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HomeMy WebLinkAbout08/25/2008 6:30 p.m. Pre-Meeting ~\ I~ '~1\].~ ~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Auqust 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 Auaust 11. 2008 CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 13-2008 - 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 3700 Kipling Street. (Case No. WZ-08-04) (City of Wheat Ridge) Item 2. Council Bill 14-2008 - An Ordinance submitting a ballot question to the voters of the City at the November 4, 2008 Special Election, concerning amending the Wheat Ridge Home Rule Charter to provide for limitations upon building height and residential density to be as set forth by Ordinance in the Wheat Ridge Zoning and Development Code. CITY COUNCIL AGENDA: August 25, 2008 Item 3. Item 4. Page -2- Council Bill 15-2008 - An Ordinance submitting a ballot issue to the voters of the City at the November 4, 2008 Special Election, concerning the authorization of a temporary sales and use tax rate increase and Revenue Bonds to finance the reconstruction and streetscaping of portions of West 38th Avenue. Council Bill 16-2008 - An Ordinance submitting a ballot issue to the voters of the City at the November 4, 2008 Special Election, concerning the authorization of General Obligation Bonds to finance neighborhood flood control and storm drainage improvements. DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Item 6. Item 7. Item 8. Resolution 45-2008 - A Resolution giving notice of and calling for a Special Municipal Election to be held November 4, 2008. Resolution 46-2008 - A Resolution amending the fiscal year 2008 conservation trust fund budget to appropriate funds in the amount of $15,000 for the purpose of expending a State Historic Grant for restoration of the Baugh House and authorizing the Mayor to sign an award letter accepting the grant which includes recording a twenty year covenant on the property. Resolution 47-2008 - A Resolution approving Jefferson County Open Space to proceed with acquiring an appraisal for the purpose of disposing of less than an acre of park property located at 38th & Kipling. Resolution 48-2008 - A Resolution approving an Intergovernmental Agreement (IGA) with the Prospect Recreation & Park District for maintenance of landscaping and trail improvements on West 44th Avenue. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT coorrBJB~ CITY OF WHEAT RIDGE, COLORADO Auaust 11. 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council members present: Karen Adams, Karen Berry, Dean Gokey, Tracy Langworthy, Lena Rotola, Wanda Sang, and Mike Stites. Also present: Deputy City Clerk, Christa Jones; City Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of Public Works, Tim Paranto; staff; and interested citizens. Council member Terry Womble was absent. APPROVAL OF MINUTES OF Julv 28.2008 Motion by Mrs. Sang for approval of the Minutes of July 28, 2008; seconded by Mr. Stites; carried 6-0 with Mr. Gokey abstaining. PROCLAMATIONS AND CEREMONIES Mrs. Wheat Ridge Karen Thaler read the Proclamation for Annual Carnation Festival Week August 10th - 1 rth, 2008. Mayor DiTullio presented the Proclamation to Tom Meiers from the Wheat Ridge Carnation Festival Committee. CITIZENS' RIGHT TO SPEAK John Marriott, Chairman of the Wheat Ridge Business District, gave update on his organization. The Business District is in favor of the proposed ballot questions. Charles Holzer, Wheat Ridge, urged that Council put the Recreation Center expansion question on the ballot. Item 1. CONSENT AGENDA A. Resolution 41-2008 - A Resolution authorizing the appropriate City Officials to execute an Intergovernmental Agreement (IGA), by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the conduct of the coordinated election to be held on November 4, 2008. CITY COUNCIL MINUTES: August 11, 2008 Page -2- B. Resolution 42-2008 - A Resolution authorizing the appropriate City Officials to execute an Intergovernmental Agreement (IGA) by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the production of a mailed notice concerning ballot issues. (Tabor) C. Resolution 43-2008 - A Resolution approving a contract with the Colorado Department of Transportation for maintenance of traffic signals. D. Resolution 44-2008 - A Resolution approving a Common Use Agreement with the Colorado Department of Transportation and the Lane Ditch Company for maintenance of Lane Ditch Improvements. Consent Agenda was introduced and read by Mr. Stites. Motion by Mr. Stites for approval of the Consent Agenda; seconded by Mrs. Sang; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Meeting on 2009 Budget. Item 2 was introduced by Mrs. Rotola, who read the Executive Summary. There was no one present to speak. ORDINANCES ON FIRST READING Item 3. Council Bill 14-2008 - An Ordinance submitting a Ballot Question to the Voters of the City of Wheat Ridge at the November 4, 2008 Special Election, concerning amending the Wheat Ridge Home Rule Charter to provide for limitations upon Building Height and Residential Density to be set forth by Ordinance in the Wheat Ridge Zoning and Development Code. Council Bill 14-2008 was introduced on first reading by Mr. Stites, who read the Executive Summary. Motion by Mr. Stites to approve Council Bill 14-2008 on first reading, order it published, public hearing set for Monday, August 25, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption at second reading; add the words "by Ordinance" to Page 1, Section 5.10.1; seconded by Mrs. Sang; carried 7-0 CITY COUNCIL MINUTES: August 11, 2008 Item 4. Page -3- Council Bill 15-2008 - An Ordinance submitting a Ballot Question to the Voters of the City of Wheat Ridge at the November 4, 2008 Special Election, concerning a Temporary Sales and Use Tax Rate Increase for the purpose of issuing Revenue Bonds for the reconstruction and streetscaping of portions of West 38th Avenue. Council Bill 15-2008 was introduced on first reading by Mrs. Sang, who read the Executive Summary. Motion by Mrs. Sang to approve Council Bill 15-2008 on first reading, order it published, public hearing set for Monday, August 25, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption at second reading; seconded by Mr. Stites; carried 7-0. Item 5. Council Bill 16-2008 - An Ordinance submitting a Ballot Question to the Voters of the City of Wheat Ridge at the November 4, 2008 Special Election, concerning General Obligation Bonds for the purpose of financing Neighborhood Flood Control and Storm Drainage Improvements. Council Bill 16-2008 was introduced on first reading by Ms. Berry, who read the Executive Summary. Motion by Ms. Berry to approve Council Bill 16-2008 on first reading, order it published, public hearing set for Monday, August 25, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption at second reading; seconded by Mrs. Adams and Mrs. Rotola; carried 6-1 with Mr. Gokey voting no. DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Resolution 40-2008 - A Resolution amending the fiscal year 2008 General Fund Budget to reflect the approval of a supplemental budget appropriation to the Taste of Wheat Ridge Festival for $1 0,000.00, approval of $6,500.00 worth of special City services, along with approval of the closure of West 38th Avenue from Pierce Street to Wadsworth Boulevard on September 6, 2008. Resolution 40-2008 was introduced by Mrs. Langworthy, who read the Executive Summary. Motion by Mrs. Langworthy to aJ;lprove Resolution 40-2008. She further moved to approve the closure of West 38 Avenue from Upham Street to Wadsworth Blvd. for the 2008 Festival; she further moved to approve the Police Department providing security and traffic control for the Festival; she further moved to approve the Public Works Department providing street sweeping for the Festival; seconded by Mr. Gokey. Motion Failed 4-3 with Councilmembers Langworthy, Sang, and Gokey voting yes. CITY COUNCIL MINUTES: August 11, 2008 Page -4- Motion by Ms. Berry to not approve Resolution 40-2008; she further moved to approve $6,500 worth of special City services; the closure of West 38th Avenue from Upham Street to Wadsworth Blvd. for the 2008 Festival; she further moved to approve the Police Department providing security and traffic control for the Festival; she further moved to approve the Public Works Department providing street sweeping for the Festival; seconded by Mrs. Rotola. Sali Caquelyn, Event Director for Taste of Wheat Ridge, stated they have fallen short in the fund raising process. She thanked the City for approving the in-kind money, but without the extra money, there won't be a Taste of Wheat Ridge. Terry Amalfitano, Denver, participated last year and they had a great showing for a first time event. The City would make some sales tax money. Motion carried 4-3 with Councilmembers Langworthy, Sang, and Gokey voting No. CITY ATTORNEY'S MATTERS Jerry Dahl updated Council on the billboard issue. Correspondence will be sent out to Council. ELECTED OFFICIALS' MATTERS Mr. Gokey thanked Council and the community for their support during this difficult time in his life. Mrs. Adams and Mr. Stites will have a community update meeting on August 19th at Glory of God Lutheran Church, West 38th Avenue, at 7:00 p.m. Postcards will be mailed to the rest of the district in September for the second meeting. Mr. Stites asked that businesses and private homes clean up lots in the Parade area. He asked that everybody do one positive thing for their community this week and as usual, buy it and find it in Wheat Ridge. Mrs. Rotola thanked the Police Department for a great job on Night out. Motion by Mr. Stites to adjourn to Executive Session for a conference with the City Attorney under Charter Section 5.7(2) and Section 24-6-402(4)(F) C.R.S., specifically to conduct the annual Performance Evaluation of the City Manager. I further move to adjourn at conclusion of the Executive Session; seconded by Ms. Berry; carried 7-0. CITY COUNCIL MINUTES: August 11, 2008 Page -5- EXECUTIVE SESSION WAS HELD Meeting adjourned at 9:04 p.m. ~~\W~ Christa Jones, Deput~ City Clerk APPROVED BY CITY COUNCIL ON AUGUST 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. August25,2008 Mayor Jerry Ditullio and City Council Questions for August 25,2008 City Council Meeting: Question #1 - What assurances, if any, do neighborhood residents have that the proposed zoning change - ostensibly for park use - won't be a temporary change that facilitates future zoning manipulation by creative developers and city officials? The current zoning restrictions have protected the neighborhood from undesirable commercial developments. Question #2 - What are the long-term plans for both 35th Avenue and the parking space issue for the South side of the proposed park? Background: The initial three design options for the park presented at Neighborhood Meeting two had no parking areas on the South half of the park. Yet, the final park design presented at Neighborhood Meeting three had parking spaces along 35th avenue facing North into the park. The staff report now indicates only parallel street parking for the South half of the park. Ideally, the corrections needed to 35th Avenue could be addressed at the same time as the details of the park design are finalized. Question # 3 - Why were nearby residents essentially deceived concerning the skate board issue? It appears from Section III. PARKS AND RECREATION MASTER PLAN adopted by City Council on November 13, 2006 on page 4-7 - the skate board issue was a "fait accompli" prior to the first of three 2008 neighborhood meetings. At the first neighborhood meeting the idea of including a skaieboard facility in the park was presented - not by City of Wheat Ridge "employees most knowledgeable of the Master Plan" - but by neighborhood outsiders - who we in the neighborhood did not believe would be taken seriously. At the second neighborhood meeting all three options presented by Landscape Architectural Consultants included a skateboard facility. Thank You for considering these questions ;P~~ ~ Dalmon M. Larson 9940 West 35th Avenue Wheat Ridge, CO 80033 Ii" .' , ' City of pWheatRL-dge ITEM NO: I. REQUEST FOR CITY COUNCIL ACTION ~~"'\;\ , II'IT'U~ ;;:. .,;:' ~~ .....~. ...-.~'.:.~~.~\ ~g, I.~ A~.' ,.,'-', ~ -~ ""71' , ~ ........ =--- .. ,~':"'7 I COUNCIL MEETING DATE: August 25, 2008 TITLE: COUNCIL BILL NO. 13-2008 - 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 3700 KIPLING STREET (CASE NO. WZ-08-04/CITY OF WHEAT RIDGE) IZI PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (07/28/2008) IZI ORDINANCES FOR 2ND READING (08/25/2008) r Quasi-judicial: i:8J YES JJJ () J ~_i -' \Director o;c1~tl:tY ~~~~ D NO ~Wo...:>rd> City ManageJX' \j EXECUTIVE SUMMARY: The applicant requests approval of a change of zoning conditions on property zoned Planned Commercial Development pursuant to Case No. WZ-82-15 and for an amended Outline Development Plan (ODP). The subject property is located at 3700 Kipling Street. The property is city owned land, purchased with Jefferson County Open space Funds, which has been subject to a park master plan process for development into a city park. The property is currently zoned Planned Commercial Development and is approved for an office complex development with 130,000 square feet of floor area. Permitted uses include professional, medical and business offices and general retail sales. A public park is not one of the permitted uses. As such, the existing ODP plan, known as Westhaven Park Planned Commercial Development must be amended, requiring a zone change process. A zone change process is required to modify an existing ODP plan by adding uses and amending development standards. This appI.ic,ation has been processed following 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. Planning Commission reviewed this case at a public hearing held on August 7,2008 and recommended approval. COMMISSIONIBOARD RECOMMENDATION: All zone change requests require review and a recommendation from the Planning Commission. Planning Commission reviewed this request at a public hearing held on Thursday, August 7. A motion was made to recommend approval of the case for the following reasons: 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ-82-15. 2. A zone change process is required to modify zoning conditions. 3. The criteria used to evaluate a change in zoning conditions support the request. 4. The proposal is consistent with the recommendations made in the Parks and Recreation Master Plan. 5. The Parks and Recreation Commission recommends approval of the Master Plan. With the following conditions incorporated into the plan set prior to City Council public hearing: 1. A note be added on page 1 that up to 36,000 square feet of the site may be used to support adjacent commercial development. 2. On Sheet 3, the "bulb" portion of the parking area be widened to provide a drop-off area. 3. On Sheet 3, designate locations where parallel parking will be allowed on W. 35th Avenue and Johnson Strl1et. _, :.., ""- 4. A note be added on page 5 that the designs shown are conceptual and that the final structure designs will be determined' at the time of Final Development Plan approval." Staff has recommended to the applicant that changes to the ODP document be delayed until final City Council action in case there are other changes required. STATEMENT OF THE ISSUES: The property in question was purchased by the city in 2000 using Jefferson County Open Space Funds with the intent that it be developed into a city park. The Parks and Recreation Department with the help of Design Concepts has undertaken a parks master planning effort for the park design. A series of design workshops were conducted with the public to solicit input for the park design. Study sessions were held with City Council, Planning Commission and the Park Commission. The final design generated from the master planning process has become the graphic for the ODP document. Other modifications occurring to the ODP document include elimination of commercial uses, establishment of new uses, and revision to development standards. Concern has been expressed that it could be desirable if the use of the property would produce revenue for the city. The proposed list of uses includes the broad categories of park, recreation, cultural and historical activities. Staff has concluded that there is enough flexibility that park support uses such as farmer's market or bike rental facility would be permitted. However, the agreement with Jefferson County Open Space precludes commercial use of the property for private gain. There has been additional concern expressed that approval of a park design which is recorded with the Jefferson County Clerk and Recorder's office as part of the ODP package will limit potential future use of the property. Staff has concluded that as long as the criteria for modifYing an ODP amendment are not violated as specified in Section 26-311.8., limited modifications could be made to the underlying document with no public hearing process if the park master plan design would change. The criteria which allow administrative ODP modification includes no increase in gross floor of beyond what is specified on the ODP, proposed land uses which are consistent with what is permitted by the ODP, no decrease in perimeter setbacks and no increase in density. There has been a provision built into the ODP that a future structure with up to 32,000 square feet of footprint could be constructed. As an example, a new satellite parks administrative office could be built with no required modification to the ODP plan or public hearing process. ALTERNATIVES CONSIDERE~: 1. Do not approve request. FINANCIAL IMPACT: There is no direct financial impact to the Community Development Department as a result of this case. No fees were paid for the processing. Fees will not be collected for review of the Final Development Plan, nor for any permitting required for park construction. RECOMMENDED MOTION.: "I move to approve Council Bill No. 13-2008. Case No. WZ-08-04, 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 3700 Kipling Street on second reading, and that it take effect 15 days after final publication, for the following reasons: 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ-82-15. 2. A zone change process is required to modify zoning conditions. 3. The criteria used to evaluate a change in zoning conditions support the request. 4. The proposal is consistent with the recommendations made in the Parks and Recreation Master Plan. 5. The Parks and Recreation Commission recommended approval of the Master Plan. With the following conditions: 1. A note be added on page 1 that up to 36,000 square feet of the site may be used to support adjacent commercial development. 2. On Sheet 3, the "bulb" portion of the parking area be widened to provide a drop-off area. 3. On Sheet 3, designate locations where parallel parking will be allowed on W. 35th Avenue and Johnson Street. 4. A note be added on page 5 that the designs shown are conceptual and that the final structure designs will be determined at the time of Final Development Plan approval." or, "1 move to postpone indefinitely Council Bill No. 13-2008, Case No. WZ-08-04, for the following reasons: " Report prepared by: Meredith Reckert, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development ATTACHMENTS: 1. Council Bill No. 13-2008 2. Planning Commission report with exhibits MODIFIED MOTION FOR APPROVAL "1 move to approve Council Bill No. 13-2008, Case No. WZ- 08-04, 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 3700 Kipling Street for the following reasons: I. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ-82- 1 5. 2. A zone change process is required to modify zoning conditions. 3. The criteria used to evaluate a change in zoning conditions support the request. 4. The proposal is consistent with the recommendations made in the Parks and Recreation Master Plan. 5. The Parks and Recreation Commission recommended approval ofthe Master Plan. With the following conditions: I. A note be added on page 1 that up to 36,000 square feet of the site maybe used to support adjacent commercial development. 2. On Sheet 3, the "bulb" portion of the parking area be widened to provide a drop-off area. 3. On Sheet 3, designate locations where parallel parking will be allowed on W. 35th Avenue and Johnson Street. 4. A note be added on page 5 that the designs shown are conceptual and that the final structure designs will be determined at the time of Final Development Plan approval. 5. In the land use table site data breakdown, add a note that the open space and landscaped area shown is the minimum required." INTRODUCED BY COUNCIL MEMBER Council Bill No. 13-2008 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 3700 KIPLING STREET (CASE NO. WZ-08-04/CITY OF WHEAT RIDGE) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Design Concepts for the City of Wheat Ridge, approval of change of zoning conditions on property zoned Planned Commercial Development approved pursuant to Case No. WZ-82-15 and for approval of an amended Outline Development Plan for property located at 3700 Kipling Street and pursuant to the [mdings 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 PART OF THE WEST ONE HALF OF THE WEST ONE HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE SOUTH 00012'37" E, A DISTANCE OF 180.00 FEET; THENCE NORTH 89039'34" EAST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST ONE QUARTER 40.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF KIPLING STREET; THENCE CONTINUING NORTH 89039'34" EAST ALONG THE AFORESAID COURSE 140.00 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1748, PAGE 767 OF THE JEFFERSON COUNTY RECORDS; THENCE NORTH 00012'37" WEST ALONG THE EAST LINE OF SAID BOOK 1748, PAGE 787 AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST ONE QUARTER 145.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WEST 38TH AVENUE; 1 ATTACHMENT 1 THENCE ALONG THE FOLLOWING FOUR (4) COURSES ON SAID SOUTH RIGHT OF WAY LINE OF WEST 38TH AVENUE: (1) THENCE NORTH 89039'34" EAST 90.01 FEET; (2) THENCE NORTH 00020'26" WEST 5.00 FEET; (3) THENCE NORTH 89039'34" EAST 56.45 FEET; (4) THENCE SOUTH 45016'22" EAST 14.13 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF JOHNSON STREET (ALSO BEING A POINT ON THE EAST LINE OF TRACT "A" OF WESTRA VEN); THENCE SOUTH 00012'18" EAST ALONG THE WEST RIGHT OF WAY LINE OF JOHNSON STREET (ALSO BEING THE EAST LINE OF SAID TRACT "A") 1291.04 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST 35TH AVENUE; THENCE SOUTH 89034'42" WEST ALONG SAID NORTH RIGHT OF WAY LINE OF WEST 35TH AVENUE 291.33 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID KIPLING STREET; THENCE ALONG THE FOLLOWING THREE (3) COURSES ON SAID EAST RIGHT OF WAY LINE OF KIPLING STREET: (1) THENCE NORTH 00012'37" WEST 214.46 FEET; (2) THENCE SOUTH 89034'42" WEST 5.00 FEET; (3) THENCE NORTH 00012'37" WEST 937.00 FEET TO THE POINT OF BEGINNING, CONTAINING 363,101 SQUARE FEET OR 8.3357 ACRES, MORE OR LESS. Section 2. Vested Prooertv Rights. Approval of this 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. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power ofthe 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. 2 Section 5. 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 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 3 on this 28th day of July, 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on fmal passage set for Monday, August 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 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 GERAL DAHL, CITY ATTORNEY 15t publication: July 31, 2008 2nd publication: Wheat Ridge Transcript Effective Date: 3 CITY OF WHEAT RIDGE CO~TYDEVELOPMENTSTAFFREPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: August 7, 2008 CASE NO. & NAME: WZ-08-04/Design Concepts for City of Wheat Ridge ACTION REQUESTED: Approval of a change of zoning conditions on property zoned Planned Commercial Development and approval of an amended Outline Development Plan LOCATION OF REQUEST: APPLICANT/OWNER: APPROXIMATE AREA: 3700 Kipling Street Design Concepts for City of Wheat Ridge Parks and Recreation Dept. 8.3 acres PRESENT ZONING: PCD, Planned Commercial Development COMPREHENSIVE PLAN: Neighborhood Park (Parks and Recreation Master Plan) ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Vicinity map Site ----------- Planning Commission WZ-08-04/Design Concepts for City of Wheat Ridge 1 ATTACHMENT 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a change of zoning conditions approved pursuant to Case No. WZ- 82-15 and for approval of an amended Outline Development Plan (ODP) for property located at 3700 Kipling Street. Pursuant to Section 26-1 12.B.2., a zone change process is required when changing the conditions of an existing zone district where those conditions were specifically established by a previous zoning action. The purpose of the change of zoning conditions is for the construction of a City park. The underlying ODP document must be modified as a public park is not a permitted use. (Exhibit 1, applicant letter) II. EXISTING CONDITIONSIPROPERTY HISTORY The property is comprised of 8.3 acres of land area and has street frontages on four sides; W. 35th Avenue on the south, Kipling Street on the west, W. 38th Avenue on the north and Johnson Street on the east The property is currently vacant and slopes downhill from the south to the north with an approximate 60' grade change between 35th and 38th Avenues. A parcel ofland not owned by the city is located at the southeast comer ofW. 38th Avenue and Kipling Street (Applewood Cafe). The city owned open space abuts this parcel on the south and east. Parking and circulation for the cafe encroach onto the city owned land. A lateral of the Rocky Mountain Ditch runs along the 35th Avenue and Johnson Street frontages to a drainage area at the northeast comer of the site. This water way continues north under 38th A venue and eventually empties into Lena Gulch. The existing site conditions are best viewed on page 4 of the ODP plan set (Exhibit 2, proposed Outline Development Plan document) The property is surrounded by a variety ofland uses including R-l zoned and developed subdivisions to the east and south. To the west across Kipling are five different zoning categories (Commercial- One, Restricted Commercial, Planned Commercial Development Residential-Three A and Residential Two). Uses vary from commercial to high density residential. Abutting the property to the north, across W. 38th Avenue, is Commercial One zoning developed as a gas station/convenience store and a home with R-2 zoning. The property was rezoned from Commercial-One and Residential-One to Planned Commercial Development pursuant to Case No. WZ-82-15. Subsequent to City Council approval, a referendum petition was filed against the decision whereby the zone change issue went to a vote of the people and was upheld. The zone change became effective on May 1, 1983. (Exhibit 3, existing Outline Development Plan) The property was purchased by the City of Wheat Ridge in 2000 with open space funds. III. PARKS AND RECREATION MASTER PLAN In 2006, the Parks and Recreation Department, with help of a consultant, prepared and adopted a Parks and Recreation Master Plan. This document was adopted by City Council as an addendum to the Comprehensive Plan on November 13,2006. The intent of the master plan was that it became the Planning Commission 2 WZ-08-04/Design Concepts for City of Wheat Ridge guiding policy document for the next 10 - 15 years relating to parks, trails and recreation within the City. The subject parcel, referred to as the Einarsen property, is discussed in several locations in the master plan. The first reference is in Chapter Two (Existing Park and Recreation Resources, Standards and Level of Service) Undeveloped Parkland (Page 2-32).............The second undeveloped parkland is an 8.3-acre parcel called the Einarsen Property, located at 3700 Kipling Street near the Wheat Ridge Recreation Center. This parcel has excellent street and visual access, and would provide needed neighborhood parkland in a currently underserved area of the city. Another reference is made in Chapter Four (Recommendatious of the Master Plan). Develop Existing Park Sites (page 4-3)...........The City of Wheat Ridge currently owns three parcels of land for development of neighborhood parks. Careful foresight and planning on the part of the Parks and Recreation Department has allowed them to acquire and "bank" these parcels and designate them for future park purposes. . . . . . . . ... Einarseu Property (Page 4-7).............The second undeveloped park property is 8.3 acres in size and located along Kipling Street between 38th Avenue and 35th A venue. This site is adequately sized for a full neighborhood park and has excellent access, both visually and physically, along Kipling Street. Development of this park will not only provide a neighborhood park in an underserved area, but also provides an outstanding opportunity for other needed park features in a centralized location within the city. It is recommended that consideration be given to providing a dog park at this location as well as skateboarding features, in addition to other traditional neighborhood park amenities such as a playground, picnic shelter, restroom, and shade structures. This is an ideal location for a dog park due to its centralized location, easy access, and proximity to other park and recreation amenities, such as the Wheat Ridge Recreation Center, which is located approximately one block away. As skateboarding and in-line skating have become increasingly popular, the addition of elements designed specifically for these activities would be ideal in this location as well. By co-locating a dog park near the skate features, the park will be activated in a manner that provides for self-policing of the skate area by dog park users as well as other park users. There would also be good line-of-sight from Kipling Street as the parcel is narrow in shape. Since the site slopes somewhat steeply from south to north, the inclusion of a multi-purpose turf field may not be possible without major retaining walls. An attractive, low, transparent fence should be provided along Kipling, allowing visibility into and surveillance of the park, while preventing inadvertent conflicts between park users and traffic. Implementation Actions (Page 5-9) Develop site master plans and construction documents for 44th and Kendall and Einarsen property. IV. NEIGHBORHOOD MEETING/P ARK DESIGN MASTER PLAN PROCESS The park design master plan process consisted of a series of three work sessions with the neighborhood and community and study sessions with the Parks Commission, Planning Commission and City Council. Approximately 483 work session notices were sent out to the area bounded by 32nd Avenue on the south, Miller Street on the west, 41 st Avenue on the north and Holland Street on the east. These boundaries extended beyond what is required by code. In addition to the initial mailing, public notices Planning Commission WZ-08-04/Design Concepts for City of Wheat Ridge 3 were posted at various locations throughout the city and on the web site. Attendance at the three work sessions totaled 154; included in this number are duplicate individuals. The Parks and Recreation Commission voted to recommend approval ofthe Master Design Plan to City Council on June 18,2008. Due to amendment of the original zoning and requisite zone change process, a pre-application neighborhood meeting was required. The first work session with the neighborhood on April 3, 2008, was intended to fulfill this requirement and was advertized as such. A neighborhood meeting recap with issues discussed in regard to the zone change and ODP is attached. (Exhibit 4, Neighborhood Meeting Recap) Attached is correspondence submitted regarding the park and zone change issue. (Exhibit 5, Correspondence) V. OUTLINE DEVELOPMENT PLAN The Outline Development Plan (ODP), which accompanies a rezoning ordinance, sets the allowable uses and development standards for the property. In the past, the Outline Development Plan has been general in nature and served as the blueprint for development of the property by showing approximate areas of landscaping, building footprints and parking. The Outline Development Plan is used to establish design parameters including maximum building height, minimum landscaped coverage and minimum perimeter setbacks. In the summer of 2007, the planned development regulations were modified to expedite the Outline Development Plan (ODP) and Final Development Plan (FDP) review processes. An applicant has a choice of providing more written and graphic information detailing the development proposal at the ODP stage, allowing the FDP to be approved administratively. This case is being processed in accordance with more detailed ODP requirements. As such, the plan set for the ODP contains the following five sheets: declaration page/development standards, site analysis and views, park site plan, land survey plat and proposed building elevations. Allowable Uses: Permitted uses on the property currently include business and professional offices (medical and dental offices, banks), service establishments (beauty shops, jewelry repair), retail uses (liquor store, electronic equipment, restaurants, appliance stores, grocery stores and hardware stores) and churches. A public park is currently not a permitted use. The proposed amended ODP allows park, recreation, cultural and historical activities. All currently permitted commercial uses have been removed. Due to the potential conveyance of land to the Applewood Cafe property owner, a note should be added that up to 36,000 s.f. of the original park parcel can be used for support uses (parking) for adjacent commercial development. Planning Commission WZ-08-04/Design Concepts for City of Wheat Ridge 4 Site Plan/Structure Configuration The existing site plan for the property (sheet 5 of the old plan) depicts a complex of six office buildings with up to 129,100 square feet of floor area. The proposed master plan for the park has been included in the plan set as sheet 3. Moving from south to north, several different use/activity areas are provided. At the very southern end of the site a 230' x 145' soccer practice field is being shown. In the middle of the site are restrooms, shade shelters, children's garden and maze and several play areas. Towards Kipling on the northern one-third of the site is a concrete skate park. Parking and detention are located north ofthe skate park area. A provision has been added which would allow construction of a future building if the need arises. The portion of city-owned land on 38th Avenue has been excluded from the park design site plan and is shown as being a potential conveyance to the property owner to the west. A subdivision plat will be required to subdivide this piece for conveyance. Included on sheet five are several "section" views of the park which depict the grade changes and different use areas. Landscaping: The original ODP set the minimwn amount oflandscaping at 22%. The specific landscaped coverage depicted on the site plan is 35%. Landscaping on the site plan (page 5) is shown along the perimeter and through the interior ofthe site. A note is included on sheet 1 requiring visual screening and buffering to a height of 6' using plantings, berming and fencing along 80% of boundary of Johnson and 35th Avenue. The proposed plan shows 69.27% landscaping and open space on the site. Other features include walking paths, activity areas, fencing and installation of plant materials. A specific landscape plan will be required at the time of administrative FDP approval. Access, Parking and Circulation: The existing ODP shows two access points to Kipling (one full movement and one right-in/right-out) and one access to 38th Avenue. Parking is interspersed through out the site with connected circulation and 301 parking spaces provided. The proposed plan shows a single parking area accessing Johnson Street with 42 spaces. Access for the parking lot aligns with 37th Avenue extended. Parallel parking will be allowed along 35th Avenue and Johnson Street. The areas where parallel parking is appropriate should be identified. Staff would also recommend that the "bulb" portion of the parking area be widened to provide a drop-off area. Pedestrian connections are shown to 35th Avenue at the southeast and southwest comers of the park, at 36th Avenue extended and 37th Avenue extended. A loop walk is provided around the perimeter with internal paths accessing the different activity areas. A reservation for future right-of-way dedication is being shown along Kipling. The additional right- of-way needed varies from 30' to 35' in width for a total of 75' from center line and is consistent with the DRCOG long range transportation plan for the metropolitan area. A 10' wide path is being shown running along the Kipling frontage in accordance with the City's Bike and Pedestrian Route Master Plan map. No permanent improvements should be located in the reservation area. Planning Commission WZ-08-04illesign Concepts for City of Wheat Ridge 5 Building Height/Minimum Setbacks: Consistent with the existing ODP for the property, maximum building height remains at 35'. Perimeter setbacks from rights-of-way are also the same at 30'. Development Standards: The development standards depicted in the table are shown as minimum standards on the ODP. The table provides a comparison with what's provided or required by the existing ODP and what is being shown on the proposed amended ODP. Note that the figures for the park design are based on gross acreage of the total but do not include the 35,809 square foot parcel for conveyance to the adjacent property owner. Therefore, if the coverage figures are added up for the proposed ODP plan, they do not equal 1 00% unless the conveyance parcel is included. Another item to note is for comparison purposes with the existing plan, the park categories for "parking and roads" and "open space and landscaped area" are combined. I Item Max. building coverage: Gross building area: Landscaped coverage: Roads, parking, sidewalk and plaza coverage: Minimum parking required: I Maximum building height: I Minimum setback from r-o-w: Signage I Fencing Exterior Lighting: Architectural Detail: Current ODP Plan 100,000 s.f. (28%) 129,100 s.f. Proposed ODP Plan 2,433 s.f. (.67%) this plan 32,730 s.f. (10%) maximum 80,774 s.f. (22%) 251,502 s.f. (69.27%) this plan 224,970 s.f. (61.96%) maximum 180,774 s.f. (43%) 73,360 s.f. (22.48%) this plan 69,595 s.f. (21.26%) maximum Commercial (I space/200s.f.) Office (I space/300 s.f.) Refers to Section 26-501 35' 30' Not addressed 35' 30' Refers to Article VII of the Wheat Ridge Code of Laws Not addressed Refers to Section 26-603 Not addressed Refers to Section 26-503 of the Wheat Ridge Code of Laws Not addressed Refers Architectural and Site Design Manual Planning Commission WZ-08-04/Design Concepts for City of Wheat Ridge 6 Architectural Elevations: The existing ODP does not address architectural details for the proposed structures. Under the description of "Character" on sheet I, it is mentioned that structure facades adjacent to 35th and Johnson will be of a "residential appearance". On Sheet 4, structures are noted to have an east/west orientation to preserve views. The proposed ODP depicts tentative architectural details for the restrooms and shade shelters on sheet 5. All structures are shown as being less than 15' in height. Architectural materials shown include steel columns, metal roofing and block walls with wooden panels. Gateway design features are also shown. A note should be added that these are tentative designs which will be fmalized at the time of FDP approval. While only single and two family dwellings are listed as exempt from the Architectural and Site Design Manual, the types of accessory structures being proposed are specially designed for public park use. As such, many of the requirements in the Commercial/Industrial Design Standards cannot be met. An example would be the requirement for transparency. The ASDM specifies that transparency of ground floor facades facing any street, regardless of distance, shall be have between 60% and 85% transparency (windows). Not only is this impractical for the restroom building but it would constitute an attractive nuisance. Staff has concluded that the requirements of the Commercial/Industrial Design Standards of the Architectural and Site Design Manual are not applicable for these types of accessory buildings. If a new, primary structure is built on the property, the requirements ofthe ASDM would apply. VI. ZONE CHANGE CRITERIA Staff has the following comments regarding the zone change criteria. The Planning Commission shall base its recommendation in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; The official zoning map is not in error. The parcel is currently zoned Planned Commercial Development. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, There are have been changes in the area which impact the property. The recreation center was built in 2000 which has proved to be a community and regional draw, being identified as one of the premier recreation centers in the metro area. While there has been some new commercial construction, much of the existing commercial development in the area us deteriorating with no investment from property owners. The Urban Renewal Authority is in the process of contracting to have a blight study done for the Kipling corridor. Planning Commission WZ-08-04/Design Concepts for City of Wheat Ridge 7 The Planning Commission shall also find that the evidence supports the finding of at least four of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; The Future Land Use map in the Comprehensive Plan, which was adopted in 2001, designates this property as Village Center. Desired character includes well designed, landscaped, and maintained planned developments offering goods and services to the surrounding neighborhoods. These developments should be located at major intersections in the city. Desired attributes include shopping goods and services, designed to provide a transition from streets with heavy traffic to residential neighborhoods with effective buffering. Access by pedestrian and cyclists is important and these areas should contain amenities including bike racks, benches, picnic tables, etc. Indentified desirable uses include small scale retail, professional offices and services, medical offices, gas stations and restaurants. The Parks and Recreation Master Plan was adopted by the Wheat Ridge City Council in 2007. This document is considered an addendum to the Comprehensive Plan and supersedes the Village Center designation on the 2001 Comp Plan future land use map. Staff concludes that this land use proposal is consistent with the recommendation in the Parks Plan that this property be developed into a park serving the neighborhood and community. Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; The subject property is surrounded to the north and east by R-l zoned single family homes. To the west is a hodge-podge of zonings and land uses including commercial retail, office, service, low density and high density residential. On the north side of38th Avenue is a convenience store with gas sales and low density residential. Staff concludes that the proposed park will have less of an impact on the surrounding area than if developed into a 130,000 square foot office complex. Staff concludes that this criterion has been met. c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; There will be obvious social, recreational and physical benefits from the park construction. There may also be economic benefits due to parks spending money at area businesses. Staff concludes that this criterion has been met. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; Planning Commission WZ-08-04/Design Concepts for City of Wheat Ridge 8 All agencies can serve the property with upgrades to infrastructure. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; Development of the park will result in an increase in traffic from existing conditions, but the increase will not substantially affect the levels of service on adjacent roadways. The existing adjacent streets will not be overburdened by traffic generated as indicated in the submitted traffic study. A preliminary drainage report has indicated that the drainage can be accommodated on site. There will be minimal reductions in light and air to the neighborhood. There will be much less overall impact to the adjacent neighborhoods than if the property were developed under the existing ODP plan. Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Staff has concluded that the proposed accessory public park structures are exempt from the commercial/industrial design standards in the Architectural and Site Design Manual. Staff concludes that this criterion has been met. VII. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Colorado Department of Transportation: CDOT has no objection to the site-generated traffic. Consolidated Mutual Water: Can serve the property with needed improvements. Wheat Ridge Police Department: Can serve. Wheat Ridge Fire: No response. Westridge Sanitation District: There is adequate capacity in the downstream sanitary sewer system for this construction. Future development may require upsizing of 300' of 8-inch diameter sanitary sewer pipe. Wheat Ridge Public Works: The Public Works Department has reviewed preliminary drainage and has found the report to be acceptable. A full drainage report will be reviewed at the time of submittal ofthe administrative FDP and plat. A traffic study was also reviewed. They have determined that 75' of right-of-way will be required to comply with the DRCOG long range transportation plan for the Planning Commission WZ-08-04/Design Concepts for City of Wheat Ridge 9 metro area. As such, a reservation ono' to 3S' is required. The sidewalk on Kipling must be 10' wide and located to the back of the reservation area. VIII. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed modification to the original zoning conditions must be processed as a zone change and that criteria used to evaluate a change of zoning conditions supports approval of the modified ODP. Because the proposal is consistent with the recommendations made in the Parks and Recreation Master Plan, a recommendation of approval is given for Case No. WZ-08-04 with conditions listed below. IX. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-08-04, a request for approval of a change in zoning conditions approved pursuant to Case No. WZ-82-IS and for an amended Outline Development Plan for property located at 3700 Kipling Street for the following reasons: 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ-82-IS. 2. A zone change process is required to modify zoning conditions. 3. The criteria used to evaluate a change in zoning conditions support the request. 4. The proposal is consistent with the recommendations made in the Parks and Recreation Master Plan. S. The Parks and Recreation Commission recommend approval ofthe Master Plan. I. I i With the following conditions incorporated into the plan set prior to City Council public hearing: 1. A note be added on page 1 that up to 36,000 square feet ofthe site may be used to support adjacent commercial development. 2. On Sheet 3, the "bulb" portion ofthe parking area be widened to provide a drop-off area. 3. On Sheet 3, designate locations where parallel parking will be allowed on W. 3Sth Avenue and Johnson Street. 4. A note be added on page S that the designs shown are conceptual and that the final structure designs will be determined at the time of Final Development Plan approval." Option B: "I move to recommend DENIAL of Case No. WZ-08-04, a request for approval of a change in zoning conditions approved pursuant to Case No. WZ-82-IS and for an amended Outline Development Plan for property located at 3700 Kipling Street for the following reasons: 1. 2. 3." Planning Commission WZ-08-04/Design Concepts for City of Wheat Ridge 10 Planning Commission WZ-08-04/Design Concepts for City of Wheat Ridge 11 303.664.5301 uhphon. 303.664.5313 [acfimih 211 N. Public Road Suite 200 Lafayette, CO 80026 concepts@dcla.net www.dcla.net DESIG~ ls ~m:::";~a~d 2.nlca:, A"h;"", June 13,2008 Cominunity Development City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 To Whom It May Concern: The intent of this submittal is to amend the approved ODP to allow for. new park c-onstruction. This preliminary plan has been approved by City Council, Planning Commission, the Parks and Recreation Department, and the public. The proposed ODP will serve as a community park. The park will contain a grass practice field, a small grass amphitheate" restroom, several picnic shelters, playground, skate park, parking lot, landscaping, and detention pond. The park will serv\l a wide range of residents, and will enhance the image of the City of Wheat Ridge. Please contact us with any questions. Sincerely, ' Erik Spri g Design Concepts EXHIBIT 1 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235.2846 Fax: 303/235.2857 The City of "Wheat Ridge ~ ~ ,'0 10 Q " ~ "OLORP.QO NEIGHBORHOOD MEETING NOTES Date: April 3,2008 City Staff Present: Meredith Reckert, Senior Planner Joyce Manwaring, Director of Parks and Recreation Location of meeting: Wheat Ridge Recreation Center 4005 Kipling Street Wheat Ridge, CO 80033 Property address: Southwest comer ofW. 38th Avenue/Johnson Street (aka 38th and Kipling Park) Property owners: City of Wheat Ridge Parks Department 4005 Kipling Street Wheat Ridge, CO 80033 303-231-1308 Property Owner(s) present? Yes Applicant representatives: Carol Hendry, Shanen Weber, Erik Spring Design Concepts 211 N. Public Road Suite 200 Lafayette, CO 80026 303-644-5301 Existing Zoning: PRD, Planned Residential Development Comprehensive Plan Designation: PRO (16 dwelling units/acre) Applicant's Proposal: The City of Wheat Ridge Parks and Recreation Department is initiating a master planning process for the property to develop it into a neighborhood park. The property has an approved Outline Development Plan for a commercial/office complex which was approved in 1983. As a park is not a permitted use in the recorded development plan, the underlying zoning document (ODP) must be modified to allow a public park as a permitted use. This is considered a change of conditions to the existing zoning. The following issues were discussed regarding the proposed amendment to the Westhaven Park Planned Commercial Development Outline Development Plan: EXHIBIT 4 . Can the property be used commercially now or at any time in the future? Because the property was purchased with open space funds, it cannot be used commercially. If the property would convert to a commercial non-park use, the City would have to reimburse Jefferson County for the purchase price. . Who would be the applicant for the zone change application? The City of Wheat Ridge Parks and Recreation Department. . Why not rezone the property to a "public" type of zone category such as PF, Public Facilities, to eliminate the possibility of a future commercial use? There were several different options for the zoning modification; however, it was decided that the planned commercial zoning with a specific aDP document was desirable for review by Planning Commission and City Council. It was unclear whether the PF zoning would get approved without an accompanying development plan for use of the property. The master plan design approved at the June 4 Neighborhood Plan Presentation Meeting will be the site plan component of the aDP document. . Why wasn't the property ever developed commercially? There were many inquiries regarding development of the property prior to purchase by the City in 2000. The most serious proposal was to allow an "upscale" mini-storage facility. As this was not a permitted use, a process akin to a zone change was required. A neighborhood was held with numerous neighbors attending. The developer did not pursue the project further due to the negative reaction Fom the neighborhood. 2 April 4, 2008 Mr. Erik Spring and the Design Concept Team Design Concepts 211 N. Public Road Suite 200 Lafayette, CO 80026 RE- 38th & Kipling Park Meeting (4-3-'08) I want to thank you, Shannon and Carol for how you conducted the first design meeting of our neighborhood park. You seemed to have an excellent grasp on the potential this property has for the kind of park the neighborhood would enjoy and all residents of the City of Wheat Ridge would be justifiably proud. Shannon did an excellent job at keeping the meeting as "civil" as possible. My "Comment Form" summary would be the same ideas I tried to verbalize last night. The neighborhood has been rightly concerned over many years that commercial interests would utilize the property to the detriment of the neighborhood. Even the 1980's zoning, described by Meredith Reckert last night, protected the neighborhood because of both height and percent of land to building use restrictions etc. In short, this zoning meant that only a "Denver West" type of business building designs would fit the limitations. Consequently, nobody bought the land from the Einersons with the restrictions intact. Although this happened before I moved to Colorado, the long-term neighborhood residents have described the united effort that was initiated to protect the neighborhood's interests. My two attached letters describe my concerns regarding a 1996 proposed purchase and a 2007 "scare" regarding property use. After the City of Wheat Ridge purchased the property with "Open Space" funds, the neighbors - many of whom were there last night - met in the middle of the field to brainstorm ideas about our future park. Ideas expressed at that time and which have stood the test of a decade of time include: I.> A west side berm, trees and barrier to Kipling to muffle the noise, increase park safety (kids chasing balls unto Kipling etc.), create a visual barrier to the AutoZone view, and create a safe and pleasant walking path between 35th and 38th Thus, many of us were very pleased with your initial presentation - including the removal of the power lines item. Kite lovers will rejoice. 2.> A central sheltered picnic area with bathrooms and a preschool age kids play options. Last night we didn't talk about this much I believe it was assumed to be central to any park concept. 3.> A treesfschrubs/flower beds designed into the large area to make to create a great park atmosphere for walking (with and without pets), with paths accessible for both strollers and wheel chairs, and - if at all possible - have connections to both Crown Hill and Clear Creek for riders on horseback and joggers. Last night there were many details presented that I'm happy to let the pros design and earn their pay. In many ways this field is an excellent "Artist's Canvas" that can result in a finished product that can exceed our EXHIBIT 5 fondest desires. You mentioned the 60 foot elevation drop would allow you to create some unique designs. I'm looking forward to your next presentation on this. 4.> The non-potable irrigation water available to the site also provides a unique opportunity to do something very special despite the drought potential. We were happy to hear that this asset was recognized and part of your initial plans. 5.> When sports amenities were discussed at the neighborhood meeting nobody was really for or against any of the potential options except that we felt that no priority should be given to duplicating facilities already available at the nearby schools, Wheat Ridge Recreation Center and other Wheat Ridge parks. Those of us who have been to the neighborhood meetings over the years and made our ideas known to Wheat Ridge City officials were taken back by the "Skate Board Park" emphaSIS presented by people from outside our immediate neighborhood - at least I've never seen them at any of the neighborhood functions or city meetings previously. I've seen a State-Of-The-Art (SOA) skateboard facility in Santa Barbara, CA recently and understand why enthusiasts would like that to be part of a new park purchased and maintained (including the liability insurance payments) by taxpayers. You must understand, however, that the neighborhood residents have been very patiently waiting for a park knowing and understanding the City's budget constraints, priorities, etc. We really don't want to lose our park to a skateboard (or another type of) facility at this time. My sense is that we should have nothing to worry about. However, we have seen strange things happen with political influence. Thus, a key question for both Design Concepts and City of Wheat Ridge planners Meridith Reckert, Joyce Manwaring, et a1. is this: Is it possible that "Skate Boarders Incorporated" could essentially stuff a "Your Comments" type of "ballot box" so that the basic long-term neighborhood interests will be subverted? If so, I'm sure the neighborhood residents will create petitions, etc. to prevent this from happening. Overall, your company's presentation and handling of the meeting last night convinced me that an excellent company has been selected by the City of Wheat Ridge to do the design work on our neighborhood park. f~f14 ~~ Dalmon M. Larson 9940 West 35'1' Avenue Wheat Ridge, CO 80033 Cc - Meridith Reckert & Joyce Manwaring many neighborhood residents April 25,2007 Mayor Jerry DiTullio City of Wheat Ridge Colorado 7500 W. 29th Ave. Wheat Ridge, CO 802115 Re: Potential Use Changes to the Wheat Ridge Park and Open Space, formerly known as th "E' " S h f 8th th e mersen propelly out 0 3 A venue and North of 35 A venue, between Kipling and Johnson. Dear Mayor DiTullio: As a Wheat Ridge resident and worker since 1990 I feel the need to once again put in writing some of the primary concerns nearby residents to the subject property have whenever potential commercial rezoning or property use changes for this property are considered that appear to ignore their interests. Frustrations have been verbally vented at neighborhood meetings, etc. over many years. Faced with the difficult task of "sorting out" the interests of the former property owners (Einersons), the proposed development plans of potential buyers, the concerns of neighbors, and the long-term best interests of the people of Wheat Ridge, a decision was made to purchase the property as a Wheat Ridge Park and Open Space area. At that time, this decision was enthusiastically applauded by nearby residents who had faced decades of uncertainty regarding various schemes to develop the property commercially. At the same time, however, we were told to be very patient because the Parks and Recreation Department of the City of Wheat Ridge had many ongoing commitments and that even the planning stage for the development of the park was years in the future. Thus, at that time nobody was available to listen to neighborhood ideas for park development that included: 1.> a berm and tree line along Kipling to reduce street noise, 2.> the use of the property's right to irrigation water from the SW comer of the property (inherited from the apple orchard days of the property), and 3.> many safety features for kids at play. We were assured, however, that because "Open Space" money was used for the purchase, the property could not be rezoned, sold, or "traded away" by future political decisions. Today, two young mothers with babies in strollers indicated to me that changes to the property use are being considered. They were rightly upset because, as recent home buyers, the park area was an important part of their home-buying decision. If any proposals are now being considered to either sell or trade the property it would be an outrageous humiliation to all of the neighbors - not just recent homebuyers. Prior to the current "park zoning status" the neighborhood was protected by rather tight commercial zoning criteria for the property. The Hendry development project people of the mid 1990's put political spin and half truths like "It's our storage unit complex or liquor stores, unsavory enterprises, etc." or anything to make their development option to appear comparatively attractive. However, the 1984 zoning change had rigid criteria in regard to height of buildings, percentages of property for building, parking lots, and landscaped grounds. In other words, any development conducted under the 1984 zoning criteria had excellent zoning protection for the neighborhood. See the attached letter (D. M. Larson to Ms. Meredith Reckert, Wheat Ridge Planning Department, September 5, 1996) for additional neighborhood concerns at that time. Today's concern is based on your Drainage, Infrastructure, Roads, and Trails task force meeting of February 28, 2007. An idea. attributed to Mr. Schulz to exchange our Park and Open Space for other park land - was suggested. This idea probably has no foundation in reality for you and others but it has alarmed our neighborhood greatly. Since the planning phase of the Park and Open Space should be starting anytime now, you could announce it. Planning for the development of the Gretchen Cherveny City Park of Wheat Ridge, Colorado will be initiated on.... It would focus our neighbors on the planning of our long awaited Park instead of potential negative alternatives. If I can be of help to you in this process please let me know. Sincerely, Dalmon M. Larson 9940 W 35th A venue Wheat Ridge, CO 80033 Cc- City Council Members - Neighborhood Residents Attachment September 5, 1996 Ms. Meredith Reckert Wheat Ridge Planning Department City of Wheat Ridge 7500 W 29th A venue Wheat Ridge, Colorado 80033 VIA FAX 235-2857 Dear Ms. Reckert: Subject. Follow-up comments on Neighborhood Meeting of May 23, 1996 for Hendry Investments, Inc. plans for construction of Lock-N-Key Self Storage facility at 35th and Kipling Mr. Jeff Bailey made a very professional and positive presentation on behalf of Hendry Investments, Inc. As probably all expected, the neighbors expressed many of their concerns in the form of questions and comments. NIMBY (Not In My Back Yard) reactions were both expected and expressed, We all heard a healthy skepticism about many facets of their plans, which are very tentative plans. Thus, concerns about the type of protection we would receive from the City of Wheat Ridge in any preplanning activities, in overseeing the construction, and in the long-term oversight of the facility and adjacent property once it is built still remain. Your answers to how the process works were excellent at the May 23rd meeting, I apologize for not being able to attend last night's meeting, The current zoning protects us (adjacent home owners) now and in the future from the type of business use we see elsewhere, i.e., near 100% blacktop and buildings with messy dumpsters in the business backyard, Why is it necessary to rezone the property? The combination of streetside landscape, inside lawn area for the resident family, potential landscaping between this business site and the next business site to the North could meet current requirements. Just how close do the current plans come to meeting the current zoning requirements? I don't object to the proposed use of the property, as I understand it, only the zoning change. The current zoning meant that when we bought our homes we could expect usage like the Denver West Office complex, the Lakewood library, and other similar uses in which landscape concerns were addressed. Thus, my primary problem is that changing the zoning forever changes the rules for the future and diminishes real estate values. It is really only a secondary concern that we, the neighborhood residents are at risk of not really knowing what will occur when Lock-N-Key Storage opens for business, But ten years from now, commercial land value could easily make it profitable for Hendry Investments, Inc. (or the facility may have its third owner) to simply bulldoze the walls and buildings and rebuild within the new zoning restrictions of that time which could greatly devalue the neighborhood. At that time the City of Wheat Ridge officials (the majority of which will not have first hand information) will look at the paperwork from the cUlTent time period and determine what is legal. In short, what was said at the May 23rd and September 4th, meetings or will be said at future meetings will matter not at aJ1. For these reasons I believe most of the neighbors want someone working for the City of Wheat Ridge to start giving us the real answers - in writing and for the record - to our real concerns. I admit naivete at this process but submit these questions at this time knowing the quality of the questions is limited. QUESTIONS FOR CITY OF WHEAT RIDGE OFFICIALS: . Why does the property need to be rezoned for this application? Long-term residents fought a zoning battle in the early 1980's. Since then, a major concern in all adjacent residential property transactions has been the intended property use. As a prospective buyer in 1990 I learned that any commercial use of the property had limits as to both the percentage of building area and the percentage of concrete/black top surface area and a minimum requirement for landscape areas. A height restriction on the buildings also exists. Thus, the zoning for the property influenced both the desirability of our property for a home and the price paid. We knew that any negative impacts on adjacent property values caused by the development of the property were limited by the current zoning. I raised this question at the May 23rd meeting without recei ving an answer. . Who is the person, if any, who will work to protect the interests of adjacent property owners at the City of Wheat Ridge in this matter at this time? What are the limits of the efforts we can expect from this person? Who is involved in the CUlTent planning activities, in addressing safety concerns during construction, and in addressing the long-term oversight of the facility once it is built? . Is there an alternative not yet presented which would allow the proposed use of the 35th & Kipling property by Hendry Investments, Inc. to proceed without the rezoning of the property? For example, could a wai ver be drawn on CUlTent zoning restrictions to change the zoning from an x % landscape restriction to a y % landscape restriction for this particular use? Quite frankly, I'm not opposed to the Lock-N-Key use of the property if the landscape issues are addressed - which I believe there should be a way to do. . Does rezoning impact the entire property or just the part being purchased by .Hendry Investments, Inc.? If the entire property is rezoned, how are the building limits changed for the other part of the property? It well could be that our real concem should be focused on this other property use. Any help in finding answers to these questions will be appreciated. Sincerely, Dalmon M. Larson 9940 West 35th A venue Wheat Ridge, Colorado cc- Mr Stuart Hendry FAX (210) 341-2369 - Adpcent home owners ~~~~:,ill May 16, 2008 Mayor Jelry DiTullio City of Wheat Ridge Colorado 7500 W. 29th Ave. Wheat Ridge, CO 802115 Re: Concept Options 38th & Kipling Wheat Ridge Park Dear Mayor DiTullio: Thank you for your long-standing support for the 38th & Kipling Wheat Ridge Park and your specific input given at Wednesday night's planning meeting for nearby Wheat Ridge residents. You, Meredith and Joyce, representing the City of Wheat Ridge, made the effort to meet with nearby residents and answer our questions concerning park design etc. late into the evening - probably at the end of a very busy day. This dedication is appreciated. Thus, I only reluctantly raise questions regarding the options for the new park design because I understand the very difficult job you and the City Council have in sorting through the problems facing our community. After last month's initial meeting I was very enthusiastic about the future design of the park (see attached letter to Concept Designs Team with copies to Meredith and Joyce- with apologies for not copying you at that time). The skateboard controversy that occun'ed was addressed but I greatly underestimated the proponent's ability to influence the City Council and others. At the April meeting very assertive individuals representing a sole business interest attempted to dominate the discussion to a pro-skateboard conclusion that nearby residents resisted. The skateboard proponents criticized the nearby Anderson Park skateboard facility as totally inadequate and that the City of Wheat Ridge needs an expensive State of the Art facility that doesn't exist anywhere else in Colorado. On Wednesday night, however, skateboard features were included in two of the three options presented to us for comments. It was also implied that unless the nearby residents didn't go along with the skateboard aspect to the park design it would be difficult to obtain funding approval from the City Council. My concerns are twofold. First, as I mentioned to you and others, the monetary outlay for a skateboard type facility has to be a substantial portion of the overall budget for the park which needs funding approval from the City Council. Couldn't this increased cost result in the approval being either delayed or defeated? Also, if the overall budget for the park is relatively fixed wouldn't the skateboard feature cause the elimination or diminishing of other critical park features? Compared to the initial presentation of ideas by the Design Concepts Team at the April meeting, the three options that were presented suggest that the diminishing process on park features has already occurred. My second concern is not monetary but much more esoteric and difficult to rationalize. As an undergrad student in 1960 I took only one course in Landscape Architecture. That course was enough to cause an appreciation for the Designer's/Artist's creative mindset in projects like our park design today. Thus, as I wrote in my April comments, I was looking forward to seeing the designs experts in this profession would develop to change our field into a great park, i.e., the field as an artist's canvas. I don't believe we really saw what excellent park designers could do with this empty field. In Ayn Rand's classic book, The Fountainhead, the conflict between individual architectural expression and the imposition of collective design is explored. Also, in the movie Amadeus "musical experts" wanted to modify Mozart's compositions. In St. Louis today we admire the Gateway Arch designed by Eero Saarinen's team that symbolizes a city, state and national region. In these examples excellence comes from a unity of design and purpose. During the April meeting some of the creative ideas presented by Carol, Shannon, and Erik gave me very high expectations that with a strong sense of purpose for the park (coming from the City of Wheat Ridge), they would return with excellent design options that you, the City Council, and most residents of Wheat Ridge - as well as Design Concepts - would be very proud to call their own. Although I liked many features in the three design options, the idea that there was duality in purpose that compromised the project was present. I noted that Design Concepts tried to minimize the problem by putting the skateboard options to the NW corner of the park. Did we really see the best designs your consultants have for a park or did we see options that a consulting business in park design has to offer when they understand what their paying customer probably wants - a skateboard facility in a park setting or park with an expensive skateboard facility? You indicated that City Council members strongly indicated that this park area needs to have facilities for the entire city not just the immediate neighborhood and I believe that most in the immediate neighborhood agree with this premise also. As point 5 in my April letter indicates we thought that "no priority should be given to duplicating facilities already available at the nearby schools, Wheat Ridge Recreation Center and other Wheat Ridge parks." In essence we believe that a park design as I attempted to outline in very general terms in points 1-4 of the April letter would have the type ofunique features/facilities for all Wheat Ridge residents. As with past projects the City of Wheat Ridge has done an excellent job completing, I fully expect the 38th & Kipling park to be a successful venture when it is completed. Maybe these comments will help. Sincerely, Dalmon M. Larson 9940 W 35th Avenue Wheat Ridge, CO 80033 Cc- Design Concepts Property history Property rezoned from C-l to peD by Case No. WZ-82-15 Referendum petition filed Vote of the citizens upheld zoning which became effective May of 1983 Purchased by city in 2000 with open space funds 3$H.l~NGPARKI'LAMIEllC<lllMEIlCW.DEIIEI.CII'IIEM ~~,;.~!?~~f~~~~,~~tir i' ~ii:ii.\ . \'.'i.,\;ii:;"I'''''':'.;~~1 ~ ;' *~~:"\ ';'\:" ..\: " :..\" :';'\",\("',,,\\;~::\,;;\\\\::,~_:,i:~.,~~*5' ~ I \,- \""\'l~:;;~T" ~~.E&~,';,i\."~4L~f-:'~~ __ __ ____ - ~~~! ~",JO~~ LAHDl:IUKVEYPlAT ~-, -- I!~ 1;"1,0. _ 1-'" 1 2 3 4 18Ih'"Jl!j~0'\. r"""",."". .<e:-;,~~~ ~~HI Parks Master Plan Process Parks and Rec Master Plan adopted by City Council in 2006 - identifies the site as neighborhood park with recommendations reo desimble park features Park design master plan process - three work sessions with neighborhood and community, study sessions with Planning Commission and City Council Design approved by Parks Commission in June of 2008 Due to change of zoning conditions. first work session also considered neighborhood meeting .....----+. ~~~-=._. !I":':;:-_- .::....--.-- -:;';;",,-=- ;.!;:~~~r~~".."" 1~~I~I~'I~~ ~_:iJ' ~~I ==-:....,,_=,=M:..C,...~.".:_:.~,:._.._...~.. I" I _ _~,~~_.M~ e;~;;~~~ "'''''''='''~= =___._.u_ =-.:';;.,::i<'_"'."'... ~Il- ,'" 1=. ~~ ~ l mn.~~ !~-=~~ -~ ~ji :L-J...- '" i~ ~Irn II WES11<AVEN PAliK : Wheat RIdge,CoIorado - -. 1- '-.-1 -." ~_~- 1iI~"'':'-'" ..,,-'~EXBlBIT3 5 ~'i: '-'-- .~. ;::::-:"'i _._~...w>_~.__._ =~~-;~~;-:~l i WESIlWEN PARK .... -. """"" 1__ 1__ 1 <-__ l;;::-=I~'i @i Silo',", ODP Comparison - Uses Current plan: business and professional offices (banks, medical), service establishments (beauty shops,jewclry repair), retail (liquor store, restaurants, grocery store) and churches Proposed plan: park, recreational, cultural and historical uses A note should be added allowing up to 36,000 s.r. of support uses for adjacent commercial developmcllt A= If - !!'Il- .. !!TH&KIP~~~~~~ "".~ '" ~.f"f:"": :a~~=.~"".":=="s:.====~ =-:-_~~ ~< ____ ::::;;:~="'~ ~-Xt.;I=:== ==""'---=. ~_~wl-~..J=-;. =j :=~:.:.::.-;: ~==~~-=-= ==~ I =1 ::::: :': =>,-",;;,;;;..-- .----- ';;;'__.;1._= :=.~.;: ;;;;;"'---!O""- = "",""""..--.--""..--- -- I ""'"----=--:.....: ^ =--"-~ :'1 -_=..!.-. :1 =~. --~::" =0 ::s;,. ..... F-"'''''''~ ~~"'''''''IE- :;.~ -- p--~ -, - - @l~.. ----F J ~ -1--- ""= -,.. -(0 k::~.....fE~_. ODP Comparison - Access, parking and circulation Current plan: T\vo access points to Kipling, one access to 38th Avenue with 301 parking spaces Proposed plan: One access point to Johnson with 42 parking spaces on-sile. Parallel parking on 35th and Johnson. Pedestrian connections at 351h, 361h and 37th. Loop path with 10' Wide path along Kip]ing. 6 ODP Comparison - Site Plan ODP Comparison - Landscaping Cun"ent plan: complex of six office buildings with up to ]29,000s.f. of floor area Proposed plan: Master plan which includes soccer practice field, restrooms, shad shelters, children's garden, various play areas, skate park, parking and detention. Ability to construct up 10 31,000 s.L of future building area. Current plan: 22% minimum coverage. Conceptual site plan shows 35%. Visual screening and buffering required along Johnson and 351h (fencing, benns, plant materials) Proposed plan: 69.27~(, landscaped coverage. Includes \valking paths, activity areas, fencing and plant materials. 3ml,,_PARK PI.AIllIEllC:Ollll!ll(:lALlIEVaDPMnn !'\..'.\~: ~\~"'1: ~. .~4~~,,~ if! Jim, ~,"r~ ODP Comparison - Architecture ~~~ ~!~-,-,~ ~- a-'..,"."".. . 'I'~ -..........-. ~ .".',:. -- I '~'':'" ., - . ........ _n 1.- '.~~ r= .n Current plan: Limited detail provided. Requires "residential appearance" for structures along 351h and Johnson. Structures must have east-west orientation Proposed plan: Restrooms and shade shelters less than 15' in height. Arch. materials include stcel columns, metal roofing, block walls. ;JSIJ/I,I not applicable for accessory structures. Future building would have to ll1eerASIJi\4. =-""..t .. j \:~Q. , . ARCKITECTURE ..~.. 1-.. Agency Refcnals Zone Changc Criteria Con Mutual Water: Can serve with needed improvements. Westridge Sanitation: Can scrve the property as proposed. Future building construction may require line upgrade in 38th Avcnue. COOT: No objection to sill>generated traffic. Public Works: Reviewed and approved preliminary drainag..: r..:port. Traffic study reviewed, Existing streets can accommodate park generated traffic. \Vill require a 30'-35' ol"reservatioll for Kipling. Sidewalk along Kipling must be 10' wide located to the back or reservation area. ('um;;nl zoning is PCD. Change ofc,)nditions requires zone change process. Consislcnl I,'ilh Parks and RecrC<l1ion Maslcr Plan rccomll1cndmion tor neighborhood and community p<11"k. Less impacl m) adjacent r!.'sidenlial n!.'ighhorhoods Ihan if dcvdop,'d unckrexisling plan. Socii]!. recreational and physical bendits. tv!ay be spin-orf eC<)Jlomicbcn<.'lils!<llhecilY. All agencies can serve lh!.' properly. Will resuh in incr<':<lseinlral"licbuladiacentslr!.'<.'lSC;1I1 handle. [)rainai!ecanbcaccommoc!a1ed.lvlinlmalreduCI]OnS illlii!hl and are~L - 7 \ \ \ \ \ \ \ \ \ \ \ \ \ i \ \ i \ \ \ \ \ ..~j.( ~ r City of ?WheatRl..,dge ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION ~ ~~.,,, ...... C!;.~~-~.~~ Do;" "'''1'':.'1 ~"^''"'~.c ! ~>;"';' ~ '''*' ~$""" ,:,-",".'.;',", '-=fi&i!aW."~ ,~ '::'0!,:~.'Y:',,:-' I ~ ~ . ;~m'~ 1Mf,'%;t*'>:ki' ~'i$~, e~~,."i~",:,~,ft II[ un COUNCIL MEETING DATE: August 25, 2008 TITLE: COUNCIL BILL 14-2008, - AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY OF WHEAT RIDGE AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING AMENDING THE WHEAT RIDGE HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date: 08/11/2008) ~ ORDINANCES FOR 2ND READING (Date: 08/25/2008) Quasi-Judicial: D Yes J)J[{~ Deputy City Manager / ~ No City~~~' EXECUTIVE SUMMARY: On March 24, 2008, City Council approved funding for a Public Infrastructure Funding Information Program to determine the feasibility and level of public support for bonding questions and charter changes on the November 2008 ballot for the following projects: 1. Neighborhood Flood Control Improvements 2. Reconstruction of 38th Avenue from Kipling Street to Youngfield Street 3. Streetscaping of38th Avenue from Harlan Street to Wadsworth Boulevard 4. Expansion ofthe Wheat Ridge Recreation Center 5. Height and Density Charter Change On August 4, 2008, after an extensive public information program, Council directed staffto draft an ordinance submitting a ballot question to the voters of the City concerning amending the Wheat Ridge Home Rule Charter to provide for limitations upon building height and residential density to be set forth by ordinance in the Wheat Ridge Zoning and Development Code. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: o It is not common for City's to have these types ofland use restrictions within the City Charter. o The current restrictions on height and density are much more restrictive than adjacent municipalities and make it challenging to attract redevelopment projects. o Elimination of building height and residential density limitations in the City Charter does not mean that the City no longer has density and height restrictions. The existing zoning code will still contain height and density restrictions consistent with the Charter. o If the City wishes to increase building height and density in a specific area at some time in the future, the two-step process of I) developing new zoning districts and 2) then approving zoning code map amendments provides ample opportunity for public involvement and input through Planning Commission and City Council public hearings. Those venues will allow public input in establishing ayywy>:ate heights and density. o Zoning based density and height limitations can be more context based and can provide additional buffering protections for adjacent land uses, when app'vp,:ate. ALTERNATIVES CONSIDERED: City Council could choose to delay or not proceed with putting this issue on the ballot. FINANCIAL IMPACT: 'I .,1'1 . The cost of the coordinated election with Jefferson County will be approxi~ately $13,000. RECOMMENDED MOTION: "I move to approve Council Bill No. 14-2008, An Ordinance Submitting a Ballot Question to the Voters of the City Concerning Amending the Wheat Ridge Home Rule Charter to Provide for Limitations Upon Building Height and Residential Density to be Set Forth by Ordinance in the Wheat Ridge Zoning and Development Code, on second reading, and that it take effect immediately upon adoption at second reading." Or, "I move to postpone indefmitely Council Bill No. 14-2008 for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager ATTACHMENTS: 1. Letter of Support from Wheat Ridge 2020 2. Council Bill No. 14-2008 WR2020 SUPPORTS ECONOMIC DEVELOPMENT STIMULUS BOND MEASURES AND CHARTER CHANGE QUESTIONS Dear Mayor DiTullio. and Members of Wheat Ridge City Council, WR2020 understands that at tonight's Study Session you will discuss ballot measures for consideration by the voters for the November 2008 election. These ballot questions relate to bond measures for economic development stimulus projects and potential Charter policy changes. The Bond Measures are for the following: . Flood control and drainage improvements. . Streetscape Improvements on 38th Avenue from Harlan to Wadsworth Blvd. . Expansion of the Recreation Center. . Street Reconstruction on 38th Avenue from Kipling to Youngfield. The Charter measure is for: . A City Charter change to take the height and density restrictions out of the Charter and have them placed and maintained in the appropriate section of the City Code of Laws and Zoning Codes. These measures are important to the success of the NRS and our community's iong term sustain ability. The Bond measures are supportive to community investment. Investments in infrastructure promote business development and attract homeowners by providing the needs for business growth and community resources to our businesses and citizens. Having the funding to invest in our community is critical to our community's sustainabilityand ability to attract vested stakeholder families. Please vote to put all the bond measures on the November ballot to enable investment in our community. Removing height and density restrictions from the Charter has a direct Impact on implementing the goals of the Neighborhood Revitalization Strategy (NRS) by allowing the City Council and our citizens to openly determine how to foster redevelopment in our community. Removing height and density restrictions from the Charter gives City Council and the voters an opportunity to determine the appropriate limitations through approval of changes in the Zoning Code. Placing the restrictions in the City Zoning Code and removing them from the City Charter allows Council and the Citizens to make potential policy changes that will enhance redevelopment opportunities within the City, and meet the goals set in the NRS. WR2020 supports removal of the height and density limitations from the. Charter for the following reasons: . The practice of having height and density limits in a City Charter is rare in municipal governance nationally. Aimost all communities use zoning codes for this type of regulation. . The current Wheat Ridge Charter limitations of height and density are much more restrictive than neighboring communities. . Removing the restrictions from the Charter and maintaining them in our Zoning Code has the same legal effect in safeguarding the community from unrestricted development iimitations with respect to height and density. . Placing height and density restrictions in the Zoning Code allows for public participation if any changes are proposed. WR2020 sincerely appreciates the consideration of the Mayor and City Council to support the economic development package and having It placed on the ballot so that we can attract investment to our community, execute our economic development plan, and add to the vibrancy and sustainability of our community. Please place the entire package on the ballot for the citizens to consider this November. Sincerely, Robert J. Osborn, Esq. ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 14-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING AMENDING THE WHEAT RIDGE HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE WHEREAS, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has the authority to refer ballot questions to the electorate; and WHEREAS, the Council wishes to refer a ballot question amending the City Charter to provide for limitations upon building height and residential density to be as set forth in the City Zoning and Development Code; and WHEREAS, the Council wishes to set the title for the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot auestion referred. The following ballot question is hereby referred to the electorate of the City at the November 4, 2008 election: SHALL THE CITY OF WHEAT RIDGE AMEND ITS HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE? Yes: No: Full Text of Amendment Amend Section 5.10.1 of the Charter as follows: Sec. 5.10.1 Building height and density limitations. LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY SHALL BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE. A I I ACHMENT 2 (al ,Ie"':: :;:"":;'': ;":: ~ ' :::' ~ ,,; , " ~ ~nn: ~ ,:; ,~' - ' " ~uCD ~tn.'cturee. ;s~~::s (al~ " ::"'~-- ~..' ' ,~;~~~:~.:i~~~~ 2 to the mean height level between eaves aAd riElge for a gable, hip, gamerel or other roof. (2) ReSic:JORtia/: Intended for human oooupaney, inoluding homes for the aged am! rlJrsir.g hames, but eXGluding ho(!;::i~d.s, ::nd motels and hotels far trar.:::mt oooupaney. (3) F-ami!y unit: One (1) Q: mom perGsrt.:: r~lated by blood, marriags, :r adoption, or 1'10 mars tha:1 t~;ae (3) Iolnr-elatcd persons living together ::: g s:. housekeeping Iolril.. Hit.:: :iefiniticr. is intended t:: I::s Ioltilized and applied only :k a stadard for Gomf)utin~ rr.a-::imum E/::l':sity ir. naw, mlolltiunit oonstruetioA; it shall not, uAless reenac-tcd a: a ;:ortion of the Wheat Ridge Code af b.::w:, l>a ;,;tilized for any purpose exoept density oS~J3~::ltioAs undor tRis Ch3~ar s::3tiG~. If :: :i:1~ housekeoping uAit is designed for the use of mor-e than three (3) unrelated porso~s, Sll:m :::, I;;,;t r.3t!:;n;rec ~::, t~s handioapped or elderly, ea::~ tr.rge-(3) f:::rsa:1: i-r. any suoh ur.i!: ::~.cll ::onstitute one (1) family unit. (d) NoneoRformfRg strueture::, T~:t: amsr.drr.:Jnt apf)lies only to new oonstrlloti::~; 3:.Jildings and oth::~ :tr:.Jcturcs legally ir. ;:'X::Jt3R:: :K t~,} time of passage of this amendme~t :~.cll not beoorr.a ~ar.c'Jnforming bS3::.:.13S o~ the adol'ltion of these new density (lAd heig~t ~=~it&.- (e) t(aFianoo3. Th: boara of adjustmen~ sr.a!l h8'.'e the power to intorpr:t ~erm:: ::nd definitio~: i~ tr.i: aCl'!:FI€im::-I., a~E/ b allow a \':<~:<:r.::: t: :>;8*imu:11 h~ight, not to cxs::xf tsn (10) poroer!., :;;:oo-a fifIeIiRg tb..::lt :"lot !jranting t~: mri(lnoe would oause an extr-eme har-dship. Tha city oounoil al':a atr.:::r eoards :r.cy :13>t ,]mnt \'ariar.ses-fr:)tF. t~ase standards, but nothing iA this amendment shall ee oonstrued to limit the council frc~ i:r,posin!j m:ra stri-:1gent he;yht :::1G-El:~:it}' ~ar.jar-ds iA any zoniA€! distric-t. Section 2. Ballot Title Set. The ballot title for the election is hereby set as follows: Ballot Title: AMENDING THE WHEAT RIDGE HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE. Section 3. Challenaes to ballot title and content. For purposes of C.RS. 9 1- 11-203.5 and 9 31-10-1308(2), this Ordinance shall serve to set the title and content of 3 the ballot issue set forth herein. Any petition to contest the form or content of the ballot title must be filed with the Jefferson County District Court and a copy served on the City Clerk within five days after the title of the ballot issue is set by the City Council upon final adoption of this Ordinance on second reading. Section 4. 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 5. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7-0 on this 11th day of August, 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 August 25, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it take effect immediately upon adoption at second reading. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 25th day of August, 2008. SIGNED by the Mayor on this day of ,2008. Jerry DiTullio, Mayor 4 ATTEST: Michael Snow, City Clerk First Publication: August 14, 2008 Second Publication: Wheat Ridge Transcript Effective Date: Approved As To Form Gerald E. Dahl, City Attorney 5 ~.. j ~ - _ ~ City of . pWlieatRLdge ITEM NO: a REQUEST FOR CITY COUNCIL ACTION ,~4~ \~~ lllJ.fE~~~\~ · .. ffirCIM ~ .,;~:-#l>. ~ ~_-... v. "",,,. .-/1. ~":"'.!""'"-''' ,,:..:,;;;:~/:,::::.;, COUNCIL MEETING DATE: August 25, 200S TITLE: COUNCIL BILL 15-2008 - AN ORDINANCE SUBMITTING A BALLOT ISSUE TO THE VOTERS OF THE CITY OF WHEAT RIDGE AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING A TEMPORARY SALES AND USE TAX RATE INCREASE FOR THE PURPOSE OF ISSUING REVENUE BONDS FOR THE RECONSTRUCTION AND STREETSCAPING OF PORTIONS OF WEST 38TH AVENUE o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: OS/11/200S) [;g] ORDINANCES FOR 2ND READING (Date: OS/25/200S) Quasi-Judicial: o Yes [;g] No IJ~!0r(" Deputy City Manager . City~~r-cs- EXECUTIVE SUMMARY: On March 24, 200S, City Council approved funding for a Public Infrastructure Funding Information Program to determine the feasibility and level of public support for bonding questions and charter changes on the November 200S ballot for the following projects: 1. Neighborhood Flood Control Improvements 2. Reconstruction of3Sth Avenue from Kipling Street to Youngfield Street 3. Streetscaping of3Sth Avenue from Harlan Street to Wadsworth Boulevard 4. Expansion of the Wheat Ridge Recreation Center 5. Height and Density Charter Change On August 4,2008, after an extensive public information program, Council directed staff to draft an ordinance submitting a ballot question to the voters of the City to issue revenue bonds in the maximum amount of$33,435,000 with a repayment cost of up to $72,015,000 and increasing taxes up to $3,925,000 annually for the purpose of financing the reconstruction of38th Avenue from Kipling Street to Y oungfield Street and streetscaping of 38th A venue from Harlan Street to Wadsworth Boulevard. A temporary increase in the City's sales and use tax rate of 0.6% or six- tenths of one cent will be required as revenue to repay the bonds. COMMISSION/BOARD RECOMMENDATION: The Mayor commissioned the Drainage, Infrastructure, Roads and Trails (D.I.R.T.) Task Force in January 2007, which was charged with providing an independent prioritization of the City's unfunded infrastructure projects. After a four-month analysis process, the Task Force presented their top ten priority recommendation to City Council. The 38th Avenue reconstruction and streetscaping and the recreation center expansion were among the Task Force's top five priority recommendations. The neighborhood flood control and storm drainage improvements had already been identified as a priority by City Council. STATEMENT OF THE ISSUES: A public information program was implemented to educate residents and to obtain citizen input about the proposed bonding projects and charter change. The following public outreach activities have taken place or are scheduled for the near-term: . A Key Influencer Letter was distributed to over 300 local residents and business owners in April. The letter signed by the Mayor and City Council included backup materials related to the findings of the D.I.RT. Task Force and project information and maps related to the proposed infrastructure projects. . A Community Improvements Planning Update brochure was mailed to all likely voters (9,577 households) in the community during the second week of May. The brochure contained information aboht thel'proposed projects and provided voters witl1 information On how to provide their inpu~. . ' \ . A second Community Improvements Planning Update brochure was mailed to all likely voters (9,577 households) in the community during the third week of May. The brochure again included information about the proposed projects and in addition, information concerning the proposed charter change in reference to height and density. . On June 5th, a Recreation Center Expansion Open House was held to provide residents the opportunity to view proposed expansion plans for the Wheat Ridge Recreation Center and to ask questions of and provide input to staff and the architects of Barker Rinker Seacat Architecture. . A Public Opinion Survey was mailed to 9,577 households in Wheat Ridge at the end of May. The survey asked questions of residents concerning their understanding of and level of support for the four proposed infrastructure projects and the proposed charter change related to height and density. 1,755 surveys were completed and returned. . A Phone Poll was conducted between July 13th and July 15th - 404 residents were contacted by phone to determine their level of support for the proposed infrastructure projects and charter change. . Open Houses will be held in August and/or September (Town Hall Open House) to provide residents with information about the ballot questions. ALTERNATIVES CONSIDERED: City Council could choose to delay or not proceed with putting this issue on the ballot. FINANCIAL IMPACT: The cost ofthe coordinated election with Jefferson County will be approximately $13,000. RECOMMENDED MOTION: "I move to approve Council Bill No. 15-200S. An Ordinance Submitting a Ballot Question to the Voters of the City Of Wheat Ridge at the November 4, 200S Special Election, Concerning a Temporary Sales and Use Tax Rate Increase for the Purpose of Issuing Revenue Bonds for the Reconstruction and Streetscaping of Portions of West 3 Sth Avenue on second reading, and that it take effect immediately upon adoption at second reading." Or, "I move to postpone indefinitely Council Bill No. 15-200S for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager ATTACHMENTS: I. Council Bill No. 15-200S CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 15-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE SUBMITTING A BALLOT ISSUE TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING THE AUTHORIZATION OF A TEMPORARY SALES AND USE TAX RATE INCREASE AND REVENUE BONDS TO FINANCE THE RECONSTRUCTION AND STREETSCAPING OF PORTIONS OF WEST 38TH AVENUE WHEREAS, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot issues to the electorate; and WHEREAS, the Council wishes to refer a ballot issue concerning temporarily increasing the City of Wheat Ridge sales and use tax to be used solely to pay revenue bonds issued for the purpose of financing various street capital improvements; and WHEREAS, the Council wishes to set the title for the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot issue referred. The following ballot issue is hereby referred to the electorate of the City at the November 4, 2008 election: SHALL THE CITY OF WHEAT RIDGE TAXES BE INCREASED $3,925,000 (FIRST FULL FISCAL YEAR DOLLAR INCREASE) ANNUALLY AND SHALL THE CITY OF WHEAT RIDGE DEBT BE INCREASED BY AN AMOUNT NOT TO EXCEED $33,435,000, WITH A MAXIMUM REPAYMENT COST OF $72,015,000; WHICH TAXES SHALL CONSIST OF THE REVENUES GENERATED FROM A TEMPORARY RATE INCREASE OF 0.6% IN THE CITY SALES AND USE TAX (REPRESENTING A SIX-TENTHS OF ONE CENT INCREASE ON EACH DOLLAR SUBJECT TO THE TAX) AND SHALL BE USED SOLELY TO PAY REVENUE BONDS ISSUED FOR THE PURPOSE OF FINANCING OR REFINANCING . THE RECONSTRUCTION OF 38TH AVENUE FROM KIPLING STREET TO YOUNGFIELD STREET (TO INCLUDE BUT NOT LIMITED TO TURN LANES, SIDEWALKS, STORMWATER DRAINAGE, STREET LIGHTING, PEDESTRIAN TRAILS, A I TACHMENT 1 STREETSCAPE AND UNDERGROUNDED UTILITIES) AND THE STREETSCAPING OF 38TH AVENUE FROM HARLAN STREET TO WADSWORTH BOULEVARD (TO INCLUDE BUT NOT LIMITED TO DETACHED SIDEWALKS, IRRIGATED TREE LAWNS, PEDESTRIAN LIGHTS AND STREET FURNITURE) SUCH BONDS TO BE DATED AND SOLD AT SUCH TIME, AND AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; SUCH TAX RATE INCREASE TO COMMENCE JANUARY 1, 2009 AND TERMINATE ON THE 1ST DAY OF THE MONTH IMMEDIATELY FOLLOWING THE DATE ON WHICH THE DEBT APPROVED HEREBY IS PAID IN FULL; AND SHALL THE TAX REVENUES FROM THE TAX INCREASE AND ALL EARNINGS ON SUCH REVENUES AND THE PROCEEDS OF THE BONDS (REGARDLESS OF THE AMOUNT) CONSTITUTE A VOTER APPROVED REVENUE CHANGE, AND AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Yes: No: Section 2. Ballot Title Set. The ballot title for the election is hereby set as follows: the text of the ballot issue referred in Section 1 of this Ordinance. Section 3. Challenaes to ballot title and content. For purposes of C.R.S. 9 1- 11-203.5 and 9 31-10-1308(2), this Ordinance shall serve to set the title and content of the ballot issue set forth herein. Any petition to contest the form or content of the ballot title must be filed with the Jefferson County District Court and a copy served on the City Clerk within five days after the title of the ballot issue is set by the City Council upon final adoption of this Ordinance on second reading. Section 4. 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 5. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter. 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7-0 on this 11 th day of August, 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 August 25, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it take effect immediately upon adoption at second reading. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 25th day of August, 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: August 14, 2008 Second Publication: Wheat Ridge Transcript Effective Date: 3 ~\j... ~ wfi~~tRLdge ITEM NO: 4-, REQUEST FOR CITY COUNCIL ACTION b ~,.., dffj;m"'.~ .....,'.'1 ... ~~'..... .. ........, r'............M:,..~.,........... ," ., ..~ ~ ...... ,::.,."",::,.:,,, ......__ A .. ,,',' ... ~ ' ,.,'M..'.""" ""Tel"'",,! ~??, .0[1 . dl 0<>, ~ ___ k :'ii' ~1....II:rI..I.....ttllll:c.l. ~';':/f ~~~ -=?:~:il ~ _-=-il COUNCIL MEETING DATE: August 25, 2008 TITLE: COUNCIL BILL 16-2008 - AN ORDINANCE SUBMITTING A BALLOT ISSUE TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING THE AUTHORIZATION OF GENERAL OBLIGATION BONDS TO FINANCE NEIGHBORHOOD FLOOD CONTROL AND STORM DRAINAGE IMPROVEMENTS o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date: 08/11/2008) C8J ORDINANCES FOR 2ND READING (Date: 08/25/2008) Quasi-Judicial: o Yes C8J No -D~()l Deputy City Manager . r q<..UnuV\u/ City M~r If EXECUTIVE SUMMARY: On March 24, 2008, City Council approved funding for a Public Infrastructure Funding Information Program to determine the feasibility and level of public support for bonding questions and charter changes on the November 2008 ballot for the following projects: 1. Neighborhood Flood Control Improvements 2. Reconstruction of 38th Avenue from Kipling Street to Y oungfield Street 3. Streetscaping of 38th Avenue from Harlan Street to Wadsworth Boulevard 4. Expansion of the Wheat Ridge Recreation Center 5. Height and Density Charter Change On August 4, 2008, after an extensive public information program, Council directed staff to draft an ordinance submitting a ballot question to the voters of the City to issue general obligation bonds in the maximum amount of $9,255,000 with a repayment cost of up to $19,000,000 and increasing taxes up to $760,000 annually for the purpose of financing neighborhood flood control and storm drainage improvements. A temporary increase in the City's property tax mill levy of approximately 1.5 mills will be required as revenue to repay the bonds. The estimated tax impact to Wheat Ridge property owners from this mill levy increase will be approximately $30 per year for a home valued at $250,000. COMMISSION/BOARD RECOMMENDATION: The Mayor commissioned the Drainage, Infrastructure, Roads and Trails (D.I.R.T.) Task Force in January 2007, which was charged with providing an independent prioritization of the City's unfunded infrastructure projects. After a four-month analysis process, the Task Force presented their top ten priority recommendation to City Council. The 38th A venue reconstruction and streetscaping and the recreation center expansion were among the Task Force's top five priority recommendations. The neighborhood flood control and storm drainage improvements had already been identified as a priority by City Council. STATEMENT OF THE ISSUES: A public information program was implemented to educate residents and to obtain citizen input about the proposed bonding projects and charter change. The following public outreach activities have taken place or are scheduled for the near-term: . A Key Influencer Letter was distributed to over 300 local residents and business owners in April. The letter signed by the Mayor and City Council included backup materials related to the findings ofthe D.I.RT. Task Force and project information and maps related to the proposed infrastructure projects. . A Community Improvem~nts Planning Update brochure was maiIedto all likely voters . ii' . ' (9,577 households) irrthe corn1manity during the second week of May. The brochure. contained information about;the proposed projects and provided voters with information on how to provide their input. . A second Community Improvements Planning Update brochure was mailed to all likely voters (9,577 households) in the community during the third week of May. The brochure again included information about the proposed projects and in addition, information concerning the proposed charter change in reference to height and density. . On June 5th, a Recreation Center Expansion Open House was held to provide residents the opportunity to view proposed expansion plans for the Wheat Ridge Recreation Center and to ask questions of and provide input to staff and the architects of Barker Rinker Seacat Architecture. . A Public Opinion Survey was mailed to 9,577 households in Wheat Ridge at the end of May. The survey asked questions of residents concerning their understanding of and level of support for the four proposed infrastructure projects and the proposed charter change related to height and density. 1,755 surveys were completed and returned. . A Phone Poll was conducted between July 13th and July 15th - 404 residents were contacted by phone to determine their level of support for the proposed infrastructure projects and charter change. . Open Houses will be held in August and/or September (Town Hall Open House) to provide residents with information about the ballot questions. ALTERNATIVES CONSIDERED: City Council could choose to delay or not proceed with putting this issue on the ballot. FINANCIAL IMPACT: The cost of the coordinated election with Jefferson County will be app>vAimately $13,000. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2008. An Ordinance Submitting a Ballot Issue to the Voters of the City Concerning the Authorization of General Obligation Bonds to Finance Neighborhood Flood Control and Storm Drainage Improvements, on second reading, and that it take effect immediately upon adoption at second reading." or, "I move to postpone indefinitely Council Bill No. 16-2008 for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments: I. Council Bill No. 16-2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 16-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE SUBMITTING A BALLOT ISSUE TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING THE AUTHORIZATION OF GENERAL OBLIGATION BONDS TO FINANCE NEIGHBORHOOD FLOOD CONTROL AND STORM DRAINAGE IMPROVEMENTS WHEREAS, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has the authority to refer ballot issues to the electorate; and WHEREAS, the Council wishes to refer a ballot issue concerning the issuance of general obligation bonds for the purpose of financing certain drainage and flood control improvements; and WHEREAS, the Council wishes to set the title for the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot issue referred. The following ballot issue is hereby referred to the electorate of the City at the November 4, 2008 election: SHALL THE CITY OF WHEAT RIDGE DEBT BE INCREASED $9,255,000, WITH A REPAYMENT COST OF UP TO $19,000,000 AND SHALL CITY TAXES BE INCREASED UP TO $760,000 ANNUALLY FOR PURPOSE OF FINANCING . NEIGHBORHOOD FLOOD CONTROL AND STORM DRAINAGE IMPROVEMENTS BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS, WHICH BONDS SHALL MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; SHALL AD VALOREM PROPERTY TAXES BE LEVIED IN ANY YEAR, WITHOUT LIMITATION AS TO RATE AND IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF, A I TACHMENT 1 PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS; AND SHALL ANY EARNINGS FROM THE INVESTMENT OF THE PROCEEDS OF SUCH TAXES AND BONDS (REGARDLESS OF THE AMOUNT) CONSTITUTE A VOTER APPROVED REVENUE CHANGE, AND AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Yes: No: Section 2. Ballot Title Set. The ballot title for the election is hereby set as follows: the text of the ballot issue referred in Section 1 of this Ordinance. Section 3. Challenaes to ballot title and content. For purposes of C.R.S. 9 1- 11-203.5 and 9 31-10-1308(2), this Ordinance shall serve to set the title and content of the ballot issue set forth herein. Any petition to contest the form or content of the ballot title must be filed with the Jefferson County District Court and a copy served on the City Clerk within five days after the title of the ballot issue is set by the City Council upon final adoption of this Ordinance on second reading. Section 4. 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 5. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 1 on this 11th day of August, 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 August 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 August, 2008. 2 SIGNED by the Mayor on this ATTEST: Michael Snow, City Clerk First Publication: August 14, 2008 Second Publication: Wheat Ridge Transcript Effective Date: day of Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 3 ,2008. ".. ~', City of pWheatRL..dge ITEM NO: 5"". REQUEST FOR CITY COUNCIL ACTION ~~c COUNCIL MEETING DATE: August 25, 2008 TITLE: RESOLUTION NO. 45-2008 - A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2008 D PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING Quasi-judicial: D YES ~.-~ t:8l NO City Clerk City ~ CM....:)~ EXECUTIVE SUMMARY: The City Charter calls for a Municipal Election in every odd-year to coincide with the elected terms for the Offices of the Mayor, Clerk, Treasurer and Council. Municipal Elections are not held in the City of Wheat Ridge in even-numbered years unless a Special Election is warranted for a Recall, Referendum or Initiative set forth by the electorate or the Council. In such cases, Charter Section 2.2. gives the Council the authority to call such Special Election. Whereas, the City Council has referred several ballot questions to the electorate of the City of Wheat Ridge at the time of the November 4, 2008 General Election, the City of Wheat Ridge is required to formally call a Special Municipal Election on this date. Pursuant to Charter Section 16.8, when there is a proposed amendment to the City Charter, the Council must also publish notice and call of the election, which will be accomplished by the publication of this Resolution. COMMISSION/BOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: The City is required to call a Special Election if one is warranted in the even-years or at a time during any year other than the normal November election date. The Charter requires a Special Municipal Election to be called and published no less than 60 days before the Election Day, which lands on Friday, September 5, 2008. The August 25th, 2008 Regular City Council Meeting is the last scheduled convening of the Council before this date. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: The City has resolved to conduct this election as a Coordinated Election with the County of Jefferson. In the IGA with the Jefferson County Clerk & Recorder, the City agreed to pay the relative additional costs determined and billed by the County to conduct the coordinated election for the City of Wheat Ridge. The Office of the City Clerk estimates the cost of this year's November coordinated election with Jefferson County to be approximately $13,500, including the additional cost of conducting a Special Election with the above mentioned Tabor questions. The City Clerk's 2008 Budget for this is currently $13,500. Once the Clerk receives the invoice from the County late in the year an additional budget appropriation may be required if the costs of the election are greater than anticipated. RECOMMENDED MOTION: "I move to approve Resolution No. 45-2008. a Res'olution Giving Notice of and Calling for a Special Municipal Election to be held November 4, 2008." Or, "I move to deny the approval of Resolution No. 45-2008. for the following reason(s): " Report Prepared by: Michael Snow, City Clerk Report Verified by: Patrick Goff, Deputy City Manager ATTACHMENTS: I. Resolution No. 45-2008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 45-2008 TITLE: A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2008 WHEREAS, the Home Rule Charter for the City of Wheat Ridge, Section 2.2 requires that a special election shall be called by resolution or ordinance of the City Council not less than 60 days in advance of such special election; and WHEREAS, Section 16.8 of the Charter further provides that when there are proposed changes to the City Charter, the Council must publish notice of and call an election thereon; and WHEREAS, the City Council desires to give notice of and call a special election to be held on the same date as the general election: November 4, 2008. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: Section 1. Soecial election called. Pursuant to the Wheat Ridge Home Rule Charter Sections 2.2 and 16.8, the Council hereby gives notice of and calls for a Special Municipal Election to be held November 4, 2008 for the purpose of referring the Ballot Issues set forth in Section 2 hereof to the voters of the City in the manner set forth below: . Date: November 4, 2008 . Polls Open: 7:00 a.m. to 7:00 p.m. . Qualifications of persons entitled to vote: 18 years of age, registered to vote, resident of the City for at least thirty (30) days prior to the election. . Polling places: Section 2. Ballot issues to be referred. The purpose of the election is to refer the Ballot Issues set forth below to the registered electors: 1 ATTACHMENT 1 Ballot Issue 1. SHALL THE CITY OF WHEAT RIDGE AMEND ITS HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE? Full Text of Amendment: Amend Section 5.10.1 of the Charter as follows: Sec. 5.10.1 Building height and density limitations. LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY SHALL BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE. (a) Heig,'1t limitat-ior;;;. Tl:iHlit:;- ~bU ;;'3t, 1;:i ':'i'::i;..:..-.~~, ~~'vlation, motion, permit, or other ac:;;;;;., ;;~ -;:;;:;:;;;.;;;; except as prO'/ide:l in _L_"'",den-~ E), cl13w the construct;.:.;-. .:.~ buildings or oiliEr s:r.:z:-.:r;;s ',ymch eJ[ceed the fo~~;;-.-.:.;;.g rn"",iL_u h:i6flts+- (1) Tbir:y the (35) feet for the f;;~l;;-.-.~\U ~;;~;3eftt:a!, Flamed residenti;.i ...'.':: agricw:-..;;:;;! .:EstFiet:, ;z:bding any created aft~r p"",,15e-ef it;: ;;.-:;;;;;.jment; residential BuilElings 'I,he::. L:J: in naRresidential districts; the haspital one ElistFiet; lli".:i :he restricted ~o=~-eial ane district. (2) Fifty (50) feet far the fallaw'.ng: fJiY other CVUHU~';;;;;!, ;-;1:;;:.neEl ~':',[i.;n~I,,;;.I, ;i..:l"o1::;x ::.~ ;-;br.ned ina::;f.;:;;;! :[::fiet:; 2:;; ;-;zE;; buildings and facilities diGtrict; ;;;;;:-H-:;;;~;;;;;! .::OO-ef:;;;;; 3:da;;-~on,iruilte:i h-l1:e haspital t'NB district; and any nanr-eGidcntial district created aftc: ;-;i.~~i.~ :[-':3 u'1enElment. f2) Sin':'; fiy: ~65) feet, But;;;.;;.z E-;eRt more thail six (6) steries aBove grade, for new haspiU: ;;;. :he hespital t'1lo ..{;,ui€t,on "mini.u_.': lz:-area of fifty (50) acre:; hz\-;;;-;;;r, dElitions attaclied ta e-Jdsting hospi:;;!: ;;;. :his district may Be Built tz <; !:E;6ht not to eJ[ceed the height of tl:;; ;;l,;3:ffig Building. The height limitations established ~t.:JI ;'.':;: <Iflp!y ta thE fz!!z'l.ing: Church steeples, silas, decoffitive Jom~J and Cllfloks nz:-useEl-f;;~ 1:::.-:;:;;;. 3OC_y_._Y or any cL~<=<.~~-3icl, 3::3ifle&., or inJu,~rialuse, nor to '/lindr.:;!!:, d:'-:meys, yentilators, tFanc...:__:vu :owers, solar heatin;; :;;;.:i ;;ooling devices, 'Ilater teW€~~, ;:;-.t.::nnas, or necessary mechanical appurtenan~"," ._____...illy carried allOye the raa!lin~, 3u'. :he city cOIlflZi! ;Z<;:;-, kj' ;;~:i;;;.:;;;.;;;;, estzE:1: I:-eight limitatiaRs for these structureG. 2 ,~ ~r..,: ~ ~ 3 Ballot Issue 2. SHALL THE CITY OF WHEAT RIDGE TAXES BE INCREASED $3,925,000 (FIRST FULL FISCAL YEAR DOLLAR INCREASE) ANNUALLY AND SHALL THE CITY OF WHEAT RIDGE DEBT BE INCREASE BY AN AMOUNT NOT TO EXCEED $33,435,000, WITH A MAXIMUM REPAYMENT COST OF $72,015,000; WHICH TAXES SHALL CONSIST OF THE REVENUES GENERATED FROM A TEMPORARY RATE INCREASE OF 0.6% IN THE CITY SALES AND USE TAX (REPRESENTING A SIX-TENTHS OF ONE CENT INCREASE ON EACH DOLLAR SUBJECT TO THE TAX) AND SHALL BE USED SOLELY TO PAY REVENUE BONDS ISSUED FOR THE PURPOSE OF FINANCING OR REFINANCING: . THE RECONSTRUCTION OF 38TH AVENUE FROM KIPLING STREET TO YOUNGFIELD STREET (TO INCLUDE BUT NOT LIMITED TO TURN LANES, SIDEWALKS, STORMWATER DRAINAGE, STREET LIGHTING, PEDESTRIAN TRAILS, STREETS CAPE AND UNDERGROUNDED UTILITIES) AND THE STREETSCAPING OF 38TH AVENUE FROM HARLAN STREET TO WADSWORTH BOULEVARD (TO INCLUDE BUT NOT LIMITED TO DETACHED SIDEWALKS, IRRIGATED TREE LAWNS, PEDESTRIAN LIGHTS AND STREET FURNITURE) SUCH BONDS TO BE DATED AND SOLD AT SUCH TIME, AND AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; SUCH TAX RATE INCREASE TO COMMENCE JANUARY 1,2009 AND TERMINATE ON THE 1ST DAY OF THE MONTH IMMEDIATELY FOLLOWING THE DATE ON WHICH THE DEBT APPROVED HEREBY IS PAID IN FULL; AND SHALL THE TAX REVENUES FROM THE TAX INCREASE AND ALL EARNINGS ON SUCH REVENUES AND THE PROCEEDS OF THE BONDS (REGARDLESS OF THE AMOUNT) CONSTITUTE A VOTER APPROVED REVENUE CHANGE, AND AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Ballot Issue 3. SHALL THE CITY OF WHEAT RIDGE DEBT BE INCREASED $9,255,000, WITH A REPAYMENT COST OF UP TO $19,000,000 AND SHALL THE CITY TAXES BE INCREASED UP TO $760,000 ANNUALLY FOR THE PURPOSE OF FINANCING: . NEIGHBORHOOD FLOOD CONTROL AND STORM DRAINAGE IMPROVEMENTS BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS, WHICH BONDS SHALL MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH 4 PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; SHALL AD VALOREM PROPERTY TAXES BE LEVIED IN ANY YEAR, WITHOUT LIMITATION AS TO RATE AND IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS; AND SHALL ANY EARNINGS FROM THE INVESTMENT OF THE PROCEEDS OF SUCH TAXES AND BONDS (REGARDLESS OF THE AMOUNT) CONSTITUTE A VOTER APPROVED REVENUE CHANGE, AND AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Section 3. Effective date: Dublication This Resolution shall be effective upon passage. The City Council hereby orders this Resolution published pursuant to City Charter Section 16.8. DONE AND RESOLVED THIS 25th Day of August, 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk I 5 " < ~' < r City of pWheatRL,.dge ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION r~~~ COUNCIL MEETING DATE: August 25, 2008 TITLE: RESOLUTION NO. 46-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 CONSERVATION TRUST FUND BUDGET TO APPROPRIATE FUNDS IN THE AMOUNT OF $15,000 FOR lit)!, PURPOSE OF EXPENDING A STATE HISTORIC GRANT FOR RESTORATION OF lit)!, BAUGH HOUSE AND AUTHORIZING THE MAYOR TO SIGN AN AWARD LETTER ACCErl.ll~G THE GRANT WHICH INCLUDES RECORDING A TWENTY YEAR COVENANT ON Ttl)!, PROPERTY o PUBLIC HEARING o BIDS/MOTIONS i:8J RESOLUTIONS o ORDINANCES FOR I ST READING (mm/dd/yyyy) o ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: o YES i:8J NO U-uLL 1ht1M-~ -;; ~ mJd Recreation Director y Cit~~ EXECUTIVE SUMMARY: The City of Wheat Ridge has applied for and received a grant in the amount of $135,000 from the State of Colorado Historical Fund for the purposes of completing the restoration of the interior of the Baugh House. The grant award exceeded the amount appropriated for expenditure in the 2008 Conservation Trust Fund in the amount of $15,000. This supplemental budget appropriation from the Conservation Trust Fund balance will allow the entire grant to be expended as well as the cash match currently appropriated in the fund for the grant. The grant award is contingent on the City approving a twenty-year covenant on the property. This covenant is required by the State of Colorado to protect the investment it has made on the site and states that the City as the property owner agrees to maintain the current use and purpose of the property, as an historical site for the specified amount of time stated in the covenant. The property currently,has the same covenant recorded from the previous grant award and the proposed covenant if accepted will extend the current covenant of twenty years an additional three years from the date of receipt of this grant. COMMISSION/BOARD RECOMMENDATION: NA STATEMENT OF THE ISSUES: The City has applied for and administered in their role as property owner, three of the four grants received for the restoration of the Baugh House. The grants all required a 25% cash match from the applicant. All of the prior grant matches have been privately funded through the Wheat Ridge Historical Society. The current grant award of $135,000 is using city appropriated funds for the cash match. This amount totals $45,000. The current grant award related to this covenant was applied for by the City and will be administered by the City. The City is required as the property owner to give permission for the work to be completed as outlined in the grant and to allow a twenty year covenant to be recorded on the property. This covenant will protect the use of the funds by not allowing the completed project and the purpose to be altered for the amount of time specified. The covenant itself is included in the grant contract. There is a covenant on the property for the same time period for the grant awarded in 2005. This grant will complete the interior restoration of the house. There will be additional funding required to complete any restoration of outbuildings on the site. As an example of a prior covenant, the City approved an environmental covenant with the State of Colorado to receive grant funds for the.ponstruction of Founders' Park. This covenant was for a period of! 00 years. /- , - , " ). ALTERNATIVES CONSIDERED: To not approve the budget amendment to expend the entire grant award and to not approve placement of the covenant on the property and therefore not receive the grant award of $135,000. FINANCIAL IMPACT: The City is providing the 25% or $45,000 matching funds requirement for the grant award which is appropriated in the 2008 General Fund and Conservation Trust Fund budgets. RECOMMENDED MOTION: "I move to approve Resolution No. 46-2008 - A Resolution Amending the Fiscal Year 2008 Conservation Trust Fund Budget to appropriate funds in the amount of $15,000 for the purpose of expending a State Historic Grant for restoration of the Baugh House and authorizing the Mayor to sign an award letter accepting the grant which includes recording a twenty year covenant on the property. " or, "I move to deny the approval of Resolution No. 46-2008 for the following reason(s): " Report Prepared by: Joyce Manwaring, Director of Parks and Recreation Report Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Resolution No. 46-2008 2. Award Letter 3. Sample Covenant CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 46-2008 TITLE: A RESOLUTION AMENDING HtE FISCAL YEAR 2008 CONSERVATION TRUST FUND BUDGET TO APPROPRIATE FUNDS IN THE AMOUNT OF $15,000 FOR UtE PURPOSE OF EXPENDING A STATE HISTORIC GRANT FOR RESTORATION OF UtE BAUGH HOUSE AND AUTHORIZING THE MAYOR TO SIGN AN AWARD LETTER ACCEPTING THE GRANT WHICH INCLUDES RECORDING A TWENTY YEAR COVENANT ON THE PROPERTY WHEREAS, the City of Wheat Ridge supports a strong partnership between city and community; and WHEREAS, the Wheat Ridge Park and Recreation Master Plan Goals call for provision of a wide range of recreation, leisure, athletic, and cultural opportunities for all residents of Wheat Ridge; and WHEREAS, the restoration of the Baugh House reflects the history ofthe community; and WHEREAS, the grant award in the amount of$135,000 from the State Historic Fund has been awarded for restoration of the Baugh House and requires a twenty year covenant be recorded on the property; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The following amendment to the 2008 Conservation Trust Fund budget is hereby approved: A supplemental budget appropriation from the Conservation Trust Fund undesignated reserves in the total amount of $15,000 to account #54-601-800-862 for the purpose of expending the State Historic Grant Fund. A I I ACHMENT 1 The Mayor is authorized to sign the grant acceptance letter and allowing a covenant to be recorded on the property. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS DAY AUGUST 25, 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk COLORADO HISTORICAL SOCIETY, STATE HISTORICAL FUND SAMPLE COVENANT CONTRACT WORDING " PRESERVATION OF PROPERTY: The Property Owner hereby agrees to the following forij,' 'c iod of XX years commencing on the date of this Agreement. c_ a. Without the express written permission of the Society, no construction, relocation or remodeling or any other activity shall be undertaken or Ii! mitted Property which would alter the architectural appearance of the Prop. . ,adve , soundness of the Property, encroach on the open land area", th64.' perty, prominent landscape features as trees, hedges, fences." . r: . s. Suc shall be performed according to the Secretary of the I 11 s for t Properties and the Guidelines for Preserving, "bi s, and Buildings, issued and as may from time to ti . Y U.S. S hereinafter collectively referred to as the" n s Prope at all times to maintain the Property in. d f 'r and t according to the Standards so as to t rty. b. In the event of severe dam Agreement, as sudden da public enemy, rio ther s shall terminate e d d. Within sixty the Society property is 10, binding coven urpose of this ather, acts of the wner this Agreement c. tr t, Property Owner covenants and agrees that y clerk and recorder for the county in which the venants and agrees that this Contract will constitute a e. To the extent State, its e including c property ow contract. Property Owner shall indemnify, save, and hold harmless the ents, against any and all claims, damages, liability and court awards, and attorneys fees incurred as a result of any act or omission by the e ployees, agents, subcontractors, or assignees pursuant to the terms of this H:IPollcy\Covenant Contract Wordlng.doc AI .1 ACHMENT.. 2 E<j:~ STATE HISTORICAL FUND Grants for Historic Preservation August 1,2008 Ms. Joyce Manwaring, Parks & Recreation Director City of Wheat Ridge 4005 Kipling Street Wheat Ridge, CO 80033 Dear Ms.. Manwaring:: The Colorado Historical Society has completed its review of grant applications (>S35,000) submitted to the State Ilistoricall,'und for the April 1 , 2008 deadline, We are pk'ased to announce that a grant of $135,000 has been awarded to your project for the interior restoration of the Baugh House. I have enclosed our most recent State Ilistorical Fund (SI-U') Grants Packet, including a business card for the historic preservation specialist assigned to your project. Please note that this letter is neither a contract nor an authorization to begin work. Grant contracts staff will contact you within the next few weeks to negotiate and execute a contract; this may include clarifications to your proposed scope of work and budget to meet SHF policies and procedure$. \'(fork cannot begin until a contract has been fully executed. After executin~ the contmet you should discuss the project with your assigned historic preservation specialist before beginning work. For YOllr convenience, I am returning the extra copies of your application and copies of the reviewer score sheets. As a condition of the receipt of this grant, City of Wheat Ridge and the property owner (if different from grant recipient) will be rC'luired to allow the State I listorical Fund staff to record a 20.year covenant on the site; even if there is an existing covenant on the site. In order to acknowledge this condition the City of Wheat Ridge and the property owner must sign a copy of this Icucr and return it (n our offices within 60 days, or your grant award may be rescinded. If your project requires any approval by a federal or state agency, a federal or state agency license, or is receiving any type of federal or state agency funding, please contact the Colorado Historical Society's intergovernmental services director, Dan Curson at (303) 866-2673 to determine if any consultation is needed punmant to the State Register Act or Section 106 of the National Historic Preservation Act. If )'ou don't already have an active email address you arc required to obtain one and monitor it regularly for grant management purposes. Please notify SHr contracts staff (l'hfrnntrnr:t~t7I)r:h~ ~tfltf'^r:nll~ include ref. # provided below) of any changes to your email address from the information provided on the application Organizational Summary. Congratulations on receiving the State Hil,torical Fund award. We look forward to getting your project under contmct and on its way to successful completion. If you have any questions about the grant award, please do not hesitate to contact our office at (303) 866-2825. Sinwely, 1f"" /).1 /1 .c' / -1 A ~rV., c 1/ V Ci-Ck\. v,-^, Mark Wolfe Director City of Wheat Ridge Date Property Owner Date X: \Document\ 1 0140404.doc RcE 09-01-007 founded End: State Historical Fund Grants Packet A Grants Program of the _.....1 L...t<..l. .1..--..........h:.....l..I, _......_...~IlI.IIU_._ 225 EAST 16TH AVENUE SUITE 950 DENVER COLORADO 80203 TEL 303/866-2825 FAX 303/866-2041 www.coloradohistory-oahp.org ...\..1.( ~ Y City of pWheatRl...dge ITEM NO: -=1- REQUEST FOR CITY COUNCIL ACTION ~,~~ COUNCIL MEETING DATE: August 25, 200S TITLE: RESOLUTION NO. 47-2008 - A RESOLUTION APPROVING JEFFERSON COUNTY OPEN SPACE TO PROCEED WITH ACQUIRING AN APPRAISAL FOR THE PURPOSE OF DISPOSING OF LESS THAN AN ACRE OF PARK PROPERTY LOCATED AT 38TH AND KIPLING D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1 ST READING (mm/dd/yyyy) D ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: DYES !:8:J NO . aJU_1ht1M-~_ -;; Par' wid Recreation Director y (.:~(--tb......:>r a City Manag~ (j EXECUTIVE SUMMARY: A master plan for the park property located at 3Sth and Kipling and commonly referred to as the Einarsen property has been completed and is in the process of being submitted for approval as an amended Outline Development Plan for the site. The park master plan provides for the disposal of less than an acre of park property for the purpose of accommodating the current commercial use as well as possible future uses, on the NW comer of3Sth and Kipling. The disposal ofless than an acre of property to the east of the business will allow the business to function when the park development is completed as well as create a viable lot size for future development. COMMISSION/BOARD RECOMMENDATION: The Parks and Recreation Commission supports the master plan concept for the park which shows the area identified for park property disposal. STATEMENT OF THE ISSUES: The current business which is a restaurant does not have a large enough site to accommodate the parking needs or conveniently access their trash dumpster. Due to the .5 acre size of the property on which the business is located it is impossible to improve the vehicular access to the site or accommodate the parking without enlarging the site. This business has had a license agreement with City to use the park property to the south for trash truck access. By disposing of park property and combining the private parcel with the sale ofthe park land, the site needs can be accommodated, the license agreement can be terminated and a permanent solution will occur on the site. Based on the appraised price an offer will be made to the property owner. If an agreement is reached the City will begin the process to subdivide the property. Further action by City Council to approve the sale will be required. If approved by City Council, the land disposal agreement is presented to Jefferson County Open Space Committee and ultimately the County Commissioners. If a sale agreement is not reached the property will not be incorporated into the development of the park, but will remain in the current state for potential future sale. The park master plan as presented is not contingent on the disposal or retention of the acreage proposed for sale. ALTERNATIVES CONSIDERED: To not approve the resolution supporting an appraisal and therefore not move forward with the disposal of park property. FINANCIAL IMPACT: The current future park site of 8.3 acres was purchased with Jefferson County Open Space Bond funds and the city's .attfiqutl\ble shareJofopen space funds at a 75% to 25% ratio respectively. If the disposal of park property does occur based on the appraised price, 75% of the sale proceeds will be returned to the County and the city share of 25% will be required by the County to be spent on an alternative acquisition. RECOMMENDED MOTION: "I move to approve Resolution No. 47-2008 approving Jefferson County Open Space to proceed with acquiring an appraisal for the purpose of disposing of less than an acre of park property located at 38th and Kipling". or, "I move to deny the approval of Resolution No. 47-2008 for the following reason(s): " Report Prepared by: Joyce Manwaring, Director of Parks and Recreation Report Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Concept plan for future site development 2. Park Final Master Plan 3. Resolution No. 47-2008 ... z w :E :c u ~ - - ORNAMENTAL ORCI4ARD PLANTING PARKING 42 SPACES NATivE PLANTING- AREA/DETENTION MAIN PARK GATEWAY PLAY AREAS W/ S14ADE SI4EL TERS CLIMBING WALL BWING BENCI-! - POTENTIAL EXPANSION APPLE R DGE CAFE L- RET~IAINg'~ALL~ L CONCRETE SKATE PARK .../- 10,000 S.F. \\IWATE~f4A'" . ::::O::TER AND POTENTIAL COMMUNITY FACILITY SITE j~*t::~~: '/ PARKING 18 SPACES 38th and Kipling Final Master Plan :~;......w~~ ..Yr.......b...C...mbN DfSIGm~"~.~.~,~..~"~.", .. "",'. W"i ~ . ',:...":.~.""<mH A'l 1 ACHMENT 2 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47-2008 TITLE: A RESOLUTION APPROVING JEFFERSON COUNTY OPEN SPACE TO PROCEED WITH ACQUIRING AN APPRAISAL FOR THE PURPOSE OF DISPOSING OF LESS THAN AN ACRE OF PARK PROPERTY LOCATED AT 38TH AND KIPLING WHEREAS, the City of Wheat Ridge supports a strong partnership between city and community; and WHEREAS, the Wheat Ridge Park and Recreation Master Plan Goals call for provision of a wide range of recreation, leisure, athletic, and cultural opportunities for all residents of Wheat Ridge; and WHEREAS, the park master plan has been developed for the future park site at 38th and Kipling; and WHEREAS, the City Council supports the disposal of a portion of the parkland at this site to accommodate the current and future commercial business; and NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: Approval for Jefferson County Open Space to proceed with acquiring an appraisal for the purpose of disposing ofless than an acre of park property located at 38th and Kipling. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS DAY AUGUST 25, 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 3 ". ~', City of pWheatRL..dge ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION ~'~ 11,1 ~ "",,":':" '"... ' '~~~, I~ [ji~~~ COUNCIL MEETING DATE: August 25, 2008 TITLE: RESOLUTION NO. 48-2008 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE PROSPECT RECREATION AND PARK DISTRICT FOR MAINTENANCE OF LANDSCAPING AND TRAIL IMPROVEMENTS ON 44TH AVENUE D PUBLIC HEARING D BIDS/MOTIONS o RESOLUTIONS D ORDINANCES FOR 1 ST READING (mmJdd/yyyy) D ORDINANCES FOR 2ND READING (mmJdd/yyyy) - ~::~ ~.:;~ Director ,e(Pubilc Works o NO R~~(l EXECUTIVE SUMMARY: The transportation improvements required to service the proposed Cabela's Shopping Center include construction of Cabela Drive from 32nd Avenue to 44th Avenue. During the 1-70/ 32nd Avenue Interchan~e Environmental Assessment process, residents in the vicinity of the intersection of 44 Avenue and future Cabela Drive requested that their neighborhood be buffered from the increased traffic along 44th Avenue that will occur when the shopping center is constructed. To provide buffering at this location, the Longs Peak Metropolitan District will construct additional landscaping along the north side of 44th Avenue east and west of Cabela Drive. The Prospect Recreation & Park District has agreed to maintain the improvements. Staff recommends that the attached Intergovernmental Agreement with the Prospect Recreation & Park District be approved. COMMlSSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: In conjunction with the Cabela's Shopping Center project, additional landscaping will be constructed along the north side of 44th Avenue from Gardinia Street to Holman Street. The existing pedestrian trail at this location will also be improved. The Prospect Recreation & Park District was consulted during the design of the improvements and agreed to maintain the new landscaping and trail when the project is completed. The City, through the Longs Peak Metropolitan District, will provide water to the proposed irrigation system for the new landscaping. ALTERNATIVES CONSIDERED: Have the Longs Peak Metropolitan District build a sound wall along 44th Avenue. FINANCIAL IMPACT: City Staff will coordinate the availability of water to the irrigation system between the Prospect Recreation & Park District and the Longs Peak Metropolitan District. RECOMMENDED MOTION: "I move to approve Resolution No. 48-2008 - A Resolution Approving an Intergovernmental Agreement with the Prospect Recreation and Park District for Maintenance of Landscaping and Trail Improvements on 44th Avenue." Or, , ' <,. .',' l ': "I move to deny, the approval of Resolution No. 48-2008 for the following reason(s) " Report Prepared by: Tim Paranto, Director of Public Works Report Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. ProspectIGA 2. Location Map 3. Resolution No. 48-2008 J..i:iJ.J.!.ft.GOVERNMENATAL AGREEMENT FOR TRAIL AND LANDSCAPE MAINTENANCE This Agreement, made and .........".J this _ day of .2008 by and between the City of Wheat Ridge and the I\,,'....~, Recreation & Park District, a Title 32 special district and political subdivision of the State of Colorado, hereinafter referred to as "Prospect District"; and hereinafter referred to as or individually referred to as "Party" or collectively referred hereto as "the Parties; WHEREAS a commercial development within the City of Wheat Ridge will require construction of a new street, to be called Cabela Drive, WHEREAS, Cabela Drive will intersect with 4411l Avenue at Holman Street; WHEREAS, there are plans for landscaping and trail :"'r...ements on the north side of 44th Avenue, east and west of Cabela Drive shown in Exhibit 1, hereinafter referred to as the "Landscape hnprovements"; WHEREAS, the City anticipates that the contractor will be required to maintain the new landscape material for one (I) year following final acceptance of the landscaping and trail improvements; WHEREAS, the City ....;;~;....:...., .....'w.~lion of this portion of 4411l Avenue; WHEREAS, this portion of 4411l Avenue lies within the Prospect District service area; NOW, THEREFORE, in consideration of the covenants and mutual promises herein contained and for other good and valuable consideration, the parties hereto agree as follows: I. The Agreement shall become effective upon final acceptance of the Landscape Improvements by the City. 2. The Prospect District shall maintain the re-cw..". _~t.ed trail along the north side of 44th Avenue from Gardenia Street to the west boundary line of 4400 Holman Street which is included in the Landscape Improvements. 3. The City will permit the Prospect District to maintain the landscape material along the north side of 4411l Avenue to whatever extent the Prospect District should desire . 4. The City shall have no obligation under this agreement to maintain the Landscape Improvements. 5. The City shall maintain a water tap for irrigation of new landscape materials included I ATTACHMENT 1 in the Landscape hnprovements along the north side of 44th Avenue from Gardenia Streetto the west boundary line of 4400 Hobnan Street. The Prospect District may advise the City when there is need to irrigate the landscape materials. 6. The obligations of the Parties are subject to annual l.,-,..Oy. :.mon. No multi-year fiscal obligation is intended to be created hereby for which funds are not specifically committed and reserved as of the effective date hereof. Notwithstanding any other provision of this agreement concerning tennination, upon a Party's fuilure to appropriate such funds, this agreement shall automatically terminate. 7. In the event of a default, in addition to any remedies that may be available to the Parties in law or in equity, the Parties shall be entitled to seek specific performance or injunctive relief to enforce the provisions of this Agreement. However, prior to filing legal action the Party alleging the default shall first provide notice of the defuult to the other Party and allow a minimum offourteen (14) days to cure the default. 8. This Agreement shall be construed and enforced in accordance with the laws of the state of Colorado. The Parties consent to venue for any legal action relating to the Agreement being in the District Court in the County of Jefferson. In any legal action for damages or to enforce the terms of this Agreement, the prevailing party shall be entitled to recover their reasonable attorneys' fees and costs. 9. The enforcement of the terms and conditions of this Agreement and all rights of action relating to enforcement shall be strictly reserved to the Parties. No third party beneficiary rights shall be created by this Agreement in favor of any person not a Party to this Agreement, unless the Parties mutually agree otherwise in writing. 10. Neither Party shall be liable for any failure to perform as required by this Agreement, to the extent such fuilure to perform is caused by any of the following occurrences: strikes, labor disturbances or disputes, failure of any governmental (other than the Parties to this Agreement) or third party action or approval required for full p", >:"v....ance, riots, civil disorder, war, floods, earthquakes, acts of God, explosion, or similar occurrences outside the control of such Party. 11. Except as otherwise required in this Agreement, any notice shall be deemed to be validly given at the time the notice is delivered in person, received by registered mail, postage prepaid, or transmitted by facsimile (with confinnation of receipt) to the following addresses: To the Prospect District: Chainnan of the Board Prospect Recreation & Park District 4198 Xenon Street Wheat Ridge, CO 80033 2 (303) 424-2346 To the City of Wheat Ridge City Manager City of Wheat Ridge 7500 West291l1 Ave Wheat Ridge, CO 80033 (303) 235-2861 12. This Agreement is intended as a complete integration of all understandings 1. '-" . ~~,- the Parties pertaining to the Relocation. No prior or contemporaneous addition, deletion or other amendment shall have any force or effect, unless embodied herein or in a written amendment or other agreement executed by the Parties. This Agreement and any amendments shall be binding upon the Parties, their successors and assigns. 13. In the event any provision of this Agreement is found to be invalid, void, or otherwise unenforceable by a court of Cvu."..;.._; jurisdiction or by operation of applicable law, such invalid, void, or unenforceable provision shall not affect the validity of the Agreement as a whole and the remainder of the Agreement shall be given full force and effect. 14. To the extent permitted by law and without waiving any rights, defenses, or protections provided to either Party by the Colorado Governmentallmmunity Act, each Party shall indemnilY and hold the other hannless from all liability, claims, demands, or expenses (including reasonable attorneys' fees) resuhing from or related to any injury, loss or death, disease, property loss or damage, or any other losses of any kind whatsoever, that arise out of or are in any manner connected with that Party's use and maintenance of the Landscape Improvements. 3 IN WIlNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized respective representatives as of the date and year written above. PROSPECT RECREATION & PARK-DISTRICT By:.......:tJ.-In.,.r-..,l C2nA/c~ Flora Andrus, Chainnan of the Board I ~1alU'4' ~t:;7:.~ District Legal Counsel ( CITY OF WHEAT RIDGE By: Jerry DiTullio, Mayor By: APPROVED AS TO FORM Bv: Gerald E. 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".~~lVte St. ,~ ~ Mal CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 48-2008 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE PROSPECT RECREATION AND PARK DISTRICT FOR MAINTENANCE OF LANDSCAPING AND TRAIL IMPROVEMENTS ON 44TH AVENUE WHEREAS, a commercial development within the City of Wheat Ridge will require construction of a new street, to be called Cabela Drive; and WHEREAS, Cabela Drive will intersect with 44th A venue and Holman Street; and WHEREAS, there are plans for landscaping and trail improvements on the north side of 44th Avenue, east and west ofCabela Drive; and WHEREAS, the City anticipates that the contractor will be required to maintain the new landscape material for (I) year following final acceptance of the landscaping and trail improvements; and WHEREAS, the City anticipates annexation ofthis portion of 44th Avenue; and WHEREAS, this portion of 44th Avenue lies within the Prospect District service area; NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: The Intergovernmental Agreement for Trail and Landscape Maintenance between the City of Wheat Ridge and the Prospect Recreation and Park District is hereby approved. DONE AND RESOLVED THIS DAY AUGUST 25, 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 3 ~9 --- PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE: Parks and Recreation (BOARD/COMMISSION/OMMITTEE) DATE:Auaust25.2008 DISTRICT One HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: Three vears ARE YOU A REGISTERED VOTER? Yes WHY ARE YOU SEEKING THIS APPOINTMENT? I would like to be of service to mv communitv and I have a Darticular interest in the Dark and recreation infrastructure an it's lona term Dlannina. DO YOU HAVE EXPERIENCE IN THIS AREA? I am a practicing Landscape Architect involved in the design and construction for large and complex capital projects. _ HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? No ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? No SIGNATURE PLEASE PRINT OR TYPE NAME: Georae R. Pond ADDRESS: 3709 Pierce St. I I. I HOME PHONE: 303-503-7386 BUSINESS PHONE: 303-880-8729 E-MAIL ADDRESS: aroond@comcast.net APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR.