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Home My WebLink About02/25/2008 6:30 p.m. Pre-Meeting !\~!r~l~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Februarv 25. 2008 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Februarv 11.2008 PROCLAMATIONS AND CEREMONIES Citizen Award from the Police Department CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA Item 1. CONSENT AGENDA A. Approval of Award of 500-07-48 38th & Kipling Master Plan Design to Design Concepts in the amount of $49,980 for the Park Master Plan. B. Approval of Award RFB-08-09, Radar Speed Display Signs to Gades Sales Company in the amount of $29,400.00. CITY COUNCIL AGENDA: February 25, 2008 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Page -2- COUNCIL BILL 02-2008 - AN ORDINANCE AMENDING THE CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26-711.B. ORDINANCES ON FIRST READING COUNCIL BILL 03-2008 - AN ORDINANCE DESIGNATING A STRUCTURE ON PROPERTY LOCATED AT 7495 W. 29TH AVENUE AN HISTORIC LANDMARK SUBJECT TO THE PROVISIONS OF CHAPTER 26, ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS. (CASE NO. WHL-08-01). COUNCIL BILL 05-2008 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME. COUNCIL BILL 06-2008 - AN ORDINANCE AMENDING SECTION 26- 803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL. COUNCIL BILL 04-2008 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 7495 W. 29TH AVENUE. (CASE NO. WZ-08-01/ WADSWORTH EXCHANGE) DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Item 4. Item 5. Item 6. Item 7. Item 8. Item 9. Ratification of Mayor DiTullio's Wheat Ridge Housing Authority appointment. Board and Commission appointments. Ratification of Mayor DiTullio's Wheat Ridge Foundation appointments. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT arr"MIBB CITY OF WHEAT RIDGE, COLORADO Februarv 11. 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:01 p.m. Council members present: Karen Adams, Tracy Langworthy, Wanda Sang, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Treasurer, Larry Schulz; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Public Works, Tim Paranto; staff; and interested citizens. Council Members Dean Gokey, Lena Rotola and Karen Berry were absent. APPROVAL OF MINUTES OF Januarv 28. 2008 Motion by Mrs. Sang for approval of the Minutes of January 28, 2008; seconded by Mrs. Adams; carried 5-0. PROCLAMATIONS AND CEREMONIES Mayor DiTullio read the City's Proclamation for National Engineering Week. Tim Paranto was present to accept the City's proclamation on the behalf of the American Society of Civil Engineers. Mr. Paranto introduced Brian Gidlow who accepted the proclamation on behalf of the American Council of Engineering Companies. CITIZENS' RIGHT TO SPEAK Dave Tha/erwas present to speak on behalf of his wife, Mrs. Wheat Ridge, Karen Thaler, who was recently diagnosed with Multiple Sclerosis. Mr. Thaler asked Council and the community to keep her in their prayers. Mr. Thaler also delivered wishes of good health to Council Member Dean Gokey. APPROVAL OF AGENDA Item 1. CONSENT AGENDA A. RESOLUTION 08-2008 A RESOLUTION AMENDING THE FISCAL YEAR 2008 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE REAPPROPRIATION AND REENCUMBRANCE OF 2007 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $4,193,642.03. B. Motion for approval of the annual renewal for the computer aided dispatch and records management system in the amount of $62,340.00. C. Approve the purchase of one Utility Tractor and Loader attachment in an amount not-to-exceed $40,323.85. CITY COUNCIL MINUTES: February 11, 2008 Page -2- D. Award ITB-08-05 2008 Crack Seal Project in the amount not-to-exceed $151,675.00. Consent Agenda was introduced and read by Mrs. Sang. Motion by Mrs. Sang for approval of the Consent Agenda; seconded by Mr. Womble; carried 5-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. PUBLIC HEARING ON RESOLUTION 07-2008 A RESOLUTION AND ASSIGNMENT AGREEMENT AUTHORIZING ASSIGNMENT OF THE CITY'S PRIVATE ACTIVITY BOND ALLOCATION TO THE METRO MAYOR'S CAUCUS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO. Mayor DiTullio opened the public hearing. Resolution 07-2008 was introduced by Mrs. Langworthy. City Clerk Michael Snow read the Executive Summary. Patrick Goff presented the staff report. No one was present to speak. Mayor DiTullio closed the public hearing. Motion by Mrs. Langworthy to approve the Assignment of Allocation between the Metro Mayor's Caucus (MMC) and the City of Wheat Ridge and to adopt Resolution 07-2008 authorizing assignment to the Metro Mayor's Caucus of a Private Activity Bond (PAB) Allocation of the City of Wheat Ridge pursuant to the Colorado Private Activity Bond Ceiling Allocation Act in the amount of $1 ,342,320 thereby designating the City's PAB allocation to MMC for the purpose of providing single-family mortgage loans to low- and moderate-income persons and families; seconded by Mr. Womble; carried 5-0. DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. RESOLUTION 06-2008 APPROVING WITHDRAWAL FROM THE CITY'S CCOERA RETIREMENT PLAN AND TRANSFERRING THOSE FUNDS TO THE CITY'S ICMA RETIREMENT PLAN. Resolution 06-2008 was introduced by Mrs. Adams, who read the Executive Summary. Motion by Mrs. Adams to approve Resolution 06-2008; seconded by Mr. Stites and Mrs. Sang; carried 5-0. CITY COUNCIL MINUTES: February 11, 2008 Page -3- Item 4. RESOLUTION 09-2008 TO APPROVE A CONTRIBUTION OF $16,000 TO THE SENIOR RESOURCE CENTER TO ASSIST IN FUNDING THE SENIOR TRANSPORTATION PROGRAM. Resolution 09-2008 was introduced by Mrs. Sang, who read the Executive Summary. Gretchen Cerveny was present to speak in favor of the proposed contribution to the Senior Resource Center. Her comments included, but were not limited to: this money contribution makes it possible for the Senior Resource Center to provide seniors who can no longer drive the ability to access the Wheat Ridge Recreation Center and participate in health programs; Seniors in the community have asked for this service for many years and it will be used well; The Colorado Commission on Aging has identified the main issue for senior citizens is transportation; with the City's contribution, the Senior Resource Center may be able to secure even more supporting contributions for this program. City Treasurer, Larry Schulz, spoke in favor of the proposed City support of this program. In his work with the Regional Transportation District and other neighboring municipalities, the Senior Resource Center was identified as the single most accessible transportation service for seniors in the area. Mr. Schulz encouraged Council to support the program with this contribution and encouraged citizens watching tonight and in the community to use these services. Motion by Mrs. Sang to approve Resolution 09-2008; seconded by Mr. Stites. Motion by Mrs. Langworthy to Amend Resolution 09-2008 increasing the amount of the contribution to $20,000; seconded by Mr. Womble; failed 1-5, with Mrs. Langworthy voting Yes. Original motion by Mrs. Sang carried 5-0. Item 5. Motion by Mrs. Adams to cancel the March 10, 2008 Regular City Council meeting; seconded by Mrs. Sang; carried 5-0. CITY MANAGER'S MATTERS Mr. Young expressed wishes to Council Members Karen Berry and Lena Rotola for a speedy recovery and extended his best wishes and prayers for Council Member Dean Gokey's return to health. CITY COUNCIL MINUTES: February 11,2008 Page -4- ELECTED OFFICIALS' MATTERS Mayor DiTullio expressed his wishes to Council Member Gokey and to Mrs. Wheat Ridge, Karen Thaler, for speedy recovery. Mr. DiTullio also gave thanks to Janice Smothers for her work on the Leadership Jefferson County events. Mrs. Adams voiced hope that Mrs. Berry and Mrs. Rotola get well soon, and good wishes to Dean Gokey, who is in her prayers. Mr. Stites sent get-well wishes to Mrs. Berry and Mrs. Rotola and his prayers to Dean Gokey and Mrs. Wheat Ridge. Mr. Stites saw his favorite citizens this Saturday picking up trash on 38th Avenue and thanked them for their contribution to the community. As always, Mr. Stites reminded citizens to "find it and buy it in Wheat Ridge". Mrs. Langworthy extended her best wishes to Dean Gokey and mentioned his ornery attitude should help him get back to health soon. Mrs. Langworthy informed citizens that the Piranha Swim Club is holding a meeting for interested swimmers on Feb 24 from 3:00-5:00pm at the Wheat Ridge Recreation Center. Mrs. Sang expressed to Dean Gokey that she misses him and hopes he gets well soon. She also hopes to talk with Dean soon to discuss what's best for District 2 going forward, but for now she wishes for him to concentrate on getting well soon. Mr. Womble pointed out that Dean Gokey is not one to give up easily and hopes that aids in his getting well soon. Mr. Womble also expressed his prayers for Karen Thaler. Mr. Womble thanked all the Board and Commission applicants for their attendance at the reception tonight and thanked them for their willingness to volunteer for the City and the community. Meeting adjourned at 7:28p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON FEBRUARY 25, 2008 BY A VOTE OF _ to _ Mike Stites, Mayor pro tem The preceding Minutes were prepared according to 947 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. ".4. ~ r City of ?WheatRt..-dge ITEM NO: \, AI REQUEST FOR CITY COUNCIL ACTION ~$~' nli [11 COUNCIL MEETING DATE: February 25, 200S TITLE: APPROVAL OF A WARD OF SOQ-07-48 38TH AND KIPLING MASTER PLAN DESIGN TO DESIGN CONCEPTS IN THE AMOUNT OF $49,980 FOR THE PARK MASTER PLAN o PUBLIC HEARING IZI BIDS/MOTlONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (mm/ddlyyyy) o ORDINANCES FOR 2ND READING (mmlddlyyyy) Quasi-judicial: o YES IZI NO /~/' -11/1 ' (._-- ' t.J WtflA [.,~A , eCfr of Parks and Recreo/ ~~('Iq City ManalAr () EXECUTIVE SUMMARY The future park site located on the southeast side of 3Sth and Kipling, was purchased in 2000 with City of Wheat Ridge and Jefferson County Open Space Funds for the purpose of providing a neighborhood park. This area of Wheat Ridge has been identified in the Parks and Recreation Master Plan adopted in 2006 as an area in need of a neighborhood park. Funds for the Master Plan for the park have been appropriated in the 200S Open Space Fund budget for the purpose of completing a Master Plan for the park. On December 27, 2007 fourteen (14) firms submitted qualifications. Six (6) firms were short listed and interviews were conducted. Design Concepts, Inc., Lafayette, CO was the number one ranking firm after the interviews. Staff recommends award to Design Concepts Inc. based on qualifications, experience, approach and pricing. The award of this contract meets the Strategic Plan GOAL 1: Creating a Sustainable City Government. COMMISSIONIBOARD RECOMMENDATION The Parks and Recreation Commission as part of the budget review process supported this project as included in the 2008 budget. STATEMENT OF THE ISSUES The site was purchased with the intent of meeting the recommended service levels for neighborhood parks as outlined in the previous Parks and Recreation Master Plan adopted in 1991. The updated Master Plan adopted in 2006 has also recommended a neighborhood park for this area. The site currently has an approved Outline Development Plan. The Master Plan process for the park design will make application to amend the current Outline Development Plan. The planning process will also include neighborhood meetings, commission and council input sessions as well as focus group input meetings to determine the final plan for the park. AL TERNA TIVES CONSIDERED To not award the contract and therefore not complete a master plan for the future park site. FINANCIAL IMPACT The short term financial impact is in the amount of the contract award of $49,980. The budgeted amount for this part of the park development process is $50,000 in Open Space Fund 32. Following approval of the Master Plan for the park, a scope of services will be awarded for construction documents which will be based on the approved Master Plan. Completed construction of the new park will impact and increase the park maintenance operating budget. RECOMMENDED MOTION "I move to award SOQ-07-48 38th Avenue and Kipling Master Plan Design Services to Design Concepts, Inc., Lafayette, CO, in the amount of $49,980 to be charged to account #32-601-800-862 of the Open Space Fund." Or, "I move to deny the approval of the contract award for the following reasons: n Prepared by: Joyce Manwaring ATTACHMENTS: 1. Scope of Services 211 North Public Rd. Suite 200 Lafayelle, CO 80026 leI. 303.664.5301 fax 303.664.5313 DES I G m ?m~.~ .:. :...~,:" A<<h;"", February 12,2008 Joyce Manwaring Director Parks & Recreation 4005 Kipling Street Wheat Ridge, Colorado 80033 Re: 38th and Kipling Park Master Plan Dear Joyce: We are pleased to submit our proposal for Landscape Architectural services for Master Plan design for the new park at 38th and Kipling. We are excited about working with the City of Wheat Ridge on this new project. Our design team for this project will include Carol Henry, Project Principal, Shanen Weber, Project Manager and Erik Spring, Project Landscape Architect. Other consultants on this project include N A, Inc"'p"<,,ted for civil engineering and Frontier Surveying for the site survey. We would like to offer the following proposal for our services: Basic Services MASTER PLAN We will provide the following services: . Meet with the City of Wheat Ridge to understand site needs and preliminary scope, scheduling and budgeting . Provide new site survey, including topography and utilities . Prepare schedule for project . Meet with special interest groups, such as boy's baseball (2 meetings) . Prepare 2-3 conceptual site plans, including items such as site circulation, parking, playground, picnic shelter, restroom, court facilities, skate events and landscaping . Prepare for and attend 3 public meetings . Coordinate with City and ditch Cvu<p"uJ to understand allowable water usage . Prepare preliminary grading plan . Review existing access, utilities and drainage requirements for potential park improvements ATTACHMENT 1 . Prepare a final master plan from public and City comments . Provide a fmal rendered plan with theming options . Final master plan deliverables will include electronic copy of master plan and large rendered, mounted plan . Prepare cost estimate for final master plan ODPSUBMITTAL Based upon the original ODP, we will prepare a revised submittal for City review and approval. We will provide the following services: . Attend pre-application meeting . Prepare for and attend public meeting (as noted under the Master Plan services) . Revise cover sheet and site plan for submittal . Attend Planning Commission meeting (I) . Attend City Council meetings (2) . Attend Parks Commission meetings (2) . Prepare final submittal based upon City review comments BILLING Invoicing will be monthly and will not exceed the total fee quoted for Basic Services plus any additional meetings and reimbursable expenses unless authorized. REIMBURSABLE EXPENSES Reimbursable items include delivery, printing, and reproduction to be used outside our office will be included in the lump sum fee. ADDITIONAL SERVICES Services not included in Basic Services listed above, but which may become necessary in the course of the project will be billed as Additional Services on an hourly basis as is in accordance with the attached Schedule of Fees. Such items include plan changes after bidding, design changes or additional design during construction, testing, and inspection. You will be notified when Additional Services are required and an estimate provided prior to beginning work. FEE PROPOSAL Master Plan Master Plan Design (Design Concepts) ODP Submittal (DC) Reimbursable Expenses (DC) Master Plan Design (JV A) Topo and Utility Survey (Frontier) TOTAL FEE $ 24,655.00 $ 6,985.00 $ 1,360.00 $ 8,800.00 $ 8.180.00 $ 49,980.00 Additional Services Boundary Survey Establish/Upgrade survey comers (per comer) Geotechnical Investigation $ 4,400.00 $ 800.00 $ 3,300.00 Design Concepts will provide substantial support as site planners and Landscape Architects for this site. Weare experienced educational and municipal facility designers with a successful record of consensus building. We look forward to being a part of this project. Ci:f~ Carol Henry, ASLA Principal iNlk' DESIG~ ~Pl~n~~~d~n~~d~tlfrchjUCU Schedule of Fees LANDSCAPE ARCHITECTURAL SERVICES January 2008 The following is an outline of the schedule of fees used by DESIGN CONCEPTS for billing purposes. These fees are in effect for all services rendered unless other terms have been negotiated. · Principal Landscape Architect................................$125.00 . Project Manager .......................................................$105.00 . Senior Landscape Architect ......................................$90.00 · Project Landscape Architect .....................................$80.00 · Landscape Architect...................................................$70.00 · Designer/Technician ..................................................$40.00 · Administrative Staff...................................................$45.00 Transportation Expenses $ .50 Yz Costs Scanning At cost At cost At cost the work are charged 5th day or thirty ~ \. j f pwfi~~t~e ITEM 1j I I . , REQUEST FOR CITY COUNCIL ACTION ~~~ mlllil COUNCIL MEETING DATE: February 25, 2008 TITLE: APPROVAL OF AWARD RFB-08-09, RADAR SPEED DISPLAY SIGNS TO GADES SALES COMPANY IN THE AMOUNT OF $29,400.00. o PUBLIC HEARING IZI BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: ) o ORDINANCES FOR 2ND READING (1st Reading: ) Quasi-Judicial: 0 Yes IZI No -b-- ~ Director of Public Works ci~~k Jj:XECUTIVE SUMMARY The Public Works Department is proposing purchase of four (4) radar speed display signs for its neighborhood traffic management program. The proposed locations are: Two (2) signs on West 44th Avenue within the section from Harlan Street to Pierce Street. Two (2) signs within the 3900 block of Harlan Street. Installation of these signs is tentatively scheduled for late spring/early swmner of 2008 and will be completed by Operations Division staff. Staff recommends award of the purchase to Gades Sales Cvmpauj, Inc. of Denver, Colorado in the amount of their bid of $29,400.00. COMMISSIONIBOARD RECOMMENDATION N/A STATEMENT OF THE ISSUES Bids for RFB-08-09, Radar Speed Display Sign, were opened on Tuesday, February 12, 2008. While requests for bids were sent to four companies, only one (1) bid was received. The apparent low, fully responsive bidder is Gades Sales Company, Inc. of Denver, Colorado in the amount of $29,400.00. Gades Sales Company, Inc. has met all bid requirements. Based upon the compliance with bid specifications, the quality and performance of previous products purchased, Staff recommends award to Gades Sales Company, Inc. for the radar speed display signs. ALTERNATIVES CONSIDERED: No award and the radar speed display signs will not be purchased. FINANCIAL IMPACT: The funds for the purchase of the four (4) radar speed display signs are budgeted in the 2008 Capital Investment Program Budget, Account Number 30-304-800-844, Neighborhood Traffic Management Projects. The approved budget amount for this project is $30,000.00. RECOMMENDED MOTION: "I move to award RFB-08-09, Radar Speed Display Sign to Gades Sales Company, Inc., of Denver, Colorado in the amount of $29,400.00. I further move that all costs associated with these purchases be paid from account number 30-304-800-844, and that these funds be encumbered in accordance with Ordinance #787, 1989 Series. " Or, "I move to deny purchase for the following reason(s) " Prepared by: Tim Paranto, Director of Public Works Attachments: 1. RFB-08-09, Radar Speed Display Sign for Gades Sales Company, Inc. 1l~/31l/2888 88:44 383-234-5924 erlY IF IfiEAT RIDGE PAGE 81/86 CITY OF WHEAT RIDGE REQUEST FOR BIDS BID NUMBER: RFB-08.09 BID DUE DATI!!: TUESDAY. FEBRUARY 12, 2008 BY 2:00 PM LOCAL _' RADAR SPEED DISPLAY SIGN - . ~ lot SEAlED Il.I!IJIII8T BE UAlI.J!JJ OR liVERED TR;. City ofWlleat Ridge MuniclJlal Building All8n11an: Unda Trimble, CPPO. CPPB 7500 W 2J" A"."ue. Purchasing & Contr8clInll Division Wheet Ridge, CO 80033 303-235-2811 IMPORTANT: PLEASE RI!AO EftTIRS DOCUMENT FEIN/SSN (Required\ 1 f ./ () 53 07.1 FedendLO.HUlllber DEUVERY(uporl~oforcltr? '-15 'bO ),Y.4... . l!poc:IIydayoar-..,.IIIIpp/ng..... OOMPANYNAME CrA bl.::-S $Alfr ADDRESS I) Do tV A r .. '" J LVa-... tJ::: 5:.,.- OITYISTATEIZIP J) -eN lIe.r C co ll~ ';) I PHONE 3o}- 4.f~8- 8'8l.J 0 FAX 3 DJ- L.f), 9- fyo 5 :=:::=:=\o~:Ute ~~:.~~r- ,&~\fi 8. T1Il8lellll\VlllOlandlll,"", EMAlL :JSN,OEt.!73o (PJ /.lOt..., (0"",, F.O.e.: DESTINATION TERMS: Nt:..+ )0 TITLE <;/ill"r &- . ACKNOWLEDGE ADDENDUM l-Mmr) N/A , PLeASE INITIAL.it "" 1 IlilSderla ........1bIe farcallllnnlqj.-lpl of"'_ DO YOU ACCEPT VISA FOR PAYMENT WITHOUT AOOlTlONAL FEes? NO NO oraI.lic8lmill ~L ;,...;, ." bids orlllCldlflc:alla will be IIllllllptIId as 8 &BIlled bid. SJgnaIuIll admowIedges thel8kkler has reed lite blcI dacumenlllllOlvugllty beI'ore eullmltllng I blcIlIld will fIIUiU the ob/IgIlIolIs In .acoo1l:JedC8 \0 lh8 tenne, c:cmditions IIld sPBC11ic8t1one. Do _ fUIIml maralfllD.p.... bld fl'Glll _linn or...... hills wm he dlsaullllfllld. Bid must be signed. pqINT qf SiPITE: l.IlIda TIImbIe.. PurcI1BS1ng Agent 1hI...--........ld_CO'II8 or 1alc 303-234-5924. Do not contact the requesting. ,,:,!,,.'II"I. I~ I ,Of' 1 ,...lo.".'I."i' of the 1M d.!, ';I;~;" ...', I., i!Jet. MUST SUBMrr THIS PAGE (SlONATURE PAGE) WITtI YOUR Il1O ~- I A I I ACHMENT 1 ~1/38/2888 88:44 383-234-5924 CITY IF IotEAT RIDGE PAGE 86/86 ATTACHMENT A Rf8.G8.89 MINIMUM a.- ...........ATlONS AND PRICE LIST RADAR olJ~"''''.. DISPLAY SIGN BID PER THE SPECIFICATIONS. EQUAL MUST MEET OR _.."'..., _ .....n~T10NS. NO SUBSTITUTES. PRICE SHAU.. INCWDE ALL EQUIPMENT. AND DB.IVERY. INSTALLATION NOT REQIRRED. FOB DESTINATION. PROVIDE QUlClCESTD!IJVERY lIME WITHOUT EXTRA CHARGES. DELIVERY IS REQUIReD BYMAY2lI08, CASe 1) RU2 Fast 360 pore mount radar sign 2) 1/8" thick welded.aluminum CClnSlrIlc;llon. 3) White powder coat paint inside and aut 4) All $l8ln1188l1leen ,,,., ",,' 6) "Your Speed" sign. 6) GE Lexan 8hi8kfing wRIt a smoked, non-glllre fini8h. 7) 14 foot by 4.5-lnch mlnlmum ouIllIde diame18t aluminum pole, wRIt basa end coller. 8) Mounting bral;Qtend han1ware. EL"'............ICS 1) Decab.lr E1ec;tnm1cs S12 !lJngIe dlJedJonal radar unit. 2) latest generatiOn high Intensity lEO's. 3) 18" FuR mallIx (rounded) c: """...,,'5. 4) AulIlmelk;, Inlansl1v adlustment to ambient fi9ht conditions. 5) Sellar panel "'" ". ' -8llWlllt-Wilh mounting lltacket 8) Backup blItt8lY wRIt baltely chafger. 7) Redlblue flashing baN violator alert (at lh8 top of the display bCllIfd) 8) "Slow Dawn" vloIBlor alert. PRICIN.@:. ~ 1 g:r.y; 4 EACH ;.::.rc:.....r..cAnoN~ UNIT PRICE .;0 ,7350 - TOTAL PRIc,g 00 $~9 (jDO - , RADAR SPEED DISPLAY SIGNS DEUVl:RY. SHIPPING. & HANDLING (If ANY) $ (Zf 0" $ J 9 L.JOc> - TOTAL DaJVERED PRICe , CLEARLY STATE ALL WARRANTIES IN DETAIL AND LENGTH OF TIME. LL:tH - '5 :tfS R<c.~<J' G..."" :l 'J1t .- MUST SUBMIT "ATTACI ',. :;,1" A"PRlCINGWITH BID "..,...........- 6 ;.. ~i;~':\,," (; ~\ (..:' ~'; t_~." .. ~;. \. t..'''-" l. ~- ~". . ;:,~'::~~.:.. ,." i~ . .k.;' -. ;:'-" .'" r~~";~: ,.". ~><>" ~;<' ~'~{- "". D1J~' fiJP/? ;"'- '.~" .~ ..10-" . . . ---." ,.". .:...... .~- . .' ,i,':':. e".,. . . . ........ .', ,. ~" . .-,"- .... . ~;~':" . ~..,:, . ~......, .- ~";. /'.' ~';'-'--" "'.....,. tr~ \ i:;, '-' " :<~ \ ,.~. , ......... ~- .,"~' "'......':'ot,71 .,....~" Ig"'" '\~f" . -{.'" \ "..::s \ I j ~ /" ~..._ '1../ .I 1;\.' "/, _I; l;/ :M.~~ .:i~ RU2 Fast 350 Pole Mount Radar Speed Display Signs '/ RU2 Systems has your pole mount traffic calming needs _v, ~~.f with our unique pole mount radar speed display signs. Mounted permanently or semi- permanently, these high intensity LED displays get the ~~~....;';Dn of oncoming drivers. The signs can be directly hard- wired to your electric service or optionally powered by a solar power system.. Each of these designs feature a full matrix high intensity LED display with 18" characters. This larger 18" character is ~~..._~_:ate for higher speed (35 MPH+) and any longer line-of-sight locations where speeding is a problem. 'lhlly ~............;ate any time you really want to Ittake an ~.lJ"''(:joo~on! Standard configuration includes: 1) MiniII1um show speed, 2) Maximum show speed (bhmlring),3) Flashing Digit Violator Alert, 4) Automatic intensity adjustment to ambient light and, 5) Dual cycle 24 hour ON/OFF clock. Several Violator Alerts are available including an embedded .SLOW DOWN" message, our unique flashing RedIBlue bars. particularly effective at night and high intensity white LED strobe. In addition, various 3rd party timing apparatus can be included. lhe closely related RU2 Fast 360 features two and one-half 18" full matrix characters for KPH and racing applications. The leading "One" digit allows for readings up to 199. RU2 Systems has the right Radar Signs & Trailers to make your Traffic Calming Program a Success! PO Box 4468 Apache Juncflon, fQ 85278 [p] 480.982.2107 IF] 480-982-5237 ToD Free 877-982-2107 e-mail: Info@ru2sy&tems.com www.ru2systems.com ,~ f~~;;',~'" r - -" ;<~:: ~ ~. '.:~."',., "' t:J1JJ%JI gfJw.I ~" f~~i'::" '._ ,.:. ~" '.. ~~,. .,~ ~::" l'~'/ !:~'. .'- ..-.....,".. %- ~.> p:' \. fP~". ~ "'- '. ',("'" :. "', ~.:';.;~c, '~\\., .' . ~;j"!:, . ~~0? ~,... t.: &'" .','" ik." /" ~r~t\~' .~ ~'i.' '-'" ~.+"F'" ~d :,,;.'~\<;.> ',. K" ,., L.'\ t:~:.~:; :"/ . ~.i,"'\i:". ",., ". \:';;..""\.. ."' ". r(f~'2 ) .>~: "':,' ". '-:' t'\.. . ~J.., ; ., : "":"i ~r .. T" , . . Rev. 21AuQ: 05 '- ..... t:'.\ '- .,.. "" .. ,.",!, ,~' , RU2 Fast 350/360 Pole Mount Radar Speed Display Sign Specifications ~/ Casework: . 1/8' fhlck welded aluminum conslructlon. reor access ponel to critical components . White powder coat paint Inside and out - custom ColOIS available . All stainless steel hardware . 'YOUR SPEED' sign Included (MUTeD compUant) . GE Lexano shielding wiIt1 a SI1"1Ol<ed, non-glare finish tor easy readoblllly even in direct sunlight . Universal mounffng brackets inclUded - please specny appUcatlon Electronics: . K-band single directional radar unit . 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RU2 Systems, Ine, PO Box 4468 Apache Junctfon, AZ 85278 [PI480-982-2107 [FI480-982-5237 Toll Free 877-982-2107 www.ru2systems.eom ,,\". ... r City of ?WheatRt..-dge ITEM NO: 2, REQUEST FOR CITY COUNCIL ACTION ~~ lli;~.~~;f8 H~WI ~~ COUNCIL MEETING DATE: February 25, 2008 BiLE: COUNCIL BILL 02-2008 - AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26-711.B o PUBLIC HEARING o BlDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (01/28/2008) l8J ORDINANCES FOR 2ND READING (02/25/2008) Quasi-judicl'al: .:tb'. YE. S ~ ~~ff)' ~ \/JIr.- Y '../ I ~ irector;r ~ommunireVelopm~ IZI NO City~CU~ EXECUTIVE SUMMARY The current section of the Zoning Code that regulates billboards is not specific in regards to implementation and pennitting processes. The lack of specificity has resulted in a need to develop administrative procedures to deal with instances of billboard vacancies and the procedures for filling those vacancies. The administrative procedures used in the past have been called into legal question in some instances. Upon City Council's direction, the Community Development Department has drafted more specific and defined procedures and regulations, with the intent of alleviating some of the procedural uncertainties. The Zoning Code currently allows a maximum number of 16 billboards in the B-2 billboard district. City Staff held a public stakeholders meeting in December to gain input, and has conducted working sessions with industry professionals. The proposed ordinance would increase the number of allowed billboards within the B-2 district from 16 to 18. The ordinance also creates an equitable system to determine who is entitled to erect a billboard in the event of a vacancy. COMMJSSIONIBOARD RECOMMENDATION The Planning Commission reviewed the ordinance on January 17, 2008 and recommended approval with the following staffrecnmmpnded conditions: 1. Add B.1.e which states: "Failure to notify the Department of intent to temporarily remove a billboard structure". 2. Remove all references to the IO-day window and replace with 'application period'. 3. Change the 30-120 day lottery window to a 60-90 day lottery window. 4. Add the following language to F: "With respect to any single location within the B-2 billboard district, only one application will be entered into the drawing. In the event multiple applications for a single location are submitted, none will be entered into the drawing unless all but one are withdrawn." Additionally, Planning Commission recommended the following conditions of approval: 1. Increase the maximum allowed height of billboards from 32 feet to 45 feet. 2. Decrease the billboard spacing requirement from 600 feet to 500 feet. The first four recommendations were included in the 151 reading ordinance as passed by City Council and published. The fifth and sixth recommendations are not included in the ordinance as currently drafted, and should be discussion items at the City Council public hearing. There were a few attendees at the Planning Commission meeting who spoke in reference to the proposed ordinance. While some offered suggestions to the language or development standards proposed, all offered support of the ordinance. STATEMENT OF THE ISSUES Throughout the billboard permitting and billboard ordinance code rewrite processes, there has perhaps been one primary underlying policy question under discussion: Who 'owns' the permit or entitlement? In staff's research, each surrounding community handles permit ownership differently; some attach the ownership to the property owner, others to the permit holder. This issue is somewhat unique in respect to billboards, as the City has chosen to establish a maximum number of allowed billboards, making the ability to erect a billboard a valuable entitlement. The proposed ordinance was crafted with the assumption that the permit would belong to the property owner as is typical for most land use entitlements. When the y.vy".;y owner chooses to relinquish the billboard permit, thereby relinquishing the right to have a billboard, the permit and billboard right would expire. The billboard company who may own the actual billboard structure is able to secure any additional "ownership rights" through the leasehold contractual relationship they have with the property owner. As is typically the case in property issues, the City is not party to nor necessarily aware of the details of those private contractual relationships. As drafted, the advertising company who erects the billboard would not be able to transfer the billboard right to another willing property owner. The intent was that the lottery system would create a fair and equitable environment for all property owners in the B-2 district to have a chance at securing a billboard permit as vacancies become available. During the first reading of the ordinance, City Council adopted certain language amendments, including a section "K", which read: Assignment of billboard permit. A current and valid billboard permit shall be freely assignable to a successor, as owner of the property where the billboard is located or of the leasehold of the billboard, subject to filing such application as the Community Development Director may require and paying applicable fees. The assignment shall be accomplished by filing and shall not require approval. Other first reading language amendments related to additional notification requirements to billboard advertising companies that are party to a permit. Community Development staff reviewed the 1st reading ordinance with the City Attomey's office and we also received comments from some sign industry representatives who have been involved in the code rewrite process. Based on those discussions and clarification on the policy intent with Councilmember Berry, Staff is proposing 2nd reading amendments that relate primarily to changes to Section K. Staff is proposing that Section K be removed and replaced with a new section K that establishes requirements that all existing billboards be "registered". lbis will allow staff the ability to more easily notify property. owners and billboard structure owners in the event of vacancies, abandonments, etc. Staff is also proposing that the definition of "property" be clarified and that two references to "Iocation" be changed to "property" as defined in the ordinance. Staff's proposed 2nd reading amendments are included in a second version of the proposed ordinance, attached to this Council Action Form, with the proposed changes higWighted. In regards to the transferability of billboard property rights, staff believes that as a matter of general land use law in the City a valid billboard permit or registration is transferable from the existing property owner to a future property owner. It is Staff's belief that property rights, such as valid billboard permits, are automatically transferred upon sale of property and do not need to be assigned to a successor or future property owner. It should also be noted that the primary reason for including the "temporary removal" provisions in the proposed ordinance is to allow a property owner the ability to negotiate a new lease with a new billboard company if they so choose without losing their existing billboard entitlement. So long as the new billboard structure could be installed in compliance with the current zoning and building code requirements and any previously issued billboard permits, that change would be allowable without the City's approval of a new billboard permit through the lottery process. Building permits would be required. To the extent that staff has not captured City Council's intent in addressing the ownership of the billboard property rights, staff would request further discussion and direction at the public hearing. ~TERNATIVES CONSIDERED None. FINANCIAL IMPACT The proposed ordinance lays the groundwork for a fee system for billboards. All new billboards would be subject to an application fee and inspection fee. Additional legislation is required for the inclusion of an annual renewal fee. RECOMMENDED MOTION If Council desires to approve the Ordinance as published on 1 st reading: "I move to adopt Council Bill 02-2008, case number ZOA-07-0I, an ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, on second reading to take effect 15 days after final publication." or If Council desires to include staff recommended changes on 2nd reading: "I move to amend Council Bill 02-2008, case number ZOA-07-0I, an ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, on second reading to take effect 15 days after final publication, with the following second reading amendments: 1. Delete Section K, to be replaced with a new Section K reading as follows: "Registration of Billboards. All billboards which are in existence as of April 1 , 2008 shall be required to register with the Community Development Department. The registration shall be used solely for contact with either the property owner or structure owner. For billboards in existence as of April 1 , 2008, failure to register said billboard by June 30, 2008 will render the billboard abandoned, and the procedures in subsection D shall be followed. The City shall supply the registration form"; 2. Add a definition for "property", reading: "Property. For the purpose of this section a lot of record which is identified by a singular and unique Assessor's Parcel Number (APN)"; 3. Change all references in the ordinance to the word "location" to the word "property"; and 4. Add a section B.I.e to the ordinance, reading: "failure to register an existing billboard by June 30, 2008." ATTACHMENTS: 1. Staff report to Planning Commission 2. Council Bill 02-2008 (as passed on 1st reading and published) 3. Council Bill 02-2008 (with staff recommended changes as discussed in the Council Action Form) 'Q~ tli"". PLANNING COMMISSION LEGISLATIVE ITEM STMF REPORT !\<w,J!.ul'lGDATE: January17,2008 TITLE: AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 CONCEfu\.IHG THE REGULATION OF BILLBOARDS CASE NO. WA-07-01 [gJ PUBLIC HEARING o RESOLUTION [gJ CODE CHANGE ORDINANCE o STUDY SESSION ITEM Case Manager: Travis Crane Date ofF....l'''',,;;on: January 8, 2008 SUMMARY: The attached ordinance amends the billboard regulations of the City. The current regulations do not contain provisions which provide any guidance for the permitting of billboards. The proposed ordinance memorializes the lottery system that was utilized in December 2005 to award a billboard permit for a property in the B-2 district. The ordinance also repeals the B-1 District since it is no longer needed. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: The current billboard regulations were adopted in 1991 and were not revised when Chapter 26 was updated in 2001. The regulations establish two billboard districts -1) essentially adjacent to 1-70 (called B-2) and 2) the remainder of the City (called B.I). The regulations required all billboards in the B-l District to be removed by 1996. These have all been removed and this district is no longer needed. A revised billboard district map has been attached as Exhibit 1. The regulations of the B-2 District set the maximum number of billboards in the district at 16. Height, setback, spacing, and maximum size standards are also established. Other than setting the maximum number of 16 for the number of billboards, there is no guidance in the Code as to who "owns" the right to the billboard, when that right expires, who can apply for a billboard permit, and how permits are to be issued if there are competing interests for one billboard. A proposed ordinance change regarding billboards was presented to Planning Commission and City Council in mid-2007. The proposed ordinance essentially tied all existing billboards to their current locations. [fa billboard were ever removed, it could not be reconstructed. This ordinance ZOA-07.01lBiIlboards I AT I ACHMENT 1 was not ,,"!,!,w.ed by City Council. Rather, Council directed staff to conduct a public stakeholders meeting to discuss alternatives to the billboard ordinance. This m~~;;..., was held on October 29, 2007. A synopsis of this meeting has been attached as Exhibit 2. The attached ordinance has integrated many of the comments genemted at the public stakeholders meeting. A City Council study session was held in December 2007 to disCl;lSs the outcome of the stakeholders meeting, and to ask for direction ''''i><u.Jing the proposed ordinance. The City Council study session produced several points of direction for staff. First, staff was directed to create an ordinance which would allow all property owners in the B-2 district an even chance of erecting a billboard if a vacancy arose. Second, cre~definition of and prolu"bition for. animated billboards. Third, create definitions for abandoned biflb"oardS. Lastly, create a fee structure for billboard permits, inspections and annual renewals. STATEMENT OF TIlE ISSUES: Billboard companies typically enter into ground leases with a property owner and pay the owner rent for the right to have their billboard on that property. Leases are typically for 10 years. The billboard locations have remained relatively static over the years. In December 2005, a billboard vacancy was created. Staff examined the Code, and discovered that the guiding regulations were silent for instances when a billboard was removed. Specifically, who was entitled to erect the 16th billboard to fill the vacancy? The property owner? The structure owner? Each interested party had a different opinion. The billboard c_.~t''''..f claimed they owned the permit for the billboard and could move it anywhere in the B-2 District. Another billboard company said the right to the billboard expired with the lease, and thus the permit was available to any c.,...!'_j. The landowner claimed the billboard location should be vested with the t"u!,~"Y. With the assistance of the City Attomey, staff created a process and policies for dealing with this situation. The process which was u.....,,,,J was a lottery system where an applicant may submit all required documentation for a permit to fill the billboard vacancy. Guidelines for submittal were established, and the policy was ._........unicated to i..l~.""~~ parties. The December 2005 process essentially tied the right to the billboard to the ground Iel!8e. When the lease expired, so did the right to the billboard. That 16th billboard then became available for any company or land owner to pursue on a first come, first served basis. In cases where permit applications are med at the same time for that 16th billboard, a lottery is held to determine who receives the right to the billboard. The process is a bit cumbersome and time consuming. Multiple applications were submitted for inclusion in the lottery. This experience with this process resulted in a lawsuit by a billboard vu",!,<&U.j in December 2005. The Court of Appeals has ruled that the lottery process was acceptable; however, the lottery should only contain one application per property. The City is awaiting direction from the Courts '''i><u.Jing a solution, which may entail another lottery. The attached ordinance implements City Council' s ...."..~ended "!'.l',v...ch, the codification of the lottery system (Exhibit 3, Proposed Ordinance). This alternative keeps the number of billboards in ZOA-07-01IBiIlboards 2 the B-2 district at 16, and allows fair competition for installation of a billboard in the event of a vacancy. The proposed ordinance specifies when a billboard vacancy has been established, and provides an application window for anyone in the B-2 district to apply for the right to install a billboard. A lottery system occurs if multiple applications are submitted for the billboard vacancy. UNANSWERED OUESTIONS The proposed ordinance proposes a new annual renewal fee which must be paid at the first of the year. Staff does not have a recommendation of the amount of this renewal fee. In our research, only one city responded that an annual inspection fee is charged for billboards. The City of Denver does charge a fee of up to $100 for a billboard pennit, depending on the size of the advertising copy. In addition, Staff feels that language should be added to the ordinance which discusses the fee or reimbursement for the notification. Typically, certified notices are sent for all public hearing items by city Staff. The fee schedule for land use cases contains a line item for publication fees. Staff feels that the notification of all B-2 I'wl'''<'1 owners in preparation of the lottery should also be paid by the applicant. It would make sense to have the winner of the lottery reimburse the City for all mailing costs associated with the notification. ;RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article VII of Chapter 26 concerning the regulation of billboards." Exhibits: 1. Billboard District map 2. Public Meeting Synopsis 3. Proposed Ordinance WA-07-01/Billboards 3 .LST READING ORQINANCE - AS PUBqSJ:II'I?uuuuum.. _________m~___----i Formatted: Highlight ~~<::--{ Formatted: S~perscript, Highlight . -- - -'1 Formatted: Highlight CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 02-2008 Ordinance No. Series of2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-7II, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26- 711.B WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, C.R.S. 31-23-101 !l!~. and 29-20-101 !l!~. to regulate the use of land and structures thereon; and WHEREAS, pursuant to Ihis authority, the City Council has previously enacted Section 26-71 I of the Code of Laws, concerning billboard sigus in the B-2 District; and WHEREAS, said Section 26-71 I.C currently permits a maximum of sixteen (16) billboards in the B-2 District and the Cilv Council finds that an increase to the maximum allowed number of hill boards would not be detrimental: and WHEREAS, at the time of adoption of this Ordinance, the maximum sixteen billboards are in place in the B-2 District; and WHEREAS, the billboard limitation has been difficult to administer in practice, owing to the difficulty in determining when individual billboard leases cease or are terminated; and WHEREAS, the City Council has determined that in order to eliminale these administrative difficulties, Section 26-711 should be amended to provide regulations which clarifY when a new billboard is permitted in the B-2 District; and WHEREAS, the City Council has determined that animated billboards distract motorists and can cause a siguificant traffic hazard; and WHEREAS, the City Council has determined that an amended fee schedule is necessary to offset City Staff review and preparatory time in processing applications for billboard permits, and that the collected fees could be used to combat the blight created by large advertising structures; and WHEREAS the City Council fmds that Code Section 26-71I.B, concerning billboards in the B-1 District is no longer necessary as all billboards in the B-1 District were removed prior to January I, 1996. I ATTACHMENT 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-702 of the Wheat Ridge Code of Laws is amended to include the following defmitions: Billboard removal. When a billboard is not capable of displaying advertising. A billboard is considered removed when the supporting pole or structure is not present. Commercial electronic variable message signs (CEVMS). An advertising device which changes its advertising message by electronic or digital process or by remote control, or which uses rotating slats, moving or reflective disks, light emitting diodes (LEDS), glow cubes, or other means of changeable illumination. A sign which utilizes a message which must be incrementally updated to reflect a change in status, such as an updating monetary total on a lottery billboard, shall not be considered a commercial electronic variable message sign. Changeable copy messages which update the entire message on a pre- determined timeframe shall constitute a CEVMS. Temporary billboard removal. When either the advertising copy area or support pole or structure of a billboard, or both, are removed from a property for a period not to exceed 180 calendar days. If the temporary removal is for a period which exceeds 180 calendar days, the billboard structure shall be deemed abandoned, as described in subsection B. Temporary removal shall not apply to routine maintenance such as painting or message replacement. These activities may occur without notification or need to secure a building permit. BilIhoards which are non-confonninlI nursuant to the reQulations of the Colorado Deoartment of TransDortation must follow the reauirement" of that Denartment concerning removal and reconstruction. ~ection 2. Code of Laws Section 711 is amended to read: A. General provisions. I. For the purpose of this subsection A, a portion of the city is designated as the B-2 billboard district, El;.,;~.~ ;".3 'Wi! (2) llillbeard dis".;~l." B : and B 2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. Billboards are only allowed witbin tbe B-2 billboard district. Properties witbin tbe B-2 district must be zoned NC, R-C, C-I, C-2, I, PCD or PID and must comply witb tbe applicable city, state and federal restrictions to be eligible as a site upon wbicb a billboard may be permitted. 2. BillbeaF<l structures IlfO alle'/."e~ ~. tL ~it)., ::: ~cJ...idod by tills soetiea; JlfO';J,J, t:'llIl aAny application for a billboard proposed to be located, relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway shall be accompanied by written approval by the state or federal agency of jurisdiction. 2 3. Setba""" shall he as-re<jlt::::= ::c: rri/leipal slflle!ufe in the reaing di.met where leeated. Maximum number allowed is eil!hteen (18). 4. Roofbillboards are not allowed. 5. All new billboards shall be of the monopole type, unless prohibited by soil conditions as certified by a professional engineer. Billboards may be either a 'v-style' orientation whieh contains advertising on eaeh visible faee or a single advertising copy structure with back-to-back advertising copy areas. 6. Existing billboards are to be maintained in a neat and safe condition. The property located within a 50 foot radins of the support structure of any billboard shall be well maintained and kept free of weeds, trash and debris. The maintenance area shall only extend to the property on which the billhoard is located. pre'fided, tIlat fINo existing billboard may be rebuilt or replaced except in conformance with these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering to its safety. 7. Maximum size of the advertising copy area shall not exceed seven hundred rd"ty (750) square feet per side. 8. Setbacks shall be as required as follows: a billboard must be loeated at least fifty (50) feet from any right-of-way; tbe setback from all other property lines shall be equal to the overall structure height. Setbacks shall be measured from the closest point of the billboard structure perpendicular to the nearest property line. 9. Maximum height ofthe billboard structure shall be thirty (32) feet. 10. No new billboard may be located closer than six hundred (600) feet (measured from the closest point to each structure) to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. 11. Non-conforming billboards are subject to the provisions of section 26- 707. 12. Any lighting which illuminates a billboard shall be fully shiclded. downcast, and shall not interfere with any driver's vision on adjacent roadways. 13. Commercial electronic variable message signs (CEVMS) or any other type of animated billboard signs which use either actual or implied motion, are prohibited. B. B : Dislriet. ~:: :::i after Janlffil)" 1, 1996, hillhe"""s _prohihitaa in the B I district. Abandoned billboards. 1. A billboard shall be deemed abandoned if: a. a billboard structnre is removed without first securing a building permit for the demolition of the structure, 3 b. temporary removal exceeds the ISO-day period as described in subsection C, ~. the property owner notifies the Community Development Department of its intent to abandon the billboard structure and relinquish any right to maintain such structure, d. Failure to notifv the Denartment of intent to temnorarilv remove a hillboard structure. or e. If a billboard is considered abandoned. the Communitv Develonment Denartment shall notify the billboard structure owner and the nrODertv owner bv certified mail. For DDrODses of notification. the owners of record shall be those listed on the billboard nermit. 2. Ifthe owner ofthe property upon which a billboard structure is located notifies the Community Development Department by notarized letter that he or she relinquishes the right to a biUboard on the property described, the billboard is deemed abandoned. For the purpose ofthe structure, the term 'property owner' does not include the owner ofthe billboard structure, unless the owner ofthe billboard structure also owns the underlying real property. 3. Once a billboard is abandoned and the owner oftbe billboard structure notified. the owner of the billboard structure shall have 30 days to remove the structure. If an abandoned billboard is not removed within 30 days of notification, the City shall cause the structure to be removed consistent with section 15, article II ofthis Code. Once an abandoned billboard has been removed, a vacancy is established for purposes of Sections 711.A.3 and 711.D. C. Temporary billboard removaL The property owner upon which the billboard strncture is located shall uotify the Community Development Department in writing prior to any temporary removal. A building permit must be applied for and obtained for the temporary removal. Failure to obtain a building permit for the temporary removal of a billboard structure, or failure to notify the Department of any temporary removal shall constitute billboard abandoument, as defiued herein. lfa billboard is removed on a temporary basis, any non-conforming structure must be reconstructed in conformance with these regulations. D. Billboard vacancy. Following billboard abandonment, the Community Development Department shall notify every property owner in the B-2 district by certified mail announcing the billboard vacancy. An advertisement shall also be placed in the local newspaper notitying ofthe same. The notification will specity a date by which all applications must be submitted to the Department for a billboard permit. 4 The application period shaD occur no sooner than sixty (@) days and not later than ninetv (2Q) days after publication ofthe notification of vacancy. The aDDlication period shall conclude at 5 p.m. on the stated day. If the endin" day falls on a Saturday, Sunday or observed City holiday, the application period shall be extended to 5 p.m. on the next regular working day. Onlv one aDDlication Der prooertv may be submitted for inclusion in the drawinp". In the event that no comnlete anolications are suhmitted for inclusion in the drawiot!. the Denartmen~ will orocess annlications thereafter on a tirst-come. first served basis. If multinle annlications are submitted in this instance. the reauirements of subsection F shall be followed. E. Permit submittal requirements. The application for a biUboard permit shall include the following: 1. a completed building permit application form signed by both the proposed billboard structure owner and the property owner, 2. a letter from the applicauts acknowledging that the applicants believe that the proposed billboard structure complies with C.R.S. 43-1-401 ~ seo., and the rule~ and regulations ofthe City of Wheat Ridge, 3. the billboard aDDlication fee, as required by subsection I, 4. copy ofthe property deed where the billboard structure will be placed, 5. a site plan which details the location of the proposed biUboard structure in relation to property lines and all existing structures, 6. a certified survey of the property, 7. a detailed elevation sheet of the proposed billboard structure, and 8. certified engineering details of the proposed billboard structure, including foundation details and proofthat the underlying soil is adequate to support said structure. F. Multiple applications. Ifmore than one application for a biUboard permit has been submitted orior to the end of the annlication neriod as snecified in the Dublic notice, all applications which include all the required submittal items shall be entered into a drawing by lot. With resnect to anv sin,,'e location within the B-2 billboard district. onlv one annlication will be entered into the drawinp. In the event multinle 3DDlications for a sinple location are submitted. none will he entered into the drawing unless all but one are withdrawn. The drawing shall occur immediatelv after the comoleteness review. as soecified below in subsection G. All parties who have submitted valid applications as described above shall be invited to witness the drawing. G. Completeness review. The permit applications shall undergo a cursory review for completeness of the permit submittal requirements prior to the drawing; if an application does not contain one or more ofthe submittal items listed in 5 subsection E, the application shall be returned with an explanation of deficiency and may not be corrected and resubmitted for inclusion in the drawing. H. Detailed review. At the conclusion ofthe drawing, the Community Development Department shaD perform a detailed review ofthe ehosen applieation. If any technical eorrections are needed, the chosen applicant shall correct said deficiencies. t. Fees. 1. A billboard annlicatioo fee shaD be required at time of submittal of each application for a billboard structure. A billboard inspection fee and standard building permit fee as set by the Building Division shall be required for any issued building permit for a new or relocated billboard structure. ,2. ADDlication and insnection fees shall be established bv the Community Develonment Director and are detailed on the fee schedule kenf in the Communitv Develollment Denartment for Dublie insoection:, J. Expiration. A permitted billboard must be erected within one hundred eighty (180) days of issuance ofthe building permit. If the structure is not erected within this 180 day period, the ability to erect a billboard aod the buildinl! nermit for tbe same shall be deemed forfeited. The Community Development Department will then follow the procedures listed in subsection (D) for a billboard vacancy. K. A.f.df!nment of billboard nermit A current and valid billboard nermit shall be freelv assil!nable to a successor. as owner of the oronertv where the billboard is located or of tbe leasehold of the billboard.. subiect to filing such annlication as the Communitv Develaoment Director may reouire and navin~ aonlicable fees. The assitmment shall be accomnlished bv filing and shall not reouire 3oDroval. 6 STAFF PROPOSED 2ND READING EDITS CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 02-2008 Ordinance No. Series of2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26- 711.B WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, C.R.S. 31-23-101 et sea. imd 29-20-101 et sea. to regulate the use ofland and structures thereon; and WHEREAS, pursuant to this authority, the City Council has previously enacted Section 26-711 ofthe Code of Laws, concerning billboard signs in the B-2 District; and WHEREAS, said Section 26-711.C currently permits a maximum of sixteen (16) billboards in the B-2 District and the City Council finds that an increase to the maximum allowed number of billboards would not be detrimental; and WHEREAS, at the time of adoption of this Ordinance, the maximum sixteen billboards are in place in the B-2 District; and WHEREAS, the billboard limitation has been difficult to administer in practice, owing to the difficulty in determining when individual billboard leases cease or are terminated; and WHEREAS, the City Council has determined that in order to eliminate these administrative difficulties, Section 26-711 should be amended to provide regulations which clarify when a new billboard is permitted in the B-2 District; and WHEREAS, the City Council has determined that animated billboards distract motorists and can cause a significant traffic hazard; and WHEREAS, the City Council has determined that an amended fee schedule is necessary to offset City Staff review and preparatory time in processing applications for billboard permits; and WHEREAS the City Council finds that Code Section 26-711.B, concerning billboards in the B-1 District is no longer necessary as all billboards in the B-1 District were removed prior to January 1, 1996. 1 ATTACHMENT 3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-702 of the Wheat Ridge Code of Laws is amended to include the following defInitions: Billboard removal. When a billboard is not capable of displaying advertising. A billboard is considered removed when the supporting pole or structure is not present. Commercial electronic variable message signs (CEVMS). An advertising device which changes its advertising message by electronic or digital process or by remote control, or which uses rotating slats, moving or reflective disks, light emitting diodes (LEDS), glow cubes, or other means of changeable illumination. A sign which utilizes a message which must be incrementally updated to reflect a change in status, such as an updating monetary total on a lottery billboard, shall not be considered a commercial electronic variable message sign. Changeable copy messages which update the entire message on a pre- determined timeframe shall constitute a CEVMS. Property. For the purpose of this section, a lot of record which is identifIed by a singular and unique Assessor's Parcel Number (APN). Temporary billboard removal. When either the advertising copy area or support pole or structure of a billboard, or both, are removed from a property for a period not to exceed 180 calendar days. If the temporary removal is for a period which exceeds 180 calendar days, the billboard structure shall be deemed abandoned, as described in subsection B. Temporary removal shall not apply to routine maintenance such as painting or message replacement. These activities may occur without notifIcation or need to secure a building permit. Billboards which are non-conforming pursuant to the regulations of the Colorado Department of Transportation must follow the requirements of that Department concerning removal and reconstruction. Section 2. Code of Laws Section 711 is amended to read: A General provisions. 1. For the purpose of this subsection A, a portion of the city is designated as the B-2 billboard district, diviclea inte twe (2) k]l~el!fd Elistricts, E 1 aR8 B 2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. Billboards are only allowed within the B-2 billboard district. Properties within the B-2 district must be zoned NC, R-C, C-1, C-2, I, PCD or PID and must comply with the applicable city, state and federal restrictions to be eligible as a site upon which a billboard may be permitted. 2. :~nlk~.:l struetw'es are alle...:ed h, 1:.e city, lIS previclecl Ily this sec-tien; pre'liEiea, that aAny application for a billboard proposed to be located, 2 relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway shall be accompanied by written approval by the state or federal agency of jurisdiction. 3. Setbaeks shall be as retjHffed fer a p~c;~p": struetlffe in the zemag distriet where Ieeated. Maximum number allowed is eighteen (18). 4. Roof billboards are not allowed. 5. All new billboards shall be of the monopole type, unless prohibited by soil conditions as certified by a professional engineer. Billboards may be either a 'v-style' orientation which contains advertising on each visible face or a single advertising copy structure with back-to-back advertising copy areas. 6. Existing billboards are to be maintained in a neat and safe condition. The property located within a 50 foot radius of the support structure of any billboard shall be well maintained aud kept free of weeds, trash and debris. The maintenance area shall only exteud to the property on which the billboard is located. flrevided, thttt fiNo existing billboard may be rebuilt or replaced except in conformance with these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering to its safety. 7. Maximum size of the advertising copy area shall not exceed seven hundred fIfty (750) square feet per side. 8. Setbacks shall be as required as follows: a billboard must be located at least fIfty (50) feet from any right-of-way; the setback from all other property lines shall be equal to the overall structure height. Setbacks shall be measured from the closest point of the billboard structure perpendicular to the nearest property line. 9. Maximum height ofthe billboard structure shall be thirty (32) feet. 10. No new billboard may be located closer than six hundred (600) feet (measured from the closest point to each structure) to any other billboard facing in the same direction on the same roadway as defmed by roadway name or number. 11. Non-conforming billboards are subject to the provisions of section 26- 707. 12. Any lighting which illuminates a billboard shall be fully shielded, downcast, and shall not interfere with any driver's vision on adjacent roadways. 13. Commercial electronic variable message signs (CEVMS) or any other type of animated billboard signs which use either actual or implied motion, are prohibited. B. 11 1 DistFiet. Oil. and after .h.nu<UJ I, I c;.?6, billl3sards are flrehibited in the B 1 district. Abandoned billboards. 1. A billboard shall be deemed abandoned if: 3 . ! a. a billboard structure is removed without first securing a building permit for the demolition of the structure, b. temporary removal exceeds the 180-day period as described in subsection C, c. the property owner notifies the Community Development Department of its intent to abandon the billboard structure and relinquish any right to maintain such structure, or d. failure to notify the Department of intent to temporarily remove a billboard structure, or e. failure to register an existing billboard by June 30, 2008. 2. If a billboard is considered abandoned, the Community Development Department shall notifY the billboard structure owner and the property owner by certified mail. For purposes of notification, the owners of record shall be those listed on the billboard permit. 3. If the owner of the property upon which a billboard structure is located notifies the Community Development Department by notarized letter that he or she relinquishes the right to a billboard on the property described, the billboard is deemed abandoned. For the purpose of the structure, the term 'property owner' does not include the owner of the billboard structure, unless the owner of the billboard structure also owns the underlying real property. 4. Once a billboard is abandoned and the owner of the billboard structure notified, the owner of the billboard structure shall have 30 days to remove the structure. If an abandoned billboard is not removed within 30 days of notification, the City shall cause the structure to be removed consistent with section 15, article II of this Code. Once an abandoned billboard has been removed, a vacancy is established for purposes of Sections 711.A.3 and 711.D. C. Temporary billboard removal. The property owner upon which the billboard structure is located shall notifY the Community Development Department in writing prior to any temporary removal. A building permit must be applied for and obtained for the temporary removal. Failure to obtain a building permit for the temporary removal of a billboard structure, or failure to notify the Department of any temporary removal shall constitute billboard abandonment, as dermed herein. If a billboard is removed on a temporary basis, any non-conforming structure must be reconstructed in conformance with these regulations. D. Billboard vacancy. If the number oflegally permitted or registered billboards falls below the maximum number allowed as established in subsection A.3, the Community Development Department shall notifY every property owner in 4 the B-2 district by certified mail announcing the billboard vacancy. An advertisement shall also be placed in the local newspaper notifying of the same. The notification will specify a date by which all applications mnst be submitted to the Department for a billboard permit. The application period shall occur no sooner than sixty (60) days and not later than ninety (90) days after pnblication ofthe notification of vacancy. The application period shall conclude at 5 p.m. on the stated day. If the ending day falls on a Saturday, Sunday or observed City holiday, the application period shall be extended to 5 p.m. on the next regular working day. Only one application per property may be submitted for inclusion in the drawing. In the event that no applications are submitted for inclusion in the drawing, or if none of the submitted applications meet the minimum requirements of subsection E, the vacancy shall remain. In this instance, the Department will process applications thereafter on a first-come, first served basis. If multiple applications are submitted in this instance, the requirements of subsection F shall be followed. E. Permit submittal requirements. The application for a billboard permit shall include the following: 1. a completed building permit application form sigued by both the proposed billboard structure owner and the property owner, 2. a letter from the applicants acknowledging that the applicants believe that the proposed billboard structure complies with C.R.S. 43-1-401 et sea., and the rules and regulations of the City of Wheat Ridge, 3. the billboard application fee, as required by subsection I, 4. copy of the property deed where the billboard structure will be placed, 5. a site plan which details the location of the proposed billboard structure in relation to property lines and all existing structures, 6. a certified survey ofthe property, 7. a detailed elevation sheet of the proposed billboard structure, and 8. certified engineering details of the proposed billboard structure, including foundation details and proof that the underlying soil is adequate to support said structure. F. Multiple applications. If more than one application for a billboard permit has been submitted prior to the end of the application period as specified in the public notice, all applications which include all the required submittal items shall be entered into a drawing by lot. With respect to any single location property within the B-2 billboard district, only one application will be entered into the drawing. In the event multiple applications for a single 10 c., ,~~, ... property are submitted, none will be entered into the drawing unless all but one are withdrawn. The drawing shall occur immediately after the completeness review, as specified 5 below in subsection G. All parties who have submitted valid applications as described above shall be invited to witness the drawing. G. Completeness review. The permit applications shall undergo a cursory review for completeness of the permit submittal requirements prior to the drawing; if an application does not contain one or more of the submittal items listed in subsection E, the application shall be returned with an explanation of deficiency and may not be corrected and resubmitted for inclusion in the drawing. H. Detailed review. At the conclusion of the drawing, the Community Development Department shall perform a detailed review of the chosen application. If any technical corrections are needed, the chosen applicant shall correct said deficiencies. I. Fees. 1. A billboard application fee shall be required at time of submittal of each application for a billboard structure. A billboard inspection fee and standard building permit fee as set by the Building Division shall be required for any issued building permit for a new or relocated billboard structure. 2. Application and inspection fees shall be established by the Community Development Director and are detailed on the fee schedule kept in the Community Development Department for public inspection. J. Expiration. A permitted billboard must be erected within one hundred eighty (180) days of issuance of the building permit. If the structure is not erected within this 180 day period, the ability to erect a billboard and the building permit for the same shall be deemed forfeited. The Community Development Department will then follow the procedures listed in subsection (D) for a billboard vacancy. K. Assignment oj bilJbslH'tl pe1'mit. f. curf....~ "..<I. villid billbollrd permit shllH be freely Ilssignllble to Il ...........81', IlS owner of (II... .." 8perty where the billbollM is located or oCthe L.."II.,1c! of tile billboard, subject to filing suell ,; ;r...,.;lon IlS the C """ ce, !BUy DeveL" ce. .o.:,-Dffee~,,>c "",,,~,. ,elJ.uire Ilnd plIYing Illlpliellble fees. The assignment shllH b, ~.H'''''l'[,hed by filing Ilnd shaH not relJ.uir.. "l'l"".wRI, Registration of billboards. All billboards which are in existence as of April 1, 2008 shall be required to register with the Community Development Department. The registration shall be used solely for contact with either the property owner or structure owner. For billboards in existence as of April 1, 2008, failure to register said billboard by June 30, 2008 will render the billboard abandoned, and the procedures in subsection D shall be followed. The City shall supply the registration form. 6 Section 3. Figure 26-711.1 is hereby amended to delete the reference to the B-1 District. l.-. .- ~ -[ ~ , I ~ ~ / I B-2 IlIIlboa'" DIsbIot I - ' I "1- ~ L. ,..''''.................... ----- r-~ i ---------- ~. -J- ( , ~ . ~_L" . , .".. -' r7" T1 f' I Section 4. Section 711.C is hereby repealed. Section 5. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on fust reading by a vote of 8 to 0 on this 28th day of January, 2008, 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 February 25, 2008, 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 25th day of February, 2008. 7 SIGNED by the Mayor on this ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: day of ,2008. Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attomey 8 ~u. ~ r City of ?WheatRt..-dge ITEM NO: '3,- REQUEST FOR CITY COUNCIL ACTION ~".,,'.""'..".':.':".'.......'.:\.....I.,:......I .....~..... ' -.-;J!A- ~ \.:.~ )~ ~ ..<~~<[/f COUNCIL MEETING DATE: February 25,2008 TITLE: COUNCIL BILL 03-2008 - AN ORDINANCE DESIGNATING A STRUCURE ON PROPERTY LOCATED AT 7495 W. 29TH AVENUE A HISTORIC LANDMARK SUBJECT TO THE PROVISIONS OF CHAPTER 26, ARTICLE IX OF TtlE WHEAT RIDGE CODE OF LAWS (CASE NO. WHL-08-0l). D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS IZI ORDINANCES FOR 1 ST READING (02/25/2008) o ORDINANCES FOR 2ND READING (03/24/2008) Quasi-judicial: 8J YES .'L\~~~.',)~- Jirectorbf commv Develvf'~..~lt D NO G4- lee..., ""1 City Mana ~er 0 EXECUTIVE SUMMARY The Wheat Ridge Historical Society is requesting approval of historic landmark designation for a structure located on the property at 7495 W. 29th Avenue. The property is currently zoned Planned Commercial Development. If the landmark designation is approved, the subject structure could not be demolished or physically altered without approval of City Council through a landmark alteration process. The property is subject to a pending zone change application to modify the original zoning conditions pursuant to Case No. WZ-05-1O. The proposed change of conditions would allow the structure on the southwest corner of the property to be removed and to allow for construction of a restaurant/retail commercial center. The Wheat Ridge Historical Society recommended approval of the historical landmark designation at a public hearing held on February 12, 2008. This request impacts or is related to the goals of the Strategic Plan relating to the City being prepared for growth and opportunities and redevelopment of major corridors. COMMISSJONIBOARD RECOMMENDATION The Wheat Ridge Historical Society recommended approval of the landmark designation at their meeting on February 12, 2008. A motion to recommend approval was made with all present Board of Directors supporting the motion. STATEMENT OF THE ISSUES Historic landmark designation nominations can be initiated by the property owner, a member of the Wheat Ridge Historical Society Board of Directors or by a member of City Council. If a property owner objects to the historic designation, a three-fourths vote of all City Council members is required to approve the landmark designation. The property owners do not concur with the designation nomination and have filed a formal objection. The objection is based on there being no reasonable return on the property if the designation is approved. Both the change of zoning conditions and the historic landmark designation cases are quasi-judicial in nature. There are rigid guidelines prescribed in Article IX (Historic Preservation) regarding scheduling of public hearings for landmark cases. If a property owner objects to the nomination, a public hearing must occur within 45 days of the Wheat Ridge Historical Society recommendation. The outcome of the historic landmark designation will have an impact on the zoning case. The current request of the property owners is for modification of the conditions approved by Case No. WZ-05-IO to allow removal of the house structure. If the landmark designation is approved by City Council, the change of zoning conditions and accompanying ODP document cannot be approved without modifications. If City Council declines to approve the historic designation, the change of zoning conditions and ODP document can be approved as proposed by the applicant. ALTERNATIVES CONSIDERED 1. Approve the landmark designation which will require modification of the applicant's zoning request and Outline Development Plan. 2. Do not approve the landmark designation so the property owners can proceed with the requested change of zoning conditions. FINANCIAL IMPACT There are no review fees collected for the processing of this application. There will be no direct monetary impact to the City if the request is approved. Redevelopment and any subsequent revenue gains to the City may be impacted by the landmark designation. If the rezoning request is approved and the property redevelops commercially, there will be sales tax revenues generated by any retail uses. Additional review fees will be required at the time of building permit and use tax will also be collected on any building materials if the property redevelops. RECOMMENDED MOTION "I move to approve Council Bill 03-2008, Case No. WHL-08-0I, a Request for Approval of a Historic Landmark Designation for a Structure Located on Property Zoned Planned Commercial Development at 7495 W. 29th Avenue, on first reading, ordered published, public hearing set for March 24, 2008." Or, "I move table indefinitely Council Bill 03-2008, Case No. WHL-08-0I, a Request for Approval of a Historic Landmark Designation for a Structure Located on Property Zoned Planned Commercial Development at 7495 W. 29th Avenue for the following reason(s) " ATTACHMENTS: 1. Council Bill 03-2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 03-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE DESIGNATING A STRUCTURE LOCATED ON THE PROPERTY AT 7495 W. 29th AVENUE AS AN HISTORICAL LANDMARK WHEREAS, an application for the historic designation of a structure located on the property located at 7495 W. 29th Avenue in the City was submitted by the owner of the property; and WHEREAS, the. application for historic designation was referred to the Wheat Ridge Historical Society for review and recommendation; and WHEREAS, the Wheat Ridge Historical Society reviewed the application at a public hearing held on February 12, 2008, and at the conclusion of such public hearing unanimously recommended approval of the application for historic designation; and WHEREAS, the City provided proper notice of a public hearing to consider the application for historic designation; and WHEREAS, the property owner did not file a written objection to the application; and WHEREAS, City Council held a public hearing on the application for historic designation on March 24, 2008, and based on the evidence and testimony received during such public hearing, upon its conclusion determined that: 1. The family originally living on the property was prominent in metropolitan Denver history. 2. The Wheat Ridge Historical Society Board of Directors has recommended approval of the designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Desianation. The structure located on the property at 7495 W. 29th Avenue is hereby designated an historic landmark in the City pursuant to Wheat Ridge Code of Laws, Section 26-906. ATTACHMENT 1 Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on reading by a vote of to , this .2008. second and final day of SIGNED by the Mayor on this 2008. day of Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 2 .."'. ~ r City of ?WlieatRt..-dge ITEM NO: 4-. REQUEST FOR CITY COUNCIL ACTION ~~ t,~,--~~.s I III WI I: ,III .......d..' '-.' '&~ & ". "'~.""'.''':'.'''1 ~- ~'.'" ....y" <~: t~ m ....0 I ...) .;;.. ,) h~~.--c"~';'___ ~>" ..,'.:...., '.~-= ,:"'~,:':)!j:;~:,)O -".,.-" . COUNCIL MEETING DATE: February 25, 2008 TITLE: COUNCIL BILL 05-2008 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS [8J ORDINANCES FOR 1 ST READING (02/25/2008) o ORDINANCES FOR 2ND READING (03/24/2008) Quasi-judicial: 0 YES ~~ p. J / I irector of Communitffbevelop ent ~ NO city~r-6 EXECUTIVE SUMMARY The purpose of this ordinance is to encourage prompt code enforcement compliance. Currently the Police Department Community Service officers (CSOs) use the administrative hearing process established in Section 2 of the Code to achieve code enforcement compliance. The Community Development Department code enforcement division makes less use of the administrative hearing process. The administrative hearing process has been an effective tool to achieve prompt compliance. Both the CSOs and the Community Development Department property inspector wish to continue and expand upon the use of that arlmini.trative hearing tool. To that end, staff is proposing this ordinance, which will expand the list of Chapter references that can be enforced through the administrative hearing process. All of these chapter references are sections of the code that either the property inspector or CSOs enforce. COMMISSIONIBOARD RECOMMENDATION N/A STATEMENT OF THE ISSUES N/A ALTERNATIVES CONSIDERED Staff considered a more comprehensive code amendment that would have specifically codified which sections of the Code are enforced by the Police Department Community Services Team versus the Community Development Department. It was decided that it more appropriate for those roles and responsibilities to be agreed upon and assigned administratively. FINANCIAL IMPACT No additional staff or other resources are being requested to implement this expanded use of the administrative hearing process. Staff believes this is the most resource effective means of achieving compliance with these code enforcement activities, which is a priority of City Council. However, it is also worth noting that processing these cases through the administrative hearing process does have resource impacts on the courts (scheduling hearing, administrative costs, etc.) and the Finance Division (tracking fmes, payments, property tax liens). RECOMMENDED MOTION "I move to approve Council Bill 05-2008, An Ordinance Amending the Wheat Ridge Code of Laws to Expand the Use of the Administrative Enforcement Procedures and to Authorize Certain City Employees to Enforce the Same, on first reading, order it published, public hearing for Monday, March 24,2008 at 7:00 p.m. in City Council Chambers and that it take effect 15 days after final publication. " Or, "I move to table indefinitely Council Bill 05-2008, An Ordinance Amending the Wheat Ridge Code of Laws to Expand the Use of the Administrative Enforcement Procedures and to Authorize Certain City Employees to Enforce the Same for the following reason(s) " ATTACHMENTS 1. Council Bill No. 05-2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 05-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO EXPAND USE OF THE ADMINISTRATIVE ENFORCEMENT PROCEDURES AND TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ENFORCE THE SAME WHEREAS, the City of Wheat Ridge (the "City"), acting through its City Council (the "Council"), has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, the general power of the City to amend its Code of Laws (the "Code") from time to time; and WHEREAS, the Council has previously adopted regulations which reference the position of "Community Service Officer" or "CSO officer"; and WHEREAS, the Council has determined that the term "Code Officer" more accurately describes City's employees charged with enforcing certain provisions of the Code; and WHEREAS, the Council has determined that authorizing the City's Code Officers to use the administrative enforcement procedures in Article V of Chapter 2 of the Code is in the best interest of the City; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. All references in Chapters 13, 15 and 17 of the Code to "Community Service Officer" or "CSO Officer" are hereby amended to read "Code Officer." Section 2. Code Section 2-80 is amended to read as follows: 2-80. Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative penalties that may be imposed for violation of the following portions of this Code: Chapter 5, Buildings and Building Regulations; CHAPTER 9, HEALTH; Chapter 13, Motor Vehicles and Traffic; Chapter 15, Nuisances; ARTICLE X OF CHAPTER 16, CONCERNING MASSAGE PARLORS, BUT NOT TO INCLUDE THE BALANCE OF CHAPTER 16, MISCELLANEOUS OFFENSES; CHAPTER 21, STREETS AND SIDEWALKS; CHAPTER 22 TAXATION; Chapter 26, Zoning; ATTACHMENT 1 Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of January, 2008, 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 , 2008, 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 ,2008. SIGNED by the Mayor on this day of ,2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: .....l.A<f ".~ City of . ?Wheat~e ITEM NO: ,t:;1 REQUEST FOR CITY COUNCIL ACTION ~~.~ ~ , COUNCIL MEETING DATE: February 25, 2008 TITLE: COUNCIL BILL 06-2008 - AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS ~ ORDINANCES FOR 1ST READING (Date: 02/25/2008) o ORDINANCES FOR 2ND READING (Date: 03/24/2008) ~llasi-Jlldicial: DYes ~No 7~~J city~4 Director ofPllblic Works EXECUTIVE SUMMARY The recently completed floodplain stlldies of Clear Creek and Lena Glllch have been accepted by the Urban Drainage and Flood Control District. It is appropriate that the City COllllcil accept the stlldies and incorporate them into the Floodplain Control Section of the City Code. COMMISSIONIBOARD RECOMMENDATION N/A STATEMENT OF THE ISSUES The Urban Drainage and Flood Control District, in cooperation with Jefferson COlmty, the City and COllllty of Denver, the City of Golden, the City of Arvada and the City of Wheat Ridge, has completed a study of the Clear Creek floodplain. The new study identifies the current floodplain limits and supersedes the 1979 flood study currently being utilized. The Urban Drainage and Flood Control District and the City have completed a new floodplain study of Lena Gulch within the City. The new report identifies the current floodplain limits and supersedes the 1975 flood study currently being utilized. Adoption of the new floodplain reports will allow the City to administer activities within the correct floodplain boundaries. ALTERNATIVES CONSIDERED None FINANCIAL IMPACT There is no financial impact to the City Budget. RECOMMENDED MOTION "I move to approve Council Bill 06-2008, An Ordinance Amending Section 26-803 of the Wheat Ridge Code of Laws Pertaining to Floodplain Control on first reading, order it published, public hearing set for Monday, March 24,2008 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefmetely Council Bill 06-2008, An Ordinance amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to floodplain control, for the following reason(s) " Prepared by: Tim Paranto, Director of Public Works Attachments: 1. Council Bill 06-2008 Council Bill 06-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 26-803 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FLOODPLAIN CONTROL WHEREAS, the City of Wheat Ridge has previously adopted Article VIII of Chapter 26 of the Code of Laws pertaining to floodplain control; WHEREAS, amendment of the description of the Flood Regulatory District is needed to reflect current information; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Subsection G of Section 26-803 of the Wheat Ridge Code of Laws is amended to read as follows: G. Official maps and engineering reports. The location and boundaries of the Flood Regulatory District shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado", dated June 17,2003, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this Article. The location and boundaries of the Floodway and Flood Storage Districts shall be as shown in the following engineering reports and accompanying maps: 1. Flood Insurance Rate Map (FIRM) panels dated June 17, 2003 for portions of the City of Wheat Ridge. 2. Clear Creek: Flood Hazard Area Delineation of Clear Creek by Icon Engineering For the Urban Drainage and Flood Control District, April, 2007. 3, Lena Gulch: Flood Hazard Area Delineation Lena Gulch (Lower) by George K Cotton Consulting for the Urban Drainage and Flood Control District, October, 2007. The flood insurance rate map and the above-mentioned engineering reports constitute the current flood insurance study for the City of Wheat Ridge and are hereby adopted by the above reference and declared to be part of these regulations. The flood insurance rate map and the above- mentioned engineering reports, which constitute the flood insurance study 1 ATTACHMENT 1 are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, Section 2. Safetv Clause. The City of Wheat Ridge hereby fmds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. Ifany clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Sunersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after fmal publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of . 2008, 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 ,2008, 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 fmal reading by a vote of to . this day of , 2008. SIGNED by the Mayor on this day of .2008. JERRY DITULLIO, MAYOR ATTEST: Michael Snow, City Clerk 2 1 ST publication: 2nd publication: Wheat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 3 ~\.'. ~ r City of ?WheatRt..-dge ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION ~.\I/I <,.....# 'iOoi"'. ., ,~......- , q. ; ........ ..~l....:._._~..-._..... r\ ~ ) ~ 0' I~ ~/. COUNCIL MEETING DATE: February 25, 2008 TITLE: COUNCIL BILL 04-2008 - AN ORDINANCE FOR A CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN AT 7495 W. 29TH AVENUE (CASE NO. WZ-08-01/PHARO FOR M & E FINANCIAL - WADSWORTH EXCHANGE) D PUBLIC HEARING D BIDS/MOTlONS D RESOLUTIONS IZI ORDINANCES FOR 1 ST READING (Feb. 25, 2008) o ORDINANCES FOR 2ND READING (March 24, 2008) Quasi-judicial: Jl_ J~6r, Director of cdmm . YES D NO (j..y G:)....:>~ City Mana~ ~ EXECUTIVE SUMMARY The applicant requests approval of a change of zoning conditions on property zoned Planned Commercial Development pursuant to Case No. WZ-05-IO and for an amended Outline Development Plan (ODP). The subject property is located at 7495 W. 29th Avenue. The applicant is requesting that certain conditions of approval of the zone change on the property be eliminated allowing for removal of the structure on the southwest comer. A change of conditions for a specific zoning approval requires a zone change process. The amended Outline Development Plan would also allow for construction of a restaurant on the north side of the property. The applicant has chosen to follow the new Outline Development Plan procedure of providing more graphic and written information up front, allowing the Final Development Plan (FDP) to be approved administratively. This case was reviewed by Planning Commission at a public hearing held on February 7,2008. The Planning Commission gave conditional approval. This City Council action is related to Goal 2 of the Strategic Plan of planning for growth and opportunities. It is also related to the Neighborhood Revitalization Strategy of promoting development of the Wadsworth corridor by providing destination retail businesses, an expanded tax base and increased property values. The applicant requests approval of a change of zoning conditions on property zoned Planned Commercial Development pursuant to Case No. WZ-05-IO and for an amended Outline Development Plan (ODP). The subject property is located at 7495 W. 29th Avenue. COMMISSIONIBOARD RECOMMENDATION This case was reviewed by Planning Commission at a public hearing held on February 7, 2008. A recommendation of Approval was given for the following reasons: 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ-05-1O. 2. Retention of the existing structures on the property has proved to be prohibitory to development ofthe rest of the property. 3. No changes are proposed to the uses and development standards approved pursuant to Case No. WZ-05-IO. 4. The criteria used to evaluate a change in zoning conditions support the request. 5. The proposed site design and architectural elevations are consistent with the Commercial/Industrial Design Standards in the Architectural and site Design Manual. 6. With modifications recommended by Staff, all requirements of an Outline Development Plan have been met which will allow administrative approval ofFDPs for the property. With the following conditions incorporated into the plan set prior to City Council public hearing: 1. For consistency with the intent and requirement of the expedited OPDIFDP process, the site plan (sheet 2) be expanded to illustrate existing adjacent development conditions. 2. On Sheet 2, modify the 29th Avenue access to align with the centerline of the city hall access. 3. A left hand turn lane be provided along the W. 29th Avenue frontage. The required right- of-way dedication will be assessed at the time ofFDP and plat. 4. The architectural elevations and isometric perspectives be Incorporated into the plan set and all sheets be renumbered accordingly. 5. The proposed materials and colors be added to the architectural elevations. 6. The existing restrictive covenant be modified to insure that the old house will be retained for five years. STATEMENT OF THE ISSUES When Case No. WZ-05-1O was approved, certain conditions were incorporated into the zoning action and accompanying ODP to address concerns of the neighborhood and the Wheat Ridge Historical Society regarding the retention of many of the site features on the property. The conditions included retention of the former Olinger residence, relocation/reconstruction of the pergola, requirement for other structures built on the property to emulate the design of the residence, requirement for a tree assessment prior to tree maintenance being performed and elimination of certain uses deemed incompatible with the adjacent residential neighborhood. The property owner is requesting the condition regarding retention of the house be eliminated. The amended ODP document includes approval of a 6300 s.f. restaurant pad on the north end of the property and other conceptual commercial buildings on the balance ofthe site. The Wheat Ridge Historical Society has filed a landmark designation application for the house on the property. The outcome of the historic landmark designation will have an impact on the zoning case. If the landmark designation is approved by City Council, the change of zoning conditions and accompanying ODP document cannot be approved. If City Council declines to approve the historic designation, the change of zoning conditions and ODP document can be approved as proposed by the applicant. ALTERNATIVESCON~DERED 1. Approve the change of zoning conditions and amended ODP. 2. Do not approve the change of zoning conditions and amended ODP. FINANCIAL IMPACT A one time review fee was collected for the processing of this application. Additional review fees will be required for the processing of the fmal development plan and plat and building permit. Sales tax revenues will be generated ifthe property is developed for retail/restaurant uses. Use tax will also be collected on any building materials. RECOMMENDED MOTION "I move to approve Council Bill 04-2008, Case No. WZ-08-0I, A Request for Approval of a Change of Zoning Conditions on Property Zoned Planned Commercial Development and for Approval of an Amended Outline Development Plan for Property Located at 7495 W. 29th Avenue, on first reading, order it published, public hearing set for Monday, March 24, 2008 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill 04-2008, Case No. WZ-08-0I, A Request for Approval of a Change of Zoning Conditions on Property Zoned Planned Commercial Development and for Approval of an Amended Outline Development Plan for Property Located at 7495 W. 29th Avenue for the following reason(s) " ATTACHMENTS: 1. Council Bill No. 04-2008 Council Bill No. 04-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 7495 W. 29TH AVENUE (CASE NO. WZ-08-01/WADSWORTH EXCHANGE). WHEREAS, an application (the "Application") has been made by Michael G. Pharo Associates for M & E Financial, LLC, approval of change of zoning conditions on property zoned Planned Commercial Development, initially approved pursuant to Case No. WZ-05-10 and for aPtproval of an amended Outline Development Plan for property located at 7495 W. 29 h Avenue (the "Property"); and WHEREAS, Application was reviewed by the Planning Commission on February 7, 2008; and WHEREAS, all notice and posting requirements have been met; and WHEREAS, the Council has conducted a public hearing on the Application; and WHEREAS, a restrictive covenant applicable to the Property was recorded in the records of the Jefferson County Clerk & Recorder on June 15, 2006 at Reception No. 2006072811 (the "Restrictive Covenant"); and WHEREAS, the Restrictive Covenant limits certain aspects of the use of the Property, including the preservation of the exterior features of an existing structure (the "Structure") on the Property; and WHEREAS, the Restrictive Covenant provides that it is for the express benefit of and may be enforced by the City of Wheat Ridge; and WHEREAS, the Restrictive Covenant does not create or name any other beneficiaries of the same; and WHEREAS, as the sole beneficiary of the Restrictive Covenant, the City has the right to elect to waive its right to enforce the same and to consent to its rescission; and WHEREAS, the Council finds that the Restrictive Covenant is no longer necessary or appropriate and should be rescinded; and ATTACHMENT 1 WHEREAS, the Council finds that the Application should be approved and this Ordinance adopted for the reasons set forth in the staff report and as supported by testimony at the public hearing. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Michael G. Pharo Associates for M & E Financial, LLC, approval of change of zoning conditions on property zoned Planned Commercial Development approved pursuant to Case No. WZ-05-10 and for aPRroval of an amended Outline Development Plan for property located at 7495 W. 29 h Avenue and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a change of zoning conditions and an amended Outline Development Plan are approved for the following described land: A TRACT OF LAND LOCATED IN THE SE ONE-QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, BEING THE WEST ONE-HALF OF LOT 3, BLOCK 1, BARTH'S SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION; THENCE S02038'05"E, 661.25 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WADSWORTH BOULEVARD, WHICH IS THE TRUE POINT OF BEGINNING; THENCE SOoo02'03"E ALONG SAID RIGHT-OF-WAY LINE 635.80 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE S89052'13"E, 315.06 FET; THENCE NOooOO'33"E, 635.39 FEET; THENCE N89047'46'W, 315.54 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 200,401 SQUARE FEET OR 4.601 ACRES MORE OR LESS. Section 2. Restrictive Covenant Rescinded. The City Council, acting by and on behalf of the City of Wheat Ridge, Colorado, pursuant to Section 4.7 of the Home Rule Charter, hereby consents to the rescission of the Restrictive Covenant, and authorizes and directs the Mayor and City Clerk to execute such instruments necessary and appropriate to accomplish the same. Section 3. Vested ProDem~ Riahts. Approval of this change of zoning conditions and amended Outline Oevelopment Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. -2- Section 4. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Suoersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of ttie date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 7. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of , 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29'" Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2008. SIGNED by the Mayor on this day of ,2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk -3- APPROVED AS TO FORM BY CITY ATTORNEY Gerald E. Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript Effective Date: -4- ~\.l. ~ r City of ,WheatRt..-dge ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION ~$~ !i::~:. ,~~:':C 'I~ WI ~~. ...... .;.::,. ~<O~ "..~~ ~.~.:.Y0."'~.'~1 ,.", >- ' ~,....~ ~ ~ ' ~-- - - --=--""', COUNCIL MEETING DATE: February 25, 2008 TITLE: RATIFICATION OF MAYOR DITULLIO'S WHEAT RIDGE HOUSING AUTHORITY APPOINTMENT. D PUBLIC HEARING IS] BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING Quasi-judicial: D YES IZI NO ~ City Clerk-- city~~1 EXECUTIVE SUMMARY: The Wheat Ridge Housing Authority's members are appointed by the Mayor and ratified by City Council. Mayor DiTullio has asked that Cheryl Brungardt be appointed to the Wheat Ridge Housing Authority, term to expire March, 2013. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: There will be a vacancy if the appointment to the Wheat Ridge Housing Authority is not approved. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to ratify the Mayoral appointment of Cheryl Brungardt to the Wheat Ridge Housing Authority, term to expire March, 2013. ! Or "I do not move to ratify the Mayoral appointment of Cheryl Brungardt to the Wheat Ridge Housing Authority, term to expire March, 2013" for the following reason(s) " Prepared by: Janice Smothers, Assistant Reviewed by: Michael Snow, City Clerk ATTACHMENTS: 1. Detailed appointments by position and District IOpenings exist on the following boards and commissions by District: _....".i 's"I"'I~"~~iilljll~~I~i:i~'~ .... Fl!!!r~~., ",il~"'~~'^!il,ij\*fu~~l~rn",., ,''',- Animal Welfare(2) Board of Adjustment IBoard of Adjustment IBullding Code Advisory IParl>s & Recreation IParl>s & Recreation (2) ICultural Commission IPlanning Commission IWheat Ridge Foundation jCulturai Commission (2) I lWheat Ridge Foundation Cultural Commission/At Large Mayor Appointments/ Council Ratifications Housing Authority Housing Authority WR Foundation IWR Foundation IWR Foundation Cheryl Brungardt Greg Roers Dewey Bridge Patricia Dwyer Lorraine WriQht I II yes I II IYes I AIL yes I AIL yes I AIL Iyes I ATTACHMENT 1 ~\.4. ~ r City of J?"Wlieat Rt..-dge ITEM NO: ~, REQUEST FOR CITY COUNCIL ACTION 1l$~ ~"\ 'II I ~,;,,' ~1',.'IHuIGI' f'." y' ~~ tJ,,~, '.'~,~,;".,~~ ~~i~'~ "" ~ ..-d~0 .~.' COUNCIL MEETING DATE: February 25, 2008 TITLE: BOARD AND COMMISSION APPOINTMENTS o PUBLIC HEARING IZI BIDS/MOTIONS D RESOLUTIONS o ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING Quasi-judicial: DYES [8J NO ~ City Clerk'" city~a.r1 EXECUTIVE SUMMARY: The Board and Commission vacancies were advertised in the Wheat Ridge Transcript and the City's Website. Current members were contacted by mail and asked if they wanted to serve another term. Applications were received and compiled by the Clerk's Office and City Council held a reception for the applicants on February 11,2008. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If appointments are not made, the vacancies will remain. This could impact the ability of a board or C(\l1'1l1'1;<~ion to conduct business if a quorum is unable to be held. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to appoint to expire March 2, to the (see attachment 1)" Board/Commission: term Prepared by: Janice Smothers, Assistant Reviewed by: Michael Snow, City Clerk ATTACHMENTS: 1. Detailed appointments by position and District 2. Applicant List 2008 BOARD AND COMMISSION APPOINTMENT BY DISTRICT DISTRICT' I move to appoint: to the Cultural Commission, term ending 3/2/11. DISTRICT II I move to appoint: to the Board of Adjustment, term ending 3/2/11. to the Building Code Advisory Board, Term ending 3/2/11. to the Parks & Recreation Commission, term ending 3/2/11. to the Planning Commission, term ending 3/2/11. to the Cultural Commission, term ending 3/2/11. to the Cultural Commission, term ending 3/2/09. DISTRICT II' I move to appoint: to the Animal Control Commission, term ending 3/2/11. to the Animal Control Commission, term ending 3/2/11. to the Board of Adjustment, term ending 3/2/11. to the Parks & Recreation Commission, term ending 3/2/11. to the Cultural Commission, term ending 3/2/11. ATTACHMENT 1 DISTRICT IV I move to appoint: AT LARGE I move to appoint: to the Board of Adjustment, term ending 3/2/11. to the Building Code Advisory Board, term ending 3/2/11. to the Cultural Commission, term ending 3/2/11. to the Cultural Commission, term ending 3/2/09. to the Parks & Recreation Commission, term ending 3/2/11. To the Parks & Recreation Commission, term ending 3/2/11. To the Planning Commission, term ending 3/2/11. to the Cultural Commission, term ending 3/2/09. I I I Openings exist on the following boards and commissions by District: Housing Authority Wheat Ridge Foundation Building Code Advisory Parm & Recreation Planning Commission Cultural Commission(2) Wheat Ridge Foundation Board of Adjustment Parm & Recreation Cultural Commission Wheat Ridge Foundation Cultural c. ".... .:,':on/At Large I Wheat Ridge Foundation Applications Received: Board Name District Renew termlves Cultural Commission Cultural Commission Sylvia Angell Diane Robb Board of Adjustment Robert Blair II yes Building Code Advisory Bo: rd II Cultural Commission Joyce Jay II yes Parks & Recreation Patricia Ennis II yes Planning Commission Steve Timms II Animal Welfare & Control Virginia Petty III yes Animal Welfare & Control Louise Turner III yes Animal Welfare & Control Vanida West III Board of Adjustment Thomas Abbott III yes Parks & Recreation Helen Huitt III yes Board of Adjustment Paul Hovland IV yes Building Code Advisory Bm James Molnar IV yes Building Code Advisory Bm Larry Brewer IV Cultural Commission Scott Anderson IV yes Parks & Recreation Patricia Dwyer IV Parks & Recreation Liz George IV yes Planning Commission John McMillin IV yes A I I ACHMENT 2 no new applicant yes Yes yes ves yes yes ..\.'. ~ r City of ?WlieatRl.-dge ITEM NO: q, REQUEST FOR CITY COUNCIL ACTION . . . . . . - 1 - ~~~" ',I~I"n'$~~I'..'I' k i'. ~~ '~j .~ .a bl. ~ /.)- ~.., COUNCIL MEETING DATE: February 25, 2008 TITLE: RAUJ<lCATION OF MAYOR DITULLIO'S WHEAT RIDGE FOUNDATION APPOINTMENTS. D PUBLIC HEARING !:8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING Quasi-judicial: o YES IZI NO ~ City Clerk city~~1 EXECUTIVE SUMMARY: The Wheat Ridge Foundation's members are appointed by the Mayor and ratified by City Council. There are 3 positions with terms expiring 3/2/08. Mayor DiTullio has asked that Dewey Bridge, Patricia Dwyer and Lorraine Wright be appointed to the Wheat Ridge Foundation, with terms expiring March of 20 11. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: There will be vacancies if the appointments to the Wheat Ridge Foundation are not approved.. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to ratify the mayoral appointment of Dewey Bridge to the Wheat Ridge Foundation, term to expire March, 2011." . and: "I move to ratify the mayoral appointment of Patricia Dwyer to the Wheat Ridge Foundation, term to expire March, 2011." and: "I move to ratify the mayoral appointment of Lorraine Wright to the Wheat Ridge Foundation, term to expire March, 2011." Prepared by: Janice Smothers, Assistant Reviewed by: Michael Snow, City Clerk ATTACHMENTS: 1. Detailed appointments by position and District IOpenings exist on the following boards and commissions by District: Cultural Commission IBoard of Adjustment IAnimaIWelfare(2) IBoard of Adjustment Housing Authority IBuilding Code Advisol'\l IBoard of Adjustment IBuilding Code Advisol'\l Wheat Ridge Foundation IPar\:ls & Recreation IParm & Recreation IPar\:ls & Recreation (2) IPlanning Commission ICultural Commission ,Planning Commission 'Cultural Commlsslon(2) ,Wheat Ridge Foundation ,Cultural Commission (2) Cultural Commission/At IWheat Ridge Foundation I lWheat Ridge Foundation Large I I Mayar Appaintmentsl I Cauncil Ratifications I I Housing Authority I Cheryl Brungardt I yes Housing Authority IGreg Roers I Yes WR Foundation Dewey Bridge AIL yes WR Foundation Patricia Dwyer I AIL I yes WR Foundation I Lorraine WriQht JAIL Ives ATTACHMENT 1