Individuals with disabilities are encouraged to ...

6:30 p.m. Executive Session

CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO

7500 WEST 29TH AVENUE, MUNICIPAL BUILDING

June 14. 2010 6:30 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

ROLL CALL OF MEMBERS

Motion to go into Executive Session under Charter Section 5.7(b)1 (d) and C.R.S. Section 24-6-402(4)(b) and (f), specifically for a conference with the City Attorney and appropriate staff for legal advice on a personnel matter concerning the employment contract of the City Manager.

Adjourn to Executive Session.

Reconvene Meeting.

APPROVAL OF MINUTES OF May 24,2010

PROCLAMATIONS AND CEREMONIES

Colorado Air National Guard Recognitions Moe Keller Recognition

CITIZENS' RIGHT TO SPEAK

a. Citizens, who wish , may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster.

b. 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.

CITY COUNCIL AGENDA: June 14, 2010 Page -2-

APPROVAL OF AGENDA

1. CONSENT AGENDA

A. Motion to approve the appointment of Rhonda Champion to the Animal Welfare and Control Commission; term ending March 2, 2013.

B. Resolution 28-2010 - amending the fiscal year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $8,620 for the renewal of the Annual Maintenance Agreement for the WRTV8 Community Bulletin Board Software.

C. Resolution 25-2010 - finding a petition for Annexation of land located in the East Half of Section 16, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, to be in substantial compliance with Section 31 -12-107(1), Colorado Revised Statutes and setting a hearing date to consider the Annexation .

D. Motion to approve the annual renewal for the CISCO Network Infrastructure Equipment in the amount of $13,423.72 to Insight, Inc.

E. Resolution 27-2010 - amending the fiscal year 2010 Capital Investment Program (CIP) Budget to reflect the approval of a supplemental budget appropriation to fund the Emergency Warning System Phase III.

ORDINANCES ON FIRST READING

2. Council Bill 09-2010 - An Ordinance amending a Planned Industrial Development Outline Development Plan for construction of a Public Fire Station on property located at 5250 Oak Street. (Case No. WZ-10-03/Skyline Estates Filing 3/Arvada Fire Protection District)

3. Council Bill 10-2010 - An Ordinance amending the Wheat Ridge Code of Laws to permit waiver of Use Tax.

4. Council Bill 11-2010 - An Ordinance extending the moratorium enacted by Section 2 of Ordinance 1453, Series 2009, on the submission, acceptance, processing, and approval of any application for a City of Wheat Ridge Permit or License related to the operation of a business or cooperative that sells or cultivates Medical Marijuana.

CITY COUNCIL AGENDA: June 14, 2010 Page -3-

DECISIONS, RESOLUTIONS, AND MOTIONS

5. Motion to reconsider Resolution 24-2010 - followed by a further motion to reapprove the Resolution as amended. Resolution creates the Citizens' Exploratory Committee (CEC) for the purpose of Public Education and Debate regarding the effectiveness and efficiency of various form of City Govemment.

6. Resolution 26-2010 - approving "Discovery Park" as the name for the new park located at 38th & Kipling .

CITY MANAGER'S MATTERS

CITY ATTORNEY'S MATTERS

ELECTED OFFICIALS' MATTERS

ADJOURNMENT

CITY OF WHEAT RIDGE, COLORADO

Mav 24. 2010

Mayor DiTullio called the Regular City Council Meeting to order at 6 :30 p.m. Councilmembers present: Karen Adams, Karen Berry, Joyce Jay, Tracy Langworthy, Davis Reinhart, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Randy Young ; Police Chief, Dan Brennan; City Attorney, Gerald Dahl ; Director of Community Development, Kenneth Johnstone; Director of Public Works, Tim Paranto; Parks and Recreation Director, Joyce Manwaring; Assistant to the City Manager, Heather Geyer; staff; and interested citizens .

Council Member Joe DeMott was absent.

Motion by Mr. Reinhart to go into Executive Session under Charter Section 5.7(b)1(d) and C.R.S. Section 24-6-402(4)(b) and (f) , specifically for a conference with the City Attorney and appropriate staff for legal advice on a personnel matter concerning the employment contract of the City Manager; seconded by Mrs. Sang; carried 7-0.

Meeting adjourned to Executive Session.

Council Member Joseph DeMott arrived at 6:43pm.

Regular City Council Meeting was reconvened at 7:05 p.m.

APPROVAL OF MINUTES OF May 10, 2010

Motion by Mr. Stites for approval of the Minutes of May 10, 2010; seconded by Mrs. Jay; carried 8-0.

PROCLAMATIONS AND CEREMONIES

Mayor DiTullio presented Acknowledgment of Bank of the West for investing in Safety and Mobility in the City of Wheat Ridge.

CITIZENS' RIGHT TO SPEAK

Dalmon Larson handed Council copies of an email exchange between himself and City Planner Meredith Reckert (amended to this packet) regarding his concerns for changes to the park design at 38th & Kipling . He expressed objections to what he feels were major differences in the approved parking space designs relative to what the community thought was in the final design.

--

CITY COUNCIL MINUTES: May 24,2010

APPROVAL OF THE AGENDA

Page -2-

Motion by Mr. Reinhart to amend the Agenda to add an Item 3. to discuss a Resolution Creating the Citizen's Exploratory Committee (CEC) for the Purpose of Public Education and Debate Regarding the Effectiveness and Efficiency of Various Forms of City Government; seconded by Mrs. Langworthy; carried 8-0 .

1. CONSENT AGENDA

A. Motion to approve the Annual Renewal for the Shoretel Telecommunications System in the amount of $15,941 .90 to OCX.

B. Resolution 23-2010 - approving the first amendment to an Intergovernmental Agreement concerning an Auto Theft Task Force among Wheat Ridge, Arvada, Lakewood, Denver, the Jefferson County Sheriff's Office, and the District Attorney for the First Judicial District of Colorado.

C. Motion to approve Water and Sanitation Tap Fees for the 38th and Kipling Park Development to Denver Water, Consolidated Mutual Water Company and Westridge Sanitation District in a combined total amount of $273,940.

D. Motion to approve an amendment to the City of Wheat Ridge RFP-06-54 Bus Stop Shelter Construction and Maintenance Agreement.

Consent Agenda was introduced and read by Mr. Reinhart.

Motion by Mr. Reinhart for approval of the Consent Agenda; seconded by Mrs. Sang; carried 8-0.

ORDINANCES ON FIRST READING

2. Council Bill 08-2010 - An Ordinance amending the Wheat Ridge Code of Laws Article VII of Chapter 26 concerning Off-Premise Identification Signs, Community EvenUSponsorship Banners, and Signs in the public right-of-way.

Council Bill 08-2010 was introduced on first reading by Mr. DeMott.

Motion by Mr. DeMott to approve Council Bill 08-2010 on first reading, order it published, public hearing set for Monday, June 28, 2010 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication ; seconded by Mrs. Adams; carried 8-0.

CITY COUNCIL MINUTES: May 24,2010 Page -3-

3. Resolution 24-2010 - A Resolution Creating the Citizen's Exploratory Committee (CEC) for the Purpose of Public Education and Debate Regarding the Effectiveness and Efficiency of Various Forms of City Government.

Motion by Mr. Reinhart to approve Resolution 24-2010; seconded by Mrs. Langworthy; carried 7-1 with Mrs. Sang voting No.

~8pm

Michael Snow, City Clerk

APPROVED BY CITY COUNCIL ON June 14, 2010 BY A VOTE OF __ to __

Davis Reinhart, Mayor pro tem

The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions.

~ City or

, WheatR;Ldge ITEM NO: _1_1 A,

DATE: June 14, 2010

REQUEST FOR CITY COUNCIL ACTION

TITLE: MOTION TO APPROVE THE APPOINTMENT TO THE ANIMAL WELFARE AND CONTROL COMMISSION

o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS

QUAsI-ruorcIAL:

\Sh~~~~ City Clerk ~

ISSUE:

o ORDINANCES FOR I ST READING (mm/dd/yyyy) o ORDINANCES FOR 2 ND READING (mmldd/yyyy)

o YES

foe City Manager

There currently is a vacancy in District II on the Animal Welfare and Control Commission. Council Member Jay and Council Member Sang request that Rhonda Champion be appointed to the Animal Welfare and Control Commission term ending March 2, 2013 .

PRIOR ACTION: None

FINANCIAL IMPACT: None

BACKGROUND: None

V;IFormslCAFtemplate

Council Action Form June 14,20 10 Page 2

RECOMMENDED MOTION: "I move to appoint Rhonda Champion to the Animal Welfare and Control Commission, term to expire 3/02113 .

Or,

" I move to deny the appointment of Rhoda Champion to the Animal Welfare and Control Commission for the following reason(s) "

REPORT PREPARED BY: Janice Smothers, Admin. Assistant to the Mayor and City Council Reviewed by: Michael Snow

ATTACHMENTS: I. Application

I • ,

?w£~~t Board and Commission A

APPLI TION FOR APPOINTMENT TO THE:

-Ium~ Wd/1;< '¥ UMI'J/( (Board/Commission/Committee)

r.'~~~~----~~~~~ Distributed to: Council: 'if Date: SIt, 110 Mayor: I . rk: I Cily l'.'o9r: /

City I>!~y : I Dept :., ." -::J3:

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l~~~~. - - .. . _-._--_. __ .-.- ' ... . -: .. j

DATE: si?/;o DlSTRlCT:,~=I=!=:-____ _

HOWLONGHAVEYOUBEENARESIDENTOFWHEATRlDGE: 32 yr's '

ARE YOU A REGISTERED VOTER? y.es WHY ARE YOU SEEKING THIS APPOINTMENT? -C cz#<.- adue -I~

--i£-allfl'" C4 rt'sa. ,~ fttZ<.J-e. did /","k'-L'.s.-kd I I(..' 4.n,,~5 ~ -e,,... w4/., <V't/!. --rJ,1 .. 's a~ If;;:>pr/"" ,-f,( r nu. C-(", serve ,~. a.g'f;fi:,~-f-

DO YOU HAVE EXPERIENCE IN THIS AREA? ~ do "UP,,' k<UJ< -b-~ ... ~,,~,,-< . I

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HA VE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG?

ARE THERE ANY CONFLICTS WHICH WOU~INTERFERE WITH REGULARATTENDENCEORDU~ ,

J/'ATURE ~ Ok"f'''~ PRINT NAME ~dt:L C) l~:!!!:;_/ol( ADDRESS le'fcZo W -<;d,--IL Ac-<--

HOME PHONE 3()3 - -'/.31- I:> 7cJh

BUSINESS PHONE ~9tJ3 -o1'9b~ (Ja(

E-MAIL ADDRESS _aty'I.oll.-@ -! (10m

APPLICA nON WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29tJi Ave., Wheat Ridge CO 80033

ATTACHMENT 1

· • City of - --'Wheat~ge

ITEM NO: I ,£ I DATE: June 14, 2010


TITLE: RESOLUTION NO. 28-2010 - A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,620 FOR THE RENEWAL OF THE WRTV8 COMMUNlTY BULLETIN BOARD SOFTWARE

o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS

o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING

QUASI-JUDICIAL: 0 YES =kjj .0 ~ D~·Jb~- fof City Manager

ISSUE: Should the City Council approve a supplemental budget appropriation in the amount of $8,620 for the renewal ofWRTV8 Community Bulletin Board software?

PRIOR ACTION: City Council approves funding for the license renewal of the bulletin board software annually.

FINANCIAL IMPACT: The requested amount of the supplemental budget appropriation is $8,620 for the renewal of the WRTV8 bulletin board software and the purchase of additional license. The renewal of the existing software licenses is $7,000 and the purchase of an additional license is $1 ,620. SymonCare is giving the City a 10 percent discount off the price of the license.

BACKGROUND: The WRTV8 Community Bulletin Board is an essential communication tool in providing timely and useful information to citizens about City services and programs. The City ' S contract with

V:IFormslCAFtemplate

Council Action Form June 14, 2010 Page 2

Symon Communications, Lnc., will expire on June 30, 20 I o. In order to continue to provide the Community Bulletin Board on WRTV8, staff is requesting approval of a supplemental budget appropriation in the amount of $8,620. The supplemental budget appropriation consists of transferring a total of $8,620 in Public Education Government (PEG) Fee revenues from the General Fund. The current balance of PEG Fee funds is $\66,110.39.

The WRTV8 Community Bulletin Board is operated from software known as SymonCare. The Community Bulletin Board exists to provide advertising and promotion of City services and programs. Additionally, per the City'S Channel 8 Policy, the bulletin board system can be used to advertise non-profit programs and services. The bulletin board cannot be used for-profit or business promotion.

The City ho lds seven licenses utilized by the following departments: Police, Community Development, City Manager's Office (2), Public Works, and Parks and Recreation (both the Recreation Center and Senior/Community Center). The purchase of an additional license will be used by the Front Desk Receptionist to provide assistance with the creation of slides and posting of information on the bulletin board.

Per the City' s franchise agreement with Comcast, PEG (public Education Government) Fee revenues may only be utilized to support equipment, software and maintenance associated with the operation of WTV8 . PEG Fee revenues cannot be co-mingled with other General Fund revenues and the purpose of the funding is solely to support WRTV8 operations (not to include staff salaries or the purchase of programming). Additionally, staff tracks the balance of PEG fee funding. The current balance of available PEG Fee funds is $166, II 0.39. This total does not include a 20 I 0 first quarter PEG Fee payment. PEG Fee revenues have averaged approximately $42,000 per year.

RECOMMENDA nONS: Staff recommends that City Council approve the supplemental budget request. Funding for the software renewal is not budgeted in the General Operating budget since PEG fee funding can be utilized for this WRTV8 service.

RECOMMENDED MOTION: "I move to approve Resolution No. 28-20 I 0 - a resolution amending the Fiscal Year 20 I 0 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $8,620 for the renewal of the WRTV8 Conummity Bulletin Board Software and the purchase of an additional software license."

Or,

"I move to postpone indefinitely Resolution No. 28-20 I 0 - a resolution amending the Fiscal Year 20 I 0 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of$8,620 for the renewal of the WRTV8 Community Bulletin Board Software and the purchase of an additional software license for the following reason(s) "

Council Action Fonn June 14,20 10 Page 3

REPORT PREPARED BY: Heather Geyer, Assistant to the City Manager/PIO Patrick Goff, Deputy City Manager

ATTACHMENTS: 1. Resolution No. 28-2010 2. SymonCare Renewal Quote 3. SymonCare Price Quotation for I new license

CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28

Series of 2010

TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,620 FOR THE RENEWAL OF THE ANNUAL MAINTENANCE AGREEMENT FOR THE WRTV8 COMMUNITY BULLETIN BOARD SOFTWARE

WHEREAS, the City Council recognizes the Channel 8 Community Bulletin Board as an important communication tool in informing the community about City programming and services; and

WHEREAS, the use of PEG Fees can only be utilized for equipment, software and maintenance needed for operating Channel 8; and

WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution .

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:

A. The City Council authorizes the Renewal of the Annual Maintenance Agreement for Community Bulletin Board software.

B. The City Council authorizes the transfer of $8,620 from the General Fund undesignated reserves to account 01 -111-700-755 and amending the 2010 fiscal year budget accordingly.

DONE AND RESOLVED this 14th day of June 2010.

Jerry DiTullio , Mayor

ATIEST:

Michael D. Snow, City Clerk

A TT ACHMENT 1

SymonCare Renewal Quote 4/9/2010

Page 1 of 2

Address Verification:

WHEA00001 USC001 City Of Wheat Ridge Heather Geyer -7500 W 29th Avenue

Wheat Ridge CO 80033

Contract # 0000024539

Location : SALOl - 7500 W 29th Avenue Wheat Ridge CO 80033

Item Code

7817

8160

8161

7132

PROG-8200

7323CC

8162

8185

Item Description

SES - Symon Enterprise Software Series I - T

Design Studio 1 st

Design Studio (Qty 2-5) each

Symon Says (1 -10)

OnTarget Content - 1 st Subscription

Collector - ODBC Collector of Choice

Design Studio (Qty 6-10)

SDA-520

Serial #

00132083F3AA

Bill To Verification:

WHEA00001 USC001 City Of Wheat Ridge Heather Geyer -

Service aty Option

8X5

8X5

4 8X5

5 8X5

Subscribe

8X5

2 8X5

8X5

From:

7101 /10

7/0 1/10

710 1/10

7/01/10

7101 /10

7/0 1/10

7/0 1/10

7/0 1/10

Contract: 24539

To :

6/30/11

6/30/11

6/30/1 1

6/30/11

6/30/1 1

6/30/11

6/30/11

6/30/11

Maint Fee

$1 ,260.00

$540.00

$1 ,728.00

$250.00

$2,000.00

$0.00

$648.00

$574.00

Location Total :(Exctudes Sales Tax) $7,000.00 Contract Total Coverage through 6/30/2011 (Excludes Sales Tax) $7.000.00

Th6 )ienl optio .. willi 16')& discotmt A 3l\;;IiElS ef$1 ,QOO '13,886.66

Three yair optiOR "'itR 1&% EiiS89wAt A saYings pf $2 250 518 ,758 .ge

Content Subscriptions ARE NOT ELIGIBLE for Multi-Year Discounts

SYMON Communications, Inc. 1500 N Centra l Expressway, Suite 175 - Plano , Texas 75074 ATTACHMENT 2 contact Isabel Valencia 1 tel 972-543-9523 1 tax 972-767-3881 I email [email protected]

Pre pared on : 4 / 19 /2010

This quotation is only valid for 30 days. For some products, a deposi t may be required. Segment: Employee Communications Level: DEFAULT Currency: US Dollar

Symon Contact: Sean Sammler Phone; 972.543.97l5 Fax; 585.486.1969

Product Summary

Symon Price Quotation for

City of Wheat Ridge Additional Design Studio

License

Item Code Product Quantity Unit Price Product Total

Symon Software

8162 Design Studio (Qty 6-10) $1,800

Totals

Symon Solution Investment : ' .-Symon Software

Total (NOT INCLUDING shipping, travel &. living expenses, or sales / use taxes, all of which TBO*)

Quote ID: QUO-0633 1-]WP4X9- 2

$1,800

$1,800

Quote!D; QUO-06331-]W~- 2

Prepared fo r: City Of Wheat Ridge Pre pared by : Sean Sammler

Contact: Heather Geyer Phone : (303) 235-2826 Email: [email protected] FOB Prepay and Add: Plano, TX Warranty: 90 days Payment Terms: Net 30

Discount Amount

$180

$180

Total

$1,620

$1,620

$1,620

$1,620

This Symon Price Quotation is bound by the Terms and Conditions listed on the terms and conditions page hereof. * Unless listed separately on a line item above, shipping charges, t ravel & living expenses, and sales / use taxes will be calculated separately and added to the final invoice amount.

ATTACHMENT 3

Page 1 of 4

City or Y/'WheatRL-dge

ITEM NO: -L-C , DATE: June 14, 2010


TITLE: RESOLUTION NO. 25-2010 - A RESOLUTION FINDING A PETITION FOR ANNEXATION OF LAND LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), COLORADO REVISED STATUTES AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE ANNEXATION (CASE NO. ANX-IO-02)

o PUBLIC HEARING o BIDSIMOTTONS ~ RESOLUTIONS

QUASI-JUDICiAL:

fr/ Community Developme

ISSUE:

o ORDINANCES FOR 1sT READING o ORDINANCES FOR 2ND READING

DYES ~ NO

irector Acting City Manager

An annexation petition was prepared and executed on May 18, 20 I 0 relating to two parcels of right-of-way owned by the City of Wheat Ridge but located in unincorporated Jefferson County. The total acreage of lands being annexed is 0.79 acres.

The Municipal Annexation Act establishes the procedures for annexation of unincorporated territory by a municipality. The first step is the presentation of the annexation petition to City Council and the detennination by City COlmcil whether the property in question is eligible for annexation under the statutes, and if so, setting a hearing date to consider the annexation.

Council Action Form Case No. ANX-I 0-02 June 14, 2010 Page 2

Under the statutes, territory is eligible to be annexed if the following criteria are met: • More than SO% of the owners of more than SO% of the land sought to be annexed,

excluding rights-of-way, sign the annexation petition. • At least 116 of the boundary of the land sought to be annexed is contiguous with the

current City boundary. • That a community of interest exists between the area proposed to be annexed and the

annexing municipaLity; • The area is urban or will be urban in the near future. • That said area is or is capable of being integrated with the annexation municipality.

PRIOR ACTION: None. Only City Council acts upon annexation petitions.

FINANCIAL IMPACT: None. These pieces of right-of-way are already owned and being maintained by the City of Wheat Ridge.

BACKGROUND: The Arvada Ridge development is property located at the northwest comer of SOth and Kipling, in the City of Arvada and is a regional mixed-use development containing S6 acres. The development improvements included the relocation and construction of new Miller Street and W. SOth Avenue extending from Kipling to Miller.

The two parcels to which the annexation petition pertains are currently located in unincorporated Jefferson County but are considered Wheat Ridge' s right-or-way for maintenance purposes. The parcels contain the acceleration/deceleration lane for Kipling from SI Sl Place south to SOth Avenue and the traffic signal pole at the entrance to Arvada Ridge from SOth Avenue.

The decision to annex a property is a legislative decision of City Council. The 1/6 contiguity requirement has been met. The petitioner (Randy Young for the City of Wheat Ridge) represents more than SO% of the land proposed for annexation. The area is surrounded by urban development and is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. By incorporation into the official City maps, the tracts will be zoned A-I.

RECOMMENDA TlONS: Approve acceptance of the petition as being one of the conditions of the lOA for Arvada Ridge and set flfst and second reading dates.

RECOMMENDED MOTION: "I move to adopt Resolution No. 2S-20 I 0, a resolution, finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation and setting a

Council Action Fonn Case No. ANX-IO-02 June 14, 20 10 Page 3

first reading date of June 28, 20 lOon an annexation ordinance, and public hearing date of July 26,20 I 0."

Or,

" I move to deny the adoption of Resolution No. 25-2010 for the following reason(s) "

REPORT PREPAREDIREVlEWED BY: Meredith Recker!, Senior Planner Kenneth Johnstone, Director of Community Development e

ATTACHMENTS: I . Annexation Petition with attachments 2. Resolution No. 25-20 I 0

PETITION FOR ANNEXATION

PETITION FOR At"lNEXA TION TO THE CITY OF WHEAT RIDGE, COLORADO

THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state:

l. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property."

Ridge. 2. It is desirable and necessary that the Property be annexed to the City of Wheat

3. The following requirements ofC.R.S. § 31-12-104 exist or have bccn met:

a. Not less than 1I16th of the perimeter of the Property is contiguous with the City of Wheat Ridge.

b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the ncar future; and the Property is capable of being integrated into the City of Wheat Ridge.

4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following:

a.

b.

c.

d.

e.

f.

GEDl530271~69207.0'

The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership;

No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof.

No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality;

The entire width of all streets and alleys to be included within the area annexed are included.

The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district;

Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to

1

ATTACHMENT 1

--I I I

I

I ,. I I I· I

I·

I ,

landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge.

5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months.

6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A.

7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property.

B. This Petition is accompanied by four (4) copies of an arUlexation boundary map in the form required by CR.S. § 31-12-102(1 )(d) and attached Exhibit B.

9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document.

STATE OF COLORADO

LANDOWNER(S):

G. Randolph Young Mailing Address: 7500 W. 29~' Avenue Wheat Ridge, CO B0033

) ) s.s.

COUNTY OF 9~ ) SUbscribe~ and sworn to before me this J.1!!day of~ , 2010, by (J.R ... c:kfeJ... y,~

Witness my hand and official seal.

My commission expires: S/7 /.p..()/~

GED\53027\469207.01 2

AFFlDA VIT OF CIRCULAR IN SUPPORT OF PETITION

STATE OF COLORADO ) ) S.s.

COUNTY OF JEFFERSON )

}11 t' v "'-cD-/- h 'RPc;:eP,/being fIrst duly sworn states as follows:

a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein

b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners.

c. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be.

d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners.

CIRCULATOR

r~ Meredith S. Reckert

STATE OF COLORADO ) ) s.s.

COUNTY OF JEFFERSON )

Subscribed 'and 'swom to before me this A~ S.ICUk.~,.1-

WitnesS" my hand and official seal.

My commission expires: __ 61---,-i_7,--,-/.-"~,-",,,I'-¢L-__ _

, 2010, by

. ~~;r.:dl Notary Public

GED\53027\469207.01 1

[.

I I

EXHIBIT A

CASE NO. ANX-I0-02/S0TH & KIPLING STREET LEGAL DESCRIPTION

A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts I, 2 and 4, as platted in Arvada Ridge, according to the

Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 61h P.M., city of Arvada,

County of Jefferson, State of Colorado, being described by the following two parcels:

Parcel I: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said

Section 16, being described as follows:

Commencing at the east quarter comer of said Section 16, and considering the east line of the SE1I4 of said Section 16 to bear South 00°12' 10" east, with

all bearings contained herein, relative thereto; Thence along said East line, South 00° 12' I 0" East, 287.00 feet to the northeast comer of said Tract I, being on the boundary of said Ridge Borne Annexation and the point of

beginning; Thence along said Ridge Home Annexation boundary the following two courses:

(1) Along said east line of the SE 1/4, South 00°12' 10" East, I 0 I 0.94 feet to the Northwesterly line of the Public Service Company easement, as described in

Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73°52'54" West, 67.80 feet to the

westerly comer of said Tract 2;

Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses:

(I) Along a non-tangent curve to the left having a delta of 71 ° 40'06", a Radius of25.00 feet, an arc of3I .27 feet and a chord which bears north 38°02'51" east, 29.27

feet; (2) Then north 02°12'49" east, 306.77 feet to the East boundary of said Arvada Ridge;

Thence along said East boundary the following two courses:

(I) north 00° 14'00" west, 65. 10 feet; (2) thence along a curve to the right having a delta of 02°58' 17", a radius of 3859.70 feet, an arc 01'200.16 feet and a chord which bears north 01 °14'30" East, 200.14 feet to the southerly

comer of said Tract 1;

Thence along the westerly boundary of said Tract I the following two courses:

-1-

i I , .

(I) North 00°38 '47" East, 346.85 feet; (2) Thence North 00°51 ' 51 " East, 90.0 I feet to the northwest comer of said Tract I;

Thence along the north line of said Tract I, South 85°15'\7" East, 22.40 feet to the point of beginning.

The above described parcel contains 0.76 acres, more or less.

Parcel2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado.

The above described tract contains 0.03 acres, more or less.

-2-

--

I

EXHIBITB

ANNEXATION BOUNDARY MAP

[Attached]

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ANNEXATION MAP

KIPLING ANNEXATION FOR THE ANNEXATION TO THE CITY OF WHEAT R!OOE OF THE FOLLOWING: TRACTS \ 2, MiD 4

OF ARVADA RIOOE TOGETHER WITH PORTIONS OF KIPUNG STREET RIGHT-OF-WAY, LOCATED 11'11 1HE EAST V 2 OF SECTION 18, TOWt.!SHJP 3 SOUTH, RA.~ 6& WEST

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ANNEXA TI{)I t.! AP KlPUHC ANti£XA noo

SHm 2 OF 2

CITY OF WHEAT RIDGE, COLORADO Resolution No. 25

Series of 201 0

TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF LAND LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION

WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and

WHEREAS, pursuant to C.RS. Section 31-12-107, this City Council , sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.RS. 31-12-107(1) ; and

WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.RS. 31-12-107(1).

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS:

Section 1. The written petition for annexation substantially complies with C.RS. Section 31-12-107(1).

Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the 26th day of July, 2010, at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29th Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.RS. Sections 21-12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II , Section 30, as amended.

Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council.

Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this 14th day of June, 2010.

ATTACHMENT 2

- --

Jerry DiTullio, Mayor

ATTEST:


2

EXHIBIT 'A'

CASE NO. ANX-10-02/S0TH & KIPLING STREET LEGAL DESCRIPTION

A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6th P.M., city of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels:

Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows:

Commencing at the east quarter corner of said Section 16, and considering the east line of the SE1/4 of said Section 16 to bear South 00°12'10" east , with all bearings contained herein, relative thereto; Thence along said East line, South 00°12'10" East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses:

(1) Along said east line of the SE1/4 , South 00°12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W . No. 1049; (2) Thence along said Northwesterly line, South 73°52'54" West, 67.80 feet to the westerly corner of said Tract 2;

Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses:

(1) Along a non-tangent curve to the left having a delta of 71° 40'06", a Radius of 25.00 feet, an arc of 31 .27 feet and a chord which bears north 38°02'51 " east, 29.27 feet; (2) Then north 02°12'49" east, 306.77 feet to the East boundary of said Arvada Ridge;

Thence along said East boundary the following two courses:

(1) north 00° 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02°58'17", a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01°14'30" East, 200.14 feet to the southerly corner of said Tract 1;

Thence along the westerly boundary of said Tract 1 the following two courses:

3

(1) North 00°38'47" East, 346.85 feet; (2) Thence North 00°51'51 " East, 90.01 feet to the northwest corner of said Tract 1;

Thence along the north line of said Tract 1, South 85°15'17" East, 22.40 feet to the point of beginning.

The above described parcel contains 0.76 acres, more or less.

Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado.

The above described tract contains 0.03 acres, more or less.

- --

4

.' City of - --:P" Wheat RL..dge ITEM NO: ~J) I

DATE: June 14,2010


TITLE: MOTION TO APPROVE THE ANNUAL RENEWAL FOR THE CISCO NETWORK INFRASTRUCTURE EQUIPMENT IN THE AMOUNT OF $13,423.72 TO INSIGHT, INC.

D PUBLIC HEARING ~ BIDSIMOTJONS D RESOLUTIONS

QUASI-JUDICIAL:

Deputy City Manager

ISSUE:

D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING

D YES

for City Manager

The annual renewal of licensing and support of the existing Cisco network infrastructure equipment is necessary to maintain the core network infrastructure software and hardware for the entire enterprise. The annual renew of licensing and support will cost $13,423.72 which has been approved in the 20 I 0 IT Budget.

PRIOR ACTION: None.

FINANCIAL IMP ACT: $13,423.72 budgeted for 20 lOin the IT Budget

BACKGROUND: The proposed annual renewal of licensing and support of the existing Cisco network infrastructure equipment is necessary to maintain the software and hardware infrastructure for the enterprise. The annual renew of licensing and support will cost $13,423.72 of which the funds have been approved in the 20 I 0 IT Budget. This package is all inclusive for licensing, all technical support and hardware services. It includes software upgrades and bug fixes and patches, hardware maintenance, plus technical support to implement these software enhancements and fixes .

V:IForms\CAFtemplate

Council Action Form June 14,2010 Page 2

The continued renewal of the annual licensing and support contract is a strategic move to maintain and keep the Cisco network infrastructure system up to date. This will be advantageous to the City's Information Technology Division allowing for support and maintenance to be proactive.

I~ECOMMENDATIONS:

Staff recommends approval of the annual renewal for the Cisco network infrastructure equipment.

RECOMMENDED MOTION: "I move to approve the support and licensing renewal for the Cisco network infrastructure equipment to Insight, Inc. in the amount of$13,423 .72.

Or,

"I move to postpone indefinitely the renewal of the Cisco network infrastructure equipment to insight, Inc. for the following reason(s) "

REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Patrick Goff, Deputy City Manager

A TT ACRMENTS: 1. Insight Invoice

Michael Steinke

From: Sent: To: Cc: Subject:

Insight Public Sector SLED 6820 South Harl Ave Tempe, AZ, 85283-4318 Tel :8004674448

Quotation

Quotation Number

Robert Duncan <[email protected]> Tuesday, May 25, 2010 8:21 AM Michael Steinke ST of Colorado Team Quotation #0212110078 - City of Wheat Ridge - SmartNet Renewal (one year)

Creation Date

212110078 OS/25/2010

PO Number / Date Customer No. : 10390055 Sales Rep : Bob Duncan Email : [email protected] Telephone : 800-467-4448 X 5995

SOLD-TO PARTY

City of Wheat Ridge 7500 W 29th Ave 1st floor Wheat Ridge CO 80033

SHIP-TO ADDRESS

City of Wheat Ridge 7500 W 29th Ave 1st floor Wheat Ridge CO 80033

Dear Mike Steinke,

--

Thank you for considering Insight to be your trusted partners in addressing your evolving IT needs. We appreciate being considered as your solution source and look forward to making IT work for you.

We deliver according to the following terms:

Terms of Payment : Net 30 days Ship Via : Insight Assigned Carrier / Ground

1

ATTACHMENT 1

Terms of Delivery : FOB ORIGIN Currency : USD

Material Description Qty UnitPrice Extended Price

NOTE: SmartNet service contract for City of Wheat Ridge currently expires on 5/29/2010

(Below quotation is for One-Year Renewal. Please contact Bob Duncan for a three-year renewal option)

CON-SNT-C2950-1 Cisco SMARTnet extended service 1 47 .84 47.84 2 agreement - 1 year

SERIAL NUMBER: FOC0624Z02A

CON-SNT-26XX Cisco SMARTnet extended service 1 480.24 480.24 agreement - 1 year

SERIAL NUMBER: JMX0746L2CH

CON-SNT-C2950-1 Cisco SmartNet extended service 1 47.84 47.84 2 agreement - 1 year

SERIAL NUMBER: FOC0745Z19B

CON-SNT-WS-C450 Cisco SMARTnet extended service 1 2,548.40 2,548.40 7 agreement - 1 year

SERIAL NUMBER: FOX074706U4

CON -SNT-WS-C450 Cisco SMARTnet extended service 1 2,548.40 2,548.40 7 agreement - 1 year

5ERIAL NUMBER: FOX074706UL

CON-SNT-26XX Cisco SmartNet extended service 1 480.24 480.24 agreement - 1 year

SERIAL NUMBER: JMX0647L5ER

CON-SNT-AS2BUNK Cisco SMARTnet extended service 1 882.28 882.28 9 agreement - 1 year

SERIAL NUMBER: JMX1036K1JW

CON-SNT-356024P Cisco SMARTnet extended service 1 242.88 242.88 S agreement - 1 year

SERIAL NUMBER: CATl052ZUV


SERIAL NUMBER: CATl105ZHLL


2

--

--SERIAL NUMBER: CATlO52ZM9U

CON-SNT-356024P Cisco SMARTnet extended service 1 242.88 242.88

S agreement - 1 year SERIAL NUMBER: CA TlOS2ZM BP


S agreement - 1 year SERIAL NUMBER: CATlO52ZMAW


S agreement - 1 year SERIAL NUMBER: CATlOS2ZMFS

CON-SNT-ClSC018 Cisco SMARTnet extended service 1 111.32 111.32 41 agreement - 1 year

SERIAL NUMBER: FCZ111711VK

CON-SNT-3S6048P Cisco SMARTnet extended service 1 38S.48 385.48

S agreement - 1 year

SERIAL NUMBER: FD01052Z06K

CON-SNT-356048P Cisco SMARTnet extended service 1 385 .48 385.48


SERIAL NUMBER: FD010S2Z06F

CON-SNT-356048P Cisco SMARTnet extended service 1 385.48 38S.48


SERIAL NUMBER: FD01114XODG

CON-SNT-356048P Cisco SMARTnet extended service 1 38S.48 385.48

S agreement - 1 year SERIAL NUMBER: FD01114XOC9


S agreement - 1 year SERIAL NUMBER: FD01114XODB

CON-SNT-356048P Cisco SmartNet extended service 1 385.48 385.48

S agreement - 1 year SERIAL NUMBER: FD01114X099

CON-SNT-CISC018 Cisco SMARTnet extended service 1 111.32 111.32

41 agreement - 1 year SERIAL NUMBER: FCZ112012B2

CON-SNT-ClSC018 Cisco SMARTnet extended service 1 111.32 111.32

41 agreement - 1 year SERIAL NUMBER: FCZ112012B6

CON-SNT-CISC018 Cisco SMARTnet extended service 1 111.32 111.32

41 agreement - 1 year

3

SERIAL NUMBER: FCZ112012BC

CON -SNT-2821 Cisco SmartNet extended service agreement - 1 year

SERIAL NUMBER: FCZl13271JG

1 483.00 483.00

CON-SNT-356048P Cisco SMART net extended service 1 385.48 385.48 S agreement - 1 year

SERIAL NUMBER: FDOl132Z807


SERIAL NUMBER: FDOl132Z7Y9


SERIAL NUMBER: FDOl132Y407

CON-SNT-2851 Cisco SMARTnet extended service 1 676.20 676.20 agreement - 1 year

SERIAL NUMBER: FCZ1206703D

CONTACT PHONE: 303-235-2824 CONTACT EMAIL: [email protected] CONTACT NAME: MIKE STEINKE

Sub Total Tax

TOTAL

13,423.72 0.00

13,423.72

Please contact us with any questions or for additional information about Insight Public Sector SLED's complete IT solution offering. Again, thank you for considering Insight Public Sector SLED!

Sincerely, Bob Duncan 800-467 -4448 Ex :5995 [email protected]

4

--

City of

j?"WheatRL.dge ITEM NO: I, f. J

DATE: June 14, 2010


TITLE: RESOLUTION NO. 27-2010 - A RESOLUTION AWARDING THE ITB-I0-21 EMERGENCY WARNING SYSTEM PHASE ill TO AV-TECH ELECTRONICS IN THE AMOUNT $69,801.92 AND IN CONNECTION THEREWlTH, APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $76,781.92.

D PUBLIC HEARlNG D BIDS/MOTIONS [gJ RESOLUTIONS

D ORDINANCES FOR I ST READING D ORDINANCES FOR 2 ND READING

QUASI-JUD~~AL: DYES

-L-.-<. ~.,.;t-Director of Pu IC Works

ISSUE: The Emergency Warning System provides for a stand alone mass notification voice and siren system throughout the City. This project is the third and final phase of installing outdoor communication system units to notify the citizens of an emergency. This project phase will provide coverage for the south-east portion of the City. The completion of this phase will conclude the system installation covering the entire City.

On May 25, 2010, two bids were received. Both firms met the initial bid requirements. The apparent low bidder was AV-TECH Electronics, Inc. Wheat Ridge, CO in the total bid amount of $69, 801 .92. The company's references and experience were evaluated by Public Works Staff. AV-TECH Electronics has successfully completed previous phases for the City over the past several years.

PRIOR ACTION: None

V:IFormslCAFternplate

--

Council Action Form - Warning System June 14,2010 Page 2

FINANCIAL IMP ACT: The funding for this project is provided by a grant from the Jefferson County Emergency Communications Authority (JCECA) Board. However, the Board requires that the City fund the project cost and seek reimburse upon completion. A budget appropriation of $76,781.92 is required from the Capital Investment Program Fund to finance the project. Specifically, it is recommended that funding should be allocated to the Emergency Warning System line item of the Capital Improvement Program Budget to manage this project. The project reimbursement from JCECA board will occur in late 2010.

BACKGROUND: Bids for the Emergency Warning System Phase 01, #M-02-10, were opened on May 25, 2010. Two (2) bids were received. The bids ranged from $69,801.92 to $71,860.00. The Engineer's Estimate was $77,687.50.

The lowest responsible and responsive bidder, AV-TECH Electronics, Inc. of Wheat Ridge, Colorado, has met the bid and qualification requirements. Based upon the contractor's demonstTated capabi lities and experience on the Phase I and Phase n projects, staff recommends award to AV-TECH Electronics, Inc.

A 10% contingency amount of $6,980.00 is requested for the cost of other items related to the project.

This project will be funded through a grant from the JCECA Board which is comprised of county and municipal government agencies located in Jefferson and Broomfield counties. The project funds will be reimbursed by the Board once the project is complete.

RECOMMENDA nONS: Based upon the contractor's demonstrated capabilities and performance on previous phases for the City, staff recommends the bid be awarded to A V -TECH Electronics, Inc. Staff also recommends a budget appropriation of $76,781 .92 required to fund the project.

RECOMMENDED MOTION: "I move to approve Resolution No. 27-2010, a resolution amending the fiscal year 2010 Public Works Capital Investment Program budget to reflect the approval of a supplemental budget appropriation of $76,78 1.92 to fund the Emergency Warning System Phase Ill.

I further move to award the ITB-I 0-21, Emergency Warning System Phase III to A V-TECH Electronics, Golden, in the amount of$69,801.92, and that a contingency amount of$6,980 also be approved.

I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency anlOunt of $76,781.92 and all costs associated with the contract be paid from account number 30-610-800-814, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series."

Council Action Form - Warning System June 14,2010 Page 3

Or,

" I move to deny award of ITB-l 0-21 Emergency Warning System Phase lJ[ Project for the foUowing reason(s) "

REPORT PREPARED AND REVIEWED BY: Steve Nguyen, Engineering Manager Linda Trimble, Purchasing Agent Tim Paranto, Director of Public Works

ATTACHMENTS: 1. Project Map 2. Bid Tab Sheet 3. Resolution No. 27-2010

--

~-------------------------------------------------------------------------------------------------------------------------------------.----------------------------~i.-< - ""'!"O" .- "- "-

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-

ALL EWS LOCATIONS M-02- \O

LEGEND

i Emergency Warning Srens

• :lIMa.-

E:J 2010_EINS_Range D City of IJ'vheat Ridge Boundary

D ---. D Slrens_2009_Range --.,.--_ .... _----- --,.,-.\,1 ... """'---- --"",00 __ -

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City 01 WIt .. ~ COIOraOo 7500 W ... 291n ... ...." ... 'MIla! Ridvt. co &OO33-aOO1 303.:nU900 c.-.TE; 04110&12010

~ U <C E-

~

, I PROJECT: ITB·l0·21 EMERGENCY WARNING SYSTEM PHASE III

BID DUE DATEITIME: MAY 25,2010 BY 2:00 OUR CLOCK

City of

:?WheatRLdge AV TECH WASHINGTON

ELECTRONICS

NO

KS

YES

YES YES

YES YES YES YES YES YES YES YES

YES YES NONE

INCLUDED NONE NONE NONE

71 .00

REQUESTED BY:PIW

OPENED BY: LINDA TRIMBLE PURCHASING AGENT -WITNESSED BY: AMY VANDER MEER, PURCHASING TECHNICIAN~~

TITLE:


Series of 201 0

A RESOLUTION AMENDING THE FISCAL YEAR 2010 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPPRIATION TO FUND THE EMERGENCY WARNING SYSTEM PHASE III.

WHEREAS, the City Council wishes to complete the third and final phase of installing outdoor communication system units to notify the citizens of an emergency; and

WHEREAS, the City has selected , by an established process, a contractor to perform the next phase of the emergency warning system;

WHEREAS, the City has secured a grant with the Jefferson County Emergency Communications Authority (JCECA) Board, which is comprised of county and municipal government agencies located in Jefferson and Broomfield counties, to perform the next phase of the system installation;

WHEREAS, the said amount is to be transferred from the CIP fund balance to the Emergency Warning System project account to finance the project cost and the City will seek reimbursement from JCECA upon project completion ;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that:

1. Budget Amended - The City of Wheat Ridge fiscal year 2010 CIP Budget is amended to transfer an amount of $76,781 .92 from CIP Fund Balance to line item 30-610-800-814 for the Emergency Warning System Phase III Project.

2. Project Award - The Emergency Warning System Phase III Project is awarded to AV-TECH Electronics in an amount of $69,801.92.

3. This Resolution shall be effective immediately upon adoption.

DONE AND RESOLVED this _ _ day of _____ , 2010.

Jerry DiTullio, Mayor ATTEST:


ATTACHMENT 3

--

• City of

J?"WheatRL.dge ITEM NO: [2~

DATE: June 14, 2010


TITLE: COUNCIL BILL NO. 09-2010 - AN ORDINANCE AMENDING A PLANNED INDUSTRIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN FOR CONSTRUCTION OF A PUBLIC FIRE STATION ON PROPERTY LOCATED AT 5250 OAK STREET (CASE NO. WZ-IO-03/SKYLINE ESTATES #3)

D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS

~ ORDINANCES FOR 1ST READING (06114/2010) D ORDINANCES FOR 2ND READING (06/28/2010)

QUASI-JUDICIAL: ~ YES

(0< Community Developme l Director

ISSUE:

D NO

.Qav~

- --

The applicant is requesting approval of an amendment to a Planned Industrial Development (PID) Outline Development Plan (ODP) for property located at 5250 Oak Street for construction of a public fire station.

This case is being processed with a "specitic" ODP which is the last step of the planned development zone change process. If approved, the applicant can proceed to administrative Final Development Plan (FDP) and building permit.

The Planning Commission recommended approval of this request at a public hearing held on May 20, 20 I O.

PRIOR ACTION: The property in question was part of a 17.67 acre tract which was rezoned from Agriculture-One (A-I) to Planned Residential Development (PRD) and Planned Industrial Development (PID) in 2003 as Skyline Estates, Filing 3. A subsequent subdivision plat for the entire development and

Council Action Fonn Case No. WZ-10-03 June 14, 2010 Page 2

a Final Development Plan (FDP) for the residential portion was approved in 2004. The portion zoned PID (subject parcel) is currently vacant, while the residential portion of the development is built-out.

[n 2009, the property was subject to a zone change process which was approved to add an additional permitted use (public fire station) with a conceptual ODP. City Council held a public hearing and approved the request on March 8, 2010.

The applicant, Arvada Fire Protection District (AFPD), is requesting approval of a specific ODP so they can proceed to administrative FDP and building pennit.

Planning COtnrrllssion reviewed the subject application at a public hearing held on May 20, 2010 and gave a recommendation of approval for the following reasons:

I. It will allow AFPD to proceed to the administrative FDP stage and building permit. 2. The proposed ODP amendment for a specific plan is consistent with the standards

established on the underlying plan. 3. The proposed use will provide a buffer and land use transition from the industrial uses on

the south side of Ridge Road to the residential neighborhood to the north. 4. The evaluation criteria support approval of the request.

With the following conditions:

I. The title of the document be modified to be Amendment No.2. 2. Public Works' suggested language regarding an emergency signal be added to the plan. 3. On the elevation sheet, the reference to EIFAS be changed to stucco.

The applicant has incorporated all of the recommended conditions of approval into the plan set to be reviewed at the June 28 public hearing.

FINANCIAL IMPACT: One-time fees for the zone change were submitted with the application. A future application for administrative PDP will require a new application and processing fees. Building permit fees and use tax will be assessed at the time of building permit.

BACKGROUND: The property in question is zoned Planned Industrial Development (PID) having been rezoned from A-I , Agriculture-One, in 2003 . Of the total 17.67 acres of Skyline Estates Filing 3, the northern 14.49 acres were rezoned to Planned Residential Development (PRD), with the southern 2.79 acres zoned plD (subject property). An ODP plan was approved which set allowable uses and general development parameters for the two different zonings within the development.

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Council Action Form Case No. WZ- I 0-03 June 14,20 10 Page 3

The property was subsequently subdivided into 38 parcels with the northern 37 being developed into a single family residential neighborhood. All public improvements associated with the development, including the installation of curb, gutter and sidewalk and detention/drainage facilities were constructed with the residential portion. While permitted uses and design parameters were established for the PID zoned lot, no development of the property occurred and it remains vacant. Tn the spring of2010, City Council approved a request to add the use ofa public fire station to the list of permitted uses in the ODP pursuant to Case No. WZ-09-09.

The proposed specific ODP document which will be included in Council 's June 28 th packet will contain the following four sheets: I). declaration page/certifications, 2). list of uses and detailed site plan, 3). exterior elevations, and 4). perspective drawing.

The existing site plan for the property (sheet 2) is a refinement of the "sketch plan" included on the recently approved conceptual ODP document. All minimum development standards required by the conceptual ODP have been met including minimum landscaped coverage, maximum building coverage and the 35 ' height limitation. The one exception is the requirement for transparency for commercial and industrial development specified in the Architectural and Site Design Manual (ASDM).

The ASDM provides "transparency of ground floor facades facing any street or pedestrian way, regardless of distance, shall be at least 60% and not more than 85% .. .. ... for corner lots, the minimum percentage of transparency can be allocated from one street fac;:ade to another. At no time can the percentage of transparency on a street frontage be less than 30%." The applicant has provided an analysis of the transparency and indicates that it is 14% on the north-facing elevation, 20% on the south-facing elevation and 19.4% on the fayade facing Oak Street.

The transparency standard in the manual has been written for a retail context and does not lend itself to this type of quasi-public facility. In addition, the property has three street frontages which could be considered a hardship. Because this is a planned development, there is flexibility in application of the standards. Given the unusual site conditions and residential building appearance, Staff is comfortable with the reduction in transparency as other requirements in the AS OM have been exceeded.

The application has been through a standard City and outside agency referral process. No issues of concern have been raised. Public Works has requested specific language be incorporated into the plan set regarding the potential need for a future emergency signal at the Ridge Road/Oak Street intersection. That language has been added to the ODP plans.

The Planning Commission staff report and minutes will be attached for additional background on this application at the time of second reading.

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Council Action Fonn Case No. WZ-I 0-03 June 14,2010 Page 4

RECOMMENDATIONS: Staff has concluded that prior to proceeding to the Final Development Plan stage and building permit, an amended Outline Development Plan document must be approved which is consistent with the provisions for a specific ODP. Staff has further concluded that the criteria used to evaluate a zone change request support approval of this application.

Staff is giving a recommendation of approval for the following reasons: • There have been changes to the area due to the construction of the three filings of the

Skyline Estates residential commuruty. • The application is consistent with several of the identified goals in the Comprehensive

Plan. • The use will have less of an impact than what could be built on the property under the

existing zorung conditions. • All infrastructure is already in place. • There will be a positive impact on the health, safety and welfare of residences and

businesses in the area due to better emergency response times and proximity of the new station.

• Staff concludes that the plan amendment meets or exceeds the development standards established by the conceptual ODP.

• Although the application does not meet the transparency requirements specified in the ASDM, there are other requirements which have been exceeded.

RECOMMENDED MOTION: "I move to approve Council Bill No. 09-20 I 0, Case No. WZ-l 0-03, a request for approval of an amendment to a Planned Tndustrial Development Outline Development Plan to allow construction of a public fire station on property located at 5250 Oak Street, on first reading, order it published by title in a newspaper and in full on the City's website, public hearing set for Monday, June 28, 2010 at 7 p.m. in the City Council Chambers, and that it take effect 15 days after publication."

Or,

" [ move to deny Council Bill No. 09-20 I 0, a request for approval of an amendment to a Planned industrial Development Outline Development Plan for the following reason(s)

"

REPORT PREPARED BY: Meredith Reckert, Senior Planner Kermeth Johnstone, Community Development Director

A TT ACHMENTS: 1. Council Bill No. 09-2010

--

TITLE:

CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER::-::-_ _____ _

Council Bill No. 09 Ordinance No. ~.,..,.... __ _

Series of 2010

AN ORDINANCE AMENDING A PLANNED INDUSTRIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN FOR CONSTRUCTION OF A PUBLIC FIRE STATION ON PROPERTY LOCATED AT 5250 OAK STREET (CASE NO. WZ-10-03/SKYLINE ESTATES FILING 3/ARVADA FIRE PROTECTION DISTRICT)

- --

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT:

Section 1. Upon application by Arvada Fire Protection District, approval of an amendment to a Planned Industrial Development Outline Development Plan to allow construction of a fire station on property located at 5250 Oak Street and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council , an amendment to a Planned Industrial Development Outline Development Plan is approved for the following described land:

A PARCEL OF LAND SITUATED IN THE WEST Y2 OF THE SOUTHWEST Y. OF THE NORTHEAST Y. OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 W OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, LYING NORTH OF THE COUNTY ROAD KNOWN AS RIDGE ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST Y. OF SAID SECTION 16, THENCE NOo013'11"W, ON AND ALONG THE WEST LINE OF SAID NORTHEAST y., 71 .25 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF RIDGE ROAD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NOo013'11"W ON AND ALONG THE WEST LINE OF SAID NORTHEAST y., 297.50 FEET; THENCE EASTERLY, 19.60 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 74°51'41" AND IS SUBTENDED BY A CHORD THAT BEARS N37"12'39"E, 18.23 FEET; THENCE N74°38'30"E, 78.59 FEET; THENCE EASTERLY, 71 .76 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 275.00 FEET, A CENTRAL ANGLE OF 14°57'04" AND IS SUBTENDED BY A CHORD THAT BEARS N82°07'02"E, 71 .56 FEET; THENCE N89°35'34"E, 140.02 FEET; THENCE SOoo04'48"E, 262.09 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID RIDGE ROAD; THENCE S74°38'30'W, ON AND ALONG SAID RIGHT OF WAY LINE, 307.93 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.01 AC (87,731 SF) MORE OR LESS.

Section 2. Vested Property Rights. Approval of th is amendment to a Planned Industrial Development Outline Development Plan does not create a vested property right.

ATTACHMENT 1

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 of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.

--

Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 5. Supersession 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 to ----,-,..,..".--_ on this 14th day of June, 2010, published by title in a newspaper and in full on the City of Wheat Ridge website and consideration on final passage set for June 28,2010, 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 28th day of June, 2010.

SIGNED by the Mayor on this ___ day of _ _______ , 2010.


ATTEST:


Approved as to form by City Attorney

Gerald Dahl , City Attorney

2

15t publication: 2nd publication: Wheat Ridge Transcript Effective Date:

--

3

_ • City of .

j?"WlieatRL-dge [TEMNO:~

DATE: June 14, 2010


TITLE: COUNCIL BILL NO. 10-2010 AN ORDINANCE AMENDING SECTION 22-68 OF THE WHEAT RIDGE CODE OF LAWS TO PERMIT WAIVER OF USE TAX

o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS

QUASI-JUDICIAL:

~f Community Deve[opme

ISSUE:

1:8] ORDINANCES FOR 1ST READING (6/ 14/2010) o ORDINANCES FOR 2ND READING (6/28/20 I 0)

DYES 1:8] NO

Director Ooo-u .. M~

(O'fCity Manager

Section 22-68 of the Wheat Ridge Code of Laws establishes the requirement to pay use tax on construction materials for aJl construction projects within the City, without exception. Chapter 22, Division 5 of the Wheat Ridge Code of Laws establishes a Business Development Zone Program. That program allows the City Council to establish Business Development Zones and within those Zones, waive certain fees and taxes that would otherwise apply to new development and redevelopment. Specifically, Section 22-87 establishes eligible fees that can be waived through the program to include: use tax on building materials, building permit fees and zoning fees. Section 22-68 and Section 22-87 are internally in conflict. The proposed ordinance would clarify in the Code of Laws that certain fee waivers can be approved by City Council through the Business Development Zone Program.

PRIOR ACTION: City Council has been briefed on the Business Development Zone Program and the conflicting statutes at a previous study session. The previous briefing also included a discllssion of the package of City and Renewal Wheat Ridge development incentives that are being developed as part of the City ' s economic development strategic planning efforts. The package of incentives, when finalized, will be presented at a future City Council study session.

V :\Fonns\CA Ftemplate

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Council Action Fonn June 14, 2010 Page 2

FINANCIAL IMPACT: The Business Development Zone Program allows City Council to waive all , or a portion of the building use tax and building permit and zoning fees on eligible projects. Those fees and taxes would otherwise generate revenue into the City's general fund. However, the intent of the program is that the development that is created through the program will create either direct financial benefit to the City through increased use tax or indirect financial benefit to the City by stimulating additional development in the surrounding area.

BACKGROUND: The Business Development Zone Program has been established in the municipal code as an incentive to stimulate development and reinvestment in targeted areas of the City. The program gives City Council the ability to establish Business Development Zones. Within those Zones, upon application from a private entity, the City COlmcil can then waive all or a portion of the building permit and zoning fees and building use tax that would otherwise be assessed in association with the development that occurs. The program has certain application requirements and the intent of the program is that over time, the development itself, or the spillover development that occurs as a result of the development, will offset the fees that are initially waived. The fees that are waived need to be funneled back into the project, to offset specific development costs. Preference is to be given to projects where the fees waived go to offset project costs that have a public or quasi-public benefit.

The Program provides criteria for City Council to use in reviewing applications for waivers, including: the amount of public benefit to he derived from the project, the amount of future incremental sales and use tax to be generated as a result of the redevelopment; and compliance with the City's comprehensive plan. City Council also has the ability to grant exceptions to specific provisions of the Program, by '!. vote of City Council, upon a finding that the proposed development is in the public' s interest and will provide substantial public benefit.

RECOMMENDATIONS: Staff is recommending approval of the ordinance, which would correct the discrepancy in the Code of Laws whereby the Business Development Zone Program is in direct conflict with the prohibition from waiving building material use tax contained in Section 22-68. We believe this is the simplest way to allow City Council to establish specific Business Development Zones and consider requests to waive building permit fees and use tax for future development and redevelopment projects in the City.

Alternatively, the City Council discussed two other options: I) create a new program that would give City Council the ability to waive certain building permit fees and building use tax for targeted projects; and 2) amend the Business Development Zone Program to apply to a broader range of development scenarios. Staff does not believe it is necessary to create a new program or alter the existing program.

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Counci l Action Form June 14, 2010 Page 3

RECOMMENDED MOTION: " I move to approve Council Bill No. 10-2010 on first reading, order it published and set the public hearing for Monday, June 28, 2010 at 7 :00 p.m. in City Council Chambers, and that it will take effect 15 days after publication."

Or,

" I move to indefinitely postpone Council Bill No. 10-2010 for the following reason(s) "

REPORT PREPARED BY: Kenneth Johnstone, Community Development Director

ATTACHMENTS: 1. Council Bill No. 10-2010

--

CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _

Council Bill No. 10 Ordinance No. =-:-=--__

Series 2010

TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO PERMIT WAIVER OF USE TAX

WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and

WHEREAS, the City Council has exercised these powers by the adoption of Chapter 22 of the Wheat Ridge Code of Laws concerning taxation; and

WHEREAS, the Council has adopted a use tax on building materials and supplies; and

WHEREAS, Article I, Division 5 of said Chapter 22. entitled "Business Development Zone," provides for the waiver of use taxes and certain other City fees in connection with eligible development or redevelopment projects; and

WHEREAS, the Council wishes to enhance the effectiveness of the Business Development Zone program by reference thereto in the section of the Code of Laws pertaining to the use tax.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:

Section 1. Code Section 22-68 Amended

Section 22-68 of the Wheat Ridge Code of Laws is amended by the addition of a new sUbsection (c), to read as follows:

(c) The city council may approve waivers of the use tax imposed by this section through the Wheat Ridge Business Development Zone program established at code sections 22-86 through 22-96.

Section 2. Severability. Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed .

ATTACHMENT 1

- --Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.

INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 14th day of June, 2010, 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 the 28th day of June, 2010 at 7:00 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 , 2010.

SIGNED by the Mayor on this __ day of _____ , 2010.

ATTEST:


First Publication: Second Publication: Wheat Ridge Transcript Effective Date:


Approved as to Form

Gerald E. Dahl, City Attorney

City of

?Wheat~ge

ITEM NO : ~' DATE: June 14,2010


- --

TITLE: COUNCIL BILL NO. 11-2010 - AN ORDINANCE EXTENDING THE MORATORIUM ENACTED BY SECTION 2 OF ORDINANCE 1453, SERIES 2009 ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A CITY OF WHEAT RIDGE PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS OR COOPERATIVE THAT SELLS OR CULTIVATES MEDICAL MARIJUANA

o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS

QUASI-JUDICIAL:

City Attorney

ISSUE:

t8J ORDfNANCES FOR 1ST READfNG (06114/2010) o ORDfNANCES FOR 2ND READING (06/28/20 I 0)

DYES t8J NO

On September 14,2009, Council adopted Ordinance 1453, Series 2009, which enacted a temporary moratorium on the issuance or consideration of any City license or permit concerning medical marijuana dispensaries. On March 8, 2010, Council adopted Ordinance 1459 which extended the moratorium until July 13, 20 I O. One purpose for extending the moratorium was to allow the state to adopt a law concerning the regulation of medical marijuana dispensaries and cultivation operations. The General Assembly enacted House Bill 10-1284 which regulates the sale, distribution, cultivation, growth and manufacture of medical marijuana throughout the state.

Through House Bill 10-1284, the General Assembly enacted the Colorado Medical Marijuana Code into Article 43 .3 of Title 12, C.R.S. (the "Code"). The Code is a new state and local licensing model for the sale, distribution, cultivation, growth and manufacture of medical marijuana and medical marijuana-infused products. The Colorado Department of Revenue ("DOR") is named as the state's licensing authority. To implement provisions of the Code, the


DOR is authorized to adopt emergency rules. The DOR must hold a hearing on those rules by September 1,2010. Any rules to implement the Code will likely impact any licensing model adopted by the City. The Code authorizes the City to extend its existing temporary moratorium until the effective date of the rules adopted by the DOR. The attached Ordinance will extend the moratorium until that date. This will provide sufficient time for the state to finalize its regulatory model and allow Council to consider appropriate regulations for implementation in the City that are consistent with state law.

PRIOR ACTION: Counci l adopted Ordinance 1453, Series 2009, on September 14,2009 as an emergency ordinance. Ordinance 1453 enacted a temporary ninety day moratorium on the issuance or consideration of any City license or permit concerning medical marijuana dispensaries.

Council adopted Ordinance 1457, Series, 2009, on second reading on November 23, 2009. Ordinance 1457 extended the moratorium in Ordinance 1453 for an additional ninety days.

Council adopted Ordinance 1459, Series 20 10, on second reading on March 8, 2010. Ordinance 1459 extended the moratorium in Ordinance 1453 until July 13,2010.

FINANCIAL IMPACT: The City will not receive permit or license fees for any new applications concerning medical marijuana dispensaries during the moratorium period.

BACKGROUND: In November 2000, the people of the State of Colorado adopted Amendment 20 which amended the Colorado Constitution by adding Article XVlll Section 14 thereto. Under Amendment 20 certain persons are protected from criminal prosecution under state law for the acquisition, possession, production, use or transportation of marijuana for medical purposes. Amendment 20 does not protect tbose persons from criminal prosecution under federal law. In the spring of 2009, United States Attorney General Eric Holder issued a statement that his office would not seek to prosecute individuals who were acquiring marijuana for medical purposes to the extent that such activity was allowed under state law. As a result of that announcement and limited rule making by the Colorado Department of Public Health and Environment in July of2009, communi ties along tbe Front Range saw a noticeable increase in establi shments operating as "medical marijuana dispensaries." Amendment 20 does not discuss "medical marijuana dispensaries" or the retail or for profit sale of medical marijuana.

The City enacted the moratorium to allow the state to develop laws regulating medical marijuana operations. On May 12,2010, the General Assembly adopted House Bill 10-1284 concerning the regulation of the sale, distribution, cultivation, growth and manufacture of medical marijuana and medical marijuana-infused products. This bill was signed into law by the Governor on June 7, 2010. The bill prohibits primary caregivers from sell ing medical marijuana for a profit and imposes numerical Iirnits on the number of patients for whom those caregivers can lawfully provide services under Amendment 20. In conjunction with limiting the application of the

--

Council Action Form June 14,2010 Page 3

provisions in Amendment 20, House Bill 10-1284 enacts the Code which creates a new state and local licensing model for medical marijuana business operations.

This licensing model requires implementation by the state's licensing authority, the DOR. The Code authorizes the DOR to adopt emergency rules to implement its provisions. These emergency rules will be adopted by the DOR this summer with a hearing on the rules to be held by September 1, 2010. Those rules will likely impact any regulation adopted by the City. In recognition of this impact, the Code authorizes the City to extend its existing moratorium until the DOR rules become effective.

Through Ordinance 1453, Council directed staff to begin investigating and drafting regulations for its consideration concerning medical marijuana dispensaries before the expiration of the moratorium. Staff has presented Council with draft regulations. Those regulations were drafted prior to the enactment of the Code. Council should consider extending the moratorium until the erfective date of the DOR rules so that the City'S regulations can be consistent therewith. In the interim, Staff will amend the current draft regulations for consideration by Council before the moratorium expires. This will allow the City to develop appropriate regulations in preparation for the state's implementation of this new business licensing model.

RECOMMENDATIONS: City staff recommends adoption of this Ordinance.

RECOMMENDED MOTION: " I move to approve Council Bill No. 11-20 I 0, on flrst reading, order it published, public hearing set for Monday, June 28, 2010 at 7 p.m. in City Council Chambers, and that it shall take effect upon adoption.

Or,

"I move to table indefmitely Council Bill No. 11-2010 extending the moratorium for medical marijuana dispensaries for the following reason(s) "

REPORT PREPARED BY: Gerald E. Dahl , City Attorney

ATTACHMENTS: I. COllllcil Bill No.1 1-2010

--

CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _

Council Bill No. 11 Ordinance No. ___ _

Series 2010

TITLE: AN ORDINANCE EXTENDING THE MORATORIUM ENACTED BY SECTION 2 OF ORDINANCE 1453, SERIES 2009 ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A CITY OF WHEAT RIDGE PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS OR COOPERATIVE THAT SELLS OR CULTIVATES MEDICAL MARIJUANA

WHEREAS, on September 14, 2009 City Council for the City of Wheat Ridge, Colorado ("City Council") adopted Ordinance 1453, Series 2009, which Ordinance enacted a temporary moratorium on the submission, acceptance, processing, and approval of all applications for City permits and licenses relating to the operation of businesses or cooperatives that sell, distribute or cultivate medical marijuana ("Medical Marijuana Dispensaries"); and

WHEREAS, on March 8, 2010, City Council adopted Ordinance 1459, Series 2010, which extended that moratorium until July 13, 2010; and

WHEREAS, on November 23, 2009 City Council adopted Ordinance 1457, Series 2009, which extended that moratorium until March 13, 2010; and

WHEREAS, one purpose for extending the moratorium was to allow state officials time to address and possibly regulate or limit the operation of Medical Marijuana Dispensaries on a state-wide basis; and

WHEREAS, Colorado House Bill 10-1284 concerning the regulation of the cultivation, sale, distribution and manufacture of medical marijuana on a state-wide basis was signed into law by the Governor on June 7,2010; and

WHEREAS, through House Bill 10-1284, the General Assembly enacted the Colorado Medical Marijuana Code at Article 43.3 of Title 12, C.R.S. (the "Code") ; and

WHEREAS, the Code is a new state and local licensing model for the cultivation, sale, distribution and manufacture of medical marijuana which will be implemented by the Colorado Department of Revenue, state's licensing authority; and

WHEREAS, the Code authorizes the Colorado Department of Revenue to adopt emergency rules to implement the Code's provisions ; and

WHEREAS, those rules will likely impact pursuant to subsection 202(1)(b)(I) of the Code, municipalities are authorized to extend any temporary moratorium concerning

the sale, cultivation , distribution or manufacture of medical marijuana until the effective date of the Colorado Department of Revenue's rules; and

WHEREAS, extending the moratorium enacted by Ordinance 1453 until the Colorado Department of Revenue's rules become effective will provide City staff and City Council with additional time to investigate, develop, and if appropriate, adopt and implement regulations with respect to Medical Marijuana Dispensaries consistent with state law; and

WHEREAS, proprietors of Medical Marijuana Dispensaries will not be unduly prejudiced by the imposition of such moratorium.

- --

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO:

Section 1. Findings and Intent. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the City Council of the City of Wheat Ridge.

Section 2. Extension of Moratorium on Applications For Permits and Licenses Related to Businesses That Cultivate and/or Sell Medical Marijuana. Upon the adoption of this Ordinance, the moratorium imposed in Section 2 of Ordinance 1453, Series 2009 shall be extended until the rules that are adopted by the Colorado Department of Revenue pursuant to the authority granted it in the Code become effective. The City staff is directed to continue refusing to accept for filing , and not to process or review, any new applications for permits or licenses related to Medical Marijuana Dispensaries during the moratorium period.

Section 3. Authority. The City Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.RS. ; (ii) Part 3 of Article 23 of Title 31, C.RS. (concerning municipal zoning powers) ; (iii) Section 31-15-103, C.RS. (concerning municipal police powers); (iv) Section 31-15-401 , C.RS. (concerning municipal police powers); (v) Section 31-15-501, C.RS. (concerning municipal power to regulate businesses); (vi) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; (vii) the powers contained in the City of Wheat Ridge, Colorado Home Rule Charter (the "Charter"); and subsection 12-43.3-202(1)(b)(I) , C.RS. (concerning medical marijuana) .

Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ord inance 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. Severability; Conflicting Ordinances Repealed . If any section , subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances, parts of ordinances or codes adopted thereby in conflict with the provisions of this ordinance or the code or ordinance adopted hereby are hereby repealed .

Section 6. Effective Date. This Ordinance shall take effect upon adoption , as permitted by Section 5.11 of the Charter.

INTRODUCED, READ, AND ADOPTED on first reading by a vote of to --""7 on this 14th day of June, 2010, ordered published by title in a newspaper of general circulation in the City of Wheat Ridge in full on the City's website, public hearing and consideration on final passage set for the 28th of June, 2010, at 7 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 , 2010.

SIGNED by the Mayor on this _ __ day of _ ________ ,' 2010.

ATTEST:


First Publication: Second Publication: Wheat Ridge Transcript Effective Date:


Approved As To Form

Gerald E. Dahl , City Attorney

--

City or -rWheat~dge

ITEMNO:~ DATE: June 14,2010


TITLE: MOTION TO RECONSIDER RESOLUTION NO. 24-2010 FOLLOWED BY A FURTHER MOTION TO REAPPROVE THE RESOLUTION AS AMENDED

o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS

o ORDINANCES FOR I ST READING o ORDINANCES FOR 2 ND READING

QUASI-JUDICIAL: 0 YES

~~" """ 'l.,,,,\ "'-'J City Clerk ~

ISSUE: Resolution No. 24-2010 passed at the Regular City Council Meeting on May 24, 20 I O. The Resolution created the Citizen 's Exploratory Committee (CEC) for the purpose of public education and debate regarding the effectiveness and efficiency of various forms of City Government. Per Council rules, a member of the prevailing side of Council can reconsider a vote from the previous Council meeting. Council member Sites and Mayor DiTullio are requesting reconsideration of Resolution 24-20 I O. The purpose of the reconsideration is to add additional members to the CEC Committee to further transparency and openness in Wheat Ridge Government.

PRIOR ACTION: Resolution 24-2010 creating the Citizen' s Exploratory Committee (CEC) was introduced to Council on May 24, 2010, and passed 7-1 with Council member Sang voting no.

FrNANCIAL IMPACT: None

BACKGROUND: None

V :IF ormslCA Flem plate

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Council Action Form June 14,20 10 Page 2

RECOMMENDATIONS: Add additional members to the CEC

RECOMMENDED MOTIONS:

MOTION #1: "I move to reconsider Resolution 24-2010 as amended"

Or,

" I move to table indefinitely the reconsideration of Resolution 24-20 I 0 for the following reason(s) "

MOTION #2 (if MOTION #1 Passed): r move to amend Resolution 24-2010 and APPOINT ________ , etc, to the CEC ------

MOTION #3: I move to approve Resolution 24-20 I 0, as amended.

REPORT PREPARED BY: Prepared by: Janice Smothers, Admin. Assistant to the Mayor and City Council Reviewed by: Michael Snow, City Clerk

ATTAOJMENTS: I . Proposed Amendment to Resolution 24-20 I 0

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TITLE:


Series of 2010

A RESOLUTION AMENDING RESOLUTION NO. 24, SERIES 2010 CREATING THE CITIZENS' EXPLORATORY COMMITTEE (CEC) FOR THE PURPOSE OF PUBLIC EDUCATION AND DEBATE REGARDING THE EFFECTIVENESS AND EFFICIENCY OF VARIOUS FORMS OF CITY GOVERNMENT

WHEREAS, on May 24, 2010, the City Council adopted Resolution No. 24 Series 2010, creating a Citizen's Exploratory Committee; and

WHEREAS, the City council wishes to amend said Resolution to expand the membership, duties and scope of the Committee; and

WHEREAS, the Wheat Ridge Home Rule Charter (the "Charter") defines the governmental structure in the City of Wheat Ridge; and

WHEREAS, the recitals contained in Resolution No. 24 Series 2010, are incorporated by this reference.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:

The operative sections of Resolution No. 24, Series 2010 are hereby amended to read in their entirety as follows, with new material in bold face type:

A CITIZENS' EXPLORATORY COMMITTEE IS HEREBY FORMED TO STUDY THE EFFECTIVENESS AND EFFICIENCY OF THE COUNCIL-MANAGER FORM OF GOVERNMENT, OTHER FORMS OF CITY GOVERNMENT AND THE ASSOCIATED WHEAT RIDGE CITY CHARTER ISSUES, WITH THE FOLLOWING CONDITIONS:

1. The committee will make recommendations to the City Council on each form of government studied.

2. The committee will report its findings on forms of government to the City Council by July 14, 2010.

3. An independent advisor will be selected to facilitate the meetings. 4. The Office of the City Manger will provide staffing to record minutes of committee

meetings, broadcast committee meetings on Channel 8, and create a committee web page on the City's website.

5. All necessary funding shall be taken out of general government-legislative services and/or Office of City Manager budget accounts.

6. The committee shall consist of the following citizens and civic leaders:

ATTACHMENT 1

a. State Senator Maryanne "Moe" Keller b. Amy Sherman, President & CEO, West Chamber c. Cheryl Wise, Wheat Ridge Business Owner d. Larry Shultz, Wheat Ridge Treasurer e. Ron Abo, Principal, The Abo Group, Resident and Board Member f. Gretchen Cerveny, former Mayor and resident g. Larry Merkle, former City Counselor h. Nancy Snow, former City Counselor i. Ralph Mancinelli, former City Counselor

7. The committee shall have authority to set meeting times, procedures and scope of investigation subject to authorization by the City Council for additional staff time and consultant funding.

This Resolution shall be effective immediately upon adoption.

DONE AND RESOLVED this 14th day of June, 2010.

Jerry DiTullio, Mayor ATIEST:

Michael D. Snow, City Clerk

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Ci ty of

-PWheatRLdge ITEM NO: G,

DATE: June 14,20 10


TITLE: RESOLUTION NO. 26-2010 - A RESOLUTION APPROVING DISCOVERY PARK AS THE NAME FOR THE NEW PARK LOCATED AT 38T11 AND KIPLING

o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS

o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING

DYES o NO {)~w.iddU

for Director Parks and ec ation f#f City Manager

ISSUE: A new park located at 38th and Kipling is currently being constructed. Proposals were solicited by the Parks and Recreation Commission trom the community for suggested names for the new park. The process for the naming of Parks and Recreation Department facilities is defined in the " Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities." The policy states that the Parks and Recreation Commission, a Commission of eight citizen volunteers appointed by City Council, recommends a park name based on the policy criteria.

The Parks and Recreation Commission recommended the name Discovery Park for new park located at 38th and KipLing. The Commission would like to recognize and thank the Prospect Valley Elementary School 2nd Grade class for this submittal.

PRIOR ACTION: The 1992 policy was revised by the Parks and Recreation Commission in 2008 and recommended to City Council for adoption. City Council adopted the "Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities" on February 23, 2009.

FINANCIAL IMPACT: There is no additional financial impact. Park identi fication and location signs are included in the park construction budget.

V :IFormslCA Ftemplate

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BACKGROUND: An extensive public process to gather naming proposals was initiated by the Commission with the intent of soliciting public input and participation in the naming process. Notices and information were posted on the City' s web site. A press release was distributed to local newspapers, and a flyer was distributed to local schools. Posters and forms were located in the Recreation Center, Municipal Building and Active Adult Center. All notices included information about the solicitation period and the opportunity for public comment at the Parks and Recreation Commission meeting. Naming proposals were accepted March 22 through April 16, 20 I O. An opporturuty for public comment was provided at the April 21,20 I 0, Parks and Recreation Commission meeting. A total of 48 names were submitted. The Commission reviewed and qualified all submissions.

RECOMMENDA nONS: The Parks and Recreation Commission recommends the name Discovery Park for the following reasons:

Summary of Naming Recommendation Discussion - Discovery Park By Patty Dwyer, Parks and Recreation Commission

The Parks and Recreation Committee has noted their desire for the name of the new park at 38th and Kipling to reflect the area or park features. However, many of the names that were publicly submitted were in support of naming the park after people who had positively influenced their community.

Discovery Park is a name that honors both the park features as well as the people who will be using the park. The park theme is "connections": connections with nature/seasons, connections with different generations, connections meant for enhancing the community. Discovery Park ties together past, present, and future and is a name that has the power to draw people to the park.

Parks always begin with thoughts of toddlers and children. Most of us can remember the fun that we had visiting parks with our parents discovering ways to play not available at home. As teenagers, parks are a place of refuge where you can hang out with friends attempting to discover who we are. As adults they are a place to relax and unwind and rediscover what is important in our lives. Parks are a place of connections to beauty, fun, and community.

Discover the joy of Discovery Park watching: - Toddlers play with the water gates - Agile teens learn the laws of physics at the skate bowl - Young adults learn to become part of community efforts - Older adults pass knowledge and experience to younger generations - The entire commuruty connect in a central location meant to draw people together

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Discovery Park ties in a few of the themes of other names submitted such as: - Discover a beautiful sunset - Discover serenity just feet from a noisy major traffic artery

Discovery Park can be dedicated to all of the people who work to make their community a better place (o r paradise) : yesterday, today, and in the future. These individuals love this community . They "connect the roots of this community with the possibilities of the future ." They are ambassadors, pillars of the community, and bring vision, inspiration and pride. There are so many people working to help others discover the importance of community: From the teacher who inspires hislher students to become involved to the unselfish grandparent putting the needs of the neighbors grandson before their own, all in the name of love and dedication to the community.

One individual wrote "A park represents a gathering place, health and well ness, renewal , commlmity and fun ." Discovery Park is a name that captures what we are trying to do as a community with this new park.

RECOMMENDED MOTION: " I move to approve Resolution No. 26-20 I 0, a resolution approving Discovery Park as the name for the new park located at 38th and Kipling.

Or,

" I move to table indefinitely Resolution No. 26-20 I 0 , a resolution approving Discovery Park as the name for the new park located at 38th and Kipling for the following reason(s) ."

REPORT PREPARED BY: Joyce Manwaring, Parks and Recreation Director

ATTACHMENTS: I. Resolution No. 26-20 I 0 2. Policy for Naming Parks and Recreation Department Parks and Facilities 3. Parks and Recreation Commission Naming Plan for 38th and Kipling Park 4. Park Naming Announcement 5. Park Naming Guideline Submission Form 6. Summary of Naming Submissions

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Series of 2010

- --

TITLE: A RESOLUTION APPROVING DISCOVERY PARK AS THE NAME FOR THE NEW PARK LOCATED AT 38TH AND KIPLING

WHEREAS, a new park is being constructed at 38th and Kipling ; and

WHEREAS, the Parks and Recreation Commission is authorized by the "Policy for Naming Parks and Recreation Department Parks and Facilities"; and

WHEREAS, the Parks and Recreation Commission completed a public process for naming proposals for the park; and

WHEREAS, the Parks and Recreation Commission recognizes and thanks the 2nd Grade class at Prospect Valley Elementary School for the name submittal; and

WHEREAS, the recommended name for the park located at 38th and Kipling is Discovery Park; and

WHEREAS, the recommended name reflects a gathering place to discover new activities, renewal, community, and fun; and

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado, as follows:

THE CITY OF WHEAT RIDGE HEREBY APPROVES THE NAME DISCOVERY PARK FOR THE NEW PARK LOCATED AT 38TH AND KIPLING.

DONE AND RESOLVED this 14th day of June 2010.


ATTEST:


ATTACHMENT I

POLICY AND PROCEDURE FOR NAMING PAR KS ,\ ND RECRILHIO N DEPA RTM ENT PARKS AND fACILITIES

Adopted hy IZeso llilloni .. l-2009 (4-b ~ ,200'))

GCIH.:ral - Park (lnd racilities flames ~Jfe oJkn as enduring as the propcI1y itself; therefore, the se icctll)1l of a proper nJme is, ~md should be, ;; st:fi uus lIlattel. Sell'L'ti~) Il S .::i hou ld allc.mpt to indul:c n dy n:lIlllc cU I111llunit y impact, add credibil ity to the J1Dl k or fa ciltly, ("reate a cohesiye theme, express ap preciation, crc;] tc lasting puhli c relati ons, promote education. [1ft the Illlllci

Ll ild bond Ollr henta ge 3ml very being to th e b.nd .

I) AuthOrity to Name 01 R~llall1 c:

a) All Y park , parkway, recreatioll huilding, swimm in g poo l, ba ll ficld , or nlly other Elc ilil y l1lal1ag~d <tnd conlrolkJ hy th e P<!rks ~H1d Recrl:aliofl De ptlrtlJlell l oj" the C it y

of \\'ht.'al Ridge, /1I.:rt:lJJ;lfler c;1lkrl park anli/or facil ity, s ha ll he; nam ed or renam ed ullly hy lhe Park:; ,l11d Recl t':l ilOll Cnmml.",sHl]l on " Hinn:tti \'t:' v{) te o r 2l.l IllJjolity of cd1 mt.:mhcrs tll'Silld t01l1Jll l ss illl1 prCSl,,,t

III Tht: llil!lH! ~ 1 1i.I11 then heCtllll (; the uf/ieinl nam e UpO Il <lppHH ,Jlor n :21.1 /lJilj UJ H )' \.If thL: C1!)' r C'ltl ll L il.

c ) I I' till: r(:!';() 1111l 1C1H.led nal11 e IS IWI <lppr(J v0d hy Clly Cou ll c il. the ltl::l1l s hall he rc ft:n'cd hack to thL' Park;.; allli Rl'Clcatioll (\lIlllllissi oll ,

2) NalIlil1l~ Proposals:

[I) P~'()posnls tIl Ilam e an y park :tI1lJlor faCilit y Ill ay be Initiated hy allY Pnrks and Recn:ati(lll Co mmission member <II an y regular m eelin g of th e com miss iull . Also, <1 n)' c iti zen of \\l heat Ridge o r th e Direc to r of Parks and Recreation may submit

proposal s in writing or by persollal appearance at any regular Ill(;eting o f the cOlllmissio ll.

b) An y such proposals must include reasons for the proposed name and as much evidence as possible in the fo nn o f letters, pet itions, and/or personal appearance at a Parks and Recreat ion Commission meeling, of neighhorhood or commu nity suppoli of the proposed name.

c) All Y such kttcrs or petiti ons must certify thai each s igner is or brls been [I resident of the Cily orWhcat Ridge, show each signer's acldress and lelephone nllmber.

d) TI'!l,; PUJk::; alld Recreation COlluni ss ioll, through the Parks <lnd Recreation Depart ment, Illa y but is no t required to so licit names from til e genera l pub li c for park IWllllllg,

ATTACHMENT 2

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Po li cy and Procedure fo r Nami ng Page 2

Palks mid Recreat iun D"partmcn t Parks and Factl it lcs

I) Park nalTles may be sol ic ited within pil l:Imctcrs established hy th e Parks and

Rl-creat io n CUlllnllSsio n for a specific SIte.

n) Tnnc Inllits lo r nam e considera ti ons Will be estab lis hed hy the Parks an d Rerrca tion (,(l lllll llSs io n on all 1Il01 Vld udi pa rk basIs.

1) Nam nli; G Ui del ines.

a} ,\ 11 pnlposed !HIm es shall meet o n~ 0 1 11H.1I(! 0 1 Ihe lollowlllg g tlldd llH.!S Il owever. the P:ll k!:i and Recf<::(1lio l1 CUl11 lll i:.;sion may \\'aivt,; any or all ofthcst: glli <.fd in ('~ upon a mo tiu ll approved by a majo nty nC CO 111 III i S.·W lI l 111 t? lll bt:rs present.

h) A p:lI k andlor f~,l c il i l y may ht.: Il amco fCw

I) .:\ 11 cn:nl : pn.n idcd slicil e\enl dm:t:ll y affected, :1rrcL'ls VI would he lll etl lll ngli.iI III Ihe ci lize ns of \\' hea t Ridgc

II) :\ deceased pCISUJl~ plo\Hkd [11\' person has heel1 kno\\'11 til be III good dl;\raC lcl.

knowll to ha\"(..· !len:r been cVIl\"lcted 0 1 :1 fCll..l l1 ~ _ dnd Ii:!", l:un\J IhutL-d III the

hdli.:IlHclI l 0 1 \\-ht::~t R. i d~1.! i ll SOIllt' gle.llel thi.l ll a\t.: l agt..: IIl d llllCI or w lln \\"~ I S of

lll'dlll1l· S I!!lldici.lII\,;C lu th l! C ity. (\lUIlI). SLltc Il l" N,I \ I I)l1.

III ) A i l vin1! pt.:rso ll , pn1\' ich.'d 11l:··shl· has 1Il t'! all sdcClJ oli guidellllc's f() 1 d detc; lscc! pt' I S{l 1l '-I li d who 111 nUdltlO 1l ha:- heen except IOnall y I.l ut sland lll g 111 IlIS,htl con tnbut l(l ll In the hetterment uf \Vht,;Ht Ridge. III additi on, a \\' ,Ilten approval :-: Igllcd h) tilL' said persol1. ilgn.:elllg til the nallllllg. !1l wH he subm itted with ti ll: l)J op()'sa l

1\') J\ dUllor u r gro up o f do nors "r land, co nsiderabl e propell y, or mo ney, provided such donation was hu ge and ~ l g11 ifica n t or represented considerahle saclifice by Ihe dOllor o r do nors.

v) /\ pl ace llame, s uch as the neighborhood where loca ted 01 a geogruphi eal or manmade fCa tme; providerl thi s name lends 10 identi fy the loca li on or charact er of the park and/or fac ilit y_

4) Unacceptahlc N"nlCs:

Ciencra ll y, no park and/or racil ily may he namcd for an )' 01" Ih e fo ll owi ng unl ess wa ivcd hya Illajon ty (lf the Parks and Reclcal io n Cummi ssionlllcmbcrs:

oj Any pelso l1. li vi ng or deceased , who has had no conJl ccli on with W hea l Rid ge, excepting persons of histo ri cal signifi cance to the C il y, Coun ly, S late or Na tion.

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Policy and Procedure for NamIng Page 3

Parks and R~neation Dcpanmcnt Parks and Facil It Ies

b) AllY church or rci lgious nrgnlllzatio ll , pohtlCal organization. sen ICC club, fratcI1Iit )' org'l!l!zHlion or an y ot ilel olgallized gllJUflul1!csS they full y ll1~el the gll!dclll1cS li sted ahove.

5) Ex istlllg IWlIles:

ii) ThiS po liC Y has IHI L:I"I ('(; 1 Oil cx isi!n g. o fliL' la! :.IIlLi / nr :1l:cc: pt L:d l H\lllt:S o f pnrks ~ lIld /tlr

lih:llltl tS.

h) The lollowlIlg such l1aJll ~'s ;I f o.! hefeh) deSIgnated ilS (l lfin HI twmcs upon passage 01 thIS fluil c),'

i) / \lldeI SOn Commun it y Uu lidlllg Avenue and Field Street named act iull of ('it )' ('ptltlcd .

a blll ililng 111 Wheat Ridge at West 4"th in hOl1or of Wheat Ridge 's lirst Mayo r by

II) A ndel~1l [);lrk (I park <1 1 \\"<':SI "-1--l11l ,. \ \,(: nlle and held Street. OIigllldll ) n alll ed \Vil""iII Ridge Pdrk was I l.:'nillil Cd III 11(11101 or til .... i"irst f\ IU )OI o f \Vlll'a! Ridge h~' ' ! ~· lh .1l p / ("1 .\ ( 'ulIllcd

III) 1\~!?ac I H:' ! I' i.llh <I pal!.- :1 1 \.V..:sl ..j ;;; lh :\\~IHI C and \ 'allte SI red Jl amed fiJI hisl(Jrlc l illHld\\ I h.: r~ (1 1 the pIOp!.:I! \

J\" 130yd's l'ros:-illIU 1\ ll k a P;lIK :-I t \V es t '-15th ,\\'CJ1l1 l' ill1d E\"t~lett Strcd namcd

I'nr a hi st0 1J C SIl l' lIsed to n o!"s ('k~1J Cleek .

") Clem C!c>ck Grccnbt.:lt Pi.uk J1 ~l l k .Ilene:; ~ 1I (lllg ('kill' ('rcch owned and lensed, exceplil1 ~ those areas with ot IH.T names - Johnson. Anderson alld Pl u!Spe:d

\' 1) (' Ieeksllic P'l!k "f1dlk loc<lled al 491h and M3Isha ll ,'Irecl named lor its geograph ic loca l ion adJilcent to C lear Creck includl/ lg ~ l al1 \ViJ ring Field nomed through til t: Colorado Rocki es Fi eJd-of- Orenms Prugrmn and named :10er Rnt:ki es c,ltChel Kirt rVlallW:1 1ing \Vho personally conlli bu ted fund ing.

\ il ) Founders' Palk ~ a park at 37th Avenue and J<iY Street, ;) fonl1er c.1 lT1ation greenhouse sile named 101 all orthe founders or the Whe~t Ridge COIllJ11Ulllt y.

viii) " H ank" Stites Park - .) park at West 29th and Ncwland Street namcu in honor of Mayor Frank (Hank) Stit es who was also a long time Illember of the Wheat Ridge Recreati on District Board .

ix) Il appiness Gardens - a cO lll lllun it y ga rden at 4226 1\ 111111 0115 Street named to recoglli ze tile happiness that ga rd ening 1V0uid bring 10 the student s o r Wi lmore' Da vis eI~mentary schoo l who We le being en COlli aged to parti cipate.

x) Haywaru I' alk a p<lrk at West 29th Avenue and Wadswurlh Boulevard named 111 IWllcn o( lile previous owner by Parks and R ecre~t i on Commission acti on.

xi) Ili stcJI; c"1 Park a park at 46t h I\venue and Robb Streel named by genera l usage (lI1c1ull!l\g Sud House, (llIli han Cabin . Ihe fi rsl Wheat Rid ge Post Office and Museum) .

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Poli c), and Procedure for Nam ing Page 4 Parks and Recreation Deparlmenl Park~ and FacIli ties

Xli ) Horace E, Randall Park a p~rk at 4:1rd ,\,'CIlUC and Fenton Sireet named by Ihe board of the Whea t Ridge RecreatIOn District III honor o r a board membcl, secrt?\rt ry nf said hoard lor many years. who in Ihls capacIt y dal much Ill l parks and rcclcation ill the area,

xiii) JOllllSU Ii P'lIk a park at Clea r Creek and \\'ads\\'0I1h Bouk"illd , The easterl y port iOll was named by till.' d0 I101 III hotH)! I) r his dl.'l:c .. lsed wil t:. Elizabeth JUllI1SI)] I, as " w nchtlon (, I' the glli 10 the I\'heat Rid ge I l(1 ns Club (wl\\) suhsequen tl y donaled th e park 1<, the Wheal Rid ge Re"l ""t inn !)1:.;lnct) The \ves terly pOltion was named Samuel John:"lll Park ill IWlltll u l Ihe dOlllll,

Judge. Samuel JOIUlSOIl. Suhsequc?llt ,Hld it iollS to th iS P ~II·l.. between \\' ,\dSW0l1 h I3l1uk,'anl and West ~~th /\ ,'"nue il) Ihe (' 11 ) "I' WI"';It Ridge, nlso betll the name J~) hll SOIl Parle

XIV) Panorama Park - a park at 35 th Avelluc and Depew Street n'IJ" cd h) cO lltes t whell under Ih eju ri scl l ~li OIl of the \Vhe,lt Ridge. Rl'cn.'.llw n D,stnU

xv) ParallHE!ll t ParI-;: a p:llk at \Vt'sl 271 11 A\l: llll l' alld KIpling S ti ce! 1l:1IllL'd 1'(11

tltL'" suhdl \' ,::; i OI1 III w llll::h it W,IS Ipl'aktl Wli (,l l UJltk l Ihe lU I isdll"IHJIl (II Ih <.:

I'rosp~ct I{ctll'ullllil J) 1';lnct.

\\'i) Prospel'1 P;Hk a p~lrk ill \,"cst --l-hll A\L"llUC ilml Robb SUe...: t lli.ll1lcd ",111k l1nder [he jurisdict lo ll \ 11 the Pnlsped RL'l'rl'<l ti oll Dist ri ct ill 110[1<11 or carh prosp~c t ors who ca me li p (' kill ('n.:ck.

"'" I Richards- ll art Estate - a po rk and I" storie 111 ' "1 S J(II I l ocn l e~ at West 2~th Avellul' ami Bell to n S l n~c l rind named for the ollglllal U\\ l1er/huildl'1 and lhl' OWller 111 longes t res idclH':c.

XVI II ) \Vhcat Ri ck e: IVlullicip.d Puul th \,; n ~lI11 t' g l \'C'!1 I n th \,; o utd ()( ll pool IOL:aled III

Anderson Pnrk ;)1 IJ41h alld Fi eld when It was c(.)Jls trud ed and opclled to jhc publ ic in 1')80,

xix) WhcHt Rid ge Recreation Ccnter - Represcnts the gcogr"pl" c,,1 Illcll tllln "I' the Center. Na med by City Co uncil action,

xx) Wheal RiJgc Senior/Co mmunit y Ccnt er - a building at 6363 W, 35th Avenue used by th e seniors of Wheat Ridge and as 3 comlllunity center fOJ recreationa l progrru11ming for the citi zens of Wheat Ridge, Named by City Council acti on,

(» Renaming Guidelilll':s.

The rcnan\\ng o f parks and t:, cditi cs is strungly di scouraged, It IS rccon \\J1 ended that e ffo rt s to change a name bc subj ect 10 the most crit ica l examination so as not to di mini sh th c original justi fi cal iun for th e name or di sco unt th e val ue of th e pl'ior cO IJl l'ibu tors, i\ renaming or change in name Will be considered lor the fuliLiw ing ClrC1IJ11stil nccs:

a) On ly those pllrks Hnd fa ciliti es n,,,"ed 10r a loeallon or subd\\'l s", n sha ll be considered for renam ing.

Policy and Procedure fur Nam1l1g Page'i Pnl ks and ReClea ti lln Oepal1n1l'nt Parks nnd Facililles

b) Palks and faciliti es ,,,,,"er! "fler Inci"·,,III :!ls shall never he changed lInless It IS found that th e indiVidual 's I'~rsl' nal dwracter IS or was such that the co nt1l1ued lise of the name lor a park or lacdll Y would not he III the best interest 01 the conll1lunlt y

This po licy and prucedure , h,III beeUI11" effecti\c ami ",,"hng "1""1 the Porks and Recleatloll Deparl ment and the Parks nnd Recrea tion C0 I1111l1Ssion as 'lion as It has heen lonnall)' adop ted by ,, 2/1 1I1;lJon ty "llhe Ill embers urthc· Parh and I(ecrc"t l(>n (""I11Ill ISS I"" I' ,esent. and a 213 IlJaJnn ty Ll r City COllncll ThiS polll . .:y (lnu procl'dure. shal l cLllltinui.: III c.:ffccl lcgardl ess or lllC'lllhl'! l: h <lJl g~." of till; COllllll lSS llll l , but Ill ay be ilIlH::llded. JOIlC away \\,Ith, 01 rc·\vntt~n <1 1 allY (line by a m~lJont) :lsscllIlll g voll' o f't ht= CUlllJllis.;;inllllll:ll1bcl!' P1 C"l: llt Jnt! :'1

m:lJurity of ( 'Ity Cnllncll.

The above Policy and Procedure lor Naming Parks and Rccrcll tl on D t! l>al11llt.:l1 t Pal ks i.lllt!

Faci li tic::i WdS adopted hy a lIlaJolit y or the ml..:/llbers of the Parks and Recreation Commissioll prcs:ent at the legll la!" mee ttng hL'ld Janurll), 2 1, 20U9.

i!. I~( J-Ralp l;-~~lgh\.: !\. ('kllr

P ~1I k:-; il nd RL'L' I ca t Ilill ( Ull1llllSSHlIl

ATTEST:

Michnel S ilO\\', Cit y nerk

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PARKS AND RECREATION COMMISSION NAMING PLAN FOR 38T11 and KIPLING PARK

I) Timeline:

APPROVED 3/17/2010

a) Review Plan, guidelines, submission form, advertisements, flyer, and web page posting by email and provide comment by March 5.

b) Discuss at the March 17 meeting. c) Finalize Plan, guideline/subm ission form, advertisements, flyer, and web page

posting immediately following March meeting. d) Distribute and post announcement of Naming Proposal solicitation, including

supporting documents, on March 18. e) Accept Naming Proposals for the period March 22 through April l6-no names will

be accepted after SPM on April 16. I) Provide an opportunity for public comment at the April 21 meeting (Note: the public

solicitation period ended April 16, thus requests for new Naming Proposals will not be accepted; rather, the meeting will allow for general comment or input on proposals submitted by the April 16 deadline.)

g) Schedule one or more special meetings to review submissions, qualify submissions based on compliance with the Policy and Procedure for Naming Parks and Recreation Depar/ment Parks and Facilities, and select a name.

h) Vote on the name recommendation at the May 19 Parks and Recreation Commission meeting.

i) Schedule name recommendation for Monday, June 14, City Council agenda. j) If City Council votes to not accept the name recommendation, the Parks and

Recreation Commission will discuss an alternative name recommendation at the June 16 Parks and Recreation Commission meeting and a new timeline will be established.

2) Name Parameters:

a) Names must be in accordance with the Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities .

b) The Parks and Recreation Commission will encourage submissions to be reflective of the nature of the park design, theme, geographic qualities, or specia l features in the park.

3) Naming Proposals:

a) A Guideline/Submission Form for submitting Naming Proposals will be made available to the public via the website and at the Wheat Ridge Recreation Center, Senior/Community Center, and City Hall.

b) The Guidelines will include: i) The acceptance period of March 22 through April 16, 20 I o. ii) The timing for review and of proposals, including notice of public comment in

support of submitted proposals at the April 21 meeting. iii) Background information about the vision for the park and the park design .

AIT ACHMENT 3

38'h and Kipling Park Naming Plan Page 2 of2 APPROVED 3/17/2010

iv) A statement that the Parks and Recreation Commission encourages submissions to be reflective of the nature of the park design, theme, geographic qualities, or special features .

v) A summary of the main requirements of the Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities, including reasons for the proposed name, supporting evidence, signer residency requirements, and types of acceptable names.

vi) A small print disclaimer.

4) Announcement a) Solicitation will be made as follows, if possible based on limitations due to deadlines

and publication dates: City of Wheat Ridge website (news flash, project page, Parks and Recreation Commission page), press release to the Transcript newspapers, Connections Newsletter, Channel 8, signage in the Recreation Center, City Hall, and the Senior/Community Center, and a flyer to local schools to be included in parent folders.

b) The announcement will state that: i) Naming Proposals shall be accepted for a 4-week period from March 22 through

April 16,2010. ii) Naming Proposals shall be submitted in person or by mail to the Parks and

Recreation Commission, c/o Wheat Ridge Recreation Center, 4005 Kipling St., Wheat Ridge, CO 80033. Submissions may also be faxed to the Parks and Recreation Commission 303-231-1350 or by email to [email protected].

iii) Questions may be directed to the Parks and Recreation Department at 303-231-1307.

iv) The Parks and Recreation Commission encourages submissions to be reflective of the nature of the park design, theme, geographic qualities or special features within the park.

v) Naming Proposals must be in accordance with the Policy and Procedure for Naming Parks and Recrealion Department Parks and Facilities.

vi) The Policy and Procedure for Naming Parks and Recrealion Department Parks and Facilities, Park Design Master Plan, Theme Concept, Announcement and a Guidelines/Submission Form are posted on the webs ite.

c) Upon City Council's approval of the recommended park name, the: i) Parks and Recreation Department will arrange for production and installation of

appropriate signage indicating the new park name. ii) The Parks and Recreation Department and other City departments will revise, as

required, all documents, mapping, inventory, literature and records to reflect the selected name.

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~ A .( ..... J .". City of.

!?Wheat~ge ~ARKS AND RECREATION

ACCEPTING NAMING PROPOSALS FOR 38TH AND KIPLING PARK

The City of Wheat Ridge Parks and Recreation

Commission is accepting names for the new

park at 38th and Kipling for a 4-week period

from March 22 through April 16, 2010. Proposals

must be submitted per the published Guidelines

using the Park Naming Submission Form.

The Parks and Recreation Commission encour

ages submissions to be reflective of the nature

of the park design , theme, geographic qualities

or special features within the park.

I The Guidelines for submitting a park name

include background on the project. The Policy

and Procedure for Naming Parks and

Recreation Department Parks and Facilities,

Park Design Master Plan, Park Theme Concept,

Announcement and a Guidelines S~bmission Form are available on the City's website.

. I Proposals shall be submitted to the Parks and

I

Recreation Commission clo Wheat Ridge

Recreation Center, 4005 Kipling St., Wheat

Ridge, CO 80033 by mail or in person;

by fax to 303-231-1350; or by email to

[email protected]

Proposals must be received by 5PM on

April 16, 2010, to be considered.

ATTACHMENT 4

The Parks and Recreation Commission will hear public comment at its regular monthly meeting at 7PM on Wednesday, April 21 , 2010, at the Wheat Ridge Recreation Center, 4005 Kipling Street, Wheat Ridge. Please note that the deadline to submit naming proposals is 5PM on April 16, 2010; thus, the meeting is an opportunity for general comment rather than to submit new names.

Parks and Recreation Commission clo Wheat Ridge Recreation Center

4005 Kipling Street Wheat Ridge, CO 80033

For questions, call 303-231-1307 www.ci.wheatridge.co.usIPRCommission

• City of

-(U!' Wheat Bi9ge ~ARKS AND RECREAT ION

PARK NAMING SUBMISSION FORM Park Location: 38th and Kipling

(Per the attached guidelines, form must be received by 5PM April 16, 2010, to be considered.)

APPLICANT INFORMATION

Applicant Name (please print): __________________________ _

Addffiss: _________________________________ _

City: ________________ _ State: _____ _ Zip: ______ _

Home Phone: ______________ _ Alternate Phone: __________ _

Email Address: _______________________________ _

Current Wheat Ridge Resident (circle): Ves No If not currently a resident, when: _____ _

Applicant Signature: _____________________ _ Date: _____ _

PROPOSED NAME

Suggested Name: _____________________________ _

SUPPORTING DOCUMENTATION

Per the attached Guidelines and requirements of the Policy for Naming Parks and Recreation Department Parks and Facifities. the following information is attached:

D Written narrative that includes reason(s) for the proposed name.

D Supporting evidence in the form of letters andlor petitions showing neighborhood andlor community support of the proposed name. (Note that letters and petitions must certify that each signer is or has been a resident of the City of Wheat Ridge and must include signer's address and telephone number.)

D Other: ___________________________ _

Date Received by City of Wheat Ridge Staff:

FOR OFFICE Date of Review by Parks and Recreation Commission:

USE ONLY Parks and Recreation Commission Recommendation: D Approved D Declined

Final Action: D None D Adopted

ATTACHMENT 5

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City of

·~WheatBLdge ~ARKS AND RECREATION

GUIDELINES FOR THE PARK NAMING SUBMISSION FORM

(1) Background - The City of Wheat Ridge is in the process of constructing a new park at 38" and Kipling . The community's vision for this park was realized when City Council approved a master plan for the park in 2009. The park will be constructed in three phases. Construction of Phase I and II is scheduled for oompletion in summer 2010.

From a design standpoint, the essence of this park is about Connections-People, Nature and Play. Connections help create memories that can help strengthen a community's roots; nature is used as a theme to give structure to the play area and as a cohesive theme for the plazas, walkways, gateways and community spaces. Overall the themes of sun, wind and water will be represented and carried out in the design details and movement between spaces. The park's amenities and recreation features are divided into three main areas each with a connection between landscape, nature and use as follows: ForestiWater/Play (for the play area), Meadow/Sun/Community (for the practice field, water play feature and community plaza), and MountainslWind/Play (for the skatepark). The Park Master Plan and information about the design and theme for the park is available on the City's website at www.ci.wheatridge.co.us/PRCommission.

(2) The Parks and Recreation Commission is accepting Naming Proposats for this park from March 22 through Aprit 16, 2010, at 5PM. Please use the Park Naming Submission Form (attached) .

(3) The Commission would like to enoourage that submissions be reflective of the nature of the park design, theme, geographic qualities, or special features in the park as stated in (1) Background above.

(4) Proposals may be submitted by the deadline in person or by mail to the Parks and Recreation Commission, clo Wheat Ridge Recreation Center, 4005 Kipling St., Wheat Ridge, CO 80033; by fax to the Parks and Recreation Commission at 303-231-1350; or by email to [email protected].

(5) All names must be in accordance with the Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities (available on the City's website at www.ci.wheatridge.co.us/PRCommission) including:

a. Applicant is a current or former resident of Wheat Ridge. b. The suggested name is acceptable based on the Policy, including the following categories: an

event (meaningful to the citizens of Wheat Ridge); a deceased person (who contributed to the betterment of Wheat Ridge or who was of historic significance to the City, County, State or Nation); a living person (same as for a deceased person; and including with the proposal , written approval by said person agreeing to the naming); a donor or group of donors (of land, considerable property, or money, provided such donation was large and significant or represented considerable sacrifice by the donor or donors); or a place name (such as the neighborhood where located or a geographical or man-made feature; provided this name tends to identify the location or character of the park).

(6) Proposals must include, per the Policy, reasons for the proposed name and supporting evidence in the form of letters, petitions, etc. Letters and petitions must certify that each signer is or has been a resident of the City of Wheat Ridge and include each signe~s address and telephone number.

(7) The process for final name selection and approval is expected to conclude in June 2010. This date is subject to change without notice.

For questions please contact the City of Wheat Ridge Parks and Recreation Department at 303-231-1307.

Submissions received after April 16. 2010. al5PM will not be considered. Names of person(s) submitting the Naming Proposal will be acknowledged when park name recommendation is presented to City Council. The Parks and Recreation Commission reserves the right to modify any and alt submissions. including but not limited to , using a portion of the name, using a combination of names, re-arranging the words within a name, or adding to a name. Submission content is not confidential . Anonymous submissions and proposals determined by staff to be incomplete will not be considered.

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--Summary of Naming Submissions for Park at 38th and Kiplng

Nam • • that r.nect the d •• lgn, th em., ,.Ollf.phlc qualltl • • , or park f •• tur • •

Advenlureland Acres Psr1l

Apple Creek

Apple Ridge Park

Appleridge Parl<

Applewood Ridge Park

Carnation Park

Chanl icleer Crossing Park

Clearview Acres Par1l

Costa Kipling ( •. e Costa Ra)

Creekside Ridge Pari!.

Farmer's Field

Farmer's Green

Farmers Part<

Fronll8J l ane Park

Galeway Park

Harvest Ridge Run

Heritage Park

Hill Haven Park

Hillside Perl<

Kipling Heights Family Park

Kipling Park

Maple Grove Shrub Park

Paradise Park

Pascal Park

Peaceful Walkabout

People's Park, The

Pioneer Pal1l.

Serenity Park

Sunset Park

Tranquil ity Par1l.

Walk-A-Bout

\Mleal Ridge CoIledlVe (Paril;), The

W'leat Ridge Community Park

lJIIheat Ridge RecreallOl'l ParK

'M'Ieal Ridge's Regional Nature Dlsco'lery Park

Peopl e Nam ••

Abner's Garden Center Park

Cerveny "Hillside" Peril. , Carl & Gretchen

Cerveny Community ConnectIOns Park

Cerveny Park

Cerveny, Carl & Gretchen

Cerveny, Gretchen, Pari(

DITullio Park

Elnarsen Memonal Park

Elnarsen Pari(

Jack W ills

Maryanne "Moe- Kellar Par1I.

Reed Becerra MemOrial Park

Zarlengo Park (Anthooy B )

ATTACHMENT 6

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