HomeMy WebLinkAbout06/23/2008
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
June 23. 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 June 9. 2008
PROCLAMATIONS AND CEREMONIES
Recognition- Senior Circulator Bus Pilot Program
WR2020 Planning Academy Graduation and Reception
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
CITY COUNCIL AGENDA: June 23, 2008
Page -2-
Item 1.
CONSENT AGENDA
A. Resolution 31-2008 - amending the 2008 budget to reflect the approval of a
supplemental budget appropriation in the amount of $262,347 for market
adjustments to employee compensation plans.
B. Resolution 32-2008 - concerning the transfer of city employee retirement
accounts from the CCOERA plan to the ICMA-RC plan and the approval of a
supplemental budget appropriation in the amount of $9,999 for the costs
associated with implementation of the ICMA-RC plan.
C. Resolution 33-2008 - authorizing submittal of the application for a 2008 Grant to
the Great Outdoors Colorado for the construction of the watchable wildlife
boardwalk at Bass Lake.
D. Acceptance of the right-of-way on West 38th Avenue at relocated Lutheran
Parkway.
ORDINANCES ON FIRST READING
Item 2.
Council Bill 1 0-2008 - An Ordinance authorizing the approval of a change
of zoning conditions on property zoned planned commercial development
and for approval of an amended outline development plan at 6340 W. 38th
Avenue (Case No. WZ-08-02/Shaw Sign for Highland South and West)
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
June 9. 2008
Mayor DiTullio called the Regular City Council Meeting to order at 7:04p.m.
Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Tracy Langworthy,
Lena Rotola, Wanda Sang, Mike Stites, and Terry Womble. Also present: City Clerk,
Michael Snow; City Treasurer, Larry Schulz; City Manager, Randy Young; Deputy City
Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of Community Development,
Kenneth Johnstone; Assistant to the City Manager, Heather Geyer; Senior Planner,
Sally Payne; staff; and interested citizens.
APPROVAL OF MINUTES OF Mav 12.2008
Motion by Mr. Gokey for approval of the Minutes of May 12, 2008; seconded by Mrs.
Sang; carried 8-0.
CITIZENS' RIGHT TO SPEAK
Karen Thaler informed Council she did not win the Mrs. Colorado pageant this year.
However, from among 5,600 competitors she did win two distinct awards, one for
Crowning Achievement, and another for Title Holder of the Year for her many
community efforts in Wheat Ridge.
Jeff Worthington related to Council that through his research, he has found that Wheat
Ridge ranks higher than the national average on violent crimes, while the City ranks
highest per capita in traffic stops.
John McMillin spoke of the good news that Amici's Restaurant will be opening in the
former Gemini Restaurant site at 41st & Wadsworth. Further, Mr. McMillin asserted that
the former Olinger mansion site is not a good location for retail or restaurant
development, that it is disconnected from other sites and surrounded only by City
offices, a cemetery and residential homes. Mr. McMillin warned the Council that the
disruption of the Referendum petition drive will be remembered at election time and that
had they had the foresight to let 3 Sons Restaurant move into the Gemini site, they
could have spared citizens a lot of grief and disappointment and the loss of a City
landmark.
CITY COUNCIL MINUTES: June 9, 2008
2
Claudia Worth stated that it was unfortunate that no one from the Transcript was at the
Petition Protest hearings. She further pointed out that the discrepancy in the Charter
that petition signatures can be submitted 45 days after a Council decision while
Ordinances go into affect in 15 days, left citizens without enough time to collect
signatures. Then signatures were thrown out for reasons not related, petitioners were
never allowed the same leniency as the protesters and never given a chance to speak
at their own Protest Hearing. The City could have saved a lot of money if the City Clerk
were only allowed to hear the protests as required in the Charter and that the blame is
to be placed on the Mayor and Council and Administration for their efforts to block the
petition.
Dorothy Archer voiced concern about building code demands on new businesses,
particularly on 38th Avenue; that these demands have caused some companies to go
out of business and stopped some from opening in the City. Mrs. Archer asked Council
and the Administration whether our code requirements are too steep, and asked Council
and adrninistration to be more accommodating and encouraging to businesses in WR.
Randy Massey, from L&H Autobody, announced that the company is celebrating their
60th year in Wheat Ridge and thanked the City of Wheat Ridge for the help and support
they've given his business over the years. Mr. Massey contends that they could not
have stayed in business as long as they have had they not been given the support they
received from the City.
Louise Turner stated that she and other citizens are ready for more accuracy in City
communications and are tired of being berated by the Mayor for exercising their petition
rights. Mrs. Turner reported that no facts are ever presented in these articles, there's
never a mention of the rezoning two years ago when the Olinger developer was given
rights to develop retail sites on the property as long as he would protect one historic
house on the property. This is a betrayal of the citizens of Wheat Ridge. Also, the
City's recent survey is very misleading and she cited when the City Manager said in a
Study Session that staff needed time to "craft" the language to persuade readers. Mrs.
Turner also pointed out that the language in the survey speaking of the removal of the
height & density restrictions in the Charter but not in the Zoning Code is intentionally
misleading given that Council and the Administration have already discussed
Ordinances to do just that. She believes that a survey should ask what someone thinks,
and not tell them what to think.
Linda Olson and Mild Bill spoke of the importance in supporting and honoring our
Western Heritage and invited Council and ail citizens to the Front Range Rendezvous
which takes place in Wheat Ridge at Fruitdale Community Park on June 21st & 22nd
from 10am to 6pm. Entrance to the event is free and proceeds will support the South
Platte River Society. More information can be found on their website at
www.hohcolorado.net.
CITY COUNCIL MINUTES: June 9, 2008
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Terrell Williams, Chairman of the Wheat Ridge Urban Renewal Authority and Member
of the Wheat Ridge 2020 Board of Directors, spoke of the release of a Request for
Proposal (RFP) for designs and proposals of a mixed-use development concept for the
site at 44t11 & Wadsworth. Mr. Williams informed Council that over 100 organizations
have already expressed some level of interest in this development. There will be
briefings for interested developers during the weeks of June 16th and June 23rd. RFP's
are due August 8, 2008 at noon. Those will be reviewed and evaluated by the week of
September 12th, finalist will be interviewed by the week of September 29th, then a final
set of selected developers will be presented to the Urban Renewal Authority in the latter
part of October.
Gretchen Cerveny thanked Council for their support of the Wheat Ridge Senior
Resource Center in providing transportation funding to seniors and also thanked them
for all their efforts in revitalizing Wheat Ridge. Mrs. Cerveny also commented that the
Council did very well with respect to the Olinger property and that the Mayor did what he
should have done - supported private property rights.
Item 1.
CONSENT AGENDA
A. Approval of the 2008 Microsoft Enterprise Agreement Renewal in the Amount
Of $62,887.48 to Insight, Inc.
B. Approval of the Logistic Systems' Case Management Enhancements in the
amount of $26,462.00.
C. Approval of Award RFP-08-10 Web Site Redevelopment to Icon Enterprises,
Inc. dba Civicplus, Manhattan, KS, in the Not to Exceed Amount of $55,000.
D. Resolution 28-2008 and 29-2008 - Resolutions Amending the City Council's
Motion Concerning Expenditure of the City's 2007 and 2008 Jurisdictional
Federal Community Development Block Grant Fund Allocation and Amending
the 2008 Fiscal Year Capital Investment Program Budget to Reflect the
Approval of a Supplemental Budget Appropriation in the Amount of $50,000
for the Purposes of Contributing to the Senior Resource Center Facility
Construction Fund.
E. Resolution 30-2008 - A Resolution Amending the Fiscal Year 2008 General
Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation
in the Amount of $4,000 for the Purposes of Assisting the Seniors' Resource
Center.
Consent Agenda was introduced and read by Mr. Stites.
Mrs. Rotola asked to pullltem1 E from the Consent Agenda for separate consideration.
Mr. Wornble asked to pull Item 1 C from the Consent Agenda for separate consideration.
CITY COUNCIL MINUTES: June 9, 2008
4
Motion by Mr. Stites for approval of Consent Agenda Items A, B & D; seconded by Mrs.
Sang; carried 8-0.
Motion by Mr. Womble to deny Consent Agenda Item 1.C. because Staff was asked to
prepare a detailed review of this proposal for Council at a Study Session, but never did
so; seconded by Mr. Gokey.
Ms. Geyer presented the staff report and highlighted the features proposed for the new
City website design in a PowerPoint presentation (attached to this packet).
Substitute Motion by Mr. Gokey to approve Consent Agenda Item 1.C.; seconded by Mr.
Womble; carried 8-0.
Motion by Mrs. Rotola to deny Item 1.E.; seconded by Ms. Berry.
Hank Braaksma from the Senior Resource Center spoke in favor of the additional
appropriation, citing that these funds would help to off-set increasing fuel costs and to
obtain additional federal grant monies.
Motion failed 5-3 with Council Members Womble, Berry and Rotola voting Yes.
Motion by Mr. Stites to approve Consent Agenda Item 1.E.; seconded by Mrs. Sang;
carried 8-0.
Mayor DiTullio called for a break at 8:20pm; resuming at 8:29pm.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
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 (Public hearing continued from 2/25/2008 with new
public notice published for the continuation of the public hearing on
4/14/2008. Public hearing continued on 4/14/2008 until 6/9/2008.)
Council Bill 02-2008 was introduced on second reading by Ms. Berry.
City Clerk Michael Snow stated that Ordinance No. 1408 had been previously assigned
to this Council Bill.
Kenneth Johnstone presented the staff report and spoke of Staffs continued work to
develop the Billboard Impact Fee program.
Motion by Ms. Berry to continue Council Bill 02-2008 until 30 days following the
completion of the Billboard Impact Fee Study or 30 days following action by City Council
which fails to fund a Billboard Impact Fee study; seconded by Mrs. Rotola; carried 7-1
with Mr. Gokey Voting No.
CITY COUNCIL MINUTES: June 9, 2008
5
Item 3.
Council Bill 09-2008 - An Ordinance Concerning the Permitted Locations
Of Bail Bonds Bu~inesses, and In Connection Therewith, Amending
Certain Sections Of Chapter 26 Of The Code Of Laws.
Council Bill 09-2008 was introduced on second reading by Ms. Berry.
City Clerk Michael Snow assigned Ordinance No. 1413.
Mayor DiTullio opened the Public Hearing.
Mr. Johnstone presented the staff report.
Dorothy Archer spoke in favor of the additional restrictions on Bail Bonds businesses
citing the concern for the prevalence of Bail Bonds businesses and the impression they
give to visitors of the City.
Mayor DiTullio closed the Public Hearing.
Motion by Ms. Berry to approve Council Bill 09-2008 (Ordinance 1413) on second
reading and that it take effect 15 days after final publication; seconded by Mrs.
Langworthy.
Motion by Mrs. Sang to amend the motion to include an amendment to the Ordinance to
require that bail bonds businesses not be located any closer than 600 feet from the
property line of any school or Public Park, with said amendment reflected in the
published ordinance; seconded by Mr. Gokey; carried 8-0.
Original Motion by Ms. Berry carried 8-0 as amended.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 4.
Resolution 27-2008 - A Resolution Adopting the Neighborhood
Revitalization Strategy as an Amendment to the City's Comprehensive
Plan.
Resolution 27-2008 was introduced by Ms. Berry.
Mrs. Payne presented the staff report (attached to this packet).
Dorothy Archer spoke in opposition to zoning changes that could result in a much
higher density of housing in lots neighboring those long-established, low-density
properties.
Motion by Ms. Berry to approve Resolution 27-2008. I further move that the
Neighborhood Revitalization Study (NRS) supersedes the Wheat Ridge Comprehensive
Plan where they may conflict; seconded by Mrs. Rotola; carried 8-0.
CITY COUNCIL MINUTES: June 9, 2008
6
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Item 5.
Approval of a Memorandum of Understanding between the Seniors'
Resource Center, Inc. and the City of Wheat Ridge for the Purpose of
Providing Transportation Services to Qualifying Individuals from Senior
Resident Centers to Fixed Destinations.
Item 5 was introduced by Mrs. Langworthy.
Motion by Mrs. Langworthy to approve the Memorandum of Understanding; seconded
by Mr. Womble; carried 8-0.
Mr. Stites thanked Mayor DiTullio and Mrs. Langworthy for their hard work to put this
support program together for the SRC in light of the rising fuel costs.
Item 6. Motion by Mrs. Sang to ratify Mayor DiTullio's appointment of Art Bushell
to fill the vacancy on the Wheat Ridge Foundation, term to expire March 2, 2009;
seconded by Mr. Stites; carried 8-0.
ELECTED OFFICIALS' MATTERS
Mr. Snow spoke of the results of the Referendum Petition and its failure to meet
sufficiency following the results of Protests on the validity of many of the citizens'
signatures. Further, Mr. Snow apologized to the Petition proponents and all citizens
who signed the petition for mistakenly including the Telephone Number field in the
petition form and for the affect that had on the validity of the Petition.
Mrs. Rotola thanked Heather Geyer for the City website presentation. She also
reminded citizens about the first Farmer's Market taking place June 19 at 41st &
Wadsworth and the Front Range Rendezvous on June 21st & 22nd at Fruitdale Park.
Ms. Berry thanked Mr. Snow for his apology.
Mr. Stites noted that the Fire Department fund raiser for Chief Payne raised over
$37,000 and accomplished an amazing level of participation by the community.
Considering the rising fuel costs, he also encouraged citizens to "find it and buy it in
Wheat Ridge".
Mrs. Adams informed citizens of the start of the Performances in the Park at Anderson
Park, with the first performance on Wednesday, June 18th and continuing each
Wednesday evening through the summer. Also, Mrs. Adams encouraged families to
attend the new swimming pool opening on June 21St, 2008.
CITY COUNCIL MINUTES: June 9, 2008
7
Mrs. Sang seconded Mr. Stites comments and wished Chief Payne the best for a
recovery. Mrs. Sang also noted that the hearing officer in the Petition Protest hearings
found that Mr. Snow had not aCted inappropriately in matters of the petition and she
apologized to Mr. Snow if it caused any embarrassment in her filing that protest.
Mrs. Langworthy commented on how the community support for the Payne family
touched Tammy Payne.
Mr. Gokey stated that he does not believe that the owner of the Olinger property should
be required to maintain it as a historic site and supports what this Council is doing and
the decisions it has made on the Olinger property. Mr. Gokey also informed the Council
that he won't be participating during most of July and into August due to the nature of
his pending medical treatments.
Mr. Womble reminded citizens of the upcoming Wheat Ridge Carnation Festival on
August 14-16. He also thanked the 80 or so citizen attendees to his "meet the
Councilor" BBQ at his home on May 24th, 2008.
Mayor DiTullio gave his best wishes to Chief Payne and his family, as well as Dean
Gokey for his medical treatments coming up. He also thanked Council for their support
of the Senior Resource Center (SRC) programs. The SRC is planning for a $8.7m
expansion in Wheat Ridge on Chase Street north of 32nd Avenue. Mr. DiTullio also
encouraged citizens to attend the Front Range Rendezvous on June 21st & 22nd, and
congratulated L&H Autobody for their many years of success in the City of Wheat
Ridge.
Meeting adjourned at 9:20pm.
~
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON JUNE 23, 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, Le.
they contain a record of what was done at the meeting, not what was said by the
rnembers. 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.
..............~...........~
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W_leat Riege 2020
P~anning Academy
Graduates
Mayor DiTullio Cordially Invites you to the:
June -23rd, 2008 City Council Meeting at 7:00 p.m.
City Council Chambers, 7500 W. 29th Ave.
in recognition of your Wheat Ridge 2020 Planning
Academy Achievement.
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IName
Abbott, Tom
Athanasopoulos, Maureen
Castle, Andrea
Cunningham, Mike
Deitsch, Kathy
DiCroce, Judy
Fisher, Jo Ann
Hernandez, Cynthia
Holcer, Charlie
Langworthy, Tracy
Matthews, Dick
Olson, Pam
Pettit, Walt
Reers, Greg
Snow, Mike
Stebritz, Mike
Vanderveen, Katie
Wooden, Genevieve
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~ < y City of
?WheatRL-dge
ITEM NO:
\ lA,
REQUEST FOR CITY COUNCIL ACTION
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I III WI
COUNCIL MEETING DATE:
June 23, 2008
TITLE: RESOLUTION 31-2008 - A RESOLUTION AMENDING THE 2008
BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $262,347 FOR
MARKET ADJUSTMENTS TO EMPLOYEE COMPENSATION
PLANS
D PUBLIC HEARING
D BIDSIMOTIONS
o RESOLUTIONS
D ORDINANCES FOR 1 ST READING (mm/dd/yyyy)
D ORDINANCES FOR 2ND READING (mm/dd/yyyy)
Quasi-judicial: DYES
jJAK~cr"l
Deputy City Manager .1
o NO (
l1-r~o1J
tkf''j City Manager (t
EXECUTIVE SUMMARY:
A market analysis of 2008 salary ranges was completed for all City positions, and, as a result, the study
indicated the compensation plans require upward adjustments in order to remain competitive and within
the percentiles the City has established for each plan. As approved by City Council, the City strives to
remain at the 70th percentile of the market for Law Enforcement (sworn) positions and 55th percentile
for all civilian positions. The overall average increase proposed for these market adjustments is
approximately 4% for civilian positions and 4.5% for law enforcement (sworn) positions. The adoption
of the proposed 2008-2009 Compensation Plans would be effective on June 28, 2008. Copies of the
proposed Compensation Plans were distributed to City Council on June 13th for review.
Approval of this resolution meets GOAL I: Creating a Sustainable City Government, Objective 4:
Productive, Highly Motivated Workforce with Competitive Compensation.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Annual compensation plans market adjustments.
ALTERNATIVES CONSIDERED:
No market adjustment for any or all of the compensation plans.
FINANCIAL IMPAC'I:
The adoption of the proposed 2008-2009 Compensation Plans with an effective date of June 28,
2008 for all positions would require an amendment to our current budget of $262,347.
RECOMMENDED MOTION:
"I move to approve Resolution 31-2008 Amending the 2008 Budget to Reflect the Approval of a
Supplemental Budget Appropriation in the amount of $262,347 for Market Adjustments to Employee
Compensation Plans."
or,
"I move to table indefinitely Resolution 31-2008 Amending the 2008 Budget to Reflect the Approval of
a Supplemental Budget A1'1'<Vl',;ation in the amount of $262,347 for Market Adjustments to Employee
Compensation Plans for the following reason(s) "
Report prepared by: Karen Croom, Human Resources Manager
Report reviewed by: Patrick Goff, Deputy City Manager
, . ,
d
;\ TT ACHMENTS:
I. June 12, 2008 Pay Plans - Market Adjustments Memorandum
2. Resolution 31-2008
",~J..4
~ _ " City of
~~Wheat&'-dge
~ADMINISTRATIVE SERVICES
Memorandum
TO:
Mayor and Council
FROM:
Karen M. Croom, HlUllan Resources Manager
THROUGH:
Patrick Goff, Deputy City Manager
DATE:
June 12, 2008
SUBJECT:
Pay Plans - Market Adjustments
As you are aware, the City conducts a market analysis on all of the City's positions each year for the
purpose of determining what wages are generally prevailing in similar cities within the Denver
metropolitan area, specifically:
Arvada Commerce City
Brighton Englewood
Broomfield Golden
Castle Rock Greenwood Village
Lafayette
Lakewood
Littleton
Louisville
Northglenn
Thornton
Westminster
(Note: Brighton was initially included as a market source however previous data has always
been unavailable.)
While conducting the comparison study this year, there were several items of interest to note:
. The City of Louisville took great strides to "catch-up" with the market trends and as a result, all
of their positions received a significant percentage increase.
. Although the impact was not significant, the data received from Brighton reinforced the layout
of our positions within each of our pay plan categories.
. The common areas the market seemed to pay considerable attention to by awarding an above
average upgrade include: Recreation field positions that include pools, operations, open space
and parks; Court Administrator; Chief Building Official; Lead Emergency Services Specialist;
the mid to upper management sworn positions in Police Departments; and positions in the
HlUllan Resources field as a whole.
. Positions that received little to no attention in the form of pay range movement include: court
support staffposition(s); occupations in the GIS field; and, manual labor-type jobs.
ATTACHMENT 1
Mayor and Council
Pay Plans - Market Adjustments
Page 2
. It appears more of our market organizations are using the same methods for position pay range
assignments and as a result, to meet our percentile goal, it was necessary to separate several
positions from their current group and reassign Pay Grades, (reflected in
"AdministrativeIManagement Support", "Executive", "Labor/Trades/Crafts", and "Professional"
categories). It is important to note that, although this practice increases the number of pay
grades/ranges, it significantly helps minimize the cost.
In summary, the market study for 2008 indicates our Compensation Plans require upward
adjustments in order to remain competitive and within the percentile the City has established which
is currently 70th percentile for Law Enforcement (sworn) positions and 55th percentile for all others.
This increase equates to an overall average of approximately 4% for civilian positions and 4.5% for
sworn positions, (this is not the percentages applied to each position). Should the Council approve
the adoption of the proposed 2008-2009 Pay Plans an amendment to our current budget would be
necessary. Essentially, with an effective date of June 28, 2008, the additional amount needed is
$262,347.
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 31-2008
TITLE:
A RESOLUTION AMENDING THE 2008 BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $262,347 FOR MARKET
ADJUSTMENTS TO EMPLOYEE PAY PLANS
WHEREAS, a market study reviewing 2008 salary ranges for all City positions
was conducted,
WHEAREAS, the market study results indicate the City Compensation Plans
require upward adjustments in order to remain competitive and within the 70th percentile
for Law Enforcement (Sworn) positions and 55th percentile for all other positions as
established by the City;
WHEREAS, the City Council will continue to maintain a mid-year effective date
for all employee compensation plans;
WHEREAS, the City Council is committed to maintaining a productive, highly
motivated workforce with competitive compensation;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge 2008 Budget be amended accordingly,
specifically transferring $262,347 from undesignated reserves to the
appropriate accounts in the various funds.
DONE AND RESOLVED THIS
day of June, 2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
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~ ~ City of
?WlieatRL..dge
ITEM NO:
l.13,
REQUEST FOR CITY COUNCIL ACTION
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mun
COUNCIL MEETING DATE: June 23, 2008
TITLE: RESOLUTION 32-2008 - A RESOLUTION CONCERNING THE
TRANSFER OF CITY EMPLOYEE RETIREMENT ACCOUNTS
FROM THE CCOERA PLAN TO THE ICMA-RC PLAN AND HiE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
IN THE AMOUNT OF $9,999 FOR HtE COSTS ASSOCIATED
WITH IMPLEMENTATION OF THE ICMA-RC PLAN
D PUBLIC HEARING
D BIDS/MOTIONS
k8J RESOLUTIONS
D ORDINANCES FOR 1 ST READING (mm/dd/yyyy)
D ORDINANCES FOR 2ND READING (mm/dd/yyyy)
Quasi-judicial: D YES
l)A~ Uh j/J (f!
Deputy City Manager l\
k8J NO
A,~~ P~J1dj
EXECUTIVE SUMMARY:
Resolution 06-2008 was approved by City Council in January 2008 which provided the authorization
to withdraw from the employees' current retirement plan, CCOERA, and begin using the services of
ICMA-RC. This resolution indicated that all CCOERA plan participants' accounts would
automatically be transferred to ICMA-RC. However, agreement was reached between the City of
Wheat Ridge and CCOERA that participants would have the choice to either leave their account
balance with CCOERA or transfer it to ICMA-RC.
Resolutiqn 32-2008 will formalize this agreement with CCOERA by adding language that gives
participants the choice to leave their current retirement balance with CCOERA or to transfer it to
their new ICMA-RC account. All future retirement allocations for all employees will be made to the
new ICMA-RC accounts.
Resolution 32-2008 will also eliminate the one year waiting period for employees to enroll into the
City's retirement plan and mandate that new employee's participation begin immediately. For 2008,
this change creates an additional cost to the city of$9,999.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Currently the CCOERA retirement plan as established for civilian employees requires a one-year
waiting period before an employee may join. All other City of Wheat Ridge retirement plans
established for the sworn and executive positions do not have waiting periods but rather mandate
immediate participation. Through Resolution 32-2008 we are requesting to eliminate the one-year
waiting period which will reduce the disparity in our benefits. As a result, all employees hired on or
after 7/12/07 will begin participating immediately upon the inception of the new ICMA-RC
retirement plan and employees hired after 7/12/08 will begin participating the first of the month
following their date of hire.
ALTERNATIVES CONSIDERED:
Leave the one year waiting period in place and continue to have the inconSistencies in the benefits
we offer to our different employee groups.
FINANCIAL IMPACT:
By eliminating the one year'waiting period, the City will incur a cost-of $9,999 ,for the remainder of
2008 for the City's',4% emplpyee retirement benefit contribution. I
RECOMMENDED MOTION:
"I move to approve Resolution 32-2008 - A Resolution Concerning the Transfer of City Employee
Retirement Accounts from the CCOERA Plan to the ICMA-RC Plan and to Approval of a
Supplemental Budget Appropriation in the amount of $9,999 for the Costs Associated with
Implementation of the ICMA-RC Plan."
or,
"I move to table indefinitely Resolution 32-2008 for the following reason(s)
"
Report prepared by: Ruth Johnson, HR Representative
Report reviewed by: Patrick Goff, Deputy City Manager
ATTACHMENTS:
1. Resolution 06-2008
2. Resolution 32-2008
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 06-2008
Series of 2008
TITLE:
A RESOLUTION APPROVING WITHDRAWAL FROM THE CITY'S
CCOERA RETIREMENT PLAN AND TRANSFERRING THOSE
FUNDS TO THE CITY'S ICMA RETIREMENT PLAN
WHEREAS, the City of Wheat Ridge, Colorado, (the "City) is an employer with
certain employees participating in an Intemal Revenue Code Section 401 (a) Plan
administered by the Colorado County Officials and Employees Retirement Association
("CCOERA Plan'); and
WHEREAS, in excess of 65% of the employees of the City who currently
participate in the CCOERA Plan have formally expressed their desire to participate in a
401 (a) qualified plan administered by another provider; and
WHEREAS, the City has established an Internal Revenue Code Section 401(a)
qualified plan with ICMA ("ICMA Plan") for those employees currently participating in the
CCOERA Plan; and
WHEREAS, the City desires to withdraw from CCOERA and the CCOERA Plan
. on the Effective Date,as defined below; and
WHEREAS, the City is covered by Resolution No.2, Series of 2004
[RESOLUTION OF THE GOVERNING BOARD OF COLORADO COUNTY OFFICIALS
AND EMPLOYEES RETIREMENT ASSOCIATION (Portability of Funds of Employees
Currently Employed by Participating Employer)]; and
WHEREAS, the City desires to and intends to formally request that CCOERA
make a transfer of all assets currently administered by CCOERA into accounts
established for eligible !lUrrent and former employees in the ICMA Plan at a time
determined by the City Manager; and
WHEREAS, the City intends to hold a vote by secret personal and absentee
ballot (the "Employee Vote") on the issue of withdrawal from the CCOERA Plan; and
WHEREAS, those employees entitled to vote shall be all of those employees
currently contributing to the CCOERA Plan ("Eligible Electors"); and
WHEREAS, in conjunction with this Resolution and the Employee Vote, each
employee will be advised that: (a) if 65% of Eligible Electors approve withdrawal from
the CCOERA Plan, then all employees with account balances in the CCOERA Plan will
have their CCOERA Plan accounts liquidated, and those accounts will be transferred to
the ICMA Plan; and (b) the state of Colorado shall not be held liable for any deficit that
occurs in any defined benefit or defined contribution plan or system of any political
ATTACHMENT 1
, ..
subdivision within the state of Colorado or any public agency u. ",..l",d by such a political
subdivision which is an employer which has terminated affiliation with the Public
Employees' Retirement Association; and
and
WHEREAS. the results of the Employee Vote shall be certified by the City Clerk;
WHEREAS, if the Employee Vote establishes that at least 65% of Eligible
Electors desire to withdraw from the CCOERA Plan, the City Manager and the Human
Resources Department shall provide appropriate notices to CCOERA to effectuate a
withdrawal from the CCOERA Plan.
NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council. that:
Section 1. The City desires to withdraw from CCOERA and the CCOERA
Plan; and
The City desires to and intends to formally request that CCOERA make a
transfer of all assets currently administered by CCOERA into accounts established for
eligible current and former employees in the ICMA Plan; and
There shall be a vote by secret personal and absentee ballot on the issue of
withdrawal from.the CCOERA Plan; and,
. "
Those employees entitled to vote shall be all of those employees currently
contributing to the CCOERA Plan; and "
Each Eligible Elector will be advised on theireiectiori ballot that: (a) if 65% of
Eligible Electors approve withdrawal from the CCOERA Plan, then all employees with
account balances in the CCOERA Plan will have their CCOERA Plan accounts
liquidated, and the assets in those accounts will be transferred to the ICMA Plan; and
(b) the state of Colorado shall not be held liable for any deficit that occurs in any defined
benefit or defined contribution plan or system of any political subdivision within the state
of Colorado or any public agency c.<.",I",J by such a political subdivision which is" an"
employer which has terminated affiliation with the Public Employees' Retirement
Association; and
The results of the Employee Vote shall be certified by the City Clerk and
communicated to the CCOERA Board of Directors on the next business day following
the Employee Vote; and
If the Employee Vote establishes that at least 65% of Eligible Electors desire to
withdraw from the CCOERA Plan, the City Manager and the Human Resources
Department shall provide appropriate notices to CCOERA to effectuate a withdrawal
from the CCOERA Plan.
2
... ~ ,"
Section 2. Effective Date. This Resolution shall be effective immediately upon
the certification by the City Clerk that at least 65% of the Eligible Electors have cast
their votes in favor of withdrawal from the CCOERA Plan (the "Effective Date") without
further action by the City Council.
DONE AND RESOLVED this /;+ir. day of fJ-rv..A.<'...... _.2008.
1f~
ATTEST:
//!.-;p ~
Michael Snow, City Clerk
3
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 32-2008
TITLE:
A RESOLUTION CONCERNING THE TRANSFER OF
CITY EMPLOYEE RETIREMENT ACCOUNTS FROM
THE CCOERA PLAN TO TtlE ICMA-RC PLAN AND
THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $9,999 FOR
ItlE COSTS ASSOCIATED \\iUtl IMPLEMENTATION
OF ItlE ICMA-RC PLAN
WHEREAS, the City of Wheat Ridge, Colorado, (the "City") is an employer with certain
employees participating in an Internal Revenue Code Section 401(a) Plan previously
administered by the Colorado County Officials and Employees Retirement Association
("CCOERA Plan"); and
WHEREAS, more than 65% of City employees who participated in the CCOERA Plan
voted to participate in a 401 (a) qualified plan administered by another provider; and
WHEREAS, the City has established an Internal Revenue Code Section 401(a) qualified
plan with ICMA-RC ("ICMA-RC Plan") in lieu of CCOERA; and
WHEREAS, one of the primary purposes of the change in participation from the
CCOERA Plan to the ICMA-RC Plan is to consolidate all employee plans under one provider,
ICMA; and
WHEREAS, in order for City employees to transfer accounts from the CCOERA Plan to
the ICMA-RC Plan, CCOERA requires that each employee must complete a form to elect for
transfer of his /her individual accounts from the CCOERA Plan to the ICMA-RC Plan; and
WHEREAS, the City desires to comply with CCOERA's procedures; and
WHEREAS, the City also desires to allow for new employee and City participation in the
ICMA-RC Plan beginning the month following the new employee's date of hire; and
WHEREAS, the City desires to direct current employees who were subject to the one-
year waiting period under the CCOERA Plan to begin immediate participation in the new ICMA-
RC Plan as of the effective date ofthe ICMA-RC Plan.
WHEREAS, the City desires to approve a mid-year supplemental budget appropriation
for the cost of implementing the ICMA-RC Plan.
NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
A I I ACHMENT 2
Section 1. The City strongly encourages each employee previously participating in
the CCOERA Plan to complete a CCOERA disbursement form to indicate the employee's desire
to have his/her account transferred from the CCOERA Plan to the ICMA-RC Plan, pursuant to
the procedures set forth by CCOERA.
Section 2. The City hereby permits new employee and City participation in the
ICMA-RC Plan beginning the month following the new employee's date of hire.
Section 3. The City hereby authorizes the City Manager, or his designee, to adopt the
ICMA-RC Plan and eliminate the one-year waiting period that was previously applicable to the
CCOERA Plan.
Section 4. The City approves a mid-year supplemental budget appropriation to the
2008 General Fund Budget, specifically transferring $9,999 from undesignated reserves to the
appropriate accounts in the various funds to implement the ICMA-RC Plan.
DONE AND RESOLVED this
day of
,2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
2
'I>~~~
- y City of
?Wheat:RL.dge
ITEM NO:
-LE,
REQUEST FOR CITY COUNCIL ACTION
~~
I,":{-(''i'.~,<,~-,Ii!'';\
~r[~
COUNCIL MEETING DATE: June 23, 2008
TITLE: RESOLUTION 33-2008 - A RESOLUTION AUTHORIZING
SUBMITTAL OF THE APPLICATION FOR A 2008 GRANT TO
HiE GREAT OUTDOORS COLORADO FOR THE
CONSTRUCTION OF THE W ATCHABLE WILDLIFE
BOARDWALK AT BASS LAKE
D PUBLIC HEARING
D BIDS/MOTIONS
IZI RESOLUTIONS
D ORDINANCES FOR I ST READING
D ORDINANCES FOR 2ND READING
Quasi-judicial: D
4n t ./YbL
Dject4r of Parks and Recreation
YES IZI NO
~ / . a~
If' ,t}C-h~ City Manager
EXECUTIVE SUMMARY:
The State of Colorado Great Outdoors Colorado (GOCO) has a trails grant program that allows cities
to apply for matching funds for new trail construction or maintenance projects. As part of the
requirements for the submittal of the grant application, an approved resolution is required by the
Great Outdoors Colorado showing City Council support for the requested project.
This GOCO grant opportunity is in addition to the regular grant program offered and was announced
May 1, 2008 with an application due date of July 1,2008. It is an opportunity for the City to apply
for a supplemental grant to support this 2008 project. Currently the project is funded in 2008 from
the Jefferson County Joint Venture Grant program and the City Open Space Fund. Due to the
amount of City funds available to match the grant from Jefferson County, the project was planned in
phases. If the GOCO grant is awarded, the project will be completed in one phase. Depending on
the amount of the grant if awarded, it will also allow the city to enhance the project with platforms
and metal cutout artwork.
This project meets Goal I: Creating a Sustainable City Government Objective 1: Well maintained
City Facilities and Infrastructure.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The boardwalk that previously existed around Bass Lake was removed several years ago due to age and
safety considerations. A grant was received from the Division of Wildlife for design and construction
drawings for a new boardwalk. Platforms are also designed for installation in the same area. The
greenbelt is used by many bird watchers and the boardwalk enables patrons to travel further into the
greenbelt area without disturbing vegetation and walking through the wetlands.
The GOCO grant criteria consider the boardwalk a trail. The project was originally planned for
early fall construction. If a grant is awarded by GOCO, project construction cannot begin until after
October I, 2008. The benefit of the grant award outweighs the delay in construction start time.
ALTERNATIVES CONSIDERED:
To not pass the resolution in support of the grant application and therefore not apply for the grant.
Phase I funding for the project is currently in place for 2008 but does not include funds to complete a
boardwalk around the entire perimeter of the lake, platforms or metal cutout artwork.
FINANCIAL IMPACT: \
" , ., ,
The estimated budget for the entire project is $250,000. There is currently a $90,000 grant award
from Jefferson County Open Space with $38,000 City matching funds committed. The GOCO grant
award will supplement this budget and/or reduce the city matching funds depending on the final
scope ofthe project construction contract award.
RECOMMENDED MOTION:
"I move to approve Resolution 33-2008. a Resolution Authorizing submittal of the Application for a
2008 Grant to the Great Outdoors Colorado for the Construction of the Watchable Wildlife
Boardwalk at Bass Lake."
or,
"I move to table indefinitely Resolution 33-2008, a Resolution Authorizing submittal ofthe
Application for a 2008 Grant to the Great Outdoors Colorado for the Construction of the Watchable
Wildlife Boardwalk at Bass Lake for the following reason(s): "
Report Prepared by: Joyce Manwaring, Parks and Recreation Director
Reviewed by: Patrick Goff, Deputy City Manager
ATTACHMENTS:
1. Resolution 33-2008
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 33-2008
TITLE:
A RESOLUTION AUTHORIZING SUBMITTAL OF THE
APPLICATION FOR A 2008 GRANT TO THE GREAT
OUTDOORS COLORADO FOR THE CONSTRUCTION
OF THE W ATCHABLE WILDLIFE BOARDWALK AT
BASS LAKE
WHEREAS, the City of Wheat Ridge supports the completion of the Watchable Wildlife
Boardwalk in the Wheat Ridge Greenbelt at Bass Lake and;
WHEREAS, Great Outdoors Colorado has instituted a Grant Trails Program, and
WHEREAS, The City of Wheat Ridge supports the agreement between the City and The
State Board ofthe Great Outdoors Colorado Trust Fund;
NOW THEREFORE, BE IT RESOLVED THAT:
1. The City of Wheat Ridge hereby authorizes the Mayor to sign the grant agreement with
Great Outdoors Colorado.
2. The City of Wheat Ridge hereby authorizes the expenditure of funds as necessary to meet
the terms and obligations of the grant agreement and application.
DONE AND RESOLVED THIS 23rd day of June, 2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
ATTACHMENT 1
,,",{.f
~ _ ~ City of
?WlieatRL-dge
ITEMNO:~J) I
REQUEST FOR CITY COUNCIL ACTION
~~~
Pi/D'i1P:'JeL'> ~"'~
n[ llil ~~ ~
COUNCIL MEETING DATE:
June 23, 2008
TITLE:
ACCEPTANCE OF THE RIGHT-OF-WAY ON WEST 38TH AVENUE
AT RE-LOCATED LUTHERAN PARKWAY
o PUBLIC HEARING
IZI BIDSIMOTIONS
o RE;SOLUTIONS
o ORDINANCES FOR I ST READING
o ORDINANCES FOR 2ND READING
~-="~l / D
O1""*,, </Pu(wmh
YES
IZI NO
J)h-~rlA
Al"''rI~ City Manager ~ - f I'
EXECUTIVE SUMMARY:
Exempla Lutheran Medical Center has relocated the Lutheran ParkwaylWest 38th Avenue
intersection east of its original location. Additional land is needed to allow the constructed
improvements to lie within the public street right-of-way. Staff recommends acceptance of the
attached warranty deed for the required right-of-way.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Exempla Lutheran Medical Center is currently undergoing a major addition to the existin~ medical
center campus. To accommodate the expansion, the existing Lutheran ParkwaylWest 38 Avenue
intersection needed to be moved to the east. The existing public improvements along the northerly
property line adjoining West 38th Avenue were removed and modified to accommodate the
intersection move. To allow for future maintenance of the traffic signal and associated constructed
improvements by the City, Exempla Lutheran Medical Center has agreed to dedicate the area
necessary to place the existing improvements within the public right-of-way.
ALTERNATIVES CONSIDERED:
Continue existing condition which disallows City maintenance of the public improvements.
FINANCIAL IMPACT:
Approval of this right-of-way dedication will cost the City of Wheat Ridge $10.00.
RECOMMENDED MOTION:
"I move to accept the Right-Of-Way on West 38th Avenue at Re-Located Lutheran Parkway."
or
"I move to deny the acceptance of Right-Of-Way on West 38th Avenue at Re-Located Lutheran
Parkway for the following reason(s): "
Report Initiated by: Dave Brossman, Development Review Engineer
Report Prepared by: Tim Paranto, Director of Public Works
ATTACHMENTS:
\
I. Warranty Deed,
Location: 8300 w. 38111 Avenue
Wheat Ridge,. CO 80033
WARRANTY DEED
WITNESSETH THAT EXEMPLA, Inc., a Colorado Nonprofit corporation, whose address is 8300
West 38th Avenue, Wheat Ridge, County of Jefferson, State of Colorado, 80033, for the consideration of
TEN and 00/100 DOLLARS ($10.00), in hand paid, acceptance, sufficiency, and receipt of which is
hereby acknowledged, do hereby grant, bargain, sell, and convey unto the City of Wheat Ridge, a mu~
nicipal corporation in the State of Colorado, whose address is 7500 West 29th Avenue, Wheat Ridge,
County of Jefferson, State of Colorado, 80033, the following real property situate, lying and being in the
City of Wheat Ridge, County of Jefferson, State of Co lorn do, to wit:
A tract ofland lying in theNW}4 of Section 26, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, as described at
Reception Number F0506239, in the official records of the County of Jefferson, State of Colo-
rado, more particularly described as:
Commencing at the North West Quarter corner of Section 26; Thence along a line with a bearing
ofS85057'15"E.a distance of 454.57 feet to the Point ofC..<::.~:!.g; Thence N89037'48"E a dis-
tance of 532.84 feet; Thence SOoo09'53"E a distance of2.00'; Thence S89037'48"W s distance
of148.84 feet; thence SOO'3l '19E a distance of 8.00' feet thence S89'37'48"W a distance of
384.06 feet; thence NOoo04'03"W a distance of 10.00' feet to the Point ofRel!inninv::.
NOTE: All bearings are relative to one another and are based on the bearing of the west line of
the NW % of said Section 26 being NOoo04'03"W.
Said tract contains 4137.88 square feet (0.0950 acres) more or less.
Said tract to be used as: Right-ofwWay
Located at the address known by street and number as: 8300 W. 38th Avenue, Wheat Ridge,
Colorado, 80033.
With all its appurtenances, and warrant the title to the same subject to easements, rights of way and
restrictions of record, if any.
Signed this ~ day of 0 r1n~e{. 2007.
J;2!C.~~eg~7
Exempla Inc., a Colorado nonprofit corporation
STATE OF COLORADO
)
)SS.
)
COUNTY OF JEFFERSON
The :"'~""6...':""'g instrument w~ acknowledged before me this ~ day of ~ 2007, by Jeffrey D.
Selberg, President of Ex em pIa, Inc., a Colorado nonprofit ......~t'.......::on.
My commission expires:~~. Witness my hand and official seaL
SEAL
~ -
Address: :lMO w. 2b'kk( 7;1-/00
7J1M..tUf 1'.1') Rout
ATTACHMEN.U
NW 1/4 SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST 6th P M
---- CITY OF WHEAT RIDGE ----
NE COR. see. 27
NW COR. Soc. 26
N1536S.79
E35164.S6
22
27
/Oint of IN69"37'46"E
oglnnlng 532.64' _
--- ---------~---------------
sB5"S7'15~ I W 38TH A !if"
454.5
'7' ;""""""""''''''''''''''''''''l I
NOO"04'Q3-WI S69"37'460WI1 SOO'31"111-E I
10.00' 364.06' 6.00
569'37'46"WI
146.64'
SOO"09'S3"E
2.00'
N
-
I
-0-
NW 1/4
SEe 26
100'
o
laD'
20D'
...
SCALE IN FEET
LEGEND
DOCUMENT DAlEO
SEC'Y ALE DOC.
RIMS IlEM NO.
CARD NO.
lORN. SKL JPM. CAD IS.
IAPPD RAN
ISHEET 1 OF 1 SHEETS
CITY OF WHEAT RIDGE
IZ::zI ROW OEDlCA nON
OA lE: AUGUST 30, 2007
SCALE: 1" = 100' ICAD
~ ~ ".(
~ , y City of
pWheatRL-dge
ITEM NO:
2,
REQUEST FOR CITY COUNCIL ACTION
~- :::~...._~...':.~\_.~.".~~ ~~
..... )--
~ 4("/1
, ................,)"
COUNCIL MEETING DATE:
June 23, 2008
TITLE: COUNCIL BILL 10-2008 - AN ORDINANCE AUTHORIZING THE
APPROVAL OF A CHANGE OF ZONING CONDITIONS ON
PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT
AND FOR APPROVAL OF AN AMENDED OUTLINE
DEVELOPMENT PLAN AT 6340 W. 38TH A VENUE (CASE NO. WZ-
08-02/SHA W SIGN FOR HIGHLAND SOUTH AND WEST)
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
IZI ORDINANCES FOR I ST READING (06/23/08)
o ORDINANCES FOR 2ND READING (07/28/08)
Quasi-judicial:
c..
IZI YES
o NO I
1)(k~{jLt4
/}c-h11j City Manager ,I
.lJ ~j \D) i\h. .
~IOfCOTty De~-bpment
EXECUTIVE SUMMARY:
The applicant requests approval of a change of zoning conditions on property zoned Planned
Residential Development pursuant to Case No. WZ-81-28 and for an amended Outline Development
Plan (ODP). The subject property is located at 6340 W. 38th Avenue (Highland South and West
multi-family residential development).
The applicant is requesting that one of the development standards of the zoning on the property be
modified to allow a larger sign. A change of development standards for a specific zoning approval
requires a zone change process.
This case was denied administratively but was recommended for "pp.v/al by the Planning
Commission at a public hearing held on June 5, 2008.
This City Council action is related to Goal 3 of the Strategic Plan of partnering between the City,
community and region.
COMMISSIONIBOARD RECOMMENDATION:
This case was reviewed by Planning Commission at a public hearing held on June 5, 2008. A
recommendation of approval was given with the following conditions:
I. The title be corrected to reflect an ODP amendment.
2. The legal description be corrected.
3. A note shall be added that all other provisions of the existing ODP remain in force.
4. It be noted that the site data table on page one relates only to Lot I.
STATEMENT OF THE ISSUES:
The Outline Development Plan (ODP), which accompanies a rezoning ordinance, sets the allowable uses
and development standards. One of the development standards typically established by the ODP is
signage allowances.
The ODP for the Highland South and West development indicates that signage on the property is to be
consistent with City of Wheat Ridge zoning and development code. The sign code allows residential
development to have one freestanding sign per street front with a maximum of 32 s.f. per sign face and a
maximum height of 7' .
The applicant is proposing a sign which is 10'-4" in height with 60 s.f. of sign copy per face including
a changeable copy time and temperature sign. Because the proposed signage exceeds the maximums in
the zoning and development code, the underlying zoning and ODP plan must be modified.
ALTERNATIVES CONSIDERED:
I. Approve th\l 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 ofthis application. Building permit fees and
use tax will be assessed at the time of building permit for the sign.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 10-200&, Case No. WZ-08-02, a request for approval of a
change of zoning conditions on property zoned Planned Residential Development and for approval
of an amended Outline Development Plan for property located at 6340 W. 38th Avenue, on first
reading, order it published, public hearing set for Monday July 28, 2008 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication."
or
'\ move to deny the approval of Council Bill No. 10-2008. Case No. WZ-08-02, a request for
approval of a change of zoning conditions on property zoned Planned Residential Development and
for approval of an amended Outline Development Plan for property located at 6340 W. 38th Avenue,
for the following reason(s): "
Report Prepared by: Ken Johnstone, Director, Community Development
Report Reviewed by: Patrick Goff, Deputy City Manager
ATTACHMENTS:
I. Council Bill No. 10-2008
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 10-2008
Ordinance No.
TITLE:
COUNCIL BILL 10-200S - AN ORDINANCE
AUTHORIZING HiE APPROVAL OF A
CHANGE OF ZONING CONDITIONS ON
PROPERTY ZONED PLANNED
COMMERCIAL DEVELOPMENT AND FOR
APPROVAL OF AN AMENDED OUTLINE
DEVELOPMENT PLAN AT 6340 W. 3STH
AVENUE (CASE NO. WZ-OS-02/SHA W SIGN
FOR HIGHLAND SOUTH AND WEST)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Upon application by Shaw Sign for United Presbyterian, approval of change
of zoning conditions on property zoned Planned Residential Development approved pursuant to
Case No. WZ-81-28 and for approval of an amended Outline Development Plan for property
located at 6340 W. 38th 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:
LOT I, BLOCK I AND LOT 2, BLOCK 2 OF HIGHLAND SOUTH SUBDIVISION,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Prooertv Rights. Approval ohhis change of zoning conditions and
amended Outline Development Plan does not create a vested property right. Vested property
rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of
Laws of the City of Wheat Ridge.
Section 3. 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 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code
or the application thereof to any person or circumstances shall for any reason be adjusted by a
court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
I
ATTACHMENT 1
Section S. Sup('{session 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 6. This Ordinance shall take effect 15 days after [mal 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 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 BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
I st publication:
2nd publication:
Wheat Ridge Transcript
Effective Date:
2