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Home My WebLink About08/13/2007 6:30 p.m. Pre-Meeting ~~~~,~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Auqust13.2007 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Julv 23.2007 PROCLAMATIONS AND CEREMONIES Stuart McDonald, American Trails, presentation of National Recreation Trail Designation 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 29-2007: AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 6, 2007. CITY COUNCIL AGENDA: August 13, 2007 Page -2- B. RESOLUTION 31-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $111,329 FOR THE REIMBURSEMENT TO R-1 SCHOOL DISTRICT FOR THE STEVENS ELEMENTARY PLAYGROUND GRANT. C. RESOLUTION 32-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $2,500 FOR THE ACCEPTANCE OF A TREE GRANT FROM THE COLORADO PARKS AND RECREATION FOUNDATION. D. Award of RFB-07 -28R - Commercial Treadmill Replacement to Advanced Exercise Equipment in the Amount of $30,100 for Use at the Wheat Ridge Recreation Center. E. Approval of an Agreement By and Between the City of Wheat Ridge and the United Advertising Corporation for Installation of Bus Stop Shelters. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. RESOLUTION 30-2007 - ADOPTING THE FRUITDALE SUBAREA PLAN. (Case No. WPA-06-05) ORDINANCES ON FIRST READING Item 3. COUNCIL BILL 17-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF CITY CLERK. Item 4. COUNCIL BILL 18-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF TREASURER. Item 5. COUNCIL BILL 19-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF CITY COUNCIL. Item 6. COUNCIL BILL 20-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF MAYOR. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT ~~~ oomm~. \ttIlJ 1I _lIJIJII\ULlIBiD CITY OF WHEAT RIDGE, COLORADO Julv 23. 20~7 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of Public Works, Tim Paranto; Interim Director of Community Development, Sally Payne; Treasurer, Mary Cavarra; Senior Planner, Meredith Reckert; Police Commander, Jim Lorentz; staff; and interested citizens. APPROVAL OF MINUTES OF Julv 9.2007 Motion by Council Member Gokey for approval of the Minutes of July 9, 2007; seconded by Council Member Sang; carried 8-0. PROCLAMATIONS AND CEREMONIES National Night Out: Mayor DiTullio proclaimed Tuesday, August ih, 2007 as National Night Out for crime prevention and introduced Commander Jim Lorentz who commented on the City's participation in the program. Mayor DiTullio recognized citizen, Board Member and Wheat Ridge Business owner, Cheryl Brungardt for her award of the 2007 Bess Cohn Humanitarian Award from the Advertising Specialty Institute. Business Awards: Mayor DiTullio and Council presented the Wheat Ridge 2007 Business Awards to the following businesses: Cultural Commission Award: Big Sky Espresso Cafe Vision Award: Jefferson Center for Mental Health Reinvestment Award: Dennis Mantas, owner of The Wheat Ridge Pharmacy Volunteer of the Year Award: Tom Abbott Small Business of the Year Award: 303 Boards Prestigious Business of the Year Award: 01 Graphics Mayor and City Council's Partnership Award: Wheat Ridge Cyclery Mayor DiTullio called a break at 7:32pm for a reception with the 2007 Business Award Winners; Meeting resumed at 7:56pm. CITY COUNCIL MINUTES: July 23, 2007 Page -2- CITIZENS' RIGHT TO SPEAK No citizens were present to speak. Item 1. CONSENT AGENDA A. Approval of Bike and Pedestrian Route Master Plan. B. Approve Award of ITB-07-25 Police Evidence Locker Replacement in the Amount of $38,539.58. Consent Agenda was introduced and read by Council Member Stites. Council Member Adams requested that Item A be removed from the Consent Agenda. Motion by Council Member Stites for approval of the Consent Agenda Item B; seconded by Council Member Sang: carried 8-0. Motion by Council Member Adams for approval of the Consent Agenda Item A; seconded by Council Member Rotola. Ralph Hughes noted some features missing from the Bicycle Master Plan, particularly those that would provide access from the residential areas around 32nd & Kipling to the Recreation Center and Clear Creek Trail and the connecting trails and routes west to the Applewood Shopping Center. Mr. Paranto and Ms. Payne answered questions from Council. Motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Meeting on 2008 Budget. John Miks, Pat Roush, Elouise Newell and Tim Story spoke to the benefits and citizens' wishes for the development of the City's park property known as Einarson Park at 38th & Kipling. Citizens encouraged Council to appropriate funding for its development in the 2008 budget. CITY COUNCIL MINUTES: July 23, 2007 Page -3- Item 3. COUNCIL BILL 06-2007 - AN ORDINANCE REPEALING AND RE- ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE. Council Bill 06-2007 was introduced on second reading by Council Member Sang. City Clerk Michael Snow read the Executive Summary and assigned Ordinance No. 1396. Meredith Reckert presented the staff report. Motion by Council Member Sang to approve Council Bill 06-2007 (Ordinance 1396) on second reading and that it take effect 15 days after final publication with the following conditions: 1. The provision for campaign signs be modified requiring removal within seven days following an election. 2. The provisions for portable (temporary) signs be modified so that each business can have one. 3. The provision that all signs have light copy on a dark background be eliminated. 4. The provision that all illuminated signs be turned off one hour after business closure be eliminated. 5. The number of semi-public signs per organization be increased from 2 to 3. 6. Home occupation signs be permitted for all locations in the city. Motion seconded by Council Member Womble. Motion by Council Member Berry for the following amendment to the Ordinance: Section 26-707, C.2.: No sign is allowed in the public right-of-way, with the exception of signs on bus benches and shelters pursuant to article IV of chapter 21, and public, semi-public, traffic, strikeout aM regulatory signs and projecting signs as outlined in Section 26.710. Seconded by Council Member Womble; carried 8-0. Original motion by Council Member Sang carried 8-0. Motion by Council Member Stites to direct the City Manager to cause amendments to the Sign Code with respect to off-premises signs in industrial and commercial districts to be brought forward for Council consideration at an upcoming Study Session; seconded by Council Member Gokey; carried 8-0. CITY COUNCIL MINUTES: July 23, 2007 Page -4- DECISIONS. RESOLUTIONS AND MOTIONS Item 4. Acceptance of the 2006 Comprehensive Annual Financial Report (CAFR) Motion by Council Member Rotola to accept the 2006 Comprehensive Annual Financial Report from Swanhorst & Company, LLC; seconded by Council Member Schulz. Wendy Swanhorst of Swanhorst & Company, LLC made comments to the CAFR report produced for Council. Mrs. Cavarra commended Swanhorst & Company, LLC for their quality service to the City. Motion carried 8-0. Item 5. RESOLUTION 28-2007 - APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE COUNTY OF JEFFERSON FOR COST-SHARING OF IMPROVEMENTS AT THE 1-70/32ND AVENUE INTERCHANGE. Resolution 28-2007 was introduced by Council Member Stites. Motion by Council Member Stites to approve Resolution 28-2007; seconded by Council Member Sang; carried 8-0. ELECTED OFFICIALS' MATTERS Mr. Snow read aloud a letter sent to Mayor DiTullio from William Knott, County Librarian for the Jefferson County Public Library, expressing their interest in further discussions with the City of Wheat Ridge regarding the idea for developing a Library on South-East site of 44th & Wadsworth. Mr. Schulz, Mrs. Sang and Mr. Womble thanked and commended the 2007 Business Award winners and aCknowledged the strength of Wheat Ridge area businesses. Mr. Stites reminded citizens to "find it and buy it in Wheat Ridge." Mrs. Rotola reminded citizens of the District IV meeting on the 9th of August and welcomed the City's new Chief Building Inspector, John Schumaker. Mrs. Adams acknowledged Collier Hospice at Exempla Lutheran Hospital for their design award from Jefferson County Zoning and Planning commission for their new facility in Wheat Ridge, opened in 2006. Mrs. Adams also acknowledged the cooperation between the City of Wheat Ridge and Exempla Lutheran Hospital for the Project Life-Saver program. CITY COUNCIL MINUTES: July 23, 2007 Page -5- Mrs. Berry, in anticipation of the development of the Light Rail station in Wheat Ridge, made the following: Motion by Council Member Berry to direct the City Manager to: 1. Create a transit-oriented overlay district for the Northwest subarea to include incentives such as: reducing off-street parking requirements, counting on-street parking toward a portion-of parking requirements, allowing the installation of street trees along future sidewalk locations to fulfill landscape and open space requirements of existing zoning, waive side and front-setback requirements and establish them from future street locations, and include future Right-of-Way dedications in density calculations. The district will be developed in collaboration with property owners in the area. 2. Develop illustrated development guidelines for the Northwest subarea to provide guidance on building design when development or redevelopment would occur. The guidelines will be developed in collaboration with property owners in the area. 3. Research and propose alternatives for the creation of a district or districts for the subarea to provide a mechanism to finance, construct and maintain parking facility, drainage facilities, parks and recreation facilities and streetscape improvements. The alternatives will be developed in collaboration with property owners in the area. I further Move to direct the City Manager to develop a detailed action plan and schedule, with milestones, for implementation of the Northwest Subarea Plan. The action plan and schedule shall be presented to Council, in a study session, by October 1,2007. Motion seconded by Council Member Schulz; carried 8-0. Meeting adjourned at 8:54p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON AUGUST 13, 2007 BY A VOTE OF to -- Mike Stites, Mayor pro tem The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ITEM NO: I. .A, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 1,2007 TITLE: RESOLUTION 29-2007: AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN T.I::U!; COUNTY OF JEFFERSON, STATE OF COLORADO, AND UiE CITY OF WHEAT RIDGE, COLORADO, REGARDING 1.1::U!; ADMINISTRATION OF THEm RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 6,2007. o PUBLIC HEARING o BIDS/MOTIONS I:8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes I:8J No ~~ City Clerk \~~ Ciry~~ EXECUTIVE SUMMARY: The ciry of Wheat Ridge will participate in a coordinated election on November 6, 2007. The attached Resolution and Intergovernmental Agreement must be executed prior to the election. The documents Tefer to the respective duties of the counry and the ciry of Wheat Ridge concerning the conduct of the election. The duties of the Counry Clerk include, but are not limited to ballot preparation, voter lists, staff selection and training, providing election supplies, counting of the ballots, and certification of results. The duties of the ciry of Wheat Ridge include, but are not limited to Call and Notice and ballot preparation. The Ciry Clerk shall act as the ciry of Wheat Ridge's "Election Officer" and the designated election official. He shall act as the primary liaison between the Ciry of Wheat Ridge and the Contact Officer for the counry Clerk and Recorder. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES cONSIDEREDI None. FINANCIAL IMPACT: The jurisdiction shall pay the pro-rated costs for all services, equipment, forms and supplies provided by the County Clerk pursuant to this Agreement. In addition, the Jurisdiction shall pay the pro-rated costs for all County employee overtime and temporary employee regular and overtime solely related to the preparation and conduct of the Election at each employee's rate or One Thousand Dollars ($1,000), whicheveris greater. These estimated costs have been budgeted in the 2007 Budget in the amount of $ 13,000.00. RECOMMENDED MOTION: "I move to approve Resolution No. 29-2006 authorizing an Intergovernmental Agreement with the County of Jefferson regarding the Administration of the respective duties concerning the conduct of the coordinated election to be held on November 6, 2007" Attachments: 1. Resolution No 29-2007. 2. Intergovernmental Agreement. Report Prepared by: Christa Jones Reviewed by: Randy Young RESOLUTION NO. 29-2007 SERIES of 2007 TITLE: RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 6, 2007. WHEREAS, pursuant to Section 1-7-116(2), C.R.S., as amended, the County Clerk and the City of Wheat Ridge shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 6, 2007 ("Election"): and WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge (the "City Clerk") are authorized to conduct elections as provided by law; and WHEREAS, the County Clerk will conduct the Election as a "coordinated mail ballot election" as such terms are defined in the Uniform Election Code of 1992, Title 1, C.R.S., as amended ("Code") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended ("Rules"); and WHEREAS, the City of Wheat Ridge has certain candidates to present to its eligible electors and shall participate in this coordinated election; and WHEREAS, the County Clerk and the City of Wheat Ridge have determined that it is in the best interests of Jefferson County, the City of Wheat Ridge and their respective Inhabitants to cooperate and contract concerning the Election upon the terms and conditions contained herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that the appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the parties' respective duties concerning the conduct of the coordinated election to be held on November 6, 2007. DONE AND RESOLVED on this 13th day of Auoust .2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 li'I J.J!,KGOVERNMENTAL AGREEMENT Tms INTERGOVE~.lM'< J.AL AGREEMENT ("Agreement") is made and entered into this~ day oL A",:"qle ,2007, by and between the CLERK AND RECORDER FOR THE COUNTY OF dJ!,J.'J.'J!,RSON, STATE OF COLORADO ("County Clerk") and the r.i lev of ~Ri il"" ("Jurisdiction"), collectively referred to as the "Parties." "'n1'< J!,SSETH WHEREAS, pursuant to C.RS. ~ 1-7-116(2), as amended, the County Clerk and the Jurisdiction shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 6, 2007 ("Election"); and WHEREAS, the County Clerk and the Jurisdiction are authorized to conduct elections as provided by law; and I WHEREAS, the County Clerk will conduct the Election as a "coordinated mail ballot election" as such tennis defined in the Uniform Election Code of 1992, Title I, C.RS., as amended ("Code") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended ("Rules"); and WHEREAS, the Jurisdiction has certain candidates, ballot issues and/or ballot questions to present to its eligible electors and shall participate in this Coordinated election; and WHEREAS, the County Clerk and the Jurisdiction have determined that it is in the best interests of Jefferson County, the Jurisdiction and their respective inhabitants to cooperate and contract concerning the Election upon the terms and conditions contained herein. NOW, THEREFORE, for and in consideration of the promises herein contairied, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE I PURPOSE AND uJ!,l'<J!,KA!, MATTERS 1.01 Q2!!. The purpose of this Agreement is to set forth the tasks to be completed by the County Clerk and the Jurisdiction to conduct the Election and to pro-rate the cost thereof. 1.02 . Coordinated Election Official. The County Clerk shall act as the Coordinated Election Official in accordance with the Code and Rules and as such shall conduct the Election for the Jurisdiction for all matters in the Code and the Rules which require action by the Coordinated Election Official. M:lATTORNEYIOFFICIALICLK&RCRD\OHLECTlON\LG MUNL07.DOC 07/26107 I A I I ACHMENT 2 The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the authority of the County Clerk and shall have the primary responsibility for the coordination of the Election with the Jurisdiction and completion of procedures assigned to the County Clerk hereunder. Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responsibilities for the conduct of the Election. 1.03 .Desilmated Election Official. The Jurisdiction designates Michael Snow as its "Election Officer" to act as primary liaison between the Jurisdiction . and Contact Officer. The Election Officer shall have primary responsibility for the Election procedures to be handled by the Jurisdiction. Except as otherwise provided in this Agreement, the Election Officer shall act as the "Designated Election Official" for all matters under the Code and the Rules which require action by the Designated Election Official. From the date of the last party's execution of this Agreement through canvass of the Jurisdiction's election following the Election, the Election Officer shall be readily available and accessible during regular business hours, and at other times when notified by Contact Officer in advance, for the purposes of consultation and decision-making on behalf of the Jurisdiction. In addition, the Election Officer is responsible for receiving and timely responding to inquiries made by their voters or others interested in the Jurisdiction's election. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within Jefferson County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Jefferson County. 1.05 1!!;m. The term of this Agreement shall be from the date of the last ...party'sexecution.until.December31, 2007 .and.shalLapplyon.ly_to theNo.v~lLer:6,.~QoL election. . ARTICLE II DUTIES OF THE COUNfY CLERK 2.01 countv Clerk Duties. The County Clerk shall perform the following duties for the Election for the Jurisdiction: A. Voter Registration. 1. Supervise, 9rlm;n;ster and provide the necessary facilities and forms for all regular voter registration sites. 2. Notify the Jurisdiction of the certified number of registered electors residing within the Jurisdiction as of the close of the registration books on the twenty-ninth (29th) day prior to the Election. M:\ATTORNEYlOFFlCIALICLK&RCRD\07-ELECTION\LG MUNl07.DOC 07/26107 2 B. Ballot Preparation. 1. Layout the text of the ballot in a format that complies with the Code and the Rules. 2. Provide ballot printing layouts and text for proofreading and signature approval by the Jurisdiction. 3. Certify the ballot content to the printer(s). 4. Contract for mailed ballot packets with a vendor acceptable to the County Clerk and remit payment directly to the vendor. c. Voter Lists. 1. Upon request of the Jurisdiction, create a list of the registered voters containing the names and addresses of each elector registered to vote in the Jurisdiction. The Jurisdiction shall pay the County Clerk for the cost of such list at the County Clerk's standard rate. 2. Upon request of the Jurisdiction, certify the registration list to the designated representative(s) of the Jurisdiction. D. Staff. Appoint and train a sufficient nmnber of qualified staff to adequately serve the nmnber of electors registered to vote at the coordinated election. The ... ..JuIisdiction.sha11paya percentage ofihejotalcoBtfor.the.staff~cos:t wilLb.e.de((mnine4.by.usi1"!g ...... . total hours worked by sta.fJfrom the registration cut-off date of October 9, 2007 through election day, November 6. 2007). Such percentage shall be determined by dividing the nmnber of voters in the Jurisdiction by the total nmnber of voters in the County (based upon the total number of registered voters at the cut-off date). E. Mail Ballots. Mail the ballot packets as required by the Code and the Rules. F. Absentee Voting. 1. Conduct absentee and emergency voting in the County Clerk's office for the Jurisdiction as required by the Code. 2. Obtain and provide all ballots and supplies necessary for absentee and emergency voting and replacement ballots. G. Election Supplies. Provide all necessary equipment, forms and supplies to conduct the Election, including the County's electronic vote counting equipment. The M.'lATTORNEYIOFACIALICLK&RCRD\07.ELECTlONILG MUNl07.DOC 07/26/07 3 Jurisdiction is to be charged the pro-rated costs (as defined in Article IV) of any computer programs which will count the voted ballots as well as pre-election preventive maintenance and on-site technical personnel on Election night. H. Election Day Preparation. 1. Prepare a test deck for the pre-election logic and accuracy test to be conducted prior to the counting of ballots in accordance with CRS. ~ 1-7-509(2) and the Rules. 2. Provide necessary el""::',,.':c vote tabulating equipment (computer), personnel properly trained in electronic tabulating equipment, facility and equipment and to arrange for computer running time as necessary for the pre-election logic and accuracy test and for Election day. I. Voted Ballot Deposit 1. Provide a ballot box and seal within the Jurisdiction's primary business location for the use by all county voters. 2. Provide daily business-day pick-up of the sealed ballot box containing voted ballots from all assigned locations, and provide a replacement empty ballot box and seal. J. Election Day Activities. 1. . Provide Election day telephone and in person support from 6:00 .a.m. to-the-conclusionoithecount on Election night. ________ __ _ __ _____ _ __ ... __ __ ____ u_ _____ 2. Inspect voted ballots, count the ballots and furnish the Jurisdiction with unofficial results of the Election. K. Counting the Ballots. 1. Conduct and oversee the process of counting the ballots and reporting the results by Jurisdiction. 2. Establish backup procedures and backup sites for the counting of the Election should the Counting equipment fail during the count. Should the equipment fail, and it is determined that the counting procedures will not be recovered within a reasonable period of time, the ~=~:ng procedures will be moved to a predetermined and pretested site for the duration of the Election counting procedures. 3. Provide personnel to participate in the ballot counting procedures as acCF'r1;.bed by any electronic vote tabulating equipment used in the Election. The M:\ATTORNEYIOFFlCIALICLK&RCRD\07-ELECTlON\LG MUNl07.0OC rJ1126107 4 Jurisdiction personnel shall participate with personnel from the County Clerk's Office to ensure Jurisdiction participation in each of the electronic vote tabulating procedures that shall be used. L. Certification of Results. 1. Appoint, instruct and otherwise oversee the board of canvassers. 2. Certify the results of the Jurisdiction's Election within the time required by law and forthwith provide the Jurisdiction with a copy of all Election statements and certificates which are to be created under the Code. with the law. 3. In the event a recount is necessary, conduct a recount in accordance 4. Conduct the post-election audit of voting equipment and vote- counting equipment, in accordance with C.R.S. S 1-7-509 and the Rules. M. Storage and Records. 1. Store all election records as required by law. Store all voted and unvoted ballots for that time required by the Code, store voter affidavits of electors who cast ballots in the Election for a minimum of twenty-five (25) months in such a manner that they may be accessed by the Jurisdiction, if necessary, to resolve any challenge or other legal questions that might arise regarding the Election. 2. Capture the vote history for the County Election Department's vote history file b}1-County .precinct..m... __ ._. ...m._ ._ ___ .___ _m __ . ____.___ ______.___ _ .m___ u ..__~ Nothing contained in this Agreement is intended to expand the duties of the County Clerk beyond those duties set forth in the Code or the Rules. ARTICLEID JJU uJj,S OF JURISDICTION' 3.01 for the Election: Jurisdiction Duties. The Jurisdiction shall perform the following duties A. Authority. Provide the County Clerk with a copy of the ordinance or resolution stating that the Jurisdiction has adopted the Code and that the Jurisdiction will participate in the coordinated Election in accordance with the terms and conditions of this Agreement. The ordinance or resolution shall further authorize the presiding officer of the Jurisdiction or other designated person to execute this Agreement. B. Call and Notice. Publish all notices relative to the Election as required by the Code, the Rules, the Jurisdiction's Charter and any other statute, rule or regulation. M:\ATTORNEYIOFACIALICLK&RCRD'D7.ELECTION\LG MUNL07.DOC 07/26107 5 C. Voting Jurisdiction. Furnish the County Clerk with maps or other legal descriptions of each precinct, ward and/or voting jurisdiction no later than August 28, 2007. D. Petitions, Preparation 'and Verification. P".lvuu all responsibilities required to certify any candidate and/or initiative petition(s) to the ballot. E. Ballot Preparation. 1. Submit a copy of the list of Candidates, Ballot Issues and/or Ballot Questions and the titles and summaries of each Ballot Issue or Ballot Question to the County Clerk in computer email, CD or diskette format exactly as the list is to be printed on the ballot pages no later than September 7,2007 at 3:00 p.m. 2. Proof the layout and text of the official ballot before authorizing the printing of the ballot by signature '"t-t-.u ,al to the County Clerk. F. Election Day Preparation. The Jurisdiction shall be responsible for providing a minimum of one (I) person to represent the Jurisdiction at the pre-election logic and accuracy test conducted pursuant to C.R.S. ~1-7-509(2) and Rule 11.5; and a minimum of one (1) person to ."y.".ant the Jurisdiction on the Canvass Board, which shall be established as provided in C.R.S. ~~1-10-202 through 1-10-205. The name of the representative shall be submitted to the Contact Officer on or before October 22, 2007, the 15th day prior to the election." G. Voted Ballot Deposit. n .n._.___..mu _u ..-. -.--1-.- n' ...Provideaprominent-Iocation, for.a.sea1edballot box in which-aIL. county voters may deposit their voted ballot. [The ballot box must be available to voters from 7:00 a.m. to 7:00 p.m. on Election Day.] 2. Provide constant supervision during business hours for the ballot box and assure that the ballot box is at no time left unattended. 3. all non-business hours. Provide a secure, locked storage location for the ballot box during 4. The Jurisdiction is responsible for the secure delivery of the remaining sealed ballot box to the County Clerk immediately after the polls close on Election Day. H. Counting the Ballots. Participate in each of the electronic vote tabulating procedures that shall be used. 3.02 Cancellation of Election bv the Jurisdicti?l\. In the event that the Jurisdiction resolves not to hold the Election, then notice of such resolution shall be provided to M:\ATTORNEYIOFFlCIALICLK&RCRD\07.ELECTIONILG MUNL07.DOC 07/26107 6 the County Clerk immediately. The Jurisdiction shall within thirty (30) days J!."~J!J.ypay the County Clerk the full actual costs of the activities of the County Clerk relating to the Election incurred both before and after the County Clerk's receipt of such notice. The Jurisdiction shall provide notice by publication (as defined in the Code) of the cancellation of the Election and a copy of the notice shall be posted in the Office of the County Clerk, in the office of the Designated Election Official (as defined in the Code), at the primary building of the Jurisdiction, and, if the Jurisdiction is a special. district, in the office of the division of local government. The Jurisdiction shall not cancel the Election after the 25th day prior to the Election. ARTICLE IV COSTS 4.01 Election Costs. The Jurisdiction shall pay the pro-rated costs (defined below) for all services, equipment, forms and supplies provided by the County Clerk pursuant to this Agreement. In addition, the Jurisdiction shall pay the pro-rated costs for all County employee overtime and temporary employee regular and overtime solely related to the preparation and conduct of the Election at each employee's rate or One Thousand Dollars ($1,000), whichever is greater. The Jurisdiction's pro-rated costs shall be determined in accordance with the formula set forth in Exhibit A attached hereto and incorporated herein by this reference. 4.02 Invoice. The County shall submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total payment upon receipt of such invoice. Any amount not paid within sixty (60) days after the date of the invoice will be subject to late interest at the lesser of the rate of 1\4% per month or the highest rate permitted by applicable law. ..~. ___.un ___''''__U__ _.., __... u.__._ .__ . .. "._._._.. .. _ .n _ _m _.~._ n _ _ _. n. .__.___~_._" ___u ARTICLE V MISCELLANEOUS 5.01 Notices. Any and all notices required to be given to the Parties by this Agreement are deemed to have been received and to be effective: (1) three (3) days after the same shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a fax was received; to the address of the Parties as set forth below or to such Party or addresses as may be designated hereafter in writing. To County Clerk: Pamela Y. Anderson Jefferson County Clerk and Recorder Jefferson County Government Center 100 Jefferson County Parkway Golden, Colorado 80419 M:\ATTORNEYIOFFlCIALICLK&RCRD\07.elECTIONILG MUNL07.DOC 07/26/07 7 . with a copy to: Jefferson County Attorney Jefferson County Government Center 100 Jefferson County Parkway Golden, Colorado 80419 To Jurisdiction: City of Wheat Ridge City Clerk's Office 7~OO woo.... ?Ot'h A"lT13nll00 Wheat Rid~e CO 80033 5.02 Amendment. This Agreement may be amended only in writing and following the same formality as the execution of this Agreement. 5.03 Intel!l'ation. The Parties acknowledge that this Agreement constitutes the sole agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party. 5.04 ,Indemnification. To the extent permitted by law, each party agrees to indemnify, defend and hold harmless the other party, its agents, officers and employees from any and a11losses, costs (including attomey'sfees and court costs), demond. or actions arising out of or related to any actions, errors or omissions relating to the duties and responsibilities of the indemnifying party in the conduct of the Election. - m_ on___ 5.05_ _ Conflict of Agreement. witILLaw. Imnairment. .In_the event thatany _ ___ provision in this Agreement conflicts with the Code, other statute or valid prior resolution or ordinance duly adopted by the Jurisdiction, this Agreement shall be modified to conform to such law or resolution. No subsequent resolution or ordinance of the Jurisdiction shall impair the rights of the County Clerk or the Jurisdiction hereunder without the consent of the other party to this Agreement. 5.06 Time of Essence. Time is of the essence of this Agreement. The time requirements of the Code and the Rnles shall apply to completion of the tasks required by this AO'....'"-Uent. . IN WITNESS WHEREOF, the Parties hereto have signed this Agreement. M:\ATTORNEYIOFACIAlICLK&RCRD\D7:ELECnON\LG MUNI_07.DOC 07/26107 8 ATTEST: CLERK. AND RECORDER FOR THE COUNTY OF Jbt't' bKSON STATE OF COLORADO Bv Pamela Y. Anderson Date JURISDICTION: ATTEST: Bv Christa Jones, Deputy City Clerk Nametritle Mi~J,ael Sn",.L r,H" t;;lerk Date_A"~T1et' 1 ~ ?007 APPROVED AS TO FORM: Jean 1. Ayars Assistant County Attorney u ..__.__ '_.~._"n...._. _._m.___.. .__ ___"_____.n. _. __'__m._. __ ._. __._____.,_.. _ _.. .__ M:lATTORNEYlOFFICIALICLK&RCRD\07-ElECTION\LG MUNI_07 DOC 07/26107 9 HOW TO FIGURE OUT THE ELECTION COST FOR AN ENTITY 1) Each ballot style is comprised of different combinations of entities on the ballot. For example ballot style 1 might be the County and State only, ballot style 2 might be County, State, and the Jurisdiction. 2) The total number of voters in each ballot style is determined. These numbers can be ascertained by running a computer program once the ballot style information is entered into the system. Then the total number of voters for each entity in a ballot style is determined by taking the total number of voters in each ballot style and dividing it by the number of entities in the ballot style. If, using the explanation in number I, ballot style 2 had 100 voters, then each entity would have 33 voters because three entities share the ballot style. 3) The total number of voters a certain entity is responsible for in a ballot style is divided by the total number of registered voters. The decimal point must be moved over two places to the right. This will determine the percentage that the entity is responsible for in that ballot style. 4) After all ballot styles are completed, a running tally of the percentage numbers is done for each entity to get the grand total of percentage. For ,""Aw.u.ple, if the Jurisdiction's percentage numbers in the ballot styles were .6%, .25%, and 3.5% the grand total of responsibility would be 4.125%. 5) That percentage grand total is used to find out how much the entity owes for the election. If the Jurisdiction's percentage is 4.125% and the total cost of the election is $200,000, then the Jurisdiction would owe $8250.00. The decimal point must be moved back two . . ..-piaees to the iel:lto make it whoie doniiiS-.aildnot perceii:C--- -- -------- ----- - - .... There is a $1000 minimum so no entity would be charged less than that. All numbers used in the above explanation are for example and discussion purposes only and are not to be assumed the amount owed or the estimated amount owed in an election. Exhibit A Page 1 of2 M:IATTORNEYIOFFICIALIClK&RCRD\07-ELECTION'l.G MUNl07.DOC 07/26/07 10 STYLE NUMBER NUMBER OF VOTERS TOTAL (YEAR) (ELECTION TITLE) lJ!,IUU i"S) DIVIDE BY THE NUMBER OF ENTITIES TOTAL VOTll:RS PER EIuH i' DIVIDE BY PER~J!,l'" .I. AGE TOTAL PERJ!,l......u.i' NUMBER OF BALLOTS ISSUED IN JEFFCO (000.000) TOTAL PER~.I!.!uAGE FOR(E!-Ilu i) M:\ATTORNEYIOFFlCIAL\ClK&RCRD\07-ELECTION\LG MUNI_07.DOC 07/26/07 Exhibit A Pa2e 2 of2 11 ITEM NO: ~I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 13, 2007 TITLE: RESOLUTION 31-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $111,329 FOR ItlE REIMBURSEMENT TO R-l SCHOOL DISTRICT FOR THE STEVENS ELEMENTARY PLAYGROUND GRANT D PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D IZI /I "ves . No ~ fJ/JJh.. U/~J rk an Recreatton Director IJ City~'" rl EXECUTIVE SUMMARY:. The Parks and Recreation Department has received a grant in the amount of $86,329.00 from the GREAT OUTDOORS COLORADO for the purpose ofreplacing the Stevens Elementary School playground. As part of the grant contract requirements and the approved IGA, the City reimburses the school district for the grant expenditures. A supplemental budget appropriation is required to reimburse the school district for the amount of the grant received ($86,329) and the city cash match of $25,000. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The City Council approved an lGA with the school district on the March 27, 2006 City Council Agenda, to administer the grant. The supplemental appropriation reflects the expenditure required to appropriate the grant and appropriate the $25,000 matching funds for payment to the school district. These aw'vp,;ations also occurred in 2006, but were not expended due to a delay in receiving the back up documentation required to submit the grant reimbursement forms. The revenue received for the grant ($86,329) plus the city matching amount ($25,000) totals the appropriation of$111,329. ALTERNATIVES CONSIDERED: To not approve the supplemental appropriation for the grant expenditure and therefore not reimburse the school district for the purchase of the playground equipment. This action would be in violation of the previously approved Intergovernmental Agreement for the project. FINANCIAL IMPACT: The financial impact to the City is $25,000 in matching funds and $500 of in-kind administration costs. RECOMMENDED MOTION: "1 move to Approve Resolution 31-2007 - A Resolution Amending the Fiscal Year 2007 Conservation Trust Fund Budget to Reflect the Approval of a Supplemental Budget Al'l.uvl',;ation in the Amount of $111,329 for the Reimbursement to R-l School District for the Stevens Elementary Playground Grant." or, "1 move to deny approval of Resolution 31-2007 - A Resolution Amending the Fiscal Year 2007 Conservation Trust Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$III,329 for the Reimbursement to R-I School District for the Stevens Elementary Playground Grant, for the following reason(s) " Report Prepared by: Reviewed by: Joyce Manwaring, Director Randy Young, City Manager Attachments: 1. Resolution 31-2007 cc: Request for City Council Action-report form RESOLUTION NO. 31 Series of 2007 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2007 CONSERVATION TRUST FUND TO APPROPRIATE FUNDS IN THE AMOUNT OF $111,329 FOR REIMBURSEMENT TO R-1 SCHOOL DISTRICT FOR THE STEVENS ELEMENTARY SCHOOL PLAYGROUND GRANT WHEREAS, the City of Wheat Ridge supports a strong partnership between city and community; and WHEREAS, the Wheat Ridge Park and Recreation Master Plan Goals call for provision of a wide range of recreation, leisure, athletic, and cultural opportunities for all residents of Wheat Ridge; WHEREAS, there is a demand for playground areas within the City; and WHEREAS, Jefferson County R-1 School District and Stevens Elementary School completed reconstruction of the playground at Stevens Elementary School site; and WHEREAS, the City of Wheat Ridge is the recipient of funds from the Great Outdoors Colorado grant for this purpose; and WHEREAS, the City shall administer the GOCO grant in accordance with provisions of GOCO grant agreement contract number 06048; 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 the Conservation Trust Fund balance in the total amount of $111,329 to account #54-601-800-862 for the purpose of reimbursing the R-1 School District for the Great Outdoors Colorado Grant for the Stevens Elementary School Playground. Revenues will be reimbursed to the Conservation Trust Fund revenue account #54-580-00-581. This resolution shall be effective immediately upon adoption. ATTACHMENT 1 DONE AND RESOLVED TillS DAY AUGUST 13,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ~' WHE"r <'/ ~ d - 0 o ~ "OLORr>.QO ITEM NO: I, C I REQUEST FOR CITY COUNCIL ACTION ~'~'},., -.""",.,, '.'~~ 'ij' '~/'" <C"'.. ':. . 'jl!; I' ;1:;:'" ,. ,> t'"!,~:,,,,~,~,~ COUNCIL MEETING DATE: . August 13, 2007 TITLE: RESOLUTION 32-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $2,500 FOR THE ACCEPTANCE OF A TREE GRANT FROM THE COLORADO PARKS AND RECREATION FOUNDATION o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D ~ Yes. No <;/:Mry;:::::~n:::'7/ o,,~ EXECUTIVE SUMMARY:, The Parks and Recreation Department has received a grant in the amount of$2,500 from the Colorado Parks and Recreation Foundation for the purpose of purchasing and planting trees at the Richards Hart Estate. The Colorado Parks and Recreation Association offices are housed at the Richards Hart Estate and the funds have been granted with the stipulation that trees be purchased for planting on the grounds ofthe estate. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The tree planting funds would be used to plant additional trees at the Richards-Hart Estate to enable the City of Wheat Ridge to compliment the existing Demonstration Gardens and to expand the Richards-Hart Estate arboretum. The tree funds would purchase and plant approximately six (6) trees, all coming with a year warranty from the date of planting. 1. Acer Negundo "Sensation" Box Elder (2") 2. Sophora Japonica Millstone, Japanese Pagoda Tree (2") 3. Morns Alba "Chaparral" Weeping Mulberry (2") 4. Sequoiadendron Giganteum "Giaucum" Redwood Giant-Blue (4-5') 5. Taxodium Distichum, Bald Cypress (4-5') 6. Corylus Colurna Turkish, Filbert (2") ALTERNATIVES CONSIDERED: To not approve the supplemental appropriation and funds for the grant expenditure. FINANCIAL IMPACT: The financial impact to the City are the in-kind staff costs to coordinate the purchase and planting of the trees. RECOMMENDED MOTION: "1 Move to Approved Resolution 32-2007 - A Resolution Amending the Fiscal Year 2007 General Fund Budget to Reflect the Approval of a Supplemental Budget Awwp,;ation in the Amount of $2,500 for the Acceptance of a Tree Grant From the Colorado Parks and Recreation Foundation." or, "1 Move to Deny Approval of Resolution 32-2007 - A Resolution Amending the Fiscal Year 2007 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of $2,500 for the Acceptance of a Tree Grant from the Colorado Parks and Recreation Foundation for the followingreason(s) " Report Prepared by: Reviewed by: Joyce Manwaring, Director Randy Young, City Manager Attachments: 1. Grant Award Letter 2. Resolution 32-2007 070813 CAP BUDGET 2007 amendment for CPRA grant (2).doc . Colorado Parks and Re~reation AssociationFoundation June 26, 2007 Joyce Manwaring City of Wheat Ridge 4005 Kipling WheatRidge, CO 80033 Dear Joyce,. On behalf of the CPRAFoundation, I would like to take thisoppoqunity to award the City of Wheat R,idgeparks J)ivision with a check for $2500 as part of oW" Tree Grant Program. We are excited about the expansi()n of the arboretwnand Tree Walk you have planne,d! . . These funds are awarded to you to plant additional trees ;ltthe Richards-Hart Estate site but more importantly, are our way.ofsaying Th;lbk Y outo the City of Wheat Ridge for your continued support of the Colorado Parks and Recreation Association. We truly appreciate coming to this beautiful site to work every day! . . . Once again, thank you for your contirlued slJpport of CPRA lmd for II1aking Colorado a more beautiful place to live, work and play! Happy Planting! ephanie Stephens CPItAl3xecutive Director . CPR.AFoundation Admini~tra1:br' CPllA Foundatio" M'w;qn: . To support the activities dnd programs of the Colorado Parks andRecreationAssociation (CPRA), whichpromotes parks, recreation andleisurefor allpublics l*State~lorado, A I TACHM.N I 1 RESOLUTION NO. 32 Series of 2007 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2007 BUDGET TO APPROPRIATE FUNDS IN THE AMOUNT OF $2,500 FOR ACCEPTANCE OF THE COLORADO PARKS AND RECREATION FOUNDATION GRANT FOR THE PURPOSE OF PLANTING TREES AT THE RICHARDS HART ESTATE WHEREAS, the City of Wheat Ridge supports a strong partnership between city and community; and WHEREAS, the City of Wheat Ridge recognizes the importance of quality of life through the provision and care of the urban canopy; and WHEREAS, staff recommends accepting this grant to facilitate tree planting at the Estate; 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 $2,500. The amount of $2,500 to account #01-603-650-660 for the purpose of expending the Colorado Parks and Recreation Foundation grant. Grant revenues will be reimbursed to the general fund revenues. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED TillS DAY AUGUST 13,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 2 ITEM NO: 1.,1} I REQUEST FOR CITY COUNCIL ACTION ....~..=. .,~.'~~ 1>1 H. @ ~!1 !'.I:!. ~L, COUNCIL MEETING DATE: . August 13, 2007 TITLE: A WARD OF RFB-07-28R - COMMERCIAL TREADMILL REPLACEMENT TO ADVANCED EXERCISE EQUIPMENT IN THE AMOUNT OF $30,100 FOR USE AT THE WHEAT RIDGE RECREATION CENTER o PUBLIC HEARING [ZJ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes [ZJ No ~,~ti;.b>k EXECUTIVE SUMMARY: The Wheat Ridge Recreation Center has seven treadmills in the fitness area which were purchased in 2000 when the center originally opened. The treadmills are one type of several different types of cardiovascular equipment that is available at the Center. The treadmills are heavily used by all ages and abilities of participants at the Recreation Center. ? V ci~~r1 On July 27, 2007, six (6) proposals were received. The apparent three (3) low bidders did not meet the minimum bid specifications and were non-responsive. The apparent fourth low bidder was Advanced Exercise Equipment of Littleton, Colorado in the total amount of$30,1 00.00 which includes a trade in allowance for the existing equipment. After review and analysis of all the bids submitted, staff recommends award to Advanced Exercise Equipment based on the durability, safety, experience with the equipment and pricing. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The current treadmills have reached their life expectancy in regards to the amount of mileage on the equipment. The frequency of the maintenance required, both in parts and manpower, has reached a point where it is no longer cost effective to maintain the equipment. Updating and replacing equipment is an important aspect of offering a high level of customer service, attracting and maintaining participation at the Center, and reaching set revenue goals. AL TERNA TIVES CONSIDERED: To not award the bid for the treadmills. FINANCIAL IMPACT: $31,500 was appropriated to purchase new treadmills from the Recreation Center Fund, account #64- 605-800-809. RECOMMENDED MOTION: "1 move to approve the award of RFB-07-28R Commercial Treadmill Replacement to Advanced Exercise Equipment, Littleton, CO in the total amount of $30,100 to be charged to the Recreation Center Fund, account 64-605-800-809". or, "1 move to deny award of RFB-07-28R Commercial Treadmill Replacement for the following reason( s) " Report Prepared by: Reviewed by: Julie Brisson, Recreation Manager Linda Trimble, Purchasing Agent Attachments: 1. Bid Tabulation Sheet cc: Request for City Council Action-report form C1TY OF WHEAT RIDGE BID TABULATION - 16tDJPROPOSAL ~ RFB-07.28R BID DUE DA'TEfT1ME - 07/27/07 by 2:00 pm "REQUES1\N.lJ DEPT jOlVlSIOW REC CENTER L - \ OPENd> BY -J-- Linda Trimble. purchasing Agen / I WtTl'lESSED BY - (& . J Ann Woosley. purchasing AssistaM r /"" rAGE~oFJ -- ~ ~ ~~t'i. . . -<;;-$. ~ 2.IM5: e~.,;-::.!.:-:" { "i es PROJECt: TREAOMILLS . rw"DO: \~ Ft{~M r~ ~W~ \~~ ~,_____"""",."!!m.,.'9'~~~;~!!I~""~,[~;;.,,d>!f~;... \ ~&.; 'itf, ~e.5 '1&5 '/6 - - -- -'- - \-10 '1i-S 'ItS %~r~' 'leS . N'o~se. 131;"" 3i)9J -,>,%'0' 31,1\00 'lA,:f.<?O \ z>3/hhS - .' - -- '/00 I,~l\'j' NG 1'00, I,-W; t-iG - ~ - -- g,400 ,!>,boD 1 No~M foD 4,100 10D - - - - 1lJD NC flG fiG 46b '?O, I()O ~t 1 ')lp ,q S 0 .1. '} \, <\GO ~of, 1'1 D NO \ ,/.to NO 'jeS 'itS - - - N6 '2--;"(-, q hS NO - - - - J \ L .L,- J:\RFa-07-28R Bid Tab ShOe\.dOC ---- ------- -~_.--,-- -'-"'---" - -------. -"" -----._-~ ITEM NO: 11 E, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 13,2007 TITLE: APPROVAL OF AN AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE UNITED ADVERTISING CORPORATION FOR INSTALLATION OF BUS STOP SHELTERS D PUBLIC HEARING 1ZI BIDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D 1ZI Yes No - /L-:J/.~:~ Director ofJXlblic orks Cit~~'1 EXECUTIVESUNUtlARY: The prior bus stop shelter agreement with Outdoor Promotions, Inc. terminated on February 28, 2006. Following a Request for Proposals due on November 21,2006, Staff negotiated an agreement with United Advertising Corporation to install new shelters at the earlier locations throughout the City. The proposed agreement provides that the Contractor install thirty (30) shelters with advertising panels and two (2) additional shelters without advertising. The Contractor shall pay the City a minimum of $185,000 over the ten-year life of the Agreement. CONUtlISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The City has historically contracted with advertising companies for installation and maintenance of shelters at bus stops. The arrangements provided a needed amenity throughout the City through a private/public partnership that provided an advertising media to the contractor and income to the City. At the termination of the last contract for bus stop shelters in 2006, a Request for Proposals was advertised and two proposals were received. After several months, an agreement with the more experienced contractor was not forthcoming. Staff then negotiated a contract with United Advertising Corporation, which also met all requirements for this work. United Advertising has recently been awarded a contract with Jefferson County for installation of approximately 30 shelters and is in negotiation with Lakewood for 200-300 shelters. ALTERNATIVES CONSIDERED: Not approve the Agreement and no bus stop shelters will be installed. FINANCIAL IMPACT: The proposed Agreement provides for two lump sum payments to the City, one this year for $80,000 and another in 2012 for $105,000. Additional yearly payments made be provided by the Contractor if minimum amounts of advertising sales are exceeded. RECOMMENDED MOTION: "I move to approve the Agreement between the City and United Advertising Corporation for Installation and Maintenance of Bus Stop Shelters." or, "I move to deny approval of the Agreement between the City and United Advertising Corporation for Installation and Maintenance of Bus Stop Shelters for the following reason(s) " Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: Randy Young, City Manager Attachments: 1. United Advertising Agreement 2. Sketch of Proposed Shelter 3. Bid Tabulation Sheet CITY OF WHEAT RIDGE RFP-06-54 BUS STOP SHELTER CONSTRUCTION AND MAINTENANCE AGREEMENT THIS AGREEMENT made this day of , 2007, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City" or "Owner" and UNITED ADVERTISING CORPORATION, 498 West Iliff Avenue, Denver, Colorado, 80223, hereinafter referred to as the "Contractor". WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 - SERVICES The Contractor shall serve as the City's contractor and provide as a minimum all of the services necessary to comply with RFP-06-54 BUS STOP SHELTERS. The Contractor's proposal for the RFP-06-54 BUS STOP SHELTERS project shall be made a part of this agreement. ARTICLE 2 - TERM The term is for ten (10) consecutive years, pending performance or other issues that would be cause for early termination. Upon termination of this Agreement, the Contractor shall remove any bus stop shelters that the City has in writing requested the removal thereof within thirty (30) days and restore the affected sites to substantially the same condition as before the construction of the shelter within ninety (90) days after the date of said termination, without cost to the City. Any shelters that remain will then become the property of the City. ARTICLE 3 - RECITALS AND PURPOSE A. The City owns rights-of-ways within the City limits in which streets, curbs gutters, and sidewaiks are constructed. The City does not own the rights-of-way upon which the highways of the State of Colorado are constructed, although the City may own certain property upon which curbs, and sidewalks are constructed and which are adjacent to and front on the rights-of-way owned by the State of Colorado. B. The Contractor desires to use those City rights-of-way along street frontages within the City for installation of bus stop shelters that will have space for commercial advertisement. C. The City will grant a revocable permit to the Contractor under the terms and conditions as hereinafter specified in this Agreement. ARTICLE 4 - GRANT OF LICENSE A. For and in consideration of the mutual covenants and promises of the parties contained herein, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City hereby grants to the Contractor an exclusive iicense for installation of covered bus stop shelters at locations permitted pursuant to this Agreement. This license may be revoked by the City upon failure by the Contractor to comply with the terms and conditions hereof. B. Contractor shall obtain from the City right-of-way permits for the various bus shelter locations approved under Article 6 hereof. Permits may be obtained for the shelters individually, in groups, or for all shelters at the discretion of the Contractor. Provisions of the right-of-way permit requiring indemnification and insurance are hereby incorporated into this Agreement. A copy of the right-of-way permit is attached as Exhibit 1. C. Building permits for the shelters shall be required. Permit applications may be submitted at the same time as the right-of-way permits. ARTICLE 5 - CONSTRUCTION OF BUS STOP SHELTERS The Contractor shall design, provide plans and specifications for, and erect shelters at certain bus stop locations in the City, at locations selected in the manner set forth at Paragraph 4. The parties contemplate and intend that at ieast 30 bus stop shelters shall be erected. The Contractor will initially erect thirty (30) shelters and will only erect additional shelters with the City's approval. The Contractor will make every effort to erect twenty (20) shelters ATTACHMENT 1 before Devember 31, 2007. In the event a minimum of 30 shelters have not been erected on or before April 30, 2008, this Agreement shall automatically terminate, and, notwithstanding Paragraph 9, the Contractor shall remove all shelters within 30 days. A rendering of the standard shelter to be employed within the City is attached hereto as Exhibit 2 and fully Incorporated herein by reference. ARTICLE 6 - LOCATION AND APPROVAL The Contractor shall erect at least thirty (30) bus stop shelters at approved locations as set forth in the Wheat Ridge Code of Laws S 21-151. The procedure for obtaining City approval for the location of a shelter shall be as follows: A. The Contractor shall make application for the placement of a shelter at stated location, pursuant to Wheat Ridge Code of Laws S 21-151. Application shall be made using a building permit application supplied by the City. No application shall be approved for a location at which an RTD shelter has been placed. B. The application shall describe whether the shelter is to be lighted, and shall briefly describe the style of the shelter and which side panels of the shelter will be devoted to advertising. C. The City, acting through its Director of Community Development, shall review the application and act to grant, with or without conditions, or deny. Conditions of approval may include, without limitation, that the shelter not be lighted. D. While Section 21-124(b) of the Code of Laws (made applicable to bus stop shelters by Section 21-151) permits courtesy benches in listed zone districts, the City may grant or deny a permit for the location of a bus stop shelter for any reason or for no reason. E. The City may require that the Contractor construct shelters at locations specified by the City, which shelters may not contain advertising, but may be lighted at the option of the City. The Contractor shall construct one (1) such shelter following the construction of each group of fifteen (15) shelters containing advertising. The parties may agree to the construction of additional shelters without advertising in excess of the amounts required hereby, by reducing the payment to the City under Paragraph 10, or otherwise. F. Prior to construction of any shelter, the Contractor shall post a notice at the proposed shelter location, advising the public of the proposed shelter construction and of its rir;!,ht to object to such construction. In the event no protest, filed in writing, with the City on or before the 15 day of such posting, construction of the shelter may proceed. G. In the event a written object to a shelter location is received by the City, the objection shall be presented to City Council at a public meeting for approval or denial. The City shall have the final determination on the locations for bus shelters. ARTICLE 7 - PERMISSION OF PROPERTY OWNER REQUIRED All bus stop shelters shall be erected on public rights-of-way along the street frontage. Notwithstanding the above, the Contractor may locate bus stop shelters on private property, provided, however, that the Contractor shall secure, at its own expense, written leases, authorizations, or grants of easement from the owners of such property, with such leases, authorizations, or grants of easement giving the Contractor the right to erect and maintain such bus stop shelter on the applicable parcel of real estate. ARTICLE 8 - MAINTENANCE The Contractor shall make bi-weekly inspections and service stops of all shelters, and shall maintain all shelters in good condition, including, but not limited to making all necessary repairs, graffiti and trash removal, repainting and replacing, at its expense, any advertising signs which have been vandalized, damaged or destroyed. The Contractor shall remove snow and ice from the shelter and adjacent sidewalks following and precipitation event. Power washing and control of grass and weeds within and in the area of the shelter shall occur on at least a monthly basis, or more frequently if conditions warrant. After receiving notice from the City of any unsanitary or unsightly condition, graffiti, state of disrepair, defect or dangerous condition existing in any shelter, the Contractor agrees to forthwith repair, replace, or remove such shelter. If the Contactor breaches this provision requiring the 2 maintenance of bus stop shelters in good repair or condition, the City shall have ail remedies as are available for breaches of contract, including the right to terminate the Agreement. The Contractor shall be responsible for arranging for electrical connections should lighting be desired at any shelter location. The contractor shall pay ail electric expenses and service costs incurred by the use of electrical lighting. ARTICLE 9 - ADVERTISEMENT The Contractor shall have the fuil and exclusive right to secure commercial advertisement to be displayed in ail bus stop shelters and to receive any monies in revenue derived there of. All advertisements secured by the Contractor shail conform to the customary and standard codes of advertising, and the Contractor agrees not to display advertising relating to or. displaying promotions of political, tobacco, pornographic, religious, controversial, or immoral advertising. Beverage alcohol advertising shail not be displayed within five hundred (500) feet of an established place of worship or an elementary or secondary school. The foregoing sentence is not severable from the remainder of this Agreement. Should this provision be chailenged by the Contractor or any third party, and should it be declared unenforceable or invalid by any court of competent jurisdiction, this Agreement may, at the City's sole option, be terminated. Ail advertising shail be limited to two (2) panels on the advertising end of each shelter, not to exceed 24 square feet per panel. ARTICLE 10 - PAYMENTS A. The Contractor shall pay the City two lump sum payments. The first payment shail be made upon erection of the 32'. and last bus shelter structure or 120 days after a contract is executed between the Contractor and the City, whichever is sooner. The first lump sum to be paid shail be based on 15% of the projected revenue that would be generated by the number of posted bus shelters over a five year period. The minimum amount to be paid to the City shail be $80,000.00 based upon 30 shelters. This payment amount shail be adjusted if more than 30 shelters are erected. B. The Contractor shail provide a yearly report thirty (30) days following each annual anniversary of the execution of this Agreement which report shall identify ail gross revenue generated by the bus sheiters during the twelve-month period foilowing each such anniversary date. If the gross revenue is greater than $106,666, the Contractor shall, within thirty days of the report, make an additional payment to the City equal to 15% of the gross revenue that is greater that $106,666. C. The second lump sum payment shall occur at the start of the sixth year of the contract to be based upon 15% of the projected revenue generated by the posted shelters over the next five year period. The minimum amount to be paid to the City shail be $105,000.00 based upon 30 shelters. This payment amount shall be adjusted if more than 30 shelters are erected. D. The Contractor shail provide a yearly report thirty (30) days following each annual anniversary of the execution of this Agreement which report shail identify ail gross revenue generated by the bus shelters during the twelve-month period foilowing each such anniversary date. If the gross revenue is greater than $140,000, the Contractor shail, within thirty days of the report, make an additional payment to the City equal to 15% of the gross revenue that is greater that $140,000. E. On a monthly basis, the Contractor shail make available to the City up to 10% of the total bus shelter advertising display inventory for City approved public service messages and/or City sponsored programs and events. The average space available to the City shail be 10% of the total bus shelter advertising display inventory. The average space made available to the City shail be calculated on an annual basis. The City shail make requests to use the space at least sixty (60) days prior to the intended posting period. F. At the City's request, the Contractor shail erect one, unique large-format outdoor advertising display for the City's use. The display shail be erected on City property or on property approved for use by the City. The said large-format outdoor advertising display shail be a ground-mount or aerial two-faced sign with the display area on each side of the display having up to 650 square feet of space, as determined and requested by the City. The structure shail be designed, fabricated, erected and maintained by the Contractor at no expense to the City. The City shall approve the final design. The Contractor will provide up to six new messages annuaily. The Contractor shail make their art director available to design any or ail messages for the City at the request of the City. ARTICLE 11- MAINTENANCE OF BOOKS 3 For the purpose of ascertaining the amount payable to the City under Paragraph 10, the Contractor shall keep at its premises accurate accounts of all gross advertising receipts, with these accounts to be entered in a book of permanent nature. The City shall have the right at all reasonable times to examine the books and records of the Contractor for the purpose of determining the gross receipts. ARTICLE 12 - COOPERATION WITH REGIONAL TRANSPORTATION DISTRICT A. The Contractor agrees that in performing all obligations, imposed upon it hereunder, inciuding by way of example and not limitation, the seiection of any proposed location for the placement of a bus stop shelter and the maintenance of any bus stop sheiter, to fully cooperate with the Regional Transportation District or successor entity providing substantially the same service. B. All bus stop shelters shall be the property of the Contractor. The City shall have the option to purchase all sheiters installed by the Contractor in the event that the Contractor or its successor, heirs, or assigns does not, for any reason, renew an agreement with the City. ARTICLE 13 - CONDITIONS PRECEDENT The following are conditions precedent to the effectiveness of this Agreement: A. On or before April 30, 2008, the Contractor shall have located a minimum of 30 sheiters within the City. B. The Contractor shall have posted a performance bond of $5,000.00 to be retained by the City during the term of this Agreement to guarantee performance of its obligations hereunder. ARTICLE 14- LIMITATIONS OF ACTIONS The Contractor agrees that it will never institute any action or suit at law in equity against the City or any of its officers or empioyees, nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, or compensation for or on account of any damages, loss, or injury either to person or property, or both, known or unknown, past, present or future, arising from the revocable permit granted hereby, with the exception of any such ciaim, demand or compensation for intentional conduct of the City resulting in a material breach of the Agreement. ARTICLE 15 - INDEPENDENT CONTRACTOR In performing the work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, person injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on monies earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the City because of the performance of any work by this contract. The Contractor warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Contractor, any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 16 - CHANGE ORDERS OR EXTENSIONS The City may, from time to time, require changes in the scope of services of the Contractor to be performed herein. Such changes, including any increase or decrease in the amount of the Contractor's compensation, must be mutually agreed upon in writing by the City and the Contractor. The Contractor shall be compensated for all authorized changes in services, pursuant to the Request for Proposal, or if no provision exists, pursuant to the terms of the Change Order. ARTICLE 17 - EQUAL EMPLOYMENT OPPORTUNITY 4 The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship., The Contractor agrees to post in conspicuous places, availabie to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 18 - CHARTER. LAWS AND ORDINANCES The Contractor at all times during the performance of this Agreement, agrees to strictly adhere to all applicable Federal, State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this Agreement. ARTICLE 19 - NOTICES All notices, with the exception of notices for maintenance as outlined in Article 8 of this Agreement, required hereunder shall be deemed delivered upon receipt of the same sent by certified mail, return receipt requested and addressed to the following: For the City: Director of Public Works, City of Wheat Ridge, 7500 W 29th Avenue. Wheat Ridge, CO 80033 Phone: 303-235-2860 Fax: 303-235-2857 For the Contractor: Mark Giordano, United Advertising Corporation, 498 West Iliff Avenue, Denver, CO 80223 Phone: 303-282-1000 Fax: 303-282-3866 ARTICLE 20 - ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this Agreement, and the Contractor is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The Contractor shall be responsible for the performance of any sub-contractor. ARTICLE 21 - SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 22 -INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Contractor. ARTICLE 23 - AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first written above. 5 ATTEST: MICHAEL SNOW, CITY CLERK (Seal) APPROVED AS TO FORM: GERALD DAHL, CITY ATTORNEY (CORPORATE SEAL) ATTEST: NAME TITLE DATE OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 (303) 234-5900 JERRY DITULLIO, MAYOR CONTRACTOR United Advertising Corporation 498 West Iliff Avenue Denver, CO 80223 SIGNATURE TITLE PRINT NAME 6 ATTACHMENT 2 PROJECT' BUS STOP SHE" fERS & ...,.rE....CE SID/PROpOSAL NO. RfP-06-S4 ~ W2BI06 bY 2:00 pm ~ COMMUNliY OEVELOPMENT OPENEDSY ~(\da Trimb~pur:liaSi(\g Age(\' wrrNsSSso SY Julie pallel, purcliaSI(\g ~ ~ -- -....... \JENOOR ~S \),\"I;\eJl. OJ..~ ~'le.(\\b';;"~ LOCATION -~"Z.. ~I'.f\'>.\~ ,- TERMS DELIVERY DEsCi<.!p1\OM ...GOODS I SERVICES SIGNATURE PAGE ~~ "Ie::> QUALIfICATIONS & ~es ~~ EXPERIE.NCE APPROAC\-\ '/eS "l eS, fE.E SC\-\EOULE ~es ~e.s ACKNOWLEDGE AODENOUM #~ "'1~ '1es ... (.,) I PA(;E...-1----0f~ ~' ~Hf.r "/ ~ 0 - Q C) _..~'=,.. J'T\ f'ih.ORAQ9 ITEM NO: 0.J1 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 13,2007 TITLE: RESOLUTION 30-2007, A RESOLUTION ADOPTING THE FRillTDALE SUBAREA PLAN, CASE NO. WPA- 06-05 IS] PUBLIC HEARING D BIDS/MOTIONS IS] RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes IS] No AJ/L ~_ Interi~~nity rfevelopment Director city~i& EXECUTIVE SUMMARY: The Plan was prepared by Community Development staff over the past 9 months. This area was selected as one ofthe first sub-area planning efforts based on recommendations from the Neighborhood Revitalization Strategy (NRS). The NRS recommended this area because 44th Ave. in the Fruitdale area (Lee St. to Tabor St.) is an underutilized corridor in need of revitalization with unique potential given the historical and agricultural heritage of the area. The 2000 Comprehensive Plan recommends primarily Single Family and Transitional Residential for 44th Ave. The Sub-area Plan envisions primarily commercial and neighborhood serving mixed-use development for the corridor. The plan recommends the redevelopment and revitalization of properties on 44th Ave. Commercial land uses are recommended on the west end of the corridor with a mixed-use neighborhood village being proposed for the intersection ofParfet St. and 44th Ave. where primarily neighborhood serving uses would be encouraged. The Plan recommends protecting the established single family character of much ofthe area. Also, given the large number of multi- family properties that already exist, the Plan recommends that the development of vacant land not fronting on 44th Ave. be single family consistent with the existing single family areas. It also encourages the improvement of the condition of many properties in the area and promotes homeownership opportunities given the high rental rate found in the sub-area. In addition, recommendations are made to address traffic flow and pedestrian safety issues such as improved pedestrian crossings on 44th Ave. between Prospect Park and the Historical Park. The Plan also encourages enhancing the area's parks to make them more of a community asset. Adoption of the Sub-area Plan would supercede the Comprehensive Plan for the area. The preparation of the plan fulfills one of Council's strategic goals to prepare plans for sub-areas in the City in order to prepare for growth and opportunities. COMMISSION/BOARD RECOMMENDATION: The Planning Commission conducted a public hearing on July 19, 2007 and recommended adoption ofthe Fruitdale Sub-area Plan. STATEMENT OF THE ISSUES: 44th Ave. in the Fruitdale Sub-area has the potential to become a unique corridor in the City. It is basically an underdeveloped commercial corridor where there are currently several vacant buildings and parcels of land for sale or lease. The area is tucked into a protected comer of the City along the Clear Creek Open Space and has retained elements of the City's historical and agricultural heritage. The Sub-area is home of Prospect Park, largest of the City Parks, and the Wheat Ridge Historical Park. 44th Ave. consists of a mix of land uses including apartments, single family homes, offices, auto repair shops, and other more intense commercial uses. The sub-area plan is an opportunity to be proactive in identifYing a more compatible and cohesive mix of land uses for 44th Ave. for the future as properties develop or redevelop. Many buildings and properties along the 44th Ave. corridor and in the surrounding neighborhoods are decades old and are showing signs oflack of maintenance and investment. While there are established single family areas, there are a large number of multi-family rental units as indicated by the 63% rental rate (compared to the City's rental rate at 47%) ofthe Sub-area. The 2000 Comprehensive Plan recommends primarily Single Family Development or Transitional Residential along 44th Ave. 44th Ave. has seen increased traffic over the past several years and is now a Minor Arterial carrying approximately 14,000 cars a day. Single family land uses may no longer be the best use of land along 44th Ave. Residents and property owners attending the public meetings strongly expressed their desire to not have additional medium density residential development given the number of existing multi-family properties. In addition, they expressed their desire to see the agricultural and historical character of the area respected. I:\Comdev\Orchard Subarea\CCActionform.doc ALTERNATIVES CONSIDERED: Alternative land use scenarios were considered during public meetings. FINANCIAL IMPACT: There is no financial impact to the City as a result of adopting the Plan. RECOMMENDED MOTIONS: "1 move to adopt Resolution 30-2007, a resolution adopting the Fruitdale Sub-area Plan as presented." Or, "1 move to adopt Resolution 30-2007, a resolution adopting the Fruitdale Sub-area Plan, with the following amendment(s): 1. Report Prepared by: Sally Payne Attachments: 1. Fruitdale Sub-area Plan 2. Planning Commission Memo 3. Plarming Commission Resolution 4. Resolution No. 30-2007 1:IComdevlOrchard SubarealCCActionfonn.doc r~~~" i i i _ ~,_X"/AO.'" ,. .-......T/I/I/""'IAr/#/#/#/I/I4ll'/.IVAIr_ llYN/HAl '....AIr/.../..../...../,Q/""'.-. , l j i j i ~ ~ i i l . l l i ~ j l i ~ I ~ :t:KUl'lV2tlT S1l1l-J?l1tTJ?l P .l.7t:N l j I i i i i i I , , ., ~ ~ I i I ~ I l , ~ ~ . j .. j ;~ ., ~ , ! ! ! ! I- ! ! , I a I. , , ;iI ~ i . l ~ ~ ~ ~ :4 I " 1 ~ ~ r;; , j I ~ j ! ! ~ ~ ! I J I I ~ ~ ! I i , City ofWlieat 'Riage Community 'Deve[oyment 'Deyartment Ju[y 2007 ~ ! ! ~ j j , ATTACHMENT 1 8/Ar/A"AiU4"""...../""'/..../'/,r'.....-- . _'_'.._',.Y'/N/_/4I''I"/D/D~..!W.4U.4:'.~Q.''/I/,w/_AVA1199/KJT/.w'4'/All'YAI'/H'/g/,/__ l I , _____,"'/.A'h 'FruitdO.Ce SuE-area PCan TABLE OF CONTENTS 1 Plan Summarv ...... ...... '" ............ ............... ...... ............... .....3 2 Introduction.........................................................................4 Purpose of plan Planning proces$ Relationship to other city plans 3 Sub-area Profile........................ ......... ...........' ,.....................6 Location Map History Demographics Existing Conditions Zoning Transportation Community Facilities and Service!) 4 Future Sub-area Character...............,...................................18 Future Land Use Concept Visual Preference Survey 44th Ave. Roadway Improvements 5 Goals and Policies...... .............. ............ ......... ...... ...............21 Land Use T ransport"ltion Parks andHRecreation 6 Imolementatiorli., ... ... ... ... ....., ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...24 7 Aooendix...... ......... ...... ... ... ... ...... ...... ... ... ... ...... ...... ...... ... ..25 TABLE OF FIGURES Fruitdale$ub-area Location Map... ... ...... .................. ............ ...........7 Historic Building>photos... ...... ... ... ... ..................... ... .................. .....8 Existing Land Use Photos............ ...... ......................... ......... .....11-12 Existing Land Use Map... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....13 Existing Zoning Map.............................. ......... ...... ... ... ...... ...... .....14 Parks Facility Photos... ............................................................... .17 Future Land Use Concept Map......... ................ ...... ......... ...... .........19 1 'Fruittfafe SuE-area PCan ACKNOWLEDGEMENTS WHEAT RIDGE CITY COUNCIL Mayor District I Karen Berry District II Dean Gokey District III Karen Adams District IV Lena Rotola Jerry DiTullio Terry Womble Wands Sang Mike Stites Larry Schl.dz WHEAT RIDGE PLANNING COMMISSION District I Anne Brinkman Davis Reinhart District II Cassandra Spaniel J.amesChilvers District III Richard Matthews Jerry Scezney District IV John McMillin KinlStewart CITY OF WHEAT RIDGE STAFF Randy Young, City Manager COMMUNITY DEVELOPMENT DEPARTMENT AIC\Jl White, Director SC\lIy Payne, Senior Planner Meredith Reckert, Senior Planner Travis Crane, Planner II Adam Tietz, Planner I The City of Wheat Ridge would like to thank property owners and residents who participated in planning meetings for development of the Fruitdale Sub-area Plan. 2 'FruitdaCe Suv-area Ptan PLAN SUMMARY This Plan sets forth a vision for the future of the Fruitdale Sub-area. It represents the work of citizens, City staff and elected officials. The Goals and Policies, and the Future Land Use Concept provide guidance for decisions about future develop and redevelop of the area. The Plan attempts to focus on the unique aspects of the Fruitdale Sub-area and makes recommendations to maintain and improve the unique characteristics of the area. 44th Ave. in the Fruitdale Sub-area has the potential to becorne a unique corridor in the City of Wheat Ridge. It is essentially an underdevel6pedcommercial corridor with reasonably priced real estate. There are currently several vacant buildings and parcels of land for sale or lease. The .C!rea is tucked into a protected corner of the City nestled along the Clear Creek Open Space and has retained elements of the City's historical, rural C!ndagriculturalheritage. The Plan recommends embracing this agriculturC!lheritage by encouraging a gardening theme to businesses along the. corridor. Unfortunately, along the corridor and in surrounding neighborhoods, many properties are showing signs of lack of maintenanc~C!nd investment. While there are established single family areas,. therE? are a large number of multi-family rental units as indicated by the 63% rE3ntaltate in the area,ln addition, traffic has increased on 44th Ave. creating traffic flow andpE3c::testrian safety problems. The Sub-area is the home of Prospect Park,thelargestpfthe City Parks, and also the unique Historical Park'~9th of the faCilities are great assets to the area but are under utilized .for. City events and programs. .. . ". The primary conceptsir\thePI1inC!rE3: · Encotll'a~e~nd supp~rt the revitalization and redevelopment of properties C!long 44 Ave: Encourage larger commercial, possibly gardening oriented, usesgnJhe we~tend of the corridor with a mixed-use neig~borhood village at the intersection of 44th Ave. and Parfet St. proV!c::ti[1g more nElighborhood serving uses. . Work with property owners to improve and maintain the condition of properties. in the area through commercial and residential rehabilitation programs. A!i'!o promote home ownership programs in the area. . Maintain and'protect the established single family character, as well as, agricultural character, of portions of the area. When currently vacant properties off ot 44th Ave. do develop, encourage single family development consistent with the existing single family neighborhoods. Given the large number of existing multi-family units, do not encourage more medium density residential development. . Address traffic flow and pedestrian safety issues by investigating traffic improvements and the addition of safer pedestrian crossings on 44th Ave. . Work to promote Prospect Park and the Historical Park as community' assets. 3 'FruitdaIe Sub-area PCan INTRODUCTION Puroose The purpose of the Fruitdale Sub-area Plan is to provide guidance and recommendations for future decision making in the Fruitdale area. Sub-area plans look at specific geographic areas of the City and focus on the unique characteristics of that particular area. The goal of the Plan is to preserve the positive aspects of the sub-area and ensure that future changes are beneficial both to the sub-area and the City as a whole. Sub-area plans are an opportunity to be proactive rather than reactive in identifying issues and in creating a direction for future development and redevelopment. The plans also provide an opportunity to identify needed public improvements, and can offer guidance for future expenditures as well as needed public services and, programs for the area. The Fruitdale Sub-area Plan is an advisory policy document for LIse by City staff, elected officials and those interested in future development in the FrLlitdale Sub- area. It is recommended the Fruitdale Sub,C\rea Plan be reviewed and>updated, if needed, in five years. Sub-area plans are meant to be.flexible documents and to be revised to address changing circumstances in the sub-area. Plannina Process To elicit public participation in the planning process, several methods of community outreach were utilized. Steps taken to obtain input from residents and property owners of the sub-area, andprovideil1formation about the planning process, included a surveY,l)1onthly newsletters, and monthly meetings. In addition, informatiQn f1bout the Plan was available on the City's website, Channel 8, the City of WheatRiqge Connections, allq the Transcript. Survey: In the faWof 2006, fI sLlrvey was mailed to residents and property owners in the sub-area. The purpose of the sLlrvey was to find out what people see has being the strengths, weakness(ils and areas in need of change. Information from the survey helpEld to define the goals contained in the Plan. The response rate for the survey wa~ 10%. The survey results showed the strengths of the area being the central location, the parks and openspace, and the large lots and rural feel of the area. Weaknesses included neglected properties, traffic and speeding issues, and the large number of multi-family and rental properties. Desired changes identified through the survey included cleaning up properties, traffic improvements, and the desire for more diversity in commercial and business land uses. Newsletters: Monthly newsletters were sent to residents to notify them of upcoming meeting dates and to keep them informed of the planning process. The newsletters also 4 TruitdafE SUb-area Plan served an educational purpose in providing information about projects and programs related to the Fruitdale sub-area. Meetings: Monthly meetings were held starting in January 2007. At these meetings, key issues and community assets were identified, existing conditions were mapped, and a Visual Preference Survey was done to obtain input from residents on building design and streetscape design preferences. Also, a land use mapping exercise was done to identify the types and locations of potential future land uses in the sub-area. Relationshio to Other Citv Plans City of Wheat Ridge Comprehensive Plan: The City of Wheat Ridge Comprehensive Plan ""as adopted in)cmuary 2000. The Comprehensive Plan is a broad policy dqcument providing di~eGtion for the entire City. The Fruitdale Sub-area Plan Igpks in more detail at the su.b7area than the Comprehensive Plan. The Fruitdale$yp-arElfiPlan shall am.end the City of Wheat Comprehensive Plan for the portion ofthfilCity covered by the sub-area plan. Where the Comprehensive plan conflicts withthe Fruitdale Sub-area Plan, the Fruitdale Sub-area Plan shall supercede the Comprehensive Plan. Neighborhood Revitalization Strategy (NRS): The NRS was approved (not adopted)by the Whel;ltRidge City in July 2005. The intent of the NRSwas tq take a coniprehensivEllook at the current condition of the City and idfill")lify ways to address issues being faced by the community to restore the City to aoqmmunity of choice for homeowners and businesses. The study was a broad baseq.effqrtfiiml'ld at improving the City's image, attracting quality busii"1esS~sfind hoQsing andiG(eating standards that will enhance the City's existing neighbgrhoods; One of the recommendations of the NRS was the creatiqiJ of sub-areap!l;lns forva(iqus locations to identify and address the uniqueqh~llenges facil1$:specifipareas of the City. The Fruitdale sub-area (referredtQ..ii"1 the NRS a.sthe Orchard District) was one of the priority areas for development:,qf a sub-arefi plan. The 44th corridor was chosen because it is an under-developeq'90mmercial corridor with still reasonable real estate prices that could have greatpQtfilritial given its location in the City adjacent to open space and fact it has retaiiJed elements of the City's agricultural and rural heritage. Development of the F ruitdale Sub-area Plan is consistent with the recommendations of the NRS. Wheat Ridge Parks and Recreation Master Plan: The Fruitdale Sub-area Plan is consistent with the recommendations found in the 2006 Parks and Recreation Master Plan for this area of the City. 5 'Fruitdale Sufi-area PCan SUB-AREA PROFILE The Fruitdale sub-area is bounded by 1-70 on the north, Lee St. on the east, Clear Creek to the south and just west of Tabor St. to the west. The boundaries were not taken to Kipling St. and Youngfield St. because it is anticipated separate sub-area plans would be prepared for those areas. In addition, the area west of Tabor St. to Youngfield St. is a City urban renewal area. A sub-area location map can be found on the next page. Histol'\[ The Fruitdale sub-area is the site of several significant historical structures. The area was first homesteaded in the mid 1800s and quickly became an agricultural center. The largest early tract of land belonged to James Baugh located on the northeast corner of 44th Ave. and Robb St. Baugh farmed thel<:md for several years and built the historic home on the corner nowkriown as the Baugh House. The original structure was a log cabin built in 1860 which some beliiE;lve to be one of the oldest structures still standing in Coloti:(do. The log cabin was enclosed in the early 1900s by the current two-story Victorian. wooden frame structure. The house and property are now owned by the City of Wheat Ridge. Working with the Wheat Ridge Historical Society, the City has applied and received funds from the Colorado State Historic Society for restoration otthehouse. The house has undergone a restoration process which attempts to restore the building to its original condition. Once the house is complete, .itwould be considered of museum quality and woulp meet standard~for designation by the National Register of Historic Places; . The Wheat Ridge Hi$torical Park is locatedat461 0 Robb St. just north of the Baugh House. The Park is a9qllection of four buildings assembled to tell the story of howthecornmuniWbegciriin the mid 1880s by a handful of farmers. One of the buildingsi~ the Sod. House which was built in the early 1860s. The HousE;l'Nas saved in thE'~early 1Q70s by the members of the Wheat Ridge Historic Society. It became thetfiird stn,lGture in Jefferson County to be entered on the National Register of Historic Places. The Sod House has been renovated as a museum to presE;lrve the agricultural and pioneer heritage of the area. The Wheat Ridge Histo~ic SoCiety office is located at the Historic Park. Also at the Historical Park is the Stevens-Coulahan Cabin. It was originally located near 44th Ave. and Teller St. on what was the first registered homestead in the state of Colorado. The cabin was donated to the Wheat Ridge Recreation District in 1959 and it was later moved to the Historical Park in order to preserve the building and add to the theme of the Historic Park. The Historic Park also contains Wheat Ridge's first post office. It was moved from W. 38th Ave. and High Ct. and now houses the Wheat Ridge Historical Society's collection of pictures, historic documents and research library. 6 rY-itd4tR. Sup-area '1'~n i - 0- III .. ~ $J ~ .. ;a .., ;1$ c. u.. 'Q IS> +' "e ~ rfuitdale Sub-area Location Nlap 7 . 'FruitcUzw Su6-area Pfan Baugh House --<I' //;// Historical Park Historic Fruitdale School 8 'FruittfaCe Suo-area PCan The original Fruitdale School, located at 10801 44th Ave. was built in 1884 as an elementary school. In 1926 the school was destroyed by a fire. It was rebuilt in 1927 which is the current brick school building. The building was designed by noted architect Temple Buell. Additions were built on the east and west sides of the original structure in 1953 and 1972. Fruitdale was originally closed as an elementary school in 1978. From 1978 to 1989, the school was used as the Jefferson County Schools Adult Education Center. It began operating as a preschool in 1990. . A new building for the Fruitdale Preschool is being built behind the existing school building and is sCheduled to be complete in 2007. .As of the summer of 2007, the Wheat Ridge Historic Society is interested in. gaining possession of the original school building and finding a new use for it. Demooraohics: Based on 2000 U.S. Census data, the popu!\ition of the sub-area Was approximately 2,608. There were a total pf1 ,237 housing units, 1, 1\)9 which were occupied. Of those 1,195 units, 448 wer~qwneroccupied and 747 were renter occupied. This is a 63% rental rate for thE1S!Jb-area as compared to 47% for the City of Wheat Ridge as a whole. The median home price in the Fruitdale area is $152,400 compared to $167;8QO for the City. Ml'ldian family income in the sub-area was $36,000 as opposedf6$39,OOO for the City. Overall, these data indicate a much higherrate dfrl'lnter occupied units than found in other areas 9fth~City. In addition, the median home value and median family income is lower as compared to the. City as a whole. This information supports the needfdr4?king proactive meal';!,Jres to increase homeownership"in the sub-area as outlinediQ tile: ($o?ll'; and Policies. In addition, the lower median home valul'lJqund.in theS.ub-area ITIi!YQe indicative of the need for property owners t9rehabilit?te?nd reinvest in their properties. Existir1() conditions: The sub-aj'~a consists ofa mix of land uses. On 44th Ave., there are primarily commercialan(j office uses with some single family homes. Land uses along 44th Ave. inclUd~Heine's'Market, the Fruitdale Preschool, the Montessori School, a Qwest building;.Q.leafCreek Church, a gymnastics center and apartments and town homes. There lire also more intense commercial uses along the corridor such as auto repair shops and a concrete contractor. Most of the single family homes fronting on 44th Ave. were built decades ago before 44th Ave. became a major corridor. North of 44th Ave. and east of Parfet St., single family homes predominant. West of Parfet St., there is a mix of duplexes, apartments, single family homes and vacant/agricultural land. Prospect Park is predominate on the south side of 44th Ave. Other land uses south of 44th Ave. include a mix of duplexes, apartments 9 'Fruitdaf2 Su6-area PCan and single family homes with some commercial uses extending close to Clear Creek. Several buildings and properties on 44th Ave. are showing signs of deterioration. There are vacant buildings not being maintained and a general of lack of maintenance on many occupied properties. In addition, many residential units show signs of neglect and disrepair and are in need of maintenance and reinvestment. City code violations such as junk, trash and inoperable vehicles can also be found on many properties. A map of the existing land uses in the Fruitdale sub-area can be found on the following pages. Zonina: When the City incorporated in 1969, it adopted the.;;::oning that haQ been put in place on land by Jefferson County in the 19~.Os. The zoning is fairly ~onsistent with the existing uses. Most of the area northpf 44th Ave. is zoned Residential- Two (R-2). The intent of this zone district is tOiprovide.for low to moderate density residential neighborhoods. The minimuITfsingle family lot size in the R-2 zone is 9,000 square feet or 12,500 for a two-family dwelling. There are also large areas zoned Agricultural-One (Ac1), one of those areas being Prospect Park south of 44th Ave. There are also areas north of 44th Ave. zoned A-1. The purpose of the A-1 zone district is to providefqr a residential estate living environment within a quasi-agriculturaFsetting. Theminimum lot size in A-1 is one acre. Zoning on 44th Ave: is' primarilY a mixture of <::ommercial-One (C-1), R-2, and Residential-Three (ReS): The<::c1 zone district provides for areas with a wide range of cOrnrnEl[ci?llandl.tses ihCludihgoffice, general business, and retail sales and service establishments, The intent of the R-3 district is to provide for medillrll to high dehsityresidential.Medium density would accommodate 7 - 12 units per acre and high Qensity would allow 13 - 20 units per acre. The existing zoning map follows. Transoortation: 44th Ave. is a MinorArterial carrying approximately 14,000 cars a day. The capacity for a Minor Arterial is 21,000 cars per day so it does not exceed the theoretical capacity at this time. 44th Ave. is a major east-west corridor running from Denver west to Golden. With the development of the Cabela's ~roject just west of the sub-area, there is the potential for increased traffic on 44 hAve. Traffic flow and safety issues include the large number of curb cuts along 44th Ave. which causes frequent turning movements that impede traffic flow due to the lack of a center turn lane. Congestion at the intersection of 44th Ave. and Tabor and Miller Sts., particularly at peak traffic hours, is also a concern. There 10 'FruitdaCe Su6-area 'Fran 11 Existing Land Uses 'Frvitdafe Su6-area PCan Existing Land Uses - 12 - w '" <> '!i u. ;z L I ,- I11III VScantLand _SChOOlS _ Parks/Open Space _ Commercial IIIIIIIIIIIII Off;,. _Industrial a Olyoll'lMotRldge,CoJOI'lldo 7SOOwelt291hA>erue WllllllRiQ'ge,CO 60033-0001 3:13234.5900 - - ~ - o 155310 Multi.Familv DATE:llJ<W2W7 ~ ~ ~ ~ ~ '" ., ~ ;! Fruitdale Subarea Zoning Map - .j>. Zoning DR-I DR-IA DR-18 DR-IC .R-2 .R-2A ~R-3 Iii1J R-3A . PRO _A-I .A-2 DN-c I..d R-C 1IiIIIIlI0I .02 .PCO DPBF I!',.:!'I PF-I Ii'i!I!IPHO .' BPID ~RDads Parcels N I , _Feel o 165330 660 990 StlO.PbI""Coortln...I'n>)eOOOrl C<;jO<odoC.......'looo rbl,,,,,Wlllal !~..~a CllYotWhool R<dgc, CoIomdo 7S00Wesl<9lhA~ I"ItleatRidge,C0800n.aJ01 3j3234.5900 OATE:~ ~ ~, .... ~ ~ ~ "" ~ '" !'l "d r:i' ;:l 'Fruitd:o[e Suv-area PCan is the need for improved pedestrian connections at 44th Ave. and Robb St. to connect Prospect Park to the Historic Park and at 44th Ave. and Miller St near the Montessori School and Foothills Academy on Parfet St. Concern was also expressed by area residents about parking and traffic around the Montessori School and Foothills Academy during drop off and pick up times. The City is currently exploring ways to address these issues. The City provides road maintenance and routine repair services, including snow removal, sweeping, crack seal and similar maintenance activities. Repair of existing curb, gutter and sidewalk is accomplished through the City's 6-year Capital Investment Program (CIP). Needed reconstructiortptojects or major repairs are programmed in the CIP and are included incthe City's annual budget on a priority basis as funds are available. Other than routine maintenance, no road improvements are scheduled in the sub-area ihthe clirt~nt CIP. Under the City's development code, develope.rs are responsible for constructing roads, including curb, gutter and sidewalk, Within and Cidjacent to new development. This infrastructure is dedicatedtgJhe City for maintenance after a warranty period. Communitv Services and Facilities: The following is provided as backgroIJndihfqrmation reg~rding various government services and responsibilitie.s intne.iFrIJitedale sub-area. Services in the sub-area are provided by the City and l1pecialc;listricts. The City provides police protection, storlT1wat~r construction and maintenance, park and recreation and general govemniental s~rvices for the. sub-area. Water, sanitary sewer, and fire protection are provided by).special distric;ts. Special Dil1tric;ts~ Water:.district: Watefisprovided to thel:irea byJhe Valley Water District. The District provides the infrastrl.lc;ture and water is delivered to the District by the Denver Water Department KiVl1e DistrictJllust comply with the Denver Water Department's rules and regulationsGQncerning water taps. Developers are required to fund any water system improve.rnents needed to serve proposed development. Sanitary Sewer: Fruitdale Sanitation District provides sanitary sewer service to the sub-area. The District relies on the Metropolitan Denver Sewage Disposal District Number one for treatment, but maintains its own system of pipes within the district boundaries. Fire Protection: The Arvada Fire Protection District serves the area. A substation is located just to the north of the sub-area on 52nd Ave. Redevelopment projects that occur in the sub-area would need to. conform to the District's current fire safety.code. 15 'FruitdO.f2 Sun-area PCan City Services - Police Protection: The City of Wheat Ridge provides police protection to all residents. The City's police force is comprised of patrol, traffic and investigative officers, emergency specialists, community service officers and administrative staff. Stormwater drainage: The City maintains the system of pipes and inlets that comprise the stormwater drainage system within the public rights-of-way within the sub-area. The sub- area is included in the Urban Drainage and Flood Control District (UDFCD.) The Clear Creek Basin Plan, prepared by the UDFCD, identifies needed stormwater facilities in the Clear Creek Basin in whichthesub-area is located. The recommendations of the Clear Creek Basin Plan need t6be implemented to address the any drainage problems that might occur in the areacjuring storm events. Parks and Open Space: The Fruitdale sub-area is home to Prospect Park,the largest rark in the City of Wheat. The Park entrance is located on the south side of 44t Ave. at Robb St. The Park is 39 acres and contains many amenities such as ball fields, tennis courts, picnic shelters and playgrounds. Prospect Park is located along the Wheat Ridge Greenbelt and Clear Creek trail, which offers many opportunities for natural resource based recreation. Fruitdale Park is Iqg;:lted at 4700 Miller St.north of 44th Ave. The park is 12 acres in size andcontl;lins a basketball coLlrt,playground, and picnic shelter. The Park receives a higl1amql!ntof use dljring the day from the neighboring Foothills AcadElIT)Y. It dOE1s, hOWever,(E1~perience a high level of vandalism and vagrancyp6ssiblydlJe to its location near the Wheat Ridge motel zone and its somewhat isolated 16ca~ion. Theparks and Recreation Department is aware of thisisslJE1.l;lnd is considering measures to address it. The HistoricalPark is located at West 46th Ave. and Robb St. It is one acre and does not contain:.l;lny typical or traditional park amenities except picnic tables. The Park containsC;1,variety of historical features and amenities relative to the City of Wheat RidgE1. The Baugh House, another historical property owned by the City, is separated from the Historical Park by two private lots to the south. Schools - The Fruitdale Preschool is located at 10801 44th Ave. It is a Jefferson County Public School facility. The Montessori School is located on the corner of 44th Ave. and Miller St. It is a pre-kindergarten through 6th grade Jefferson County Public Charter School. Foothills Academy is located at the corner of Miller St. and the 1- 70 frontage road. The Academy is an independent, co-educational, K-12 day . school. 16 'FruitdilIe SuE-area PCan 17 'f'ruitdaCe SuE-area PCan FUTURE SUB-AREA CHARACTER Future Land Use Conceot: As much as we might like things to stay the same, change is inevitable. Changes to the Fruitdale Sub-area area occurring now. As you drive the area, you see for sale and for lease signs on many buildings. These properties could be sold and new uses introduced that mayor may not be of benefit to the area. The Fruitdale Sub-area Plan and its recommendations provide a tool for guiding future land uses decisions so that they do not negatively impact the area, and create a more compatible and coordinated mix of uses. The purpose of identifying future land uses is to provid~(:Iirection to the City, landowners and developers as properties develop o[redeVel()p in the future. The Future Land Use Concept creates a vision for what the Fruitdale sub-area could look like in 5, 10, or 20 years. The intentistobe proactiv~r<ilther than reactive in identifying what the public and the<City would like to se$ip the future. The Future Land Use Concept is the basisfpr many of the Goals arid Rolicies found in the Plan. The NRS recommended developing the 44th Ave. ~$<iln "Orchard District" promoting gardening, landscaping,flori~t~ and similarj:5usinesses along the corridor in keeping with the agricultural heritage of the area. One of the Goals of the Plan is to explore the feasibility of this gardening theme along the corridor. The Future Land UseC()nq~pt basicallyt$commends commercial development for properties on 44!hAve., fO~l,lsing on red~veloping the existing single family homes fronting on44!~Ave. tl;)at could be c()nsidered no longer an appropriate land use for a major corncior.. }~l"l"Ji?'eg~~sE'lrieighborhood center is proposed at the intersElfti().nof\arfet'st.~nd 44mAye. Neighborhood serving retail and commerqial busine~~~s areenqouraged at this location. "' Duringpl~llning meetinQ~' curreritresidents and property owners expressed their desire tomCililltain the agricultural land and uses that make the area unique. There was ~I$trong mes~age from residents for no more medium density residential deveHopmentiri the area. If vacant parcels of land not fronting on 44th Ave. are to be developed, such as the large vacant parcel west of Parfet St., single family home$ are recommended consistent with the density of the existing single family homes east of Parfet St. The Future Land Use Concept map can be found on the following page. Visual Preference Survev: At one of the Fruitdale planning meeting, those in attendance were asked to rank a series of photographs to obtain feedback on what people preferred in terms of building and streetscape design. Feedback was received on design for commercial, retail and mixed use buildings as well as streetscape elements such 18 'FruittfaCe SUb-area PCa:n landscaping, lighting and signage. Results of the Visual Preference Survey can be found in the Appendix. 44th Ave. Roadwav Imorovements: In an effort to address traffic flow and safety issues along 44th Ave., the City has developed a Concept Street Plan for potential future improvements to 44th Ave. The improvements being proposed include adding a center turn lane to help with turning motions on and off of 44th Ave. In addition, a five foot tree lawn would be added on both sides of the roadway. On the north side of 44th Ave., there would be a five foot sidewalk with streetscape irnerovements suchc;!s benches and trash receptacles. On the south side of 44 h Ave., there wquld be a five foot sidewalk, also to include streetscape improvements, anda five foot bicycle/pedestrian path. Currently there are no fundl'lavailable by the City to make the proposed improvements. The Concept Street Plar"lwas developed to provide guidance as properties develop or redevelop as to what types of roadway design the City would like to see in the future. Drawings showing details of these improvements can be found in the Appenqix. 20 'FruitdafP. SUb-area PCan GOALS AND POLICIES LAND USE 1. Suooort the redevelooment and revitalization of orooerties alono 44th Ave. a. Develop programs to encourage landowners and business owners to reinvest in their properties to enhance the economic vitality of the corridor. b. Encourage business and commercial propertyqwner's participation in grant programs to improve signage, land,scaping and facades. c. Encourage mixed use developments arouridthe intersections of 44th Ave. and Parfet St. to create a neighborhood center. This could include neighborhood type retail or commercial on the ground floor with residential or office on the upper floors. d. Promote neighborhood servin~f'businesses. e. Encourage the rezoning andredl?velopml?nt of single family properties fronting on 44th Ave. t6,use;>imOre appropriate for a minor arterial. f. Incorporate streetscl:ipe features suchl:i:\>,decorative lighting, benches, planters and'Qu;>.;>helters to create a consistent theme and street edge. g. Support the Wheat Ridge Historic Society in their efforts regarding a viable rl?usl'l.of the historicfruitdaleSchool. h. Explorl?the esfl:iblishment of a Business Improvement District. 2. Exolore deVelooinq44th Ave. with'a"oardenino theme" encouraoino. f1ardenino. fafmer(~rTi;:irkets.l~ndscapina types of businesses. l:i:Undl'lrtake anirlventorYofeidsting properties/businesses on 44th Ave:ar~a. . b. Test thEfmarket, ~$well as public opinion, regarding a gardening orientatiohl:ilong tpe corridor. c. Working with Wheat Ridge 2020 initially, explore the feasibility of hQI~ing a seasonal farmer's market at Prospect Park or other suitaQle location. 3. Considerfhe creation and adootion of des ion standards/overlav zon~ for revitalizino and redevelooino properties in the corridor. a. Consider prohibiting certain uses along 44th Ave. not compatible with the desired character of the corridor. b. Promote high quality building and site design in accordance with the City's Architectural and Site Design Manual. c. Consider the results of the Fruitdale Sub-area Plan Visual Preference Survey when determining the desired building and streetscape design. d. Develop any standards or overlay zone through a public process. 21 'FruitaaCe Su6-area PCan 4. Imorove and maintain the oualitv and condition of orooerties in the area. a. Encourage the City's Community Services Unit to undertake more proactive code enforcement in the area. b. Work with property owners and businesses to proactively address building and property maintenance. c. Utilize WR2020 programs to encourage residential property clean- up. d. Encourage the use of housing rehabilitation programs available through the Jefferson County Housing Authority. e. Work with WR2020 to target area within.thesub-area for housing rehabilitation programs. 5. Maintain and orotect the existino established sino Ie familvcharacter of much of the area. a. Encourage single family develoPment on currently vacant tracts of land not fronting 44th Ave. b. Limit the encroachment of commercialqevelopment into residential areas. c. Encourage the buffering bfsingle family areas from more intense uses. 6. Encouraoe homeownershio to imorove the stabilitv of the area. a. Utilize first time home buyer.assistance programs available through thelOcakl1ousirU:l authorities. b. promotatht? cOl'lvt?rsiqn of exiting rental units to owner occupied \lnit~, .' . c. EncOurage theWheat Ridge Housing Authority to consider propertie~in the$ub-area for purchase, rehabilitation, and conversibn.to owner occupied units. TRANSPORTATION 1. Imoroveoedestrian connections in the area. a. Improve pedestrian crossings on 44th Ave. at Robb St., Parfet St., and Miller St. 2. Work to address soeedino oroblems alono 44th Ave. a. Undertake signal warrant studies for traffic lights at 44th Ave. and Tabor St., and 44th and Miller St. b. Support the placement of speed boards along 44th Ave. west of Kipling St. 3. Address traffic flow and safety issues in the area. 22 'Fruitda~ SuE-area PCan a. Work with property owners and residents to identify options for improving traffic flow and safety, and pedestrian connections, such as potential roadway widening and a bicycle trail along 44th Ave. b. Encourage the combining of curb cuts along 44th Ave. as properties develop and redevelop to Improve traffic safety. c. Work to resolve parking issues on Miller St. generated by school traffic. d. Undertake a traffic signal warrant study at the intersection of 44th Ave. and Tabor St. PARKS AND RECREATION 1. Work with property owners on Robb St. betweerlthe Baugh House and the Historical Park to investigate ways to utilize thi~>property for a community benefit consistent with the historic nature Slfthe surrounding area. 2. Enhance/improve the entrance tq>Prospect park to improVe visibility to the Park. 3. Encourage completion of the renovation.qfthe Baugh House. 4. Encourage use of ProsPE:'!ct Park and thel-listoric Park for City events and functions. 5. Explore the development of riiQrEhClctive usesi:ltFruitdale Park. 6. Follow the recommendations of the;pity of Wheat Ridge Parks and Master Plan and the Bike andpeqestrianMaster Plan regarding trail improvemel)tsaldng Clear Creek. 23 'Fruittfafe Sufi-area PCan IMPLEMENTATION Implementing a sub-area plan takes time and resources. Implementing the Goals and Policies outlined in the Plan is a long term endeavor. Funds are limited and the City must consider needs throughout the community when prioritizing where improvements will be made. The Fruitdale Sub-area Plan provides guidance to the City for improvements in the area. Having the Plan in place means needed projects in the area could receive a higher priority ranking as City projects are reviewed. When implementing a sub-area plan, it is important to have$ome early successes, even if small, to help create momentulTI for further implementation of the Plan. The following would be the highest priority Goals andPoJicies when focusing initial efforts implementing the Frui.tdale Sub-area Plan. · Working with Wheat Ridge 2020 and theCitY.'$ Economic Development Division, undertake an inventory of existing Jiroperties on 44th Ave. Test the market regarding a gardening orientation along the corridor. · Develop programs to encourag~IEln90wners and businesses to reinvest in their properties to enhance theeconbmicvitality of the corridor and to make it more appealing to prospectivebusinelil;lil.8S. . Develop an ov~rlay;!:pne/design (Standards fOr 44th Ave. to consider prohibiting c~rtain uses not compa~ible with the desired character of the area and to>prpmote qllality building;and site design for new or redeveloping prpperti~s. · Improvecmd maintain the quality and condition of properties in the area. Wprkwithtl1eCommllnity Services Unit to undertake proactive code enforcementCjnd develop prpgrams to encourage residential property clE1an-up. · Improve traffic floW and safety issues along 44th Ave. by undertaking warraht studies for-traffic signals where appropriate. Improve pedestrian crossings on 44th Ave. at key locations such as Robb St., Parfet St. and MillerSt. · Encourage the use of Prospect Park and the Historical Park for City events such as a seasonal farmer's market to bring more visibility to the area. Given the current condition of the Baugh House, encourage the completion of its renovation to make it a more appealing asset to the community. 24 'FruitdO.fe Suo-area PCan APPENDIX Visual Preference Survey Results 44th Ave. Roadway Improvements - Concept Street Plan 25 'Fruitdaf2 Suo-area PCan FRUITDALE SUB-AREA PLAN VISUAL PREFERENCE SURVEY LISTED IN ORDER BY PREFERENCE COMMERCIALlRETAIL 1 2 3 26 'FruitdalE SuE-area PCan MEDIUM DENSITY RESIDENTIAL 27 1 2 3 'FruitcfaCe Suv-area PCan MIXED USE 28 1 2 3 'Fruitd:aIe Sufi-area PCan SIDEWALKS AND LANDSCAPING 1 3 2 29 'f'ruittfaIe Su6-area PCan STREETS CAPE 1 2 3 30 'Fruitdalk Su6-area PCan SIGNAGE 1 2 3 31 'Fruitcfale SUb-area PCan BUS STOPS 32 1 2 3 44tb A.ve. Roadway lUlprove\u-ente 33 PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: July 19, 2007 TITLE: Fruitdale Sub-area Plan CASE NO. WP A 06-05 C8J PUBLIC HEARING C8J RESOLUTION D CODE CHANGE ORDINANCE D STUDY SESSION ITEM Case Manager: Sally Payne, Senior Planner Date of Preparation: July 12, 2007 Enclosed is a copy of the draft Pruitdale Sub-area Plan. The Plan has been prepared by Community Development staff over the last 8 months. The preparation of the plan fulfills one of Council's strategic goals to prepare plans for sub-areas in the City in order to prepare for growth and opportunities. This area was selected as one of the first sub-area planning efforts based on recommendations from the Neighborhood Revitalization Strategy (NRS). The NRS recommended this area because 44th Ave. in this area is an underutilized corridor in need of revitalization with unique potential given the historical and agricultural heritage of the area. A survey was mailed to property owners in the area last fall to obtain input on what people liked and disliked about the area and what changes they would like to see. Monthly planning meetings were held with residents and property owners starting in January of this year. In addition, monthly newsletters were prepared notifYing residents of meetings and keeping them informed of the planning process. Information about the planning process was also available on the City's web site and in the Connections. The plan recommends the redevelopment and revitalization of properties on 44th Ave. It suggests exploring a "gardening theme" for businesses along the corridor as was recommended in the NRS. Commercial land uses are recommended on the west end of the corridor with a mixed-use neighborhood village being proposed for the intersection ofParfet St. and 44th Ave. where primarily neighborhood serving uses would be encouraged. The Plan recommends protecting the established single family character of much of the area and, given the large number of multi-family properties that already exist, that any development off 44th Ave. on vacant land be single family consistent with the existing single family areas. It also encourages the improvement of the condition of many properties in the area and promotes homeownership opportunities given the ATTACHMENT 2 high rental rate found in the sub-area. In addition, recommendations are made to address traffic flow and pedestrian safety issues such as improved pedestrian crossings on 44'h Ave. The Plan also encourages enhancing the area's parks to make them more of a community asset. The Sub-area Plan is proposed to supercede the Comprehensive Plan for the area. The existing Comprehensive Plan recommends primarily Single Family and Transitional Residential for 44th Ave. This item has been scheduled for a public hearing. Notice as required by state statute for the hearing has been provided. (Notice in the Transcript newspaper.) In addition, property owners were notified of the hearing date and the availability ofthe draft Plan for review. Staff recommends adoption of the Plan. A motion to adopt a resolution recommending adoption of the plan by City Council is needed. If you have any questions regarding the Plan, please contact Sally Payne at 303-235-2852 or spayne@ci.wheatridge.co.us. RECOMMENDED MOTION: "1 move to adopt Resolution 03-2007, a resolution recommending adoption of the Fruitdale Sub- area Plan, and forwarding this recommendation along with the Resolution to City Council for their consideration. " Exhibits: Fruitdale Sub-area Plan CITY OF WHEAT RIDGE PLANNING COMMISSION RESOLUTION NO. 03 Series of 2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WHEAT RIDGE, COLORADO, RECOMMENDING ADOPTION OF THE FRUITDALE SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN WHEREAS, the City Council of the City of Wheat Ridge adopted a Comprehensive Plan on October 25, 1999 and amendments were considered and adopted in January 24,2000; and WHEREAS, the City Council accepted the recommendations of the Neighborhood Revitalization Strategy, specifically the creation of subarea plans; and WHEREAS, the Comprehensive Plan looks at the entire City, subarea plans focus on specific geographic locations in an effort to address the unique circumstances found in specific areas to provide guidance for future decision making; and WHEREAS, the City Council directed staff to prepare a subarea plan for the area generally bounded by 1-70, Lee St., Clear Creek and just west of Tabor St. in fulfillment of one of the Council's strategic goals; and WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the City from time to time; and WHEREAS, Planning Commission has held a public hearing as provided by C.R.S. 31- 23-208 and Section 2-60 (b) ofthe Wheat Ridge Code of Laws; legal notice thereof duly published in the Wheat Ridge Transcript on Julyl2, 2007, with a written recommendation forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Wheat Ridge, Colorado, as follows: I. The Planning Commission of the City of Wheat Ridge hereby recommends adoption of the Fruitdale Subarea Plan attached as Exhibit A. 2. The Planning Commission recommends that the Fruitdale Subarea Plan supercede the Comprehensive Plan for the portion ofthe City covered by the Subarea Plan. 3. A copy ofthis resolution shall be forwarded to the City Council. I,comdev,orchardSUbarea'Poreso!u*TT A C H M E NT 3 DONE AND RESOLVED THIS ;Cf'"ll;.aYOf ~~ ,2007. , PLAN~t:~ON ATTEST: c?~~ . Secretary to the Planning ~ 1:\Comdev\Orchard Subm:ea\pc resolutiou.doc 2 CITY OF WHEAT RIDGE CITY COUNCIL RESOLUTION NO. 30 Series of 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, RECOMMENDING ADOPTION OF THE FRUlTDALE SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN WHEREAS, the City Council of the City of Wheat Ridge adopted a Comprehensive Plan on October 25, 1999 and amendments were considered and adopted in January 24,2000; and WHEREAS, the City Council accepted the recommendations ofthe Neighborhood Revitalization Strategy, specifically the creation of subarea plans; and WHEREAS, the Comprehensive Plan looks at the entire City, subarea plans focus on specific geographic locations in an effort to address the unique circwnstances found in specific areas to provide guidance for future decision making; and WHEREAS, the City Council directed staff to prepare a subarea plan for the area generally bounded by 1-70, Lee St., Clear Creek and just west of Tabor St. in fulfillment of one of the Council's strategic goals; and WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the City from time to time; and WHEREAS, Planning Commission has held a public hearing as provided by C.R.S. 31- 23-208 and Section 2-60 (b) of the Wheat Ridge Code of Laws; legal notice thereof duly published in the Wheat Ridge Transcript on Julyl2, 2007, with a written recommendation forwarded to the City Council. WHEREAS, the City Council has held a public hearing as provided by Section 2-60 (b) of the Wheat Ridge Code of Laws; legal notice there of was duly published in the Wheat Ridge Transcript on August 2, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: 1. The City Council of the City of Wheat Ridge hereby recommends adoption of the Fruitdale Subarea Plan attached as Exhibit A. 2. The Fiuitdale Subarea Plan supercede the Comprehensive Plan for the portion of the City covered by the Subarea Plan. 3. An attested copy of this resolution shall be attached to the Plan amendment and a copy of the Plan as attested shall be certified to Jefferson County, Colorado. I,comdev,orchardsubarea,ccresolaTT A C H M E NT 4 DONE AND RESOLVED THIS ATTEST: MICHAEL SNOW, CITY CLERK I:\Comdev\Orchard Subarea\cc resolution.doc day of ,2007. JERRY DITULLIO, MAYOR 2 ~~' WH"" 1'_ ~ " - " u '" C'OLOR;..{)9 ITEM NO: ___ '=\ ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 13, 2007 ~~ 11.. ~ IIU WI TITLE: COUNCIL BILL 17-2007: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY CLERK. o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS [gJ ORDINANCES FOR 1ST READING (Date: AUlmst 13. 2007) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 [gJ Yes No /?/7 ~ City Clerk - City Attorney EXECUTIVE SUMMARY: Until the recent past, the City of Wheat Ridge granted the City Clerk the same Employee Benefits package as other full-time employees of the City. The attached Ordinance grants to the City Clerk, following the election of November 6tl1, 2007, the following benefit programs available to other City Employees: Health, Dental and Vision Insurance, group term life insurance; employee assistance plan, retirement plan; employee recreation program benefit; and tuition assistance program. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Wheat Ridge City Clerk had the option to participate in the employee benefits given to other full-time City Employees until November, 2003. Permitting the City Clerk to participate in the requested plans available to other City Employees will result in an approximate increase of $14,980 in cost to the City annually. I Yearlv Compensation Costs for Clerk I Salarv I Social Security / Medicare I Worker's Compensation I Group Term Life I Comprehensive Medical Benefits / Dental Plan I Employee Assistance Program I Retirement Plan, CCOERA I Tuition Assistance / Emplovee Recreation Program Benefit I Potential Cost for Added Benefits EQuiv. 20 hr/wk I $29.000 $1,798 I $420 I $90 I $12 I $5,639 I $381 I $29 I $1,160 I $2,000 . $350 I $9.571 I EQuiv. 40 hr/wk I $29,000 $1,798 $420 $90 $12 $11,278 $762/ $58 I $2,320 I $200 I $350 I $14.980 I ALTERNATIVES CONSIDERED: Grant to the Office of the City Clerk paid benefits equivalent to half-time, or 20 hr/wk employees; Grantto the Office of the City Clerk the option to enroll in available employee benefits at full cost to the Clerk. FINANCIAL IMPACT: Allowing the City Clerk to participate in the City employee benefits listed will result in an approximate annual cost increase to the City of$14,980. RECOMMENDED MOTION: "1 move to approve Council Bill : An Ordinance prescribing Compensation for the Office of City Clerk for terms commencing on and after the November 6, 2007 regular municipal election on first reading, order it published, public hearing set for Monday, August 27, 2007 at 7:00pm in City Council Chambers, and that it take effect fifteen days after final publication." or, "1 move to table indefinitely Council Bill_ : An Ordinance prescribing Compensation for the Office of City Clerk for terms commencing on and after the November 6, 2007 regular municipal election for the following reasons: " Attachments: 1. Council Bill 17 - 2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 17-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY CLERK WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of City Clerk for terms of office commencing on and after the November 6, 2007 regular municipal election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Citv Clerk ComDensation. For terms of office commencing on and after the November 6, 2007 regular municipal election, the compensation of the City Clerk shall be as follows: a. Salarv: $29,000 per year. b. Benefits: The following benefits shall be provided, to the extent and at the levels granted to Full-time city employees: health, dental and vision insurance; group term life insurance; employee assistance plan; retirement plan; employee recreation program; tuition assistance program. Section 2. Severabilitv: Conflictina Ordinances ReDealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. GED\53027\441422.02 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to - - on this _day of August, 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 August _, 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 August, 2007. SIGNED by the Mayor on this day of ,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 2 ITEM NO: 4-, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 13, 2007 ~~ nli an TITLE: COUNCIL BILL 18-2007: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF TREASURER. o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS [gI ORDINANCES FOR 1ST READING (Date: AUlmst 13" 2007) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 [gI Yes No ~ City Clerk ..","-y i..{~~Y' City Attorney EXECUTIVE SUMMARY: Until the 1997, the City of Wheat Ridge granted the Treasurer the same Employee Benefits package as other full-time employees of the City. The attached Ordinance grants to the Treasurer, following the election of November 6th, 2007, the following benefit programs available to other City Employees: Health, Dental and Vision Insurance, group term life insurance; employee assistance plan, retirement plan; employee recreation program benefit; and tuition assistance program. COMMlSSION/BOARD RECOMMENDA nON: NIA STATEMENT OF THE ISSUES: The Wheat Ridge Treasurer had the option to participate in the employee benefits given to other full-time City Employees until 1997 . Permitting the Treasurer to participate in the requested plans available to other full-time City Employees will result in an approximate increase of $ in cost to the City annually. I Year.IY Compensation Costs for Treasurer Salary I Sociai Security I Medicare I Worker's Comp,ensation I Group Term Life I Comprehensive Medical Benefits I Dental Plan I Employee Assistance Program I Retirement Plan, CCOERA I Tuition Assistance I Employee Recreation Program Benefit I Potential Cost for Added Benefits Euuiv. 20 hr/wk I $29,000 I $1,798 I $420 I $90 I $12 I $5,639 I $381 I $29 I $1,160 I $2,000 $350 I $9.571 I Euuiv. 40 hr/wk I $29.000 I $1.798 I $420 I $90 I $12 $11,278 $762 $58 $2,320 $200 I $350 I $14.980 I ALTERNATIVES CONSIDERED: Grant to the Office of the Treasurer paid benefits equivalent to half-time, or 20 hr/wk employees; Grant to the Office of the Treasurer the option to enroll in available employee benefits at full cost to the Treasurer. FINANCIAL IMPACT: Allowing the Treasurer to participate in the City employee benefits listed will result in an approximate annnal cost increase to the City of$14,980. RECOMMENDED MOTION: "I move to approve Council Bill 18-2007 : An Ordinance prescribing Compensation for the Office of Treasurer for terms commencing on and after the November 6, 2007 regular municipal election on first reading, order it published, public hearing set for Monday, August 27,2007 at 7:00pm in City Council Chambers, and that it take effect fifteen days after fmal pnblication." or, "I move to table indefmitely Council Bill 18-2007: An Ordinance prescribing Compensation for the Office of Treasurer for terms commencing on and after the November 6, 2007 regular municipal election for the following reasons: ...' Attachments: 1. Council Bill 18-2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 18-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY TREASURER WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of City Treasurer for terms of office commencing on and after the November 6, 2007 regular municipal election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Citv Treasurer Comoensation. For terms of office commencing on and after the November 6, 2007 regular municipal election, the compensation of the City Treasurer shall be as follows: a. Salarv: $29,000 per year. b. Benefits: The following benefits shall be provided, to the extent and at the levels granted to Full-time city employees: health, dental and vision insurance; group term life insurance; employee assistance plan; retirement plan; employee recreation program; tuition assistance program. Section 2. Severabilitv: Conflictina Ordinances Reoealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. GED\53027\441422.02 INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of August, 2007, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August _, 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _ this _ day of August, 2007. SIGNED by the Mayor on this day of ,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 2 ITEMNO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 13, 2007 ~~ Fi::$iii 1][ aN TITLE: COUNCIL BILL 19-2007: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY COUNCIL. o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS \:2l ORDINANCES FOR 1ST READING (Date: Aurust 13. 2007) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 \:2l Yes No ~~ City Clerk 7)/ , .- " i'.../' C.,;,, City Attorney EXECUTIVE SUMMARY: Until 2001, the City of Wheat Ridge granted Council Members the option to participate in the group benefits of City employees at the full cost to the Council Member. At that time, the City's insurance vendor contract was determined to require The City to cover a portion of the cost of benefits, at which time benefit options ceased for the office of City Council. The attached Ordinance grants to members of Council, following the commencement of the next elected term, the following benefit programs available to other City Employees: Health, Dental and Vision Insurance, group term life insurance; employee assistance plan, retirement plan; employee recreation program benefit; and tuition assistance program. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Council Members had the option to participate in employee group beuefits unti1200 1, at the full cost to the Council Member. Permitting Council Members to participate in the requested plans at the level of other full-time City Employees will result in an approximate increase of$13,236 in cost to the City annually. I Yearly Compensation Costs for Council I Equiv. 20 hr/wk Equiv. 40 hr/wk I I Salary I Social Security I Medicare Worker's Com1?ensation Group Term Life Comprehensive Medical Benefits Dental Plan I Employee Assistance Program I Retirement Plan, CCOERA I Tuition Assistance I Employee Recreation Program Benefit I Potential Cost for Added Benefits $7,200 $446 $104 $22 $12 $5,639 $381 $29 $288 $2,000 $350 $8,699 $7,200 I $4461 $104 ] $22 $12 $11,278 $762 $58 $5761 $2001 $350 I $13,236 ! ALTERNATIVES CONSIDERED: Grant to the Office of the City Council paid benefits equivalent to half-time, or 20 hr/wk employees; Grant to the Office of the City Council the option to enroll in available employee benefits at full cost to the Council Members. FINANCIAL IMPACT: Allowing the Council Members to participate in the City employee benefits listed will result in an approximate annual cost increase to the City of$13,236. RECOMMENDED MOTION: "I move to approve Council Bill 19-2007: An Ordinance prescribing Compensation for the Office of Council Member for terms w~encing on and after the November 6, 2007 regular municipal election on flIst reading, order it published, public hearing set for Monday, August 27, 2007 at 7:00pm in City Council Chambers, and that it take effect fifteen days after final publication." or, "1 move to table indefinitely Council Bill 19-2007: An Ordinance prescribing Compensation for the Office of Council Member for terms commencing on and after the November 6, 2007 regular municipal election for the following reasons: " Attachments: 1. Council Bill 20-2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 19-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF COUNCILMEMBER WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of Councilmember for terms of office commencing on and after the November 6, 2007 regular municipal election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Council member Comoensation. For terms of office commencing on and after the November 6, 2007 regular municipal election, the compensation for the office of Councilmember shall be as follows: a. Salarv.: $7,200 per year. b. Benefits: The following benefits shall be provided, to the extent and at the levels granted to Full-time city employees: health, dental and vision insurance; group term life insurance; employee assistance plan; retirement plan; employee recreation program; tuition assistance program. Section 2. Severabilitv; Conflictina Ordinances ReDealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. GED\53027\441422.02 INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of August, 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 AU9ust ,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 August, 2007. SIGNED by the Mayor on this day of ,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 2 ~' .H~r "- "', !:: :Ii o ~ 95LOR/lt.Q9 ITEM NO: (0, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: . August 13,2007 <<'fi~ E';;:.;~<~ 1I[ WI TITLE: COUNCIL BILL 20-2007: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF MAYOR. D PUBLIC HEARING D BIDSfMOTIONS D RESOLUTIONS [8J ORDINANCES FOR 1ST READING (Date: August B. 2007) D ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes [8J No ~ City Clerk City Attorney EXECUTIVE SUMMARY: Until 200 1, the City of Wheat Ridge granted the Mayor the option to participate in the group benefits of City employees at the full cost to the Mayor. At that time, the City's insurance vendor contract was determined to require The City to cover a portion of the cost of benefits, at which time benefit options ceased for the office of Mayor. The attached Ordinance grants to the Mayor, following the commencement of the next elected term, the following benefit programs available to other City Employees: Health, Dental and Vision Insurance, group term life insurance; employee assistance plan, retirement plan; employee recreation program benefit; and tuition assistance program. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Wheat Ridge Mayor had the option to participate in employee benefits until 2001 . Pennitting the Mayor to participate in the requested plans available to other full-time City Employees will result in an approximate increase of $ 13,454 in cost to the City annually. I Yearly Compensation for Mayor I Salary Social Security I Medicare I Worker's Compensation I Group Term Life I Comprehensive Medical Benefits I Dental Plan I Employee Assistance Program I Retirement Plan, CCOERA I Tuition Assistance I Employee Recreation Program Benefit I Potential Cost for Added Benefits I E~uiv. 20 hr/wk $10,080 1$625 I $146 1$31 I $12 I $5.639 I $381 1$29 1$403 I $2,000 I $350 I $8.802 ALTERNATIVES CONSIDERED: I Equiv, 40 hr/wk I $10.080 $625 1$146 I $31 1$12 I $11,278 1$762 I $58 1$806 I $2,000 I $350 I $13.454 Grant to the Office of the Mayor paid benefits equivalent to half-time, or 20 hr/wk employees; Grant to the Office of the Mayor the option to enroll in available employee benefits at full cost to the Mayor. FINANCIAL IMPACT: Allowing the Mayor to participate in the City employee benefits listed will result in an approximate annual cost increase to the City of $ 13,454. RECOMMENDED MOTION: "I move to approve Council Bill 20-2007 : An Ordinance prescribing Compensation for the Office of Mayor for tenus commencing on and after the November 3, 2009 regular municipal election on first reading, order it published, public hearing set for Monday, August 27,2007 at 7:00pm in City Council Chambers, and that it take effect fifteen days after final publication." or, "I move to table indefinitely Council Bill 20-2007: An Ordinance prescribing Compensation for the Office of Mayor for tenus commencing on and after the November 3, 2009 regular municipal election for the following reasons: Attachments: 1. Council Bill 20-2007 " CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 20-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF MAYOR WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of Mayor for terms of office commencing on and after the November 6, 2007 regular municipal election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Mavor Comoensation. for terms of office commencing on and after the November 6, 2007 regular municipal election, the compensation of the Mayor shall be as follows: a. Salarv: $10,080 per year. b. Benefits: The following benefits shall be provided, to the extent and at the levels granted to Full-time city employees: health, dental and vision insurance; group term life insurance; employee assistance plan; retirement plan; employee recreation program; tuition assistance program. Section 2. Severabilitv: ConfJictinu Ordinances Reoealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. GED\53027\441422.02 INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of August, 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 August _, 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 August, 2007. SIGNED by the Mayor on this day of ,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 2