l) for the followlllg reasons.
1.
2."
Report Prepared by' MeredIth Reckert (303-235-2848)
ReVIewed by; Alan WhIte
Attachments:
1 Plannmg CommISSIOn staff report WIth exhibIts attached to CIty CounCIl action form for
CounCIl BIll No 21-2006
4
ITEM NO'
Lt.
REQUEST FOR CITY COUNCIL ACTION
~' -, 9---
'~$~'
<1~lrrn !
COUNCIL MEETING DATE
October 9, 2006
TITLE: COUNCIL BILL 25-2006 - AN ORDINANCE AMENDING THE
CODE OF LAWS TO CHANGE REFERENCES TO "ANIMAL -
PARKS CODE ENFORCEMENT OFFICER" OR "APCO OFFICER"
TO READ "COMMUNITY SERVICE OFFICER" OR "CSO"
I:8J PUBUC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR IST READING (Date)
I:8J ORDINANCES FOR 2ND READING
QuasI-JudiCial:
o
Yes
I:8J
No
Ci'Y~t
City Attorney
EXECUTIVE SUMMARY:
The Police Department has changed the designation of officers responsible for code enforcement,
from the former "Animal Parks Code Officers (APCO)" to "Community Service Officers (CSO)."
This action requires a parallel change to the Code of Laws in order to provide a more accurate and
effective description of those City employees and their respective roles. ThIS ordmance changes all
references in the Code of Laws from "Ammal-Parks Code Officer" and "APCO Officer" to read
"Community Service Officer" and "CSO",
COMMISSION/BOARD RECOMMENDATION:
NfA
STATEMENT OF THE ISSUES:
The suggested change in language IS necessary to accurately describe the "Community ServIce
Officers" who currently occupy the role previously described as "Animal-Parks Code Officers."
Making thIS change will reduce confusion on the part of the public.
AL TERNA TIVES CONSIDERED:
Do not adopt the proposed changes, leavmg all references to "Am mal-Parks Code Officers" or
"APCO officers" as written. No CIty employees currently hold such a title.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to approve Council Bill 25-2006 - An Ordinance amending the Code of Laws to change
references to "Ammal-Parks Code Officer" or "APCO Officer" to read "Commumty Service
Officer" or "CSO," on second reading, and that It take effect 15 days after tinal publication,"
or,
"I move to table indetinitely Council BIll 25-2006 - An Ordinance amendmg the Code of Laws to
change reference to "Animal-Parks Code Officer" or "APCO Officer" to read "Commumty Service
Officer" or "CSO" for the following reason(s)
"
Report Prepared by: Gerald Dahl, City Attorney
Reviewed by' Damel Brennan, Police Chief
Attachments:
I Council Bill 25-2006
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SANe;
Council Bill No 25
Ordinance No
Series of 2006
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS TO
CHANGE REFERENCES TO "ANIMAL-PARKS CODE
ENFORCEMENT OFFICER" OR "APCO OFFICER" TO READ
"COMMUNITY SERVICE OFFICER" OR "CSO"
WHEREAS, the City of Wheat Ridge (the "City"), acting through its City Council
(the "Council"), has authority pursuant to Article XX, Section 6 of the Colorado
Constitution and, C R.S S 31-16-101 et seq ,to adopt and amend its Code of Laws (the
"Code") from time to time, and
WHEREAS, the City has previously adopted Code Sections which refer to the
position of "Animal-Parks Code Enforcement Officer" or "APCO officer" in several
contexts, and
WHEREAS, the term "Community Service Officer" or "CSO" is now the proper
term to describe City employees who formerly were termed "Animal-Parks Code
Enforcement Officer" or "APCO officer" and who perform the duties delegated to such
officers, and
WHEREAS, the Council desires to amend the Code to change all references to
"Animal-Parks Code Enforcement Officer" or "APCO officer" to "Community Service
Officer" or "CSO"
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO'
Section 1. All references in the Wheat Ridge Code of Laws to "Animal-Parks
Code Enforcement Officer" or "APCO officer" are hereby amended to read "Community
Service Officer" and "CSO," respectively in the following Chapters of the Code. 2, 13,
15,16,17,21 and 26
Section 2. All other references in the Code to "Animal-Parks Code Enforcement
Officer" or "APCO officer" not described in Section 1 hereof are hereby amended to
read "Community Service Officer" and "CSO," respectively
Section 3. All amendments described herein shall apply to those terms written
in both the singular and plural
ATTACHMENT 1
Section 4. Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained
Section 5. Effective Date This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5 11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o on this 25th day of September, 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 October 9,2006, at 7'00 o'clock p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2006
SIGNED by the Mayor on this
day of
,2006
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication September 28> 2006
Second Publication
Wheat Ridge Transcript
Effective Date
ITEM NO' S.
REQUEST FOR CITY COUNCIL ACTION
l---P. . I
'~$~' :
LI~ <~~
COUNCIL MEETING DATE' October 9,2006
TITLE:
COUNCIL BILL 26-2006 - AN ORDINANCE AMENDING CHAPTER
13, ARTICLE III, SECTIONS 41 THROUGH 60 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING ABANDONED VEHICLES
AND TOWING
[8J PUBUC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:)
[8J ORDINANCES FOR 2ND READING
QuasI-JudIcial
o
Yes
[8J
No
City M~u....x=-1
City Attorney
EXECUTIVE SUMMARY:
The Police Department recently made suggested changes to Chapter 13, Article III, SectIOns 41
through 60 of the Code of Laws in order to provIde more comprehensive regulation of abandoned
vehicles and towing services. This ordinance implements those suggestions. Among other changes,
the ordmance includes provIsions regulatmg persons leaving or abandoning vehicles on private
property that does not belong to them. In addition, the ordinance amends the Code to mirror towmg
regulations as enforced by neighboring communities. Finally the Rules and Regulations concerning
tow operators (which may be promulgated pursuant to Chapter 13, Article III, Section 48) are also
revised with various minor edIts to language
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The Police Department belIeves that the regulatIon of abandoned vehicles and towing services will
be better served through this update. A new provision concerning the towing of vehicles from
private property IS included III Sec. 13-42.5 In addition, the term "abandoned motor vehicle" is
now detined to include abandoned trailers. ThIs new language will enable the Police Department to
regulate situations where a trailer, rather than a vehIcle has been abandoned.
AL TERNA TlVES CONSIDERED:
Do not adopt the Pohce Department's proposed changes, leavlllg Chapter 13, ArtIcle Ill, SectIons
41 through 60 as written.
FINANCIAL IMPACT:
None.
RECOMMENDED MOTION:
"I move to approved Council Bill 26-2006 - An Ordlllance Amending Chapter 13, ArtIcle III
Scctions 41 through 60 of the City Code Concernmg Abandoned VehIcles and Towing on second
reading, and that it take etTect 15 days after final pubhcation."
or,
"I move to table llldetinitely Council Bill 26-2006 An Ordinance Amending Chapter 13, ArtIcle
III Sections 41 through 60 of the CIty Code Concerning Abandoned Vehicles and Towing for the
followlllg reason(s)
Report Prepared by' Gerald Dahl, City Attorney
Reviewed by' Damel Brennan, Pohce ChIef
Attachments:
Council Bill 26-2006
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No 26
Ordinance No
Series of 2006
TITLE. AN ORDINANCE AMENDING CHAPTER 13, ARTICLE III,
SECTIONS 41 THROUGH 60 OF THE WHEAT RIDGE CODE
OF LAWS CONCERNING ABANDONED VEHICLES AND
TOWING
WHEREAS, the City of Wheat Ridge, acting through its City Council, has
authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia,
C R.S SS 31-15-401 and 31-15-702 to regulate the use of public streets and alleys; and
WHEREAS, the City has previously adopted regulations concerning abandoned
vehicles and towing as codified in Chapter 13, Article III of the Code of Laws of the City
of Wheat Ridge (the "Code"), and
WHEREAS, the City Council of the City of Wheat Ridge (the "Council") has
previously adopted Rules and Regulations concerning abandoned vehicles and towing
pursuant to Chapter 13, Article III, Section 48 of the Code, and
WHEREAS, the City's Police Department has determined that updating Chapter
13, Article III, Sections 41 through 49 of the Code will provide for a more efficient and
comprehensive regulation of abandoned vehicles and towing services within the City;
and
WHEREAS, the Council desires to amend the Code pursuant to the suggestions
of the Police Department.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO
Section 1. The Code of Laws, Chapter 13, Article III, Sections 41 through 60, is
hereby repealed reenacted to read in its entirety as set forth in Exhibit A, attached
hereto
Section 2. The Rules and Regulations promulgated pursuant to the Code of
Laws, Chapter 13, Article III, Section 48, is hereby revised to read in its entirety as set
forth in Exhibit B
Section 3. Safetv Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
ATTACHMENT 1
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained
Section 4. Effective Date This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5 11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of R to
o on this 25th day of September 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 October 9, 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
jay of
2006
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication September 28, 2006
Second Publication
Wheat Ridge Transcript
Effective Date:
Exhibit A
Sec. 13.41. Definitions
As used in this article'
Abandoned motor vehicle or trailer shall mean and include:
(1) Any motor vehicle or trailer left unattended on private property for a period of
twenty-four (24) hours or longer without the consent of the owner or lessee of
such property or his legally authorized agent.
(2) Any motor vehicle or trailer left unattended on any public property including but
not limited to, any portion of a highway, street or public right-of-way within the
limits of the city for a period of twenty-four (24) hours or longer unless the owner
or driver thereof has conspicuously affixed thereto a dated notice indicating his
intention to return or shall have otherwise notified the Wheat Ridge Police of his
intention to remove same within seventy-two (72) hours of the dated notice or of
such other notice to the Wheat Ridge Police
(3) Any motor vehicle or trailer left unattended on any public property including, but
not limited to, a street, highway or other public right-of-way within the limits of the
city in such a manner or under such conditions as to interfere with the free
movement of vehicular traffic, or as to interfere with proper street or highway
maintenance, or as to interfere with the construction or maintenance of any
public improvement, or threatens public safety
(4) Any motor vehicle or trailer stored in a police impoundment lot at the request of
its owner or the owner's agent, or the police department, and not removed from a
police impoundment lot according to the agreement with the owner or agent or
within seventy-two (72) hours of the time the department notifies the owner or
agent that the vehicle is available for release upon payment of any applicable
charges or fees. If the department requested the storage, the provisions
governing public tows under this article apply as of the time of abandonment and
the department shall be deemed the responsible law enforcement agency.
Otherwise, private tow provisions of any applicable Wheat Ridge ordinances or
state statutes shall apply.
Appraisal means a bona fide estimate of reasonable market value made by any
motor vehicle dealer licensed in this state or by any employee of the Wheat Ridge
Police Department whose appointment for such purpose has been reported by the chief
of police to the executive director of the Colorado Department of Revenue.
Chief of police or chief shall mean the chief of the Wheat Ridge Police Department
or his designee.
Page 1 of9
City means the City of Wheat Ridge, Colorado
Department means the Wheat Ridge Police Department.
Disabled motor vehicle means any motor vehicle which is stopped or parked, either
attended or unattended, upon a public right-of-way and which is, due to any mechanical
failure or any inoperability because of a collision, a fire or any other such damage,
temporarily inoperable under its own power.
Motor vehicle means any motor vehicle classified as a motor vehicle under the laws
of the State of Colorado
Operator means a person or a firm licensed by the public utilities commission as a
towing carrier.
Public impound lot or impound lot means and includes any building, enclosure or
other parcel of real property designated by the chief or by an ordinance or resolution of
the city council for the storage of impounded motor vehicles by the city, and specifically
includes privately owned garages or other privately owned locations designated as a
police impound lot pursuant to this article, which provide appropriate protection for
impounded motor vehicles.
Private property means any real property which is not public property
Private tow means any tow of an abandoned motor vehicle not requested by a law
enforcement agency
Public property means any real property having its title, ownership, use or
possession held by the federal government, this state or any county, municipality, as
defined in ~31-1-1 01 (6), Colorado Revised Statutes, or other governmental entity of
this state.
Public tow means any tow of an abandoned motor vehicle requested by a law
enforcement agency
Purchasing agent shall mean the purchasing agent of the city or his designee.
Responsible law enforcement agency shall mean:
(1) In the case of a public tow, the law enforcement agency authorizing the original
tow of an abandoned motor vehicle.
(2) In the case of a private tow, the law enforcement agency having jurisdiction over
the private property where the motor vehicle becomes abandoned.
(Ord. No. 1995-994, & 2,4-10-95)
Page 2 of9
Sec. 13-42. Abandonment of motor vehicles - Public tow.
(a) No person shall abandon any motor vehicle upon public property Any member
of the police department who finds a motor vehicle, which he has reasonable grounds to
believe has been abandoned, shall require such motor vehicle to be removed or cause
the same to be removed and placed in storage in any impound lot designated or
maintained by the city.
(b) Whenever any member of the police department finds a motor vehicle, attended
or unattended, standing upon any portion of a public right-of-way in such a manner as to
constitute an obstruction to traffic or proper highway maintenance, such officer is
authorized to cause the motor vehicle to be moved to eliminate any such obstruction;
and neither the officer nor anyone acting under his direction shall be liable for any
damage to such motor vehicle occasioned by such removal
(c) Where possible, a police officer of the department shall make a bona fide effort
to contact the owner or operator of a vehicle before presuming it is abandoned.
(Ord. No. 1995-994, & 2,4-10-95)
Sec. 13-42.5 Abandonment of motor vehicles - Private tow
(a) No person shall abandon any motor vehicle upon property that does not belong
to them (private property) Any owner or lessee, or his agent authorizing in writing, may
have an abandoned motor vehicle removed from his property by having it towed and
impounded by an operator
(b) Any operator having in his possession any abandoned motor vehicle from a
private tow shall immediately notify the police department of the name of the operator,
the location of the impound lot where the vehicle is located, and a description of the
abandoned motor vehicle, including the make, model, color, year, the number, issuing
state and expiration date of the license plate, and the vehicle identification number.
Upon such notification, the police department shall ascertain, if possible, whether or not
the vehicle has been reported stolen, and if so reported, the police department shall
recover and secure the motor vehicle and notify its rightful owner and terminate the
abandonment proceedings under this article. The police department shall have the right
to recover from the owner its reasonable costs to recover and secure the vehicle.
(c) Any operator shall, as soon as possible but in no event later than seventy-two
(72) hours after receipt of determination that such motor vehicle has not been reported
stolen, comply with the provisions of the Statutes of the State of Colorado (C R.S. ~ 42-
4-2101, et seq. as amended) for disposition of such motor vehicle.
Sec. 13-43. Removal and impoundment.
Page 3 of9
(a) Whenever any police officer or community services officer finds a motor vehicle,
attended or unattended, standing upon any portion ot a street or highway right-ot-way or
other public place in such a manner as to constitute an obstruction to traffic or proper
highway maintenance, or the construction ot any public improvement, or threatens
public safety, such officer is authorized to cause the motor vehicle to be moved forthwith
to eliminate any such obstruction, and neither the officer nor anyone acting under his
direction shall be liable for any damage to such motor vehicle occasioned by such
removal.
(b) Any motor vehicle impounded pursuant to Sections 1802 & 1803 of the Model
Traffic Code, 2003 edition, shall be subject to the provisions of section 13-42, 13-42.5
and 13-43 of this article, which sections 13-42, 13-42.5 and 13-43 shall take
precedence over and superseded any related or inconsistent provision of the Model
Traffic Code.
(Ord No. 1995-994, & 2,4-10-95; Ord. No. 2001-1220, & 3,5-21-01)
Sec. 13-44. Report of abandoned motor vehicle
(a) Ascertaining ownership:
(1) Upon having an abandoned motor vehicle towed, the department shall ascertain,
if possible, whether or not the motor vehicle has been reported stolen, and if so
reported, the department shall recover and secure the motor vehicle and notify
its rightful owner or the responsible law enforcement agency which has reported
the vehicle as stolen and terminate the abandonment proceeding under this
article. The department shall have the right to recover from the owner its
reasonable costs to recover and secure the motor vehicle
(2) As soon as possible, after having an abandoned motor vehicle towed, the
department shall report the same to the department of revenue by first class or
certified mail, via the web, or by personal delivery, which report shall be on a
form prescribed and supplied by the department of revenue. Such report shall
contain the information required by the laws of the State of Colorado.
(3) Upon its receipt of such report, the department ot revenue shall ascertain, if
possible, the last known owner of record of the abandoned motor vehicle and
any lienholder and shall transmit such relevant information to the department.
(b) Notices to owners and interested parties, hearings:
(1) The police department, upon its receipt of a response from the department of
revenue, shall determine, from all available information and after reasonable
inquiry, whether or not the abandoned motor vehicle has been reported stolen,
and if so reported, the police department shall recover and secure the motor
vehicle and notify its rightful owner and terminate the abandonment proceedings
Page 4 of9
under this article. The department shall have the right to recover from the
owner the cost to recover and secure the motor vehicle
(2) The police department, within ten (10) working days of the receipt of a response
from the department of revenue, shall notify by certified mail or personal
delivery the owner of record, if ascertained, and any lienholder, if ascertained, of
the fact of such response from the department of revenue and the claim, if any,
of a lien on the vehicle, and shall send a copy of such notice to the operator.
The notice shall contain information that the identified motor vehicle has been
reported to the department of revenue, the location of the motor vehicle and the
location from which it was towed, and that, unless claimed within thirty (30)
calendar days from the date the notice was sent, as determined from the
postmark on the notice, the motor vehicle is subject to sale Such notice shall
also inform the owner of record of his opportunity to request a hearing
concerning the legality of the towing of his abandoned motor vehicle, and to
contact the police department for that purpose Such request shall be made in
writing to the police department within ten (10) days of the postmarked date of
sending such notice Such hearing, if requested, shall be conducted by the
chief or his designee in accord with the following minimum due process
procedures.
The owner shall be entitled to be represented by legal counsel of his choosing
and to call such witnesses for relevant testimony and to produce such relevant
evidence as he desires.
The owner shall be entitled to review any evidence presented against him and
to rebut the same.
The record of the entire proceedings shall be made as determined by the
hearing officer
Oral evidence need not be taken on oath or affirmation, unless requested by the
owner or the hearing officer.
The decision shall be made within three (3) days of the hearing and shall be in
writing and shall determine all issues presented
In the event it is determined at the hearing that the motor vehicle was illegally towed,
all towing charges and storage fees assessed against the vehicle shall be forgiven.
(Ord. No. 1995-994, & 2,4-10-95)
Sec. 13-45. Appraisal, sale.
(a) Public tow abandoned motor vehicles or motor vehicles abandoned in an
impound lot subsequent to a public tow shall be appraised and sold by the purchasing
agent at a public or private sale, as determined in his sole discretion, held not less than
Page 5 of9
thirty (30) days after the date of the notice required by section 13-44 was mailed. Any
vehicle appraised at a value of less than one-thousand dollars ($1,000.00) shall become
the property of the operator in full satisfaction of the costs of recovery, towing and/or
storage for that vehicle and shall discharge the city of any further responsibility in
connection with such vehicle
(b) If the appraised value of an abandoned motor vehicle sold pursuant to this
article is two-hundred dollars ($200.00) or less, the sale shall be made only for the
purpose of junking, scrapping or dismantling such motor vehicle, and the purchaser
thereof shall not, under any circumstances, be entitled to a Colorado certificate of title.
The chief shall cause to be executed and delivered a bill of sale, together with a copy of
the report described in subsection 13-44 (a) (2), to the person purchasing such motor
vehicle The bill of sale shall state that the purchaser acquires no right to a certificate of
title for such vehicle. The chief shall deliver a copy of such report of sale to the
purchaser of the motor vehicle.
(c) If the appraised value of an abandoned motor vehicle sold pursuant to this
section is less than one-thousand dollars ($1,000), the sale may be made for any
intended use by the purchaser thereof The chief shall cause to be executed and
delivered a bill of sale, together with a copy of the report described in subsection 13-44
(a) (2) and an application for a Colorado certificate of title signed by a legally authorized
representative of the department, to the person purchasing such motor vehicle The
purchaser of the abandoned motor vehicle shall be entitled to a Colorado certificate of
title upon application and proof of compliance with the applicable provision of the
"Certificate of Title Act," SS 42-6-101, et seq., Colorado Revised Statutes (as amended),
and the applicable regulations of the Colorado Department of Revenue
(d) Any vehicle appraised at a value of one-thousand dollars ($1,000.00) or more
may be sold by the purchasing agent at public auction. Prior to the public auction, the
purchasing agent shall cause a notice of sale to be published describing the vehicle to
be sold, the names of all persons, if any, known to claim an interest in the vehicle, and
the times and place of the sale The notice of sale shall be at least once in the
newspaper of general circulation in the city. The sale shall be held within ten (10) days
of the date of the first publication. The purchasing agent may contract with any person
or party to conduct the public auction authorized by this section.
(e) The purchasing agent shall issue a bill of sale without warranty to the purchaser
of a vehicle at an auction held pursuant of subsection (d) of this section. There shall be
no right of redemption from any sale made pursuant to this section, nor shall the city or
any of its officers, agents or employees be liable for the failure to deliver a vehicle to
any person or party other than the purchaser at such auction.
Sec. 13-46. Liens upon towed motor vehicles.
(a) Liens upon towed motor vehicles, Whenever an operator recovers, removes or
stores a motor vehicle upon instructions from any duly authorized member of the police
Page 6 of9
department who has determined that such motor vehicle is an abandoned motor
vehicle, such operator shall have a possessory lien upon such motor vehicle and its
attached accessories or equipment for all costs of recovery, towing, storage and
appraisal. Such lien shall be a first and prior lien on the motor vehicle, and such lien
shall be satisfied before all other charges against such motor vehicle.
(b) Perfection oflien The lien referenced in section 13-46 (a) shall be perfected by
taking physical possession of the motor vehicle and its attached accessories or
equipment.
(c) Foreclosure of lien. Any motor vehicle and its attached accessories and
equipment subject to the possessory lien provided for in section 13-46 (b) and not
redeemed by the last known owner of record or lienholder, after such owner or
lienholder has been sent notice of such lien by the Chief or designee shall be sold in
accordance with the provisions of sections 13-46 and 13-47 of this article
Sec. 13-47. Proceeds of sale.
(a) If the sale of any motor vehicle and its attached accessories or equipment under
the provision of section 13-46 produces an amount less than or equal to the sum of the
charges of the operator who has perfected a lien, then the operator shall have a valid
claim against the owner of record for the full amount of such charges, less the amount
received upon the sale of such motor vehicle. Such charges shall be assessed in the
manner provided for in the provisions of any towing agreement in force between the city
and an operator If no such towing agreement is in force, the charges shall be
assessed in the manner provided for in C.R.S. ~ 42-4-1810 (2) (a), (as amended).
(b) If the sale of any motor vehicle and its attached accessories or equipment under
the provisions of section 13-46 of this article produces an amount greater that the sum
of all charges, any balance remaining shall be transmitted to the department of finance
of the city, which shall credit the same to the general fund of the city
Sec. 13-48. Authority to establish tow list and rules and regulations with
operator.
Authority is hereby expressly delegated to the chief of police to maintain a rotating
tow list, should he so desire, pursuant to the rules and regulations for the licensing and
operation of licensed tow operators in the city, with one or more operators for the
purpose of carrying out the duties specified. Pursuant to these rules and regulations,
the chief may delegate the authority and responsibility to the operator to investigate the
question of ownership of any vehicle and to complete such administrative functions as
required. Pursuant to these rules and regulations the administrative responsibilities
delegated to the operator shall be specified and shall also specifically provide for
indemnification of the city by the operator for or on account of any liability accruing from
any error in the execution of, or failure to execute, any of the duties and responsibilities
Page 7 of9
specified in these sections 13-41 through 13-48, inclusive, which are assigned and
delegated to the operator pursuant to said rules and regulations.
(Ord. No. 1995-994, & 2,4-10-95)
Sec. 13-49. Exemptions.
(a) Nothing in this article shall be construed to include or apply to the driver of any
disabled motor vehicle who temporarily leaves such vehicle on the paved or improved
and main-traveled portion of a roadway, subject, when applicable, to the emergency
lighting requirements set forth in C.R.S. S 42-4-230, (as amended).
(b) Nothing in this article shall be construed to include or apply to authorized
emergency motor vehicles while such vehicles are actually and directly engaged in,
coming from, or going to an emergency.
(c) Nothing in this article shall be construed to include or apply to abandoned
vehicles kept as evidence for either criminal or civil cases by the department.
(Ord No. 1995-994, & 2,4-10-95)
Sec. 13-50. Violations; penalty.
Any person who violates any of the provisions of section 13-42 shall, upon conviction,
be punished by a fine of not more than four hundred ninety-nine dollars ($499.00). Any
person violating the provisions of section 13-42 hereof shall be subject to the following
minimum fines, which may not be suspended in whole or in any part by the Court:
(1) Fifty dollars ($50.00) for the first offense.
(2) One hundred dollars ($100.00) for the second offense.
(3) Two hundred dollars ($200 00) for the third offense
(4) Three hundred dollars ($300 00) for the fourth or subsequent offense(s).
(Ord. No 1995-994,92,4-10-95)
Sec. 13-51. Parking on city-owned property.
(a) The public works director is authorized to promulgate regulations governing the
parking of motor vehicles on city-owned property and to provide for the enforcement of
such regulations by towing and storing the motor vehicle at the expense of the
registered owner of the vehicle or by imposing an administrative fine not to exceed
twenty-five dollars ($25.00) against the registered owner. Any regulations promulgated
by the public works director shall be ratified by resolution of the city council.
Page 8 of9
(b) If the public works director or the director's designee elects to tow and store a
vehicle as provided by subsection (a) of this section, such towing and storage shall be
undertaken in accordance with the procedures applicable to abandoned vehicles
contained in subsection (b)( 1) through and including (b)( 4) of section 13-44 of the
Wheat Ridge Code of Laws. Any vehicle towed pursuant to subsection (a) of this
section and not claimed by the registered owner within thirty (30) days following such
towing may be declared abandoned and treated in accordance with the provisions of
this chapter pertaining to abandoned vehicles.
(c) A violation of any regulations promulgated in accordance with this section or a
failure of any registered owner to pay an administrative fine imposed pursuant to
subsection (a) of this section shall constitute a violation of this section.
(d) In lieu of the imposition of an administrative fine or towing as provided in
subsection (a), or in the event of nonpayment of an administrative fine imposed
pursuant to this section, and at the discretion of the public works director, the public
works director may file a complaint in the municipal court charging a violation of this
section The municipal court shall have the jurisdiction to hear and decide all such
complaints filed with the municipal court and, upon conviction of the defendant, may
impose punishment as provided at sections 1-5 and 1-6 of this Code
Secs. 13-52--13-60. Reserved.
Page 9 of9
Exhibit B
RULES AND REGULATIONS
FOR THE LICENSING AND OPERATION OF LICENSED
TOW OPERATORS IN THE CITY OF WHEAT RIDGE, COLORADO
CONTENTS
I. INTRODUCTIONS
II. RULES AND REGULATIONS GENERALLY
A. Standards of Conduct
B Laws, Ordinances, and Regulations
C Licenses and Permits
D Cooperation with the Department
E. Limitations
F Disputes
G Supervision and Rule Making Power
III. METHODS OF OPERATION
A. Protection and Handling of Vehicles
B Removing Debris
C Property in Vehicles
D Response Time
E Business Hours
F Collection of Fees
G Rates and Charges
H, Disposal of Abandoned Vehicles
Reclaimed Vehicles when Owner/Authorized Agent Refuses to Pay Towing and Storage
J T ow Authorization
K. Repair Authorization
L. Inventory List
IV. LAND AND EQUIPMENT REQUIREMENTS
A. Storage Lot
B Towing Units Required
C Communication Equipment
V. INSURANCE REQUIREMENTS
VI. EQUAL OPPORTUNITY EMPLOYER
VII. EMPLOYMENT
VIII. RESPONSIBILITY OF OFFICIAL POLICE CONTRACTOR TO READ,
UNDERSTAND AND COMPLY WITH REGULATIONS
IX. HOLD HARMLESS CLAUSE
X. PRICE SHEET (ATTACHMENT B)
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RULES AND REGULATIONS
FOR THE LICENSING AND OPERATION OF LICENSED
TOW OPERATORS IN THE CITY OF WHEAT RIDGE, COLORADO
INTRODUCTION
These rules and regulations constitute the rules of operation to which the Contractor will be subject.
The specifications are intended to outline basic requirements designed to ensure a high degree of
citizen protection.
Official Police Contractor (hereinafter called Contractor) will be responsible for the towing, storing,
and safeguarding of abandoned motor vehicles taken into custody, and all motor vehicles held for
investigation by the Wheat Ridge Police Department. At the request of the police department, the
Contractor will also tow and store any disabled vehicle.
These rules and regulations are promulgated by the City of Wheat Ridge, Colorado, pursuant to the
authority contained in the towing contract Code of Laws of the City of Wheat Ridge, Section 13-48.
The rules and regulations set forth herein are determined by the City of Wheat Ridge to be
necessary to ensure the inhabitants of and other persons within the City of Wheat Ridge safe,
efficient, and dependable towing and impounding service
The Chief of Police shall have the authority to appoint a department liaison(s) as his official
representative in matters dealing with the Contractor
II, RULES AND REGULATIONS GENERALLY
A. Standards of Conduct
The Contractor shall conduct its business in an ethical, orderly manner and shall at all times
maintain a courteous and helpful attitude toward all citizens and City officials. Impound
Facilities will be held responsible for the acts of their agents, servants, operators, and
employees in the performance of any service for the City of Wheat Ridge
B Laws, Ordinances, and Requlations
The Contractor shall abide by all applicable laws and ordinances regulating tow units and
impound, towing, storage, and disposition of vehicles, The Contractor shall also abide by
any regulations made pursuant to the authority granted under the provisions of this
document.
C Licenses and Permits
The Contractor must have or obtain a valid and current City Business/Use Tax License to do
business in the City of Wheat Ridge. The Contractor must also have and keep in full effect
and force, a valid and current Public Utilities Commission permit to operate a wrecker
service Impound Facilities shall be subject to all statutes and all rules and regulations of the
Public Utilities Commission applicable to the operation of a wrecking service as are now or
hereafter shall be in force.
D Cooperation with the Department
Tow operators shall abide by all lawful instructions of employees of the police department
and shall be required to cooperate with the police department in removing hazards, illegally
parked motor vehicles, and in impounding motor vehicles. Police department employees
shall likewise recognize the limitations of tow operations, and shall cooperate with the tow
operator to the extent necessary to complete the task at hand,
D Limitations
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Nothing contained herein shall restrict, or be construed to restrict, the right of the Contractor
to provide towing services to persons other than the City of Wheat Ridge, so long as the
provision of such services does not interfere with the efficient performance of the duties of
the Contractor according to the specifications stated in this document.
E. Disputes
The Chief of Police, or his designee, shall resolve any disputes arising under the terms of
this document.
F Supervision and Rule MakinQ Power
All records, equipment, and storage facilities used to conduct the business of the Contractor
shall be subject to periodic inspection and approval by the Chief or his designee.
III, METHODS OF OPERATION
A. Protection and Handlino of Vehicles
It shall be the duty of the Contractor to protect all motor vehicles in its custody and the
Contractor shall be liable for any loss or damage caused by negligence of its employees,
agents, or servants.
Vehicles to be stored at the Impound Facility shall be reasonably secured at the scene of the
tow and removed directly to the lot. Upon arrival at the lot, entrance to the vehicle shall be
limited to that required to remove wheel tie-down equipment, locking the transmission gear,
or only as required by the performance of legitimate business.
The Contractor is required to store all other vehicles impounded during the term of the
Contractor's agreement with the City, until such vehicles are lawfully released, sold, or
disposed of The City will pay no tow or storage on said vehicles, except in accordance with
the rules and fees in effect at the time of expiration of the agreement.
The Contractor shall allow the registered owner to view the abandoned or disabled vehicle to
enable the registered owner to decide whether or not he desires to claim the vehicle.
B RemovinQ Debris
The Contractor shall be required to remove glass and debris deposited upon the roadway by
the disabled vehicle for which he has received authorization to tow In addition, any grease
or oil slick deposited on the roadway must be adequately covered with dirt or grease
absorbing chemical.
C Pro pert V in Vehicles
The Contractor shall immediately notify the police department on-duty watch supervisor of
the existence of any property of value, weapons, or contraband which is found in any
vehicle towed at the request of the Wheat Ridge Police Department Officers shall conduct a
vehicle inventory per departmental policy The vehicle inventory shall be listed on the tow
sheet.
All other property of little or no monetary value left inside abandoned vehicles may be
disposed of at the discretion of the Contractor after the abandoned vehicle process is
completed and the vehicle is available for sale or destruction.
The Contractor shall allow the registered owner or designee to view the vehicle and retrieve
any personal property left inside any abandoned or disabled vehicle ordered towed by the
police department regardless of whether or not the registered owner has paid fees owed for
the towing and storage of said vehicle The registered owner or designee may not remove
any items attached to or part of the vehicle. The registered owner shall not be given access
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to property contained in any vehicle held for investigation by the Police Department unless
specifically authorized by the Police Department.
The Contractor shall allow the registered owner or designee to take still photographs and/or
video tapes of both the interior and exterior of only their vehicle,
In those cases where the registered owner chooses to designate another person to view the
vehicle, retrieve personal property or take photographs/video of the vehicle, the registered
owner shall provide to the Contractor a notarized letter naming his/her designee.
The registered owner or designee shall not be given access to property contained in any
vehicle held for investigation by the police department unless specifically authorized by the
police department.
D. Response Time
The Contractor does hereby agree to respond to a call within thirty (30) minutes, If for any
reason, a towing unit is unable to respond within thirty (30) minutes to any official request for
activity, the Contractor shall so inform the Wheat Ridge Police Department, and shall state
the reasons for inability to respond to the request and the estimated time when a response
can be made If necessary, the Police Department may then request that another tow
Contractor be requested to respond and the Contractor shall bear any additional expense of
hiring the other tow unit.
E. Business Hours
Impound Facilities shall be open a designated minimum of forty (40) hours per week (during
reasonable, standard business hours) to release vehicles to persons authorized in writing to
receive them If a vehicle release is requested during other than normal business hours, the
Contractor may charge a reasonable service charge, as set forth on the attached Quotation
Sheet, for the release in addition to normal storage and towing charges. During reasonable
business hours, the registered owner or designee may view the vehicle at no charge,
Any after-hours release shall be at the discretion of the Contractor, unless the release is
specifically requested by a Command Officer of the Wheat Ridge Police Department.
F Collection of Fees
The Contractor shall collect fees for the towing and storage of vehicles requested to be
impounded by the Police Department. The fees collected shall be in the amounts set forth
on the attached Quotation Sheet except as specified in Section III., H All fees shall be
collected at the office of the Contractor
No fees shall be accepted by the Contractor on any vehicle impounded by the police
department unless the proper authorization for release has been obtained for the vehicle,
G Rates and Charqes
Any motor vehicle ordered to be held pending investigation by the Wheat Ridge Police
Department or other law enforcement agency shall accrue no storage charge during the
period for which the vehicle is so held. When a vehicle is released from a hold by the Wheat
Ridge Police Department, storage charges will not accrue until 5.30 p.m. that day Towing
charges on vehicles pending investigation shall be paid by the vehicle owner or other person
authorized to receive the vehicle, unless, because of extenuating circumstances, a
command officer of the Wheat Ridge Police Department determines that these charges
should be paid by the City
There is no charge for towing city-owned vehicles except that a tow of a city vehicle beyond
25 miles extended from any Wheat Ridge City limit will be charged at $1 00 per mile beyond
the 25-mile limit.
5
H. Disposal of Abandoned Vehicles
Appraisals
Upon receipt of a completed copy of the Title Impound Vehicle Information Request
(DR2008) with Section 5 signed and the date of notification to the owner included,
the Contractor shall prepare the Bill of Sale for Abandoned or Towed Vehicles
(DR2173) to include the Wheat Ridge Police Department case report number, the
vehicle identification number, and vehicle description section of the form The
vehicle identification number and vehicle description shall be filled in from the signed
copy of the DR2008.
There are to be NO STRIKE OVERS, and handwriting must be neat and legible.
The Bill of Sale for Abandoned or Towed Vehicles (DR2173) shall be provided by
the Contractor to the appraiser of choice of the Wheat Ridge Police Department.
The Contractor shall locate and clearly mark the vehicles to facilitate timely
completion of the appraisal process.
2. Vehicles Valued at $1000 or More
Any motor vehicle with an appraised value of One Thousand and no/100 Dollars
($1,000.00) or more, which is impounded by the Wheat Ridge Police Department
and which is not claimed within thirty (30) calendar days of the date upon which
notice of the impoundment is given to the owner of record, may be sold by the City
of Wheat Ridge. The City of Wheat Ridge may choose to apply for title and keep the
vehicle or the City may contract with a private auctioneering firm to conduct any
public sale of abandoned vehicles. Vehicles to be auctioned may be removed from
the Contractor by the City to another facility The Contractor will be reimbursed
towing charges.
3 Vehicles Valued at less than $1,000
Any motor vehicle with an apprised value at less than One Thousand and no/100
Dollars ($1,00000) which is impounded by the City of Wheat Ridge, and which is
not claimed within thirty (30) days of the date upon which notice of impoundment
was given to the owner of record, shall be turned over to the Contractor Vehicles
appraised at $200 or less may be used only for parts or scrap, and no title shall be
applied for to the State of Colorado for any such vehicle
The release of these vehicles to the Contractor shall satisfy in full all costs of
handling, storage, and towing services of the vehicle
4 Required Forms
The Contractor shall within 72 hours after impounding of any vehicle initiate a form
DR2008, and forward to the Wheat Ridge Police Department.
5 Confiscated Vehicles
Any motor vehicle taken into custody as a result of an arrest or seizure made
incident to a federal drug, liquor or firearm violation, or any vehicle declared by a
court of competent jurisdiction to be a Class I public nuisance is subject to
confiscation, and may thereby become the property of the confiscating jurisdiction,
When any such vehicle becomes the property of the Wheat Ridge Police
Department, the City shall not be obligated to pay any storage charges accrued on
said vehicle.
6. Private Tow
A private tow is defined as any tow the Contractor performs in which no Impound
6
Report is created by the Wheat Ridge Police Department. Towing of any city vehicle
is not considered a private tow
Processing under the State Abandoned Vehicle Laws of Private Tow Vehicles is the
sole responsibility of the Contractor
I. Reclaimed Vehicles When Owner/Authorized Aoent Refuses to Pay Towinq and Storaqe
Charqes
The Contractor shall not be required to release any vehicle until the lien granted by C.R.S ~
42-4-1807 has been satisfied
J Tow Authorization
Before the Contractor may commence a tow within the City of Wheat Ridge, he shall secure
the consent of the registered owner, legal owner, person in control, driver, or authorized
agent of any of then, or other person having a legal right to possess the vehicle, or from a
Wheat Ridge police officer, or from the owner or person in lawful possession of private
property where the vehicle is located or the agent or employee of either of them for the
towing of a parked vehicle parked in violation of the terms of the Wheat Ridge Municipal
Code.
K. Repair Authorization
No Contractor employee shall make any repair of a vehicle without written authorization of
such repair by the person to be charged therefor, and in compliance with applicable state
law on motor vehicle repair charges.
The Contractor shall make no charge for towing services other than as specifically stated in
the tow bill and towing authorization form furnished by the person authorizing the tow prior to
the commencement of the tow; provided, however, that an additional charge for a service
performed may be made if occasioned by an emergency or other unforeseen circumstance
which occurs after the commencement of the tow It shall be the responsibility of the
Contractor to provide to the person authorizing the tow a statement of any such additional
charges together with a clear, concise written statement of the circumstances which gave
rise to the need for the additional service and reasons why these circumstances could not
have been reasonably anticipated or discovered before the commencement of the tow
The burden of establishing the validity of such additional charges shall be upon the
Contractor No alteration, change or amendment in any tow bill or towing authorization,
which results in additional charges, shall be allowed except as provided in this section.
The Contractor may make emergency alterations necessary to remove a vehicle from the
scene by towing, but shall not make any charge for any such alteration unless such charge
is listed upon the tow bill and furnished to the other person authorizing the tow prior to the
commencement of the tow
L. Inventory List
The Contractor shall provide a complete accrual inventory of all impounded vehicles, and a
list of all released vehicles for the current week to the Wheat Ridge Police Department by
5:00 p.m each Thursday The inventory shall include all activity through the previous day at
5.30 p.m
The inventory shall include as a minimum of the following information:
a. Wheat Ridge Police Department case report number
b Year, Make, Model, Color of vehicle
c. Vehicle Identification Number
d. License number
e. Impound Date
7
f Status (Le , Hold)
g. 2006 Form to Wheat Ridge Police Department - date
h. Appraisal date/value
L Date Bill of Sale received or vehicle auctioned
NOTE, Each inventory shall include "a" through "f' above with "g" through "I" added the
week each of these dates occur for each impounded vehicle.
IV LAND AND EQUIPMENT REQUIREMENTS
A. Storaqe Lot
Impound Facilities shall provide a storage lot. The storage lot shall be graded, provided with
sufficient drainage to prevent accumulation of standing water, enclosed with a security fence
at least six feet (6') high, and should be lighted during hours of darkness. Impound Facilities
shall also provide an enclosed garage with locking doors capable of holding at least two full-
sized vehicles and work space to process vehicles to be separately and safely secured upon
request of the police department. The garage shall be lighted and shall have a floor of
concrete or similar material Impound Facilities and storage lots will comply with all zoning
ordinances and regulations of the jurisdiction where located, Vehicles shall be processed by
the police department as soon as is practicable.
Impound facilities shall be inspected and approved by the Chief or his designee prior to
authorization of a towing contract.
B, Towinq Units Required
The Contractor operator shall have at least three towing vehicles including immediate
access to one heavy duty towing unit. A heavy duty towing unit will be used. 1) whenever a
vehicle to be towed has three to more axles or has a gross weight in excess of 10,000
pounds, and 2) whenever an officer of the police department determines after investigation
that a heavy duty tow unit is necessary
Towing units shall comply with all applicable safety standards as required by the Department
of Transportation and State of Colorado
Tow units will be equipped with all applicable tools and equipment as necessary to perform
the function of a professional tow company
C Communication Equipment
Each towing unit of the Contractor shall be equipped with a two-way radio or telephone.
Each unit shall be capable of communicating with the office of the Contractor either by radio
or telephone. A dispatcher capable of communicating with each unit shall be available by
telephone at all times.
V. INSURANCE REQUIREMENTS
A. The Contractor, prior to commencing work, shall provide (at its own cost and expense) proof
of the following insurance to the City of Wheat Ridge. Such insurance shall be obtained
from financially responsible insurance companies licensed in the State of Colorado and
acceptable to the City of Wheat Ridge. Prior to cancellation of or material change in any
required policy, a minimum of thirty (30) days written notice shall be given to the Risk
Manager of the City of Wheat Ridge by means of registered mail - return receipt requested.
B. Required Coverage shall be as required by the Department of Transportation and Public
Utilities Commission rules and regulations,
1 All policies and/or certificates of insurance shall include the City of Wheat Ridge as
an additional named insured.
2, Underwriters shall have no right of recovery or suborgation against the City of Wheat
Ridge, it being the intent of the parties that the insurance policies in effect shall
protect both parties and be primary coverage for any and all losses covered by the
8
described insurance,
3 The clause entitled "Other Insurance Provisions" contained in any policy including
the City of Wheat Ridge as an additional named insured shall not apply to the City of
Wheat Ridge.
4 The insurance companies issuing the policy or policies shall have no recourse
against the City of Wheat Ridge for payment of any premiums due or for any
assessments under any forms of any policy
5 Any and all deductibles contained in any insurance policy shall be assumed by and
at the sole risk of the contractor
All insurance policies and/or certificates of insurance shall be approved by the City of Wheat
Ridge prior to the inception of work.
Additional coverage and/or higher limits of liability may be required by the City of Wheat
Ridge dependent on the particular services contracted for
If any of the said policies shall be or at any time become unsatisfactory to the City as to form
or substance or if a company issuing any such policy shall be or at any time becomes
unsatisfactory to the City, the Contractor shall promptly obtain a new policy and submit same
to the Risk Manager of the City of Wheat Ridge for approval and thereafter submit a
certificate of insurance as herein above provided. Upon failure of the Contractor to furnish,
deliver, and maintain such insurance as provided herein, this contract, at the election of the
City of Wheat Ridge, may be immediately declared suspended, discontinued or terminated.
Failure of the Contractor in obtaining and/or maintaining any required insurance shall not
relieve the contractor from any liability under the contract, nor shall the insurance
requirements be construed to conflict with the obligations of the contractor concerning
indemnification.
VI. EQUAL OPPORTUNITY EMPLOYER
Official Police Impound Facilities will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin, nor will Impound Facilities
illegally discriminate against such persons because of age Impound Facilities will take affirmative
action to ensure that such applicants are employed Impound Facilities agree to post in conspicuous
places available to employees and applicants for employment, notices to be provided by an agency
of the Federal Government setting forth the provisions of the Equal Opportunity laws.
VII. EMPLOYMENT
No person shall be employed in any capacity or function of an a Contractor until an initial background
investigation has been completed and his character and fitness to participate in towing operations of
the Contractor have been established to the satisfaction of the Chief of Police of the Wheat Ridge
Police Department or his designated representative. This may require investigation by the police
department. The owners and managers of the Contractor shall be responsible for the quality,
character and actions of their employees.
VIII. RESPONSIBILITY OF OFFICIAL POLICE IMPOUND FACILITIES TO READ, UNDERSTAND,
AND COMPLY WITH REGULATIONS
A copy of these regulations and all amendments thereto shall be furnished to the Contractor The
owners and managers of the Contractor shall familiarize themselves with these regulations and it
shall be their duty to require their agents, servants, operators, and employees to comply strictly and
fully with the terms of these regulations.
IX. HOLD HARMLESS CLAUSE
All Police Impound Facilities agree and covenant to save and hold harmless the City of Wheat Ridge,
its police department, agents, employees, and Contractor from and against all claims, damages,
9
causes of action and suits which may arise by reason of the acts, omissions, or failures to act, of
said Contractor, its agents, employees or contractors
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