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HomeMy WebLinkAbout09/10/2007 6:30 p.m. Pre-Meeting ~ .if.. (IifI"iJ 11\ .,,~ ;l!J:l~J:J;l CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Seotember 10. 2007 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Auoust 27.2007 PROCLAMATIONS AND CEREMONIES Responsible Dog Owner Day, September 15,2007 CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Request for a Final Plat with a Cul-De-Sac Length Variance for Property Located at 3301 Quail Street (Case Nos. WS-07-01 & WA-07-04/Crown Land) a. Cul-De-Sac Length Variance (Case No. WA-07-04) b. Approval of an 11-Lot Major Subdivision (Case No. WS-07-01) Item 2. COUNCIL BILL 21-2007 - AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY COUNCIL. CITY COUNCIL AGENDA: September 10, 2007 Item 3. Item 4. Page -2- COUNCIL BILL 22-2007 - AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC DATABASE CERTIFIED BY THE STATE DEPARTMENT OF REVENUE TO DETERMINE THE JURISDICTIONS TO WHICH TAX IS OWED. COUNCIL BILL 23-2007 - AN ORDINANCE AMENDING THE REQUIREMENTS FOR ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS. DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. RESOLUTION 36-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 BUDGET TO REFLECT ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL BUREAU OF JUSTICE ASSISTANCE GRANT. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT ~" .M1JBa.......___..... .', ,'.' .' ,", ':' !:' : i:',.' ,', . .' ,.' -:.' - .'.'.'.' .' .., - - - .' ' " .' .' .'.' ;. .,',' - ..' - .' '- .' '. .' ,- " : ':.' , -, . CITY OF WHEAT RIDGE, COLORADO Auaust 27. 2007 Mayor DiTullio called the Regular City Council Meeting to order at 7:02 p.m. Councilmembers present: Karen Adams, Karen Berry, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, Dean Gokey and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; Acting Director of Community Development, Sally Payne; Director of Public Works, Tim Paranto; Police Chief, Dan Brennan; staff; and interested citizens. APPROVAL OF MINUTES OF Auaust 13. 2007 Motion by Council Member Sang for approval of the Minutes of August 13, 2007; seconded by Council Member Schulz; carried 7-0 with Council Member Gokey abstaining. PROCLAMATIONS AND CEREMONIES MADD Award Presentation (Becky Lane-Ramsey) Chief Brennan introduced Wheat Ridge Police Lt. Becket and Becky Lane-Ramsey. Mrs. Lane-Ramsey commended the WRPD on their support for and the benefits to MADD with the positive relationship they have with MADD. CITIZENS' RIGHT TO SPEAK No citizens were present to speak. CITY COUNCIL MINUTES: August 27, 2007 Page -2- Item 1. CONSENT AGENDA A. RESOLUTION 34-2007 DECLARING COMPLIANCE WITH C.R.S. 29-29-101, ET. SEQ. CONCERNING COOPERATION WITH FEDERAL OFFICIALS IN REGULATING IMMIGRATION STATUS RESOLUTION. B. Approval of the Closure of 38th Avenue from Pierce Street to Wadsworth Boulevard for the Wheat-Ridge Taste of the Arts Festival and Request for Financial Assistance in the Amount of $7,500. Consent Agenda was introduced and read by Council Member Stites. Motion by Council Member Stites for approval of the Consent Agenda, item A; seconded by Council Member Sang; carried 8-0. Motion by Council Member Gokey to approve the closing of 38th Avenue from Pierce Street to Wadsworth Boulevard from 5:00am September 15, 2007 until 12:00am September 16, 2007 for the Wheat Ridge Taste of the Arts Festival. I further move to approve the Police Department providing security and traffic control for the Festival. I further move to approve the Public Works Department providing street sweeping for the Festival. I further move to approve Resolution 35-2007, a resolution amending the fiscal year 2007 General Fund Budget to reflect the approval of a supplemental budget appropriation for the funding for the Wheat Ridge Taste of the Arts Festival in the amount of $7,500.00. Motion seconded by Council Member Womble; carried 8-0. CITY COUNCIL MINUTES: August 27, 2007 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Page -3- Item 2. RESOLUTION 06-2007 - A RESOLUTION ADOPTING THE WADSWORTH CORRIDOR SUBAREA PLAN. Resolution 06-2007 was introduced by Council Member Berry, who read the Executive Summary. Mayor DiTullio opened the public hearing. Mayor DiTullio read aloud an anonymous letter sent to residences in the area of the Corridor Plan and spoke to the inaccuracies in the letter and answered many questions citizens had regarding the implications and impacts the Plan may have. Council Member and Mayor Pro-Tem, Mr. Stites, spoke in response to another anonymous letter which the Council believes makes inaccurate accusations. Council Member Schulz made comments to the audience regarding the inflammatory letters circulating the City and urged everyone to help the City build a positive and trusting relationship with the community by not giving credence to such tactics and instead participating in open discussion with Council. Sally Payne presented the staff report. The following citizens spoke regarding the Plan: David Ohmart, Jane LaPean, Patricia Fisher, Catherine Campbell, Jack Kent- Anderson, Tony Carpenter, Betty Hamplemen, Debbie Fidrich, Christine Disney, Louise Turner, Tom Slattery, Kent Davis, Gretchen Cerveny, Michael Cunningham, Joanne Fisher, Kevin Allason, Renee Bergstrom, and Kim Calomino. Concerns and issues expressed regarding the Plan included, but were not limited to: citizens have not been receiving notices; few people were informed who have houses within the Plan area; the Plan states it will supersede the 1999 Plan; it adopts NRS recommendations, which states that Council will have to consider condemnation; homes in the area of the Plan are susceptible to condemnation by future Councils; higher- density development will not attract affluent citizens to Wheat Ridge; other high-density areas in the City are rife with crime, blight, trash and other problems; the plan puts a new traffic light right in front of many peoples' existing homes; the plan affects homeowners' ability to sell their homes when, for how much, and to whom they wish; future development possibilities, particularly big-box stores, will prompt Council to condemn properties along the corridor; citizens of Wheat Ridge like the atmosphere it currently has - this plan changes that drastically; widening Wadsworth between 1-70 and 29ffi Ave doesn't solve the traffic problem when it still needs widening south of the corridor; the City needs to add features and amenities to the City to attract a strong community, rather than more residences; the Plan will affect people and properties, once it is passed; the proposed Plan automatically suggests that Council will do rezoning, density increases and condemnations; businesses and homeowners were disregarded in considering this Plan; it is strongly recommended that Council consider CITY COUNCIL MINUTES: August 27, 2007 Page -4- the two amendments proposed by the Wheat Ridge Planning Commission; the 150 foot width is not needed along the bulk of the corridor in the Plan; the minimum, 130 foot width needed for COOT's requirement is all that is needed in this Plan; a 10-foot sidewalk is unnecessary for the users that live in WR and presents a danger when it's big enough for bicyclists riding by these pedestrians; citizens of WR prefer the larger yards and atmosphere afforded by low-density living; the Plan will affect the noise levels and pollution around the homes; homeowners have no protection in this Plan that they will be forced to sell against their wishes; a 150-foot width ends up in many homeowners' backyards; many young families from the Highlands neighborhood are looking to WR for a good place to raise their families, and the Council should consider attracting them and other non-rental residents. Support and commendations for the Plan included, but were not limited to: Council is commended on their work to bring improvements to the area at the SE corner of 44th & Wadsworth, where there has been a vacant lot, empty buildings and a remnant concrete pad for many years; the most important thing is to get this (the Plan) passed and get it in front of COOT to put pressure on them to begin plans for improvements and get it on the DRCOG list of priorities; the Plan supports providing COOT ideas about how Wheat Ridge wants it developed; the plan was developed with direct input from the community, WR2020 ana the considerations in the NRS; citizens encourage and support Council in their efforts to improve the economic condition of WR; the Plan's high-density is not as high a density as exists in other, neighboring cities; the Plan proposes development that will attract economically strong households. Mayor DiTullio closed the public hearing. Motion by Council. Member Berry to adopt Resolution 06-2007, a resolution adopting the Wadsworth Corridor Subarea Plan with the following amendments: Strike, last sentence of paragraph 3;7, page 14: If densities of over 21 units per acre were to be considered, a City Charter amendment would be required. Strike instances of 'not to exceed 150 feet'; Insert '150 feet or less'. Seconded by Council Members Gokey and Rotola ; carried 8-0. Mayor DiTullio called for a break at 9:08pm, to reconvene at 9:20pm. CITY COUNCIL MINUTES: August 27, 2007 Page -5- Item 3. COUNCIL BILL 17-2007 -AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF CITY CLERK. Council Bill 17 -2007 was introduced on second reading by Council Member Sang, who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1397. Mayor DiTullio called for another 5-minute break at 9:24 to locate Council Member Gokey. Mayor DiTullio opened the public hearing. Michael Snow spoke in favor of the increased compensation to the office of City Clerk because he believes a more favorable salary and benefits is necessary to attract and retain quality candidates for the office. Mayor DiTullio closed the public hearing. Motion by Council Member Sang to adopt Council Bill 17-2007, an ordinance prescribing the compensation for the Office of City Clerk for terms commencing on and after the November 6, 2007 regular municipal election, on second reading, and that it take effect fifteen days after final publication; seconded by Council Member Gokey. Motion by Council Member Gokey to Amend the Ordinance to restore the Clerk's salary to the 2001 level of $37,000, and for the salary increase to be implemented in fiscal year 2008; seconded by Council Member Sang; failed 5-3 with Council Members Gokey, Sang and Stites voting Yes. Original Motion by Council Member Sang carried 5-3, with Council Members Rotola, Adams and Berry voting No. Item 4. COUNCIL BILL 18-2007 -AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF TREASURER. Council Bill 18-2007 was introduced on second reading by Council Member Stites, who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1398. Mayor DiTullio opened the public hearing. Larry Schulz stated that regardless whether Council passes this ordinance to grant benefits to the position, based on his financial situation, he would not be taking advantage of the granted benefits. CITY COUNCIL MINUTES: August 27,2007 Page -6- Mary Cavarra, the current City Treasurer, stated that it was a positive step that Council was for the first time, considering the City Clerk's and Treasurer's compensation independently, as they are very different jobs today. She also stated that an increased compensation could attract better candidates in the future, but it could also attract unqualified candidates who are interested only in the employee benefits. Mayor DiTullio closed the public hearing. Motion by Council Member Stites to adopt Council Bill 18-2007, an ordinance prescribing the compensation for the Office of Treasurer for terms commencing on and after the November 6, 2007 regular municipal election, on second reading, and that it take effect fifteen days after final publication; seconded by Council Member Sang; tied 4-4 with Council Members Womble, Adams, Rotola and Berry voting No and Council Members Gokey, Sang, Schulz and Stites voting yes; Mayor DiTullio broke the tie in favor; Motion carried 5-4. Item 5. COUNCIL BILL 20-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF MAYOR. Council Bill 20-2007 was introduced on second reading by Council Member Berry, who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1399. Mayor DiTullio opened the public hearing. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Council Member Berry to adopt Council Bill 20-2007, an ordinance prescribing the compensation for the Office of Mayor for terms commencing on and after the November 3, 2009 regular municipal election, on second reading, and that it take effect fifteen days after final publication; seconded by Council Member Sang and Gokey; carried 5-3, with Council Members Womble, Adams and Rotola voting No. CITY COUNCIL MINUTES: August 27, 2007 ORDINANCES ON FIRST READING Item 6. Page -7- COUNCIL BILL 21-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF CITY COUNCIL. Council Bill 21-2007 was introduced on first reading by Council Member Gokey. Motion by Council Member Gokey to approve on first reading, Council Bill 21-2007 prescribing compensation for the Office of City Council for terms commencing on and after the general election of November 6, 2007, order it published, public hearing set for Monday, September 10,2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Member Sang; tied 4-4 with Council Members Womble, Adams, Rotola and Berry voting No and Council Members Gokey, Sang, Schulz and Stites voting yes; Mayor DiTullio broke the tie in favor; Motion carried 5-4. Item 7. COUNCIL BILL 22-2007 - AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC DATABASE CERTIFIED BY THE STATE DEPARTMENT OF REVENUE TO DETERMINE THE JURISDICTIONS TO WHICH TAX IS OWED. Council Bill 22-2007 was introduced on first reading by Council Member Adams. Motion by Council Member Adams to approve Council Bill 22-2007 on first reading, order it published, public hearing set for Monday, September 10, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Member Stites; carried 8-0. Item 8. COUNCIL BILL 23-2007 - AN ORDINANCE AMENDING THE REQUIREMENTS FOR ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS. Council Bill 23-2007 was introduced on first reading by Council Member Adams. Motion by Council Member Adams to approve Council Bill 23-2007 on first reading, order it published, public hearing set for Monday, September 10, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Member Stites; carried 8-0. CITY COUNCIL MINUTES: August 27, 2007 DECISIONS. RESOLUTIONS AND MOTIONS Page -8- Item 9. RESOLUTION 33-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A LOAN TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY FOR THE PURCHASE OF PROPERTY LOCATED AT 7540 W. 44TH AVENUE IN THE AMOUNT OF $1.5 MILLION. Resolution 33-2007 was introduced by Council Member Stites, who read the Executive Summary. Motion by Council Member Stites to approve Resolution 33-2007; I further move that the loan only be processed if the Wheat Ridge Urban Renewal Authority is unable to obtain other financing to purchase the property located at 7540 W. 44th Avenue in the time required. I further move to authorize the Mayor to enter into any loan promissory agreement with the Urban Renewal Authority regarding the property located at 7540 W. 44th Avenue. Motion seconded by Council Members Schulz and Gokey; carried 8-0. Item 10. Urban Renewal Authority Appointments. Motion by Council Member Schulz to ratify the mayoral appointment of Tom Radigan to the Urban Renewal Authority, term to expire November, 2009; seconded by Council Member Gokey; carried 8-0. Motion by Council Member Schulz to ratify the mayoral appointment of Walt Pettit to the Urban Renewal Authority, term to expire November, 2012; seconded by Council Members Sang and Adams; carried 8-0. Motion by Council Member Schulz to ratify the mayoral appointment of Rick Adams to the Urban Renewal Authority, term to expire November 2012; seconded by Council Members Rotola and Stites; carried 7-0-1, with Council Member Adams abstaining. Item 11. Parks and Recreation Commission Appointment. Motion by Council Member Berry to appoint Beth McBride to the Wheat Ridge Parks & Recreation Commission, term to expire March, 2010; seconded by Council Members Schulz and Womble; carried 8-0. CITY COUNCIL MINUTES: August 27, 2007 ELECTED OFFICIALS' MATTERS Page -9- Mr. Stites urged citizens to have a safe holiday and to "find it and buy it in Wheat Ridge". Mr. Schulz congratulated Martin Perceval for the opening of the Martin Perceval School of Irish Dance, located on 32nd Ave in Wheat Ridge. Mr. Gokey thanked the unidentified man who helped him bring out members of District II to attend their district meeting. Mr. Gokey also thanked Wanda Sang for her assistance in having the district meeting, given her husband's condition. Ms. Berry welcomed and congratulated the Martin Perceval Irish Dance School for their recent opening. Ms. Berry also thanked the organizers for the successful Carnation Festival and to citizens for attending the meeting tonight and participating in the process of adopting the Wadsworth Corridor Plan. Ms. Berry further encouraged everyone to continue to stay involved and express their opinion and ideas in the process. Mr. Womble congratulated and thanked the organizers of the Carnation Festival success, specifically Mike Baran for his hard work. Mr. Womble also thanked Reef Abbott, and City staff for their help in making it a success. Mayor DiTullio thanked Carnation Festival organizers, including 14-year old Wheat Ridge High School student, Mike Meyers, who helped on the organizing committee. Mr. DiTullio also congratulated and welcomed the Martin Perceval Irish Dance School for their opening in Wheat Ridge. Mr. DiTullio noted the rehabilitation the proprietors made of the building. Meeting adjourned at 10:12p.m. /Jt.JLl>.- ~. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON September 10, 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: , . REQUEST FOR CITY COUNCIL ACTION ~~i."1 : ,_.;~,~]Ir! 1-'-1 rc.c'~:!t!j.~j I"~ . !-"---- lir~:.'~l~':'l COUNCIL MEETING DATE: September 10, 2007 TITLE: A REQUEST FOR A FINAL PLAT WITH A CUL-DE-SAC LENGTH VARIANCE FOR PROPERTY LOCATED AT APPROXIMATELY 3301 QUAIL STREET (CASE NOS. WS-07-01 & W A-07-04/CROWN LAND) IZJ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING Quasi,Judicial: IZJ Yes o No /~~ Community ~velop~nt Director ~:> City Mana~ ,(<$ cY EXECUTIVE SUMMARY: Crown Land is requesting consideration of an II ,lot subdivision plat with a cul,de,sac length variance. The property is currently zoned R,1, Residential,One and is located at approximately 3301 Quail Street. The subject parcel is 9.14 acres in size 'and is currently vacant. This request relates to City Council's goals of the Strategic Plan for being prepared for growth and opportunities and providing quality housing stock. Planning Commission heard the requests on August 2, 2007 and recommended denial of the cul,de,sac length variance and approval of the subdivision plat. An associated Class I Floodplain exception was also denied (Case No.. WF,07,OI). This portion ofthe request has been withdrawn by the applicant as it can be approved administratively by the Flood Plain Administrator. COMMISSIONIBOARD RECOMMENDATION: Plauning Commission heard the requests on August 2, 2007 and took the following actions. Cul-de-sac length variance (Case No. W A-07-04): A motion to approve the cul-de-sac length variance was made for the following reasons: 1. Staff has concluded that granting of the variance would not alter the character of the area. 2. There are several cul-de-sacs serving subdivisions in the vicinity which exceed 500'in length thereby setting precedent. 3. There are unique challenges with the property due to the pass-through tributary to Lena Gulch, existing utilities and grade changes which preclude alternate access designs. 4. Granting of the variance should not impair the amount oflight and air to adjacent properties, increase congestion in the public streets or increase fire danger. Because this was a variance, a '% majority of the Commissioners present (5 positive votes out of the 6 members present) was needed to approve the motion: The vote was 4 in favor and 2 against; therefore the motion failed to pass and a recommendation of denial was given. ll"lot major subdivision plat (WS-07-01): A motion was made to approve the subdivision plat for the following reasons: 1. All lots meet or exceed the R -I development standards. 2. The developer has attempted to maintain the integrity of the natural features on the property. 3. The drainage report is approved. 4. With the exception of the street length, all requirements of the Subdivision Regulations have been met. With the following conditions: 1. The existing and proposed floodplain lines shall be shown on page 2 of the document. 2. An area shall be reserved in a tract as future right-of-way to provide access to a potential future filing to the south. This reservation would be located in what is currently shown as Tract C where the boundary of Tract C intersects the prospered right-of-way for 33m Drive. 3. The applicant shall resolve sanitary sewer service easement issues with Northwest Leadwood Sanitation prior to City Council public hearing. 4. Staffs recommended language regarding Tract A shall be added to the first page of the plat document. 5. Modifications to the Homeowner's Association Covenants shall be made prior to City Council public hearing. 6. An approved LOMR (Letter of Map Revision) shall be required prior to any modification of the existing Lena Gulch drainage way and lOO-year floodplain on the site. With regard to the conditions placed on the plat approval, conditions 1 through 4 have been complied with or reflected on the plat. Staff is continuing to work with the applicant on the HOA covenants (condition #5). Condition #6 will be included in the recommended motion. Class I floodplain exception (WF-07-01) A motion was made to approve the Class I floodplain special exception permit for the following 2 reasons: - 1. The street construction will have negligible impacts on the existing floodplain. 2. There will be no adverse impact on adjacent property. 3. The floodplain administrator has reviewed and approved the Class I special exception study. With the following conditions: L Until the floodplain improvements and LOMR are approved, additional construction in the floodplain will require a Class II floodplain exception. 2. No construction, including fences, shall be allowed within the existing limits ofthe Lena Gulch Access and Maintenance Easement. Because this was a special exception action, a}.; majority of the Commissioners present (5 positive votes out of the 6 members present) was needed to approve the motion. The vote was 3 in favor and 3 against; therefore the motion failed to pass and a recommendation of denial was given. The applicant has withdrawn this portion of the request for City Council consideration as it can be approved administratively. (Attachment 2, Applicant letter) The Parks and Recreation Commission is recommending fees in lieu of dedication. (Attachment 3, Parks Commission memo) STATEMENT OF THE ISSUES: The primary issue of controversy surrounding this request is the length of the cul-de-sac bulb. If the cul-de-sac bulb variance is not approved, then the subdivision as proposed cannot be approved and will have to be redesigned. The Subdivision Regulations specifY that the center point of a cul-de-sac bulb be no longer than 500' between it and the center point of the intersecting street. In this case, Quail is the street that intersects with W. 33rd Drive and the measurement to the center of the cul-de-sac bulb is 904.38', requiring a variance of 404.38'. This provision is in place primarily to address emergency access issues and to encourage an integrated public street system instead of a series of unconnected cul-de- sac bulbs. Alternative circulation and access scenarios for the site were explored. Those alternatives included extending 33rd Drive west to the western property line and creation of a street south to align with Robb Circle on the south side of 32nd Avenue. There are grade differences and an existing storm sewer line located between the east side of the Applewood Baptist and the property to the west which precludes a public street at this location. Another alternative would be to extend W. 33rd A venue to the west to connect to W. 33rd Avenue extending east from Routt as platted in the Applewood Brookside Subdivision. There is a vacant connecting parcel owned by a different property owner who would have to participate to accomplish this. This property owner is not interested in having a street connection through his property. (Attachment 4, Alternative street connections) Other alternative designs included relocation of the flow-through drainage from its natural course to 3 run behind the houses along Quail Street. This scenario required a great deal of fill dirt to be brought onto the site (as much as 11 ') in order to convey flows appropriately to Lena Gulch. Concerns with this design are the aesthetic impact due to the fill required and safety issues with a walled detention area adjacent to existing homes. The subdivision could be redesigned meeting the SOO' standard however, that would result in the use of private drives for access to the most northerly lots. With this scenario, staff would have concerns about the amount of impervious area and complications for emergency access. There are other cui-de sac bulbs in the immediate vicinity that exceed the SOO' limitation. Those would include Routt Street extending north of 32nd Avenue (6S0'), Quail Street extending north from 33rd Avenue (S70') and Quail Street extending south from 38th Avenue (780'). It is Staffs opinion that the design presented is the most environmentally sensitive scenario possible. This design maintains the flow-through channel in its existing location making it an amenity and allowing many of the large trees that grow along its course to be maintained. Keeping of the natural grade maintains views for the homes along Quail Street. Several neighbors attended the Planning Commission meeting and spoke to the application regarding a variety of topics ranging from wildlife preservation to floodplain concerns. The applicant met with the neighbors on August 16, 2007 to discuss alternate subdivision and drainage design options. (Exhibit S, Neighborhood meeting invitation) ALTERNATIVES CONSIDERED: Do not approve the cul-de-sac variance and plat. FINANCIAL IMPACT: The City has received a one-time application fee for the land use application. The City will receive building permit fees and use tax for each single family structure. Once constructed, the City will receive property tax revenues from the development. RECOMMENDED MOTIONS: There are two separate requests associated with this application. Two separate motions are required. Cul-de-sac lenl!th variance (Case No. W A-07-04): A three-fourths vote olthe members present is required to approve the variance. "1 move to approve Case No. W A-07-04, a request for approval of cul-de-sac length variance for property located at approximately 3301 Quail Street, for the following reasons: 1. Staff has concluded that granting of the variance would not alter the character of the area. 2. There are unique challenges with the property due to the pass-through tributary to Lena Gulch, existing utilities and grade changes which preclude alternate access designs. 3. Granting of the variance would allow the subdivision to be developed in way which is environmentally sensitive and less impactive to residents along Quail Street. 4. There are several cul-de-sacs serving subdivisions in the vicinity which exceed SOO'in length 4 thereby setting precedent. 5. Granting ofthe variance should not impair the am_ount oflight and air to adjacent properties, increase congestion in the public streets or increase fire danger. With the following conditions: 1. During construction alternate access be provided by the 25' wide access easement through Lot 1 of App1ewood Baptist Church Subdivision, 2. Fees in lieu of dedication be'required at the time of building permit issuance for individual house construction" ll-Iot maior subdivision nlat (Case No. WS-07-0n: "I move to approve Case No. WS-07-01, a request for approval of an II-lot major subdivision at approximately 3301 Quail Street, for the following reasons: 1. All lots meet or exceed the R -I development standards. 2. The developer has maintained the integrity of the natural features on the property. 3. The drainage report is approved. 4, With the exception of the street length, all requirements of the Subdivision Regulations have been met. With the following conditions: 1. The applicant continue working with staff on modifications to the Homeowner's Association Covenants. 2. An approved LOMR shall be required prior to any modification of the existing Lena Gulch drainage way and IOO-year floodplain on the site." Report Prepared by: Meredith Reckert, 303.235.2848 Reviewed by: Sally Payne Attaclunents: 1. City Council staff report (with exhibits) 2. Applicant letter 3. Parks and Recreation Commission recommendation 4. Alternative street connections 5. Neighborhood meeting invitation 5 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: August 2, 2007 CASE MANAGER: Meredith Reckert CASE NO. & NAME: Case Nos. W A-07 -04/WS-07-01lWF-07-01lCrown Land Dev. ACTION REQUESTED: Approval of an 11 lot major subdivision with a cul-de-ac length variance and a Class I special exception floodplain permit in R-l zoning LOCATION OF REQUEST: Approx. 3301 Quail Street NAME & ADDRESS OF OWNER(S): Crown Land Development APPROXIMATE AREA: 9.14 acres PRESENT ZONING: R-l, Residential-One PRESENT LAND USE: Vacant property ENTER INTO THE RECORD: (X) ZONING ORDINANCE (X) CASE FILE AND PACKEr MATERIALS (X) DIGITAL PRESENTATION Planning Commission Case No. W A-07-04/WS-07-011WF-07-0l/ Crown Land Dev. 1TE ATTACHMENT 1 JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The property owner requests approval of an eleven-lot major subdivision on 9.14 acres of property located at approximately 3301 Quail Street. The property in question is zoned R-l, Residential-One. (Exhibit 1, applicant letter) The property was platted as Lot 2 of the Applewood Baptist Church (ABC) subdivision plat which was approved by Planning Commission on October 19,2006. The subdivision divided the 14 acres into two lots. (Exhibit 2, ABC Subdivision plat) A condition was included in the approval that parkland assessment be determined at the time of development of Lot 2 (rear lot). R-l zoned property abuts the parcel on all sides. Adjacent land uses include single family residential to the east, vacant property to the west with single family residential beyond. The Applewood Baptist Church education building and property abut the parcel to the south and Lena Gulch defines the northern property line. There is a Lena Gulch tributary which traverses the lroperty having a basin beginning on the south side of 32nd Avenue in Lakewood, continuing under 32n Avenue through an adjacent parcel and entering the property at the very southeast comer. This tributary moves across the property in a northwestern direction until it's confluence with the Gulch. The northwest portion of the property is encumbered by 100-year flood plain. This existing floodplain line is best depicted on page 4 of the plan set. (Exhibit 3, Quail Hollow Subdivision) The original property as platted has no direct street frontage, rather a 25' wide access easement to 32nd Avenue through Lot 1 of the ABC Subdivision. In order to provide access to a public street, a previously platted property which has direct frontage on Quail Street has been included in the subdivision. This parcel is owned by private individuals who are a party to the application. In order for the subdivision to be approved, the following must occur.in the order listed: 1. Granting of the variance to the maximum cul-de-sac length. (A three-fourths vote of the members present is needed to approve a variance.) If this request is approved, then the following must occur. 2. Approval of an II-lot major subdivision plat. If this request is approved then the following must occur: 3. Approval of a Class I special exception to the floodplain to allow street and other subdivision improvements. (A three-fourths vote of the members present is needed to approve a variance.) Planning Commission Case No. W A-07-04/WS-07-0 1/WF-07-0 II Crown Land Dev. 2 II. AGENCY REFERRALS The proposal was referred to all of the appropriate city departments and outside agencies. All responding agencies have indicated that they can serve the property and the applicant will bear the cost of installing improvements to the property. Wheat Ridge Public Works: Is in the process of reviewing a final drainage report and plan. A CLOMR will be required prior to any improvements to the 100-year floodplain and the Lena Gulch stream channel. A Class I floodplain impact report has been submitted and is under review. Traffic generation information has been submitted with the conclusion that there will be minimal impact to Quail Street (around 120 trips per day). Wheat Ridge Police Department: No issues. Consolidated Mutual Water District: Can serve the property subject to rules and regulations of the district. Northwest Lakewood Sanitation District: Has an existing sanitary sewer main in Quail Street and another main on the south side of Lena Gulch. A connection will be required to serve the property from the mainline adjacent to Lena Gulch. There appears to be some question relative to the existing easement and line location which must be resolved. Wheat Ridge Fire Protection District: The installation of at least one hydrant will be required at a half-way point into the subdivision. During the construction phase, at least two ways must be provided into the subdivision. The existing 25' wide easement through the church property will be adequate for secondary access. Urban Drainage and Flood Control District: UDFCD is in the process of completing a new master plan and floodplain delineation study for Lena Gulch. An approved CLOMR will be required prior to any modification of the existing Lena Gulch drainage way and land encumbered by 100-year flood plain on the site. Xcel Energy: Has requested their standard easement language which has been included on the plat cover sheet. III. NEIGHBORHOOD MEETING Neighborhood meetings are not required for subdivision applications. However, the applicant held one on January 3, 2007, to discuss the proposal with the area property owners. Nine area residents were in attendance (Exhibit 4, Sign Up Sheet). IV. SUBDIVISION DESIGN The plat will subdivide the property into 10 new lots to be developed with single family structures. AIl lots meet or exceed the R-l minimum lot size of 12, 500 s.f. and lot width of 100'. The subdivision includes an existing parcel on Quail Street s a portion of that lot can be purchased and used for street access to Quail. The lot from which the land will be removed has Planning Commission Case No. W A-07-04/WS-07-0 1/WF-07-0I! Crown Land Dev. 3 an existing single family residence on it. The property acquisition will not reduce the lot below the R-l development standards for lot size and width. A new street called W. 33'd Drive will be extended west from Quail Street for access into and through the subdivision. It is a full-width dedicated local street with 50' of width. Curb, gutter and sidewalk will be installed on both sides of the street. There are several tracts shown on the plat. Tract A encompasses the Lena Gulch drainage way and the portion of land encumbered by 100-year floodplain. Tract B at the southeastern comer of the property will be utilized as a landscaped entrance feature and will be maintained by the homeowners' association. Tract C will function as a detention pond and will be maintained by the homeowners' association. An existing detention easement which was platted with the original ABC subdivision is not required for detention anymore and is being vacated by this document. A representative from the church will be signing the mylar to acknowledge the vacation before mylar recording. Staff is somewhat concerned regarding the potential for Lot 1 of ABC Subdivision to develop residentially. In December of 2006 the Applewood Baptist church was denied their request for SUP to allow expansion of the existing education building and parking improvements. Since then, there have been inquiries about the potential for the vacant portion of that lot to be split off and developed into single family homes. As such, Staff is requiring reservation of a 50' wide stub at the southeastern comer of Lot 10 from W. 33'd Drive to the southern subdivision boundary for future public street access to allow for a future extension of a public street system into this area. This reservation needs to be reflected on page 2 of the plan set. On-site drainage When raw land is developed, historic drainage coming into and being released from the site must be maintained. Because the minor tributary to Lena Gulch has historically crossed the property, the developer must continue to accommodate its flows. The tributary is being left in its current location and made an amenity to the site as it runs along the common boundaries between several lots. It will be located in a 40' drainage easement and will be maintained by the HOA. Please see the "Creek Section Improvement" section detailed on page 4. The developer had explored the feasibility of relocating this water feature against the eastern property line but this design required a great deal of fill dirt to be brought in. There will be two street culvert crossings of the tributary as it travels through the subdivision. Much of the on-site flow drains to the street gutter and to the proposed storm sewer located before the second stream crossing and into a water quality structure before ultimately releasing into the tributary. Flows from lots 6 and 7 and undeveloped Tract A will flow into Lena Gulch. Additional flows and historical offsite flows will run across the southern boundary of the subdivision to a pond located in Tract C at the southwest comer of the site and then released into an existing storm sewer which flows to Lena Gulch. The portion of the site designated as Tract A is encumbered with 100-year floodplain. It is the intent of the developer to file a CLOMR (Conditional Letter of Map Revision) with FEMA to Planning Commission Case No. WA-07-04/WS-07-011WF-07-011 Crown Land Dev. 4 allow modification of Lena Gulch to attempt to reclaim additional land for development. Once a CLOMR is approved, the portion of Tract A south of the existing gulch will be resubdivided into three additional lots. The developer will then improve Lena Gulch to contain flood waters currently impacting the portion to the south to allow for the extra three lots. A separate minor subdivision process shall be required for this resubdivision. Staff has requested specific language to be added to front sheet of the plat as follows: "Tract A is to remain a non-buildable tract until such time as a LOMR revising the 100-year floodplain limits is approved. The maintenance of Tract A shall remain the responsibility of the HOA until the time of further development." The City of Wheat Ridge in conjunction with Urban Drainage and Flood Control District is in the process of adopting a new Flood Hazard Delineation Plan for Lena Gulch. This document will not be adopted by the City until the fall of2007. The plan shows a channelization scenario for the gulch but it is not the section proposed by the developer. This alternate improvement plan will be reviewed by FEMA through the CLOMR process. Parkland dedication The parks and recreation commission are asking for fees in lieu of dedication. V. VARIANCE CRITERIA Pursuant to Section 26-416.C.2. of the Subdivision Regulations, the center point of a cul-de-sac bulb shall not be longer than 500' between it and the center point of the intersecting street. In this case, Quail is the street that intersects with W. 33rd Drive and the measurement to the center of the cul-de-sac bulb is 904.38', requiring a variance of 404.38'. (Exhibit 5, Applicant letter) This provision is in place primarily to address emergency access issues and to encourage an integrated public street system instead of a series of unconnected cul-de-sac bulbs. Staff would point out that there are other cui-de sac bulbs in the immediate vicinity that exceed the 500' limitation. Those would include Routt Street extending north of32nd Avenue (650} Quail Street extending north from 33rd Avenue (570') and Quail Street extending south from 38' Avenue (780'). Alternative circulation and access scenarios for the site were explored. Those alternatives included extending 33rd Drive west to the western property line and creation of a street south to align with Robb Circle on the south side of32nd Avenue. There are grade differences and an existing storm sewer line located between the east side of the Applewood Baptist and the property to the west which precludes a public street at this location. Another alternative would be to extend W. 33rd Avenue to the west to connect to W. 33rd Avenue extending east from Routt as platted in the Applewood Brookside Subdivision. There is a vacant connecting parcel owned by a different property owner who would have to participate to accomplish this. This property owner is not interested in having a street connection through his property. Staffhas the following comments regarding the criteria used to evaluate a variance request. Planning Commission Case No. W A-07-04/WS-07-0 I/WF-07-0 1/ Crown Land Dev. 5 City Council shall base its decision in consideration of the extent to which the applicant demonstrates a majority of the following criteria have been met: A The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. The property can still be used if the variance is not granted. However, the resulting subdivision design would impact the drainage way traversing the property. B. The variance would not alter the essential character of the locality. Staff has concluded that granting of the variance would not alter the character of the area. There are several cul-de-sacs serving subdivisions in the vicinity which exceed 500' in length. Applewood Knolls 12th Filing Subdivision was platted in 1975. The Applewood Brookside Subdivision to the west where Routt Street is 675' long was platted in 1983. The 500' cul-de-sac restriction has been in the subdivision regulations since original adoption in 1972. Alternate designs were cost prohibitive based on grade, natural water features, utility challenges or intervening property. C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The property can be developed whether or not the variance is granted. However, the developer has strived to take advantage of the natural features on the site and made them an amenity. This may not occur if the cul-de-sac variance is denied. D. The particular physical surrounding,_ shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. There are unique challenges with the property due to the pass through tributary to Lena Gulch which must be accommodated. Alternative designs included the rerouting of this drainage way against the eastern property line, shortening the length of the street. Staff believes this design which required a great deal of fill dirt to be brought in would have had a greater impact to the homes on Quail Street. E. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The difficulty has been in designing a project with appropriate access to a public street. Differences in grade, existence of utilities and intervening property ownership have precluded other designs. Planning Commission Case Nos. W A-07-04/ WF-07-0l/ WS-07-0l/Crown Land Dev. 6 F. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. Granting of the variance should not impair the amount ofIight and air to adjacent properties. The longer cul-de-sac will not result in congestion in the public streets. The fire district has reviewed the design and has concerns only about the construction phase in that an alternate access through Lot I of the ABC Subdivision be provided. G. The unnsual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are other nonconforming cul-de-sacs in the area; therefore, this request is not unique to the property. H. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Approval of the variances would not result in the accommodation of a person with disabilities. I. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Low density residential development is not subject to the requirements of the Architectural and Site Design Manual. Staff has requested specific language to be added to front sheet of the plat as follows: VI. CLASS I SPECIAL EXCEPTION PERMIT The floodplain regulations recognize two types of exception permits. A Class I permit is for construction of non-habitable structures such as sheds and fences or for the placement of fill or deposition of material. Class II exception permits are required for structures for human occupancy. The applicant must receive approval of a Class I Special Exception Permit to allow street and other subdivision improvements in the Lena Gulch I DO-year floodplain. The applicant has submitted a report which analyzes the impact of the improvements on the 1 DO-year floodplain. The flood plain administrator has reviewed the analysis and Planning Commission Case Nos. W A-07 -041 WF -07 -011 WS-07 -0 1/Crown Land Dev. 7 concluded that construction of a portion of the street and other required improvements will have negligible impact on the floodplain. VII. RELATED CORRESPONDENCE Attached is correspondence received from an adjacent property owner to the east. (Exhibit 6, Letter) VIII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff recommends approval of all three components of the request with the conditions listed in Section IX of this report. IX. RECOMMENDED MOTIONS VARIANCE TO CUL-DE-SAC LENGTH (A three-fourths vote of the members present is needed to approve a variance.) "I move to approve Case No. W A- 07-04, a request for approval of cul-de-sac length variance for property located at approximately 3301 Quail Street, for the following reasons: 1. Staff has concluded that granting of the variance would not alter the character of the area. 2. There are several cul-de-sacs serving subdivisions in the vicinity which exceed 500' in length. 3. There are unique challenges with the property due to the pass through tributary to Lena Gulch, existing utilities and grade changes which preclude alternate access designs. 3. Granting of the variance should not impair the amount oflight and air to adjacent properties, increase congestion in the public streets or increase fire danger. With the following condition: 1. During construction alternate access be provided by the 25' wide access easement through Lot 1 of Applewood Baptist Church Subdivision." SUBDIVISION "I move to approve Case No. WS-07-01, a request for approval ofan II-lot major subdivision at approximately 3301 Quail Street, for the following reasons: 1. All lots meet or exceed the R -1 development standards. 2. The developer has attempted to maintain the integrity of the natural features on the property. 3. The drainage report is approved. Planning Commission Case Nos. W A-07-04/ WF-07-01/ WS-07-0I/Crown Land Dev. 8 4. With the exception of the street length, all requirements of the Subdivision Regulations have been met. With the following conditions: 1. The existing and proposed floodplain lines be shown on page 2 of the document. 2. An area be reserved iI\ a tract as future right-of-way to provide access to a potential future filing to the south. This reservation would be located in what is currently shown as Tract C where the boundary of Tract C intersects the proposed right-of-way for 33rd Drive 3. The applicant resolve sanitary sewer service easement issues with Northwest Lakewood Sanitation prior to City Council public hearing. 4. Staff's recommended language regarding Tract A be added to the first page of plat docmnent. 5. Modifications to the Homeowners" Association Covenants be made prior to City Council public hearing." 6. An approved CLOMR be required prior to any modification of the existing Lena Gulch drainageway and 100-year flood plain on the site." CLASS I SPECIAL EXCEPTION PERMIT (A three-fourths vote of the members present is needed to approve a floodplain special exception permit) "1 move to approve Case No. WF-07-0l, a request for approval Class 1 special exception permit for construction of street and other public improvements in the Lena Gulch 100- year floodplain for property located at approximately 3301 Quail Street, for the following reasons: 1. The street construction will have negligible impacts on the existing floodplain. 2. There will be no adverse impact on adjacent property. 3. The flood plain administrator has reviewed and approved the Class 1 special exception study. With the following condition: 1. Until the floodplain improvements and LOMR is approved, additional construction in the floodplain will require a Class II Floodplain exception. 2. No construction, including fences, shall be allowed within the existing limits of the Lena Gulch Access and Maintenance Easement." Planning Commission Case Nos. W A -07 -04/ WF -07 -01/ WS-07 -0 1/Crown Land Dev. 9 CROWN LAND DEVELOPMENT, LLC P.O. Box 5148 Wheat Ridge, CO 80034-5148 (303) 233-4483 February 21,2007 Community Development Staff CITY OF WHEAT RIDGE 7500 W. 29th Ave. Wheat Ridge, CO 80215 Re: Letter of Request Indicating Full Intent and Purpose Proposed Development at 33rd and Quail Ladies and Gentlemen: Thank you for taking the time to consider and make comments on the proposed development at 33rd and Quail. Location: The subject property is Lot #2 of the Applewood Baptist Church Subdivision. Access: Dr. Macarthur Hill has agreed to join Lot 6B, Lot 5 and 10' of Lot 4 of the Applewood Knolls, Filing 12 in this replatting, to allow the use of a portion of his property fur access from 33rd and Quail. Proposed Development: We would like to subdivide into 14 R-I single family home sites. Roadways: The extension of33rd Avenue on the east side of the property would enter the subdivision as a single entry point. Flood Plain: The northern approximate 2 acres of the subdivision is within the 100-year Lena Gulch flood plain. It is our intention to discuss options to improve the Gulch in hopes of recovering a portion of the 2 acres. Open Space Dedication: We would consider dedicating some portion of the property within the flood plain to the City of Wheat Ridge. Again, thank you fur taking the time to review and make comments on the proposed project. I look forward to meeting with you to discuss the future use of the property. If you need to get in touch with me, please contact me at 303-233-4483 (office) or 303-807-0350 (cell phone). Yours truly, l~./Jl.,(cY EXHIBIT 1 '" (;.;/2. ~ Ccp 'f Ouail Hollow Community Meeting January 3rd 2007 Name: Address: Phone: ~ <?I,,~. Y.. f/'d l~, I m4<~rJl",-/ '"P l1'i- ryj..v "'-r> n1,. u u2;lSMtf ( ,,6 S~/ t1Jf)Obo~Y' 71J:1Rf2 CD :53vd--d~ ;11E~ ()~ U-vw~. ~J> 'if'"/rQV.ll~t ~01r-7-$'2--Jo~ ~~"" 5't'''7-~ :3 'J -rs- <1", 0 t L,J1- .3' rJ -~, ~ -, /:J a '-k' U:Q~ ~d!.. 3 CJ.-9~ c::DuC<,.l ( 5?f. ~/;).3d-- ?"~'7..s' 'RftL.pH "-~i W,20l~2:Z"8 ~?'/..<;~ 7/Jv~o t:./l? / I.;LC;-~ ~) ~ Ir,@ '. ~CI? -4;;..). ":;7-31 ~A &IP;pARll -gtfle:;' (jJfAAIL 'it": :2.':)7' ;),,33. f3o;z5! 17HG.,/ <l n... ~f>t,,\"....t- 3':11~ Q....~: ( st. 30~' )'31, QIS)O EXHIBIT 4 CROWN LAND DEVELOPMENT, LLC P.o. Box 5148 Wheat Ridge, CO 80034-5148 (303) 233-4483 u@1a)fi;)(\9~m ..[1- -1.3--o-1}lJ July 23, 2007 The City of Wheat Ridge Planning Commission 7500 W. 29th Ave. Wheat Ridge, CO 80033 Re: Variance Request, Quail Hollow Subdivision Dear Members of the Planning Commission: Thank you for hearing our request for a variance to the 500' maximum cul-de-sac length requirement. The pwpused Quail Hollow Subdivision located at 3301 Quail St. is an infill subdivision surrounded by existing single fumily homes to the east, the Applewood Baptist Church to the south, and non-accessible privately owned tracts on all other sides. The access to the property is proposed to be an extension ofW. 33'd Dr. at Quail St. There is only one viable access to the property. Other possible points of access are not capable of being constructed due to """"'''me grade differentials or existing storm drainage systems. Since there is only one point of access to the property, the length of that access is in question; however, we have met with the fIre marshal to de;"uu:..,e the requirements of the fire district to insure that any needs they may have in relationship to the turning radius ofthe emergency equipment have been met. The size and configuration of the proposed cul-de-sac do meet these requirements. Please take into consideration that we are not requesting this variance in an ";;,,,"1'; to maximize the density of our subdivision. We have exceeded the required lot size on all of the proposed sites in order to insure a subdivision that would be consistent with the surrounding neighborhood. In conclusion, thank you again for hearing this request for a variance, and please allow our subdivision to be a positive and productive part of the City of Wheat Ridge. EXHIBIT 5 Page 1 of 1 Meredith Reckert From: Joyce Manwaring Sent: Thursday. July 05. 2007 8:50 AM To: Meredith Reckert Subject: FW: Applewood Baptist Church field Meredith, For your information. Joyce Joyce Manwaling, Director Parks and Recreation 4005 Kipling St. Wheat Ridge, CO 80033 (303) 231-1308 (303) 231-1350 FAX jman w31ing@ci.wheatridge.co.us www.ci.wheatridge.co.us From: Lhgibbardcspe@aol.com [mailto:Lhgibbardcspe@aol.com] Sent: Tuesday, July 03,20073:40 PM To: Joyce Manwaring Subject: Re: Applewood Baptist Church field Thank you for your message. It may interest you and the City of Wheat Ridge to know that with the exception of one (1) homeowner (Dr. and Mrs. Macarthur Hill) 6n the east side of the subject property NO ONE wants to see this property developed EXCEPT the developers! That property is teeming with wildlife that will be permanently displaced. None oflhose creatures that call that property home will return after it has been deveioped. What we do to our wlidlife, we do to ourselves. When we have so little regard for creatures who have no voice in what becomes of them, one day we will (and in some instances, this is already the case) have little regard as to how our actions impact our fellow humans. Both the City of Wheat Ridge and Jefferson County should be doing ALL that they can to preserve this property for open space and wildlife habitat. Likewise, they should also both be ashamed for turning a blind eye to the irreversible impact/irreparable harm that development will have on creatures'who live, breed, and raise their young in that open space. In case no one has bothered to investigate. the Canadian geese use that area during the winter for a resting spot along their flight path. They forage for food back there. They practice "touch-and-go" iandings. We enjoy watching their young learning to fly back there. We enjoy hearing them trumpet greetings as well as warnings to one another and their natural predators. Foxes mate and have their kits in that field. The only people who want to see that field developed are the Hills and the developers for their personal. selfish monetary gain. They care not one iota about what any of the other families whose properties adjoin that space think or want to see happen back there. Does the City of Wheat Ridge REALLY need that property developed? I think not. It is nothing less than utterly ABSURD to say that it needs what little extra revenue it will generate paid into its coffers. Isn't that what CABELA'S is supposed to do? Make the City of Wheat Ridge megabucks? The powers that be in the City of Wheat Ridge right now are ruining Applewood with their iust for dollars. The people who have lived here for decades are NOT impressed with your "glorious" plans. Very truly yours, Linda Gibbard See what's free at t>.OL.r.om. EXHIBIT 6 7/24/2007 CROWN LAND DEVELOPMENT, LLC P.O. Box 5148 Wheat Ridge, CO 80034-5148 (303) 233-4483 August 24, 2007 ~1C:1g){'Wf)~flJ .!I8 - z... <{- o7llJl Ms. Meredith Reckert Senior Planner CITY OF WHEAT RIDGE 7500 W. 29th Ave. Wheat Ridge, CO 80033 Re: Withdrawal of Flood Plain Exception Dear Ms. Reckert: Please accept this letter as a formal request to withdraw our application for Case No. WF-07-01 for a Class 1 Flood Plain Special Exception Permit. Due to the timing ofthe flood plain master plan study, the need for this exception no longer exists. In the event that, after the acceptance of the master plan study, there becomes a need for a Class I Flood Plain Special Exception Permit, we will make that request at that time. L/lI. Steven S. McKendry Partner SSM:skm ATTACHMENT 2 MEMORANDUM To: Meredith Reckert, Senior Planner JC~(WI)~' if - 8"-o:?' From: Joyce Manwaring, Parks and Recreation Director Re: Bike/Pedestrian Path from Prospect Valley to Lewis Meadows in association with the Quail Hollow Development Date: July 20, 2007 Based on the Park and Recreation Commission discussion regarding the Quail Hollow subdivision and the subsequent motion passed to ask for fees in lieu of land, I am sharing the following comments and consensus by the commission regarding the development. The following are guidelines we believe should be part of this project 1) Construction changes associated with the Quail Hollow Project to mediate the effect of the flood plain around Lena Gulch should be designed and implemented in such a way as to provide an immediate or future opportunity to incorporate a Bike / Pedestrian path connecting Lewis Meadows and its surrounding neighborhood with the Prospect Valley Elementary School and its surrounding neighborhood for the following reasons: a. Provide a safer and more effective path for children to travel to and from school. This path may encourage children and their families to walk to school which could reduce traffic congestion around the school and on 32nd Avenue during heavily traveled rush hour times. The ability of citizens to walk or bicycle rather than drive also supports the goals of the Thriving Wheat Ridge Organization. b. Provide better access and connectivity for pedestrian and bike use to both Lewis Meadows and Prospect Valley Elementary School for the surrounding neighborhoods to pursue a variety of recreational activities in support of the goals established in the Park and Recreation Master Plan. 2) It is our desire that changes to Lena Gulch are designed in such a way as to provide the most "organic" appearance and minimize the amount of concrete "channeling". The Park and Recreation Commission is aware of the political sensitivity surrounding the original inclusion of Lena Gulch Bike / Pedestrian Trail and the subsequent removal from the final version of the Park and Recreation Master Plan. It would be our goal that those areas where a trail along the path of Lena Gulch is not feasible be identified and stated overtly as such by City policy. However, in some areas where a path is potentially feasible (e.g. adequate space along the creek, minimal negative impact on houses proximate to the path, provides a significant benefit for the adjacent neighborhoods and/or the city at-large) such as, in our view, the section along the Quail Hollow development, funds should be appropriated and a process put in place to determine the cost benefit opportunity of designing, constructing and maintaining an addition to the City's trail system. ATTACHMENT 3 .~:...~ .,~ ...;./' ~ .~'1rj.ll f:,' '.' '1'l" . .' . .&'~' , >. .". .~ ..... ) 'Y.-. ';' L .l;'. ...;;& - '""",~- I~ 11 ,I . "2 - " ,... ~. ~,.. .~ '''''.,. ., ., ~,:;" ..AII_~., . ~~~~'~~~;;;;~,t&Wrci~,:,_>,,"-, __....0.: -. . .... 11-". .~~ f,,'~ ,. ._.:._~~~:' ~-~:_".'~;;,~:-::,.:~~: -. :'~:;,::.:o-'-==:::'L'=~~'~'i'r'~~~~ _ ,w> '-~lU~" ".~ " ..~~i' ...... .k".. , ~ . ~. ,'-<0".' c_. . . L-~:"l /'-... ATTACHMENT 4 ~ IY1. R...eku- f ~P'l CROWN LAND DEVELOPMENT, LLC P.O. Box 5148 Wheat Ridge, CO 80034-5148 (303) 233-4483 August 16, 2007 ~~)~(\9~ 9'- Z.l Ms. Loui Turner 1110 . 38th Ave. at Ridge, CO 80033 Re: Information Meeting Dear Ms. Turner: You are cordially invited to attend an informational meeting on Wednesday, Au~ust 22,2007, from 6:30 to 7:30 pm, at the Quail Hollow development at 33r and Quail Streets. The purpose of the meeting is to communicate an alternate plan for the development of Quail Hollow. This is a voluntary meeting, not required by the City of Wheat Ridge; thus the City will not be represented. There will be a "question and answer" period. We look forward to seeing you. Yours truly, ~j./~ Steven S. McKen<J.ry Partner SSM:skm / cc: City of Wheat Ridge ATTACHMENT 5 ~ "4.:' , ~ ~~' -.HOAr ", ~ " - 0 o ~ ''oLOR/>.Q() ITEM NO: :1. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27,2007 THLE: COUNCIL BILL 21-2007: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY COUNCIL ~ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) ~ ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No ~ City Clerk- 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 bene fits, at which time benefit options ceased for the office of City Council. At the August 13, 2007 Council Meeting, the Council defeated a proposed ordinance that granted Council Members the benefits afforded employees at the full- time benefit level. The attached Ordinance grants to members of Council, following the commencement of the next elected term, the following benefit programs available to other Part-time City Employees who work 20 hours per week: Health, Dental and Vision Insurance, group term life insurance; employee assistance plan, retirement plan; employee recreation program benefit; and tuition assistance program and Other Optional Programs. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Council Members had the option to participate in employee group benefits until 200 I, at the full cost to the Council Member. Permitting Council Members to participate in the requested plans at the level of other part-time City Employees who work 20 hours weekly will result in an approximate increase of$8,699 in cost to the City annually. I Yearly Compensation Costs for Council I Salary I Social Security I Medicare I Worker's Compensation I Group Term Life 1 Comprehensive Medical Benefits I Dental Plan Employee Assistance Program 1 Retirement Plan, CCOERA Tuition Assistance Employee Recreation Program Benefit Potential Cost for Added Benefits EQuiv. 20 hr/wk $7,200 $446 $104 $22 $12 $5,639 I $381 I $29 I $288 I $2,000 I $350 I $8.699 I ALTERNATIVES CONSIDERED: EQuiv. 40 hr/wk I $7,200 I $4461 $104 I $22 I $12 I $11,278 I $762 I $58 I $576 I $200 I $350 I $13.236 1 Grant to the Office of the City Council paid benefits equivalent to full-time, or 40 hr/wk employees. 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 $8,699. RECOMMENDED MOTION..;, "1 move to approve Council Bill 21-2007: An Ordinance prescribing Compensation for the Office of Council Member for terms commencing on and after the November 6, 2007 regular municipal election on second reading, and that it take effect fifteen days after [mal publication." or, "1 move to table indefinitely Council Bill 21-2007: 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 reason(s) " Attachments: 1. Council Bill 21-2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No. 21-2007 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 Council member 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 followin9 benefits shall be provided. to the extent and at the levels granted to part-time city employees who work 20 hours per week: health, dental and vision insurance; group term life insurance; employee assistance plan; retirement plan; employee recreation program; tuition assistance program and other Optional Employee Programs. 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 remainin9 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 ATTACHMENT 1 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 4, with the Mayor breaking the tie; motion carried 5 to 4 on this 27th 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 September 10,2007, 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 September, 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: August 30, 2007 Second Publication: Wheat Ridge Transcript Effective Date: 2 ITEM NO: 3, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27,2007 TITLE: COUNCIL BILL 22-2007: AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC DATABASE CERTIFIED BY THE STATE DEPARTMENT OF REVENUE TO DETERMINE T:l:lli JURISDICTIONS TO WIDCH TAXIS OWED ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:) ~ ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes ~ No ~ ~ Mary Cavarra, City treas er City~~ EXECUTIVE SUMMARY: An ordinance that will hold hann1ess those retailers who fail to remit sales tax to the City of Wheat Ridge and who subscribe to the address locator electronic database certified by the State of Colorado . Department of Revenue. COMMISSION/BOARD RECOMMENDATION: Approved by the Investment Advisory Committee. STATEMENT OF THE ISSUES: Various large retailers have lobbied the State Legislature to change the sales tax code to a uniform rate because they say that it is too difficult to determine municipal boundaries and the appropriate tax rate. CML has strongly opposed legislation that would interfere with municipalities' abilities to set their own rates. As a compromise, CML has been promoting the "Address Locator Project" based on the latest GIS technology and developed by the State. This ordinance will hold harmless those retailers who subscribe to the address locator database ifthey fail to remit tax to the correct city. This assumes that the database is correct, and City IT staff has verified the database through a process of testing lists provided by the firm that developed the database. The system is based on street addresses. The accuracy going forward will create an obligation of the City staff to be sure to notifY . the vendor of new addresses as they are assigned in the Cabela's area. Passage of this ordinance will reduce the scope of the audits of subscribing entities and allow the auditors to focus on other areas. For more detail, the CML memo of February 9,2007 is attached. AL TE~,NA.TIVES CONSIDERED: Do not pass the Ordinance and audit retailers to determine if the City is receiving all taxes due. FINANCIAL IMPACT: No identifiable impact. When audits were conducted, the City was found to be receiving less than its amount due as retailers tend to pay taxes to the entity where the store is located. RECOMMENDED MOTION: "I move to approve Council Bill 22-2007: An Ordinance Amending Chapter 22, Division 2 Concerning Sales Tax, of the Wheat Ridge Code of Laws to Authorize Retailers to Use an Electronic Database Certified by the State Department of Revenue to Determine the Jurisdictions to Which Tax is Owed on second reading, and that it take effect 15 days after final publication." or, "I move to table indefinitely Council Bill 22-2007 : An Ordinance Amending Chapter 22, Division 2 Concerning Sales Tax, ofthe Wheat Ridge Code of Laws to Authorize Retailers to Use an Electronic Database Certified by the State Department of Revenue to Determine the Jurisdictions to Which Tax is Owed for the following reason(s) " Report Prepared by: Reviewed by: Mary Cavarra, City Treasurer Randy Young, City Manager Attachments: 1. Proposed Ordinance 2. Memo of2/9/2007 from GeoffWilson, CML 070910 Request for City Council Action-report Hold Hannless (2).doc CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ----AIl^M~ Council Bill No. 22-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC DATABASE CERTIFIED BY THE STATE DEPARTMENT OF REVENUE TO DETERMINE THE JURISDICTIONS TO WHICH TAX IS OWED WHEREAS, pursuant to the Wheat Ridge Code of Laws ("Code") Section 22-49, the treasurer is directed to and has cooperated with and participated with the statewide sales and use tax committee convened by the Colorado Municipal League, composed of state and municipal sales and use tax officials and business officials; and WHEREAS, such committee was formed to meet for. the purpose of discussing and implementing a plan to simplify the sales tax matters, such as collection of taxes, among Colorado home rule municipalities; and WHEREAS, it is recognized that retailers collecting sales tax in Colorado have historically faced problems when sales tax is remitted to the incorrect municipality and such errors have had the effect of many retailers paying twice the amount of sales tax owed and municipalities spending time and resources to collect the correct taxes owed; and ' WHEREAS, the City Council ("Council") of the City of Wheat Ridge ("City") recognizes the benefit that the presence of retailers and the collection of sales tax brings to the City; and WHEREAS, the Council recognizes that seeking resolution to sales and use tax collection problems which routinely plague Colorado home rule municipalities in general, and specifically the' City will benefit both retailers and the City; and WHEREAS, the Colorado Municipal League has recommended the adoption of the following ordinance in an effort to simplify the sales tax collection process, the substance of which being that retailers shall be held harmless if they fail to remit tax to the correct municipality, based solely on an error in a state- certified address locator database; and ATTACHMENT 1 WHEREAS, the Council believes it to be in the best interest of the City to adopt the recommended ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The following Section 22-59 is hereby enacted and inserted as a new section to Chapter 22, Division 2 of the Wheat Ridge Code of Laws: Sec. 22-59. Remittance of tax; electronic database; retailer held harmless. (a) Any retailer that collects and remits sales tax to the city as provided in this Division may use an electronic database of state addresses that is certified by the state department of revenue pursuant to S 39-26-105.3, C.R.S., to determine the jurisdictions to which tax is owed. (b) Any retailer that uses the data contained in an electronic database certified by the state department of revenue pursuant to S 39-26-105.3, C.R.S., to determine the jurisdictions to which tax is owed shall be held harmless for any tax, penalty, or interest owed the city that otherwise would be due solely as a result of an error in the electronic database, provided that the retailer demonstrate that the retailer used the most current information available in such electronic database on the date that the sale occurred. Each retailer shall keep and preserve such records as prescribed by the manager of revenue to demonstrate that the retailer used the most current information available in the electronic database on the date that the sale occurred. Notwithstanding the above, if the error in collecting and remitting is a result of a deceptive representation, a false representation, or fraud, the provisions of this section shall not apply. Section 2. Severability: 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 (15) days after final publication, as provided by Section 5; 11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 27thdayof 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 September 10 , 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2007. SIGNED by the Mayor on this day of ,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: August 30, 2007 Second Publication: Wheat Ridge Transcript / . Effective Date: .' CML .. '. 1"'I.II;mlll."IIII~II"I~!I..:I'I"II:l 1144 Shennan Street. Denver, Colorado 80203-2207 . Phone (303)831-6411, Fax (303)860-8175 . cmIUilcmLor.. MEMORANDUM TO: CML Sales Tax Committee FROM: GeoffWilson, General Counsel " SUBJECT: February 23 Meeting of the Committee . \ . . " \' ,. " '::-1. DATE: February 9, 2007 J !.:,';"" '. ( '. """ . ./ '....'. ; Greetings and Happy New Year! As previously announced, the Committee will be meeting at the League's offices beginning at 2:00 p.m. on the afternoon of Friday, February 23. The main focus of this meeting will be the launch of the last phase of the "Address Locator Project." This has been a multi-year project that has involved numerous members of this Committee, the State Department of Revenue, and representatives of the business community. The past years have seen countless meetings, approval by the legislature of a bill as part of this project, adoption by the Department of Revenue of comprehensive regulations relating to the certification of address locator database providers and "pp'v val by the Denver City Council of an address locator "hold hannless" ordinance, which will serve as a model for other home rule municipalities. In the last phase of this project, we will be working with all home rule municipalities that locally collect their sales tax to secure adoption of a "hold harmless" ordinance. These ordinances culminate a project that this Committee, as well as the CML Executive Board, have unanimously endorsed as a "win-win" proposition for business and municipalities alike. Adoption of these ordinances also demonstrates, in a very substantial way, the willingness of Colorado municipalities and the Municipal League to work with the business community on meaningful tax simplification. The purposes and history of the address locator project are more fully described in the attached memorandum. I urge you to review the attached memo carefUlly prior to our meeting on February 23. As a prelude to adoption of their own hold harmless ordinances, many municipalities wish to check a number oflocal addresses against the databases to confirm the database accuracy. We have received various questions about just how best to submit addresses to the certified database providers, so that will be a focus of our meeting on the 23'd. A representative of Group I Software will be in attendance at the meeting and we are working on getting someone from Proxix Solutions, Inc., to attend as well. These representatives will be describing how to submit addresses and answering your questions. Municipal representatives who have already been through this process will also be in attendance to share their experiences. I look forward to seeing all of you on Friday, February 23. Attachment AnACHMENT 2 CML '"I'III;mll'.I'Il.Ii'llttl:.o'l..:::r'TtJll::t J 144 Sherman Street. Denver, Colorado 80203-2207. Phone (303)83 J -64 J J, Fax (303)860-8 J 75 . cmluv.cml.org MEMORANDUM TO: Sales Tax Committee Representatives for home rule municipalities that locally collect their sales tax FROM: GeoffWilson, General Counsel SUBJECT: Request for Adoption of Model Address Locator/"Hold-harmless" Ordinance DATE: February 9, 2007 By this memorandum, we respectfUlly urge your municipality to adopt a sales and use tax address locatorl"hold-harmless" ordinance similar to the enclosed ordinance, which was adopted by Denver earlier this year. Introduction Adoption of these ordinances by home rule municipalities that locally collect their sales tax will be the culmination of a multi-year tax simplification effort involving CML, the business community and the CML Sales Tax Committee (which includes a member representing each locally collecting home rule municipality). The "Address Locator Project" is described below. The project has been unanimously endorsed by CML's Executive Board and the CML Sales Tax Simplification Committee. In a nutshell, these ordinances will hold retailers hannless if they fail to remit tax to the correct municipality, based solely on an error in a state-certified address locator database. The ordinances thus encourage use of these databases, which tell retallers with great accuracy in which municipality they are making a sale or, more often, a delivery. Presently, retailers are often unaware of where, exactly, a delivery address is located, and tax is often remitted to the wrong municipality. MuniCipal tax officials have viewed use of address locator databases as a "win-win" proposition for municipalities and business owners alike. Business owners remit properly in the first place and avoid unpleasant news at audit time. Municipalities receive the correct tax right away, and are able to avoid forcing an unwitting retailer to remit a second time, or squabbling with another municipality over who is entitled to the money. Plus, this is important tax simplification that doesn't hurt municipalities and can be adopted without a TABOR election. Colorado's Home Rule Mnnicipal Tax System: Critical, but Complicated As you are no doubt aware, Colorado municipalities, compared to municipalities in other states, are quite dependant upon the sales tax. On average, Colorado municipalities derive nearly 73 percent of their general purpose tax revenues from the sales tax. By comparison, municipalities in other states derive over 51 percent of their general purpose tax revenues from the property tax, and only 28 percent from sales and use taxes. Colorado 4as a fairly unusual sales tax system, in that home rule municipalities are permitted to locally collect their sales taxes, as well as locally control their tax base and tax rate (statutory municipalities in Colorado are permitted to set their own tax rate, and have limited discretion with respect to certain tax base elements). 1bis tax structure reflects Colorado's traditional philosophy of "local control," in which local governments provide a far greater share of services than do municipalities in many states, and our revenue raising authority corresponds with this responsibility. On the other hand, although it acts as an extremely effective revenue raising mechanism for Colorado municipalities, for retailers, Colorado's municipal tax system is widely regarded as one of the most complex in the country. This complexity is particularly apparent for vendors that operate in multiple jurisdictions, either because they have multiple fixed retail locations, or because they make deliveries into multiple jurisdictions. These vendors are generally required to obtain a license from and periodically remit tax directly to each jurisdiction in which they do business. Each of these jurisdictions may have its own tax rate and vendors may be affected by variations between jurisdictions in tax base (often due to varying tax exemptions or vmying administrative int~. ]J.~",";ons of ordinance language). Multi-jurisdictional vendors must also be careful to correctly determine in which jurisdiction they are making a delivery; if they fail to remit to the correct jurisdiction, they may be subject to later assessment (this is where the address locator databases can help - more on that later). Additionally, vendors are subject to audit by each of the Colorado home rule, locally collecting municipalities in which they do business. 1bis makes the Colorado system di;r~."u, from the municipal sales tax systems of most other states. In most states, (as is the case with statutory jurisdictions here in Colorado) the municipal sales tax is state-collected, using the state tax base, and "shared back" with the municipalities. Like Colorado, many of these states permit local tax rate variation among state-collected jurisdictions. Colorado retailers often complain about all of the various local requirements with which they must contend, particularly in comparison with the tax systems in other states. Being Proactive on Reasonable Tax Simplification All of this puts Colorado municipalities in a delicate position. On the one hand, the sales tax is our main revenue stream and we will fight, and have fought vigorously over the years, to protect the critical aspects of our home rule authority associated with it. On the other hand, retailers are our principal partner in collecting this tax, as it is levied on the customer, not the retailer. Most tl)oughtful municipal officials acknowledge that we have a complicated tax system here in Colorado, and agree that there's no reason that this system should be any more complicated than it needs to be. We can defend essential complexity in the tax system; what we cannot defend is unnecessalY complexity, or an unwillingness to discuss potential solutions. Failure to address reasonable tax simplification proposals is what coalitions in favor of eviscerating our tax authority are formed around. The League's philosophy over the years has thus been to actively support sales tax simplification, so long as this can be done without jeopardizing the viability of the sales tax as our principal revenue raising device. The CML Sales Tax Simplification Committee is the principal forum in which home rule locally collecting municipalities discuss sales tax simplification initiatives among themselves. We have to agree among ourselves on any tax simplification measures that we decide to pursue. Fortunately, 2 , the General Assembly is constitutionally precluded from telling us how to run our tax systems; over the years, we have had many occasions to be thankful for this fact. As described below, the address locator project is the product of several years of work involving the Sales Tax Simplification Committee, CCI, The Colorado Department of Revenue (DOR) and the business community. Background on the Address Locator Project Under Colorado's "point of use" tax system, multi-jurisdictional vendors are required to collect tax on behalf of the jurisdictions in which they do business, either at fixed locations or where they make deliveries. A long-standing complaint of the business community, particularly in areas where jurisdictional boundaries are changing or where taxing jurisdictions abut one another, is that vendors find it exceedingly difficult to determine precisely in which taxing jurisdiction their delivery is made. All sorts of problems result. Vendors remit to the wrong jurisdiction. The vendor is later assessed following an audit and then finds that she is unable to secure a refund, the refund period having elapsed. So (in the hard case) a vendor who in good faith tried to do the right thing ends up "paying twice." Meanwhile, the municipalities involved bicker over who should get the money: Informal discussions with municipal tax professionals and other interested parties (public and private) beginning in 2003 revealed a broad consensus that this was a significant complexity for the business community that we could do something about. Furthermore, unlike many other tax simplification proposals, a solution to this problem could be implemented without a TABOR election and without municipalities sacrificing tax revenue. Indeed, municipalities would benefit from receiving proper remittance in the first instance, thereby being able to avoid forcing vendors to "pay twice" or having to attempt to recover the money from the municipality that wrongfully received it. Since 2003, several members of the CML Sales Tax Committee, Colorado Counties, Inc., DOR and representatives of the business community (including the Colorado Association of Commerce and Industry, the Colorado Retail Council, Qwest, Xcel Energy and American Furniture Warehouse), have been working to encourage use of "address locator" databases by multi-jurisdictional vendors. These databases would be certified by DOR as achieving a high degree of accuracy. Vendors relying on a certified database would then be "held hannless" in an audit, if they remitted to the wrong jurisdiction solely due to an error in the address locator database. The address locator project has been unanimously endorsed by the CML Sales Tax Committee and CML's Executive Board. During its 2004 session, the General Assembly "!-,!-,W <ed HB 04-1237, which put this structure in place at the state level. The legislation directed the D"!-,,,,;,~ent of Revenue to develop regulations for review and certification of address locator databases and provides that vendors utilizing a state certified database would be held harmless as to state collected sales and use taxes (including those levied by statutory municipalities). During the interim between the 2004 and 2005 sessions of the General Assembly, League, staff and members of the Sales Tax Committee worked closely with DOR on the database certification regulations. The working group agreed that it was not practical for the state certification process to conduct individual field trials of each address locator database in each sales taxing jurisdiction in Colorado. Consequently, our focus was to develop a certification process that tested database accuracy on a sample of addresses that would provide an overall level of confidence to tax administrators and their elected officials. A priority of municipal representatives in the state rulelllilking was assuring that, in addition to the state's certification process, affected local governments could directly check addresses within their 3 jurisdiction against a database. The rules make it a condition of certification that local governments be ~ afforded this opportunity, and further require that the database provider promptly make corrections to its database as to any errors discovered. Indeed, the final regulations provide that addresses may be tested against the database either individually or in batches. The Next Phase: Municipal Ordinance Adoption HB 04-1237 was the first phase of a two-step process. In the second phase, similar "hold harmless" protection will be provided by home rule municipalities that locally collect their sales taxes, for vendors that utilize state certified address locator databases. It has been well understood that, for this to occur, each home rule, locally collecting municipality will need to adopt an ordinance enacting the "hold harmless" provision. Denver is the state's largest locally collecting home rule municipality, and like most other Colorado home rule municipalities, it is heavily dependant upon sales tax revenues. Not surprisingly, therefore, Denver has developed a reputation over the years of having its legal staff and its revenue managers very highly focused on sales tax matters. For these reasons, we decided to work with Denver's attorneys and tax professionals on a hold-harmless ordinance for Denver that could then serve as a model for other home rule municipalities. The Denver City Council adopted the enclosed ordinance on March 20, 2006, and it was signed by the Mayor on March 21,2006. The next step in the address locator project will be to secure adoption of ordinances functionally identical to the Denver ordinance in home rule, locally collecting municipalities. We would prefer that municipalities adopt an ordinance as close to the Denver model as possible; however, I do want to highlight one aspect of the Denver ordinance that you may, or may not, wish to include. Denver chose to include an automatic repealer in its ordinance, which requires the council to revisit the address locator issue in 2008 and readopt the ordinance. This is :fine; however, another approach would be to simply leave the automatic repealer out of your ordinance. We have every confidence that this program will work out just fme, and be a ''win-win'' for all concerned. If, for whatever reason, your municipality ever wishes to stop participating in this program, your mUnicipality can simply repeal its ordinance. Your municipality's representative on the Sales Tax Committee will be the principal point of contact within your municipality for information concerning this project. Of course, please feel free to call me at the League or one of the following individuals for information concerning the operation of this ordinance. . Laura Fisher, Revenue Officer, City of Boulder and Chair, CML Sales Tax Simplification Committee: 303.441.4017 . Robin Peterson, Manager, Tax and Licensing, Aurora, 303.739.7341. . Lori Burns, Revenue Manager, City of Lake wood, 303.987.7631. How the Address LocatorlHold-harmless Ordinance will Affect your Municipality While incentivizing retailers to use address-locator databases and thus dramatically increasing the li1r,.1i"f'lod that tax will be l'.~l'.:..ly remitted to your municipality, the revenue loss possibility, due to the hold-harmless provision, is small. 4 To illustrate, in order for a retailer to be held harmless for tax owed to your municipality under this ordinance, all of the following must occur: (a) Vendor makes a delivery into your municipality. (b) Vendor uses a state certified database to locate the delivery address. (c ) There is an error in the database. (d) Vendor fails to remit tax to your municipality solely because of the error in the database. . (e) Your municipality selects this vendor for an audit. (f) Vendor is able to prove reliance on the version of the database current at the time of delivery. (g) Result: Vendor is held harmless only for the tax owed on the particular transaction affected by the error. For example, on a $2500.00 couch, a 3 percent local tax would mean $75.00 in lost tax revenue to your municipality. This combination of circumstances is unlikely to occur with any regularity. In the first place, the databases certified by the State Department of Revenue are quite accurate. The Department of Revenue's database certification rules require that the databases achieve a 95 percent accuracy rate against the test sample; the accuracy of these databases is further borne ont in tests run by Denver and other municipalities. Furthermore, municipal tax professionals have the opportunity check addresses within their jurisdiction against the databases for accuracy. This enables municipalities to assure that particularly important "high tax" addresses (e.g., construction sites or newly amtexed areas) are properly coded in the databases, to guard against potential loss of revenue. Both the database providers and municipalities have a mutual interest in the accuracy of these databases; it is expected that, over time, cooperation between database providers and municipal officials will ouly enhance the already high degree of accuracy in these databases. Attachments In this packet you will fmd the following materials: . A copy of the recently adopted City and County of Denver address locatorl"hold-hannless" ordinance, to serve as a model for your jurisdiction. . A list of the members of the CML Sales Tax Simplification Committee. 5 EJ ' ~, k 0 - 0 U c ~LORj>,OO ITEM NO: 4-, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27,2007 TITLE: COUNCIL BILL 23-2007: AN ORDINANCE AMENDING THE REQUIREMENTS FOR ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS [8J PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (Date:) [8J ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes [8J No <:.R...k>._f--cP City Man~r ~ City Attorney EXECUTIVE SUMMARY: This ordinance amends the requirements for competitive cable franchise applications to correct a numbering error in Section 23-2.B of the Wheat Ridge Code of Laws titled "Instructions and Definitions." STATEMENT OF THE ISSUES: The Council has previously adopted Ordinance No. 1393, codified at Article 2 of Chapter 23 of the Wheat Ridge Code of Laws (the "Code"), providing requirements for applications for competitive cable franchises, consistent with the federal requirements. The City's special counsel for this matter has discovered a numbering error in the model ordinance (upon which the City's ordinance is based) that leaves doubt regarding the applicable submission requirements for a valid franchise application. The attached ordinance corrects this error. COMMISSION/BOARD RECOMMENDATION: N/A ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: N/A RE<;:QM~ENDED MOTION: "I move to approve Council Bill 23-2007: An Ordinance Amending the Requirements for Adopting a Competitive Cable Franchise Application, Review and Evaluation Process in Connection with any Franchise Application Submitted Pursuant to Section 76.41 of Title 47 of the Code of Federal Regulations on second reading and that it take effect 15 days after final publication." or, "I move to table indefinitely Council Bill 23-2007: An Ordinance Amending the Requirements for Adopting a Competitive Cable Franchise Application, Review and Evaluation Process in Connection with any Franchise Application Submitted Pursuant to Section 76.41 of Title 47 of the Code of Federal Regulations for the following reason(s) " Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670 Reviewed by: Heather Geyer, Assistant to the City Manager Attachments: 1. August 22,2007 Staff Memorandum 2. Council Bill 23-2007 City of Wheat Ridge Administrative Services Department Memorandum TO: The Honorable Mayor and Members of City Council THROUGH: Randy Young, City Manager Patrick Goff, Deputy City Manager FROM: Heather Geyer, Assistant to the City Manager/PIG DATE: August 22, 2007 SUBJECT: Ordinance Amending the Requirements for Adopting a Competitive Cable Franchise Application In August, the City received notification by Ken Fellman, Attorney for the Greater Metro Telecommunications Consortium (GMTC) that there was a numbering error in the model ordinance which the City of Wheat Ridge used for the adoption of Ordinance No. 1393, Competitive Cable Franchise Application, adopted in June 2007. In order to make the necessary change to the ordinance, City Attorney Gerald Dahl, has drafted the appwp,;ate amendment which will amend the language ofthe existing ordinance so that all the submission requirements are clearly required for a valid application. Please let me know if you have any questions regarding this amendment. /hmg Attachments: A. Request for City Council Action from Jerry Dahl, City Attorney B. Proposed Ordinance Amendment ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ADAMS Council Bill No. 23 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING THE REQUIREMENTS FOR ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PR9CESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO S76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS WHEREAS, On December 20, 2006, the Federal Communications Commission ("FCC") adopted a new rule, set forth in a Report and Order and Further Notice of Proposed Rulemaking that was released March 5, 2007, that among other things, provides a separate, nonexclusive process for the issuance of cable franchises for areas currently served by another cable operator (the "Competitive Franchise Application Rule" or "CFAR"); and WHEREAS, the City has adopted Ordinance No. 1393, codified at Article 2 of Chapter 23 of the Wheat Ridge Code of Laws (the "Code"), providing requirements for applications for competitive cable franchises, consistent with the CFAR; and WHEREAS, a numbering error has been found in Section 1 of the Ordinance, codified at Section 23-2.B of the code of Laws, which leaves doubt regarding the applicable submission requirements for a valid franchise application; and WHEREAS, this ordinance is needed to correct the error. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Se.ction 23"2, titled "Instructions and Definitions," subsection B, is amended to read in its entirety as follows: B. The City shall accept and review only those applications that include complete responses to every requirement of Code Sections 23-2 through 23-7, inclusive. Submission of an application that 90es not include the requisite information set forth in Code Sections 23-2 through 23-7, inclusive and the application fee shall not commence the time period for granting or denying the application set forth in 47 C.F.R. s76.41(d). The Applicant shall submit additional or updated information as necessary to ensure the requisite information provided is complete and accurate throughout the City's review of the application. ATTACHMENT 2 Section 2. Severability: 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 (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote ofR to o on this 2ih 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 September 10, 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to . this day of , 2007. SIGNED by the Mayor on this day of ,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: August 30, 2007 Second Publication: Wheat Ridge Transcript Effective Date: 3 ~~' .H'~r 1'/ k 0 - Q U m rnLOR~Q9 ITEM NO: 5. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 10, 2007 TITLE: RESOLUTION 36-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 BUDGET TO REFLECT ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL BUREAU OF JUSTICE ASSISTANCE GRANT o PUBLIC HEARING o BIDSIMOTIONS 1ZI RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes 1ZI No " f1,(.#./i'~tl/(c<-vL-- Police CIiieY G'<.c.k.,,~r q City Mana~ ~ EXECUTIVE SUMMARY: The City of Wheat Ridge has been awarded a U.S. Deparhnent of Justice Edward Byrne grant in the amount of$18,380. The police deparhnent anticipates expending this grant during 2007 and 2008 to enhance technology in the areas of traffic enforcement, information sharing and court security. COMMISSIONIBOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: Award of the grant will assist the City of Wheat Ridge in improving technology in the areas of automated field reporting, traffic enforcement and prevention, property and evidence functions and improved court security. ALTERNATIVES CONSIDERED: I. Do not accept the grant. FINANCIAL IMPACT: By accepting the grant, the city will receive $18,380 in assistance for improving technology. RECOMMENDED MOTION: "I move to approve Resolution 36-2007 - A Resolution Amending the Fiscal Year 2007 Budget to Reflect Acceptance of an Edward Byrne Memorial Bureau of Justice Assistance Grant and adding $18,380 into the Police Department account 01-201-650-660." or, "I move to table indefinitely Resolution 36-2007 - A Resolution Amending the Fiscal Year 2007 Budget to Reflect Acceptance of an Edward Byrne Memorial Bureau of Justice Assistance Grant for the followingreason(s) -," Report Prepared by: Michelle Stodden, Administrative Assistant Reviewed by: Daniel G. Brennan, Chief of Police /mls Attachments: 1. Resolution 36-2007 2. September 4, 2007 Memorandum 070910 CAP 2007 Byrne Grant.doc RESOLUTION NO. 36 Series 2007 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2007 BUDGET TO REFLECT ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL BUREAU OF JUSTICE ASSISTANCE GRANT WHEREAS, the City of Wheat Ridge applied for and was awarded a grant to assist the Wheat Ridge Police Department in purchasing equipment to improve technology in the areas of automated field reporting, traffic enforcement and prevention, property and evidence functions and improved court security. WHEREAS, the City Council desires to accept the grant in the amount of $18,380; 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: A. The City hereby accepts the grant. B. The City Manager is authorized to execute all documents necessary for the acceptance of the award. C. Upon receipt of the funds, that the funds be placed in the general fund. D. The City of Wheat Ridge fiscal year 2007 budget be amended accordingly, specifically adding $18,380 into the Police Department expense account 01-201-650-660. DONE AND RESOLVED THIS day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 WHEATRIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Jerry DiTullio and City Council VIA: FROM: Randy Young, City Manager Daniel G. Brennan, Chief of Police r$?J DATE: September 4, 2007 SUBJECT: 2007 Edward Byrne Grant Award The Police Department submitted the annual application for the 2007 Edward Byrne Grant through the U.S. Department of Justice. The department was allocated $18,380. This money must be spent during a two-year grant cycle. The Edward Byrne Grant program provides funding to local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system in the following purpose areas: . Law enforcement programs. . Prosecution and court programs. . Prevention and education programs. . Corrections and community corrections programs. . Drug treatment programs. . Planning, evaluation, and technology improvement programs. The Wheat Ridge Police Department has historically used this grant for technology improvements, equipment purchases and crime prevention programs. The department purposes spending this grant in the following areas: 1. One Panasonic Permanent Display Removable Computer $7,125 The department will be outfitting the Patrol Watch Commanders vehicle with a Panasonic Permanent Display Removable Computers (PDRC) setup. This vehicle is an unmarked vehicle that was reallocated to the Patrol Operations Division from the Investigations Bureau. The computer supports basic law enforcement functions such as report writing, NCIC/CCIC checks, and car-to- car messaging. ATTACHMENT 2 2. Two (2) Laser Units $7,400 The department will purchase two speed measurement devices that can be used for traffic speed enforcement and interdiction efforts that include I -70. 3. Two (2) TASER's (with cartridges and holsters) $2,000 These units would provide additional security for Court Marshals. in the municipal court and prisoner transportation. The safety of Court Marshals and security in Municipal Courts would be improved with these devices. 4. One (1) Bar Code Scanner (with cables and adapters) $850 This unit will replace a current scanner that is largely worn out. Having only one scanner limits the work that can be done in the Evidence Room and places the department in jeopardy of dysfunction if a scanner fails. 6. One (1) high Speed CDIDVD Printer 1,400 This unit allows high speed and multiple copy printing CD's and DVD's used by the department to record or copy digital audio and video evidence. TOTAL $18,775