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HomeMy WebLinkAbout04/23/2007 6:30 p.m. Pre-Meeting :\~:~'l~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING ADril 23. 2007 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF ADril 9. 2007 PROCLAMATIONS AND CEREMONIES Victims' Rights Week Stormwater Logo Contest Winners 2006 Public Health Champions Thriving Wheat Ridge Week Essay Contest CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA Item 1. CONSENT AGENDA: A. RESOLUTION 12-2007 -A RESOLUTION DESIGNATING ADDITIONAL BUS SHELTER LOCATIONS. CITY COUNCIL AGENDA: April 23, 2007 Page -2- B. RESOLUTION 13-2007 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITIES OF ARVADA, BOULDER, BROOMFIELD, GOLDEN, LAKEWOOD, LOUISVILLE, NORTHGLENN, SUPERIOR AND THORNTON CREATING THE COLORADO WIRELESS COMMUNITIES (CWC) FOR THE PURPOSE OF WORKING WITH THE PRIVATE SECTOR TO CONSTRUCT AND DEPLOY A WIRELESS BROADBAND NETWORK THROUGHOUT EACH OF JURISDICTIONS. C. RESOLUTION 14-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 BUDGET TO REFLECT ACCEPTANCE OF THE THRIVING WHEAT RIDGE GRANT IN THE AMOUNT OF $15,081 FOR THE PURPOSE OF PROVIDING RECREATION PROGRAMS. D. AWARD RFB-07-22, 2007 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT PROJECT AT A TOTAL COST OF $69,459.67. E. 40TH AVENUE TRAFFIC SIGNAL EASEMENT. ORDINANCES ON FIRST READING Item 2. Item 3. Item 4. Item 5. COUNCIL BILL 02-2007 - AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS CONCERNING THE DEVELOPMENT REVIEW PROCESS. COUNCIL BILL 03-2007 - AN ORDINANCE PROVIDING FOR APPROVAL OF A ZONE CHANGE FROM COMMERCIAL ONE (C-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRO) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT LOT 2, CADENCE SUBDIVISION (CASE NO. WZ-06-11/BENTON). COUNCIL BILL 04-2007 - AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE V, CONCERNING THE ADMINISTRATIVE MODEL PROCESS OF CERTAIN CODE OF LAWS PROVISIONS, AND AMENDING CHAPTER 15 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE THAT A NOTICE OF VIOLATION ISSUED PURSUANT TO CHAPTER 2, ARTICLE V, SHALL CONSTITUTE A NOTICE TO ABATE A NUISANCE. COUNCIL BILL 05-2007, AN ORDINANCE APPROVING DISPOSITION OF CITY OWNED PROPERTY LOCATED NEAR THE INTERSECTION OF 38TH AVENUE AND HIGH COURT. CITY COUNCIL AGENDA: April 23, 2007 Page -3- DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. RESOLUTION 11-2007 -A RESOLUTION AUTHORIZING APPROVAL OF THE MILE HIGH COMPACT. Item 7. AWARD OF SOQ-07-27 FOR DESIGN AND CONSTRUCTION DOCUMENTS FOR RENOVATION OF THE OUTDOOR SWIMMING POOL TO THE C.T. BRANNON CORPORATION IN THE C.T. BRANNON CORPORATION IN THE AMOUNT OF $88,845.00. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT PROCLAMATION CRIME VICTIMS' RIGHTS WEEK APRIL 22 - 28, .2007 WHEREAS, as a nation devoted to liberty and justice for all, America must increase its efforts to protect, restore, and expand crime victims' rights and services so that they apply to every victim, every time; and WHEREAS, 23 million Americans are victims of crime each year, and of those, 5.2 million are victims of violent crime; and WHEREAS, all victims of crime deserve respect, resources, restoration, and justice; and WHEREAS, all fifty states, the District of Columbia, and the federal government grant crime victims certain legal rights; and WHEREAS, National Crime Victims' Rights Week - April 22-28, 2007 - offers us all the opportunity to recommit ourselves to ensuring that every victim is afforded his or her legal rights and treated as a crucial participant in our criminal justice system; and WHEREAS, as we carry crime victims' rights into 2007 and beyond, we must strive to create a nation where the legal rights of victims are honored and individuals are accountable for their treatment of victims; and WHEREAS, despite significant progress in providing rights and services to crime victims over the past two decades, large segments of our population, including crime victims with disabilities, victims with mental illness, victims who are immigrants, victims who are teenagers, victims who are elderly, and victims in rural areas, are still underserved; and WHEREAS, the City of Wheat Ridge is joining forces with victim service programs, criminal justice officials, and concerned citizens throughout the City of Wheat Ridge and America to raise awareness of victims' rights and observe National Crime Victims' Rights Week; NOW, THEREFORE BE IT RESOLVED THAT, the City of Wheat Ridge proclaims the week of April 22 through 28,2007 to be Crime Victims' Week; and be it further RESOLVED, that the City of Wheat Ridge reaffirms this commitment to respect and enforce victims' rights and address their needs during Crime Victims' Rights Week and throughout the year and express our appreciation for those victims and crime survivors who have turned personal tragedy into a motivating force to improve our response to victims of crime and build a more just community; and be it further RESOLVED, that a suitably prepared copy of this proclamation be presented to Victim Outreach Information, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of Wheat Ridge this 16th day ofAoril, 2007. .;:haJ'~ ~ )'r~Tullio, Mayor Michael Snow, City Clerk . ~ -~ ~'~;.~~ . '~,"'-' ",t, l ,/ .J hi, '.,Ai "," _ ~ ".o.",~~.{I"J~ ,,)"'" i '.\. ".J," "~'" <J',\: , 'l","''' \".'1 ,,~, l' ft>':,;/ , ..,' ,', ~:"}flif 1 .:;)" Il\ "..; \ f,', ; i~I"," ~ ~ ~'. ~p) ~\.!~\ ;f.;\,J~~l ~ :.1 ' , t. ~ . '} -:. ;'.-, .~; t I '~~ tV.' " >'i)'& f,~ 't' j j 1 u",;. ,.Q~' ... .,:/ \ . 1"~f~~'~{JJ~;'~~'~:". ,~,,~'tY,\~ ~./ I"~, ',!j, 'l'lt,\~.\)",' \ "\ ", .. ~.':-.:'~ ~ . ~ ' PROCLAMATION THlUV'INa WHEAT RIooE WEEK ApRIL 23, 2007 WHEREAS, public health officials have declared obesity to be an epidemic, and over one-half of Coloradan adults are either obese or overweight and approximately one-third of Colorado children (ages 2 to 14) are overweight or at risk for being overweight; and WHEREAS, obesity plays a role in the leading causes of preventable death and disability, including cardiovascular disease, diabetes, cancer, asthma, hypertension, osteoarthritis, and reduces life expectancy and increases health care costs; and WHEREAS, the underlying contributors to obesity are limited to a number of health-damaging behaviors practiced by people on a daily basis, including unhealthy eating habits and physical inactivity; and the responsibility of healthy behavior is not solely relegated to individuals, but requires the support of healthy environments achieved through a broad-based approach to address the preventable causes of chronic disease; and WHEREAS, communities across the country engage in active living policies and programs and that active living policies and programs have a direct impact on the quality of life, economic development and sustainability in communities; and WHEREAS, Kaiser Permanente, The Colorado Health Foundation and the Colorado Department of Public Health and Environment through its LiveWell Colorado Initiative believe that supporting communities implementing evidenced-based healthy eating and active living (HEAL) activities show the most promise in curbing the obesity epidemic, and has funded such a project in Wheat Ridge; and WHEREAS, the Thriving Wheat Ridge initiative creates, supports and delivers programs, develops and encourages policies and practices that facilitate HEAL by its citizens and families, schools, faith communities, businesses, civic organizations, and associations; and WHEREAS, the goals of the Thriving Wheat Ridge initiative include: improving health and wellness through community-wide campaigns; reviewing master and comprehensive plans for health promoting language and concepts, supporting school-based health and physical education and walk and bike to schools or worksites; supporting sidewalk projects, pedestrian-safety provisions (pedestrian signals, crosswalks, or curb ramps/cuts) and bicycle facilities (bike lanes, bike storage); supporting community gardens; developing "point of decision" prompts, improving access to places and occasions for physical activity and healthy food choices, and providing information and out-reach activities, NOW, THEREFORE BE IT RESOVED THAT, the City of Wheat Ridge does hereby proclaim the week of April 23, 2007 as THRIVING WHEAT RIDGE WEEK and urges all citizens to recognize the importance of eating better and moving more and to eat better and move more every day so that the City of Wheat Ridge can be the healthiest city possible, ~ Michael Snow, City Clerk lIio,lMayor QTf-~- CITY OF WHEAT RIDGE, COLORADO Aoril 9. 2007 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p,m. Council Members present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto; Senior Planner, Meredith Reckert ; staff; and interested citizens. APPROVAL OF MINUTES OF March 26. 2007 Motion by Council Member Sang to approve the minutes of March 26, 2007; Seconded by Council Member Adams; carried 8-0. PROCLAMATIONS AND CEREMONIES Arbor Dav Proclamation Mayor DiTullio read the City's Arbor Day & Tree City U.S.A proclamation declaring April 20, 2007 as the City of Wheat Ridge Arbor Day Celebration. Joyce Manwaring spoke about the City's Arbor Day festival, taking place on Friday, April 20,2007 at Crown Hill's Pavilion of Reflection. Recoanition of WRHS Football Team 4A State Champs Mayor DiTullio recognized the Wheat Ridge High School Football team for their accomplishments and awards. Metro Mavors Youth Awards Mayor DiTullio announced the winners of the Metro Mayor's Youth Awards for the City of Wheat Ridge, and presented each with a medal and award certificate. CITIZENS' RIGHT TO SPEAK No citizens were there to speak. APPROVAL OF AGENDA Motion by Council Member Stites to add an item to the agenda, Agenda Item 4: Award RFP-07-20 Interim Connections Newsletter Project in the Total Amount of $38,268; seconded by Council Member Rotola; carried 8-0. CITY COUNCIL MINUTES: April 09, 2007 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING, Page -2- Item 1. A REQUEST FOR HISTORICAL LANDMARK DESIGNATION FOR THE STRUCTURE LOCATED ON PROPERTY ZONED COMMERCIAL-ONE (C-1) AT 9201 W. 44TH AVENUE (CASE NO. WHL-07-01) Mayor DiTullio opened the public hearing, and swore in all interested parties who were to speak on the subject. Item 1 was introduced by Council Member Schulz who read the Executive Summary. Mrs. Reckert gave a summary presentation outlining Staffs recommendations to approve the historic designation (included in this packet). Patricia Anderson, a relative of the original settlers of the property, spoke in favor of the historic designation of her property. Claudia Worth, of the Wheat Ridge Historic Society, spoke in favor of the historic designation and gave some history on the property and the family who built the home. Mrs. Worth gave the City Clerk a CD containing a recording of an oral history given by Billy Barton. Dorris Stillman, current property owner, also spoke in favor of the historic designation. Mayor DiTullio stated, for the record, that all current property owners agree and were in support of the historic designation. Mayor DiTullio closed the public hearing. Motion by Council Member Schulz to Approve Case No. WHL-07-01, a nomination for historic landmark designation for the building located at 9201 W. 44th Avenue, for the following reasons: 1. The property owners concur with and are a party to the application. 2. There has been information submitted that discloses the history of the family patriarch who originally owned the property and was prominent in settling the Wheat Ridge/Arvada area. 3. John Juchem contributed significantly to the historic built, social and economic environment in the late 1800's and early 1900's. 4. The structure embodies distinguishing characteristics of an architectural type constructed in the Denver metropolitan area in the early 1900's. 5. The Wheat Ridge Historical Society Board of Directors has recommended approval of the designation. Seconded by Council Member Womble; carried 8-0. CITY COUNCIL MINUTES: April 09, 2007 DECISIONS. RESOLUTIONS AND MOTIONS, Page -3- Item 2. RESOLUTION 10-2007 -A RESOLUTION DISCLAIMING ANY INTEREST OF CITY IN LOT 2, INDEPENDENCE BUSINESS PARK SUBDIVISION, 1ST AMENDMENT, JEFFERSON COUNTY, COLORADO Item 2 was introduced by Council Member Rotola who read the Executive Summary, Motion by Rotola to Approve Resolution 10-2007 - A Resolution Disclaiming any Interest of City in Lot 2, Independence Business Park Subdivision, 1 st Amendment, Jefferson County, Colorado, effective upon sale by the present owner of Lot 1 and Lot 2 together; seconded by Council Members Stites and Berry; carried 8-0. Item 3. Award ITB-07-18 2007 Overlay Project in the Total Amount of $712,675.59 Item 3 was introduced by Council Member Adams who read the Executive Summary. Motion by Council Member Adams to: Award ITB-07-18, 2007 Overlay Project to Premier Paving, Inc., Denver, Colorado in the amount of $647,886.90 which included alternate 1 and 2. I further move that a contingency amount of $64,788.69 be established. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $712, 675.59. I further move that all costs associated with this contract be paid from account number 30-303-800- 884, and that these funds be encumbered for the length of the project in accordance with Ordinance #787,1989 Series. Seconded by Council Member Stites; carried 7-1, with Council Member Gokey voting No. Item 4. Award RFP-07-20 Interim Connections Newsletter Project in the Total Amount of $38,268 Item 4 was introduced by Council Member Stites who read the Executive Summary. Motion by Council Member Stites to: Approve award of RFP-07-20 Interim Connection Newsletter Project, to Welch Creative Group of Denver, Colorado in the amount of $38,268.00 I also move to elect the option to renew the agreement for one year, pending no price increases. Seconded by Council Member Rotola; carried 7-1 with Council Member Berry voting No. CITY MANAGER'S MATTERS, CITY ATTORNEY'S MATTERS, CITY COUNCIL MINUTES: April 09, 2007 ELECTED OFFICIALS' MATTERS Page -4- Council Member Schulz commended the Mayor's Youth Award winners in their remarkable and notable contributions and accomplishments. Mr. Schulz further asked Council for consensus to consider pedestrian bridges over Wadsworth as part of the solutions for the Wadsworth Corridor Subarea Plan. Consensus was 4-4 with Council Members Womble, Sang, Schulz and Stites indicating Yes, and Council Members Berry, Adams, Rotola, and Gokey indicating No; Mayor DiTullio broke the tie in favor. Consensus passed 5-4 in favor. Council Member Rotola congratulated the Mayor's Youth Award winners and the Wheat Ridge Football Team for their accomplishments. Council Member Sang congratulated the Mayor's Youth Award winners and the Wheat Ridge Football Team for their accomplishments. Council Member Adams reminded our Wheat Ridge High School youth to celebrate Senior Prom safely this coming weekend. Council Member Gokey congratulated the Youth Award winners and thanked them for their contributions to our community. Mr. Gokey further asked citizens to get involved with the City perhaps with WR2020 or by contributing to the various neighborhood cleanup efforts in their area. Council Member Berry congratulated Lisa Griffin Seidel for winning an award from Jefferson County Health for her efforts to improve pedestrian safety in her neighborhood, Ms. Berry also mentioned her attendance at the Regional Cup Stacking Championships at Stevens Elementary, noting that Council Members can watch video of the competition on YourHub.com. Council Member Womble congratulated the Mayor's Youth Award winners and the Wheat Ridge Football Team for their accomplishments. Mr. Womble also thanked the citizens who participated in the recent cleanup of the home on Teller Street that belonged to a family that had a serious incident in their lives. Mayor DiTullio mentioned that six of the nine Youth Award winners recognized tonight will move ahead to the next level in the selection process. CITY COUNCIL MINUTES: April 09, 2007 ADJOURNMENT Page -5- Council Meeting was adjourned at 8:13pm. 4UJ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON APRIL 23, 2007 BY A VOTE OF to Mike Stites, Mayor pro tem The preceding Minutes were prepared according to 947 of Robert's Rules of Order, Le. 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. ITEM NO: , A\ REQUEST FOR CITY COUNCIL ACTION j C<"~' ..}~ ,~0\ ,~~ COUNCIL MEETING DATE: April 23, 2007 TITLE: RESOLUTION 12-2007, A RESOLUTION DESIGNATING ADDITIONAL BUS SHELTER LOCATIONS o PUBLIC HEARING o BIDS/MOTIONS [gj RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes l3J No -~ IiJi;L Community Development Director cR-~ City Mamq? ~ EXECUTIVE SUMMARY: Section 21-151 of the Wheat Ridge Code of Laws establishes the procedures for locating and installing bus shelters in the City. Section 21-151 (3) requires that City Council approve additional bus shelter locations by resolution. Staff is proposing additional locations. These additional locations are based on boarding information provided by the Regional Transportation District. Approval of this resolution implements Council's goal of creating a strong partnership with the community by providing amenities for transit patrons, COMMISSION/BOARD RECOMMENDATION: None, STATEMENT OF THE ISSUES: Originally, shelter locations were established under Ordinance 1996-1016 by listing the zone districts in which they were permitted. Ordinance 1998-1143 modified those locations by including a map showing streets along which benches were permitted and a map of existing and proposed locations, The map attached to this resolution shows the existing approved locations and the proposed new locations, AL TERNA TIVES CONSIDERED: Do not designate additional locations. FINANCIAL IMPACT: There no direct financial impacts of designating additional shelters. Shelters are provided by a contractor. A contract is being negotiated with a new contractor which will include revenue to the City derived from advertising on the shelters. The financial impact results from that contract, not this resolution. The contract will be presented to Council for approval at an upcoming meeting, RECOMMENDED MOTION: "1 move to adopt Resolution 12-2007, a resolution approving additional bus shelter locations." Or, "1 move to deny Resolution 12-2007, a resolution approving additional bus shelter locations." Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1. Resolution 12-2007 which includes the map of bus shelter locations \\srv-ci-eng-002\users$\awhitelAl1 Files\bus benches & shelters\bus shelterslAdditional Locations Res C AFdoc RESOLUTION NO. 12-2007 TITLE: A RESOLUTION DESIGNATING ADDITIONAL LOCATIONS FOR BUS SHELTERS WHEREAS, it is desired by the City Council of the City of Wheat Ridge to encourage transit patronage and provide amenities to those patrons; and WHEREAS, the City provides bus shelters through a contractor; and WHEREAS, Council originally approved bus shelter locations under Ordinances 1996- 1016 and 1998-1143; and WHEREAS, Wheat Ridge Code of Laws Section 21-151 requires that City Council approve additional bus shelter locations by resolution; and, WHEREAS, City Council desires to designate additional bus shelter locations in the City. NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: A. Additional bus shelters are hereby authorized as shown on attached Exhibit A. B. Placement of shelters at the additional locations shall be as prescribed in Section 21-151 (2) of the Wheat Ridge Code of Laws, DONE AND RESOLVED THIS day of ,2007. JERRY DITULLIO, MAYOR ATTEST: MICHAEL SNOW, CITY CLERK ATTACHMENT 1 \\srv-ci-eng-002\users$\awhite\All Files\bus benches & shelters\bus shelters\additional shelters res .doc ITEM NO: ~ I .:B, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 23, 2007 TITLE: RESOLUTION 13-2007 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITIES OF ARV ADA, BOULDER, BROOMFIELD, GOLDEN, LAKEWOOD, LOUISVILLE, NORTH GLENN , SUPERIOR AND THORNTON CREATING THE COLORADO WIRELESS COMMUNITIES (CWC) FOR THE PURPOSE OF WORKING WITH THE PRIVATE SECTOR TO CONSTRUCT AND DEPLOY A WIRELESS BROADBAND NETWORK THROUGHOUT EACH OF THE JURISDICTIONS D PUBLIC HEARING D BIDS/MOTIONS [8J RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes ~ No .ottrWA Cit~ EXECUTIVE SUMMARY: In April 2006, the Cities of Arvada, Broomfield, Boulder, Lakewood and Thornton, launched a formal initiative, the Colorado Wireless Communities (CWC), to evaluate the feasibility of deploying an affordable community wireless broadband network to improve the efficiency of government, promote digital inclusion, and stimulate economic development. Recognizing the benefit of a regional approach, the five core cities of the CWC are collaborating with five additional neighboring cities - Golden, Louisville, Northglenn, Superior and Wheat Ridge - extending the benefits of this initiative out to a greater region, The cities that form the CWC envision the collaboration as "Communities partnering to enable comprehensive low cost wireless broadband for residents, businesses, institutions, and visitors" in order to achieve the following objectives: . Promote job, business and economic growth throughout the CWC region . Provide a backup and contingency infrastructure for disaster response and recovelY . Enhance education by improving teacher/student interaction and enabling distance learning . Improve eftlciency of government services, including enhanced interoperable public safety communications . Improve the experience for visitors, tourists and business travelers across the CWC region The Colorado Wireless Communities members anticipate accomplishing these goals through a competitive procurement process aimed at securing private partner(s) to fund, build, own and operate a region-wide network. On January 11,2007, the CWC released a request for proposals with a proposal submission deadline of April 13th. CWC has contracted for consulting services with Civitium to assist with this process. Civitium is the market-leading management and technology consulting firm for municipal governments and institutions who are applying wireless technology as the foundation for Digital Communities, An Intergovernmental Agreement (lOA) between the Colorado Wireless Communities is necessary to formalize the establishment of the CWC and to detlne the roles and responsibilities of each member community, COMMISSION/BOARD RECOMMENDATION:, None STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: To date, the City has contributed a total of$11,025 for consulting services for the development of the RFP, radio frequency survey and management ofRFP process. Future Member contributions with regard to the CWC Operating Budget shall be apportioned by population category. The Member contributions for 2007 and the anticipated contributions for 2008 through 2012 (subject to modification by the Board) are as follows: PODulation Rang~ #CWC Members 2007 2008 2009 2010 2011 2012 o - 2.499 0 $1.080 $700 $400 $400 $400 $400. 2.500 - 4.999 0 $2.160 $1 AOO $800 $800 $800 $800 5.000 - 9.999 0 $3.240 $2,100 $1.200 $1.200 $1.200 $1.200 10.000 - 14.999 1 $4.320 $2.800 $1.600 $1.600 $1. 600 $1.600 15.000 - 24.999 2 $5.400 $3,500 $2.000 $2.000 $2.000 $2.000 25.000 - 49.999 3 $10.800 $7.000 $4.000 $4_000 $4.000 $4.000 50.000 - 74.999 0 $16..200 $10.500 $6.000 $6.000 $6.000 $6.000 75.000 and over 4 $21.600 $14.000 $8.000 $8.000 $8.000 $8.000 RECOMMENDED MOTION: "1 move to approve Resolution 13-2007 - A Resolution Approving an Intergovernmental Agreement between the City of Wheat Ridge and the Cities of Arvada, Boulder, Broomfield, Golden, Lakewood, Louisville, Northglenn, Superior and Thornton Creating the Colorado Wireless Communities (CWC) for the Purpose of Working with the Private Sector to Construct and Deploy a Wireless Broadband Network throughout Each of the Jurisdictions." or, "I move to postpone indefinitely Resolution 13-2007 - A Resolution Approving an Intergovernmental Agreement between the City of Wheat Ridge and the Cities of Arvada, Boulder, Broomfield, Golden, Lakewood, Louisville, Northglenn, Superior and Thornton Creating the Colorado Wireless Communities (CWC) for the Purpose of Working with the Private Sector to Construct and Deploy a Wireless Broadband Network throughout Each of the Jurisdictions for the following reason( s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments: 1. CWC IGA 2. Resolution 13-2007 " COLORADO, " ((( WI RELESS ))) COM M UNITI ES INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, dated and effective as of this I st day of May, 2007, is entered into by and between the undersigned municipal corporations, and city and county, each a political subdivision of the State of Colorado, (hereinafter collectively called "Members" or the "parties"). WHEREAS, the parties share similar concerns and objectives with deployment of communications networks to facilitate availability of competitive broadband services within their respective jurisdictions; and WHEREAS, the parties have concluded that deployment of additional wireless broadband networks will benefit residents, businesses and visitors in that such deployment can result in more consumer choices, better prices, greater availability of services and can additionally provide an incentive to economic development and job retention and growth opportunities; and WHEREAS, the parties have concluded that deployment of additional wireless broadband networks can also benefit local government operations by providing opportunities for enhancing general local government communications options, reducing costs, and improving public safety communications; and WHEREAS, the parties each own or control a variety of assets that can be utilized in the deployment of a wireless broadband network; and WHEREAS, the parties each maintain certain regulatory controls over deployment of wireless broadband networks to the extent that such networks utilize public rights of way, are comprised of facilities that may be located on publicly owned structures, and must comply with local land use regulations; and WHEREAS, the parties confront many of the same challenges in the allocation of scarce resources to pursuing the goals of encouraging deployment of broadband networks within their respective Colorado Wireless Communities Intergovernmental Agreement Final; 4/9/07 Page I ATTACHMENT 1 jurisdictions; and WHEREAS, after extensive study the parties have determined that they can best achieve their goals by working together to encourage the private sector to construct and deploy a wireless broadband network throughout each of their jurisdictions; and WHEREAS, the sharing of resources and information, and the cooperation in the negotiations and ultimate contractual relationship with a private sector communications entity to construct, deploy, operate and maintain a wireless broadband network would benefit the citizenry of each of the parties; and WHEREAS, the parties desire to coordinate and cooperate in the negotiation, administration and monitoring of an agreement with a private sector entity, and the exercise of their police powers with respect to such a wireless broadband network; to collectively research and study wireless broadband telecommunications matters; and on an ongoing basis to address common concerns, investigate mutual solutions to challenges, and new means of achieving common objectives pertaining to wireless broadband networks in their jurisdictions, so as to increase broadband opportunities for all residents, businesses and visitors, improve efficiency in the management of communications issues and government operations, amI to encourage the best possible wireless broadband services to all subscribers within their respective jurisdictions; and WHEREAS, Sections 29-1-203 and 29-1-401 of the Colorado Revised Statutes authorize political subdivisions of the State of Colorado to cooperate or contract to provide any lawfully authorized function, service or facility or to form and maintain associations to promote, through cooperative effort, the interest and welfare of each. NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to share information and resources pertaining to wireless broadband networks, to coordinate and cooperate in the negotiation, administration and monitoring of an agreement with a private sector entity, and the exercise of their police powers with respect to such a wireless broadband network, to investigate mutual solutions to challenges pertaining to wireless broadband networks, and to explore new means of achieving common objectives pertaining to wireless broadband networks in Member jurisdictions, so as to increase broadband opportunities for all residents, businesses and visitors, improve efficiency in the management of communications issues and government operations, and to encourage the best possible wireless broadband services to all subscribers. 2. ESTABLISHMENT OF COLORADO WIRELESS COMMUNITIES. The parties hereby create an intergovernmental entity to be known as the "Colorado Wireless Communities", or "CWC". CWC shall be separate from its Members, but governed by the parties according to the terms hereof, The central communications address and headquarters of CWC shall be 480 South Allison Parkway, Lakewood, Colorado, 80226-3105, initially, although CWC Members may vote following execution to change said address among parties, establish an independent headquarters, or adopt such other practices Colorado Wireless Communities Intergovernmental Agreement Pinal; 4/9/07 Page 2 or procedures in this regard as they deem fit. 3. DEFINITIONS. For the purposes of this Agreement the following words, terms and phrases shall have the following meanings, "Director" shall mean the individual appointed by a Member to be its representative in the CWC. "Member" shall mean a political subdivision of the State of Colorado, which has entered into and formally executed this Agreement with proper legislative approval. The Board of Directors may provide for different categories of membership. 4. BOARD OF DIRECTORS, Each Member shall appoint one Director to serve on a Board of Directors of the CWC (the "Board") for a 3-year term, and, at its option, up to two alternates, to attend meetings in place of the Director in case the Director is unavailable. References in this Agreement to "the Directors" shall include all Directors and Alternate Directors. The selection and qualifications of each Director shall be within the discretion of each Member; however notice of the initial selection, and any changes or substitutions shall be sent promptly to the CWC at its communications address, Directors shall serve without compensation from the CWC. The CWC shall act through the Board, although the Board may vote to delegate specific authority to the officers of the CWC, or to any executive committee or any special committees the Board may constitute. 5. OFFICERS. The officers of the CWC shall include a president, a vice president, a treasurer, and a secretary, each of whom shall be elected at the annual meeting of the CWC in odd numbered years. New officers shall take office at the adjournment of the annual meeting at which they are elected. The Board may elect an assistant treasurer and/or an assistant secretary, in its discretion. A. President. The president shall preside at all meetings of the CWC and shall perform all duties incident to the office of president, and such other duties as may be prescribed by the CWC. B. Vice President. The vice president shall act as president in the absence of the president, and shall have such other duties as may be prescribed by the CWC. e. Secretary. The secretary shall be responsible for keeping a record of all of the proceedings of the CWC, preparing and circulating minutes and agenda, facilitating communications, and arranging and giving notice of the meetings. D, Treasurer. The treasurer shall have custody of the CWC funds, pay its bills, keep its financial records and generally conduct its financial affairs, The qualifications of the treasurer and other requirements shall be as prescribed by the CWe. 6. VOTING. Each Member in good standing shall have one vote. There shall be no voting by Colorado Wireless Communities IntergovernrnentalAgreement Final; 4/9/07 Page 3 proxy; all votes must be cast in person at ewe meetings by a Director from a Member's Director, or such Director's alternate, except as otherwise may be provided in the Bylaws. Directors shall not be eligible to vote on behalf of any Member during the time that the Member is in default on any contribution or payment owed to the ewe. A quorum of no less than one-half plus one of the Members currently in good standing shall be necessary for the conduct of ewe business. Decisions of the ewe shall be by a majority vote of those Member Directors present at a duly called meeting. 7, BYLAWS. The ewe Board of Directors shall have the authority to adopt bylaws governing the conduct of the ewe, its meetings, and communications and interaction among the Members. 8. FINANCES, A. Ooerating Budget. The Treasurer shall prepare an operating budget (the "Operating Budget") by October 1 st of each year this Agreement is in effect. The Operating Budget shall set forth anticipated expenses, financing sources, and proposed service levels necessary to carry out the purpose of this Agreement, and shall be adopted and filed in accordance with applicable law, The Operating Budget shall take effect the following fiscal year, beginning on January 1st. Directors shall vote to approve any Operating Budget according to the voting procedures set forth in Section 6, above. Each Member shall have the right to refuse to pay that Member's assessment and withdraw from the ewe by giving notice of withdrawal as provided in Section 12, B, Contribution. (i) Member contributions with regard to the Operating Budget shall be apportioned by population category. The Member contributions for 2007 and the anticipated contributions for 2008 through 2012 (subject to modification by the Board) are as follows: Pooulation Range #cwe Members 2007 2008 2009 2010 2011 2012 o - 2.499 0 $1.080 $700 $400 $400 $400 $400 2.500 - 4.999 0 $2.160 $1.400 $800 $800 $800 $800 5.000 - 9.999 0 $3.240 $2.100 $1.200 $1,200 $1.200 $1.200 10.000 -14.999 1 $4.320 $2.800 $1.600 $1.600 $1.600 $1.600 15.000 - 24.999 2 $5.400 $3.500 $2.000 $2,000 $2.000 $2.000 25.000 - 49.999 3 $10,800 $7.000 $4.000 $4.000 $4.000 $4,000 50.000 - 74.999 0 $16.200 $10,500 $6,000 $6,000 $6,000 $6.000 75.000 and over 4 $21.600 $14.000 $8.000 $8.000 $8,000 $8.000 (ii) With the approval of the Board, Members may be credited for the monetary value of any personnel time, equipment or facilities used by the CWC, or for other non-cash contributions that benefit the CWC as a whole, (iii) The failure of any Member to pay its contribution to the approved Operating Budget by Colorado Wireless Communities Intergovernmental Agreement Final; 4/9/07 Page 4 January 31 st of the applicable fiscal year shall be considered a default for the purposes of this Agreement, and such Members shall be considered no longer in good standing for all the purposes of this Agreement until paid in full. All Members as of January 1 st in a given year (i,e., Members who have not submitted a notice of withdrawal pursuant to Paragraph 12 or who have not had their membership terminated pursuant to Paragraph 13) shall be obligated for the full amount of its annual contribution for that year, regardless of whether such membership is terminated for any reason during the course of the year. 9. POWERS_, The ewe shall have the power to conduct research, communicate with individual Members, address issues on behalf of the ewe to legislative bodies or government agencies, and to take whatever measures the Board deems necessary to accomplish the ewC's purposes as set forth in Section 1 above. The ewe shall further have the power to maintain and utilize assets purchased with Member contributions, and funds contributed to the ewe according to the terms of this Agreement. The ewe additionally has the power to perform duties which include, but are not limited to working cooperatively among its Member jurisdictions to standardize permit forms, application processes, review, authorization and management of permits in order to facilitate to purposes and goals of the ewe. The ewe is hereby authorized by the Members to do all that is necessary for the exercise of its powers within the constraints of the approved Operating Budget, including, but not limited to any or all of the following: hiring employees or consultants, entering into contracts, acquiring, holding or disposing of property, incurring liabilities or obligations within the limits of any applicable law required by the exercise of these powers, authorizing and approving budgets and financial expenditures, and such other powers as are prescribed by the Members hereof. 10, MEETINGS, A. Regular Meetings, Regular meetings of the ewe shall be held as determined by a majority vote of the Board, B, Soecial Meetings, Special meetings of the ewe may be called by (1) the president, or (2) the secretary upon the written request of at least three Directors, One week's written notice of a special meeting, and the subject matter of that meeting, shall be given to the Directors. e. Notice, The Secretary shall give notice of ewe meetings to the Directors at least one week in advance and additionally as directed by the Members. When feasible, the agenda for such meetings, and the minutes of the previous meeting, shall accompany such notice. Discussion at regular meetings of the ewe need not be limited to matters set forth in the agenda. D. Executive Sessions. All meetings shall be open to the public as provided in the Colorado Open Meetings Law, C.R.S, 24-6-401 et seq., or any successor statute thereto, unless a vote of two-thirds of the entire membership votes to hold a closed executive session for the purposes, and in accordance with the procedures, set forth in the Open Meetings Law or any successor statute thereto, Colorado Wireless Communities Intergovernmental Agreement Final; 4/9/07 Page 5 11. NEW MEMBER~. After the effective date of this Agreement, additional governmental entities may become Members of the CWC upon application to, and approval by, the Board of Directors, Approval of new Members shall require an affirmative vote of two thirds (2/3) of the then existing Members, Approval by the Board of additional members shall be conditioned upon the following: A. Reimbursement. Reimbursement by the new Members of the CWC for the expenses of the CWC resulting from addition of the new Member, including, but not limited to, reasonable attorneys' fees, consultants' fees, accountants' fees, engineering fees and all other such reasonable out-of-pocket expenses as may be incurred, B. Adoption, Adoption by the duly elected governing body of the new Member of this Agreement in accordance with applicable law, so as to permit the new Member to participate in the CWC, and the CWC to operate, in a manner that is consistent with this Agreement and any adopted Bylaws. C, Compliance. Compliance by the new Member with such other conditions as may be determined appropriate by the Board of Directors before such new member is admitted as a Member of the CWC. Compliance may include, in the Board's discretion, payment to CWC to compensate for the costs incurred in developing any contracts, other operational documents, or programs or opportunities involving wireless broadband communications that provide a benefit to CWC communities. D. Elhribilitv. Other governmental entities within the State of Colorado with interests in wireless broadband communications shall be eligible to become Members in the CWC. 12. WITHDRAWAL. Any Member may withdraw from this Agreement by filing written notice of its intention to do so with the central communications address of the CWC and each of the other Members. Termination will take effect for the purposes of contributions on January 1 st of any year, provided there is at least three weeks advance notice, The withdrawal of any Member from this Agreement shall in no way affect the rights and obligations of the remaining Members, except as agreed upon between the remaining Members, Members withdrawing from this Agreement are not entitled to the return of any funds contributed to the CWC for the Operating Budget, or to the return of any materials or supplies contributed to the CWC. 13. TERMINATION AND DISPOSITION OF PROPERTY. This Agreement shall be deemed terminated when only one Member continues to participate in the CWC, or when all participating Members choose to terminate it. Upon termination, all assets and the remainder of the Operating Budget shall be distributed to the Members still active at the time of termination or continuing to participate on a pro rata basis and in proportion to each Member's financial participation during the prior fiscal year. 14. COOPERATION AND PUBLIC CHARGE. The parties hereby agree that they shall cooperate so far as possible within the constraints of applicable law to effectuate the intent of this Agreement. Members are encouraged but shall not be required to contribute available personnel or employee time, and other available resources without cost to the CWe. The CWC shall at all times act within conformity with all applicable laws, statutes and regulations, including equal opportunity Colorado Wireless Communities lntergovernmentalAgreement Final; 4/9/07 Page 6 provisions, and Members and their Directors agree that they will make decisions and act in accordance with the public interest, so as to best benefit their citizens and subscribers of broadband services. 15. EFFECTIVE DATE AND TERM. This Agreement shall become effective when it has been duly authorized by at least three of the parties and executed originals of this Agreement and other appropriate documents evidencing such approval, have been filed at the central communications address of the CWC with copies to the other Members as provided above. This Agreement shall continue in effect through December 31 st following the effective date and thereafter from year-to-year, or until termination in accordance with the terms hereof, 16. INSURANCE AND HOLD HARMLESS. CWC Directors shall serve as part of their regular job responsibilities as employees of CWC's individual Member jurisdictions, and as such, are covered by the insurance provided by their employers. No Member, and no Director, shall be liable for claims because of participation in, or as the result of any action or omission by, the CWe. Without waiving the protections, rights and limitations of the Colorado Governmental Immunity Act, e.R.S. 24-10-101 et seq, and any other applicable laws, where appropriate, the individual Member jurisdictions shall, defend and indemnify Members and Directors against any and all claims, judgments, losses, demands, and costs in any way arising out of this Agreement to the extent such claims, judgments, losses, demands and costs are not barred by the Colorado Governmental Immunity Act and any other applicable laws, The CWC shall be responsible for any insurance necessary for its operation relating to assets owned, liabilities incurred and/or employees retained by the CWC, independent of the individual Member jurisdictions. In so doing, the CWC does not waive the protections, rights and limitations of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq, and any other applicable laws, 17. SEVERABILITY. Should any part, term, or provision of this Agreement be declared to be illegal or in conflict with any law whatsoever, or otherwise rendered unenforceable or ineffectual, by any agency or court of competent jurisdiction, the remaining portions of this Agreement shall nonetheless remain in effect and the Members each agree that they would have entered into each provision of this Agreement separately even if none of the other provisions had been included, 18. AMENDMENT, This Agreement may be amended by the two-thirds majority vote of the entire membership, based upon each Member being entitled to one vote. 19. REPORTING AND RECORD KEEPING, The CWC shall report all proposed amendments of this Agreement or any bylaws promulgated pursuant to this Agreement, any Meeting changes, changes in budget, and any information important to the operation of this Agreement to the Directors of each Member promptly. All documents required to be made available under any local, state, or federal law or regulation shall be deposited at the central communications address as set forth in Section 2, above. The procedures and responsibilities for responding to any open records requests under Colorado law shall be addressed in the Bylaws, To the extent required by applicable law, the Board shall engage an independent accounting firm to perform an annual audit of the budget of the CWC, which audit shall be distributed to each Member in summary form. All such documents and any and all documents maintained by, or pertaining to, the CWC shall be available upon reasonable notice for inspection by any Member. Colorado Wireless Communities Intergovernmental Agreement Final; 4/9/07 Page 7 20. NO THIRD PARTY BENEFICIARIES, Nothing in this Agreement shall give rise to any rights or allow any claim by any third party. It is the express intention of the Parties that any third party receiving benefits from this Agreement shall be deemed an incidental beneficiary only. 21. VENUE. Any legal action brought pursuant to this Agreement shall be proper in the City and County of Denver. 22, NO MULTIPLE-YEAR FISCAL OBLIGATION. The obligations of the Members to contribute to the Operating Budget are specifically conditioned upon annual appropriation of funds for the same at the legislative discretion of the governing body of each Member. No Member is hereby obligated to make any such appropriation, and no multiple-year fiscal obligation of any Member, within the meaning of Article X, Section 20 of the Colorado Constitution, is created or implied in this Agreement IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement below on the date first above written. (CITY/AND COUNTY/TOWN) OF COLORADO By: Title: ATTEST: APPROVED AS TO FORM: Colorado Wireless Communities lntergovernrnentalAgreement Final; 4/9/07 Page 8 RESOLUTION 13 Series of 2007 TITLE: RESOLUTION 13-2007 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITIES OF ARV ADA, BOULDER, BROOMFIELD, GOLDEN, LAKEWOOD, LOUISVILLE, NORTHGLENN , SUPERIOR AND THORNTON CREATING THE COLORADO WIRELESS COMMUNITIES (CWC) FOR THE PURPOSE OF WORKING WITH THE PRIVATE SECTOR TO CONSTRUCT AND DEPLOY A WIRELESS BROADBAND NETWORK THROUGHOUT EACH OF THE JURISDICTIONS WHEREAS, the City shares similar concerns and objectives with deployment of communications networks to facilitate availability of competitive broadband services within their respective jurisdictions; and WHEREAS, the City has concluded that deployment of additional wireless broadband networks will benefit residents, businesses and visitors in that such deployment can result in more consumer choices, better prices, greater availability of services and can additionally provide an incentive to economic development and job retention and growth opportunities; and WHEREAS, the City has concluded that deployment of additional wireless broadband networks can also benefit local government operations by providing opportunities for enhancing general local government communications options, reducing costs, and improving public safety communications; and WHEREAS, the City owns or controls a variety of assets that can be utilized in the deployment of a wireless broadband network; and WHEREAS, the City maintains certain regulatory controls over deployment of wireless broadband networks to the extent that such networks utilize public rights of way, are comprised of facilities that may be located on publicly owned structures, and must comply with local land use regulations; and WHEREAS, the City confronts many of the same challenges in the allocation of scarce resources to pursuing the goals of encouraging deployment of broadband networks within their respective jurisdictions; and WHEREAS, after extensive study the City has determined that it can best achieve its goals by working with the parties to encourage the private sector to construct and deploy a wireless broadband network throughout each of their jurisdictions; and WHEREAS, the sharing of resources and information, and the cooperation in the negotiations and ultimate contractual relationship with a private sector communications entity to construct, deploy, operate and maintain a wireless broadband network would benefit the citizenry of the City; and WHEREAS, the City desires to coordinate and cooperate in the negotiation, administration and monitoring of an agreement with a private sector entity, and the exercise of ATTACHMENT 2 their police powers with respect to such a wireless broadband network; to collectively research and study wireless broadband telecommunications matters; and on an ongoing basis to address common concerns, investigate mutual solutions to challenges, and new means of achieving common objectives pertaining to wireless broadband networks in their jurisdictions, so as to increase broadband opportunities for all residents, businesses and visitors, improve efficiency in the management of communications issues and government operations, and to encourage the best possible wireless broadband services to all subscribers within their respective jurisdictions; and WHEREAS, Sections 29-1-203 and 29-1-401 of the Colorado Revised Statutes authorize political subdivisions of the State of Colorado to cooperate or contract to provide any lawfully authorized function, service or facility or to form and maintain associations to promote, through cooperative effort, the interest and welfare of each. NOW THEREFORE, be it resolved by the Council of the City of Wheat Ridge that: Section 1. The Intergovernmental Agreement between the City of Wheat Ridge and the Cities of Arvada, Boulder, Broomfield, Golden, Lakewood, Louisville, Northglenn , Superior and Thornton Creating the Colorado Wireless Communities for the Purpose of Working with the Private Sector to Construct and Deploy a Wireless Broadband Network throughout Each of the Jurisdictions, attached hereto and incorporated herein by this reference, is approved. Section 2. This Resolution shall be effective immediately upon adoption, DONE AND RESOLVED THIS day of April 2007. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk ITEM NO: fa c, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 23, 2007 TITLE: RESOLUTION 14-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 BUDGET TO REFLECT ACCEPTANCE OF THE THRIVING WHEAT RIDGE GRANT IN THE AMOUNT OF $15,081 FOR THE PURPOSE OF PROVIDING RECREATION PROGRAMS o PUBLIC HEARING o BIDS/MOTIONS C8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes C8J No . ~~ng~~e~~ Cit~d EXECUTIVE SUMMARY: The Parks and Recreation Department is an active participant in the Thriving Wheat Ridge initiative that promotes healthy eating and active living in the Wheat Ridge community. Thriving Wheat Ridge has received 2007 grant funds from LiveWell Colorado. LiveWell Colorado is a statewide initiative aimed at reducing overweight and obesity rates and related chronic diseases in Colorado. A partnership among foundations, health care organizations, non-profit organizations and state and local public health agencies, LiveWell Colorado works with communities to promote healthy eating and active living through policies, programs and environmental changes. Sponsored by The Colorado Health Foundation, CDPHE and Kaiser Permanente, this collaborative initiative focuses on comprehensive community approaches to healthy lifestyles, while reducing duplicative fundraising, administration and evaluation efforts throughout the state. This grant meets the strategic plan goal of Strong Partnership between City and Community. COMMISSION/BOARD RECOMMENDATION:, N/A STATEMENT OF THE ISSUES:. Thriving Wheat Ridge received notification of receipt of the grant in December 2006. The grant includes funding for several programs that will be conducted by the Parks and Recreation Department. These programs were not included in the 2007 budget process due to the timing of the grant notification. The grant programs include various after school programs, a parent/tot sports program entitled Start Smart and a tandem bike loan program that will allow participants to borrow a bike for use on the Clear Creek Trail. Participants are not charged a fee for these programs. ALTERNATIVES CONSIDERED: Not accept the grant funds. FINANCIAL IMPACT: Additional appropriation: 01-621-600-617 - $10,191 01-621-650-660 - $4,890 Total- $15,081 RECOMMENDED MOTION: "I move to approve Resolution 14-2007 - A Resolution Amending the Fiscal Year 2007 Budget to Reflect Acceptance of the Thriving Wheat Ridge Grant in the Amount of $15,081 for the Purpose of Providing Recreation Programs." or, "I move to table indefinitely Resolution 14-2007 - A Resolution Amending the Fiscal Year 2007 Budget to Reflect Acceptance ofthe Thriving Wheat Ridge Grant in the Amount of$15,081 for the Purpose of Providing Recreation Programs for the following reason( s) " Report Prepared by: Reviewed by: Joyce Manwaring, Parks & Recreation Director Randy Young, City Manager Attachments: 1. Resolution 14-2007 070423 C AF budget appropriation for grant 07.doc RESOLUTION NO. 14 Series of 2007 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2007 BUDGET TO REFLECT ACCEPTANCE OF THE THRIVING WHEAT RIDGE GRANT IN THE AMOUNT OF $15,081 FOR THE PURPOSE OF PROVIDING RECREATION PROGRAMS WHEREAS, the City of Wheat Ridge supports a strong partnership between city and community; and WHEREAS, the City Council supports youth and adult recreation programs; WHEREAS, the City of Wheat Ridge wishes to facilitate programs to support health and wellness in the community; and WHEREAS, the City of Wheat Ridge recognizes the importance of quality of life through the provision of Parks and Recreation services; and WHEREAS, staff recommends accepting this grant to facilitate these programs; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The following amendment to the 2007 General Fund budget is hereby approved: A supplemental budget appropriation from General Fund undesignated reserves in the total of amount of $15,081. The amount of $10,191 to account #01-621-600-617 and the amount of $4,890 to account# 01-621-650-660 for the purpose of expending the Thriving Wheat Ridge grant. Grant revenues will be reimbursed to the general fund revenues. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS 23rd DAY OF APRIL 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 ITEM NO: IL1), REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 23, 2007 TITLE: AWARD RFB-07-22, 2007 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT PROJECT AT A TOTAL COST OF $69,459.67 o PUBLIC HEARING IZI BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: 0 IZI ~/jNO Director of Public Works City ~c.tJr-~ EXECUTIVE SUMMARY: The Public Works Department is proposing purchase of traffic signal equipment for its traffic signal improvements program. The purpose ofthis program is to upgrade the City's traffic signal system to improve signal visibility, improve communication ability and replace obsolete equipment. The work proposed for this year will complete the upgrade of all intersection traffic signals. The last phase of the program, scheduled for 2008, will upgrade mid-block signals and warning lights. Work scheduled for intersections this year will be performed by Operations Division staff. The intersections scheduled are: 1) West 38th Avenue at Vance Street 3) 29th Avenue at Pierce Street 5) 29th Avenue at Fenton Street 7) 44th Avenue at Field Street 2) 41 st Avenue at Pierce Street 4) 44th Avenue at Garrison Street 6) 49th A venue at Kipling Street 8) 32nd Avenue at Simms/Swadley Street Staff recommends award of equipment purchases to the following: AM Signal, Inc. of Longmont, Colorado in the amount of $47,171.50; Econolite Control Products, of Arvada, Colorado in the amount of $9,000.00; Native American Industries of Mount Jackson, Virginia in the amount of $9,705.17 and Traffic Signal Controls, Inc. ofLongmont, Colorado in the amount of$3,583.00. The total cost of the equipment is $69,459.67. COMMISSION/BOARD RECOMMENDATION:, N/A STATEMENT OF THE ISSUES:. Bids for the 2007 Traffic Signal Equipment Replacement Project, RFB-07-22 were opened on Tuesday, March 6, 2007. Six (6) bids were received. The apparent low, fully responsive bidders include: AM Signal, Inc. ofLongmont, Colorado in the amount of$47,171.50 for 3 section 12-inch LED overhead signal heads, LED pedestrian signal heads with countdown, 12-inch yellow arrow LED lenses and video detection unit only; Econolite Control Products, of Arvada, Colorado in the amount of $9 ,000. 00 for the controller cabinet and computer slide out drawer only; Native American Industries of Mount Jackson, Virginia in the amount of$9,705.17 for 3 section l2-inch LED side of pole signal heads. Traffic Signal Controls, Inc. ofLongmont, Colorado in the amount of$3,583,00 for pedestrian push buttons with sign and 12-green arrow LED lenses only. AM Signal Inc" Econolite Control Products, Native American Industries and Traffic Signal Controls, Inc. have met all bid requirements. Based upon the compliance with bid specifications, Staff recommends award to the low bidders on the equipment. ALTERNATIVES CONSIDERED: No award and the 2007 Traffic Signal Equipment Replacement Project will not be completed. FINANCIAL IMPACT: The funds for this project are budgeted in the Other Major Equipment project line item, account number 01-303-800-809, of the 2007 Public Works Operations budget of$IOO,OOO.OO. RECOMMENDED MOTION: "I move to award RFB-07 -22, 2007 Traffic Signal Equipment Replacement project to AM Signal, Inc., of Littleton, Colorado in the amount oftheir bid of$47, 171.50; to Econolite Control Products Inc., of Golden, Colorado in the amount of their bid of $9,000.00; to Native American Industries of Mount Jackson, Virginia in the amount of $9,705.17; and to Traffic Signal Control, Inc., of Longmont, Colorado in the amount oftheir bid of$3,583,00. I further move that all costs associated with this contract be paid from account number 01-303-800-809, and that these funds be encumbered in accordance with Ordinance #787, 1989 Series." or, "I move to deny award ofRFB-07-22, 2007 Traffic Signal Equipment Replacement Project, for the followingreason(s) " Report Prepared by: Reviewed by: Greg Knudson, Operations Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1. Bid Tab for Traffic Signal Equipment Replacement Project 070423 Award for RFB-07 -22 _Traffic Signal Equipment.doc CITY OF WHEAT RIDGE BID TABULATION I BID/PROPOSAL NO. OPENED BY t RFB-07-22 Linda Trimble, Purchasing Agent, BID DUE DATEfTIME WITNESSED BY PROJECT: TRAFFIC SIGNAL EQUIPMENT REPLACEMENT 03106/07 by 2:00 pm Julie Pavel, Purchasing Assistant Yfi> REQUESTING DEPTJDIVISION ...:J PUBLIC WORKS PAGE 1 OF VENDOR Am eiono lile. GoA€S N crtNe.. -r ('O.+t\c.. Tro..~(c.. ~ 31&~CI.. \ _~rD\ ,,\~ So\€S f1m~ "W. ?0t4-s ) :tnc. Sian", ~\s LOCATION L {tHe. -\on 6o\tkn t)€.\\\l € r VA IX LC\'A.~ DESCRIPTION _:-QQv.lis I SERVICES v -I SIGNATURE PAGE ~es ~ts '1es ~es "Jes ~e.s J> ACCEPTS VISA ~es ~es N6 No "Jes ~es. n . n__ ." 3 SECTION 12" LE:l) HEADS Yl4 ~ Ll3S ~ ya8 )j.. SQ. Yd()~S :c (OVERHEAD) No B,a YIS 3 SECTION 12" lED HEADS 3SS~ 3 \2:> 92 ~ (SIDE OF POLE) 3Lll ~ No B\d. 33Y~ 3(oOCQ. ICC OR EQUAL LED PEDESTRAIN 33'7 g1 m SIGNAL HEADS WI COUNTDOWN 515 ~~ No ~I<i 3Y6~ 31~~ 3)S~ ..- -~ Z PEDESTRAIN PUSH HU ITONS 5q~ 55~ Cia g<1 55~ ss~ WI SIGN No B\-a -I 12" GREEN LED LENS ONLY ~d~ No &0 JOO ~ No B,d. qa@ 27~ ~ .s3~ 56~ 12" YELLOW LED LENS ONLY f'h ~) (\. f..o 00 No ~\.c\ Y8~ 0- 12" GREEN ARROW LED LENS 11~ (08 '7S &3~ ONLY 73 92.. No B.'d No t)'\a, 12" YELLOW ARROW LED LENS y, s~ Nc. &-.~<\ 58~ N~B\~ Y7~. y.ac&. ONLY J:\BID TABULATION SHEETS\RFB-07-22.doc _.__.._-_._-_..._._-~- CI1'f Of ~EP. T RlOGE 6\0 ,~6U\.~ ,tON f3101?ROPOSM. NO RFS-07 -22 ~~ 03/06107 b~ ~t::p,!:~:\ON pua\..\C 'J'IIOR~S O?~N~O a't' . ;;~d' ifirnb\e~ Ment ~ _",,,c:.inQ p.' ' J~'Sin9 I'-SSlStant PAGE...-'b- of ~ :.~"'- -~- ------- ". - ~f.).\+Je.. -"\ \().~~~ (... -r\O-~~ (;.o6.€S S \B'(\'~ ~IS 'Pt'(!\ ~c.c'f\O\\~ ~(t'\CC"" ~. ~~l'~~ \lE.NOOR S\es'(\o-. \ c.an\i'O\ ?~ Sf;.'eS -:;:)( , \-Ot\dro~~ /" \-~ ~ \\ M f\...t-e.L 'Sf>.. v ,_\\-~~~ l.OCP.:T\O~ ~~~~~I~t<cfc":~~~~~"c~BL ~ \ 0) o..Sr:::,<e. QOOOcB. ~O O~~ N b ~~d. NO B,6, ND <2:>\~ 'J'/iCOt<iROLLER & CO~p\JiER } ND ~,"6 suoE. O\.n ORJ\\NE.R ~b e:,\~ Nt> CO \~ ND &~~ .- &;, o.,~ ~ No ~~d. uPS Ill'- i1E.R~ Bi'C\<. UP ND ~{~ \'S D ~~ d.. c$;1. ~D ~~c\. ~6'6:d. No t)\~ -- 4 I gtP lcO > (i/1~ /.;4 ) D\L\ \9- &\)O\SrB.- \/\oE.O OE.\E.C\\ON ~d J.o4'1 ~ q r:t::D rf>>. f..p?J ) ~ 1..05 cf:; ioi/ll. OEU\JEJ<.EO PRICE ) ~eS ieS ieS - 'leS "es "ieS I'-C\<.t<O'J'/I-EOGE AOOE!lOU~ #1 - - \ \ \ \ \ 11"') I\,lf"IC SIGNP.\' EQUIPMENT REP\.p.CEMENT PROJSC1: ~ r ,.,,'0 ".u",1\0" S"EE1SIRF\3'<>' .22.'" ITEM NO: l, [;, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 23, 2007 TITLE: 40TH AVENUE TRAFFIC SIGNAL EASEMENT D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D [2J Yes No ~ t:-.~ Tim Paranto, Director of Public Works City ~c.:>..J '1- EXECUTIVE SUMMARY: The 40th A venue Underpass project includes construction of a traffic signal at Y oungfield Street. A small easement area is required on the Y oungfield Plaza property for placement of a pole, along with a temporary easement for placement of electrical cables. The Y oungfield Plaza LLC has donated the easement to the City. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: A lO foot by 10 foot easement is needed immediately east of the Y oungfield Street right-of-way for construction of a traffic signal pole. Staff has obtained a donation of the easement, along with a temporary construction easement, to facilitate the new traffic signal being constructed with the 40th Avenue Underpass of 1-70. ALTERNATIVES CONSIDERED:. N/A FINANCIAL IMPACT: Acceptance of the easement will have no financial impact on the City. RECOMMENDED MOTION: "I move to accept the Permanent and Temporary Easements at 40th A venue and Y oungfield Street as described in the Easement Agreement." or, "1 move to deny acceptance of the Easements for the following reason( s) " Report Prepared by: Reviewed by: Tim Paranto Randy Young Attachments: 1. Easement Agreement Location: Y oungfield Street WhCl\l Ridge, Colorado 80033 EASEMENT AGREEMENT KNOW ALL MEN BY TIIESE PRESENTS, that Y oungfie1d Plaza LLC, whose address is 4096 Y oungfie1d Street, Wheat Ridge, County of Jefferson, State of Colorado, hereinafter called the "Grantor," for and in consideration of the sum of ONE and 00/100 DOLLARS ($1.00) and other valuable consideration in hand paid by the City of Wheat Ridge, hereinafter called "City", does hereby give and grant to said City a PERMANENT EASEMENT and a TEMPORARY EASEMENT for construction and maintenance of a traffic signal on, along, over and across the following described premises to-wit: TWO PARCELS OF LAND BEING A PORTION OF LOT 1, YOUNGFIELD PLAZA. RECORDED AUGUST 8, 1991 IN TIIE Jn1' l' nRSON COUNTY CLERK AND RECORDER'S OFFICE IN BOOK 106 AT PAGE 52, AND RECEPTION NUMBER 91071853, LOCATED IN TIIE SOUTIIWEST QUARTER OF SECTION 20, TOWNSHll' 3 SOUTH, RANGE 69 WEST OF TIIE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF Jn1'rnKSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: PERMANENT EASEMENT COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 20; THENCE S 89022'41" W, ALONG TIIE SOUTH LINE OF SAID SOUTHWEST QUARTER, 1256.67 FEET TO POINT ON THE WEST LINE OF SAID LOT 1; THENCE N 01005'30" W, ALONG SAID WEST LINE, 96.02 FEET TO THE POINT OF BEGINNING; llil:lNCE S 88054'31" E, 10,00 FEET TO A POINT 10.00 1'nnl EAST OF, MEASURED NORMAL TO, SAID WEST LINE; THENCE N 01005'30" W, PARALLEL wrm SAID WEST LINE, 10.00 FEET; TIIENCE N 88054'31" W, 10.00 FEET TO A POINT ON SAID WEST LINE; THENCE S 01005'30" E, ALONG SAID WEST LINE, 10.00 FEET TO TIIEPOINT OF BEGINNING. TIIE ABOVE DESCRIBED PARCEL CONTAINS 100 SQUARE FEET OR 0.0023 ACRE, MORE OR LESS, TOGETIIER wrm: TEMPORARY EASEMENT COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 20; TIIENCE S 89022'41" W, ALONG TIIE SOUTH LINE OF SAID SOUTHWEST QUARTER, 1256.67 FEET TO POINT ON TIIE EAST WEST LINE OF SAID LOT 1; TIIENCE N 01005'30" W, ALONG SAID WEST LINE, 96.02 FEET TO THE POINT OF BEGINNING; TIIENCE S 88054'31" E, 10.00 t'bbl TO A POINT 10.00 FEET EAST OF, MEASURED NORMAL TO, SAID WEST LINE; THENCE SOl 005'30" E, PARALLEL wrm SAID WEST LINE, 60.00 FEET; THENCE N 88054'31" W, 10.00 l'nnl TO A POINT ON SAID WEST LINE; TIIENCE N 01005'30" W, ALONG SAID WEST LINE, 60,00 t'hhT TO TIIEPOINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 600 SQUARE FEET OR 0,0138 ACRE, MORE OR LESS, ATTACHMENT 1 And the Grantor hereby covenants with the City that it has good title to the afore described premises; and that it has good and lawful right to grant this easement. ~ss WHEREO:, ~ hereunto set my hand this .;l.:).day of June A,D" 2006, ~~~~~ I) 1L1<~O' Y oungfield Plaza L.L.c. ) STATE OF COLORADO ) ) SS. ) COUNTY OF JJ:\l'l'J:\KSON Ii The foregoing instrument was aclmowledged before me thisM day of June 2006, My commission expires 7 -;;l \ ,.J. l., [)1_, Witness my hand and official seaL SEAL N~~ r11AA1~ The drafter of this description is Professional Land Surveyor, P,L.S, prepared on behalf of the City of Wheat Ridge, Colorado, and is not to be construed as representing a monumented land survey. 2 40TII A VB. UNDERPASS & INTERSTATE 70 IN 306006.0 MAY 31, 2006 SHEET 1 OF 3 EXtilBIT "A" lWO PARCELS OF LAND BEING A PORTION OF LOT 1, YOUNG.l'1bLD PLAZA. RECORDED AUGUST 8, 1991 IN THE Jill'!'bKSON COUNTY CLERK AND RECORDER'S OFFICE IN BOOK 106 AT PAGE 52, AND RECEPTION NUMBER 91071853, LOCA1bu IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 soum, RANGE 69 WEST OF THE SIXTH PRlNCIP AL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF Jb!'!'bKSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: PERMANENT EASEMENT COMMENCING AT THE SOUTIIEAST CORNER OF THh SOUfHWEST QUARTER OF SECTION 20; TIIENCE S 89022'41" W, ALONG THE soum LINE OF SAID SOUTIlWEST QUARTER, 1256.67 FEET TO POINT ON THE WEST LINE OF SAID LOT 1; TIIENCE N 01005'30" W, ALONG SAID WEST LINE, 96.02 !'h.l:H TO Lilli POINT OF BEGINNING; TIIENCE S 88054'31" E, 10.00 FEET TO A POINT 10.00 !'hh1 EAST OF, MEASURED NORMAL TO, SAID WEST LINE; TIIENCE N 01005'30" W, PARALLEL WITH SAID WEST LINE, 10.00 FEET; TIIENCE N 88054'31" W, 10.00 FEET TO A POINT ON SAID WEST LINE; TIIENCE SOl 005'30" E, ALONG SAID WEST LINE, 10,00 FEET TO THE POINT OF BEGINNING. TIIE ABOVE DESCRIBED PARCEL CONTAINS 100 SQUARE !'hh1 OR 0.0023 ACRE, MORE OR LESS. TOGETIIER WITH: TEMPORARY EASEMENT . COMMENCING AT THE SOUTIIEAST CORNER OF THE SOUfHWEST QUARTER OF SECTION 20; TIIENCE S 89022'41" W, ALONG THE soum LINE OF SAID SOUTIlWEST QUARTER, 1256.67 FEET TO POINT ON THE EAST WEST LINE OF SAID LOT 1; TIIENCE N 01005'30" W, ALONG SAID WEST LINE, 96.02 !' bb1 TO TtlJ!; POINT OF BEGINNING; TIIENCE S 88054'31" E, 10.00 !'bb1 TO A POINT 10,00 FEET EAST OF, MEASURED NORMAL TO, SAID WEST LINE; TIIENCE SOl 005'30" E, PARALLEL WITH SAID WEST LINE, 60.00 !'hhl; TIIENCE N 88054'31" W, 10.00 l<bb1 TO A POINT ON SAID WEST LINE; TIIENCE N 01005'30" W, ALONG SAID WEST LINE, 60.00 FEET TO THE POINT OF BEGINNING. 1.1:1bABOVEDESCRIBED PARCEL CONTAINS 600 SQUARE.l'bb1 OR 0.0138 ACRE, MORE OR LESS. 40nt AVE. UNDERPASS & IN IbKSTATE 70 IN 306006.0 MAY 31,2006 SHEET 2 OF 3 THE BASIS OF BEARINGS FOR THE ABOVE DESCRIBED PARCELS ARE BASED UPON NAD 83/92, COLORADO STATE PLANE CENTRAL ZONE WITH THE EAST LINE OF TIIE SOUTIIWEST QUARTER OF SAID SECTION 20 BEARING N 000 15' 04" W, BEfWEEN A 3.25'; BRASS CAPPED MONUMENT MARKED WITH LS#25379 IN A RANGE BOX ON THE SOUTIIERL Y END AND A 3.25" BRASS CAPPED MONUMENT MARKED LS#13212 IN A RANGE BOX ON THE NORTHERLY END. Hili ABOVE PARCEL DESCRIPTIONS WAS PREPARED BY TODD A MECK UNDER Hill SUPERVISION OF STEVEN A DYNES, PLS#24949. FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 8055 EAST TUFfS AVENUE SUITE 850 DENVER, COLORADO 80237 303-692-8838 J C'l z on 1= n'-'" ~.t~ lI)~Q: ~1C'l~ -.....: CD "":1~lL. 0 ~:..r uioll) .ioUi w,~ ZoCD :J~""'" l- ll) ~I I S.E. CORNER, S.W. 1/4, SECTION 20\ 3-1/4" BRASS CAP ON ALUM. MONUMENT IN RANGE BOX. "LS 25937" \ ,'_ 1256.67' ^___ -. P .D.C. - SOUTH LINE, S.W. 1/4. SECTION 20 v - >';tj S89'22'41"W 2657.34' Mio"LIC ~~,..."""'('~~ INDICATES CHANGE NOTE: THIS EXHIBIT DOES e :'~~A. O~":"~ IN COURSE ONLY NOT REPRESENT A .:0 t'cP', MONUMENTED SURVEY. IT IS : -0: 24949 : ~ INTENDED ONLY TO DEPICT ' =8'. / / : 0 THE ATTACHED DESCRIPTION. ~ '.,~~/ouo(,..,: POINT OF COMMENCEMENT ~ ......,.. L EXHIB - '~A" NSS.S4'31"W I 10.00' - - Z.UTlLlTY EASEMEN: REC. #86060433 S01.05'30"[' - RECORDED 6/5/1986./) 10.00' '-N01.05'30.W 1_ P.O.B~/'~' To.oo'~ .- - -: - (PERMANENT & ~ '-S88.S4~1 -I- __ -.: TEMPORARY EASEMENl) ~ 10.00' H01'OS'30.W ~- 501-0S'30.E -j- - - 60.00' ~~ 60.00' J ~~ 10' UTILITY EASEMENT TEMPORARY EASEMENT ~~ REC. #81046397 600 SQ.FT.:!: ~ RECORDED 6/15/1981 0.0138 ACRE:!: ~~ 8' UTILITY EASEMENT ~ REC. #81043176 W ~ g ~ RECORDED 5/14/19Bl ~ ~ ~ I~ YDUNrii~' PLAZA U') b ;: ~ (PLAT BOOK 106, PAGE 52 o 3:: ~ ~J REC, #91071853 -I!'1 RECORDED 8/8/1991) LaJ >- 10 or- -< 0 I- l.&.. 3:: ;.- 0 ~ J. ~ ~' N88.S4'31.W E cr ~ 10.00' >-~ I- Q lI) ~ ~ PERMANENT EASEMENT 100 SQ. FT.:!: 0.0023 ACRE:!: o P.O.B. POINT OF BEGINNING P.O.C. w 10 0 I I SCALE: 20 I 20' 1" = N.E. CORNER. S.W. 1/4. SECTION 20, 3-1/4" BRASS CAP ON ALUM. MONUMENT IN RANGE BOX, "LS 13212" \ ~ 306006.0 TAM SAD 5/31/06 - Farnsworth ~ GROUP 8055 EAST TUFTS AVENUE, SUITE 850 DENVER. COLORADO 80237 (303) 692-8838 I (303) 692.{)470 Fax I Fellsburg Holt & Ullevig Project No: 6300 S, Syracuse Way. Sl 600, Greenwood Village, CO 80111 ~=:~: SitUated In the S.W.1/4 of Section 20 ~ot~d' Township 3 South, Range 69 West, 6th principal Meridian ev . City of Wheatridge, County of Jefferson. State of Colorado 3 OF 3 EASEMENT DONATION Y oungfield Plaza LLC , as owner of certain real property located in Section 20 , Township 3 South, Range 69 West, of the Sixth Principal Meridian, which property is more particularly described on Exhibit A, which is attached hereto and incorporated herein, wishes to donate an easement to the City of Wheat Ridge (the "City"), for the construction, use and maintenance of transportation projects. The undersigned owner has been advised of their right to receive, and hereby waive and decline, the right to receive just compensation for the above described real property and further agree to execute an easement over said real property in the name of the City. The easement is free of all liens and encumbrances. Dated this >>,r day of June, 2006 . Y oungfield PlaLa. LI:: ACCEPTED FOR THE CITY ITEM NO: Q. I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 23, 2007 TITLE: COUNCIL BILL 02-2007, AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS CONCERNING THE DEVELOPMENT REVIEW PROCESS D PUBLIC HEARING D BIDS/MOTIONS o RESOLUTIONS [gj ORDINANCES FOR 1ST READING (Date: April 23, 2007) D ORDINANCES FOR 2ND READING Quasi-Judicial: D ~~ [gj No Community Development Director CitY~' EXECUTIVE SUMMARY: One ofthe major recommendations ofthe Neighborhood Revitalization Strategy was the streamlining of the City's development review processes and the creation of experimental zoning to deal with infill development situations, Attached is the ordinance amending portions of Chapter 26 to accomplish these objectives. The maior changes proposed are: 1. The revised Architectural and Site Design Manual has been included in the approval criteria for each land use process. 2. Approval criteria have been rewritten to clarify requirements and eliminate redundancies. 3, The threshold for administrative variances was raised to 50% from the current 10%. 4. For Planned Developments: a. Require more detailed Outline Development Plan (ODP) to include conceptual building layout & architecture, pedestrian links, parking, courtyards, buffering, etc. b. ODP & Final Development Plan (FDP) cannot be submitted concurrently. c. FDP requires only administrative review. d. FDPs for single and two family PRDs have been eliminated. Corresponding changes have been made to the review process chart, Adoption of this ordinance implements Council's goals of preparing for growth and opportunities and creating a strong partnership with the community. COMMISSIONIBOARD RECOMMENDATION:. The Planning Commission hearing for this ordinance is scheduled for April 19, 2007. Their recommendation will be forwarded to Council on second reading. ST ATEMENT OF THE ISSUES:. Attention was focused on how to address both the building permit and rezoning processes without adding hundreds of pages to the development code. Our analysis concluded that the key document is the Streetscape and Architectural Design Manual. It contains site and building design requirements and guidelines that currently apply to all commercial and industrial zone districts and is used both in the review of building permits and rezonings. Revisions to the Manual (now referred to as the Architectural and Site Design Manual) are a companion document to the entire package of "X- Process" changes. ' The changes proposed are intended to streamline development review processes and provide more administrative (staff) review. This will save developers and landowners considerable time in the review process and it also relieves review bodies from looking at site details when the focus should be the larger context. In return for this quicker review, more information and detail is required of an applicant at the rezoning step. The information required will give the Planning Commission, City Council, staff, and the neighborhood a much better idea of what is being proposed and what is being approved. At the last study session with City Council on this topic, it was suggested that a process to accommodate speculative rezonings was needed, perhaps retaining the existing process as an alternative process. A section has been added that allows for speculative rezonings and requires an amendment to the ODP prior to submittal of an FDP to address architectural elements, building layout and other items not normally known with speculative rezonings, Staff recommends not including an entirely separate process, but adding one step to the proposed process. This way Council, staff and future landowners are not confused about which process was used and what is the next step, Per Council consensus, the Architectural Manual is being scheduled for a study session in May. ALTERNATIVES CONSIDERED: 1. An overlay district. 2. Applying the "X-Zone" only to certain uses. 3. Establishing eligibility criteria for a landowner to apply for the "X-Zone." FINANCIAL IMPACT: There is no direct financial impact to the City as a result of adopting this ordinance. RECOMMENDED MOTION: "r move to approve Council Bill 02-2007 on first reading, order it published, public hearing set for Monday, May 14,2007 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Report Prepared by: Alan White Reviewed by: Attachments: 1. Council Bill 02-2007 INTRODUCED BY COUNCIL MEMBER Council Bill No. 02-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE DEVELOPMENT REVIEW PROCESS WHEREAS, City of Wheat Ridge City Council commissioned a year long study entitled Repositioning Wheat Ridge, which included several recommendations concerning revitalization efforts in the City; and WHEREAS, one of those recommendations was to implement a revised development review process and adopt standards that achieve the objectives of the Repositioning Wheat Ridge study; and WHEREAS, the City Council desires to amend certain sections of the Zoning and Development Code to encourage revitalization of the City and implement the development objectives of the Repositioning TYheat Ridge study. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-103 is hereby amended as follows: A, All site development within the city shall be required to follow the procedures and satisfy the requirements set out below prior to development. "Site development," as used in this chapter, is a general and inclusive term, and is defined in section 26-123. The developer is required to attend in person or by authorized representative, all meetings at which the project is considered, unless otherwise notified by the community development department. The use of property may not be substantially changed, and buildings or other substantial structures may not be constructed, erected, moved or substantially altered except in accordance with and pursuant to one (1) or more of the approvals listed in the review process chart. Clearing, grading, filling or excavation may be commenced subject to the approvals required in this chapter and pursuant to section 26-623. B. All site development must also obtain building and construction permits pursuant to the uniform codes adopted by the city, and must comply with all other applicable sections contained within this chapter and chapter 5, All applications for building permits, exclusive of single and two-family dwellings, shall comply with the applicable standards set forth in the Architectural and Site Design Manual. ATTACHMENT 1 1 C. In addition to the requirements of this chapter, the provisions of section 5.1.1 of the Wheat Ridge Home Rule Charter, pertaining to building height and density limitations, apply. D. All applications for approval of site development pursuant to this chapter shall be accompanied by proof of ownership by the applicant of the subject property. Such proof may take the forn1 of a recorded deed, a title commitment, or a power of attorney from the owner(s) where an agent acts on their behalf. In the case of application for special use permits, both the owner of the property and proposed special use must join in the application. Section 2. Sections 26-112 _falll C and D are hereby amended as follows: C, Applicationfarm and review procedure: 1, Prior to submitting any application for a change of zone, the applicant shall be required to hold a neighborhood input meeting, (See section 26-109 A. for requirements, ) 2. Reserved, 3, Applications for change of zone shall be submitted on notarized forms provided by the department of community development and shall be accompanied by: a. Proof of ownership of land (copy of the property deed). b. A certified boundary and improvement survey, at a scale of not less than one (l) inch equaling one hundred (100) feet. c. A legal description of property under consideration (exact description of area to be rezoned, described in bearings and distances, tied to a section comer). d. Appropriate fee, 4. All applications shall also be accompanied by written information in sufficient detail to convey the full intent of the applicant, to justify why a change of zone is appropriate, and shall include: a, Need for the change of zone. b. Present and future effect on the existing zone districts, development and physical character of the surrounding area, c. Access to the area, traffic patterns and impact of the requested zone on these factors. d, Availability of utilities, e. Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. 2 f A discussion of the relationship between the proposal and adopted plans and/or policies of the city. g, Any additional materials necessary to adequately review the proposal. D. Criteria for review, The city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; or 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of at least four of the following: a, The change of zone is in confonnance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; b, The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; d. 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; e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Section 3, Section 26-114 D is hereby amended as follows: D. Criteria for review. The community development director or city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: [1.] The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood, [2.] The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. 3 [3.] The special use will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. [4.] The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. [5.] The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. [6.] The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. [7.] There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. [8.] The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Section 4. Section 26-115 Band C are hereby amended as follows: B. Application requirements. All requests for a variance, waiver, temporary permit or interpretation, as described herein, shall be made by the filing of an application, together with the required fee and supporting documentation, 1. Where a request covered within this subsection IS made a part of another administrative process, then both fees shall be imposed, 2. Documentation required: a, Copy of the deed for the property, b. Power of attorney if the applicant is not the owner of the property, c. Property survey if the request involves relationship of structure( s) to lot lines or lot area. d. Reasons for filing an appeal or variance request. Requests for variances must include a brief description of the evidence supporting the conditions under which a variance can be granted as found in subsection (C) 4 hereof. e. A "to scale" site plan, f. Architectural elevations for any new structures. g. Posting certification (to be submitted at the hearing to the clerk). h. Other information which the applicant, the director of community development or the hearing authority determines is necessary in order to adequately evaluate the application, C. Variances and waivers: L Administrative variances fifty (50) percent or less): The director of community development is empowered to decide upon applications for administrative variances from the strict application of any of the "development 4 standards" pertaining to zone districts in article II and Sections 26-501 (Off-Street Parking) and 26-502 (Landscaping Requirements), and 26-603 (Fencing) and Article VII (Signage) of this chapter, which apply throughout the various zone district regulations and in other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: a, The variance does not exceed fifty (50) percent of the minimum or maximum standard; and b, The director of community development finds that a majority of the criteria as set forth in subsection (C) 4 hereof, are substantially complied with and support the request; and c. The director of community development has notified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no objections have been received during such ten-day period. Any objections must be received in writing and be directly related to concerns regarding the request. General objections regarding existing land use conditions or issues not related to the request will not be considered grounds for objection. d, That no additional dwelling units would result from approval of such . . vanance or Walver. e, In no instance shall the community development director hear or grant a variance as to use or as to an activity or development which is prohibited by this chapter nor shall the limitations of Charter section 5.1 0.1 be exceeded. 2, Administrative Variance Appeals: A decision by the director of community development to deny an administrative variance may be appealed to the Board of Adjustment and shall follow procedures in accordance with Section 2-61. A written appeal shall be submitted by the applicant to the community development department within 10 days of such administrative denial. 3. Variances of more than fifty (50) percent: The board of adjustment is empowered to hold public hearings to hear and decide only upon appeals for variances from the strict application of the development standards pertaining to zone districts in article II, sections 26-501, 26-503, 26-603 or Article VII of this chapter. Where a variance is made a part of another administrative process, such as a change of zone, subdivision or a formal site plan or development plan review which requires a public hearing before the planning commission and/or city council, then the planning commission and/or city council shall be empowered to decide upon such variance request concurrent with such other process; however, in deciding such variance or waiver the planning commission and/or city council shall be subject to the voting ratio as applies to the board of adjustment, set forth in Wheat Ridge Code of Laws section 2- 53, In no instance shall the board of adjustment hear or grant a variance as to use or as to an activity or development which is prohibited by this chapter or by section 5,10.1 of the Charter. 5 4. Criteria for review: The director of community development, board of adjustment, planning commission or city council shall base its decision in consideration of the extent to which the applicant demonstrates a majority of the following criteria, have been met: a. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. b. The variance would not alter the essential character of the locality. c. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. d, The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. e. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. f. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood, g. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. h" Granting of the variance would result in a reasonable accommodation of a person with disabilities, i. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. 5. Expiration: Any variance granted by the board of adjustment or director of community development shall automatically expire within one hundred eighty (180) days of the date it was granted, or within such other time as the board of adjustment or director of community development may prescribe, unless a building permit for the variance is obtained within such period of time. If the building permit expires, the variance shall expire at the same time, Extensions of 6 time may be granted by the community development director for good cause shown, but only if an application for the extension is made prior to the expiration of the variance, Section 5. Section 26-116 ttllJ D 3 is hereby amended as follows: 3, Standards for review: The director of community development and/or planning commission shall have the right to approve, establish necessary conditions and limitations in approving, or deny an application for a planned building group; provided, that the following standards shall be applied in such approval, denial or in establishing such conditions and limitations, The community development director or planning commission shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: a. The proposed plan complies with the zoning and development code and is not contrary to the general welfare of the immediate neighborhood and economic prosperity of the city, b. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Section 6. Sections 26-308, 26-309, 26-310 and 26-3ll_~ are hereby amended as follows: Sec. 26-308. Application for planned developments, All applications for approval of a planned development, redevelopment, alteration or addition shall be filed with the department of community development prior to issuance of a building permit. In some instances, platting is required and the plat can be processed concurrently with the final planned development request. Article IV of this chapter should be consulted for subdivision requirements and procedures. A. Development plans. There are two (2) distinct steps in establishing a planned development: an outline development plan and a final development plan, The rezoning and outline development plan step is approved through a public hearing process. Once the zoning and outline development plan have been approved, the final development plan can be approved administratively subject to the provisions of Section 26-308 DA. All informational requirements of the respective plans shall be met. B. Subdivision/platting, Subdivision or plat review may be carried out simultaneously with the review of final development plans. All requirements of the subdivision regulations for a final plat, if applicable, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets, easements or other public purposes, or if a previously approved subdivision is amended in any way by the proposed 7 development. In cases where subdivision is to occur simultaneous with final development plan review, the applicant shall submit separate sheet(s) in addition to the subject development plan. C. Outline development plan. An applicant shall submit an outline development plan for approval of a change of zone to a Planned Development District. The outline development plan is the zoning and general concept step. It provides generalized graphic and written information on layout, uses and intended character of the development and must provide enough information for the review bodies as to how the property will be developed, 1. Submittal requirements. a. Appropriate fee, b. Evidence of neighborhood meeting (see section 26-109). c, Complete and notarized application. The application must include a detailed description of the request, responses to the rezoning criteria and discussion regarding conformance to the design principles in the Architectural and Site Design Manual. d, Proof of ownership, such as copies of deeds or title commitment. e. Written authorization from property owner(s) where an agent acts on behalf of the owner(s). f Survey of the property. g, Mineral rights certification form. h. The outline development plan as described below. i, Names, addresses, telephone numbers of architects, surveyors, and engineers associated with the preparation of the plans. j. Additional information may be required, including, but not limited to, drainage study and plan, grading plan, geological stability report, traffic impact report, floodplain impact report, or general environmental impact report. 2. Form and content of the outline development plan, The maps which are a part of the outline development plan shall be made at a scale of not less than one (1) inch equals one hundred (100) feet. The size of the sheet shall be twenty-four (24) inches by thirty-six (36) inches and must comply with the Jefferson County Clerk and Recorder's requirements, The drawings may be in sketch site plan format and shall contain the following minimum information: a. Ownership/unified control statement. A list of all existing owners of real property included within the proposed Planned Development District, and a written statement which describes anticipated future ownership character (i.e. single ownership, partnership, condominium, etc.), and which indicates proposed manner of maintaining unified control throughout the planning, development, use, operation and continued maintenance of the planned development. b. Character of development. A written description of the general character of the development and of the objectives to be achieved by the particular 8 development concept being proposed. This statement shall include, but not be limited to, the manner in which the proposed development meets or exceeds the intent of the Planned Development District as stipulated in section 26-301C.; the proposed architectural and site design concepts, building materials (type, textures and colors); specific concepts by which the proposed development will make an orderly transition from existing adjacent development including buffering, pedestrian access and specific concepts for the use and landscaping of all public and private open spaces. It is the intent of this requirement that the applicant provide a clear, concise statement for the reviewing authorities to better understand the proposed development concept and upon which their decision regarding the proposal can be based, c. The existing topographic character ofthe land at a contour interval of two (2) feet if the slope is less than ten (10) percent and five (5) feet ifthe slope is greater than ten (10) percent. d, A "to scale" sketch plan showing access to the property, areas to be landscaped, parking areas, building locations, buffering, pedestrian linkages on site and to adjacent sites, and any other design features such as plazas, courtyards, outdoor seating areas or other areas of interest. The drawing shall include existing conditions on properties adjacent to the proposed development. e. Property boundaries as per accompanying legal description, f Existing and proposed lot lines, easements and rights-of-way on and adjacent to the site. g, Adjacent zoning, land use, streams, etc. h, Location of all existing streets, alleys, easements, drainage areas, irrigation ditches and laterals within and adjacent to the site. i, Location of all proposed streets, alleys, easements, drainage areas, parks, and other areas to be reserved or dedicated to public use. j, Any significant vegetation or land use features within or adjacent to the site which may influence development. k. When located within a regulated 1 OO-year floodplain, designation of areas subject to a lOO-year flood shall be provided. Both the floodway and flood fringe areas shall be shown, Development within 100-year floodplains, including fill or excavation, is regulated by article VIII. 1. Scale (no less than one (1) inch equals one hundred (100) feet) and north arrow. 9 m. Small-scale location map as an inset which shows the subject property centered within a quarter-mile radius, n. Proposed name of the planned development. o. A general indication of the expected utilization of the land and a list of uses to be permitted in the development. p. Legal description (metes and bounds) of total site, including area. q, Project data for the entire site and including, by phase, maximum building area and percent, paved area and percent, landscape area and percent, number of lots, minimum lot sizes and dimensions, net density, gross density, etc. r. Development time schedule by phase, s. Required certifications, t. Proposed development standards including setbacks from perimeter property lines, building height, building coverage, building separation, and landscaping, u, Proposed standards for parking, architectural design, landscaping, signage, lighting and fencing, v. Perspective or "birds' -eye-view" image of the project. w. Architectural elevations showing approximate building height and proposed architectural materials. The drawings should be of sufficient detail to illustrate the massing, height and general character of the proposed structures. 3. The outline development plan shall be recorded with the Jefferson County Clerk and Recorder and, therefore, must meet their requirements for recordation, 4. The following certifications, in addition to the required surveyor's certificate, shall also be placed upon the outline development plan: OWNER'S CERTIFICATION The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that the property legally described hereon will be developed as a planned development in accordance with the uses, restrictions and conditions contained in this plan, and as may otherwise be required by law. I (we) further recognize that the approval of rezoning to Planned Development, and approval of this 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 Wheat Ridge Code of Laws. 10 Signature of Owner(s) or Agent(s) NOTARY PUBLIC Subscribed and sworn to before me this day of Witness my hand and official seal My commission expires NOTARY SEAL PLANNING COMMISSION CERTIFICATION Recommended for approval this day of Ridge Planning Commission, , by the Wheat Chairperson COMMUNITY DEVELOPMENT DIRECTOR Approved this Council. ATTEST: CITY COUNCIL CERTIFICATION day of , by the Wheat Ridge City City Clerk Mayor CITY SEAL COUNTY CLERK AND RECORDERS CERTIFICATE This document accepted for filing in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado, on the day of AD, in Book , Page , Reception No. JEFFERSON COUNTY CLERK AND RECORDER By: Deputy 5. Outline development plan review procedures: a. Staff review: Upon filing of an application and other required documents, community development staff will refer copies of the plans to affected departments and agencies for review, All comments shall be forwarded to the applicant so that necessary revisions may be made by the applicant prior to scheduling the application before planning commission. b, Planning commission hearing. The planning commission shall hold a public hearing pursuant to the public notice requirements of section 26-109. The planning commission shall recommend approval, approval with modifications or 11 denial of the outline development plan, stating the reasons for its recommendation. The recommendation shall be forwarded to city counciL c, City council hearing. The city council shall hold a public hearing pursuant to public notice as required by section 26-109. The city council shall approve, approve with modifications or deny the application. 6. Optional Process: Conceptual outline development plan. In those instances when an applicant wishes to rezone a specific property, but does not have a specific development plan in mind, a more conceptual outline development plan can be submitted, This conceptual development plan shall serve to only address allowed uses and development standards for the property, and must contain all items listed in subsection 2a through 2u of this chapter. The conceptual outline development plan will be processed consistent with the subsections 5 and 6 of this chapter. A note shall be added to any conceptual outline development plan which states: "This outline development plan is conceptual in nature. Specific development elements such as site layout and building architecture have not been addressed on this document. As a result, a non-administrative amendment to this outline development plan must be submitted and approved by the City of Wheat Ridge prior to the submittal of a final development plan and any subsequent site development. " A final development plan may not be submitted for any property for which a conceptual outline development plan has been approved. A non-administrative amendment to the outline development plan must be submitted which addresses all aspects of subsection C2 of this chapter and shall be reviewed and processed consistent with the requirements of this chapter. At such time that an amended outline development plan has been approved, a final development plan may be submitted and reviewed in accordance with subsection D of this chapter. 6, Recordation. All approved outline development plans shall be recorded with the Jefferson County Clerk and Recorder. Such plans, and associated recording fees shall be submitted to the community development department within sixty (60) days of council's final action. Should a recordable approved outline development plan not be provided to staff within sixty (60) days of council's final action, staff shall schedule a public hearing before city council and city council shall reconsider its approvaL A one-time, thirty-day extension for mylar submittal may be requested from the community development director. The request must be submitted in writing prior to expiration of the sixty-day time limit showing evidence of good cause for not meeting the deadline, 7. An outline development plan accompanies a zone change request. Approval of a final development plan is required prior to the issuance of a building permit for any site development, except for single and two family planned residential developments exempted by Section 26-308 D. Applications for final development plan and plat approval MAY NOT be submitted concurrently with the outline development plan applications 12 D. Final development plan, The final development plan provides the final engineering and site design details for final approval of one (1) or more phases of development approved through a planned development process, The final development plan application and building permit application may be submitted concurrently. Planned residential developments, or portions thereof, comprised exclusively of detached single or two family dwellings are not required to complete a final development plan process. 1. Submittal requirements: a. Appropriate fee. b, Complete and notarized application, c. Proof of ownership, such as copies of deeds or title commitment. d. Written authorization from property owner(s) where an agent acts on behalf of the owner(s), e, Survey of property f. Mineral rights certification form g, Final development plan. (see 2, below) h, Names, addresses and telephone numbers of architects and engineers associated with preparation of the plans and plat. i. Copies of proposed agreements, provisions, covenants, condominium declarations, etc" which govern the use, maintenance and continued protection of the planned development and any of its common areas and facilities, and which will guarantee unified control. j, Additional information may be required, including, but not limited to, geological stability report, traffic impact report, civil engineering plans, floodplain impact report or general environmental impact report. 2. Form and content of the final development plan. The final development plan (shall be consistent with the approved outline development plan, The final development plan shall be drawn at a scale of no less than one (1) inch to one hundred (100) feet and contain the following: a. Legal description of the entire planned development, and if the final development plan is for only a portion of the site, a legal description of that portion of the site included within the final development plan. b, A site plan showing proposed grading, structure footpritnts, roads, on and off- street parking, pedestrian areas (plazas, sidewalks and paths), easements/rights-of- way, site drainage and retention. The drawing shall include conditions on properties adjacent to the proposed development in sufficient detail to illustrate continuity and compatibility of site elements, c. Location, extent, type and surfacing materials or all proposed walks, paved areas, and other areas not covered by buildings or structures. d, Location, size, type, height and orientation of all signs, e, A schematic landscape plan showing location, type, and size of all existing (to remain) and proposed plant material and other landscape features and materials. Common and botanical names of all plant materials shall be indicated. Areas and type of irrigation system shall be indicated, 13 f. Elevations of walls and fences with illustrations and notations as to types of materials and heights. g. A photometric plan showing exterior lighting readings and a listing of the exterior lighting devices including manufacturer, type, height, location and orientation. Footcandle readings are to be shown across the property and extending beyond property lines. h. A table showing total floor areas of all buildings and number, size and type of dwelling units. i, Elevations and perspective drawings of the site including all proposed structures and improvements, indicating architectural style and building materials, j. Parking and loading plan which indicates the size, location and number of on and off-street parking and loading spaces and which shows the proposed circulation of vehicles and pedestrians within the planned development and to and from existing or proposed public thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate and ensure the safety of this circulation pattern, including fire lanes, must be shown. k. Indication of all proposed uses for all buildings, structures and open areas. Outside storage and display areas must be indicated if proposed. Description of any proposed temporary or interim uses of land or existing buildings prior to development in accordance with the approved final development plan, L A development schedule indicating the phasing sequence. If a multi phased project, indicate times for each phase, m, The final development plan (and plat) shall be recorded with the Jefferson County Clerk and Recorder and, therefore, must meet their requirements for recordation. 3. The following certifications, and approvals, in addition to the required surveyor's certificate, shall also be placed upon the final development plan (and plat): OWNER'S CERTIFICATION The below-signed owner(s), or legally designated agent(s) thereof, do hereby agree that the property legally described hereon will be developed as a planned development in accordance with the uses, restrictions and conditions contained in this plan, and as may otherwise be required by law. I (we) further recognize that the approval of final 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 article I of the Wheat Ridge Code of Laws, Signature ofOwner(s) or Agent(s) NOTARY PUBLIC Subscribed and sworn to before me this day of Witness my hand and official seal. My commission expires NOTARY SEAL 14 COMMUNITY DEVELOPMENT DIRECTOR Approved this CITY CERTIFICA nON day of , by the City of Wheat Ridge, ATTEST: City Clerk Mayor CITY SEAL COUNTY CLERK AND RECORDER'S CERTIFICATE This document accepted for filing in the office of the County Clerk and Recorder of Jefferson County at Golden, Colorado, on the day of AD, in Book , Page , Reception No. JEFFERSON COUNTY CLERK AND RECORDER By: Deputy 4. Final development plan revievv procedures: a, Staff review. Upon filing of an application and other required documents, the community development staffwill refer copies of the plans to affected departments and agencies for review, All comments shall be forwarded to the applicant so that necessary revisions may be made by the applicant prior to final approval. b, The community development director shall approve a planned development final development plan based on the following criteria: 1. The proposed final development plan conforms (up to 10% of gross floor area) with the approved outline development plan and incorporates all recommended changes, modifications and conditions approved by the outline development plan. 2. The proposed final development plan is consistent with the permitted uses on the approved outline development plan, 3. The proposed final development plan meets the requirements of an FDP. 4. The proposed final development plan complies with all applicable standards and regulations of Chapter 26 and the Architectural and Site Design Manual, unless modified through the outline development plan process, c. The community development director may approve, deny or approve the proposed final development plan with conditions. If the applicant objects to 15 conditions of approval, the applicant may appeal the decision to district court within thirty (30) days of the decision, d. Recordation, All approved final development plans shall be recorded with the Jefferson County Clerk and Recorder. Such plans, and associated recording fees, shall be submitted to the community development staff within sixty (60) days of the community development director's final approval. Should a recordable approved final development plan not be provided to the City within sixty (60) days of final action, the community development staff shall reconsider its previous approval. A one-time, thirty-day extension for mylar submittal may be requested from the Community Development Director. The request must be submitted in writing prior to expiration of the sixty-day time limit showing good cause for not meeting the sixty-day deadline, 5. Expiration of final development plan approvals; reapplications. a, Construction shall commence in accordance with the development schedule specified on the recorded final development plan, b, Extension of the development schedule specified on a recorded final development plan shall require amendment to the final development plan. c, A new application for substantially the same development application may not be refiled for one (l) year after denial. Sec. 26-309. Application of standards. A. Detailed specifications and standards which should have been set forth on an approved outline and final development plan, but which were found subsequent to approval to have been omitted, may be interpreted by the community development director to be those specifications and standards set forth in the zone district in which the approved uses contained within the final development plan would be permitted, B. The supplementary regulations of article VI apply to uses and activities within planned development districts, unless otherwise provided in the approved final development plan. C. If the outline and final development plan does not address a particular development standard, the standard of the zone district which most closely matches the planned development as determined by the community development director shall be used, D. The owner of any property who or which feels aggrieved by such determination may appeal the determination pursuant to the provisions of section 26-115. E. If the development standards specified on a recorded outline development plan do not meet the current standard, a final development plan can be approved consistent with those standards on the recorded outline development plan. This provision does not apply to requirements listed under article IV Subdivision Regulations, 16 F. To vary from the minimum development standards established on a recorded outline development plan, an amended outline development plan is required when the variance is less than the established minimum. No amendment is required if the variance is greater than the established minimum standard. G, To vary from the standards set forth on a recorded final development plan, an amended final development plan is required when the variance is less than the established minimum. No amendment is required ifthe variance is greater than the established minimum standard. Sec. 26-310. Binding upon successors and assigns. All approved development plans shall be binding upon the owner(s), their successors and assigns, and shall limit the development to all conditions and limitations established in such plans, and as may be contained in separately recorded agreements, covenants, condominium declarations, etc., which were approved by city council as part of a planned development approval. Sec. 26-311. Amendments to development plans. A. The procedures and requirements for amending an approved development plan (outline or final) shall be the same as prescribed for original approval, except as provided for under subsection (C) below. All applications for amendment to an outline development plan must be approved in writing by all owners of real property contained within the area originally approved by the outline development plan, unless specific alternative provisions have been approved by city council as part of the unified control agreement. All applications for amendment to a final development plan must be approved in writing by all owners of real property and owners of interest contained within the parcel or phase of the planned development where the amendment is being requested, If the amendment affects the provisions for access, drainage, utilities and/or circulation, affected property owners must consent to the application for amendment in writing, B. Outline development plan changes. Changes to the underlying outline development plan will be processed the same as prescribed for original approval if anyone of the following is proposed: 1. Increase in the gross floor area of structures beyond the authorized maximum allowed on the approved outline development plan. 2, Proposed land uses are not permitted on the approved outline development plan. 3. Increase in density or intensity of use. C. Final development plan changes. Any change or amendment to a final development plan will be processed in the same manner as prescribed for the original approval. At no time can an amendment 17 to a final development plan result in any increase to a maximum development standard or any decrease to a minimum development standard listed on the outline development plan, or result in a use which is not permitted on the outline development plan. If any of these conditions occurs, the outline development plan must be amended as described in this subsection. D. Any changes or revisions to an outline or final development plan which are approved, either administratively or by city council action, must be recorded with the Jefferson County Recorder as amendments to the original recorded development plan subject to the deadline provisions of section 26-308.DA.d, Section 7. Sections 26-106 is hereby amended as follows: Sec. 26-106. Review process chart, Pre-Application Final Approval Requested Staff Neighborhood Staff PC CC BOA URPC Notes Planned Development: 2 ART Outline X X H URA Development Plan H III (ODP) Planned Development: Final X URA ART III Development Plan A (FDP) Planned Development: 2 ART Outline X X H URA Development Plan H III Amendment Planned Development: Final X A URA ART III Development Plan Amendment Section 8, Sections 26-504 and 26-505 are hereby repealed in their entirety. 18 Section 9. 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 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 10. Severabilitv: Conflicting Ordinances Repealed, If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 11. Effective Date. This ordinance shall take effect final publication. days after INTRODUCED, READ, AND ADOPTED on tIrst reading by a vote of to on this day of ,2007, 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 ,2007, 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 , 2007, SIGNED by the Mayor on this day of ,2007. JERRY DITULLIO, MAYOR ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 19 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 20 ITEM NO: 3, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 23, 2007 TITLE: COUNCIL BILL NO. 03-2007, AN ORDINANCE PROVIDING FOR APPROVAL OF A ZONE CHANGE FROM COMMERCIAL ONE (C-l) TO PLANNED RESIDENTIAL DEVELOPMENT (pRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT LOT 2, CADENCE SUBDIVISION (CASE NO. WZ-06-11/BENTON) o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS ~ ORDINANCES FOR 1ST READING (Date: Aoril23. 2007) D ORDINANCES FOR 2ND READING Quasi-Judicial: [8] ~~ D No Community Development Director Cit~I''i- EXECUTIVE SUMMARY: BTS Benton LLC is requesting a rezoning from Commercial One (C-l) to Planned Residential Development (PRD) for the property located at Lot 2, Cadence Subdivision, one lot to the south of 5400 West 38th Avenue, The subject parcel is 6,580 square feet in size. The current zoning designation allows a wide range of commercial retail and service entities. The site is currently vacant. An Outline Development Plan and Final Development Plan will be reviewed at second reading. The Outline Development Plan will establish allowable uses and development standards. The PRD zoning would allow one single- or two-family dwelling. This request relates to City Council goals of the City being prepared for growth and opportunities and better quality housing stock, specifically, upgraded and more modern homes. COMMISSIONIBOARD RECOMMENDATION: Planning Commission will hear the request on April 19 , 2007. Their recommendation will be included with the Council Action Form for the public hearing. STATEMENT OF THE ISSUES: None AL TERNATIVES CONSIDERED:. Do not approve the rezoning request. FINANCIAL IMPACT: The City has received a one-time application fee for the land use application. Building permit fees and use taxes will be collected during construction, After these one time fees are collected, property taxes will be collected for the property, Generally, the cost of providing services to residential development is greater than the property taxes collected, RECOMMENDED MOTIONS: "I move to approve COlUlcil Bill No. case number WZ-06-11, a request for a rezoning from Commercial One to Planned Residential Development on first reading, order it published, public hearing set for May 14, 2007 at 7:00 in the City Council Chambers." Report Prepared by: Travis Crane Reviewed by: Alan White Attachments: 1. Planning Commission Staff Report (without exhibits) 2. Council Bill No, 03-2007 CITY OF WHEAT RIDGE PLANNING DMSION STAFF REPORT TO: Planning Commission CASE MANAGER: Travis Crane CASE NO. & NAME: WZ-06-11/BTS Benton DATE OF MEETING: April 19, 2007 ACTION REQUESTED: A request for a rezoning from Commercial One (C-l) to Planned Residential Development (PRD), including an Outline Development Plan and Final Development Plan. LOCATION OF REQUEST: Lot 2, Cadence Subdivision (Property directly south of 5400 W. 38th Avenue) APPLICANT (S): BTS Benton AA, LLC OWNER (S): Same APPROXIMATE AREA: 6,580 sq. ft. (0.15 ac.) PRESENT ZONING: Commercial One (C-l) COMPREHENSIVE PLAN DESIGNATION: Village Center (VC) ENTER INTO RECORD: (X) (X) ( ) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULA nONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTA nON Subject Property Location Map 3$75 3710 10 ~ N (l') r-- (l') 0 10 ... r-- ... (l') r-- C') 0 0 ~ ..... All notification and posting requirements have been met; therefore you have jurisdiction to hear this case. Planning Commission WZ-06-11/Benton ATTACHMENT 1 I. REQUEST The applicant is requesting a rezoning from Commercial One to Planned Residential Development (Exhibit I, Letter of Request), An associated Outline Development Plan and Final Development Plan are included with the request. The current Commercial One zoning designation allows a wide range of retail and service establishments. The property is currently vacant. An Outline Development Plan will rezone the property and set development standards. The Final Development Plan will set a more specific development pattern for the property and includes typical elevations for the proposed structure. The applicant wishes to rezone the property to allow one two-family dwelling unit. The property is approximately 6,580 square feet in size, The property was the subject of two subdivisions in 2006 (Cadence Subdivision and Cadence Subdivision Amendment No.1). The first subdivision created the subject of this application - lot 2. The second subdivision was an administrative plat correction. A new auto parts store was constructed on lot 1 of the Cadence Subdivision. II. OUTLINE DEVELOPMENT PLAN The Outline Development Plan (ODP) will set all allowed uses and development standards for the property (Exhibit 2, ODP). The ODP also contains a conceptual layout of the property which shows building footprint area, landscape area and driveway locations. Allowed Uses The current C-l zoning designation allows retail and service establishments, as well as a number of more intensive uses as special uses. The applicant has proposed that only single- and two- family residential dwellings and home occupations as defined in the Code shall be allowed uses for this property. Comprehensive Plan The Comprehensive Plan Future Land Use Map designation for this property is Village Center (VC). This designation is clearly intended to provide for commercial development. The applicant is requesting a rezoning to Planned Residential Development, which is not consistent with the designation in the comprehensive plan. It should be noted that this property has been zoned C-l since the incorporation of the City, A subdivision was approved in May 2006 which created this parcel. Even though the property boundaries changed, the zoning classification remained C-l. The rezoning to PRD would be consistent with the surrounding uses and conditions in the neighborhood. There are existing duplexes directly to the south of the subject parcel. This proposed rezoning would act as a buffer from the established commercial activity in the area. Density The ODP is proposing a maximum allowed density of two residential dwelling units. The property is 6,580 square feet in size. Landscaping The ODP sets the minimum amount of landscaping at 25%. All other landscaping will conform to Section 26-502 of the Wheat Ridge Code of Laws, The amount of required landscaping is Planning Commission VVZ-06-11nBenton 2 consistent with the landscaping requirements for residential zone districts listed in the Chapter 26. Building Coverage A maximum building coverage of 45% is proposed on the ODP, This is similar to the building coverage maximums for residential zone districts with smaller lot sizes. Parking The ODP specifies that parking shall be in conformance with Section 26-501 of the Code of Laws, The Code requires 2 parking spaces for residential structures where on-street parking is allowed, and 4 parking spaces where there is no on-street parking, Each unit will have an attached garage. Building Height/Setbacks The maximum building height is being established at 35 feet for residential dwellings. Accessory structures may be a maximum height of 10 feet. These are consistent with the maximum allowed heights established in the Code for residential zone districts. Any structure on the property must have a minimum front yard setback of 20 feet. The side yard setbacks are 3 feet on the north and 5 feet on the south. The rear yard setback requirement is 5 feet. While these required setbacks are less than those required in most residential zone districts, the smaller lot size and lot width necessitate the need for adjusted setbacks. Architecture The architecture of the dwelling must be consistent with the elevations shown on the Final Development Plan. Fencing The ODP refers to Section 26-603 ofthe Code of Laws for perimeter fence regulations. Site Plan The ODP shows a conceptual site layout for the structure. The building footprint, landscape areas and driveways are all identified on the site plan. III. CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zone: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The existing zone classification on the official zoning map is not in error. The property currently has Commercial One zoning. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There has not been a recent change in character of the area, A new retail store was constructed on the lot directly to the north, which fronts on West 38th Avenue. This property Planning Commission WZ-06-11/Benton 3 was recently created as a result of the Cadence Subdivision. When the lot was subdivided, the C-l zoning remained, A commercial property of this size would be difficult to develop, The properties to the south and across Benton Street are all residential. There are two duplexes directly to the south of the subject parcel. Rezoning this lot from commercial to residential would further buffer the neighborhood from the effects of the existing commercial development. Commercial intrusion this far south into the neighborhood would not be appropriate. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area. The Future Land Use map in the Comprehensive Plan designates this property as Village Center. The proposed rezoning would allow a two-family residential dwelling unit. While not consistent with this future land use designation, the rezoning will be compatible with the surrounding neighborhood. The change in zone will be in conformance with several goals of the Comprehensive Plan, specifically providing quality aesthetically pleasing housing, providing a variety of housing and development that is a contribution to and compatible with the surrounding neighborhood. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The request is for a rezoning to PRD. The surrounding properties to the southeast, south and west are all zoned residentially. There is some commercial zoning across Benton Street adjacent to West 38th Avenue. The proposed rezoning will be more compatible with the surrounding neighborhood than any commercial development. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. This proposed zone change should create a benefit to the community. A physical improvement will occur with the development of the property. The property is currently vacant. Any commercial activity allowed under the current zoning would further intensify the activity in the neighborhood, potentially decreasing safety to its residents, 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 are able to serve the property, and the developer will incur the cost and maintenance of any improvements. 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. Planning Commission VVZ-06-11~enton 4 The change in zone will not adversely affect public health, safety or welfare in the area. Traffic will increase from existing conditions as the lot is vacant; however, the amount of traffic generated by the residential use pales in comparison to the amount of traffic generated by a commercial use, The C-l zone district allows a wide range of commercial activity which would increase the activity and intensity of the neighborhood, This change of zone will not reduce air or light to adjacent properties, 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. This change of zone will not create an isolated zone district. The proposed rezoning and future development will be extremely similar to the surrounding residential development in the neighborhood. IV. FINAL DEVELOPMENT PLAN A Final Development Plan has also been submitted with this request. The Final Development Plan is more specific than the Outline Development Plan. The Final Development Plan (FDP) shows a general layout of the lot and typical building elevations (Exhibit 3, FDP), The FDP conforms to the general layout and development standards as established in the Outline Development Plan. Any structure constructed on the property will require a building permit. The permits will be reviewed in accordance with the development standards established on the Outline Development Plan. Site Plan Page one of the FDP shows a conceptual site layout. The site plan on the FDP is identical to the site plan on the ODP. The building footprint, landscape areas and driveways are all identified, Landscaping The Final Development Plan shows a level of landscaping which is consistent with the requirements listed on the Outline Development Plan. The Final Development Plan is providing 26,7% landscaping onsite, 1.7% above the standard on the ODP. Landscaping quantities will be addressed at time of building permit submittal. Elevations Page 2 of the Final Development Plan shows a typical building elevation for the structure. These elevations are representative of the standards established on the Outline Development Plan, These are typical elevations - all proposed structures must meet the architectural standards established on the Outline Development Plan. V. AGENCY REFERRAL All responding agencies have indicated that they can serve the property, and the applicant will bear the cost of upgrading any service to the property. VI. NEIGHBORHOOD MEETING The required neighborhood meeting was held on September 5, 2006, There were five attendees at the neighborhood meeting. General questions ranged from the location and height of the structure to the location and installation of trees. A meeting synopsis has been included as Exhibit 4. Planning Commission WZ-06-11/Benton 5 VII. STAFF CONCLUSION & RECOMMENDED MOTION(S): Staff concludes that the rezoning is compatible with surrounding uses, and that the zone change will further buffer the neighborhood from the effects of the existing commercial development. A residential use in this location of the neighborhood is more appropriate than commercial uses allowed under current zoning. REZONING AND OUTLINE DEVELOPMENT PLAN OPTION A: "I move to recommend APPROVAL of Case No. WZ-06-11, a request for approval ofa rezoning from Commercial One to Planned Residential Development, and an Outline Development Plan for property located at Lot 2, Cadence Subdivision, for the following reasons: 1. The proposed zone change will be consistent with the existing surrounding land use. A residential structure will provide a buffer from the existing commercial development adjacent to West 38th Avenue. 2. The change in zone will not adversely affect the public health, safety or welfare, nor will it create an isolated or spot zone district. 3. The change in zone will be in conformance with several goals ofthe Comprehensive Plan, specifically providing quality aesthetically pleasing housing, providing a variety of housing and development that is a contribution to and compatible with the surrounding neighborhood." OPTION B: "I move to recommend DENIAL of Case No. WZ-06-11, a request for approval of a rezoning from Commercial One to Planned Residential Development, and an Outline Development Plan for property located at Lot 2, Cadence Subdivision, for the following reasons: 1. " FINAL DEVELOPMENT PLAN Staff concludes that the Final Development Plan conforms to the standards established on the Outline Development Plan. OPTION A: "I move to recommend APPROV AL of Case No, WZ-06-11, a request for approval of a Final Development Plan for property located at Lot 2, Cadence Subdivision, for the following reasons: 1. The Final Development Plan is consistent with the Outline Development Plan. 2. The Final Development Plan meets the standards established in Chapter 26, Article III of the Wheat Ridge Code of Laws. OPTION B: "I move to recommend DENIAL of Case No. WZ-06-11, a request for approval of a Final Development Plan for property located at Lot 2 Cadence Subdivision, for the following reasons: 1. . . ." Planning Commission WZ-06-11/Benton 6 INTRODUCED BY COUNCIL MEMBER Council Bill No. 03-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM COMMERCIAL ONE (C-l) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) FOR PROPERTY LOCATED AT LOT 2, CADENCE SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by BTS Benton LLC, approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-06-11, for property located at Lot 2 Cadence Subdivision and based on a recommendation from the Wheat Ridge Planning Commission and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Commercial One District and to include in the Planned Residential Development zone district the following described land: Lot 2, Cadence Subdivision Amendment No.1 Section 2. Vested Prooertv Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 ofthe Code of Laws ofthe City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare ofthe public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this 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. Section 5. Suoersession Clause. If any provision, requirement 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 in A TT ACHMENT 2 existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _to _ on this 23rd day of April, 2007, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 14th 2007, 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 23rd day of April, 2007. SIGNED by the Mayor on this day of ,2007. JERRY DITULLIO, MAYOR ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: e: \planning\fonils\ord fnil ITEM NO: L'- , REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 23, 2007 TITLE: COUNCIL BILL 04-2007 - AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE V, CONCERNING THE ADMINISTRATIVE MODEL PROCESS OF CERTAIN CODE OF LAWS PROVISIONS, AND AMENDING CHAPTER 15 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE THAT A NOTICE OF VIOLATION ISSUED PURSUANT TO CHAPTER 2, ARTICLE V, SHALL CONSTITUTE A NOTICE TO ABATE A NUISANCE D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS l2J ORDINANCES FOR 1ST READING (Date: Aori123. 2007) o ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes cg] No !lJ~~ ~aniel Brennan, Chief of Police Ran~anager . EXECUTIVE SUMMARY: The Administrative Model Process for Nuisance Ordinance Violations moves the process from its current criminal, a due process model, to an administrative model. The proposed administrative model makes the process more efficient by establishing appropriate and specific timelines for a property owner to come into compliance. It establishes specific penalties for first, second and third offenses and allows for a timely hearing process before an Administrative Hearing Officer. It includes a property abatement process, if necessary, and allows for a criminal nuisance enforcement process, if required. The process of changing to an administrative model will enable the City to be more responsive to community concerns regarding code enforcement issues. This process should minimize the time and effort spent by City employees in achieving compliance from property owners and provide for a more timely resolution of violations. Conceptually the proposed Administrative Model Process will be structured as follows: . A violation is reported from citizen complainant or is officer initiated; . A warning notice is issued by a Community Services Officer (CSO) to the property owner and/or renter (responsible party) giving them ten (l0) days to bring the property into compliance; . Community Service Officer will photograph the violations; · After ten (10) days the CSO will recheck the property and if it is not in compliance an administrative summons will be issued to the violator which has a fine attached; · The responsible party has ten (10) days to corne into compliance; · A Community Service Officer rechecks the property for compliance and if not corrected the property could be abated using the existing process; · If abated, the responsible party is sent a bill which includes the cost of the abatement, cost of time involved for the city employees and the fine; · The responsible party has thirty (30) days to pay the bill or the property will have a property tax lien placed against it; · Fines are preset; $100 for the first violation, $250 for the second violation and $500 for the third violation. After three violations or at any point during the process the owner could be charged criminally: · The violator may appeal the violation and request a hearing within five (5) days after the issuance of the citation; and · An Administrative Hearing will be held before an Administrative Hearing Officer no later than fourteen (14) days from the initial summons being issued. COMMISSION/BOARD RECOMMENDATION:, N/A STATEMENT OF THE ISSUES: Historically, the enforcement of nuisance ordinances in the City of Wheat Ridge has been an arduous process, often with conflicting direction being given to the staff tasked with this function. In 2000, City Council moved the code enforcement function from Community Development to the Police Department's Animal and Parks Enforcement Unit without any additional personnel being assigned to this unit. The direction and policy pertaining to the enforcement of code ordinances has been consistent and clear regarding City Council's 2006/2007 objective of enhancing code enforcement and compliance efforts, The police department's current method of enforcing City code violations has not accomplished the results desired for a variety of reasons. Last year, staff began exploring different alternatives to developing a more efficient and effective code enforcement process. With City Council's approval, an alternative method of handling code ordinance violations has been researched. ALTERNATIVES CONSIDERED:, 1. Do not approve revised code changes and/or the Administrative Model Process and continue to operate under the current ordinance. This alternative is not recommended for reasons outlined in the statement of issues. 2. Approve the revised code changes and Administrative Model Process. City staff recommends this alternative as the preferred alternative. 3. Continue to seek other methods of nuisance ordinance violation enforcement including staffing increases in the Community Services Unit. FINANCIAL IMPACT: The current model used by the City for nuisance abatement taxes the available personnel resources we have. City staff believes that re-visits or compliance checks will be reduced with this new model. Cities that have moved to the proposed administrative hearing model report a 70% compliance rate by property owners advised of code violations. The department has met with representatives from the Municipal Courts, Information Technology and the Finance Division to discuss workload and financial costs. Cities that have moved to this model report a 70% compliance rate by property owners advised of code violations. In 2006, the Community Services Unit handled approximately 2196 reported code ordinance violations. Seventy percent of 2196 is 1537, resulting in 659 violations being issued. Based on these estimates the Police Department anticipates adding to the workload of the Municipal Courts and the Finance Division. Based on these projections the following costs are estimated: The Finance! Administrative Service Division oroiects: Personnel costs -- (1!4 addition position for data entry and billing) Computer Software -- (Utility billing software) $17,000 $10,000 Courts Proiects: Personnel costs -- (362 additional staff hours) $ 6,814 Materials -- (File jackets and labels) $ 224 Hearing officer -- (330 hours/yr @ $65/hour) $21,450 Total Pro!!ram Costs = $55.488, Anticinated Revenue= $98,850 659 administrative summonses X $150 (first offense) Staff anticipates an impact to the budget for abating properties as well. In 2006, approximately $18,447 was spent for property abatement. In 2007, $25,000 has been budgeted for abatements. Staff recommends evaluating budget abatement dollars in 2007 and coming forward to City Council with any budget supplemental in 2007 if needed. RECOMMENDED MOTION: "I move to approve Council Bill 04-2007 - An Ordinance Amending Chapter 2 of the Wheat Ridge Code of Laws to Include a New Article V, Concerning the Administrative Model Process of Certain Code of Laws Provisions, and Amending Chapter 15 of the Wheat Ridge Code of Laws to Provide that a Notice of Violation Issued Pursuant to Chapter 2, Article V, Shall Constitute a Notice to Abate a Nuisance on first reading, order it published, public hearing set for Monday, May 14, 2007 at 7:00 p.m. in City Council Chambers, and that it take effect June 15,2007. or, "I move to table indefinitely Council Bill 04-2007 - An Ordinance Amending Chapter 2 ofthe Wheat Ridge Code of Laws to Include a New Article V, Concerning the Administrative Model Process of Certain Code of Laws Provisions, and Amending Chapter 15 of the Wheat Ridge Code of Laws to Provide that a Notice of Violation Issued Pursuant to Chapter 2, Article V, Shall Constitute a Notice to Abate a Nuisance for the following reason( s) " Report Prepared by: Commander Jim Lorentz Reviewed by: Chief Daniel Brennan Attachments: 1. Staff Report to City Council, dated January 31, 2007 2. Council Bill 04-2007 070423 CAF ADMIN MODEL PROCESS ACTION FORM,doc WHEATRIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Jerry DiTullio and City Council Daniel Brennan, Chief of Police C'\~ Randy Young, City Manager ~- VIA: FROM: Wade Hammond, Commander Support Services Bureau Rollie Inskeep, Supervisor W Community Services Unit DATE: January 31,2007 SUBJECT: Administrative Enforcement Process for Code Ordinance Violations EXECUTIVE SUMMARY: Historically, the enforcement of code ordinances in the City of Wheat Ridge has been an arduous process, oftentimes with conflicting direction being given to the staff tasked with this function in the past. In 2000, City Council moved the code enforcement function from Community Development to the Police Department's Animal and Parks Enforcement Unit without any additional personnel being assigned to this unit. City Council's recent direction and policy pertaining to the enforcement of code ordinances has been consistent and clear. It has been apparent to members of the department that our current method of enforcing City code violations has not accomplished the results desired for a variety of reasons. Last year staff began exploring different alternatives to developing a more efficient and effective code enforcement process, With City Councils approval an alternative method of handling code ordinance violations has been researched. The Administrative Enforcement Process for code ordinance violations moves the process from a criminal, due process model to an administrative model. The proposed administrative model makes the process more efficient; establishes appropriate and specific timelines for a property owner to come into compliance; establishes specific penalties for first, second and third offenses; allows for a timely hearing process before an Administrative Hearing Officer if desired; and ATTACHMENT 1 includes a property abatement process if necessary, Lastly, this process does allow for a criminal code enforcement process if necessary. STATEMENT OF THE ISSUES: The main issues facing City employees responsible for the enforcement of code ordinances are: time and manpower losses in an attempt to obtain voluntary compliance from property owners; workload demands from animal control and parks functions; the extended time it takes for a code violation to move through the court system; repeat offenders; absentee landlords; and the lengthy time it takes to recover abatement costs from property liens. The process of changing to an administrative enforcement model will enable the City to be more responsive to community concerns regarding code enforcement issues, This process should minimize the time and effort spent by City employees in achieving compliance from property owners, Staff has researched similar administrative hearing processes from Denver, Aurora, Ft. Collins and Craig, CO. Additionally, staff has worked with the City Attorney's Office, the City Municipal Courts, Information Technology Division and the Finance Division on developing an administrative enforcement model that will work for our community. Conceptually the proposed Administrative Hearing process will be structured as follows: >> Violation is reported from citizen complainant or officer initiated; >> A warning notice is issued by a Community Services Officer (CSO) to the property owner/renter giving them ten (10) days to bring the property into compliance; >> CSO will photograph the violations; >> After ten (10) days the CSO will recheck the property and if it is not in compliance issue an administrative summons to the violator which has a fine attached; >> Violator has ten (10) days to come into compliance; >> Primary CSO rechecks the property for compliance and if not corrected the property would be abated using the existing process; >> The responsible party is sent a bill which includes the cost of the abatement, cost of time involved for the city employees, and the fine; >> The responsible party has thirty (30) days to pay the bill or the property will have a property tax lien placed against it; >> City staff recommends the following fine schedule: $150 for the first violation, $250 for the second violation, and $500 for the third violation, After three violations the owner could be charged criminally: >> The violator may contest the charge and request a hearing within five (5) days after the issuance of the citation; and >> An administrative hearing will be held before an administrative hearing officer no later than fourteen (14) days from the initial summons being issued. Prior to this system going into effect, a strong educational component is recommended, City staff recommends a thorough educational campaign that includes utilizing the media, the Wheat Ridge Connection, Channel 8 cable, and presenting the program at public meetings, Additionally, staff recommends a presentation to WR2020, Other jurisdictions have seen a significant increase in compliance with this system and City staff feels that this educational component is vital to the success of this recommended program, FINANCIAL IMPACT: The current model used by the City for nuisance abatement taxes the available personnel resources we have, City staff believes that re-visits or compliance checks will be reduced with this new model. The department has met with representatives from the Municipal Courts, City Information Technology and the Finance Division to discuss workload and financial costs. Cities that have moved to this model report a 70% compliance rate by property owners advised of code violations. In 2006, the Community Services Unit handled approximately 2196 reported code ordinance violations, Seventy percent of 2196 is 1537, resulting in 659 anticipated administrative citations being issued based on 2006 data. Based on these estimates the Police Department anticipates adding to the workload of the Municipal courts and the Finance Division. Based on these projections the following costs are estimated: The Finance/Administrative Service Division oroiects: Personnel costs -- (% additional position for data entry and billing) Computer Software -- (Utility billing software) $17,000 $ 10,000 Courts Proiects: Personnel costs -- (362 additional staff hours) $ 6,814 Materials -- (File jackets and labels) $ 224 Hearing officer -- (330 hours/yr @ $65/hour) $21 ,450 Total Proaram Costs = AnticiDated Revenue= $55.488, $98,850 659 administrative summonses X $150 (first offense) Staff anticipates an impact to the budget for abating properties as well. In 2006, approximately $18,447 was spent for property abatement. In 2007, $25,000 has been budgeted for abatements. Staff recommends evaluating budget abatement dollars in 2007 and coming forward to City Council with any budget supplemental in 2007 if needed, ALTERNATIVES CONSIDERED: 1. Maintain the current code enforcement model. 2. Continue to seek other methods of code ordinance enforcement including staffing increases in the Community Services, 3. Move to the administrative enforcement model of code ordinance enforcement. RECOMMENDATION: The Police Department recommends adopting the administrative enforcement model. This process is worthwhile and provides for a more effective and efficient process in handling nuisance related issues in our community. Staff requests that City Council approve moving forward with implementing an administrative enforcement process and consider adding additional personnel and operating resources as described under financial impacts. Staff is not requesting additional personnel for the Community Services Unit until a more thorough workload analysis can be conducted if this proposal is adopted. Based on City Council's recommendations and direction, our staff will work with the City Attorney and other City Departments to implement this process, If this recommendation is approved, City staff will begin work on evaluating the feasibility of moving other code ordinance violations enforced through Community Development and Public Works to this administrative model. Attachments: City Council Staff Report dated November 1, 2006 Memorandum from City Attorney dated December 7,2006 Recommended Code of Law revisions Code Enforcement flowcharts Sample copy of code enforcement warning notice November 6, 2006 Item S. ~~ . ,~~ :; \. " , ....: . . 0' WHEATRIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Jerry DiTullio and City Council Daniel Brennan, Chief of Police ~ Randy Young, City Manager VIA: FROM: Wade Hammond, Commander Support Services Bureau Rollie Inskeep, Supervisor Community Services Unit DATE: November 1, 2006 SUBJECT: Administrative Hearing Process EXECUTIVE SUMMARY: The issues surrounding the enforcement of nuisance abatement in our community has been challenging for a variety of reasons. Numerous efforts have been made over the years in an attempt to make the City's response to nuisance related issues more effective, Workload demands and community expectations regarding nuisance enforcement caused the Police Department to begin looking at alternative methods for handling nuisance enforcement. Personnel from the Police Department, Community Services Unit, Community Development, Municipal Court and the City Prosecutor have researched taking our current nuisance enforcement process from a "criminal ordinance" model to an "administrative hearing" model. Based on our findings we recommend de-criminalizing the current process, and developing an administrative hearing process, This would result in a faster and more effective method of dealing with violations of the municipal code. The process will not be an instant cure for the diverse issues surrounding nuisance enforcement but offers an avenue for the average citizen to come into compliance faster and have a more positive relationship with the City and its staff. STATEMENT OF THE ISSUES: In 2001, most of the enforcement of the City Nuisance Ordinances was transferred to the Police Department. At that time, the Animal and Parks Unit had a total of four (4) officers and a supervisor. In 2005, the unit was renamed the Community Services Unit. The unit is currently staffed with four (4) Community Service Officers (CSO) and a supervisor, plus one over-hire position. For background information, the following numbers reflect the amount of time the staff dedicates to code related issues: Year 2002 2003 2004 2005 2006/Sept. Total Calls For Service 4,026 6,119 3,943 4,037 3,971 Code Related Calls 1,470 3,193 1,736 1,634 1,647 Percentage 37% 52% 44% 41% 42% Under the current method of operation, a CSO will respond to a property that is in violation of a nuisance ordinance and issue a written warning to the property owner or a renter. That party is given 10 days to bring the property into voluntary compliance, After the ten day waiting period, the CSO has the discretionary option of working with the party if some progress has been made or issue a misdemeanor summons to City court. This process may take several weeks to several months to obtain compliance. Attached is a flow chart that describes the process. Many hours are spent by staff in an effort to achieve compliance and ~' some still result in the issuance of a criminal summons when the property is not in compliance. In some cases, the property in question has to be abated at an initial cost to the city. The time involved in this process not only frustrates the staff involved but also the surrounding neighbors and the property owner. If the property is abated, the party responsible for the property is given 30 days to' ' pay for the cost of the clean up, including an administrative cost of 15% of the cost of clean up. If the issue is not resolved at this point, the property has a property lien placed on it with the Jefferson County Assessor. With the development of an administrative hearing model, the process would be greatly expedited. Several communities have developed this process to meet their needs and have found it to be an effecUve tool in dealing with code violations. Staff has researched similar administrative hearing processes from Denver, Aurora, and Craig, CO. Conceptually the proposed Administrative Hearing process would be structured as follows: ~ Violation would be from citizen complainant or officer initiated; ~ CSO would issue an administrative summons to the violator; ~ No warning would be issued; ~ CSO would photograph the violations; ~ CSO would notify the court clerk; ~ Violator would have 10-days to come into compliance; ~ Primary CSO would recheck the property for compliance and if not corrected the property would be abated using the existing process; ~ The responsible party would be sent a bill which would include the cost of the abatement, cost of time involved for the city employees, and the fine; ~ The responsible party would have 30-days to pay the bill or the property would have a property lien placed against it; ~ Fines are preset and determined by other violations if any; ~ During the first five days after receiving the summons, the violator could contest the charge and request a hearing; ~ Hearing would be held no later than fourteen days from the initial summons being issued; ~ If the violator continues to be a problem, a criminal summons could be issued after the third violation. Depending on the volume of requested hearings, an Administrative Hearing Officer could be scheduled on a weekly basis for Monday, Wednesday, Friday or for Tuesday or Thursday. A court clerk is not required to be present as the Administrative Hearing Officer would tape record the hearing, City Staff recommends a progressive fine schedule. If abatement is necessary, the violator pays for the abatement plus 20% for administrative costs. If this is not paid by the violator, a property lien will be placed against the property, Prior to this system going into effect, a strong educational component would be recommended to minimize the cultural change on the community, This educational component would aid in reducing the number of abatements. FINANCIAL IMPACT: Other jurisdictions are seeing a significant increase in compliance with this system. The current model used by the City for nuisance abatement taxes the available personnel resources we have. City staff believes that re~visits or compliance checks will be reduced with this new model. City staff believes we will be adding to the workload of the Municipal courts and the Finance Division. It is difficult to project the impact at this time; however, staff anticipates an impact and the potential for recommending an additional person(s) in the future in the Courts and/or Finance Division depends on the actual impact of this new program. There is also an impact to the budget for abating properties, In 2006, approximately $18,447 has been spent for property abatement. In 2007, $25,000 has been budgeted for abatements. We would recommend evaluating budget abatement dollars in 2007 and coming forward to City Council with any budget supplemental in 2007. The cost of an Administrative Hearing Officer is projected to be $55-$65 per hour for approximately 20 hours per month, or $15,600 a year. Staff recommends using money collected from fines to pay for additional costs to run this program. ALTERNATIVES CONSIDERED: 1. Maintain the current nuisance abatement model. 2. Continue to seek other methods of nuisance enforcement. 3. Add manpower to deal with the current structure and to increase the ability to be proactive. RECOMMENDATION: We feel the administrative hearing process is worthwhile and would provide for a more effective and efficient process in handling nuisance related issues in our community. Staff requests that City Council approve moving forward with implementing an Administrative Hearing process. Based on City Council's recommendations and direction, our staff will work with the City Attorney and other City Departments to implement this process. From the time a violation is reported it can take up to 55 days, or longer if person requests trial, to complete the process. It may take even longer if CSO chooses to work with the citizen. Current Process to Enforce Municipal Code Violation Municipal Code Violation 10 days v I !::~' \ \ citizen / l {60~;:: } t ( Propertyin }- Compliance Property Recheck ~ tNot in Compliance ~~ Issued or ~~ 45 days to Court Healing I y (GUilty PI$<1lflne) Up to 21 days Time dependant on Vendor availability v y Abatement Trial May take 3 months from time of summons ... v (Collect Costsor\ \:ein on property) ... ( Not GUitly) (GUilty\fine) 10 days , , ~ Property in ) Property Recheck ..\ Compliance 45 days tq Court Heating ~ ..... CourtPi'ooess. GuiltYfnotguilty ~ 5 days 7 to 14 days 'Y Mriii{ll~q;t!~ve Hel:j~ll:g 'Y ( App~~1 Won ) Proposed Administrative Hearing Process Muniqipal Code Violation 'Y Abatement ~ Owrieras$essed 0( fine + costs 'Y (, 'yQmphante ) Flhes + COsts '! (Collect Cos.ts or ) Lien on Property 'Y Absentee Property Owner/certified Letter Up to 21 days MURRAY DAHL KUEtH'ENMEISTER. RENAUD LLP II! 2401 15th Street Suite 200 Denver, Colorado 80202 Phone 303.493.6670 Fax 303-477.0965 MEMORANDUM TO: Chief Daniel Brennan; Commander Wade Hammond; Rollie Inskeep, CSO Supervisor FROM: Gerald E. Dahl, Debra Kalish, City Attorney's Office DATE: December 7, 2006 RE: Ordinance for Administrative Enforcement of Certain Code Violations The City is considering enacting an ordinance to allow for the administrative enforcement of certain Code sections. We have prepared for your consideration and comment a draft ordinance that lays out the process for such enforcement. Additional code section revisions will be added to this proposed ordinance as the City decides to include Code violations within the administrative enforcement method. The draft is based largely on the Craig/Denver model, but differs in certain key respects. First, Craig allows for the enforcement of all code sections administratively. Second, Craig may include the time allowed for correction within their individual code sections. You will see a reference to this in a note in section 2-83(a). Also, Craig's allowed methods of service vary somewhat from the requirements of the Wheat Ridge Code of Laws. Using the Craig ordinance, with modifications to make this ordinance consistent with nuisance abatement process and to meet the City's requirements as indicated in the staff memo, we have arrived at the following basic process: 1, Notice of Violation issued to responsible party. Notice requires responsible party to correct violation within 10 days. 2. If the responsible party fails to correct the violation within 10 days, the CSO may issue an administrative citation, In the case of nuisances, abatement may be sought using the abatement process provided for in Section 15-8 of the Code of Laws. The administrative citation explains the violation, the corrective action required, advises the responsible party of the consequences of failure to comply; states the amount of the penalty and the consequences of failure to pay. It also advises the responsible party of the appeal procedures. MEMO: Administrative enforcement ordinance December 7. 2006 Page 2 of 2 3. Multiple administrative citations may be issued, Fines increase from $150 for the first administrative citation, to $250 for the second and $300 for the third. Payment of penalties does not prohibit the City from seeking further enforcement action. Failure to pay penalties may result in the imposition of late fees and interest. Delinquent charges, assessments or taxes, including penalties and the costs of nuisance abatement may be certified to the County Treasurer for collection in the same manner as other taxes are collected, together with a 20% penalty to defray the costs of collection. 4. Administrative citations can be appealed within 5 days of service and is filed with the municipal court. 5. The municipal court appoints an Administrative Hearing Officer, who in turn schedules the hearing no more than 14 days after the date the administrative citation was issued, 6. The AHO may uphold the administrative citation and penalties, dismiss the administrative citation and all penalties, or may waive or conditionally reduce the penalties assessed by the administrative citation. 7. If the responsible party fails to comply with the AHO's order, the responsible party may be criminally prosecuted by the City. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 200_ TITLE: AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE V, CONCERNING THE ADMINISTRATIVE ENFORCEMENT OF CERTAIN CODE OF LAW~ PROVISIONS WHEREAS, the City Council finds that the violation of certain provisions of the City's Code of Laws (the "Code") affects the livability of the City's neighborhoods and that residential, commercial and industrial neighborhoods in the City each experience problems with such violations; and WHEREAS. the City Council wishes to encourage compliance with ordinances that affect the quality of life in the City by requiring those who violate said ordinances to the cost of enforcement; and WHEREAS, the City Council finds that increased enforcement of these ordinances would benefit the residents and businesses of the City; and WHEREAS, the City Council finds that there is a need for an alternative method of enforcement for certain specified violations of the Code; and WHEREAS, the City Council further finds that an appropriate method of enforcement for such violations is an administrative citation program which imposes administrative penalties for certain violations of the Code; and WHEREAS, the City Council further finds that certain amendments should be made to the Code to accommodate the addition of the administrative citation program; and WHEREAS, the City Council wishes to amend Chapter 2 of the Code to include a new Article V to allow for the administrative enforcement of the Code; [NOTE: As we determine which other sections should be rolled in/amended, we can modify the whereas clauses to include those sections] NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 2 of the Code, entitled "Administration," is hereby amended by adding a new Article V, Administrative Enforcement, as follows: ARTICLE V. ADMINISTRATIVE ENFORCEMENT Sec. 2-80. Purpose; scope The purpose of this Article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This Article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; Chapter 26, Zoning. Sec. 2-81. Definitions. For the purposes of this Article the following terms shall have the meanings assigned to them below. A. "Administrative Hearing Officer" or "AHO" means the person with exclusive authority to hear appeals from administrative citations issued under this Ordinance. B. "Applicable sections" means those sections in the Code of Laws contained within the Chapters listed in Section 2-80. [NOTE: Craig made administrative enforcement applicable to its entire Code at once. This definition was added since we're "rolling in" Chapters, Certainly, a different term could be used.] C. "Code ,office( _ ~t:!<!ll_I!I~~!:I_ !I!~ _ 9~ty _ M~n_aJte! _ P! _1h_e_ _ Qi'!y _ ~~~a~~!,!> _ _ _ - -{ Deleted: enforcer designee, including but not limited to a community service officer, the building official, the orooertv insoector or any other city official or employee charged with enforcing the provisions of this Article. L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - Deleted: D. . 'Community Services - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Officer" or .CSO. shall mean a person assigned to the City of Wheat Ridge ..Q.-:... ~~~!1~~~(_ ~t:!<!lllJl_e~!1_ th~_ Ql~ M<!'!.~Qe! -,!rJ~~ _Gi!y ~ta_n_aJle!,~_ <!~~gl]~~. Police Department and charged with - - --- enforcing the ordinances of the City of i="M . I C" h M " Wheat Ridge. =--_ _ _ !I!11~lp~ _ _ 9!Jrt_ !1}~<!'!.~! _~ _ _l!'!.i~ip~! 9_0_u_rt fO!J~~_Qi'!y pf ytb~~1 ~l<!Q~,~, 'fDe~:E-~------_u_'J Colorado. "i 1 Deleted: F f.._ ~13!:l~I?Q!:I~i!J!~ P~!1Y: _s_h~!I_'!1~~!1_ ~J!~r~Q!:I_C!r_ !:l~~~_ ~!19_ b~~ _vlC!I~!~<! .fui~ _ _ - -1 Deleted: G Code or, in the case of property subject to an administrative citation under this Article, who has possession or control of any real property or premises, whether as owner, occupant or tenant, or in the case of a motor vehicle, as owner or operator of the same. Sec. 2-82. Authority, 2 (a) Any Responsible Party violating applicable s~ctions may be issued an administrative citation by a code ,officer _C!~ p~C!.vJg~<! ill !hJ~ !'.r!!~I~: . _ . _ . _ . . _ _ _ _ _ _ - -1 Deleted: enforcer (b) Notwithstanding any other provision of this Code, responsible parties cited under the provisions of this Article shall have only the appeal rights granted herein. (c) Administrative citations shall be issued only after the responsible party has received a notice of violation and has been given time to comply as stated in the notice of violation. (d) Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate administrative citation may be issued. However, once an administrative citation has been issued for a violation of an applicable section, no additional administrative citation shall be issued for the same violation for ten days or, if the responsible party appeals. until after the appeal has been heard and the responsible party has not complied with an order of the Administrative Hearing Officer within ten (10) days of its issuance or such other time as the AHa has specified. (e) A fine assessed by means of an administrative citation issued by the code ,officer _s.h_aJ'. ~~ p~y~~I~Air~~t!y_ 19. t!1~ _ 9fF~c~. ~(t!J~. Qijy J!'~~~lI.r!lr.~!f _ _ _ - {Deleted: enforcer ~ n~t tim~ly paid, ,shall~~ f~U~~t!l.9 J!:l.c!~CP!,Q~r:!~~ ~th. th.e_pr:.o_C~9!1!~~ ~p~~ifi!l.9 JD -:: - fDeleted: o~___ 1 thiS Article. - Deleted: may (f) Enforcement actions for violations of applicable sections are intended to be alternative in nature. At anyone time. the City may pursue a civil, criminal, or administrative action against a responsible party, The City may also choose to pursue an alternative action upon staying the original action. See, 2.83. ,Notice of violation: administrative citation,--. _ _ _ _. _. . _. _.. _ _ _ _ --{ Deleted: Procedures (a) Upon becoming aware of a violation of an applicable section. a code ,officer .1l!~Y J~~u.e. ~ _ '!<?tLc.e_ Qf ~'LoJ~t!<?1l !<? !I!~ !'~~~<?l'lsj~I!l.p~~._ Jh~ !:l9!i~~ _s!1~!I_ _ _ -1 Deleted: enforcer ] state the date and location of the violatiol\ J!1~ _ ~pp~02<!'!l~!~ 1i!l!~ Jb~ _ vjQI~!i~!\.. _ - - {Deleted: ;. .~ .=J w~ ~~~~ry~~L lcte.nJifyiD9L ~!l~!~ .app!i~~~.! !~~ P!,QP~~ !1'l'y!oJ~~~r:! PY. ~g<!r~~~ _ - - - fDei~~----------J or legal deSCription. The notice shall refer to the applicable section.YJ~I~!~(k ---~.Deieted:-~-----------l describe the violation,.. ~D9 _ <!~~~ri.b_e. !I!~ ~f~Qr:! _r~g~tr~g. t9 _ ~r!'~<2t. th_e. YloJC!t!C!.I\" - - , Deleted' s ~ The notice shall require the responsible party to correct the violation.~i!l!iI]J~ra_ ~> De~~;-- ---- (10) days, and shall explain the consequences of failure to correct said violation,..',,',~' ] including the issuance of an administrative citation. " ',' Deleted: s \ i Deleted: s ) ful.Service of a notice of ~violation on the responsible party shall be by anv 'i Deleted: s I of the followina means: 3 1. If the responsible party resides at the site of the violation, the code I ,officer !Q~Y p~~<!I!C!IIy_ Q~ll~e! _ C! ~py _oj _t!:1~ _I!<!ti_~_ <:>t ,!,iplC!ti_o_n_ ~o_ !.h_e_ ~~sp_o_n_sl~l~ _ _ - - -{ Deleted: enforcer party at that site; or 2. f:. ~ppy _ <!f_ th~_ ~<:>~~ 1<- ~_ay_ ~~ _ ~~U~Q _by_ ~~s! _cJ~~~ !l!C!iL ~o_ !t!~ JC!~t_____ - - - :n~~ ':a~~esponsible party 1 known address of the responsible party as reflected in the county real estate '~, '--l records; or ',~ { Deleted: a ~: of violation 1 3. ~ _cPPY _ Qt ~h_e_ !1~~~ _~f _ '{i~La!ip!1_ mav be oosted iQ _C! ~!1~pLc.!JP!l~ _ _ - - { Deleted:!osting_a==--~__J place Q!], !t!~ ':IQ<:>C?~l!~i~9 P!~~J~~~. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - -{ Deleted: at l (gl !t !t!e !~~p()Q~i~Le_ P~rtY_ b~~ _ f~11~9 _ to_ ~<:>~r~~! Jb~ _ '{i<:>LaJip!l !1<:>~e_d_ll! _tb~ _ _ - - { Deleted: b ,.__ notice of violation within the time provided on such notice, a code enforcerofficer - - - i Deleted: (s) ------- ---- ) may issue an administrative citation to kr~~p<:>~~iP!~ P~!:lY 5~.1! ~ J<:>!:f!1_ C!~~rpY~9 _ __ -- - foe~-;-;----------~ -- ~----] by the City Manager and, in the case of nuisances, the City may begin the abatement process provided for in Section 15-8 of this Code. If the City begins the abatement process, service by the code ,officer p! !I!~ !1~!i~ _oJ Yl()I~~<:>1} _s!1~!I__ _ - --{ Deleted: enforcer be considered service of notice to abate and the City may begin the abatement process with the application for abatement order. (.g) J!1~_ <?Q<!~ ,officer _ '!l~Y _ r~Sl.!Jlr~ _ ~!l! Jb~ J~~p()l}~it:>Le_ P9r:tY _~r~~'Ld_e__ ~yi.d~!1~~ __ _ - - {Deleted: c of identity and residential or working address. - - - {Delet;d; enf~~---- <m J.h.e_ C?()<!~ pfficer !>b9U _C!t1e_l1Jpt !<! J~~l!~ !I!~ _a_d_l1Ji!ll~t~C!tLv~__ C?i!~tl<!1! !<! Jb~ __ _ - - -{ Deleted: d responsible party at the site of any violation. The code ,officer !!:I~Y J~~l!~ Jb~ __ - - - i Deleted: enforcer administrative citation to the responsible party by the methods described in - - - i Deleted: enforcer subsection (.IV!. ~~<:>Y~'__ __ __ _ __ __ __ __ _ __ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ __ __ __ _ _ __ _ _ _ __ _ __ __ __ __ __ __ __ _ __ -- -- -{ Deleted: a <It J!1~_ ~P.d~ _ ,officer ~b~l! _ C!f!~I'!1P! J~ _ ~t:>!<!iQ _ th_e_ _sl9.I!~J':I~~ _ <!t !t!~ _~~r!>~!1__ __ - --{ Deleted: e receiving the administrative citation on the citation. If that person refuses or fails -- - - i Deleted: enforcer to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings. ..J --~ I I ] 1 ) em !,!~tLc~_ ~I!C!IL ~~ _d_e_e_I1J~<! ~~!'{~<! ~D _ the earliest of: (j) tb~ _d!l!~ .91 !~C?~iP! PY __ __ _ - -{ Deleted: f the responsible party, if personally served; illLthe fourth day after the mailing of the administrative citation; orjjill the date the administrative citation was posted. Sec. 2.84. Contents of administrative citation. (a) The administratiVe citation shall state the location of the violations and the date and approximate time the violations were observed. Where applicable, the administrative citation shall identify the property in violation by address or legal description. (b) The administrative citation shall refer to the applicable sections violated and describe the violations. 4 (c) The administrative citation shall describe the action required to correct the violations. (d) The administrative citation shall require the responsible party to correct the violations immediately and shall explain the consequences of failure to correct said violations. (e) The administrative citation shall state the amount of fine imposed for the violations. (f) The administrative citation shall explain how the fine shall be paid, the time period by which it shall be paid, and the consequences of failure to pay the fine. (g) The administrative citation shall briefly state the process for appealing the administrative citation. (h) The administrative citation shall contain the signature of the code ,officer _ _ _ -1 Deleted: enforcer and the signature of the responsible party if it can be obtained. Sec. 2-85. Appeal of administrative citation, (a) A person served with an administrative citation may file a notice of appeal within five (5) calendar days from the service of the administrative citation. Compliance with this time limit shall be a jurisdictional prerequisite to any appeal brought under this Article, and failure to comply shall bar any such appeal. (b) The notice of appeal shall be made in writing and shall be filed with the Municipal Court in person, by facsimile transmission or by mail. Regardless of the manner of filing such appeal, the notice of appeal must be filed with the Municipal Court within five (5) calendar days from the date the administrative citation was served. (c) As soon as practicable after receiving the written notice of appeal, the Municipal Court shall assign an AHO who shall schedule a date, time and location for the hearing. (d) Written notice of the date, time and location of the hearing shall be personally served upon or sent by first class mail to the responsible party at least five (5) calendar days prior to the date of the hearing. The hearing shall be held no more than fourteen (14) days after the date upon which the administrative citation was issued. Sec. 2-86. Administrative hearing officers. 5 (a) The Administrative Hearing Officer must be an attorney licensed to practice law in the State of Colorad~ _~i!t! _ ~ _IpJl}i!'!.1.!I'!l_ .9f _ tJl!~~ _ y~~~s_ _q,f _ _ - - -t Deleted: . _ . experien~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - :=~n~p: ~~~da:;:ent I .. I of the case for hearing (b) Any person designated to serve as an AHO is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. Sec, 2-87. Administrative appeals, (a) Administrative appeals are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow procedures as provided in this Section. (b) The parties to an administrative appeal shall be the responsible party and the Wheat Ridge Police Department. Parties may be represented by legal counsel. Parties may call and question witnesses. (c) The AHa, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena, The form of, and the process for issuing, subpoenas shall be the same as in the Municipal Court. (d) The AHa shall have the power to call and question witnesses,I~Y~~ ~D9 _ _ _ - -{ Deleted: to consider the relevancy of documentary or other tangible evidence, and I\:lLe_ 9D _ _ _ - -( Deleted: to eVidentiary questions. J --~----l (e) The only issue to be decided by the AHa is whether JI:!~ _~o_d_e_ pfficer __ { Deleted: or not J exceeded his/her authority in issuing the administrative citation. The City bears - - - { Deleted: enforcer l the burden of proof to establish the existence of a violation of the Code. In the case of a nuisance abatement hearing, the City bears the burden of proof to establish the existence of a public nuisance. The City's meeting of this burden of proof shall constitute prima facie evidence that the code pfficer did not exceed _ _ - -{ Deleted: enforcer his/her authority. The appellant shall have the burden of rebutting-such - evidence. (f) The standard of proof reauired in liD _ _a_d!T'!i!1isJ~aJiy~h <!p...R.~aL J~ _.e ____ - -1 Del~ed: to. be used by the AHO in preponderance of the evidence, ", deciding all Issues at i Deleted: by (g) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of its case. (h) Copies, photographs, and photocopies may be admitted into evidence or substituted in evidence in place of original documents. 6 (i) Hearings shall be recorded by electronic means and transcripts of such recordings shall be made at the expense of the party requesting the transcript. (j) Whenever it appears that a petition is not filed within the time permitted by the particular law or ordinance involved, or that the ,AHO f9~ ~9!:!1_e_ 9!h_e! }~~~9[l_ _ - --{ Deleted: appellant lacks jurisdiction, the case may be dismissed on the motion of any party or on the AHO's own motion. (k) The decision of the AHO shall be known as an administrative enforcement order. (I) The AHO may uphold the administrative citation and all penalties or dismiss the administrative citation and all penalties or may waive or conditionally reduce the penalties assessed by the administrative citation. The AHO may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. (m)ln the event that the AHO does not dismiss the administrative citation, the AHO shall assess reasonable administrative costs of not less than one hundred dollars ($100), but not to exceed two hundred dollars ($200). (n) The administrative enforcement order shall become final on the date of mailing the order to the responsible party. A copy of the order shall be provided to the City. Sec. 2-88. Failure to obey subpoena. It is unlawful for any person to refuse to obey a subpoena issued by an AHO. Failure to obey a subpoena constitutes contempt and may be criminally prosecuted and have penalties imposed in the same manner as violation of a Municipal Court subpoena. See, 2-89. Failure to attend administrative appeal. Any responsible party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided. Sec. 2-90. Failure to comply with administrative enforcement order It is unlawful for a responsible party who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be criminally prosecuted and have penalties imposed similar to those for failure to comply with an order of the Municipal Court. 7 Sec. 2-91. Penalties assessed. (a) The Manager shall develop ouidelines for penalties based upon the Manager's assessment of the cost to the City for enforcing the provisions of this Article. Such ouidelines shall be approved bv the City Council. Thereafter, the Manaoer shall publish a schedule of fines for administrative citations. The schedule of fines shall be graduated in amount, with the smallest fine being assessed for the first administrative citation and increasingly larger fines for second, third and subsequent administrative citations, No single fine assessed for an administrative citation shall exceed $1,000. The schedule of fines shall be amended no more than once per year. (b) If the responsible party fails to correct the violation, subsequent administrative citations may be issued for violations of the same applicable section. The fine assessed for each administrative citation issued for violations of the same applicable section(s) shall not exceed the amount set in the Manager's schedule of fines regardless of the number of violations per citation.(c) Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the City. (d) All fines assessed shall be payable to the Office of the City Treasurer. Sec. 2-92. Failure to pay fines (a) The failure of any responsible party to pay the fines assessed by an administrative citation within the time specified on the citation or administrative enforcement order, if an administrative hearing was held, may result in the imposition of a late fee of fifty dollars ($50.00) and interest at a rate of ten percent (10%) per annum on all unpaid amounts. (b) In the event of failure to pay all fines assessed, the Manager may refer the matter for collection by whatever means are available to the City. (c) In the case of delinquent charges, assessments or taxes, including fines and the costs of nuisance abatement, the Manager shall certify a statement thereof to the City Treasurer who shall record a notice with the county clerk and recorder of a lien against the real property of the responsible party and who shall thereafter certify such lien to the county treasurer to be placed upon the tax list for the current year, such amount to be collected in the same manner as other taxes are collected together with a twenty percent (20%) penalty to defray the cost of collection. (d) An action or other process provided by law may be maintained by the City to recover or collect any amounts, including late fees, interests, and administrative costs, owing under this article. 8 Section 2. 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 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 3, Effective Date, This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of ,2006. SIGNED by the Mayor on this 2006. day of Jerry DiTullio, Mayor ATTEST: Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 9 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 200_ TITLE: AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE V, CONCERNING THE ADMINISTRATIVE ENFORCEMENT OF CERTAIN CODE OF LAWS PROVISIONS WHEREAS, the City Council finds that the violation of certain provisions of the City's Code of Laws (the "Code") affects the livability of the City's neighborhoods and that residential, commercial and industrial neighborhoods in the City each experience problems with such violations; and WHEREAS, the City Council wishes to encourage compliance with ordinances that affect the quality of life in the City by requiring those who violate said ordinances to the cost of enforcement; and WHEREAS, the City Council finds that increased enforcement of these ordinances would benefit the residents and businesses of the City; and WHEREAS, the City Council finds that there is a need for an alternative method of enforcement for certain specified violations of the Code; and WHEREAS, the City Council further finds that an appropriate method of enforcement for such violations is an administrative citation program which imposes administrative penalties for certain violations of the Code; and WHEREAS, the City Council further finds that certain amendments should be made to the Code to accommodate the addition of the administrative citation program; and WHEREAS, the City Council wishes to amend Chapter 2 of the Code to include a new Article V to allow for the administrative enforcement of the Code; [NOTE: As we determine which other sections should be rolled in/amended, we can modify the whereas clauses to include those sections] NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: 1 Section 1. Chapter 2 of the Code, entitled "Administration," is hereby amended by adding a new Article V, Administrative Enforcement, as follows: ARTICLE V. ADMINISTRATIVE ENFORCEMENT Sec. 2-80. Purpose; scope The purpose of this Article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This Article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; Chapter 26, Zoning. Sec. 2-81. Definitions. For the purposes of this Article the following terms shall have the meanings assigned to them below. A. "Administrative Hearing Officer" or "AHO" means the person with exclusive authority to hear appeals from administrative citations issued under this Ordinance. B. "Applicable sections" means those sections in the Code of Laws contained within the Chapters listed in Section 2-80. [NOTE: Craig made administrative enforcement applicable to its entire Code at once. This definition was added since we're "rolling in" Chapters. Certainly, a different term could be used.] C. "Code officer" shall mean the City Manager or the City Manager's designee, including but not limited to a community service officer, the building official, the property inspector or any other city official or employee charged with enforcing the provisions of this Article. D. "Manager" shall mean the City Manager or the City Manager's designee. E. "Municipal Court" means the Municipal Court for the City of Wheat Ridge, Colorado. F. "Responsible party" shall mean a person or entity who has violated this Code or, in the case of property subject to an administrative citation under this Article, who has possession or control of any real property or premises, whether as owner, occupant or tenant, or in the case of a motor vehicle, as owner or operator of the same. Sec. 2-82. Authority. 2 (a) Any Responsible Party violating applicable sections may be issued an administrative citation by a code officer as provided in this Article. (b) Notwithstanding any other provision of this Code, responsible parties cited under the provisions of this Article shall have only the appeal rights granted herein. (c) Administrative citations shall be issued only after the responsible party has received a notice of violation and has been given time to comply as stated in the notice of violation. (d) Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate administrative citation may be issued. However, once an administrative citation has been issued for a violation of an applicable section, no additional administrative citation shall be issued for the same violation for ten days or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the Administrative Hearing Officer within ten (10) days of its issuance or such other time as the AHO has specified. (e) A fine assessed by means of an administrative citation issued by the code officer shall be payable directly to the Office of the City Treasurer, and if not timely paid, shall be collected in accordance with the procedures specified in this Article. (f) Enforcement actions for violations of applicable sections are intended to be alternative in nature. At anyone time, the City may pursue a civil, criminal, or administrative action against a responsible party. The City may also choose to pursue an alternative action upon staying the original action. Sec. 2-83. Notice of violation; administrative citation. (a) Upon becoming aware of a violation of an applicable section, a code officer may issue a notice of violation to the responsible party. The notice shall state the date and location of the violation, the approximate time the violation was observed, identifying, where applicable, the property in violation by address or legal description. The notice shall refer to the applicable section violated, describe the violation, and describe the action required to correct the violation. The notice shall require the responsible party to correct the violation within ten (10) days, and shall explain the consequences of failure to correct said violation, including the issuance of an administrative citation. (b) Service of a notice of a violation on the responsible party shall be by any of the following means: 3 1. If the responsible party resides at the site of the violation, the code officer may personally deliver a copy of the notice of violation to the responsible party at that site; or 2. A copy of the notice may be mailed by first class mail to the last known address of the responsible party as reflected in the county real estate records; or 3. A copy of the notice of violation may be posted in a conspicuous place on the unoccupied premises. (c) If the responsible party has failed to correct the violation noted in the notice of violation within the time provided on such notice, a code enforcer officer may issue an administrative citation to the responsible party on a form approved by the City Manager and, in the case of nuisances, the City may begin the abatement process provided for in Section 15-8 of this Code. If the City begins the abatement process, service by the code officer of the notice of violation shall be considered service of notice to abate and the City may begin the abatement process with the application for abatement order. (d) The code officer may require that the responsible party provide evidence of identity and residential or working address. (e) The code officer shall attempt to issue the administrative citation to the responsible party at the site of any violation. The code officer may issue the administrative citation to the responsible party by the methods described in subsection (b), above. (f) The code officer shall attempt to obtain the signature of the person receiving the administrative citation on the citation. If that person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings. (g) Notice shall be deemed served on the earliest of: (i) the date of receipt by the responsible party, if personally served; (ii) the fourth day after the mailing of the administrative citation; or (iii) the date the administrative citation was posted. Sec. 2.84. Contents of administrative citation. (a) The administrative citation shall state the location of the violations and the date and approximate time the violations were observed. Where applicable, the administrative citation shall identify the property in violation by address or legal description. (b) The administrative citation shall refer to the applicable sections violated and describe the violations. 4 (c) The administrative citation shall describe the action required to correct the violations. (d) The administrative citation shall require the responsible party to correct the violations immediately and shall explain the consequences of failure to correct said violations. (e) The administrative citation shall state the amount of fine imposed for the violations. (f) The administrative citation shall explain how the fine shall be paid, the time period by which it shall be paid, and the consequences of failure to pay the fine. (g) The administrative citation shall briefly state the process for appealing the administrative citation. (h) The administrative citation shall contain the signature of the code officer and the signature of the responsible party if it can be obtained. Sec. 2-85. Appeal of administrative citation. (a) A person served with an administrative citation may file a notice of appeal within five (5) calendar days from the service of the administrative citation. Compliance with this time limit shall be a jurisdictional prerequisite to any appeal brought under this Article, and failure to comply shall bar any such appeal. (b) The notice of appeal shall be made in writing and shall be filed with the Municipal Court in person, by facsimile transmission or by mail. Regardless of the manner of filing such appeal, the notice of appeal must be filed with the Municipal Court within five (5) calendar days from the date the administrative citation was served. (c) As soon as practicable after receiving the written notice of appeal, the Municipal Court shall assign an AHO who shall schedule a date, time and location for the hearing. (d) Written notice of the date, time and location of the hearing shall be personally served upon or sent by first class mail to the responsible party at least five (5) calendar days prior to the date of the hearing. The hearing shall be held no more than fourteen (14) days after the date upon which the administrative citation was issued. Sec. 2-86. Administrative hearing officers. 5 (a) The Administrative Hearing Officer must be an attorney licensed to practice law in the State of Colorado with a minimum of three years of experience. (b) Any person designated to serve as an AHO is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. Sec. 2-87. Administrative appeals. (a) Administrative appeals are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow procedures as provided in this Section. (b) The parties to an administrative appeal shall be the responsible party and the Wheat Ridge Police Department. Parties may be represented by legal counsel. Parties may call and question witnesses. (c) The AHO, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The form of, and the process for issuing, subpoenas shall be the same as in the Municipal Court. (d) The AHO shall have the power to call and question witnesses, review and consider the relevancy of documentary or other tangible evidence, and rule on evidentiary questions. (e) The only issue to be decided by the AHO is whether the code officer exceeded his/her authority in issuing the administrative citation. The City bears the burden of proof to establish the existence of a violation of the Code. In the case of a nuisance abatement hearing, the City bears the burden of proof to establish the existence of a public nuisance. The City's meeting of this burden of proof shall constitute prima facie evidence that the code officer did not exceed his/her authority. The appellant shall have the burden of rebutting such evidence. (f) The standard of proof required in an administrative appeal is a preponderance of the evidence. (g) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of its case. (h) Copies, photographs, and photocopies may be admitted into evidence or substituted in evidence in place of original documents. 6 (i) Hearings shall be recorded by electronic means and transcripts of such recordings shall be made at the expense of the party requesting the transcript. m Whenever it appears that a petition is not filed within the time permitted by the particular law or ordinance involved, or that the AHO for some other reason lacks jurisdiction, the case may be dismissed on the motion of any party or on the AHO's own motion. (k) The decision of the AHO shall be known as an administrative enforcement order. (I) The AHO may uphold the administrative citation and all penalties or dismiss the administrative citation and all penalties or may waive or conditionally reduce the penalties assessed by the administrative citation. The AHO may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. (m)ln the event that the AHO does not dismiss the administrative citation, the AHO shall assess reasonable administrative costs of not less than one hundred dollars ($100), but not to exceed two hundred dollars ($200). (n) The administrative enforcement order shall become final on the date of mailing the order to the responsible party. A copy of the order shall be provided to the City. Sec. 2-88. Failure to obey subpoena. It is unlawful for any person to refuse to obey a subpoena issued by an AHO. Failure to obey a subpoena constitutes contempt and may be criminally prosecuted and have penalties imposed in the same manner as violation of a Municipal Court subpoena. Sec. 2-89. Failure to attend administrative appeal. Any responsible party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided. Sec. 2-90. Failure to comply with administrative enforcement order It is unlawful for a responsible party who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be criminally prosecuted and have penalties imposed similar to those for failure to comply with an order of the Municipal Court. 7 Sec. 2-91. Penalties assessed. (a) The Manager shall develop guidelines for penalties based upon the Manager's assessment of the cost to the City for enforcing the provisions of this Article. Such guidelines shall be approved by the City Council. Thereafter, the Manager shall publish a schedule of fines for administrative citations. The schedule of fines shall be graduated in amount, with the smallest fine being assessed for the first administrative citation and increasingly larger fines for second, third and subsequent administrative citations. No single fine assessed for an administrative citation shall exceed $1,000. The schedule of fines shall be amended no more than once per year. (b) If the responsible party fails to correct the violation, subsequent administrative citations may be issued for violations of the same applicable section. The fine assessed for each administrative citation issued for violations of the same applicable section(s) shall not exceed the amount set in the Manager's schedule of fines regardless of the number of violations per citation.(c) Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the City. (d) All fines assessed shall be payable to the Office of the City Treasurer. Sec. 2-92. Failure to pay fines (a) The failure of any responsible party to pay the fines assessed by an administrative citation within the time specified on the citation or administrative enforcement order, if an administrative hearing was held, may result in the imposition of a late fee of fifty dollars ($50.00) and interest at a rate of ten percent (10%) per annum on all unpaid amounts. (b) In the event of failure to pay all fines assessed, the Manager may,refer the matter for collection by whatever means are available to the City. (c) In the case of delinquent charges, assessments or taxes, including fines and the costs of nuisance abatement, the Manager shall certify a statement thereof to the City Treasurer who shall record a notice with the county clerk and' recorder of a lien against the real property of the responsible party and who shall thereafter certify such lien to the county treasurer to be placed upon the tax list for the current year, such amount to be collected in the same manner as other taxes are collected together with a twenty percent (20%) penalty to defray the cost of collection. (d) An action or other process provided by law may be maintained by the City to recover or collect any amounts, including late fees, interests, and administrative costs, owing under this article. 8 Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of ,2006. SIGNED by the Mayor on this 2006. day of Jerry DiTullio, Mayor ATTEST: ---- -P-a...d.. Ar'IC:ler5e~, City Cle~ r 4tY'~irttni.- Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 9 Current Process to Enforce Municipal Code Violation ( Property in Complianc.e ~ 45 days to Court Hearing ,., + ( Not Guilty ) 10 days y }- Property Rechec.k Not in Compli~"ce ~ (Guilty p.....1ea/\ ~ fine ) . Trial May take 3 months from time of summons Municipal Code Violation CSO chooses to work with Cooperativ e. citizen .-J Propertyin ) Compliance i + ( GUilty\fine) 10 days y Property Recheck _~ropertyi~ ~omPliancy Not in Compliance Up to 21 da' ~ y Abatement .-J (COllect Costs o,?\ ~ein on prope~ Court Process, ....' Guilty/not ...... ....I guilty ~ From the time a violation is reported it can take up to 55 days, or longer if person requests trial, to complete the process. It may take even longer if CSO chooses to work with the citizen. NeW process For Cde e.nfofce01e.n.t..... O..ffi..\c.ef.s...... o "'~ . . ...d' using the ~dtllin.G1ta\t\on .ao" · court: ~ppea\ \n cotnp\\nancet case Ic\Qsed - r- Mun\. court \}\J\\\ \SSUe Hear\ng Date \}\Jithin 5 calendar DaYs \/\o\at\on Code Officer \SSUes \}\Jarn \ng ~fter '\ 0 oa'1s tbe propert'f \s RecbecKed ---- \X \f\o\ator \s G,u\\t)'1 pa'1s fine \n :.Court and ..\MUStBe \n .1- coxnpf\ance \}\JJ\ to oa\js \/iO\ator ~ppea\s 1'0 o\str\ctCourt jX{ter'\0 days/fine is pa\d3:!'\d propert'1 i(l COtf\\J\\ance/case ClOsed \}\Jr\tten p\ppea\ \s Recei\Jed \}\Jitbin fNe DaYs BY Muni.Court Not \n cotnP\\nacet Citation \Ssued ~ \~ Not \n \l problem cotnp\iancet cont\nuesl property fines ~bated and ~ \ncrease --,0' .------..: . costs ~ddedl or sent to TaX \,jen Placed criminal bY finance court Dep\. \ - ---- \ New Process For Code El1forcementOffrcers Using the Admin. Cita~ion 'With AbalemeJ\lt - ------ ~ Violator Comes lnto Compllance . .--- After 10 Days Property Not in Compliance Violatorls. Flned L-- co R.e. l'1uests ---."1 . Court <Drdered Abatement j . Cod:eOfficer issues Warning i After 10 1lJaysa summons Js, \.s$ued _ J Property . .. Is Abated .---,- After 10 daysl Property in . Compliance And Flne Paid Finance Dept. Sends Blll ~For Fine. - and Costs of Abatement \ If Sm\s Not Paid Within 30 Days-Tax Lien .. Placed on Property by Finance Dept. ~ h'llJj;AT RIDGE POLICE DEPARTMENT -WARNING NOTICE- CRf NAME: DATE: ADDRESS: PHONE: DESCRIPTION OF VlOLATION(~ Compliance Check Date: The goal of the Wheat Ridge Police Department is to create awareness of and voluntary compliance with Code of Laws. Your cooperation in taking actions to come into compliance with the law is greatly appreciated. Please contact me as soon as possible to discuss violation(s) noted above. Continued violation and/or failure to comply with the Code of Laws may result in criminal and/or civil enforcement actions. Such enforcement action will occur if the situation has not been corrected by the date noted above. WHEAT RIDGE POLICE DEPARTMENT 7500 W. 29m Ave., Wheat Ridge, CO 80033 (303) OFFICER CITY C PRESEN ,A TI I: \ " \ ADMINI$TRA TIVE ENFORCEMfNt PROC CODE EI'IFORCEMEN ~ HISTORY . 2000 - ~ Code Enforcement e fro Community Develo r\ent to P Department / ! ~ Animal, Parks, Co~~ Ekforcem Three functions /' \ " ~ Staffing - 1 Supervisor, '4 Sta authorized .... CURRENT ORDINANCE . Due Process Model - ~ Based on the principle that a person canno be deprived of life or Iibe without appropriate Ie safeguards ~ There is a presuml!tion of inno legal burden upon th~ pr9secution elements of the offefk~ (generally reasonable doubt) a'od to qisprove defenses , ~ Reasonable doJbt ri1eans'that t proposition must;be p~oven to the there is no "rea~in t a reasonable oe~ -., .., ~~ eso AUTHORITY . Sec. 2-33 - Authority of animal- enforcement officers ~ C.R.S. ~ 30-15-105 an the Colora Municipal Court Rules I: , ~ Designated as peace- AM;ers and authorized to issue, ign, ~.nd serv and complaints, dei;ai~ anC{ arrest l> Enforce the provisi6ns! of chapte 16, 17, 20, and 29'. I' \. L...L....i ~ ISSUES l> Conflicting policy direction in the past l> Workload demands from animal co functions ~ Time and manpower los s in seekin compliance /i \_ l> Time it takes to move a/cia~ throug criminal court system ! i \ l> Repeat offenders ' " l> Absentee landlords ~ Abatement process, ~ Discretion ~ l 1,\ I " I \ j I J J mmOr;lS,j ,j i 3, 1,5, ! -., PENALTY . Section 15-9 - ~ Punishable by a fine of not more hundred ninety-nine dr l> Imprisonment in the 0: j.mty jail fo than one hundred eig~\, (180) da ~ Both fine and impri~fn~nt unles provided by statute;/Pfoviged, ho no person under th~ a~e of eight years shall be subject ,to impriso violation of this ctlapt~r. ' ... I ! i -., ~ 1 PROPOSED ORDINANCE o Administrative Enforcement M )> Aurora, Craig, Den ort , II \ o Administrative Enforden'lent Mod based on proving a Me\pased .D~ndean::;T ~ SECTION 2-81: DEFINITIONS o Administrative Hearing Officer presides over the appiai ue the responsible recipi4t of an Administrative Citatiori\ o Responsible Party isi~e~wner, or tenant in posses~ioh o~ contr property or vehicl~' ' ~ , , --, SECTION 2-82: AUTHORITY )> Administrative Citation will be ' llfi", after the Responsibl~ n given time to comply(10 da ). j\ )> Only the Responsible: rty, as ~" viously /1,1 defined, shall have t e ppeal n~ ' ! )> A Responsible partY,/dJn be char j for i the. same vi?lation ~a~h J~y it, 'or, i until RP is Cited, ap~als, or glv orders by the AHO. " ~ -, PREPONDERANCE OF EVIDENCE o "Preponderance Of~7di l> Standard required in m st civil ca l> Standard is met if the ~ position i Iikelv to be true than)'l6t rue. l> Effectively, the stanc;far j is\satisfi greater than 50% <;tlar ,ce t~at th is true. "\ ~ ~ SECTION 2-81: DEFINITIONS . Code Officer - Community Se ' Officer, the building o~ ' e inspector or any other,'_ ity offici employee charged w~ enforcin provisions of this art)cle. f,' \ / \, ~ i ! ~ SECTION 2-82: AUTHORITY )> Fines are payable directly to the City Treasurer-30~ )> The City may pursue _ civil, cri administrative action ~ finst th responsible party at!~i1y~ne tim ..... , \ ~ 2 SECTION 2-83: NOTICE OF VIOLA TION The notice shall: ,. State the date and I e ,. State the approximate ime, addre description Ii \ ,. Refer to the applica~IJ ~ction vi ,. Describe the violatidn i \ I, \ ,. Describe the actiori requireq to violation . . . the! ~ ~ SECTION 2-83: SERVICE OF NOTICE . Service of a notice of a violati . ,. Personal Delivery to r nsible they reside at site of '7f~lation ,. First class mail to lasr ~Iilown ad per county records / ! \ ,. Notice of violation ~ay be, poste unoccupied premi$es' '\ ~ ... SECTION 2-84: ADMINISTRA TIVE CITATION . The Administrative Citation: ,. States the location, da, e viol observed ,. Identifies the property'; 'I address description / i \ ,. Refer to the applica01~ se6J:ions vi describe the violati~ns' \ ,. Describe the action required to co ct the violations. , _ ~ \ SECTION 2-83: NOTICE OF VIOLA TION ,. Requires the responsible pa the violation within 10.,8 ,. Explain the consequer ,~es of fail correct said violation'/influding issuance of an Administrative Ci / \ ...11 I ~\ / ' \ / i ' ! ! ~ ~ SECTION 2-83: SERVICE OF NOTICE o DAY 10- No Compliance ,. Code Officer may issu Citation to the RP ,. In the case of nUisan~ the abat process may begin ! i \ I; \ ,. If abatement begin~~ ~ se~ice of violation is the same as service an application for ,aba~eme~~ cou. requested from tHe M~nicipal Cou ~ ;1\ /1\ ,I , / ce of / : e a1d ! ~~ SECTION 2-84: ADMINISTRA TIVE CITATION ,. Notice on correcting the viola . immediately and con 5 to correct the violatio 1:\ ,. Fine amount imposecfi \ ,. Who, What, When, Wh~l;e and the fine /; \ !; , ...... ~ 3 SECTION 2-84: ADMINISTRA T1VE CITATION ..... ~ SECTION 2-85: APPEAL OF ADMINISTRA T1VE CITATION ~ Must be received by the Cou (5) days from the dat a I served ~ Municipal Court will a ,s gn an Administrative Heari~~ Otficer w schedule a date, ti~el ali~ locati hearing /;' ,.~- , / \ . \ / " , . I ~ \ ....., SECTION 2-86: ADMINISTRA T1VE HEARING OFFICERS ~ Attorney licensed to practice State of Colorado ~ Must have a minimum,' f three experience / i \ ~ Those chosen to se~~ a's an AH subject to disqualifitatiori~or bia prejudice, interest! or: for ary for which a judg~1 may be di?qu court of law ~ . , . ' '~ SECTION 2-85: APPEAL OF ADMINISTRA T1VE CITATION ~ Five (5) calendar days to file appeal to the Municip~' ~ Shall be in writing by ~ail or fa transmission /i \ ~ Failure to comply wu!h: th~ 5 day bar any such appe9{ , ileA / ' I itwilf r ! : , I . I , ~ , , ~ SECTION 2-85: APPEAL OF ADMINISTRA TIVE CITATION ~ Written notice served personal class mail indicating t[ , location of the hearin ~ This notice will be r~ ~ed at Ie (5) calendar days pr~r IiO the h date. ! ; \ Ii. , \ ~ The hearing date sJ lalil be \held than fourteen (14) days after t citation was served! \ ~ / ore; ate ~he -., SECTION 2-87: A DMINISTRA TIVE APPEALS ~ Informal in nature ~ Rules of evidence and apply i: ~ Responsible party and! t~e City 0 Ridge !: \ ! i \ ~ May be represented bY legal co I. \ i I ~ ,i , ~ 4 SECTION 2-87: ADMINISTRA TIVE APPEALS ~ Parties may call and question witnesse ~ The AHO may subpoena w'. , and other eVidence to de e the issu hearing ~ All costs related to the sJbooena, inc witness and mileage fee!;) srall be p requesting party !: \ ~ The AHO shall have t~ power to call question witnesses, review a~ co . relevancy of documentarfy or other evidence, and rule 0/1 eVridenticity qu ..... d he I Ie ! ;=~ SECTION 2-87: ADMINISTRA T1VE APPEALS _II I ~ ~ SECTION 2-87: ADMINISTRA T1VE APPEALS . The Administrative Hearing Officer ca the following manner: ~ Uphold the administra e citation penalties ~ Dismiss the administratl e citation penalties / i \ ~ May w.ave or conditi9n~lIy\ reduce penalties ..'!, ~ May impose conditibn$ and\deadf correct the violatiQns i \. ~ Require payment/of any outSt;andi ~ d all ; pe.., SECTION 2-87: A DMINISTRA TIVE APPEALS . The onlv issue to be .t!ecided bv whether the code oftice~l!!IIT!'eir authoritv in issuino tfjrdmin~tive \ Citation : / \ . City bears the burden dt, roof to e blish th~ . existence of a code Viol~~o~ i i . During a nuisance abaiement hearin I e City i be~rs the burden of"r(Joft~at a Ii ce' . eXisted. ! i \ . Standard is a RJ:J!PdndJrance\of e ..... ena6 ; 'i~ SECTION 2-87: ADMINISTRA T1VE APPEALS . If petition is not filed within t time limit, or there is ~,.j J the case may be dismiSsed on by the AHO /1\ . The decision by the A~O\ will be an Administrative E,Mli>rcEl(llent !! \ , i---L-..1. ~ ~ SECTION 2-87: ADMINISTRA TIVE APPEALS ~ If the administrative citation' dismissed, the Adminiwtl Officer shall assess ad~'nistrati I' not less than $100 noli ore tha ~ The Administrative qhto~~ement final on the date of/"m~ilir\~ the ( the responsible pefsor \ ~ Responsible pers~n dm app\eal District Court - ~ 5 SECTION 2-88: FAILURE TO OBEY SUBPOENA . Failure to obey a subpoena iss AHO is punishable in 11 c I': \ , , ;. \ !' \ ~ ~ SECTION 2-90: FAILURE TO COMPL Y WITH ADMINISTRA TIVE ENFORCEMENT ORDER , ..... ~ SECTION 2-91: PENAL TIES ASSESSED ~ Payment of the fine shall not failure to correct the V<~ s bar further enforceme. taction ~ Fines are payable to ~. Office 0 I' \ Treasurer ,I i \ ..... ~ SECTION 2-89: FAILURE TO ATTEND ADMINISTRA TIVE APPEAL . Failure to appear at a hearin right to a hearing & a~' 10 issues related to the h: aring . Requires proof of pro: \ notice I: \ / i . / Ii , ! ~ SECTION 2-91: PENAL TIES ASSESSED ~ City Manager shall establish a guidelines for penalti~t of the City Council. ~ Fines shall be gradU~ and no exceed $1,000 for a i,h Ie fine ~ Additional citations . ~y be issu responsible party fiils to ~orre ,. , ~ The fines assessed willi not\exce Managers sChed. ~ SECTION 2-92: FAILURE TO PA Y FINES ~ Failure of an RP to pay assess result in a late fee of ~9 charged on unpaid a~.punts ~ For failure to pay fine~~ the Man seek other methods t'dr (:ollectio ~ Unpaid monies by a~ kP~n res property having a l,iell' plated the current tax year ~nd aleOoo assessed to defray cdsts \ ~ ! ,., est 111 I, er may / \ I i . th I. m elr t it for I. natty I ~ 6 PENALTIES . First Offense - $150 . Second Offense - $25lt . Third Offense - $500 !~ . Additional Costs inclyBe\ . Costs for abatement! tim~\involve employees! plus 20//0 :i . Administrative Co~ for He~rjng . Copying fees i \ ...., -., NewP~For CodeEnforOl'h1entOfticer-. l.l"nghAdmln Cttdonwth~nt .'~'C"' . . Il'l!!II!!!l!!I EM I . ~ I5!!l ~:.' . II'~ I I . . . ".. .. ':."' ..... ... C." .c'.~". ..". .-' ". . -, ..-.. '., . ',- - -. . REVENUE . Estimated Revenue - ~ 2006 - 2,196 Code orcem ~ 70% Compliance Ra1e III 1\ ~ Anticipate 659 citapp~s issued I \ ~ 659 X $150 = $9~,$50\ / ! ! ! ~ ~ FINANCIAL IMPACT . Finance/Administrative Services . Personnel . Software . Municipal Courts . Personnel . Materials . AHO . Abatements . TOTAL COSTS EDUCA TlON , \ I I I ~ . Media Connections . Channel 8 video - ide develop a "news stOry/~ . City Website /1 \ . WR2020 Presentatiqh iaftf!r City direction is given ,/ i \ . Host a Town Hall me~ting \;>r Di Ict . , presentations I! . . ~ .... I 7 RECOMMENDATIONS ./ Approve Administrative Enforcemen ./ City staff to review and i 0 recommendations . ./ Begin educational comP<i~\mt ./ Bring this forward to CiW!Cb\uncil Ma ./ Evaluate it's effectiven~s$ \ ./ Make necessary changes; \ ./ Look for opportuniti1s tl:1 expa~e this areas of the Code ~ ; ot~ ~ i I ~ 8 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 04 Ordinance No. Series of 2007 AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE V, CONCERNING THE ADMINISTRATIVE MODEL PROCESS OF CERTAIN CODE OF LAWS PROVISIONS, AND AMENDING CHAPTER 15 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE THAT A NOTICE OF VIOLATION ISSUED PURSUANT TO CHAPTER 2, ARTICLE V, SHALL CONSTITUTE A NOTICE TO ABATE A NUISANCE WHEREAS, the City Council finds that the violation of certain provisions of the City's Code of Laws (the "Code") affects the livability of the City's neighborhoods and that residential, commercial and industrial neighborhoods in the City each experience problems with such violations; and WHEREAS, the City Council wishes to encourage compliance with ordinances that affect the quality of life in the City by requiring those who violate said ordinances to bear the cost of enforcement; and WHEREAS, the City Council finds that increased enforcement of these ordinances would benefit the residents and businesses of the City; and WHEREAS, the City Council finds that there is a need for an alternative method of enforcement for certain specified violations of the Code; and WHEREAS, the City Council further finds that an appropriate method of enforcement for such violations is an administrative citation program which imposes administrative penalties for certain violations of the Code; and WHEREAS, the City Council further finds that certain amendments should be made to the Code to accommodate the addition of the administrative citation program; and WHEREAS, the City Counci1 wishes to amend Chapter 2 of the Code to include a new Article V to allow for the administrative enforcement of the Code and to amend Section 15-8 of the Code to provide that a notice of violation served pursuant to the administrative enforcement article shall constitute service of a notice to abate; 1 ATTACHMENT 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 2 of the Code, entitled "Administration," is hereby amended by adding a new Article V, Administrative Enforcement, as follows: ARTICLE V. ADMINISTRATIVE ENFORCEMENT Sec. 2-80. Purpose; scope The purpose of this Article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This Article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; Chapter 26, Zoning. Sec. 2-81. Definitions. For the purposes of this Article the following terms shall have the meanings assigned to them below. A. "Administrative Hearing Officer" or "AHO" means the person with exclusive authority to hear appeals from- administrative citations issued under this Ordinance. B. "Applicable sections" means those sections in the Code of Laws contained within the Chapters listed in Section 2-80. C. "Code officer" shall mean the City Manager or the City Manager's designee, including but not limited to a community service officer, the building official, the property inspector or any other city official or employee charged with enforcing the provisions of this Article. D. "Manager" shall mean the City Manager or the City Manager's designee. E. "Municipal Court" means the Municipal Court for the City of Wheat Ridge, Colorado. F. "Responsible party" shall mean a person or entity who has violated this Code or, in the case of property subject to an administrative citation under this Article, who has possession or control of any real property or premises, whether as owner, occupant or tenant, or in the case of a motor vehicle, as owner or operator of the same. Sec. 2-82. Authority. 2 (a) Any Responsible Party violating applicable sections may be issued an administrative citation by a code officer as provided in this Article. (b) Notwithstanding any other provision of this Code, responsible parties cited under the provisions of this Article shall have only the appeal rights granted herein. (c) Administrative citations shall be issued only after the responsible party has received a notice of violation and has been given time to comply as stated in the notice of violation. (d) Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate administrative citation may be issued. However, once an administrative citation has been issued for a violation of an applicable section, no additional administrative citation shall be issued for the same violation for ten days or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the Administrative Hearing Officer within ten (10) days of its issuance or such other time as the AHO has specified. (e) A fine assessed by means of an administrative citation issued by the code officer shall be payable directly to the Office of the City Treasurer, and if not timely paid, shall be collected in accordance with the procedures specified in this Article. (f) Enforcement actions for violations of applicable sections are intended to be alternative in nature. At anyone time, the City may pursue a civil, criminal, or administrative action against a responsible party. The City may also choose to pursue an alternative action upon staying the original action. Sec. 2-83. Notice of violation. (a) Upon becoming aware of a violation of an applicable section, a code officer may issue a notice of violation to the responsible party. The notice shall state the date and location of the violation, the approximate time the violation was observed, identifying, where applicable, the property in violation by address or legal description. The notice shall refer to the applicable section violated, describe the violation, and describe the action required to correct the violation. The notice shall require the responsible party to correct the violation within ten (10) days, and shall explain the consequences of failure to correct said violation, including the issuance of an administrative citation. (b) Service of a notice of a violation on the responsible party shall be by any of the following means: 3 1. If the responsible party resides at the site of the violation, the code officer may personally deliver a copy of the notice of violation to the responsible party at that site; or 2. A copy of the notice may be mailed by first class mail to the last known address of the responsible party as reflected in the county real estate records; or 3. A copy of the notice of violation may be posted in a conspicuous place on the unoccupied premises. Sec. 2-84. Administrative citation. (a) If the responsible party has failed to correct the violation noted in the notice of violation within the time provided on such notice, a code officer may issue an administrative citation to the responsible party on a form approved by the City Manager (b) The code officer may require that the responsible party provide evidence of identity and residential or working address. (c) The code officer shall attempt to issue the administrative citation to the responsible party at the site of any violation. The code officer may issue the administrative citation to the responsible party by the methods described in Section 2-83, subsection (b), above. (d) The code officer shall attempt to obtain the signature of the person receiving the administrative citation on the citation. If that person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings. (e) Notice shall be deemed served on the earliest of: (i) the date of receipt by the responsible party, if personally served; (ii) the fourth day after the mailing of the administrative citation; or (iii) the date the administrative citation was posted. Sec. 2-85. Contents of administrative citation. (a) The administrative citation shall state the location of the violations and the date and approximate time the violations were observed. Where applicable, the administrative citation shall identify the property in violation by address or legal description. (b) The administrative citation shall refer to the applicable sections violated and describe the violations. (c) The administrative citation shall describe the action required to correct the violations. 4 (d) The administrative citation shall require the responsible party to correct the violations immediately and shall explain the consequences of failure to correct said violations. (e) The administrative citation shall state the amount of fine imposed for the violations. (f) The administrative citation shall explain how the fine shall be paid, the time period by which it shall be paid, and the consequences of failure to pay the fine. (g) The administrative citation shall briefly state the process for appealing the administrative citation. (h) The administrative citation shall contain the signature of the code officer and the signature of the responsible party if it can be obtained. Sec. 2-86. Appeal of administrative citation. (a) A person served with an administrative citation may file a notice of appeal within five (5) calendar days from the service of the administrative citation. Compliance with this time limit shall be a jurisdictional prerequisite to any appeal brought under this Article, and failure to comply shall bar any such appeal. (b) The notice of appeal shall be made in writing and shall be filed with the Municipal Court in person, by facsimile transmission or by mail. Regardless of the manner of filing such appeal, the notice of appeal must be filed with the Municipal Court within five (5) calendar days from the date the administrative citation was served. (c) As soon as practicable after receiving the written notice of appeal, the Municipal Court shall assign an AHO who shall schedule a date, time and location for the hearing. (d) Written notice of the date, time and location of the hearing shall be personally served upon or sent by first class mail to the responsible party at least five (5) calendar days prior to the date of the hearing. The hearing shall be held no more than fourteen (14) days after the date upon which the administrative citation was issued. (e) In computing the day a notice of appeal must be filed or the day by which a hearing must be held, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to the first day thereafter which is not a Saturday, Sunday, or legal holiday. 5 Sec. 2-87. Administrative hearin"g officers. (a) The Administrative Hearing Officer must be an attorney licensed to practice law in the State of Colorado with a minimum of three years of experience. (b) Any person designated to serve as an AHO is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. Sec. 2-88. Administrative appeals. (a) Administrative appeals are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow the procedures provided in this Section. (b) The parties to an administrative appeal shall be the responsible party and the Wheat Ridge Police Department. Parties may be represented by legal counsel. Each parties may call and question witnesses, cross-examine witnesses and present evidence in support of its case. (c) The AHO, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The form of, and the process for issuing, subpoenas shall be the same as in the Municipal Court. (d) The AHO shall have the power to call and question witnesses, review and consider the relevancy of documentary or other tangible evidence, and rule on evidentiary questions. (e) The only issue to be decided by the AHO is whether the code officer exceeded his/her authority in issuing the administrative citation. The City bears the burden of proof to establish the existence of a violation of the Code. In the case of a nuisance abatement hearing, the City bears the burden of proof to establish the existence of a public nuisance. The City's meeting of this burden of proof shall constitute prima facie evidence that the code officer did not exceed his/her authority. The appellant shall have the burden of rebutting such evidence. (f) The standard of proof required in an administrative appeal is a preponderance of the evidence. 6