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HomeMy WebLinkAboutCity Council Agenda Packet 01/14/20136:45p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 14, 2013 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge . Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF December 10,2012 PROCLAMATIONS AND CEREMONIES Rotary Presentation Deputy City Clerk Bruce Roome, Certified Municipal Clerk 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. APPROVAL OF AGENDA ~ CONSENTAGENDA a . Resolution 01-2013-designating the City Hall Lobby as the Official Public Notice location and the Wheat Ridge Transcript as the official newspaper of general circulation for the City of Wheat Ridge, Colorado b . Motion to encumber funds for on-call storm sewer cleaning and on-call traffic signal repair services in a total amount not to exceed $85 ,000 for 2013 CITY COUNCIL AGENDA: January 14, 2013 CONSENT AGENDA (con't) Page -2- c. Resolution 02-2013-amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $3,007 for payment to Jefferson County Clerk and Recorder for conduct of the November 6, 2012 General Election. d. Motion to award RFB-13-04-2013 to JPK Micro Supply, Inc. in the amount of $36,300 for the scheduled upgrade, replacement and standardization of the City's Computer Network e. Motion to approve the support and licensing renewal with Logistic Systems , Inc. in the amount of $83,553 for computer aided dispatch, records management and mobile field reporting systems. f . Motion to approve payment of the Sales Tax Increment for November of Fiscal Year 2012 from the Town Center Project in the amount of $68,094 .80 to the Wheat Ridge Urban Renewal Authority g. Resolution 04-2013-approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning Academy Training for Police Officer Recruits . PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ~-Council Bill No. 26-2012-An Ordinance approving the rezoning of property located at 12600 W. 42"d Ave. from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) (Case No. WZ 12-08/Rock) Council Bill No. 27-2012 -An Ordinance approving the rezoning of property located at 3775 Benton St. from Planned Residential Development (PRD) to the Mixed Use- Neighborhood (MU-N) Zone District (Case No. WZ-12-09) ORDINANCES ON FIRST READING 4. Council Bill No. 01-2013-An Ordinance approving the rezoning of property located at 4335 Harlan Street from Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N) (Case No. WZ-12-10/Fernandez) 5. Council Bill No. 02-2013 -An Ordinance amending Section 16-131 and Section 16-133 of the Code of Laws concerning possession of marijuana and drug paraphernalia DECISIONS, RESOLUTIONS AND MOTIONS 6 . Resolution 03-2013-approving a Smoke-Free Policy in all parks, playgrounds and open space within the City of Wheat Ridge CITY COUNCIL AGENDA: January 14, 2013 Page -3- DECISIONS, RESOLUTIONS AND MOTIONS con't 7. Motion to award RFQ-JN-12-35 to OHM Design of Denver, Co ., in the amount of $89,730 for the purpose of preparing the design and construction documents for the park at 441h and Kendall ~ Motion to approve payment in the amount of $215,500 to WR2020 for the purpose of funding a revolving loan program for the building up Business and Home Improvement Loan Programs and other Community and Economic Development Programs. R: Motion to direct staff to write an ordinance setting term limits for Board and Commission Members 10. Motion to Ratify Mayoral appointment of Zachary Urban to the Housing Authority representing District II, term to expire March 2, 2014 11. Motion to Ratify Mayoral appointments to Renewal Wheat Ridge CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING December 10, 2012 Mayor DiTullio called the Regular City Council Meeting to order at 7:00p.m. PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS Davis Reinhart Bud Starker Joyce Jay Mike Stites Joseph DeMott Tracy Langworthy Absent: George Pond Kristi Davis (arrived late) Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Public Works Director, Tim Paranto; Police Chief, Dan Brennan; interested parties and interested citizens . APPROVAL OF MINUTES OF November 26,2012 Motion by Mr. Stites for approval of the Minutes of November 26, 2012; seconded by Mr. Starker; carried 6-0. PROCLAMATIONS AND CEREMONIES none CITIZENS' RIGHT TO SPEAK Britta Fisher, director of WR2020, thanked the Council and staff for partnering with the Leadership Committee in support of the Holiday Celebration on December 2. 1500 people were in attendance. Jesse Hill, resident of District 1, said he is excited to hear Council is considering video broadcasting of the study sessions. He also suggested to Council to get ahead of the curve and provide video that can be accessed on smart phones and tablets, and possibly get it on Youtube. That's how the next generation gets most of their information. He is willing to donate a camera that could accomplish that. Ted Heyd, of LiveWell WR, discussed the group's circulation of a 38th Ave endorsement letter which highlights the benefits of the corridor. They want to build up City Council Minutes December 10, 2012 Page2 awareness and support for the corridor. A second version of the endorsement letter is being circulated. Howard Jaldinger, long-time resident and business owner, said he and his wife are happy about the way 38th is going. They feel safe and comfortable walking their dog. He noted four young couples that have moved onto their street who also seems happy about 38th Avenue. He appreciates it. Ted Heyd (using 3 minutes donated time) spoke again. He spoke on the walking audit of 38th Avenue from Upham to the Highlands West Apts. He invited Council to look at the summary and recommendations of the audit. Councilmember Davis arrived at 7:14pm. APPROVAL OF THE AGENDA Motion by Mr. DeMott to pull Agenda Item 3 and have it come back at the next available meeting; seconded by Mr. Reinhart; carried 7-0 ~ CONSENTAGENDA The Consent Agenda was introduced and read by Mr. DeMott. a. Motion to adopt the 2013 City Council Meeting Calendar b. Resolution 58-2012-approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood authorizing payment of $68,900 for the use of Lakewood Police Department Crime Lab/Crime Scene Services Motion by Mr. DeMott for approval of the Consent Agenda; seconded by Mr. Starker; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ~. Council Bill No. 28-2012 -An Ordinance approving the vacation of sidewalk and streetscape easements adjacent to 5995 W. 38th Ave. Mayor DiTullio opened the public hearing. Mrs. Jay introduced Agenda Item 2. The proposed redevelopment of the northeast comer of 38th & Harlan to a new 7-11 store will require that the streetscape be modified to current standards. The owner has dedicated the current sidewalk/landscape area to be used for sidewalk and streetscape. The easement is no longer necessary, and staff recommends vacation of the existing City Council Minutes December 10, 2012 Page 3 sidewalk and streetscape easement to minimize the legal encumbrances of the new right-of-way. Clerk Shaver assigned Ordinance No. 1529. Staff Report none Public Comment none Mayor DiTullio closed the public hearing. Motion by Mrs. Jay to approve Council Bill No. 28-2012, Ordinance approving the vacation of sidewalk and streetscape easements adjacent to 5995 W. 38th Ave. and that it take effect upon adoption; seconded by M. starker; carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS 3. Motion to Ratify Mayoral Appointment to the Housing Authority [This Agenda Item will come forward at the next available meeting.] 4. Motion to award ITB-12-26 32nd Ave. Widening Project to Concrete Works of Colorado, Lafayette, CO in the amount of $4,600,776.34 Mr. Stites introduced Agenda Item 4. In March 2011, the City was awarded a federal grant (through Denver Regional Council of Governments (DRCOG)) for widening 32nd Ave. from Braun Court to Wright Court. The project will include reconstruction with additional turn lanes at key intersections to improve capacity and reduce traffic congestion. It will also address safety and operational improvements at the west-bound 1-70 off-ramp at 32nd Avenue and adjacent intersections. -This interchange was originally constructed using a non-standard design and has never operated efficiently. The burden of the interstate highway traffic on the local street network and the congestion during afternoon peak hours is unacceptable. The total construction amount is estimated at $5,517,000. The federal grant will cover $2,924,000; Jefferson County will provide matching funds of $1 ,250,000; the balance of $1,343,000 will be funded by the City. Motion by Mr. Stites to award ITB-12-26, 32nd Avenue Widening Project to Concrete Works of Colorado, Lafayette, CO, in the amount of $4,600,776.34, and to approve a contingency amount of $460,000 with the Director of Public Works being authorized to issue change orders up to a total contract and contingency amount of $5,060, 776.34; seconded by Mr. De Mott; carried 7-0. City Council Minutes December 10, 2012 Page 4 Motion by Mr. Stites to charge $14,000 to the Capital Investment Fund and deposit $14,000 in the Public Art Fund; seconded by Mr. De Mott; carried 7-0. CITY MANAGER'S MATTERS Mr. Goff reported having taken a tour today at Lutheran of their new Senior Behavioral Health unit. They hope to have 8 beds filled when they open January 2, and will eventually have 22 beds. He also wished Wheat Ridge citizens Happy Holidays. He thanked the Mayor, Council and staff for a very productive year and looks forward to many good things to come to Wheat Ridge in 2013. CITY ATTORNEY'S MATTERS Mr. Dahl informed Council that he will be putting together a memo for them on the subjects of recusal and conflicts of interest, and how they affect voting. If they have further questions after the memo they can call him. If there are numerous questions he may suggest a study session discussion. CITY CLERK'S MATTERS Mrs. Shaver wished the Council and all the faithful viewers out in Channel 8 TV Land a Merry Christmas. ELECTED OFFICIALS' MATTERS Mr. Reinhart thought the turnout for the lighting on 38th Avenue was wonderful and is glad to see the community support. -He's glad to see Concrete Works coming on to do 32"d & Youngfield. He has seen Concrete Works in bids for over a decade and he looks forward to having them work in the City. Mrs. Langworthy and her family attended the Christmas Tree Lighting and she thinks it was exciting to see new people visiting our shops and being welcomed to the City. Ms. Davis wished everyone happy holidays and commented that she thinks it's nice to see evidence of the holiday spirit in the neighborhoods-more so than it used to be. Mr. Stites commented that 45 years ago when 1-70 was built they knew it [32"d & Youngfield] was wrong. The state promised to come back and fix it. So here we are now 45 years later finally getting it taken care of-and he's tickled pink. -He was at the tree lighting ceremony and he said it was fantastic to see so many people on 38th Avenue. -He reminded everyone that lots of people are hurting these days, and with Christmas coming he urged folks to find someone they can help. Mr. Starker thanked everyone for the support on 38th Avenue and wished all the citizens a warm and happy Christmas and New Year. Mrs. Jay mentioned the program called Shop and Win that is sponsored by the Wheat Ridge Business Association. If you spend $5 or more in Wheat Ridge eight different times, you are eligible to win prizes. It's recommended to save your receipts. The forms and all the details are available at Wheatridgebiz.com . [Clerk's note: the address for the WR Business Association is ewheatridge.com ] Mrs. Jay said the prizes are grand. City Council Minutes December 10, 2012 Page 5 Mayor DiTullio thanked all the organizations that helped put the lighting ceremony together. He thanked Patrick Goff and Joyce Manwaring for flipping the switch for him, as he was home with the flu and couldn't attend. -He thanked the businesses that have been helping at the high school with the Career Exploration class. Pietra's, Gunsmoke and Larson's Ski & Sport in particular have been having student's job- shadow. -He also gave a special "hats off' to Tip Top Tree. This business has been here for some time and they have recently been helping some businesses and residents who have dead trees and can't afford to have them cut down. Tip Top has actually been doing some work at no charge to help them remove dead trees, and that is greatly appreciated. -He wished everyone a Merry Christmas, Happy Holidays and Happy New Year. Meeting adjourned at 7:30pm. APPROVED BY CITY COUNCIL ON January 14, 2013 BY A VOTE OF __ to __ Davis Reinhart, Mayor pro tern 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. ACBco·s Mil'io, Penny Cc mr1ign Support lndtv•duals Who Are Blind or Vtsually lm pa tr ed by He l pmg Us Reach Our Goal of 1 .1\JC Penntes Change Can CHANGE LIVES January 1. 2013 -Ma rch 31 . 2013 Who we are: American Council of the Blind & Visually Impaired of Colorado (ACBCO) Where we are located: 1536 Wynkoop Street, Suite 2 01 Denver, Colorado 80202 Who we serve: ACBCO i s a 501 c3 not for profit organization that provides programs and services to individuals who are blind or visually impaired in Colorado to en sure their continued independent, healthy and active living . ..ICIJ< ·o Mixsion: ACB< "0 is a 50 I tcJ OJ non-pm/it organi::ulion dr:dicalf!d /rl.\'lif'f'"rlin?, the indep<'ndent·e. equu(i~v. and opf'rll'tullilit:.lfor all hlind und ,.;.,·ucdly impairt:cl im/i\'iduuls in ( 'oloruJo. Title of Event: ACBCO "One Million Penny" Campaign Date, Time: January 1, 2013-March 31, 2013 Place: Participating local business collections sites, and online at www.acbco.org Donation: Penny donation s (or any denomination) are accepted. There is no gift too small {every penny counts). Reason for event: To rea ch a goal of raising $10,000 in 90 days to support the programs and services of ACBCO; including the "Sight for Seniors" program as well as education, training and other services for all blind or visually impaired people in Colorado. How: Please contact ACBCO at 303-831-0117 to sign up as a collection site, for assistance making an online donation, or for additional information. or call ACBCO board member Jim Stevens directly at: 303-234-1946 Thank you! On behalf of ACBCO Staff, Board of Directors, Community Partners and especially those we serve, we thank you for your participation and support. January 10, 2013 City Council for the City of Wheat Ridge, CO RE: 12600 W. 42ncl Avenue, Wheat Ridge, CO 80033 Dear Council Members; Please consider this our letter of legal Protest regarding the petition/application for the rezoning of the above mentioned property to Mixed Use Neighborhood. David and Kathryn Murphy are the owners of the property located at 12700 W. 4:2n" Avenue, Wheat Ridge, CO 80033, directly adjacent to the West of subject property. We do NOT feel MUN would be appropriate and would have a negative impact on this neighborhood. The traffic through this neighborhood is high already. At the corner of Xenon and 44th is a business that we all were assured would not have a negative impact on our neighborhood. It has had nothing but a negative impact. There is a lot of traffic on W. 42nd Avenue and Xenon: Federal Express, UPS, Grainger, and that does not include the vehicles from Parks and Recreation, cut-through traffic, the delivery trucks for the headstone business, the 18 wheelers that quite often come through, and then all the traffic from Head Start, Johnston Construction, Radio Resource, Beds and Biscuits, All About Paws, trash trucks and the folks test driving RV's. Oh and then we have the people that live down here. Both of these streets are narrow and we and our neighbors have had to put up stakes so the people from Head Start do not park on our grass or when they park on the street and there is through traffic there is not always enough room for that traffic to use the road so they drive on our properties to get by. When I asked a lady not to park on my grass I was told I am a racist. Really?! Right now as it stands most of the traffic is during the week so we do have somewhat of a reprieve on the weekends. However, we do not from all the lighting. MUN would allow for a business to go in with City requirements for proper outside lighting. The residents cannot construct any fence high enough to keep out all of the lighting that has invaded the area, including the huge freeway lights (which the City cannot do anything about). We are asking the City to protect our neighborhood, we have as much right to our way of living as much as Mr. Rock has to sell his property. He does not live down here and has made it clear he does not want nor intend to live in this neighborhood, he just wants to be able to sell that property. We are asking you to vote NO, as did the Planning Commission, on this MUN rezoning petition/application. I .... _.,_ ... ~~~ ... _ .. City of ]?'Wheat R!_dge ITEM NO:~. DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 01-2013 A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE OFFICIAL PUBLIC NOTICE LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY OF WHEAT RIDGE, COLORADO 0 PUBLIC HEARING D BIDS/MOTIONS [2') RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES City Manager ISSUE: State Statute requires that each municipality annually establish the location for posting public notices, as well as the newspaper in which the notices will be published. PRIOR ACTION: In previous years, the Wheat Ridge Transcript has been utilized as the City's official newspaper for publications; official posting location has been the City Hall Lobby. FINANCIAL IMPACT: None BACKGROUND: None RECOMMENDATIONS: It is recommended the City continue to use the same newspaper and posting location as in previous years. Council Action Form January 14,2013 Page 2 . ·' . RECOMMENDED MOTION: "I move to approve Resolution No. 01-2013, a resolution designating the City Hall Lobby as the official public notice location and Wheat Ridge Transcript as the official newspaper of general circulation for the City of Wheat Ridge, Colorado. Or, "I move to postpone indefinitely Resolution No . 01-2013 , a resolution designating the City Hall Lobby as the official public notice location and the Wheat Ridge Transcript as the official newspaper of general circulation for the City of Wheat Ridge, Colorado for the following rcason(s) " REPORT PREPARED/REVIEWED BY; Bruce Roome, Deputy City Clerk ATTACHMENTS: 1. Resolution No. 01-20 I 3 TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 01 Series of 2013 A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE OFFICIAL PUBLIC NOTICE LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY OF WHEAT RIDGE, COLORADO WHEREAS, the Colorado Revised Statutes require municipalities to designate official public notice and publication locations for legal notices; and WHEREAS, such locations must be approved by the governing body of the municipality annually; and WHEREAS, the City is required by Charter, Ordinance and State Law to publish certain notices; NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Public notice of public meetings of the City Council, Planning Commission, Board of Adjustment, and all other Board, Commission, Committee, and advisory board meetings for which public notice is required, shall be posted on the first floor at the Municipal Building, 7500 West 29th Avenue , Wheat Ridge, Colorado, which location shall be deemed the official posting location for the City. Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the Charter, notices and other information required to be published in a newspaper of general circulation within the City, shall be made in the Wheat Ridge Transcript; except that, where circumstance makes publication ineffective or otherwise undesirable, the City may publish official notice on the City's website. Section 3. This resolution shall be effective upon adoption . DONE AND RESOLVED this 14th day of January 2013. Jerry DiTullio, Mayor ATIEST: Janelle Shaver, City Clerk Attachment 1 ~~i~ ... ~ .,. Cily of • :P'WheatR.i9ge ITEM NO: ___L_k. DATE: January I4, 20I3 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ENCUMBER FUNDS FOR ON-CALL STORM SEWER CLEANING AND ON-CALL TRAFFIC SIGNAL REPAIR SERVICES IN A TOTAL AMOUNT NOT TO EXCEED $85,000 FOR 2013 0 PUBLIC HEARING ~ BIDS /MOTIONS 0 RESOLUTIONS ...... --__..J ~ Public Works Director ISSUE: 0 ORDINANCES FOR I sr READING 0 ORDINANCES FOR 2ND READING D YES The Public Works Department is requesting an encumbrance of funds for on-call storm sewer cleaning and on-call traffic signal repair services for 2013. These services are needed in order to provide for the ongoing, annual cleaning, video inspecting and/or as- needed repair of storm sewer lines and appurtenances and various traffic signal repairs within the City as determined by Staff. PRIOR ACTION: City Council awarded ITB-I I -36, On-Call Storm Sewer Cleaning and Repair Services Contract, on November 28 , 20I I, to Quality Pipe Services of Englewood, Colorado. City Council awarded RFB-I 2-28, On-Call Traffic Signal Maintenance Contract on August 27, 20I2, to WL Contractors of Arvada, Co lorado. FINANCIAL IMPACT: The approved budget for th e storm sewer cleaning and repair services for 2013 is $40,000. The approved budget amount for the on-call traffic signal repair services for 20 I 3 is $45,000. Both encumbrances can be accommodated in the 2013 Public Works Department General Fund budget, Account Number 01-303-700-704, Contractual Services. Council Action Form January 14,2013 Page 2 . . . . . . BACKGROUND: On November 28, 2011, Council awarded ITB-11-36, On-Call Storm Sewer Cleaning and Repair Services, to Quality Pipe Services of Englewood, Colorado, in an amount not to exceed $50,000 and for a period of three years. $40,000 is budgeted this year for contract sewer cleaning and video inspection. On August 27, 2012, Council awarded RFB-12-28, On-Call Traffic Signal Repair Services to W.L. Contractors of Arvada, Colorado, in an amount not to exceed $55,000 and for a period of three years. $45,000 is budgeted this year for contract on-call traffic signal repair services as determined by Staff. RECOMMENDATIONS: Staff recommends that City Council approve the encumbrance of $40,000 for on-call storm sewer cleaning and repair services and $45,000 for on-call traffic signal repair services. RECOMMENDED MOTION: "I move to encumber funds for on-call storm sewer cleaning and repair services and for on-call traffic signal repair services in a total amount not to exceed $85,000 in 2013 ." Or, "I move to deny the encumbrance of funds for on-call storm sewer cleaning and repair services and traffic signal repair services for the following reason(s): " REPORT PREPARED/REVIEWED BY: Greg Knudson, Operations Manager Tim Paranto, Public Works Director Jennifer Nellis, Purchasing Agent ATTACHMENTS: 1) ITB-11-36, On-Call Storm Sewer Services, Executed Contract & Renewal 2) RFB-12-28, On-Call Traffic Signal Repair Services, Executed Contract & Renewal OTY OF WHEAT RIDGE ITI-11-H ON-CAU STORM SEWER MAINTENANCE AGREEMENT THIS AGREEMENT, maM this ~day of NoyEMIEI 2011 by and ~tween the City of Wheat Ridge, Colorado, hereinafter called "Owner" and QUAliTY PIPE SERVIaS, INC., doirl£ businen as an Individual, whose business address Is 700 W MISSISSIPPI AVENUE, K-3, DENVER. CO IOUJ , hereinafter ullflt "Contractor". WITNESSETH: That for and In consideration of the payments and a1reements hereinafter mentioned the parties asree as follows: 1. The Contractor asrees to furnish all materials, supplies, tools, equipment, labor and other services ~ry to complete the tasks of the Project titled, ITB-11-J6 ON-CALL STORM SEWER MAINTENANa In accordance with the Contract Bid Documents. 2. The Contractor asrees to perform all the Wolt described In the Contract Bid Documents and comply with the terms therein for the total not to exceed amount of flflX TttOUSMD D0UMS ($50.0001. 3. The Contractor asrees to commence the Wort required by the Contract Documents within Fourteen Cl•J calendar days after approval by Council. Term is for one year with the option to renew for three (3) one-year periods. 4. The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page J Bid Bond B Advertisement for Bids K A&reement c Information for ltdders l Payment Bond D Contractor Qualification M Performance Bond E Bid Form N Notice to Proceed F Bid Schedule 0 Final Receipt G list of Subcontractors p Special Provisions H Non-collusion Affidavit Q General Provisions lllesat Allen Certification R Addenda 5. The Owner will pay to the Contractor In the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. 6. ~ction 2-3 of the City's Code of Laws Is presented below: (a) FISCAL YEAR. Fiscal year for the City shall commence on January 1 and end on December 31. Attachment 1 (b) BUDGET CONTAINS APPROPRIATIONS. The City CouncH shaH annu8lfy adopt a budpt In a manner consistent with the proviUms of a..pter X of the Home Rule Charter of the City of Wheat Ridte . Upon the annual adoption bv City CouncH of each yu,.s bucfeet, levels of authorized expendihns from the funds Indicated wlttMn the annual budlet Itself artd/or the adoptq resolution shal constitute the appropriltlon of the amounts specified therein for the purposes spedfled therein . Du~ the course of each fisc31 yur, approval bv the City Coundf of contnct5 for IOOds or services, lltd/or approval of bids for the provision of specified pods or services, shall likewise constitute eppropMtions of the amounts specified therein for the purposes specified therein. (c) NO CONTRACT 10 EXCEED APPROPRIATION . Durinl each and any fiscal yur, no contract entered into bv or on behalf of the City shall eJCpend or contrKt to expend any money, or Incur any llabllty, nor shal lftY contract be entered Into nor any bid be awarded bv on behalf of the City which, by Its terms, involves the expenditure of money for any of the purposes tor which provision is made either In the ldopted budtet or adopt.. resolution is made either In the adopted budpt or lldoptins resolution, incl...,. any leplly authorized amendmenu thefeto, In excess of the amount appropriated In the budpt or the approved contract or bid amount . Ant connct or bid awlf'd, either Wfbal or written, made In violation of the provisions of this Section shall be void as to the City and no City monies from any source whatsoever shaH be paid thereon . (d) AMENDMENTS AND AUTHORIZED EXPENDITURES. Nothq contained herein shall predude the City Council from adopt!• supplemental .,.,....ion in a manner consistent with the provisions of Section 10.12 of the Home Rule Chaner of the City of Wheat Rldp. Further, nothinl contained In this Section shaH prewnt the malcq of contracts for pwemmentll services or for capital outlay for a period ~ one yur If such contracts are otherwise allowed bv the Home Rule Chaner of the City; provided. however, -v contract so made shaH be executed only for the amounts qreed to be paid for such services to be rendered In succeedq fiscal years. (e) NOTICE TO PARnES CONTRACTlNG WITH THE CITY. All persons contractinl with, or seltlnc loods or services to, the City are hereby placed on nottce of the pnMs1ons of this Section. The provisions of this Section shall become a pan of the Merit System Personnel Rules and Rqulatlons of the City of Wheat Rkfle; shall be referred to spedflc:ally In all public worb bid documents and contracts; and shall be Incorporated Into, or spedfic.lly noted within, aH other contracts entered Into by or on behalf of the City wherein City funds are used to pay for said contract. (f) The City may, by contract. require the contractor awarded a public works contf'llct to waive, reiHse or exti,.ulsh It ,.hts to recover costs or datnalft, or obtain an equitable adjustment. for delays In perforrnq such contract, If such delay Is caused, In whole or pan, by acts or omissions of the City or Its apnts, If the contr~ct provides that an extension of time for completion of the work Is the Contractor's remedy for such d~lay . Such a clau~ is valid and enforceable, any provision of State law to the contrary not withstandin£. (g) The City Council, bv this ordinance, d~clares Its local contracti"l powers to ~ a matt~r of purely local concern, and further ~lfy int~nds to sup~rwd~. pursuant to Its powers und~r Article XX of th~ Colorado Constitution, the provi5ions of Sections 24·91·101 and 103.5, C.R.S., insofar as they conflict with the provisions of this Section of th~ Cod~ of laws of the City of Wh~at Rids~. Colorado. 7. NQDRS Any notice or communication giv~n pursu1nt to this A&reement to the City shall be rNM In writing: Oty Contact: Gres Knudson 7500 W 29 Av~nue, Wheat Ridge 80033 OffiC~: 303-235-2869 Fax: 303·235·2857 Contractor Contact: Scott Boyd 700 W Mississippi Avenue, IC3 ~nver, CO 80223 8. TM Contractor asrees to abid~ by the requirem~nts under EXECUTIVE ORDER NO. 11246 as am~nded, Including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the r~uirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 And Th~ R~quirements Of The AMERICANS WITH DISABILITIES Act Of 1991. 9. In accordance with CRS Title 24, Article 91, Section 103.6, Parasraph 2. SUb~rasraph a, the Oty of Wheat Ridge hereby s~tes that funds have been approprilted for thi s ProjKt in an amount equal to or in excess of the Original Contract Amount. 10. llle,al Aliens-Public Contracts for Services. CRS 8·17.~101 and Public Law 210, 104"' Concress, as amend~d and expanded in Public Law 156, 108'" Congr~ss. as amended: The Contactor c~rtifies that he/she shall comply with tM provisions of CRS 8-17 .5· 101et seq. The Contractor shall not knowincly employ or contract with an illegal allen to perform work under this contract or ~nter into a contract with a subcontractor that knowinaly employs or contricts with an illepl alien. Th~ ContrKtor repr~sents, warranu, and asrees that it (i) has verified that it does not employ any illegal aliens, throush participation In the Basic Pilot Employment Verification Prosram administered by the Social Security Administration and Department of Homeland Security, or (il) otherwise will comply with the requirements of CRS 8-17.5 -101 (2)(b)(l). The Contractor shall comply with all reasonable r~quests mad~ in the cour~ of an Investigation by the CO Department of Labor and Employment. If the Contractor falls to comply with any requirement of this provision or CRS 8-17 .5-101 et seq ., the City may terminate this contract for breach and the Contractor shall be liable for actual and consequential damage5 to the City . 11. This Aareement shMI be bindfnl upon all Plnies hereto and their respective heirs, executors, lldmtntstrators, successors, and ass~tns . IN WITNESS WHEREOF, the .,_rties hereto t..ve executed, or Qused to be tiKUtH by their dufv authorizN offld.as, this Apeement In Two (2) copies, tKh of which shan be deemed an qnal on the date first above written . AJIESI: MICHAEL SNOW, CITY CLERK J} /ZJ }11 OAT£ (Seal) AillSTJO CONJMCIOR: OWNER aTY OF WHEAT IUDGE 1500 W 21111 AVENUE WHEAT IUDGE, CO IOOJJ J03-ZJ4-5100 QUAU1Y PIPE SEIMCES, INC. 700 W NISSISSIPPI AVENUE. IC-J DfNVER1 CO ICIZU nhto \II PRINT NAME ~(eSi J.,.Jt ' " -# " City of • ·r?." Wheat&_dge ~DMINI TRATIV RVICES Pun hd .. ing dnd Conlrdtling • 7500 1\ 2Q"• r\\ enut• • 1\'ht'dl RiJr,t•, lO • 8003;\-8001 • P: '\tl3.2<5.2!\JQ • F: 103 .2...'4.5Q24 October 3, 2012 Scott Boyd Quality Pipe Services, Inc. 700 W. Mississippi Avenue, ltC-3 Denver, CO 80223 Subject: ITB-11-36 ON-CALL STORM SEWER MAINTENANCE FIRST-YEAR REN[WAL OPTION Dear Scott, On behalf of the City of Wheat Ridge I wi sh to express our appreciation for our business relationship with your firm . We are nearing the end of the term of our contract for the above-referenced RFP and would like to initiate the renewal option. This is the second-year renewal for the above-referenced project, effective NOVEMBER 28, 2012- NOVEMBER 27, 2013. All terms, condit i ons, and pricing remain the same. If you are in agreement and would like to ren ew, please complete the Acknowledgement below and return, along with a current certificate of insu rance, to our office by Friday, October 19, 2012. Please retain a copy of this renewal agreement for your records. Thank you for your interest in doing busines s with th e City of Wheat Ridge. Should you should have any questions plea se feel free to contact Denise Wood in the Purchasing and Contracting office at 303-235- 2885, or email dwood@ci.wheatridge.co .us . Respectfully, f .... ~f~)tL ~ Jennifer Nellis, CPPB Purchasing Agent cc: File Autho lzed Slgn5 U>tt Printe d Name E (ple ase check one): Title PROJECT: ITB-11-36 ON-CALL STORM SEWER MAINTENANCE DUE DATE/TIME: WEDNESDAY, OCTOBER U, 1011 AT 1 P.M. LOCAL TIME VENDOR QUAUTY PIPE SERVICES LOCAnON DENVER, CO BID FORM WITH SIGNATURES YES ACCEPTS VlSA YES ACKNOWLEDGEMENT OF ADDENDA YES CONTRACTOR'S QUAUACAnON YES UST OF SUB-CONTRACTORS YES IllEGAL ALIEN COMPUANCE YES NON-COUUSION AFFAOAVIT YES STATEMENT OF WARRANTY YES .. It: lftla JET·VAC COMBINAnON TRUCK 1 $ 1.00 VACUUM TRUCK 1 $ 1.00 VIDEO INSPECTION UNIT 1 $ 1.50 ALUMINIZED PIPE, REMOVE/REPlACE 1 $ 1,900.00 REINFORCED CONCRETE PIPE, REMOVE/REPlACE 1 $ 2,200.00 POLYVINYL CHLORIDE PIPE, REMOVE/REPLACE 1 s 2,200.00 HIGH-DENSITY POLYETHYLENE PIPE 1 s 2,200.00 ~,. .... SINGLE CURB INLET-TYPE WR, CLEAN 1 $ 150.00 DOUBLE CURB INLET-TYPE WR, CLEAN 1 $ 150.00 TRIPLE CURB INLET-TYPE WR, Cl£AN 1 $ 175.00 CURB INLET-OTHER, CLEAN 1 $ 150.00 SINGLE CURB INLET-TYPE WR. REMOVE/REPLACE 1 s 10,200.00 DOUBLE CURB INLET-TYPE WR, REMOVE/REPLACE 1 $ 11,500.00 TRIPLE CURB INLET-TYPE WR, REMOVE/R£PLACE 1 $ 13,900.00 CURB INLET-OTHER. REMOVE/REPlACE 1 $ 4..200.00 MANHOLE, CLEAN 1 $ 100.00 MANHOLE, REMOVE/REPlACE 1 $ 4,800.00 OTHER ... II l"nCCI ,.Jo{J REQUESTED IY: GREG KNUDSON OPENED BY: DENISE WOOD, PURCHASING TECHNIO"ftll~' WITNESSED IY: BRUCE ROOME, DEPUTY OTY CLERK f1- ,,...,. Price I I I PriCe Prlot I I I II\ l.313 ... ··~ :;~~ RFB-12-21 ON-CALL TRAFFIC SIGNAL MAINTENANCE & REPAIR SERVICES AGREEMENT THIS AGREEMENT ma -~-of 1!PT'EM81!R. 1012, by •nd betwMn lhe ely of WhMt Ridge, Coblldo. herelneftel ;lfarNd 10 • .. -ay-or "'wn8(' 8nd W. L CONT'ItACTORS. lno.. • Cokndo Corpol.elon,locMid .... '---.... Arvlld8. co 10003, .......,.,., referred to .. the -cao.nceot'. WITNUSETH. lh8t 1tw Cly of Wheel Ridge 8nd the Conlr8dar 8Q'M a tolowl: ARJRE 1-HIMCEI The Coulr'8CU lh81 MMt a the Clly'a Col*-dOr 8nd provide • • minimum .. of the MMcel 8nd producD required In thtllltf8.12.al ON-CALL TRAFFIC SIGNAL MAINTENANCE & REPAIR IEitVICES AGREEMENT, lh8 wndor's bid, 8nd q ...... modllc81ona. MJICLI 2-TERM The wortc 10 be petfonned under thtl Agreement shill commenc8 upon CounciiiPP'QY81, NCitpC of llgned 8gr'Mfnent end lnMnnce compll8nce. THE TERM FOR THIS AGREEMENT IS n.tOUGH ........... ., M, 2013, WITH TtE OPTION TO RENew FOR THREE (3) ADDITIONAL ONE· YEAR PERIODS, 8t the 101e discrelon of the Cly. Pricing ... ,......., firm for ltw ,.,._, pertoda. The ..,eemeniiM)' be 8UIOiMIIc8ly...,....... 1: • The ely falllto conl8ct ,_.. fWm prior to the 8nd of the Qlnenl term regMIII~g the delft to renew • /fJ pricing rem8lnl lh8 ume end • The scope of work or apeclftc8aona .. not ch8nged or modified. ARDCLI 3 • P!Y"'"J' MD FIE ICtEDULI The Clly heMby .... to,_ the Cotlll.aar the 8mOUfU NqUired far wortc 8PPRMd by .. Cly, ..... unll pra. let fotth In the Coilb8Cb"l propoul. In 8COOrd8nce wlh the pruvlliona 8nd IUbjlct to the concMiol• ... foith In .. ~ 8nd the documents,.,..,... to llbove. ARDCLE 1-INDEPENQENT CONTRACTOR A. In performing the work under this AQnM1men1. the Contr8dor 8CIS as .n lndependenl ooulrecb' end il IOiety ,..,.,..,.. for MOIII.-y 8nd ....... WOfUr"S compenulon inlur8noe, peiSOn ~ end property d81Nige lne&nnoe, a well a emn 8nd omislionlln~Ur8nee. The Col_...,., n en lndepeildenl COinc&ar, il oblv-led to pay,...., 8nd stale Income tex on moniei.......S. The persor...,., ~by the Connclor .. not end lhel not become.,...,._, ~or MrV8nll of the ely beceiiH of .. perfonnence of .. wark by thtl ~ B. The Coull-*"' ....,.,. lhlll fl • no1 emptowect or relllined eny OCifni*'Y or penon, alt.-lhen • bonlllde em~ wortdng IOiely far 1. to IOIIcl or MCUre lhil AQnMimenl. end lhel 11 hM not peid or lgfMd to pey .wy compeny or per10n, other lhen bone fide ernplo)iMI WOitdng ealely for the Cornctar, any commllllon, percerage, brokerage fee, gifts, or eny other oonslderallon. oondnQenl upon or reaulmg from the ewerd or meklng of thil AgNimenL For brMCh or vlolllllon of lhll werrenty, the City will heve the righl to ..,.,. thil AQieemenl wtlhoulllllbllly, or In II dllaltlion to deduct fnJm lhe Agreement price or conaidei1dion. or otherwtM t'80CMir lie fu8 emount of IUCh fee, commlnion, petcencege, broketege fee, gift. or oontlilgenl fee. ARTICLE 5-INsuBANCE In accordance with Article 4 ebove, lhe CothdGr ahell fumiah • certlficaee of inlwence upon notflcellon of award •nd prior to perfonnanoe. Wen shell not commence under thil Agreement untl the Conlrector ha submilted to u. City and ~ ~ u.r.ot, a certf'ate ollntur80Ce ahowlng com~ wtlh the following minimum types 8nd cownges ol inl&nnce. Type gt l!lllKIOCI Comprftn~Ne Automoble MiJinum Umjtl of lllbllty StiWiory In conformance wllh the oompenuUon laWI ollhe Stille of Colcndo seoo.ooo -="' perun; Not lea IMn $1,000,000 aggregate llml Minimum ol $800,000 combined single limit eulo ....... All liability poldel and/01 Certlflcalel of 1~ lhall lndude the City of Whut Ridge • an ~ named lnlwed. Nothing herein shall be deemed 01 construed aa a waiver ol any o1 the proeectionl to~ the Aoenc* may be entllled ~ to the caor.cto Govemmecltlll Immunity ~ HCtionl24-10-101, C.R.S ., • amended. MDCL£ I -INDEMNifiCADON The Connctor .-s to Indemnify and to hold the City 8nd b .... hermleA far, from 8nd ..,_. .ny and all deiml, ..... expenses, derMgM Ot OCher Matllliel, Including reasoneble lttomey .... and court coati nang out ol damage or Injury to per10111, entltiel, or poperty CIIUiel or IUit.lned by .ny person 01 per.ans • a reautt ol the negligent petformence or falure of lhe Connctor to pnwide MfYicel p&nU8nt to the terms ol this AQNemenl ARDCLE 7 -CHANGE ORQERI QB EXTEHIIQNS The Cly may, from time to lime, requtre c:hangelln the acope aiHfVicel al the ConCr-=tor to be performed ....,.. Such dlengea, InCluding any 1nc:tea1e or deere•• In the amount ol the Counctor'a compenution, mull be rnutullly ~ upon In wrD1g bv the Cly and the Connctar. The Connctor lhall be compenl-.cl far .u authorized ~ In NMcel, JMif'll*1l to the ~far Prapoul, or tr no pnMalon exlltl, pur.u.nt to the Ierma ollhe Chlnge Order. ABDCLE I-EQUAl, EMPLOYMENT OPPQRIUNIIY A. The Coi*8C10t 1h811 not dilc:rimlnnt 8Q1Nt any em~ or 8PPflcanC for employment because of ega, niCe, calor, religion, MX, Ot nation8l origin . The Conndor lhlll 8Cfwe to 8CCepCable afftrmetive action guidelines In MleciJng em~ end thai ensure thll ~ .. treated ~ during employment, without rwgwd to their ega, niCe, calor, religion, sex. or rwtional origin . Sud1 .aJon lhlll include, biJt not be Umlled to the following : ~ ~ demotion Ot ......,_, reaultment or rec:ruitrnent advertiling. layoff or tennlnetion,,.... ol pay or other forms of cam.,.,....,., and Mlectlon for training. lndudlng ~ .• The Conlractor agrees 1o post In conspicUoul places, avallabAe to~ end applk:anls for~ notices provtded by the loc:al public agency eettlng forth the provisions of this nondllatmlnation cl8use. B. The eo..actor will cause the foregoing provillonl to be Inserted In al IUbcontnlcll for any WOft c::owred by this ~ so thet IUCh provision~ wll be binding upon eech subcontrectar, provtded that the foregoing provilions shell not apply to contracts 01 subconlrects for standard commercial IUppltes or raw materiels . ARTICLE I-CHARTER. LAWS MD ORQINMCES The Contrac:cor at II limes cUtng the performance of this Agreement, agrees to ltrtctly adhere to a1 applicable Federal, State and Local -... rules, regulations . and oninances that aftld or govern the work as 2 conlempiMid under this Agreement. MIJCLE 1R-LAW AND YENU£ ,. -. d the sa.ee d Colcndo ...,. ocw-n • to the llllllprelldon. Yllfidlly. Met effecl d lhll Agreement. The .,.,.. agree twt venue and jurtldicllon far dilpuiH Nglfdlng pefformela d lhll eo~ net II wllh 1te Olltrtct Court d Jeflerlon COunty, Colcndo. MDCLE 11 -TERMINATION A. The Conll-=tor IICknowledgel th8l hll f.atn to eccomplith the work • detc:ribed ah8l be ~ • ,..,.., brMCh tA the COillt8Cl 8nd entlle .. Cly to coneequentill d8rnllgel reeutling from ~. adl, or omilslonl Inducing but no1 limled lO ~ cats, lnlufftctenl or improper work. The City 8nd the Conndor agree thll COitllact may be C811C11ed for cause ~ ellher perty wlh a fifteen (15) day prtor written notice. The COli d completing the portion of the WOfk wf*" remalnl """*forrMd at the time d IUCh lannilwtion .,.. be deduded from the conhcl price before ~-made. B. n. Cly may tarmlnale the AgrMrnent for Ita conwnienca upon thllty (30) days wrt11en notice. In the event d IUCh lermlnation, the Contr.aor wll be paid for all work and expenMSincurNd up untl the lime .d IUCh termination. C. AI WOfk accomplilhld by the Conlrectar prior to the date d such a.rmlnatian, shall be reco~ded and tangible work documentl lhllll be trentferred to and become the IOie property d the Cly prior to peyrnent fur HMcel ,.,.,.., .AftJJCLE 12-NOTICE§ Notte. or oommunlcatian given pursuent to thll AQrMment shall be rna In wridng to: Cltv Contact: CcNib'MW Colaat: Gtea Knudson Timt..ch Public Warkl W. L Canlradars Inc. 7500 W. 2f1" Ave. Ave. 5920 l.anw St. Wheel Rklae. co 80033 ·Alvada co 80003 ,._....whealridae.CO.UI Tlm8T..-nWl.com Phone: 303-20&-7eo1 Phone: 303-422-7885 Fax: 303-431-7139 Fax: 303-422-3028 ARTICLE 13-ASSIGNMENT AND IUICONJBACTORI The dulles and abllgalionl d the Colli!.-arising hereunder cannot be assigned, delagaled, nor subc:anlr8ded except with the exprns written coneen1 d the Cly. The IUbcontrackn perm.., by the Cly shall be aubject to the ~ d lhll AQ!eer'n8N. and the Connclor II ~ for II eubcontlacting .,..,....,.., and the dellwry d MrVIcel • set forth In thll AQNement. The Conlnlctor ahal be responlible for the performance d any llJb.eonlractor. ARTICLE 14-SEVERMILfD' To the extent that the AQrMment may be execulad and performance d the abfigallonl d the pertlel may be accompllhed wlhln the Intent d lhe Agreement, the terms d thll AQreement are amwable. and should any term or proYiiJon het.of be declared Invalid or become Inoperative for any reason, IUCh Invalidity 01 falure shal no1 affect the velidlly of any other term or provision hereof. The waiver d any breach d a term hereof shal no1 be construed as a waiver d any other term. or the same term upon subeequert breach. l ARTICLE 15-INTEGBAUON OF UMDERSJAHQitGS Thil Agreement illnlended as the oompllte ~ of .. 1 underllandlngl between the pdel. No prior or c:one.mpcnneoua 8ddltion. deletion. or octw amendment hereto lhllll have .,..Y force 8nd effecl wh811oever, unless embodied heNin in writing. No a.lblequent novlltion, ,..._,.., Mdltlon, deletion, or octw 8IMndment hereeo atwl h8ve any force or err.ct unless embodied In writing anclltgned by an authorized ,. .... llative d the City and the Conlrador. ARTICLE 11-AUTHORIZATION Each party repr111nt1 MCI warrants that It has the power and abMy to enter Into thll Agreentn. to gr1nt the rtghla granted heNin and to perform the duties and obligations delc:rlbed herein. IN WITNESS WHEREOF, the pertiel hereto h8ve executed, or caused to be exeolted by theW duly authoriZad afliaall, thll ~ In two (2) ortglnall, 8IICh of wNch IMII be deemed en origlnel on the d8te flrat wrfllen above. AUESJ: QWNER CITY Of WHEAT RIOGE 7500 W zt'" AVENUE WHEAT RIDGE, CO 10033 303-Z•M-ti8DU PRINT NAME ~&AM •' c2,y1 {1Jf# f-Z,IJ-(2- DATE ~ ~ '~ .. ~ r City of JP'WheatR!_dge ITEM NO:~· DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 02-2013 - A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $3,007 FOR PAYMENT TO JEFFERSON COUNTY CLERK AND RECORDER FOR CONDUCT OF THE NOVEMBER 6, 2012 GENERAL ELECTION 0 PUBLIC HEARING D BIDS /MOTIONS cgj RESOLUTIONS 0 ORDINANCES FOR 1sT READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES ty Clerk ISSUE: The Jefferson County Clerk and Recorder's office has sent the City of Wheat Ridge its bill for the City's portion of the 2012 Coordinated General Election. The total bill is $20,997.76. PRIOR ACTION: City Council approved $13,490.50 for Election Expenses in the 2012 budget. The City Clerk's Office has detennined it will not use $4 ,500.26 from the Legal Notices & Pub li shing account which can be put towards the Jefferson County bill. This leaves the City $3 ,007 short of a complete payment. Council Action Form January 14, 2013 Page 2 FINA~CIAL IMPACT: The requested amount of the supplemental budget appropriation is $3,007 to complete the payment due to the Jefferson County Clerk and Recorder's office. BACKGROUND: On August 13, 2012 the City of Wheat Ridge executed an Intergovernmental Agreement (IGA) with the Jefferson County Clerk and Recorder's office to coordinate the 2012 General Election. Per this IGA, Article IV Costs: "The Jurisdiction shall pay its pro-rated share of Election costs for all Election services, including, without limitation, staff time (regular and overtime), equipment, forms, materials, and supply costs. In addition, the Jurisdiction shall pay its share of pro-rated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct of the Election, at each employee's pay rate or, if such costs do not exceed $1.000, then $1000, whichever is greater. The Jurisdiction's pro-rated costs shall be determined in accordance with the formula set forth in Exhibit A attached to, and incorporated into, this Agreement." RECOMMENDATIONS: Staff recommends that City Council approve the supplemental budget request. RECOMMENDED MOTION: "I move to approve Resolution No. 02-2013 - a resolution amending the fiscal year 2012 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $3,007 for payment to the Jefferson County Clerk and Recorder for conduct of the November 2012 General Election." Or, "I move to postpone indefinitely Resolution No. 02-2013 a resolution amending the fiscal year 2012 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of$3,007 for payment to the Jefferson County Clerk and Recorder for conduct of the November 2012 General Election for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk ATTACHMENTS: 1. Resolution No. 02-2013 2. Jefferson County Clerk and Recorder Invoice 3. August 21,2012 executed IGA between City of Wheat Ridge and Jefferson County CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 02 Series of 2013 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $3,007 FOR THE PAYMENT TO JEFFERSON COUNTY CLERK AND RECORDER FOR CONDUCT OF THE NOVEMBER 6, 2012 GENERAL ELECTION WHEREAS, the City of Wheat Ridge coordinated their 2012 General Election with the Jefferson County Clerk and Recorder; and WHEREAS, the City of Wheat Ridge placed a question on the ballot thereby increasing costs; and WHEREAS, the total cost due to Jefferson County exceeds the amount budgeted; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City Council authorizes the transfer of $3,007 from the general fund undesignated reserves to account number 01-108-700-708 and the amendment of the 2012 fiscal year budget and revenues accordingly. DONE AND RESOLVED this 141h day of January 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 REQUEST FOR BILLING TO BE MADE BY THE ACCOUNTING DEPARTMENT TO: ACCOUNTING DEPARTMENT DATE: December 20, 2012 FROM: CLERK AND RECORDER, ELECTIONS DEPARTMENT APPROVAL SIGNA TlJRE PLEASE RENDER A BILLING TO: CITY OF WHEAT RIDGE NAME 7500 W. 29TH AVENUE ADDRESS WHEAT RIDGE CITY JANELLE SHAVER ATTENTION TO (303) 235-2823 PHONE NUMBER co 80033 STATE ZIP CODE FOR SERVICES OR GOODS PROVIDED FOR CONDUCT OF NOVEMBER 6, 2012 GENERAL ELECTION. IN THE AMOUNT OF$ $20,997.76 DATE RECEIVED ADDITIONAL PERTINENT INFORMATION REIMBURSE TO ACCOUNT# 030 16030 341400 PROJECT CODE ANY SUPPLEMENTAL INFORMATION SHOULD BE ATTACHED TO THIS REQUEST. Please retain a copy tor your records. Attachment 2 m:clcction dectioruclctorms'hilling rcquc>st CONDUCT OF I'LECTION .doc JNTERGOVERNMENT AL AGREEMENT FOR COORDINATED ELECTION THIS INTERGOVERNMENT AGREE ME N~ FOR COORDI NATED ELECTION (the "Agreement") is made and entered into A"' .J ~~ ~ l ~ • 2012 by and between the CLERK AND RECO RDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk") and the City of Wheat Ridge (the "Jurisdiction"). collectively referred to as the "Parties." WITNESSETH WHEREAS. pursuant to C.R.S. §1-7-116(2), as amended, the County Clerk and the Jurisdiction shall enter into an agreement for the administration of their respective duties concerning the conduct of the general election to be held on November 6, 2012 (the "Election"); and WHEREAS. the County Clerk and the Jurisdiction are authorized to conduct elections as provided by law: WHEREAS. the County Clerk will conduct the Election as a "coordinated precinct polling place election" as such term is defined in the Unifonn Election Code of 1992, C.R.S. Title I, as amended (the "Code") and the Cu~nt Rules and Regulations Governing Election Procedures adopted by the Sc<:retary of State, as amended (the "Rules"): WHEREAS. the Jurisdiction has certain ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election; and WHEREAS. the County Clerk and the Jurisdiction have detennined that it is in the Parties ' best interests to cooperate in connection with the Election upon the terms and conditions contained in this Agreement. NOW, THEREFORE. for and in consideration of the promises herein contai~ the sufficiency of which is hereby acknowledged. the Parties agree as follows: ARTICLE I PURPOSE AND GENERAL MA1TERS 1.01 !iB(. The purpose of th is Agreement is to set forth the Parties' respective tasks in order to conduct the Election and to allocate the cost thereof. 1.02 Coordinated Election Official. The County Clerk shall act as the "coordinated election official" in accordance with the Code and Rules and shall conduct the lection for the Jurisdiction and do all other things required to be done by it in accordance with the Code and the Rules. The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the Attachment 3 authority of the County Clerk and shall have pri mary responsibility for the coordination of the Election with the Jurisdiction and completion f proc edures assigned to the County Clerk hereunder. Nothing h rein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responsibilities for the conduct of the Election . I .OJ Design a ted El edjoa Offi ial . The Juri dict ion designates Janelle shaver, CitY clerk as its "Election Officer" to act as primary liaison between the Jurisdiction and the Contact Officer. The Election Officer shall have primary responsibility for Election procedures to be handled by the Jurisdiction. The Election Officer ha ll ac:t as the ·•designated election official" in accordance with the Code and Rules and shall do all things required to be done by it in accordance with the Code and the Rules. The Election Officer hall be readily available and accessible during regul ar business hours. and at other times when notified by the Contact Officer in advance. for the purposes of consultation and decision-making on be half of the Jurisdiction. In addition. the Election Offi c r is responsible for receiving and timely responding to inquiries made by its voters or others inte re ted in the Jurisdiction's electi on . 1.04 Juriscli~tional Li mitation. The Jurisdiction encompasses territory within Jefferson County, Colorado. Th is Agree ment shall be construed to apply only to that portion of the Jurisdiction situated within Jefferson County. 1.05 Tenn. The tenn of this Agreement shall be from the date set forth above through December 31, 2012 and shall apply only to th e lec tion. ART ICLE II DUTIES OF THE COUNTY CLERK l.OI Couptv Cl rk Duties. The County Clerk shall perfonn the following duties for the Jurisdiction: A. Voter Registration. I. Supervise, administer and provide necessary facilities and fonns for all regular voter registration sites. 2. Notify the Jurisdiction of the cenified number of registered electors residing within the Jurisdiction as of the close of the registration books on the 29th day prior to the Election. B. Ballot P...-ratioa. I. Layout the text of the ballot in a fonnat that complies with the Code and the Rules . 2. Provide ballot printing layouts and text for the Jurisdiction 's review and signature. 2 l. Cenify the ballot content to the printer(s). 4. Contract for mail-in ballots. sample ballots and precinct polling place ballots with a vendor acceptable to the County Clerk. C. Voter Lists. I. Upon request of the Jurisdiction. create a list of registered voters containing the names and addresses of each elector registered to vote in the Jurisdiction. The Jurisdiction shall pay the County Clerk for the cost of such list at the County Clerk's standard rate. 2. Upon request of the Jurisdiction. cenify such registntion list to one or more designated representatives of the Jurisdiction. D. Staff. Appoint and train a sufficient number of staff (including part-time, full-time and temporary) to adequately serve the number of electors registered to vote at the Election. E. Election Judges. Appoint and compensate a sufficient number of election judges for each polling location and for locations for absentee mail-in ballots. as required by law. The Jurisdiction shall pay its pro-rated share of Election costs (as further described in Article IV) for training. criminal background records checks and compensation of election judges. F. Mail-In and Earfy Votiag. I. Conduct mail-in. early and emergency votina in the County Clerk's office and at other locations for the Jurisdiction as required by the Code. 2. Obtain and provide all ballots and supplies necessary for mail-in, early and emergency voting together with replacement ballots. G. Election Supplies. Provide all nec e sary equipment. forms and supplies to conduct the Election. including the County's electronic voting equipment. The Jurisdiction shall be charged its pro-rated share of Election costs for any software programs used to count voted ballots as well as pre· and post-election maintenance and on-site technical personnel. H. Election Day Preparatioa. I. Prepare and run pre-election logic and accuracy testing in accordance with C.R.S. § 1-7-509(2) and the Rules. 2. Provide necessary electronic voting equipment together with personnel and related computer equipment for pre-election logic and accuracy testing and Election day needs. 3 I. Voted Ballot Deposit I. Provide a ballot box and seal within the Jurisdiction's primary business location for the use by all county voters. 2. Provide daily business-day pick-up of the sea led ballot box containing voted ballots from all assigned locations, and provide a replacement empty ballot box and seal. J. Election Day Adivities. I. Provide telephone and in person support from 6:00a.m. to the conclusion of ballot counting on Election day. 2. Inspect voted ballots, count ballots and furnish the Jurisdiction with unofficial results of the Election. K. Coaatiaa Ballots. I . Conduct and oversee the ballot counting proce ss and report the results by Jurisdiction . 2. Establish backup procedures and backup sites for bn llot counting should counting eq uipment fail. In such event.. counting procedures will be mov ed to a predetennined site for th e duration of Election counting procedures. 3. Provide personnel to participate in and assist with balloc counting pi"'(:edures. The Jurisdiction shall panicipate to ensure its panic:ipation in any electron i vote tabu lati ng proc e ses. L. Certifying Results. I. Appoint. instruct and oversee the board of canva ers . 2. Certify the results ofthc Jurisdiction's Election within the time required by law and provide the Jurisdiction with a copy of all Election statements an d certificates. which are required under the Code. 3. If a recount is called for, conduct a recount in accordance with applicable law. 4. Conduct post ..election audit of voting equipment and vote..c;ounting equ ip ment in accordance with C.R.S. § 1-7-509 and the Rules. 4 M. Reeordkeeplng. I. Store aJI Election n:c:ords as required by law. Store all voted and unvoted ballots for the time period required by the Code. store voter affidavits of electors who taSt ballots in the Election for a minimum of 25 months in such a manner that they may be accessed by the Jurisdiction, if necessary. to resolve any challenge or other legal questions that might arise regarding the Election. 2. Capture vote history for the County Clerk's election department vote history file by County prcciMt. 2.02 No Expansion of Duties. Nothing contained in this Agreement is intended to expand the duties of the County Clerk beyond those set forth in the Code or the Rules. ARTICLE Ill DUTIES OF JURISDICTION 3.01 Jurisdidion's Duties. The Jurisdiction shall perform the following duties: A. Authority. Provide the County Clerk with a copy of the ordinance or resolution stating that the Jurisdiction has adopted the Code and that the Jurisdiction will participate in the Election in ac<:ordance with the terms and conditions of this Agreement. The ordinance or resolution shall funher authorize the presiding officer of the Jurisdiction or other designated person to execute this Agreement. B. Call and Notice. Publish all notices relative to the Election as required by the Code. the Rules, the Jurisdiction's Charter and any other statute. rule or regulation. C. Votiag Jurisdiction. Furnish the County Clerk with maps or other legal descriptions of each pm:inct. ward and voting jurisdiction no later than August 28, 20 12. D. Petitions, Prepa,..tion and Verifaation. Perform all responsibilities required to certify any candidate or initiative petition to the ballot. E. Ballot Prepa,..tioll. I . Submit a copy of the list of candidates. ballot issues or questions and the titles and summaries of each such issue and question to the County Clerk via email or electronic: format exactly as such list is to be printed on the ballot pages no later than September 7, 2012 at 3:00p.m. 2. Provide audio record ina of the proper pronunciation of any candidate name ccnified to the Clerk and Recorder. 3. Proof the layout and text of any official baJ lot before authorizing the printing of such ballot via signature approval to the County Clerk. 5 F. El~tion Day Preparation . Provide a minimum of one individual to represent the Jurisdiction at pre-election logic and accuracy testing required by the Code and the Rules and provide a minimum of one individual to represent the Jurisdiction on the canvass board, which shall be established as provided in C.R.S. §1-10-101, et. seq. The name ofthe Jurisdiction's representative shall be submitted in writing to the Contact Officer on or before 5:00 p.m. on October 22, 2012. the I S .. day prior to the Election. G. Voted Ballot Deposit . I. Provide a prominent location for a sealed ballot box in which all county voters may deposit their voted ballot. The ballot box must be available to voters from 7:00a.m. to 7:00p.m. on the day of the Election. 2. Provide constant supervision during business hours for the ballot box and ensure that the ballot box is never left unattended. 3. Provide a secure. locked storage location for the ballot box during all non- business hours. 4. Provide for the secure delivery of sealed ballot boxes to the County Clerk immediately after polls close on Election Day. H. Ballot Counting. Participate in vote tabulating Pf'O"dures. J.02 Capcellatioa of E~tioa by tbe Jurisdktioa. If the Jurisdiction resolves not to hold the Election, then written notice shall be delivered to the Contact Officer immediately; fl"'Vided. however that the Jurisdiction shall not cancel the Election after the 25th day prior to the Election. If the Jurisdiction cancels the Elmion, it shall pay the County Clerk its actual costs relating to the Election, which may include costs incurred both before and after receipt of the Jurisdiction's notice of cancellation, within 30 days after cancellation. The Jurisdiction shall provide notice by publication (as defined in the Code) of cancellation ofthe Election and a copy ofsuch notice shall be posted at each polling place of the Jurisdiction, in the office of the Jurisdiction and in the office of the County Clerk. ARTICLE IV COSTS 4.01 El~tion Costs. The Jurisdiction shall pay its pro-rated share of Elections costs for all Election services, including, without limitation, staff time (regular and overtime), equipment, fonns, materials and supply costs. In addition. the Jurisdiction shall pay its share of pro- rated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct of the Election at each employee's pay rate or. if such costs do not exceed S I ,000. then S I 000. whichever is greater. The Jurisdiction's pro-rated costs shall be detennined in accordance with the fonnula set forth in Exhibit A attached to, and incorporated into. this Agreement. 6 4.02 lavoice. The County shall submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total due upon m:eipt. Any amount not paid within 30 days after receipt will be subject to an interest charge at the lesser of I ~% per month or the hiahest rate pennittcd under law. ARTICLE V MISCELLANEOUS 5.01 Notjm. All notices required to be given under this Agreement shall be deemed received and effective: (I) three days after the same is mailed by first class. certified mail, return receipt; (2) immediately upon hand delivery; or (3) immediately upon confirmation of receipt during regular business hours if sent via facsimile; to the address ofthe Parties as set forth below or to addresses as may be designated by a Party hereafter in writing. To the County Clerk: Pamela Y. Anderson with a copy to: To Jurisdiction: Jefferson County Clerk and Recorder I 00 Jefferson County Parkway, Suite 2560 Golden, Colorado 8 4 19 Fax: (303) 271-8197 Jefferson County Attorney's Offic e I 00 Je.fferson ounty Parte way, Suite SSOO Golden, Colorado 804 19 Fax: (303) 271-8901 City of Wh eat Ridge 7500 w. 29th Avenue Wh eat Ridg e, co 80031 303-235-2816 Fax: 303 -234 -5924 5.02 Ameadmeat. This AgRement may not be modified or amended except in a writing signed by the Parties. 5.03 Eptire Aereenaept. This Agreement and its Exhibits constitute the entire agreement between the Parties as to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals. nego tia tions. understandings, representations and all other communications, both oral and written, between the Parties. 5.04 lademaificatioa. To th e extent pe rmitt ed by law, each Party agrees to indemnify and hold harmless the other Party, its offic ials, me ers, employees and agents from and against any and all losses, costs (including attorneys fees), dem ands or actions arising out of or related to any negligent actions. enors or omissions of the indemnifying party in connection with the transactions contemplated by this Agreement. 7 5.05 Conflict of Agreement with La"·· Impairment. If any provision in this Agreement conflicts with the Code. Rules, statute or resolution or ordinance duly adopted by the Jurisdiction. this Agreement will be modified to confonn thereto. No subsequent resolution or ordinance ofthe Jurisdiction shall waive or impair the rights of a Party without the consent of the other Pany. 5.06 Time of Essence. Time is of the essence in the performance of this Agreement. The time requirements of the Code and the Rules shall apply to completion of the tasks required by this Agreement. 5.07 No Third Party Beneraciaries. Enforcement of the terms and c<>nditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or entit)' not a pany to this Agreement. 5.08 Further Assurances. The Parties shall execute any other documents and to take any other action necessary to carry out the intent of this Agreement. 5.09 Governing Law; Jurisdiction & Venue. This Agreement and the rights of the Parties under it will be governed by, and constrved in acrordance with, the laws of the State of Colorado, without regard to the oontlicts of laws rules of Colorado. The courts of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under this Agreement. Venue for any and all legal actions arising under this Agreement shall lie in the District Court in and for the County of Jefferson, State of Colorado. 5.10 Headings. The section headings in this Agreement are for reference only and shall not effect the interpretation or meaning of any provision of this Agreement. 5.11 Countemarts. This Agreement may be executed in counterpart, each ofwhich will be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or email transmission will constitute effective and binding execution and delivery of this Agreement. !til Senrability. If any provision ofthis Agreement is declared by a court of oompctcnt jurisdiction to be invalid. void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as If such provision were omitted. 5.13 Immunities Preserved. It is the intention of the panics that this Agreement shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Govemmentallmmunilies Act, §24-10-101, C.R.S, et seq. 8 IN WITNESS WHEREOF. the Panics have signed this Intergovernmental Agreement for Coordinated Election as of the date set fonh above. UNTYCLERK: ::P~ch HEJURISOICTION: Nmme :Ge r •ld O•hl Title: City Attorney 9 EXHIBIT A C ALCULA TJON OF ELECTION COSTS FOR A JURISDICTION I) Each ballot sl)'le is comprised of different combinations of jurisdictions on the ballot. For example Ballot Style I might include the Counl)' and State only, Ballot Style 2 might include the County, the State and the Jurisdiction. 2) The Counl)' Clerk first determines the total nwnber of voters for each ballot sl)'le by utilizing a computer program after ballot informa1ion Is entemi Into its system. lben, the total nwnber of voters for each jurisdiction by ballot style is determined by taking the total number of voters for each ballot sl)'le and dividing this number by the number of jurisdictions panicipating in such ballot style. Using the scenario in number I above. if Ballot Sl)'le 2 had 99 voters. then each entily would be allocated 33 voters because three jurisdictions share that ballot style (99 divided by 3 33). 3) The total number of voters a jurisdiction is allocated pursuant to the formula in number 2 above is then divided by the total number of registered voters in the Counl)'. Using the example set forth above for Ballot Sl)'le l, each jurisdiction is allocated 33 voters. Thus. 33 is divided by the tocal number of registered voters to determine the percentage for which each jurisdiction is responsible in connection with Ballot Sl)'Je 2. For example, ifthe total numberofregislered voters was 10,000, then each jurisdiction would be responsible for .33'"• for Ballot Style 2 (33 divided by 10,000 .0033 or .33%). 4) After all ballot sl)'les are tallied. the percentages for the ballot styles for each jurisdiction are added together to get that jurisdiction's grand total percentage. For example, if the Jurisdiction was included in three ballot sl)'les and the Jurisdiction's resulting percentages for the three ballot sl)'les was 0.6%, 0.25%, and 3.S,.,,, the sum of these percentages for the three ballot styles would result in a grand total of 4.35% (0.6 0.25 3.5 4.35%). S) The resulting percentage grand total d~ribed In the formula in number 4 above is then used to determine a jurisdiction's total COSI for the election. for example, if the Jurisdiction's grand total percentage was 4.35~. and the total cost of the election was $200.000. then the Jurisdiction would owe $8700.00 ($200,000 multiplied by .043S $8700.00). There is a S I 000 minimwn charge, so no jurisdiction will be charged less than S I 000. A II numbers used above are for illustration only. The Jurisdiction shall not assume the above examples reflect Its actual or estimated cost for the Election. See also sample chart below for further illustration. (YEAR] (ELECTION TITI..E] (JURISDICTION] STYLE NUMBER OF DIVIDED BY THE TOTAL VOTERS DIVIDED BY PERCENTAGE NUMBER VOTERS NUMBER OF PER TOTAL PER JURISDICTIONS JURISDICTION NUMBER OF JURISDICTION BALLOTS ISSUED TOTAL {000,000) TOTAL PERCENT AGE FOR (JURISDICTION] 10 .... ~~~ .. ~ ~ City of • JP'"Wheat:Ri_dge ITEM NO: ___Ld. DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFB-13-04-2013 TO JPK MICRO SUPPLY, INC. IN THE AMOUNT OF $36,300 FOR THE SCHEDULED UPGRADE, REPLACEMENT AND STANDARDIZATION OF THE CITY'S COMPUTER NETWORK 0 PUBLIC HEARING fZI BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING D YES The scheduled and budgeted replacement of obsolete computer equipment at all sites. PRIOR ACTION: Council approved in 2010, 201 I and 2012. FINANCIAL IMPACT: This is part of the upgrade, replacement and standardization of the City's computer network. These funds are budgeted in the Administrative Services, IT Division 2013 budget. BACKGROUND: The City is on a five-year desktop replacement schedule. It is defined whereby IT replaces the computers based on a five-year life span. There are approximately 275 desktop computers in the City. A rotation has been defined that allows the replacement of about one fifth of the computers each year. This year we are replacing 50 units. The computer specifications are based on the latest Intel specifications and are sized-based on user requirements. Each year an RFP is issued by Purchasing to any interested bidders. Council Action Form January 14,2013 Page 2 On January 3, 2013, seven bids were received. All bids met the initial bid requirements. The apparent low bidder was Howard Technology Solutions in the total amount of $33,900. However, the bid did not meet the technical specification. The next runner up was JPK Micro Supply, Inc., in the total amount of $36,300, which is an increase of $2,400 but is an exact match to the specification. Award is based on the lowest most responsive and responsible bid. Staff has evaluated the bids and recommends award to JPK Micro Supply, Inc. in the amount of$36,300. RECOMMENDATIONS: IT staff recommends purchasing 50 computers in 2013, maintaining the five-year rotation basis, from JPK Micro Supply, Inc. in the total amount of $36,300. This will improve the availability, speed, features and reliability of the City's desktop deployment. This is part of the upgrade, replacement and standardization of the City's computer network. These funds are budgeted in the 2013 budget. RECOMMENDED MOTION: "I move to award RFB-13-04 -2013 to JPK Micro Supply, Inc. in the total amount of$36,300 for the scheduled upgrade, replacement and standardization of the City's computer network." Or, "I move to deny award of RFB-13-04 -2013 to JPK Micro Supply, Inc. in the total amount of $36,300 for the scheduled upgrade, replacement and standardization of the City's computer network for the following reason(s) " REPORT PREPARED/REVIEWED BY: Michael Steinke, IT Manager Jennifer Nellis, Purchasing Agent ATTACHMENTS: I. Bid Tabulation Sheet PROJECT: RFB-13-04, 2013 ANNUAL COMPUTER REQUIREMENTS DUE DAT£/TIME: THURSDAY, DECEMBER 27, 2012 BY 2 P.M. LOCAL TIME VENDOR Aprisa Technology LOCATION Roslyn, NY BIDDER INFORMATION FORM YES ACKNOWLEDGEMENT OF ADDENDA (1) YES DETAIL OF WARRANTY YES PRICING: QlY UNIT PRICE TOTAL BRAND/SYSTEM QUOTED: Ace Vision 9QT MICROSOFT WINDOWS 7 PROFESSlONAl OEM UCtNSES : so $ 142.00 $ 7,100.00 COMPUTER SYSTEMS, AS SPEOFIED : so $ 73S.OO $ 36, 7SO.OO DEUVERY, IF APPLICABLE : INCLUDED TOTAL: $ 43,8SO.OO Po~lof3 REQUESTED BY: MIKE STEINKE, IT D.IVISION OPENED IY: JENNIFER NELLIS, PURCHASING AGENJj)/'1 WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAI6d.f' B&H Photo-Video-Pro Audio CORE ECS New York, NY Atlanta, GA YES YES YES YES YES YES QlY UNIT PRICE TOTAL QlY UNIT PRICE TOTAL Lenovo 0958A1V Dell Optiplex7010 so $ 13S .2S $ 6,762.SO so $ 83S.OO $ 41,7SO.OO so $ 629.00 $ 31,4SO.OO so INCUUDED $ - INCLUDED INCLUDED $ 38,212.SO $ 41,750.00 Attachment 1 PROJECT: RFB-13-04, 2013 ANNUAL COMPUTER REQUIREMENTS DUE DATE/TIME: THURSDAY, DECEMBER 27,2012 BY 2 P.M. LOCAL T1ME VENDOR Grace Global Corporation LOCATION Salt Lake City, UT BIDDER INFORMATION FORM YES ACKNOWLEDGEMENT OF ADDENDA (1) YES DETAIL OF WARRANTY YES PRIONG: QTY UNIT PRICE TOTAL BRAND/SYSTEM QUOTED: Grace J-Box N425 MICROSOFT WINDOWS 7 PROFESSIONAL OEM UCENSES: so s 144.20 s 7,210.00 INTEL SYSTEMS, AS SPEOFIEO : so s 63S.91 s 31,79S.SO DELIVERY, IF APPLICABLE : INClUDED TOTAL: s 39,005.50 Po~lo/3 REQUEST£D IY: MIKE ST£1NICE, IT DIVISION OPENED IY: JENNIFER NEWS, PURCHASING AG~ WITNESSED IY: DENISE WOOD, PURCHASING TtOtNI~ Howard Technology Solutions JPK Micro Supply Ellisville, MS City of Industry, CA YES YES YES YES YES YES QTY UNIT PRICE TOTAl QTY UNIT PRICE TOTAL Howard 87SMI<B Intel so s 150.00 s 7,SOO.OO so s 13S.OO s 6,7SO.OO so s S35.00 s 26,750.00 so s 598.00 s 29,900.00 INCLUDED INClUDED s 34,250.00 s 36,650.00 PROJECT: RFB-13-04, 1013 ANNUAL COMPUTER REQUIREMENTS DUE DATE/11ME: THURSDAY, DEaMBER 17, 1011 IV 1 P.M. LOCAL nME VENDOR Storage Applications, Inc. LOCATION Houston, TX BIDDER INFORMATION FORM YES ACKNOWLEDGEMENT OF ADDENDA (1) YES DETAIL OF WARRANTY YES PRIONG: QTY UNIT PRICE TOTAL BRAND/SYSTEM QUOTED: No Brand Specified MICROSOFT WINDOWS 7 PROFESSIONAL OEM UC£NSES : 50 $ 148.50 $ 7,425.00 INTEL SYSTEMS, AS SPEOFIED : 50 $ 593.78 $ 29,689.00 DEUVERY, IF APPLICABLE : $ 395.00 TOTAL: $ 37,114.00 PQ9t!3o/3 QlY 50 50 $ REQUESTED IV: MIKE STEINKE, IT DIVISION OPENED IV: JENNIFER NEWS, PURCHASING~ WITNESSED IV: DENISE WOOD, PURCHASING TEatNICIANiJit Tech Depot Trumbull, CT REPONDED, NO BID UNIT PRICE TOTAL QTY UNIT PRICE TOTAL $ -50 $ - $ -50 $ - -$ - ~ ~. ~ .... J ,. City of • ?WheatR!,gge ITEMNO:k· DATE: January 14 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE SUPPORT AND LICENSING RENEWAL WITH LOGISTIC SYSTEMS, INC. IN THE AMOUNT OF $83,553 FOR COMPUTER AIDED DISPATCH, AND THE RECORDS MANAGEMENT AND MOBILE FIELD REPORTING SYSTEMS D PUBLIC HEARING [8j BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES [gi NO ~~ Administrative Services uector aQ~dU ISSUE: The annual renewal oflicensing and support of the existing computer aided dispatch (CAD), records management system (RMS), and mobile field reporting, Logisys First Report (LFR), is necessary to maintain the software for the police department. The annual renewal of licensing and support will cost $83 ,553 which has been approved in the 2013 IT Budget. PRIOR ACTION: Approved by Council FINANCIAL IMPACT: $83,553 is budgeted for 2013 in the IT Budget. BACKGROUND: The proposed annual renewal of licensing and support of the existing CAD, RMS, and LFR is necessary to maintain the software for the police department and public safety. The annual Council Action Fonn January 14, 2013 Page2 renewal oflicensing and support will cost $83,553, which was approved in the 2013 IT Budget. This package is all inclusive for licensing and technical support services. It includes software upgrades and bug fixes and patches, plus technical support to implement these software enhancements and fixes. Currently, the CAD, RMS and LFR systems are functional on the Dell PowerEdge Server that was replaced in January 2012. The continued renewal of the annual licensing and support contract is a strategic move to maintain and keep the CAD, RMS and LFR software up to date. This will be advantageous to the City's Infonnation Technology Division allowing for support and maintenance to be proactive. RECOMMENDATIONS: Staff recommends renewing support and licensing of the CAD, RMS and LFR systems. RECOMMENDED MOTION: "I move to approve the support and licensing renewal with Logistic Systems, Inc. in the amount of$83,553 for computer aided dispatch and records management and mobile field reporting systems." Or, "I move to deny the support and licensing renewal with Logistic Systems, Inc. in the amount of $83,553 for computer aided dispatch and records management and mobile field reporting systems for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director ATTACHMENTS: 1. Logistic Systems Invoice# 021665 LOGISTIC SYSTEMS, INC. 3000 PALMER STREET MISSOULA, MT 59808 Sold WHEAT RIDGE (CITY OF) PD To : ATTN: MIKE STEINKE 7500 W 29TH AVE WHEAT RIDGE, CO 80033 Ship Via.: Ship Date: 12/13/12 Due Date.: 12/13/12 Terms .... : RECEIPT Item I. D./Desc. Ordered LOGISYS FIRSTCALL CAD SYSTEM E911 ANI/ALI INTERFACE SPECTRACOM NETCLOCK INTERFACE CCIC/NCIC INTERFACE MOBILE COMPUTING INTERFACE LOGISYS DATATRAK RECORD MANAGEMENT RMS TO JUVENILE DEFENDER SYSTEM RMS TO COURT INTERFACE LOGISYS FIELD REPORTING SOFTWARE NORTHSTAR CAD * * * I N V 0 I C E * * *************** Document Number: 021665 Document Date: 12/13/12 Page: 1 Ship msteinke To: @ci.wheatridge.co.us Cust I . D ••••• : WHEATP P . o . Number .. : P.O. Date .... : 12/13/12 Job/Order No.: Salesperson .. : * Shipped Unit Price Net 13977.00 1180.00 622.00 622.00 2483.00 SYST 30798.00 1153.00 907.00 12363.00 3615.00 TX E E E E E E E E E E Continued .... Subtotal : 67720.00 Attachment 1 "'************** * LOGISTIC SYSTEMS, INC. 3000 PALMER STREET MISSOULA, MT 59808 * I N V 0 I C E * * * ******"'******** Sold WHEAT RIDGE (CITY OF) PO To: ATTN: MIKE STEINKE 7500 W 29TH AVE WHEAT RIDGE, CO 80033 Ship Via.: Ship Date: 12/13/12 Due Date.: 12/13/12 Terms .... : RECEIPT Document Number: 021665 Document Date: 12/13/12 Page: 2 Ship msteinke To: @ci.wheatridge.co.us Cust I.D ..... : WHEA TP P. 0 . Number .. : P.O. Date .... : 12/13/12 Job/Order No.: Salesperson .. : Item I.D./Desc . Ordered Shipped Unit Price LFR ACCIDENT MODU LE INTERFACE TO DYNAMIC IMAGING MUGSHOT SOLUTION INTERFACE UTILITY FOR PD MAGIC NORTHSTAR ADVANCED LOGISYS CADTRAK SO FTWARE MODIFICATIONS TO THE CASE MANAGEMENT MODULE PICTOMETRY INTERFACE 2013 LICENSE AND MAINT ENAN CE FEES 2. 20\ CPI ADJ Send billing error not ice within (60 ) days of inv date to asteele@edulog.com, (406)728-0921 X-3!23. Service charges at 12\ annually wi ll accrue on past due accounts. Subtotal: Tax ••.•• : Total ... : Net 1643.00 360.00 717.00 5025.00 2954.00 3754.00 1380.00 0.00 83553.00 0.00 83553.00 TX E E E E E E E E ,.~·4 ... _ .r City of • ?WheatR!9ge ITEM NO: _Lf. DATE: January 14 , 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT OF THE SALES TAX INCREMENT FOR NOVEMBER OF FISCAL YEAR 2012 FROM THE TOWN CENTER PROJECT IN THE AMOUNT OF $68,094.80 TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY 0 PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS 0 ORDINANCES FOR 1 sr READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES Qo::JiiJ!.ger ~ NO ISSUE: The November 2012 sales tax increment for the Wheat Ridge Town due to Renewal Wheat Ridge is $68,094.80. Expenditures over $35,000 require City Council approval. FINANCIAL IMPACT: The 2012 budget includes a total of $393,000 for sales tax increment share back with the Wheat Ridge Urban Renewal Authority (Authority). BACKGROUND: The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981, which provided for the utilization of propert~ and sales tax increment in the commercial area east of Wadsworth Boulevard, between West 381 Avenue and West 441 h Avenue. The property tax increment expired in 2006, after 25 years. Through an IGA between the City and the Authority signed on June 26, 2006, the sales tax increment was amended so that the maximum increment for the Wheat Ridge Town Center Project paid to the Authority shall not exceed $100,000 in any fiscal year and the increment was extended to and including December 31, 2008. An amendment to the IGA in October 2007 removed the $100,000 annual cap and extended the agreement to and including December 31, 2014 . In September, 2011 the City Council approved , via Resolution Council Action Fonn January 7, 2013 Page 2 .. .. . . ' .. No. 49-2011, to increase the payment from 50% to 100% of the sales tax increment to the Authority through December 31, 2014. RECOMMENDATIONS: Staff recommends distribution of the sales tax increment for November of fiscal year 2012 in the amount of $68,094.80. RECOMMENDED MOTION: "I move to approve payment of the sales tax increment for November of fiscal year 2012 from the Town Center Project in the amount of$68,094.80 to the Wheat Ridge Urban Renewal Authority." Or, "I move to deny payment of the sales tax increment for the November of fiscal year 2012 from the Town Center Project in the amount of$68,094.80 to the Wheat Ridge Urban Renewal Authority for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development and Urban Renewal Manager Patrick Goff, City Manager ~ j ~ .. ;· ~ City of • ~WheatR.i_dge ITEM NO: ___l_9_ • DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 04-2013 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD CONCERNING ACADEMY TRAINING FOR POLICE OFFICER RECRUITS D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS 0 ORDINANCES FOR I sr READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES Chief of Police ISSUE: The Wheat Ridge Police Department has the periodic need to send police officer recruits to training academies. TI1e City does not have the resources to operate a training academy of its own. This resolution approves an agreement under which the Police Department may send its police officer recruits to a regional training academy operated by the City of Lakewood and the Jefferson County Sheriffs Office (the "Academy"). PRIOR ACTION: A similar agreement was approved by City Council on July 9, 2012. The City of Lakewood requires all intergovernmental agreements to be approved annually. FINANCIAL IMPACT: The cost to the City to send its recruits to the Academy is $ 4,200 per recruit. The Po l ice Department has hired five police recruits, so the total academy cost is $21 ,000. BACKGROUND: In Colorado, a person must pass certain tests and minimum standards requi r ed by the Colorado Peace Officer Standards and Training (POST) Board to be qualified as a police officer. As is the Council Action Fonn-IGA for PO Recruit Training January 14, 2013 Page 2 .. . . case with other area law enforcement agencies, the Wheat Ridge Police Department occasionally hires new police officer candidates who have not already been trained to be police officers and who have not yet obtained POST certification. These police officer candidates must be fully trained and obtain POST certification before performing any duties as police officers. The training of new police officers commonly occurs in an academy atmosphere where many recruits receive the same training at one time. The Police Department does not have the resources to provide such extensive training and typically sends its new recruits to academies operated by outside agencies. The Police Department has found this practice to be a cost- effective way of providing recruits with quality training. At the end of the Academy, recruits are given the POST certification written examination. If a recruit passes this test, he or she obtains the state certification necessary to be a police officer. RECOMMENDATIONS: Staff recommends approval of the resolution. RECOMMENDED MOTION: "I move to approve Resolution No. 04-2013, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning academy training for police officer recruits." Or, "I move to postpone indefinitely Resolution No. 04-2013, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning academy training for police officer recruits for the following reason(s) REPORT PREPARED/REVIEWED BY: Dan Brennan, Chief of Police ATTACHMENTS: I. Resolution No. 04-2013 2. Police Recruit Training Intergovernmental Agreement TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 04 Series of 2013 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD CONCERNING ACADEMY TRAINING FOR POLICE OFFICER RECRUITS WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and Lakewood, Colorado are authorized to enter into cooperative agreements with other governmental entities to provide authorized functions, services or facil ities; and WHEREAS, Lakewood and Wheat Ridge are each authorized to perform law enforcement functions pursuant to Section 6, Article XX of the Colorado Constitution and C.R.S . § 31-15-401 ; and WHEREAS, such law enforcement functions occasionally necessitate the training of new police officer recruits; and WHEREAS, Wheat Ridge does not employ a large enough number of police officer recruits or dedicated training staff to operate its own law enforcement training academy; and WHEREAS, the City of Lakewood operates a law enforcement training academy, in cooperation with the Jefferson County Sheriff's Office; and WHEREAS, the Wheat Ridge Police Department recommends sending its police officer recruits to said academy, under those terms and conditions set forth in the intergovernmental agreement attached to this resolution; and WHEREAS, the Wheat Ridge City Council finds that approval of the attached agreement would promote the public health, safety and welfare by providing cost- effective quality training to future Wheat Ridge police officers; and WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution . NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Police Recruit Training Agreement by and between the City of Lakewood and the City of Wheat Ridge, concerning the training of Wheat Ridge police officer recruits at the Combined Regional Academy, is attached to this Resolution and incorporated herein by reference, is hereby approved . The Mayor and City Clerk are authorized to execute the same . Attachment 1 DONE AND RESOLVED this 141h day of January, 2013. Jerry DiTullio, Mayor ATIEST: Janelle Shaver, City Clerk 2 POLICE RECRUIT TRAINING AGREEMENT This agreement is made and entered into this_ day of , 2013, by and between the City of Lakewood, a municipal corporation of the State of Colorado , with offices at 445 South Allison Parkway, Lakewood, Colorado 80226, on behalf of the Jefferson County Sheriffs Office and Lakewood Police Department's Combined Regional Academy hereinafter referred to as "Academy;" and the City of Wheat Ridge, a municipal corporation of the State of Colorado, with offices at 7500 W. 29th Ave., Wheat Ridge, Colorado 80033 hereinafter referred to as "Wheat Ridge." WITNESSETH: WHEREAS, the City of Lakewood and Jefferson County, Colorado conduct a joint training academy for the training of law enforcement officers; and WHEREAS, Wheat Ridge is desirous of having its law enforcement officer recruits attend the Jefferson County Sheriffs Office and Lakewood Police Department's Combined Regional Academy; and WHEREAS, Article XIV, Section 18 of the Colorado Constitution provides for agreements of this sort, NOW, THEREFORE, for the mutual covenants and promises and other valuable consideration it is hereby agreed as follows by and between the City of Lakewood and Wheat Ridge: 1 . Purpose of Agreement. The purpose of this agreement is to provide Wheat Ridge with training of its law enforcement officer recruits at the Academy. 2. Term of Agreement. This agreement shall be in effect for six months from the date set forth above. The provisions relating to insurance and the covenant not to sue shall survive the termination of this agreement. 3 . Description of Training. The Academy shall provide classroom instruction as well as all testing and evaluation of the Wheat Ridge recruits in the areas required by the State of Colorado Peace Officer Standards and Training including, but not limited to, firearms training, police driving, and arrest control. The Wheat Ridge recruits shall be provided an opportunity to take the Colorado Peace Officer Standards and Training certification examination. 4. Payment. Wheat Ridge shall pay the Academy, at the commencement of the recruit academy, $4,200 per Wheat Ridge recruit enrolled. If the participation of a Wheat Ridge recruit terminates prior to his or her completion of the twelfth (12th) week of the Academy, Wheat Ridge shall be refunded a portion of its payment for such recruit as mutually agreed upon by the parties . Attachment 2 5 . Termination . Either party upon written notice may terminate this agreement. 6. Independent Contractor. The City of Lakewood , Jefferson County, and Wheat Ridge are governmental entities. No officer or employee of one entity shall be considered an officer or employee of the other for any purpose, including worker's compensation and any other benefit. The Wheat Ridge recruits are Wheat Ridge employees and are not eligible for any salary or benefits from the City of Lakewood or Jefferson County. 7 . Insurance. Wheat Ridge shall continuously maintain Worker's Compensation coverage in accordance with the Worker's Compensation Act of the State of Colorado and employer's liability coverage of the standard worker's compensation policy. Wheat Ridge is responsible for any deductible losses under the policy or payment of any retention amounts under a self-insurance program. A certificate of insurance acceptable to the Risk Management Division of the City of Lakewood must be provided at the time the parties execute this agreement hereto unless both parties arrange otherwise. Each party agrees to maintain general and auto liability, law enforcement liability, and public officials' liability insurance . Wheat Ridge agrees to provide a certificate of insurance to the City of Lakewood, Risk Management Division. Such certificate shall state that 30 days' notice of any cancellation of such insurance will be provided to the City of Lakewood. All cancellation notices shall be sent to the City of Lakewood, Risk Management Division. 8. Covenant not to sue. Wheat Ridge in connection with the training of its recruits by the Academy as provided in this agreement, agrees to release, waive, discharge, and covenant not to sue the City of Lakewood and the County of Jefferson, their officers, employees, and insurers, to the extent of any and all claims, damages, liabilities, demands and court awards of any kind whatsoever, which arise from any acts or omissions of any Wheat Ridge recruit while being trained at the Academy under this Agreement or thereafter, that are in any manner connected with any Wheat Ridge recruit, to the extent such injury, loss, or damage is or is claimed to be caused in whole or in part by the act, omission, or other fault of any Wheat Ridge recruit or the training of Wheat Ridge recruits by City of Lakewood and Jefferson County. The parties hereto understand and are relying upon and do not waive or intend to waive by any provision of this contract the monetary limitations (presently $150,000 per person, and $600,000 per occurrence) or any other rights, immunities or protections, provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers or their employees. 9. Integration. This instrument contains the entire agreement between the parties, and no statement, promises, or inducements made by either party that is not contained in this instrument shall be valid or binding. This agreement may not be 2 enlarged, modified, altered or extended except in writing, signed by the parties and endorsed herein. 10. Assignment. This agreement shall inure to the benefit of and be binding upon Lakewood and Wheat Ridge, and shall not be assignable by either party. 11. Severance. If any part of this agreement is held by the courts to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part held to be invalid. 12 . Venue . Venue for any and all legal actions regarding the transaction covered herein shall lie in the District Court in and for Jefferson County, Colorado and this transaction shall be governed by the laws of the State of Colorado. 13. Authority. This instrument shall not constitute an agreement until accepted, in writing by the duly authorized representative of the City of Lakewood and Wheat Ridge. Executed this __ day of ________ , 2013. ATIEST: Margy Greer, City Clerk APPROVED AS TO LEGAL FORM: Janet Young, Deputy City Attorney ATTEST: Janelle Shaver, City Clerk CITY OF LAKEWOOD Kevin Paletta, Chief of Police CITY OF WHEAT RIDGE Jerry DiTullio, Mayor 3 ... ~A~ .... • ... City of • ~WheatRl_dge ITEMNO:_L DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 26-2012 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 12600 W. 42N° AVENUE FROM AGRICULTURAL-ONE (A-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-12-08/ROCK) ~ PUBLIC HEARING 0 BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: 0 ORDINANCES FOR 15T READING (11/26/2012) ~ ORDINANCES FOR 2N° READING (1/14/2013) ~ YES Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Agricultural-One (A-I) to Mixed Use- Neighborhood (MU-N) for property located at 12600 W. 42"d Avenue. The proposed rezoning area includes one parcel; the total size is approximately 1.1 acres. Currently the subject property is vacant, and the purpose of the zone change request is to provide the owner with expanded options for development of the site. The zone change is the first step in the process for approval of future development on this site. If approved, and prior to any construction, an administrative site plan review will be required to confirm that proposed development meets the standards of the mixed use zone district. PRIOR ACTION: Planning Commission heard the request at a public hearing on October I 8, 2012 and recommended denial for the following reasons: I. The majority of the request does not meet the zone change criteria. 2. More commercial use further destroys the integrity of the neighborhood. Case No. WZ-12-08 /Rock Council Action Form January 14, 2013 Page 2 3. The proposed zone change does not seem to create a buffer but rather encourages more commercial conversion. There were six members of the public who spoke in opposition to the request. Complaints were related to impacts to the neighborhood from existing and future businesses including lighting and traffic. It has been suggested in different venues, including the neighborhood meeting, that it would be preferable for the property owner to maintain the existing A-1 zoning and build a new single family residence. Staff questions whether this would be a desirable location for a new home given the mix of land uses and return on investment for the owner. The staff report and meeting minutes from the Planning Commission public hearing have been attached for additional back!:,JfOund information . FINANCIAL IMPACT: Fees in the amount of $1 ,175 were collected for the review and processing of Case No. WZ-12-08. If the proposed rezoning is approved and results in development, there could be an advancement of the City 's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The subject parcel is located at 12600 W . 42nd Avenue, at the southwest corner ofW. 42nd Avenue and Xenon Street; it is south and east oflnterstate-70 and immediately north ofthe Clear Creek Greenbelt. Property Hist01y The property is currently zoned Agricultural-One (A-1 ), which allows for single-family dwellings and agricultural uses. The applicant purchased the property in 1998, but the site has remained undeveloped since that time. In 2003 and in 2004, the applicant met with staff to discuss the possibility of rezoning to a planned commercial development (PCD). The PCD zone change proposal did not move forward; however, the property was consolidated from two lots to one in 2005 in anticipation of future development (Case No. MS-05 -02). The resulting parcel is trapezoidal in shape, with the western property line being nearly twice the length of the eastern property line. The Lee & Baugh Ditch previously traversed the lot but was relocated and now runs along the southern and eastern property lines. Currently, the subject property is undeveloped and is the only vacant parcel along this portion ofW. 42"d Avenue. Surrounding Land Uses The surrounding properties include a variety of commercial and residential land uses and zoning designations. To the west is a single-family residential home, to the east is the Prospect Recreation and Park District administration and maintenance facility, and to the south are Clear Creek and the Wheat Ridge Greenbelt. All three are zoned A-1 . Council Action Form January 14,2013 Page 3 Across 42"d A venue to the north are properties zoned Neighborhood Commercial (NC) and Restricted Commercial (RC). These include businesses such as Grainger Supply and Radio Source, as well as the Jefferson County Head Start facility. The offices for Modem Log Homes and a multi-tenant commercial building are located two lots to the west at the comer ofW. 42"d Avenue and Youngfield; these are zoned NC and Commercial-One (C-1), respectively. Please refer to the zoning map attached as Exhibit 4 in the Planning Commission staff report. Current and Proposed Zoning Under the current A-1 zoning, permitted uses include single family homes and some agricultural functions. Under the proposed zoning, a single family home would still be a permitted use, but the MU-N zoning expands development options to include live/work scenarios or neighborhood- serving commercial uses. The applicant does not have any specific development plans but has expressed a desire to see a live/work development and a site design that takes advantage of the nearby Greenbelt and recreation opportunities. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site development. Planning Commission recommendation As indicated earlier in this report, Planning Commission gave a recommendation of denial for this case which was contrary to staffs recommendation for approval in the Planning Commission staff report. City staff feels it essential to respect the Planning Commission recommendation and is therefore bringing forth a recommendation of denial. A recommendation of approval has been included as an option with reasons for approval consistent with the Planning Commission staff report. RECOMMENDED MOTION: "I move to DENY Council Bill No. 26-2012, an ordinance approving the rezoning of property located at 12600 W. 42"d Avenue from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for the following reason(s): Or, 1. The majority of the request does not meet the zone change criteria. 2. More commercial use further destroys the integrity of the neighborhood. 3. The proposed zone change does not seem to create a buffer but rather encourages more commercial conversion. "I move to APPROVE Council Bill No. 26-2012, an ordinance approving the rezoning of property located at 12600 W. 42"d A venue from Agricultural-One (A-1) to Mixed Use- Neighborhood (MU-N) for the following reason(s): Council Action Fonn January 14, 2013 Page4 I. The proposed zone change is consistent with the goals and objective of the Comprehensive Plan and the 1-70 /Kipling Corridor Urban Renewal Plan . 2. The proposed zone change is compatible with the surrounding area. 3. The proposed zone change will not adversely impact the public health, safety, or welfare. 4. The subject property is currently underutilized, and a zone change may increase the likelihood of the site developing and serving as a transitional site between existing commercial and residential uses." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 26-2012 2. PC Staff report with exhibits 3. PC minutes dated October 18,2012 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DeMott COUNCIL BILL NO. 26 ORDINANCE NO. ___ _ Series of 2012 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 12600 W. 42ND AVENUE FROM AGRICULTURAL-ONE (A-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ 12-08/ROCK) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Matthew Rock has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 12600 W. 42nd Avenue; and, WHEREAS, the subject property has long been underutilized, and development may be more likely under the mixed use zoning which allows for a wider range of uses; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan-Envision Wheat Ridge-and by the 1-70/Kipling Corridors Urban Renewal Plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Matthew Rock for approval of a zone change ordinance from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for property located at 12600 W. 42nd Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: LOT 1, BLOCK 1, ROCK SUBDIVISION FILING NO. 1 Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power 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 Attachment 1 City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of November, 2012, ordered it published with Public Hearing and consideration on final passage set for Monday, January 14, 2013 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2013. SIGNED by the Mayor on this ___ day of _______ , 2013. ATIEST: Janelle Shaver, City Clerk 1st publication: November 29, 2012 2nd publication: Wheat Ridge Transcript: Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald Dahl, City Attorney .... ~·# .. ., City of ~rP!'WlieatB8ge ~MMUNilY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVEWPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: October 18. 2012 WZ-12-08/ Rock CASE MANAGER: Lauren Mikulak ACTION REQUESTED: Approval of a zone change from Agricultural-One (A-I) to Mixed Use- Neighborhood (MU-N) LOCATION OF REQUEST: 12600 W. 421111 Avenue APPLICANT(S): Matthew Rock PROPERTY OWNER(S): Matthew & Tnady Rock APPROXIMATE AREA: 47.748 Square Feet ( 1.1 Acres) PRESENT ZONING: Agricultural-One (A-I) PRESENT LAND USE: Vacant land COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Case No. WZ-12-08 / Roc" Attachment 2 SITE All notification and posting requirements have been met: therefore, there is jurisdiction to hear this case. I. REQUEST II. EXISTING CONDITIONS/PROPERTY HISTORY Case No. WZ-12-08 is an application by Matthew Rock requesting approval of a zone change from Agricultural-One A-1 to Mixed Use-Nei (MU-N) for property located at 12600 W. 42"d Avenue The zone change is the first step in the process for approval of mixed use development on this site . If approved. and prior to any construction. a site plan review will be required to confirm that proposed development meets the standards of the mixed use zone district. illliiiilii.ning area includes one parcel the total area of which is approximately 1.1 acres Subject Propert)· The property is located at 12600 W. 42"d Avenue which is south and east of Interstate-70. just north of the Clear Creek Greenbelt. The site is located within the 1-70/Kipling Corridor Urban Renewal Area. The property is currently zoned Agricultural-One (A-I). which allows for single-family dwellings and agricultural uses . The applicant purchased the property in 1998. but the site has remained undeveloped since that time. In 2003 and in 2004. the applicant met with stafT to discuss the possibility of rezoning to a planned commercial development (PCD). The PCD zone change proposal did not move forward, however the property was consolidated from two lots to one in 2005 (Case No. MS-05-02). The resulting parcel is trapezoidal in shape. with the western property line being nearly twice the length of the eastern property line. The Lee & Baugh Ditch previously traversed the lot but was relocated and no-w runs along the southern and eastern property lines. Currently, t~rty is undeveloped and is the only vacant parcel along this portion of W. 42"d Avenue----· Surrounding Zoning and Land Use The surrounding properties include a variety of land uses and zoning designations ... To the immediate south. west, and east are parcels also zoned A-1. To the east is the administration and maintenance facility for the Prospect Recreation and Park District, to the west arc two single-family homes. and to the south is Clear Creek and the Wheat Ridge Greenbelt. Across W. 42"d Avenue to the north are two properties zoned Restricted Commercial (RC). These include the Jefferson County Head Start facility and a one-story office buildin~ with several businesses including Grainger Supply and Radio Resource. At the intersection of W. 42" A venue and Youngfield Street are two more commercial properties. The office and show home for Modem Log llomes is located on a parcel zoned Neighborhood Commercial (NC). and a multi-tenant commercial building at the southeast corner is zoned Commercial-One (C-1 ). ( ·asc .\'o. lfZ-Il-08 Rock Ill. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use-Neighborhood (MU-N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium density mixed use development in which residential and civic uses are permitted, in addition to a limited range of neighborhood-serving commercial and retail uses. Under the current A-1 zoning. permitted uses include single family homes and some agricultural functions. Under the proposed zoning, a single family home would still be a permitted use, but the MU-N zoning expands development options to include live/work scenarios or neighborhood-serving commercial uses. The applicant does not have any specific development plans but has expressed a desire to see a live/work deve and a site that takes advantage of the Greenbelt views and recreation opportunities The following table compares the proposed and existing standards that apply to the subject property. In general. the MU-N district is expected to make the subject property more developable by allowing for a wider range of uses. The MU-N zone district also has enhanced architectural controls to ensure compatibility with the variety of surrounding land uses. Ca.\1..' So. lf'Z-12-08 Roc~ Allows new residential. commercial. or mixed uses High quality architecture required: standards related to articulation. variation, materials, transparency 35 feet if building has residential use 50 feet for all other buildings 0-12 foot build-to area 5 feet 0 feet 1-2 story = 10 feet 3 story = 15 feet 4 story or more = 20 feet 90% for mixed use 85% for single use 10% for mixed use 15% for single use Allows single-family residential; special uses include day care centers. churches, group homes, kennels No architectural standards for single- family homes; metal buildings permitted for accessory structures 35 feet 30 feet 15 feet 15 feet 15 feet 25% 25% Given the proximity of two single-family homes on the west side of the subject site. it should be noted that the MU-N zone district includes standards which offset the potential impacts of commercial development and taller buildings. To protect the existing residential properties. the following regulations apply to all new MU-N development adjacent to single-or two-family homes: • Screening is required wherever a parking lot abuts a residential use. including a 6-foot landscape buffer and a 6-foot fence. wall, or hedge. • A landscape butTer is required wherever a building abuts a residential use. This includes a minimum I 0-foot wide landscape buffer for 1-to 2-story buildings. I 5 feet for 3-story buildings. and 20 feet for a 4-story building. • In addition to a landscape buffer. buildings over 2 stories must provide a 5-foot step back for each additional upper floor. • Any portion of a building within I 00 feet of a residential use may not be taller than 4 stories. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.£. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safet)·, and general welfare of the community and will not result in a significant ad\'erse effect on the surrounding area. The change of zone will not result in a significant adverse effect on the surrounding area. While the new zoning would allow for medium density development on the now vacant lot. any proposed development will require site plan review through which traflic impacts. drainage, and butTering will be analyzed. Development proposals will be required to meet stonnwater drainage and water quality requirements in order to be approved. therefore no drainage problems are anticipated. The MU-N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future development and existing land uses. There are no architectural standards under the current A-1 zoning. so the enhanced design controls in the MU-N code are expected to benefit the character of the area. Required upper floor stepbacks and landscape buffers will minimize impacts to adjacent single family homes. ,\'taffconcludes that this criterion has heen met. 2. Adequate infrastructure/facilities are a\•ailable to sen•e the t)•pes of uses allowed by the change of zone, or the applicant will upgrade and pro\'ide such where they do not exist or are under capacity. Prior to future development a site plan review application will be required. This application will include a referral to all impacted utility agencies. In the event that current capacity is not adequate, the property owner/de,·eloper will be responsible for utility upgrades. Staffconcludes that this criterion has heen met. Case Xo II Z-12-08 Rod. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the 1-70/Kiplin~ Corridors Urban Renewal Plan and the City"s comprehensive plan-Envision Wheal Ridge. Both plans were adopted in 2009 and both recognize the need to improve underutilized properties through investment. Because the MU-N zoning will allow for a wider range of uses on the property. the zone change is expected to encourage investment in the site. The Structure Plan map in Envision Wheat Ridge illustrates the community"s vision by classifying different types of areas and corridors. It is not a parcel-based land use map. and therefore does not show all existing and proposed land uses. In the Structure Plan. W. 42"d A venue is shown with "neighborhood buffer·· and ''neighborhood" overlays. The comprehensive plan calls for an improved mix of land uses in the transitional areas between the City's high intensity commercial corridors and lower density residential neighborhoods. The subject property is ideally situated to serve as a transitional site or neighborhood buffer between the homes on Xenon Street and the businesses on W. 42"d A venue and Youngfield Street. By encouraging mixed use development and establishing specific design requirements. the MU-N zoning provides tools and standards which support the City's goals of improving the appearance and vitality of vacant sites. Staff concludes that this cri/erion has been mel. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Agricultural-One (A-I) zoning designation as it appears on the City's zoning maps. Stajfconcludes thatthi!; criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Over the last 12 years. the character of W. 42"d A venue has evolved as the north side of the street has developed from vacant land into the viable commercial and public uses that exist today . In 2001. Modern Log Homes developed the property at 4288 Youngfield Street to include an office and show home. In 2003. the one-story office building was completed at 12701 W. 42"d 5 Avenue. and in 2008, Jefferson County developed the school facility for its Head Start program at 12725 W . 4211d Avenue. By allowing residential and/or limited commercial uses. the proposed zone change is consistent with the character of the street. 5itaff concludes that this criterion has heen met. d. The proposed rezoning is necessaf1' in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. S!a.(f concludes !hat this criterion is not applicahle. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change. the applicant "as required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood i Eight people from the neighborhood were in attendance VI. AGENCY REFERRAL All affected service agencies were contacted regarding the ability to serve the property. Any applicant for development will be responsible for providing upgrades. as needed. Referral responses in folio\\ in regards to the zone change. Another referral process will occur in the future when a development scenario is known. Arvada Fire Protection District: No COJH.:erns. Xcel Energy: No concerns. Valley Water District: The district can proYide water service to the property. Wheat Ridge Public Works: There are no concerns with the zone change: traffic and drainage impacts will be reviewed with future development. Wheat Ridge \Jrban Renewal Authority: No concerns: the board finds that the zone change does not conflict with the urban renewal plan . VII. STAFF CONCLUSIONS AND RECOMMENDATION Stan· concludes that the proposed zone change is consistent with the Comprehensi\'e Plan and the 1-7 0 KiplinR ( 'orridors l 1rhan Rene11 ·a! Plan. Staff concludes that the zone change will be compatible with the surrounding area allowing the site to scr\'e as a neighborhood buffer. Staff further concludes ('ave .\ o. II Z-/ :!-118 Ruck 6 that the subject property has long been an underutilized parcel and that property development may be more likely under the mixed use zoning which allows for a wider range of uses. Staff concludes that any applicant for development under the new zoning will. through the site plan review process. be required to provide utility upgrades. as needed. Finally. staff concludes that the proposed zone change will not adversely atTect public health. safety. or welfare; the architectural controls, upper floor stepbacks. and landscaped buffer requirements of the mixed use district will ensure compatibility with surrounding land uses. Because the zone change evaluation criteria support the zone change request. staff therefore provides a recommendation of approval. VIII. SUGGESTED MOTIONS Option A: ··1 move to recommend APPROVAL of Case No. WZ-12-08, a request for approval of a zone change from Agricultural-One to Mixed Use-Neighborhood, for property located at 12600 W. 42"d Avenue. for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the 1-70/Kip/in~ Corridor Urban Renewal Plan. 2. The proposed zone change is compatible with the surrounding area. 3. The proposed zone change will not adversely impact the public health. safety. or welfare. 4 . The subject property is currently underutilized. and a zone change may increase the likelihood of the site de,·eloping and serving as a transitional site between existing commercial and residential uses ... Option B: "I move to recommend DENIAL of Case No. WZ-12-08. a request for approval of a zone change from Agricultural-One to Mixed Usc-Neighborhood. for property located at 12600 W. 42"d Avenue. for the following reasons: 1. 2. 3. ( 'a1e .\'n. II 'l-1 :!-OS Rnck 7 EXHIBIT 1: LEGAL DESCRIPTION & MAP Legal Description The area proposed to be rezoned is legally described as: LOT 1, BLOCK 1, ROCK SUBDIVISION FILING NO. 1, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Also known by street and number as 12600 W . 42nct Avenue, Wheat Ridge, CO 80033; as depicted in the map below. 04221 = IM21t fi 0&210 z w IM281 12701 ,., 1 IM1. O-NE 1Ml01 Case No. WZ-1 1-08 1 Rock 8 EXHIBIT 2: AERIAL IMAGE CoseNo. WZ-12-08 /RocA: 9 EXHIBIT 3: SITE PHOTOS Case No. WZ-12-08 1 Rod 10 / CaseNo. WZ-11-08 /Rock II EXHIBIT 4: ZONING MAP CaseNo. WZ-12-08 /Rock 12 EXHIBIT 5: LETTER OF REQUEST ~ Ztza~A, .I2L1. r-4<--~~__M fj"=-s.J.,-,, I~ .;31y=c.~--- . . - ~ Wlt<+l-£.,tf<-' J! W.~.c W4vl.«. t •&y iP ~{= .Z .:)NM'~ ~ Case No. WZ-/2-08 I Rock 13 EXHIBIT 6: NEIGHBORHOOD MEETING NOTES ~ . ~ ." r City of ~~Wheat~ --Yc"oMMUNITY DEVELOPMENT Cil}' of Wheat Rid~ Municipal Building 7500 W. 29'' A\'e. \\'he:n Ridae. CO 10033-8001 P: 303 .2B.2&46 f: 303.23S.l8S 7 D1te: Cit}· Staff Preseat: Locadoa of meeting: Property loution: Property OM'Der: NEIGHBORHOOD MEETING NOTES March 21,2012 Meredith Reckcrt. Senior Planner Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29'h Avenue Wheat Ridge, CO 80033 12600 W . 421111 A venue Matthew Rock Phone: 72~333-3703 Email: rocks roofin&@.msn.oom I 0300 W. 65'li A venue Arvada, CO 80004 Tom Martinez, owner's consultant Propert)• OM·nrr(s) present? Yes Existing Zoning: Agriculture-One, A-1 Comprehensive Plan Designation: Neighborhood Members of the public present: There were seven area residents and/or property owners to attendance. A written response was submitted from David and Joan Amdahl , 4235 Vivian Street. who could not be in auendance. See attached sign-up sheet. Applicant's Proposal: In 2003, the applicant first proposed a zone change for the property. At that time, any zone change would have required a planned development. With the adoption of mixed use zone districts in 2010, the applicant is now proposing a zone change to Mixed Use-Neighborhood (MU-N) to provide a mixed use building with ground floor offices and upper floor residences . No specific designs or site plan have yet been drawn. The applicant is proposing a development that would take advantage of the Greenbelt views and recreation opportunities and would provide around-the-dock presence on the property from residents and employees. Existing Conditions: The property is located at the southwest comer ofW. 42...t Avenue and Xenon Street. The parcel is tentatively addressed as 12600 W. 42nd Avenue. and is identified as PIN 39-203-06-003 . The property is currently zoned Agriculture-One (A-I). (·use So. If Z-/ :!-08 Rod 14 The surrounding properties include a variety of land uses and zoning designations. To the immediate south, west, and east are properties also zoned A· I. To the west is a single-family residential home, to the east is the Prospect Recreation and Park District administration and maintenance facility. and to the south is Clear Creek and the Wheat Ridge Greenbelt. Across 42nd Avenue to the north are properties zoned Neighborhood Commercial (NC) and Restricted Commercial (RC). lbese include businesses such as Grainger Supply and Radio Source, as well as the Jefferson County Head Start facility. At the comer ofW. 42nd Avenue and Youngfield, just two lots to the west. are the offices for Modem Log Homes and a multitenant commercial building zoned Conunerciai-One (C-1 ). In preparation for future development. a consolidation plat was approved in December 2005 for the property. The resulting parcel is trapezoidal in shape; the western property line is nearly twice the length of the eastern property line. The subject property is the only vacant lot in the block. It is just over one acre in size at 47,748 square feet. The Lee & Baugh Ditch runs along the southern and eastern property lines. The property is 3.5 acres in size and is located on the southwest comer ofW. 441h and Tabor St. The adjacent properties along W. 44 1h are zoned C-1 with the exception of a small area on the property to the west. which is zoned C-2. The areas to the south of the property are zoned A·l developed with single family homes and open space. The follo"iag iss•es were discussed: What Is proposed to be buUt? The property owner is not sure yet. Perhaps a mixed use project with live/work units with commer·cial on the bouomfloor and residential abo\•e that may be auractive to an artist or someone with a small business such as a CPA. Another option may be a multi-fami~l' project. Will Mr. Rock be Uvlng there and operating his roofmg company? No. the proposed Mixed Use Neighborhood ::oning on the property ·would not allow a contractor's office. When did Mr. Rock buy the property? Mr. Rock purchased the property in /998. What are the tax Implications If the property were rezoned and developed commerdaily? The City of Wheat Ridge is not the taxing entity; it is Jefferson County. There should be an increase in property taxes if it were developed commercia/~y. The area residents wondered whether Mr. Rock would like to Uvc next to a commercial business with tbe traffic, lights, aoise, trash trucks, etc. The neighborhood lnd.ialted thai they are not iD favor of any more commercial land use In tbe area aDd would like to see the property developed with A-I zonlag. Tbey would prefer to see a bouse buUt oa tbe property. ( ·,JI'(' .\'o. II Z-12-08 Rock l:i ~~~, ... r City of :r\VlieatRi_dge PLANNING COMMISSION Minutes of Meeting October 18, 2012 1. CALL THE MEETING TO ORDER l11e meeting was called to order by Chair TIMMS at 7:03 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Staff Members Present: Anne Brinkman Alan Bucknam Monica Duran Tracy Guildner Dick Matthews Steve Timms Amanda Weaver Scott Ohm Lauren Mikulak, Planner I Deborah Baker, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was mo\'ed by Commissioner MATTHEWS and seconded by Commissioner BUCKNAM to approve the order of the agenda. Motion carried 7-0 with Commission GUILDNER abstaining. 5. APPROVAL OF MINUTES-September 6, 2012 It was moved by Commissioner MATTHEWS and seconded by Commissioner DURAN to approve the minutes of September 6, 2012. Motion carried 6-0 with Commissioners GUILDNER and BUCKNAM abstaining. 6. PUBLIC FORUM (l11is is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes October 18. 2012 Attachment 3 -I - 7. PUBLIC HEARING A. Case No. WZ-12-08: An application flied by Matthew Rock for approval of a zone change from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for property located at 12600 W. 42nd Avenue. Prior to introduction of this case, Commissioner GUILDNER requested that she be recused from the case because she has known the applicants for a long time. It was moved by Commissioner BRINKMAN and seconded by Commissioner WEAVER to accept Commissioner GUILDNER'S recusal. The motion passed 6-1 with Commissioner MATTHEWS voting no and Commissioner GUILDER abstaining. Commissioner GUILDNER left the Council Chambers following the vote. This case was presented by Lauren Mikulak. She entered into the public record the contents of the case file, the zoning ordinance, and the digital presentation. All notification and posting requirements have been met. There is jurisdiction to hear the case. She reviewed the staff report and the digital presentation. Staff recommends approval of the zone change. Commissioner OHM asked if the City or applicant considered pedestrian and bicycle access to the Clear Creek Trail. Ms. Mikulak replied that the proximity to the trail has been of interest to the applicant, but direct access has not been considered at this time .. In response to Commissioner BRINKMAN's question, Ms. Mikulak replied that she does not know if the property is in or abuts the floodplain. Commissioner BRINKMAN said that she has seen what looks like evidence of parking on the property. Ms. Mikulak was not aware of what was making the marks. Staff has worked with applicant to darify no parking or storage is permitted on a property without a primary structure. Commissioner BRINKMAN asked for clarification on the location of right of way lines shown on the map. Ms. Mikulak confirmed the right-of-way line is set back from the existing edge of pavement. Curb and gutter will likely need to be constructed when the site develops. In response to Commissioner BRINKMAN's question, Ms. Mikulak responded that W. 42nd Avenue and Xenon are both classified as local streets. Commissioner MATTHEWS commented that the back of the lot going down to the creek is very steep and approximately 20 feet above Clear Creek, so that would likely answer Commissioner BRINKMAN'S question that the property is likely out of the flood plain. Planning Commission Minutes October I 8. 2012 -2- Commissioner MATTHEWS asked if utilities will be undergrounded ifthis property is developed. Ms. Mikulak replied that the Mixed Use code may either request or require undergrounding of utilities, but staff and the applicant haven't discussed this yet. Commissioner MATTHEWS commented that underground utilities would definitely improve the appearance of the neighborhood. In response to Commissioner MATTHEWS' question about the Mixed Use zoning, Ms. Mikulak explained that any portion of any building within I 00 feet of a single family home may be no taller than four stories, no matter what the uses of the building are. Commissioner MATTHEWS asked if the property is exempt from charter height restrictions because it is in an Urban Renewal Area. Ms. Mikulak explained that the Mixed Use-Neighborhood zoning does not get exempted so the 35-and 50-foot height limits are hard caps. In response to Commissioner BUCKNAM's question about the property to the east, Ms. Mikulak replied that it is the maintenance facility of the Prospect Recreation and Park District, the district that maintains parks in unincorporated Jefferson County. In addition to a small administration building, they store fleet vehicles, maintenance tools, and picnic tables at that location. Ms. Mikulak did not know their re&rular business hours or the frequency of the traffic. Commissioner BUCKNAM asked if there had been any discussion of rezoning to Mixed Use-Commercial as opposed to Mixed Use-Neighborhood, because of the proximity of warehouse and commercial directly to the north. Ms. Mikulak responded that there had not been for several reasons: the proximity of single family homes to the west and north, and the lower intensity MU-N district seems more appropriate. Also, in MU-N a detached single family home is permitted, whereas in MU-C it is not permitted. Chair TIMMS asked Ms. Mikulak when the NC and RC parcels to the north were rezoned. Ms. Mikulak replied that they were rezoned at least 10 years ago. She confirmed that the development of the lots is fairly recent. In response to Chair TIMMS' question, Ms. Mikulak stated that she thinks the Parks and Recreation District has occupied the site to the east for at least I 0 years. In response to Chair TIMMS' question, Ms. Mikulak said there is no minimum lot size in MU-N . Potentially, the applicant could subdivide this lot as long as they meet other setback and parking requirements, but subdividing has not been discussed. Chair TIMMS asked for more information on the limited commercial uses mentioned in Ms. Mikulak's presentation. Ms . Mikulak replied that there are four mixed use zone districts and they get pro&rressively more permissive. The Mixed Use-Neighborhood zone district has the least amount of permitted uses. Ms. Mikulak read from the permitted use chart. Planning Commission Minutes Octoher 18. 2012 -3- In response to Chair TIMMS' question, Ms. Mikulak replied that no industrial uses are allowed in MU-N. Commissioner MATTHEWS asked if, the Grainger property across the street would be allowed in MU-N. Ms. Mikulak replied that she is not familiar enough with the uses inside ofthe building to respond . If it is only offices. it would be permitted. If there is warehousing. then it would not be permitted. Commissioner BUCKNAM added that it is a wholesale-retail operation. Ms. Mikulak added that wholesaling is a conditional use in MU-N because of associated trucks traffic Matthew Rock 10300 West 65th Avenue, Arvada, CO Mr. Rock explained his reasons for requesting mixed use zoning of the property. He envisions a development with limited businesses, such as a hairdresser. florist, or !,rift shop. He would like to see an area where people can live, work, and recreate in the same area. Mr. Rock thanked the Commission for their consideration of his request. Commissioner BRINKMAN asked if Mr. Rock knew why there are tire tracks in the dirt area on the site. Mr. Rock responded that since it is a vacant Jot and a dead end street, and a school is next to it. people probably use the site as a turnaround point, or use the area for parking. He doesn't know for sure. Commissioner BRINKMAN asked Mr. Rock if he inquired about the flood plain when he purchased the property in 1998. He responded that at the time of purchase they were informed the property was above the tlood plain. It is his understanding that it is 25 feet above the flood plain. Commissioner BRfNKMAN asked if Mr. Rock has met any ofhis neighbors besides at the neighborhood meeting. Mr. Rock stated that he knows the neighbor to the north, and has had some association with the neighbor to the west. Chair TIMMS noted that the legal description is Lot I Block I of the Rock Subdivision, and asked if Mr. Rock platted the property. Mr. Rock confirmed that he platted the property in 2003. Mr. Rock confirmed that previously the property was multiple lots and it was consolidated into one larger lot. Ms. Mikulak added that one of the previous lots was not developable. There was an east/west diagonal lot line creating a small sliver on the southern portion of the lot, essentially where the ditch is now located. The two lots were consolidated to make one developable lot. Chair TIMMS opened the public hearing. Planning Commission Minutes October I 8. 2012 -4- Greg Boom 4200 Xenon St., Wheat Ridge, CO Mr. Boom stated that he owns two pieces of property in the neighborhood. His residence is at 4200 Xenon St. which is right next to the Parks facility, and 4225 Vivian St. which is directly east of that. He provided his history in the neighborhood as well as his complaints about traffic and commercial development in the area. He expressed his displeasure about the change he sees occurring in the neighborhood and how it adversely affects him and his neighbors' ways oflife. Commissioner BRINIKMAN asked Mr. Boom if he knows how much traffic Grainger Express has brought into the neighborhood. Mr. Boom thinks it has brought in considerable traffic, but since he is not home during the day he can't be sure. The school also brings in a lot oftraffic. Commissioner BRINKMAN asked if there were signs on Xenon restricting truck traffic . Mr. Boom replied that there are no signs, and he does not know if the neighborhood has asked for it. LaVonne Beckfeld 4365 Xenon, Wheat Ridge, CO Mrs . Beckfeld stated she owns property at 4210 and 4365 Xenon St. She has lived there since 1942 and she provided her history of the neighborhood. She expressed her displeasure with the traffic, the business development, and what she perceives to be the City's uncaring attitude toward the residents. Commissioner BRINKMAN asked Mrs. Beckfeld if there is a ditch running through that property. She replied that she did have, but does not now. In response to ~mother question from Commissioner BRINKMAN, she doesn't remember if it is the Slater & Moody ditch. Cindy Beckfeld 4365 Xenon St., Wheat Ridge, CO Ms. Beckfield expressed her dissatisfaction with the diesel emission operation at the end of Xenon at 441h. She also was concerned about the amount oftraffic. She fears that if this zone change is approved. it will open the door to more of the same aggravations this neighborhood is already experiencing. Katherine Murphy 12700 W. 42nd Ave., Wheat Ridge, CO Ms. Murphy stated that she and her husband bought their property in 2001 and provided her history of the neighborhood . She expressed her dissatisfaction with the traffic and the commercial use in the area which is disturbing to the residents day and night. She complained about the bright lights from the highway and commercial businesses that shine in their windows at night. Planning Commission Minutes October 18. 2012 -5- Marnie Boom 4200 Xenon St., Wheat Ridge, CO Ms. Boom owns property at 4200 Xenon and 4225 Vivian St. She expressed her concern about more development as most of the people in the neighborhood get water from wells. She also expressed concerns about the traffic from Grainger and the school, which makes it unsafe to walk or ride horses in the neighborhood. She stated she and the neighbors want the area to remain a residential neighborhood. Chair TIMMS asked if the Commissioners have any follow up questions. Commissioner OHM asked if a photometric plan is required, and if there a limit on the light that spills on adjacent properties. Ms. Mikulak replied that it is required for any new development that has building mounted or free standing lights. The code requires that exterior lighting be shielded to avoid illuminating beyond the property boundaries. Commissioner OHM asked Ms. Mikulak to confirm that an auto repair shop is not permitted, because of the complaints about the diesel shop brought up in this meeting. Ms. Mikulak responded that repair, rental, and servicing of automobiles. with no outdoor storage is listed as a conditional use in all mixed use districts except for Mixed Use- Commercial Interstate, so a conditional use permit would be needed for that type of business. Commissioner OHM asked if on-street parking is permitted with Mixed Use- Neighborhood. Ms . Mikulak replied that when looking at a new development. a trip generation study or traffic impact study is used to estimate how many new vehicles will be drawn to the site. Staff also looks at the use and parking ratios to determine how many off-street parking spaces are needed . On-street parking spaces are not always counted, particularly in places where it is not safe or allowed. In this particular area, on- street parking would not likely be encouraged. Commissioner BRINKMAN asked why the ditch company and Public Works Department had no comments on the zone change. Ms. Mikulak explained the history and current status of the ditch on the subject property. and explained that no comments were generated because there is no specific use or site plan proposed at this time to comment on. In response to Commissioner BRINKMAN's question asking what the next step is for this case, Ms. Mikulak replied that the next step is a public hearing before City Council. The Planning Commissions will make a recommendation for approval or denial, but the Council will ultimately decide. The case is scheduled for the City Council meeting on January 14,2013. Commissioner BUCKNAM asked if there has been any conversation about subdividing into two lots. and zoning both of them R-1 or R-2 considering the agricultural and residential uses existing on Xenon. Ms. Mikulak replied that subdividing under current Planning Commission Minutes October I R. 2012 -6- A-1 zoning is not possible. The minimum Jot size in A-1 is 1 acre, and this property is 1.1 acres. Residential rezoning has not been discussed but could be considered. Ms. Mikulak responded to Commissioner BUCKNAM's request for clarification on the standards and placement of parking. Parking in MU-N should be next to or behind the building and not between the building and the street. Sandy Cusack 15901 South Westminister Road, Oklahoma City, OK Ms. Cusack identified herself as the daughter of LaVonne Beckfeld. She stated that although the Commission is challenged with the development of Wheat Ridge they also have an obligation to the citizens who have lived in the neighborhood for many years. Chair TIMMS closed the public hearing. Commissioner BUCKNAM commented that a residential type of zoning may be more appropriate than a mixed use zoning. He is concerned about introducing too much commercial or retail development into an area that may be better suited for purely residential. Commissioner WEAVER commented that she understands the intention of MU-N is to provide a buffer, but an increase in commercial use is not going to provide the buffer; rather it seems to be encouraging more commercial development. Commissioner OHM observed that everyone from the public who spoke mentioned traffic as a major concern, and asked if it is possible to place restrictions on the types of uses pennitted if the rezone is approved. After brief discussion, Ms. Mikulak agreed it may be legal but logistically those types of conditions are difficult to enforce. Commissioner BRINKMAN thanked the neighborhood for coming to the meeting and encouraged them to continue to come to the meetings. She does not believe the zoning change will be beneficial to the neighborhood, explained her reasons, and said she will vote no. Commissioner MATTHEWS stated he does not think mixed use development standards are appropriate for the subject lot. Commissioner BUCKNAM stated that agrees with the applicant and staff in recommending development of the site, but he thinks more appropriate development would be residential in nature. It was moved by Commissioner WEAVER and seconded by Commissioner BRINKMAN to recommend denial of Case No. WZ-12-08, a request for approval of a zone change from Agricultural-One to Mixed-Use Neighborhood, for propert)' located at 12600 W. 42nd Avenue, for the following reasons: Planning Commission Minutes October 18. 2012 -7- 1. The majority of the request does not meet the zone change criteria. l. More commercial use further destroys the integrity of the neighborhood. 3. The proposed zone change does not seem to create a buffer but rather encourages more commercial convenlon. Motion passed 6-1, with Chair TIMMS voting no and Commissioner GUILDNER recuslag henelf. Commissioner GUILDNER returned to Council Chambers at 8:45 p.m. 8. OTHER ITEMS • Ms. Mikulak reported that Kim Waggoner has accepted the position of Administrative Assistant to replace Kathy Field who transferred to Public Works in September. She will be starting work on Monday, October 22, 2012. • Commissioner OHM commented on the success of Ridge at 38th event. It was a very positive event for Wheat Ridge. • Commissioner BRINKMAN thanked the staff and city for Boards and Commission diMer on October 1-f'. There were no other items to come before the Commission. The next Planning Commission meeting is scheduled for November I, 2012. 9. ADJOURNMENT It was moved by Commissioner BRINKMAN and seconded by Commissioner OHM to adjourn the meeting at 8:48 p.m. Motion carried 8-G. / PlaMing Commission Minutes October 18,2012 Deborah Baker, Recording Secretary -8 - ~~~~ .... 4 r City of • :JP'WlieatRi_dge ITEMNO: 3. DATE: January 14, 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 27-2012 AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3775 BENTON STREET FROM PLANNED RESIDENTIAL DEVELOPMENT (PRD) TO THE MIXED USE-NEIGHBORHOOD (MU-N) ZONE DISTRICT (CASE NO. WZ-12-09) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1STREADING(ll/26/2012) ~ ORDINANCES FOR 2ND READING (01/14/2013) ~ YES ( Community Development Director ISSUE: The City's adopted plans, including Envision Wheat Ridge and the 38th Avenue Corridor Plan, call for the redevelopment of 38th Avenue with mixed use, pedestrian-friendly development. The applicant requests approval of a zone change from Planned Residential Development (PRD) to Mixed Use-Neighborhood (MU-N) for property located at 3775 Benton Street. The zone change is the first step for approval of development of this site with mixed use zoning. If approved, the applicant will be required to complete the site plan review process to demonstrate compliance with the zoning requirements prior to any construction. PRIOR ACTION: Planning Commission reviewed this request and recommended approval at a public hearing held on November 1, 2012. A motion was made for approval for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the 38th Avenue Corridor Plan. WZ-12-09 Council Action Form January 14,2013 Page 2 2. The proposed zone change is compatible with the surrounding area and provides a reasonable transition between a commercial corridor and multi-family zoning to the south. 3. The proposed zone change will not adversely impact public health, safety, or welfare. 4. The subject property is currently underutilized. The zone change may increase the likelihood of the site developing in a way that supports the City's goals for 38th A venue and that provides a transition between existing commercial and residential uses. There were no recommended conditions of approval. The Planning Commission staff report and meeting minutes are attached. FINANCIAL IMPACT: One-time fees for the zone change were submitted for the application in the amount of $1,050. If the property is redeveloped, it would help to advance the City's goals for economic development and attracting strong households. BACKGROUND: The property is located at 3775 Benton Street, one property south from the southwest comer of 38th Avenue and Benton Street. The property is currently zoned Planned Residential Development (PRO). The parcel is Lot 2 of the Cadence Subdivision. In 2006-2007, the property was rezoned from C-1 to PRD through the Advance Auto Single-Family Outline Development Plan to allow for development of a single-family home. The parcel is rectangular in shape with an angled front property line along Benton Street. It is approximately 50 feet wide. It is 125 feet long on the southern edge and 13 5 feet long on the northern edge. The property is currently vacant and undeveloped. It is the only vacant parcel on this block of Benton Street. Most ofthe properties to the north, northeast, and northwest of the subject property were part of the recent legislative rezoning to Mixed Use-Neighborhood (MU-N) for the 38th Avenue corridor. The MU-N zoning was approved by City Council on October 22, 2012 and went into effect on November 24, 2012. The subject property was not included in the proposed boundaries for the MU-N legislative zoning since staff used the criterion that properties zoned PRD would not be included and staff was not aware at the time that the current owner wished to be rezoned to MU-N. The current owner and applicant purchased the property in summer 2012 after the proposed boundaries for the MU-N corridor rezoning were drawn. The applicant is requesting that the subject property be rezoned to Mixed Use-Neighborhood (MU-N), a zone district intended for neighborhood commercial corridors and neighborhood commercial centers. The zone district is established to encourage medium density mixed use development in which a range of residential uses are pennitted, in addition to a limited range of neighborhood-serving commercial and retail uses. Council Action Form January 14, 2013 Page 3 The current PRO zoning only allows for single-family development. The applicant desires to be rezoned to MU-N to allow more flexibility for development of the lot. The applicant does not have a specific development plan but has expressed interest in constructing a new residential use such as a duplex. The applicant would like to build upon the City plans for the revitalization of 38th A venue and develop a quality residential product that will attract new residents. Guiding Documents The community's comprehensive plan, Envision Wheat Ridge (2009), identifies 38th Avenue as a priority redevelopment area and calls for small-scale, mixed-use infill along the corridor. The 38th Avenue Corridor Plan (2011) establishes the vision for a vibrant, mixed-use main street and specifically encourages zoning that will support quality infill development. Process The application has been through the standard City and outside agency referral process. No comments were received and any necessary upgrades to utilities will be required at the expense ofthe developer at the time of redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 27-2012, an ordinance approving the rezoning of property located at 3775 Benton Street from Planned Residential Development (PRO) to the Mixed Use- Neighborhood (MU-N) zone district, on second reading and that it take effect 15 days after publication." Or, "I move to deny Council No. 27-2012, an ordinance approving the rezoning of property located at 3775 Benton Street from Planned Residential Development (PRO) to the Mixed Use- Neighborhood (MU-N) zone district, for the following reason(s): " REPORT PREPARED BY: Sarah Showalter, Planner II Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 27-2012 2. Planning Commission staff report 3. Planning Commission meeting minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER COUNCIL BILL NO. 27 ORDINANCE NO.---- Series 2012 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3775 BENTON STREET FROM PLANNED RESIDENTIAL DEVELOPMENT (PRO) TO THE MIXED USE- NEIGHBORHOOD (MU-N) ZONE DISTRICT (CASE NO. WZ-12-09) WHEREAS, the City of Wheat Ridge would like to encourage mixed use zoning and development; and WHEREAS, the City of Wheat Ridge has adopted the 38th Avenue Corridor Plan, which calls for the mixed use redevelopment of the 38th Avenue Corridor; and WHEREAS, Dumindu and Seun Realty has submitted a zone change application to Mixed Use-Neighborhood for property located at 3775 Benton Street; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 1 , 2012 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Dumindu and Seun Realty, approval of a zone change ordinance for property located at 3775 Benton Street from Planned Residential Development (PRO) to Mixed Use-Neighborhood (MU-N), and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, the following zone change is approved for the following described parcel : LOT 2, CADENCE SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO . Section 2: Vested Property Rights . Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Attachment 1 Ordinance bears a rational relation to the proper legislative objective 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 effect application to other persons or circumstances. Section 5: Suppression 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: Effective Date. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of November, 2012, ordered it published with public hearing and consideration of final passage set for Monday, January 14, 2013 at 7:00 p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to __ , this day of , 2013. SIGNED by the Mayor on this ___ day of _______ , 2013. ATIEST: Janelle Shaver, City Clerk First Publication: November 29, 2012 Second Publication Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney "~·~ ... ~ City of --~Wlieat~e ~OMMUNJlY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVEWPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Sarah Showalter DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: November I, 2012 WZ-12-09/Dumindu and Seun Realty Approval of a zone change from Planned Residential Development (PRO) to Mixed Use Neighborttood (MU-N) LOCATION OF REQUEST: 3775 Benton Street (vacant lot) APPROXIMATE AREA: 6,580 Square Feet (0.15 Acres) PRESENT ZONING: Planned Residential Development (PRO) PRESENT LAND USE: Vacant land COMPREHENSIVE PLAN: Main Street Corridor ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Case WZ-12-09/Dumindu and Seun Realty Attachment 2 All notification requirements have been met; therefore, there is jurisdiction to hear this case I. REQUEST Case Number WZw 12-09 is an application by Dumindu and Seun Realty requesting approval of a zone chan e from Planned Residential Development (PRO) to Mixed UsewNeighborhood (MUwN) ~bit J. Le al Descri lion and Ma I. The zone change is the first step in the process for approval of proposed new residential development on the site. If approved, and prior to any construction, a Site Plan review will be required to confirm that the proposed development meets the standards of the MU wN zone district. The rezoning area includes one parcel a total of6,580 SF (0.15 Acres) in size II. EXISTING CONDITIONS Subject Property The property is located at 3175 Benton Street, one property south from the southwest comer of 38th A venue and Benton Street. The property is currently zoned Planned Residential Development (PRO). The parcel is Lot 2 of the Cadence Subdivision. In 2006w2007, the property was rezoned from Cwl to PRO through the Advance Auto Si n re-Fam"l ~ Outline Development Plan to allow for development of a singlewfamily home t Exhibit 3, Current PRD Zonin . The parcel is rectangular in shape with an angled front property line along Benton Street. It is approximately 50 feet wide. It is 125 feet long on the southern edge and 135 feet long on the northern edge. The vacant and undeveloped. It is the only vacant parcel on this block of Benton Street Surrounding Zoning and Land Uses The immed to the north is zoned CommercialwOne (C-1) and contains an auto parts store To the south are two Residential-Three (Rw3) zoned properties with two- family homes. Directly across the street, on the east side of Benton, are single-family homes zoned ResidentialwOne A (R-IA). To the northeast ofthe property are two single-family homes zoned C-1 and a commercial property zoned Cwl fronting 38th Avenue. Most of the properties to the north, northeast, and northwest of the subject property were part of the recent · · to Mixed Use-Nei (MU-N) for the 38111 A venue corridor #bit The MU-N zoning was approved by City Council on October 22,2012 but will not go into effect until November 24,2012. The subject property was not included in the proposed boundaries for the MU-N legislative zonina since staff used the criterion that properties zoned PRD would not be included and staff was not aware at the time that the current owner wished to be rezoned to MU-N. The current owner and applicant purchased the property in summer 2012 after the proposed boundaries for the MU-N corridor rezoning were drawn . Ill. PROPOSED ZONING The applicant is requesting that the subject property be rezoned to Mixed Use-Neighbomood (MU-N), a zone district intended for neighbomood commercial corridors and neighbodlood commercial centers . The zone district is established to encourage medium density mixed use development in which a range Case WZ-12-09/Dumindu and Seun Realty 2 of residential uses are pennitted, in addition to a limited range of neighborhood-serving commercial and retail uses. The current PRO zoning only allows for single-family development. The applicant desires to be rezoned to MU-N to allow more flexibility for development of the lot. The applicant does not have a specific development plan but has expressed interest in constructing a new residential use such as a duplex. The applicant would like to build upon the City plans for the revitalization of 38111 A venue, as called for in the 38th A venue Corridor Plan and residential product that will attract new residents The following table compares the proposed and existing standards that apply to the subject property. In general, the MU-N district is expected to make the property more developable by allowing a wider range of uses. The MU-N zone district also has enhanced architectural standards and requirements for buffering adjacent to residential uses to ensure compatibility with neighboring land uses. \ll.-:'li ( l'roptt,l·d) PRU (I \i,t~rt~l Uses Residential or neighborhood-serving Single-family residential and pennitted commercial and retail home occupations Building Height 35 feet ifbuilding has residential use 35 feet (Max) 50 feet all other buildings Build-to I Setbacks Front 0-12 foot build-to area 25 feet Rear setback s feet s feet Side setback north 0 feet 3 feet Side setback south 1 0' for 1-2 story building S feet 1 s· for 3 story building 20' for four story building Architectural High quality architecture required; No architectural standards but PRO calls Standards standards related to materials, for wood siding or veneered brick with articulation, and transparency asphalt shingle roof for the new home. Lot Coverage (max) 85% (single use) 4S% 9()0.4 (mixed use} Landscape I Open 15% (single use) 25% Space (min) 10% (mixed use) Because the lot borders two-family home to the south, it is worth noting that the MU-N zone district requires buffering for any new development adjacent to residential uses. The following standards would apply to any new development in the MU-N district that is adjacent to a single-or two-family home: • Screening is required wherever a parking area abuts a residential use, including a 6-foot landscape buffer and 6-foot tall fence, wall, or hedge. • A minimum 10-foot wide landscape buffer for 1-2 story buildings. The buffer must be IS feet wide for a 3 story building, and 20 feet wide for buildings 4 stories or taller. • In addition to the landscaped buff~ buildings over 2 stories must step the upper floors back an additional S feet per story for the 3 and 4th stories. • Any portion of a building within 1 00 feet of a residential use may not be taller than 4 stories. Case WZ-12-09/Dumindu and Seun Realty 3 IV. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant was required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood inpu was held on Se tember 18,2012. Nine members of the public were in attendance Exhibit 7. , ei hborhood Meeting Notes . V. AGENCY REFERRAL All affected service agencies were contacted regarding their ability to serve the property. Any applicant for development will be responsible for providing upgrades if needed. Referral responses received are summarized below. Another referral process will be required when a Site Plan application for development is made. City of Wheat Ridge Public Works: There are no concerns with the zone change. Drainage and traffic will be reviewed with future development proposal. Wheat Ridge Sanitation District: No concerns. Wheat Ridge Fire District: No concerns. Xcel Energy: No concerns. VI. ZONE CHANGE CRITERIA Staff has provided an analysis ofthe zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: I. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse eftect on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and will not adversely affect the surrounding area. While the proposed MU-N zoning would allow for a wider range of uses than the current PRO zoning, it also requires buffering and architectural standards to ensure that any new development does not negatively impact surrounding properties. Any development proposal will be required to complete the Site Plan review process through which traffic impacts, drainage, and buffering will be analyzed. The MU-N zoning is expected to add value to the subject property and to the surrounding neighborhood by enabling new investment on the vacant parcel. It would provide a transition between the commercial zoning and land use to the north and the R-3 zoning to the south. Height restrictions and upper-story stepback requirements where adjacent to sin&le-and two-family residential will minimize impacts to adjacent single-and two-family homes. Staff concludes that this criterion has been met. Case WZ-12-09/Dumindu and Seun Realty 4 l. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Prior to new development under the MU-N zoning, a Site Plan Review application will be required. This application will include a referral to all impacted utility agencies. In the event that current capacity is not adequate, utility upgrades will be required by the developer when the future development scenario is known. A referral to utility agencies as part of the rezoning request did not yield any concerns about their ability to serve. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (l) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprebeasive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the City's Comprehensive Plan and the 38* A venue Corridor Plan. Both plans call for creating a Main Street with a mix of uses, including commercial and residential, that will activate the street and encourage redevelopment. The corridor plan specifically calls for rezoning to MU-N along the 38* Avenue corridor to encourage quality, higher-density residential development that will attract new residents to the area. The proposed MU-N zoning, which encourages mixed use development and contains design standards, directly fits with these goals. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. There is no known error in the existing recorded zoning. Staff concludes that this criterion is not applicable. c. A change of character in the area bas occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The 38* A venue corridor from Sheridan to Wadsworth has seen significant change since the PRD zoning was :proved in 2007. The corridor has been a priority redevelopment area since 2001 , when the 38 A venue Corridor Redevelopment Plan was adopted by City Council and the Urban Renewal Authority. More recently, in 2011, the City adopted the 38th A venue Corridor Plan to promote revitalization of the corridor. Implementation of the plan has included a capital project for lane reconfiguration and beautification as well as a City-initiated rezoning of properties similar to the subject property to MU-N. The proposed MU-N zoning is intended to complement these Case WZ-12-09/Dumindu and Seun Realty s efforts to revitalize the street and encourage residential, commercial, and mixed use redevelopment along the corridor. Staff concludes that this criterion has been met. d. Tbe proposed rezoniog is necessary in order to provide for a commuoity oeed tbat was not anticipated at tbe time of tbe adoption of tbe City of Wbeat Ridge comprehensive plao. The proposed rezoning does not relate to an UIWlticipated need. Staff concludes that this criterion is not applicable. V. STAFF CONCLUSION & RECOMMENDED MOTION(S) Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff concludes that adequate infrastructure exists and will be upgraded if needed when a Site Plan application is made. Staff further concludes that the zone change is consistent with the Comprehensive Plan and the 38 111 A venue Corridor Plan. Finally, staff concludes that a change of character has occurred in the area and it is in the public interest to encourage investment on and adjacent to the 38th Avenue corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of this request. OPTION A: "I move to recommend APPROVAL of Case No.WZ-12-09, a request for approval of a zone change from Planned Residential Development (PRD) to Mixed Use-Neighborhood (MU-N) for property located at 3775 Benton Street, for the following reasons: I. The proposed zone change is consistent with the goals and objectives ofthe Comprehensive Plan and the 38th A venue Corridor Plan. 2. The proposed zone change is compatible with the surrounding area and provides a reasonable transition between a commercial corridor and multi-family zoning to the south. 3. The proposed zone change will not adversely impact the public health, safety, or welfare. 4. The subject property is currently underutilized. The zone change may increase the likelihood of the site developing in a way that supports the City's goals for 38th Avenue and that provides a transition between existing commercial and residential uses." OPTION B: "I move to recommend DENIAL of Case No.WZ-12-09, a request for approval of a zone change from Planned Residential Development (PRO) for property located at 3775 Benton Street, for the following reasons: I. 2. 3." Case WZ-12-09/Dumindu and Seun Realty 6 EXHIBIT 1: LEGAL DESCRIPTION AND MAP The property to be rezoned is legally described as: LOT 2 , CADENCE SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. The property is depicted in the map below: J I 38T-H:AV~ ---.... / 015300 05411 05390 ~ 05280 0! 08310 -05400 ch w 03780 ~ 03780 j I 03721 052!50 03770 03711 I 03711 03780 01715 \ -\ 0171: 03740 03770 03705 \ 03711 \ ~ 0371 \ 01740 03730 03709 \ -03735 037 03705 03730 037 01720 -0372a t-- 03740 t:-03703 031 ~ U) . z 03710 ~ -w 03715 0 rn 03710 ~ 03011 ~ z 03r w 1 I -(J) m 01700 I II 01700 I 03705 038!16 - Case WZ-12 -09/Dumindu and Seun Realty 7 EXHIBIT 2: AERIAL MAP Case WZ-12-09/Dumindu and Seun Realty 8 -:;a ~---=--=-------------- EXHIBIT 4: SITE PHOTOS This is a view of the site from the south on Benton Street. The left shows the duplex that is south of the site and the right shows the commercial use that abuts the site on the north. This is a view of the site, which is the vacant grassy area, from Benton Street. Case WZ-12-09/Dumindu and Seun Realty 9 This is a view of the vacant, grassy site from the north. The parking area is the parking lot for the commercial use (auto parts store) north of the site. This is a view of the two duplexes, zoned R-3, to the south of the site. This is a view of the , across from the site on the east side of at the southeast comer of Benton and 386 A venue. Case WZ-12-09/Dumindu and Seun Realty 10 EXHIBIT 5: ZONING MAP WITH 38™ AVENUE REZONING BOUNDARIES The purple line shows the bo undaries of the new MU-N zoning approved by City Council on October 22, which will go into effect on November 24111• Case WZ-12-09/Dumindu and Seun Realty II EXHIBIT 6: REZONING REQUEST FROM APPLICANT Ruollfa1 Nurad n In October 2011, the City of Wheat Ridge launched a revitalizina plan in order to attract well rounded residences bade to the city, brina in more businesses to generate sales rn·enues. and build more modem homes to help raise the property value within the main street corridor. In an effort to help redevelop the 38• Avenue Corridor Plan. I would like to apply for 377S Benton St. to be rezoned into a Mix Used (MU-N) site. The cuaent zonina currently on that location only allows a single family home and I would like to have more options to build on that site. The rezoning in tum would appeal to attract yoWlg and upcomina professionals (Generation X and Y) to Wheat Ridge. as it has done to the highlands and west highlands neighborhoods. I understand a lot of questions will be raised regarding this matter, but I do have a reason for my plans. If the City of Wheat Ridae wants to increase foot traffic in general, the city must achieve an increase in population in the surrounding area. Closina one lane going east bound on 38• Avenue helps to slow traffic down and helps increase visibility to already existing businesses. Realistically, however, would people stop and talce their time to walk around and get to know the neighborhood or shop within the area? Most likely not, since market research has shown that people generally tend to stay and shop within a 2 mile radius from their homes during weekdays. This makes sense because after a long day of wodc. people do not want to travel far from their homes and neighborhoods for food, entertainment, or recreations. With that in mind. the 38* Avenue corridor is a great place to start building ne·w homes that will attract the young professionals who have just started their new careers and the next phase of their lives. If the City of Wheat Ridge can entice this demographic to settle within the area, it will open the door for businesses such as restaurants. clothing stores, furniture stores, etc to come in increasing the visibility of Wheat Ridge as well as gcncratina more revenue for the city. I understand the city's vision for modanization and I see great potaltial for this neipborhoocl I sincerely hope we can wodt topthcr and develop a great relationship to build and improve Wheat Ridge's main s1rcct. Case WZ·I2-09/Dumindu and Seun Realty 12 EXHIBIT 7: NEIGHBORHOOD MEETING NOTES .... \.~~ .... • .,. City of • .. rct:W heat~dge ~OMMUNilY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge. CO 80033-8001 P: 303 .235.2846 F: 303 .235.2857 NEIGHBORHOOD MEETING NOTES Date: September 18, 2012 City StaffPresent: Meredith Reckert, Senior Planner Location of meeting: Wheat Ridge Municipal building Lobby conference room 7500 W. 291h Avenue Wheat Ridge, CO Property location: 3775 Benton Street Property owner: Seun Phommatha Property Owner(s) present? Yes Existing Zoning: PRO, Planned Residential Development Comprehensive Plan Main Street Corridor; Neighborhood Designation: Applicant's Proposal: The applicant, Mr. Seun Phommatha, is proposing to rezone the site to Mixed Use-Neighborhood (MU-N) for res idential development. The site is currently zoned Planned Residential Development and allows only for a single-fam ily dwelling. The proposed Mixed Use-Neighborhood (MU-N) zone district is established for locations along neighborhood main streets and at neighborhood commercial centers. The zoning encourages medium density mixed use development. In addition to residential and civic uses, it a llows for a limited range of neighborhood-serving commercial and retail uses. A zone change to Mixed Use-Neighborhood (MU-Nl is consistent with the City's comprehensive plan because the property is situated between W. 38 Avenue-a neighborhood commercial corridor-and a residential nei g hborhood. Residential development would be permitted in the MU-N zone district. Existing Conditions: The property is located on the west side of Benton Street, one lot south of W. 38th Avenue. The parcel is addressed as 3775 Benton and is Lot 2 ofthe Cadence Subdivision. Case WZ-12-09/D umindu and Seun Realty 13 The property is zoned Planned Residential Development (PRO); specifically it comprises the Advance Auto Single-Family PRD which allows only for the development of a single-home. Surrounding properties have a variety of land uses and zoning designations. To the south, east, and west are residential lots zoned Residential-One A (R-IA), Residential-One 8 (R-18), and Residential-Three (R-3). The parcels along W. 38111 Avenue to the north are cWTently zoned Commercial-One (C-1 ). The parcel immediately adjacent to the north includes an Advance Auto business. It should be noted that a city-initiated zone change is currently in process and may result in the commercial properties along W. 38111 A venue being rezoned to Mixed Use-Neighborhood (MU-N). The subject property is cWTently a vacant, grassy lot. Based on Jefferson County Assessor records, the lot is 6,580 square feet in size (0.15 acres). Members of the public present: sign-up sheet. The following issues were discussed: Nine members of the public were present. See attached What is the side setback required in an MU-N zone district? The MU-N zone district allows a 0 ' side setback but any new structure would also have to meet separation standards from adjacent structures as regulated by the Uniform Building Code. Additionally, if the development abuts a single-or two{amily home, as this property does to the south, a minimum 10 ' landscaped setback/buffer is required. What is proposed to be built? At this point, the property owner is not sure; perhaps residential or live/work. The property is only 6580 square feet in size and will not accommodate most commercial uses that are allowed in the zone district. What is the maximum building height allowed in MU-N? The maximum building height for any structure with residential in it is 35 '. This is consistent with the height restriction in the surrounding neighborhood Will the proposed use make noise for the neighborhood? Because it is likely that the use will be residential development, it is doubtful that it will contribute to noise in the neighborhood It was noted that a new structure on the property may serve as a buffer and will help muffle noise from J~ Avenue and the Advance Auto parts store. Where will the parking be? Parking will occur on site; there may be garages built for the proposed residential use. Will landscaping be required? Yes, the City will require installation of 15% landscaping on the property if it is a single use development. If it is a mixed use development, 1 (1',.4, landscaping will be required There will also be the requirement for installation of street trees. Case WZ-12-09/Dumindu and Seun Realty 14 V'l - September 18, 2012 Neighborhood Meeting Proposed zone change from Planned Residential Development (PRO) to Mixed Use-Neighborhood (MU-N) Vacant lot on Benton Street behind Advance Auto Parts PLEASE PRINT Name Address 1 . ~ -,2_Q /}O dOYfiO.r, £~<.41}(~ 2. ~~&~ .3 z..ss d~ Lt;:.: 3. ~~~ .J.7¥o 4~ Jt, ~ ~ .u.-~~ c: d.z~:s khD:-::1 4. u Cl) 17 1 'iltAze:=J ~ ,fj 3. (3 5~ 9" 1D3~J,~ ::1 5. "'0 c: ·e ::1 6. CU&tS oLSPrJ ~lio ~t~ :s~ e 0'1 '=? N lx&~~ -' 31(\ MY\6 "'* N 7 . ~ ~ N 0 Case WZ-J 2-09/Dumindu and Seun Realty 16 "~ j, , .-City of r \\TheatRi_dge PLANNING COMMISSION Minutes of Meeting November 1, 2012 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair TIMMS at 7:02p.m. in the City Council Chambers ofthe Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado . 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA Anne Brinkman Alan Bucknam Monica Duran Dick Matthews Steve Timms Amanda Weaver Scott Ohm Tracy Guildner Sarah Showalter, Planner II Deborah Baker, Recording Secretary It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES-October 18, 2012 It was moved by Commissioner MATTHEWS and seconded by Commissioner DURAN to approve the minutes of October 18, 2012, with the following amendment: On page 8 in paragraph 1, replace motion passed 6-0, with motion passed 6-1. Motion carried 7-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes November 1, 2012 Attachment 3 - I - 7. PUBLIC HEARING A. Case No.WZ-12-09: An application filed by Dumindu and Seun Realty for a request for approval of a zone change from Planned Residential Development (PRD) to Mixed Use-Neighborhood (MU-N) for the property located at 3775 Benton Street. This case was presented by Sarah Showalter. She entered into the public record the contents of the case file, the zoning ordinance, the digital presentation and the Comprehensive Plan. All notification requirements have been met and there is jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommends approval of the zone change. Commissioner BRINKMAN asked if the owner of the property also owns Advance Auto located to the north of the property. Ms. Showalter replied that the current owner purchased the subject property recently and does not own the Advance Auto Parts property. Commissioner BRINKMAN commented that the size of the lot is so small is because of the subdivision in 2007 when Advance Auto chose to have an oversized lot for their commercial use and left a very small lot . She asked if the PRD zoning was the only option for the small lot at the time of the subdivision. Ms. Showalter stated that the only choice they had for the zoning to be compatible with the neighborhood was planned residential. Ms. Showalter stated that she does not have firsthand knowledge, but she has read the case file, and from a staff standpoint, PRO wasn't the only option; it just made sense to have residential use here. Commissioner BRINKMAN expressed concern about potential parking issues since the lot is so small. In response to her question, Ms. Showalter stated that staff will evaluate parking needs during the administrative review and ensure that zoning requirements are met. In response to Commissioner BRINKMAN's question, Ms. Showalter responded that slope is not an issue with this property. In response to Commissioner BRINKMAN's question asking if the trees are on the commercial lot or the subject property, Ms. Showalter replied that she is not sure since survey documents were not researched for this case. Commissioner WEAVER questioned why the subject property would be zoned MU- N instead of R-2 if commercial isn't a viable option. Ms. Showalter responded that the minimum lot size in R-2 zone district is 12,500 square feet and a two-family home would not be permitted in that zone district. When staff spoke with the applicant about his intent, it was recognized that there is not an existing zone district that fits a more urban, smaller lot development such as this property, and the MU-N is the best fit available. Although commercial use could theoretically be placed on the lot, there is not enough space for it. Planning Commission Minutes November I, 2012 - 2 - Ms. Showalter confirmed Chair TIMMS' understanding that the MU-N zone district has no minimum lot size. In response to Chair TIMMS's question, Ms. Showalter responded that the maximum height allowed on the R-3 lots just south to the subject property would be 35 feet. Suen Phommatha 11773 Gray St., Westminster, CO 80020 The applicant stated that he has nothing additional to add to his request at this time. Everything has been well covered in the presentation. His design finn will stay within the rules and regulations of the City of Wheat Ridge. He wants to work with the City and Wheat Ridge 2020 to build the 38th Corridor. In response to Commissioner BRINKMAN's question, Mr. Phommatha stated that he expected more adverse comments from the neighborhood meeting, and he was pleased there were not, as he wants to be a part of the neighborhood and do his part to build up the City. In response to Commissioner BRINKMAN'S question, Mr. Phommatha stated he was not aware of the limitations of the property when he purchased it. He saw potential, and was interested in building a single family home on the lot. After he met with Wheat Ridge 2020 and gained a better understanding of the plans for the neighborhood, he realized his vision for the future was a good fit for the property. In response to Commissioner BRINKMAN'S question about whether the residential development will be for-sale or rental, Mr. Phommatha stated that he is unsure but wishes to live in the area. Chair TIMMS opened the public hearing. Tom Lix 3745 Chase St., Wheat Ridge, CO Mr. Lix expressed opposition to the zone change request. He stated that he is not against the redevelopment of 38th A venue but he is concerned about commercial uses from 38th Avenue spreading into the residential neighborhood. John Montoya 3755 Benton St., Wheat Ridge, CO Mr. Montoya stated that he is in support of the proposal. The applicant explained to him that he wants to build a single-family home and potentially add his consulting business as a home occupation. Britta Fisher 3106 Benton St., Wheat Ridge, CO Planning Commission Minutes November I, 2012 - 3 - Ms. Fisher stated she is the Executive Director of Wheat Ridge 2020, as well as a resident on Benton St. She stated that she thinks expanding the zone district makes sense. She is encouraged to see vacant land being attractive for investment and development, and is happy to work with anyone wanting to do that in the City. Chair TIMMS closed the public hearing. Commissioner BRINKMAN stated she is in favor of the zone change request, but is concerned about the potential for on-street parking if a multifamily unit is built on the lot. Commissioner DURAN asked for and received clarification that the trees belong on the subject lot, not the commercial property next door. Commissioner BUCKNAM stated that he supports the applicant's request to develop a challenging space and would like to see it utilized well, but he also has concerns about adequate parking. Ms. Showalter explained that in the MU-N code, on-street parking is allowed, and that can be used toward the minimum parking standards . Commissioner OHM expressed his support of the zone change. It was moved by Commissioner OHM and seconded by Commissioner DURAN to recommend APPROVAL of Case No. WZ-12-09, a request for approval of a zone change from Planned Residential Development (PRO) to Mixed Use- Neighborhood (MU-N) for property located at 3775 Benton Street, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the 381h Avenue Corridor Plan. 2. The proposed zone change is compatible with the surrounding area and provides a reasonable transition between a commercial corridor and multi-family zoning to the south. 3. The proposed zone change will not adversely impact the public health, safety, or welfare. 4. The subject property is currently underutilized. The zone change may increase the likelihood of the site developing in a way that supports the City's goals for 381h Avenue and that provides a transition between existing commercial and residential uses. Motion passed 7-0. Chair TIMMS stated that the case will go to City Council on January 14, 2013, and he invited all interested parties to attend that meeting. 8. STUDY SESSION Planning Commission Minutes November 1, 2012 -4- A. LiveWell Wheat Ridge Presentation Molly Hanson and colleagues of Live Well Wheat Ridge gave a presentation on their activities to the Commissioners. Commissioner BUCKNAM asked if there has been any discussion about extending the bike lanes on 38th Avenue east toward the Sheridan commercial center. It was discussed that on-street parking has reduced the opportunity for bicycle lanes cast of Pierce. Ms. Showalter commented that at the time of adoption of the Corridor Plan, the community members determined that on-street parking took precedence over bike lanes. Ms. Showalter added that there is adequate parking today without on-street parking. An intern working with Community Development is currently doing a parking utilization study, and it can be used for future planning to potentially examine the option to replace the on-street parking with bicycle lanes. Commissioner BRINKMAN stated that she had read the walking assessment and took note of the comments that there has not been enough consideration of continual benches. Wheat Ridge has an aging population, and ifthere are adequate benches, it encourages people to walk, then stop; walk, then stop. She would like to see more benches placed in the appropriate areas. Commissioner DURAN said she was involved in the walking assessment. The stretch between Upham and High Court is truly a cohesive, pedestrian environment with the trees and contiguous sidewalk. This is the type of environment people said that they wanted to see on the rest of the corridor. Commissioner BRINKMAN would like to see signage pointing to the pocket parks off 38 1h Avenue, such as Founders Park, that people would not necessarily be aware of. In response to Commissioner BUCKNAM's question, Ms. Hanson replied that LiveWeJI Wheat Ridge has been coordinating with the safe routes to schools initiatives. Several schools have indicated their interest, and there is ongoing discussion with the 38th A venue implementation team. Commissioner BUCKNAM stated that more kids would start walking and biking if the infrastructure is put into place. Commissioner WEAVER expressed her concern that funding for Live Well Wheat Ridge is stepping down. She doubts that people are aware of all the great work this organization is doing. Next year is their last year of funding. They have been producing rich studies and have been very successful in getting people involved . There is a real need to find funding sources and ways to continue the organization . 9. OTHER ITEMS Planning Commission Minutes November I, 20 I 2 -5 - • Kim Waggoner is on board in the Administrative Assistant position vacated by Kathy Field. • Meredith Reckert's recovery from surgery has been slower than expected. She is still not back in the office. There were no other items to come before the Commission. The next Planning Commission meeting is scheduled for December 6, 2012. 10. ADJOURNMENT It was moved by Commissioner BRINKMAN and seconded by Commissioner OHM to adjourn the meeting at 8:38 p.m. Motion carried 7-0. Planning Commission Minutes November I, 2012 Deborah Baker, Recording Secretary -6- ~ i ~ ~~ ~ ., City of • JP'WheatR!9ge ITEM NO: ~. DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2013-AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4335 HARLAN STREET FROM RESTRICTED COMMERCIAL (RC) TO M I XED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-12-1 0/FERNANDEZ) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: rgj ORDINANCES FOR I 5T READING (1/14/2013) 0 ORDINANCES FOR 2N° READING (2111/2013) rgj YES D NO Community Development Director lll1JJ~ City Manager ISSUE: The applicant is requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4335 Harlan Street. The proposed rezoning area includes one parcel, the total size of which is approximately 0.29 acres. The purpose of the zone change is to expand possible uses for the property including the option of converting the existing structure back to a residential occupancy. At this time, the applicant is not proposing any new development or modifications to the site. If the property is redeveloped in the future under the proposed MU-N zoning, an administrative site plan review would be required to confirm that proposed development meets the standards of the mixed use zone district. P RIOR ACTION: Planning Commission heard the request at a public hearing on December 6, 2012 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. Case No. WZ-12-10/Femandez Council Action Form January 14,2013 Page 2. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,086.25 were collected for the review and processing of Case No. WZ-12-1 0. BACKGROUND: The property is located at 4335 Harlan Street in the northeast quadrant of the City, three lots south ofW. 44th Avenue. The property is currently zoned Restricted Commercial (RC) which allows for various types of office uses and a limited range of neighborhood-oriented retail uses. The primary structure on the property was originally built as a single family home in 1954. Since that time, the building has been converted for commercial use. A Certificate of Occupancy issued in 1975 indicates that commercial uses have existed since at least that time. Most recently, the site served as offices for insurance and financial planning businesses. The property retains a residential appearance with a landscaped front yard and mature trees. Surrounding Land Uses The site is surrounded to the north, south, and east by properties that are also zoned commercially. On Harlan Street between W. 43rd and W. 44th Avenues, all but one property is zoned RC. Many of the properties on this block are converted residences and include businesses such as a dental office, antique shop, acupuncturist, and offices for an electrician and home cleaning service. Immediately to the north of the subject lot is a single family home zoned RC. At the corner of Harlan and W. 44th A venue are two larger commercial parcels including a Wells Fargo bank and a pawnbroker. Behind the subject site to the west is a residential neighborhood zoned Residential-Two (R-2) and Residential-Three (R-3). Current and Proposed Zoning The current and proposed zone districts are very similar as RC and MU-N were both established to provide for neighborhoods serving commercial uses. A significant difference, however, is in the treatment of residential uses. In the RC zone district, residential uses are permitted on a very limited basis per section 26-626 of the City code. Existing residential uses may continue, but new residential uses must be an accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use, it cannot be converted back to a primary residential use under the current RC zoning. Unlike a Restricted Commercial designation, a new residence is considered a permitted use in the Mixed Use-Neighborhood zone district. The applicant has expressed a desire to convert the subject property back to a residential occupancy. The MU-N zoning will allow for the desired residential use and will also preserve the possibility oflive/work or commercial uses for future tenants. RECOMMENDED MOTION: "I move to approve Council Bill No. 01-2013, an ordinance approving the rezoning of property located at 4335 Harlan Street from Restricted Commercial (RC) to Mixed Use-Neighborhood Council Action Form January 14, 2013 Page 3 (MU-N) on first reading, order it published, public hearing set for Monday, February II, 2013 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planner I Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Council Bill No. 01-2013 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER------- COUNCIL BILL NO. 01 ORDINANCE NO.---- Series of 2013 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4335 HARLAN STREET FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ 12-10/FERNANDEZ) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Arturo Fernandez has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 4335 Harlan Street; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan- Envision Wheat Ridge-which calls for a mix of land uses along neighborhood corridors such as Harlan Street; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 6, 2012 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Arturo Fernandez for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4335 Harlan Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: EAST% OF LOT 5, KAREN SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge . Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and ATTACHMENT 1 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: Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections , subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 5. Effective Date. This Ordinance shall take effect 15 days after f inal 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 January, 2013, ordered it published with Public Hearing and consideration on final passage set for Monday, February 11, 2013 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge , Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final read ing by a vote of to , this day of , 2013. SIGNED by the Mayor on this ___ day of _______ , 2013. ATTEST: Janelle Shaver, City Clerk 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date : Jerry DiTullio, Mayor Approved as to Form Gerald Dahl, City Attorney ~~~., .. ~ or City of • JP"WheatRi_dge ITEM NO: 5. DATE: January 14 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2013 AN ORDINANCE AMENDING SECTIONS 16-131 AND 16-133 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING POSSESSION OF MARIJUANA AND DRUG PARAPHERNALIA 0 PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: !/ City Attorney ISSUE: [8J ORDINANCES FOR I sT READING (01/14/2013) 0 ORDINANCES FOR 2N° READING (01128 /2013) D YES [8J NO Sections 16-13 I and 16-13 3 of the Wheat Ridge Code of Laws prohibit certain activities concerning the possession and use of marijuana and assoc iated drug paraphernalia. On November 6, 2012, the citizens ofthe State of Colorado voted in favor of Amendment 64 legalizing the recreational use of marijuana and associated drug paraphernalia for persons twenty-one years of age and ol der. Accordingly, it is now legal for persons twenty-one years of age or older to possess, display and privately use one ounce or less of marijuana and to possess up to six marijuana plants with three or fewer being mature, flowering plants. In accordance with the effective date ofDecember 6, 2012, law enforcement stopped issuing citations to persons twenty-one years of age or older for marijuana-related activities that were legalized by the provisions in Amendment 64. Currently, the provisions in Sections 16-131 and 16-133 of the Code are in conflict with the provisions in Amend ment 64. The attached Ordinance amends those provisions so that they are consistent with state law . Council Action Form January 14,2013 Page 2 PRIOR ACTION: None FINANCIAL IMPACT: The financial impact for the City is unknown at this time. BACKGROUND: On November 6, 2012, the people of the State of Colorado adopted Amendment 64 which amended the Colorado Constitution by adding Article XVIII Section 16 thereto concerning the legalization of the recreational use of marijuana. Amendment 64 was proclaimed by the Governor as effective on December 6, 2012. As of that date, the acquisition, possession, production, use or transportation of marijuana and associated drug paraphernalia by persons twenty-one years of age and older is legal under state law. Individual use by adults Although Amendment 64 legalizes certain activities, it also places limits on what will be protected and what remains illegal. As of December 6, 2012 persons 21 years of age or older may possess one ounce or less of marijuana, and necessary paraphemalia to ingest or smoke the same. These adult individuals may transfer that amount of marijuana to other adults. In addition, it is now legal for those adults to possess drug paraphernalia associated with the growing and ingesting of marijuana. Adults may also possess, grow, process or transport no more than six marijuana plants, with three or fewer being mature, flowering plants. Plants must be grown in an enclosed locked space. That growing may not take place openly or publicly, and products may not be made available for sale. In addition, the possession and use of marijuana and associated drug paraphernalia by persons under the age of twenty-one years remains illegal and the use of marijuana openly and publicly remains illegal for persons of any age. As of December 6, 2012, law enforcement may not issue tickets for any of the above listed activities protected by Amendment 64. Tickets issued prior to the etTective date of Amendment 64 may, at the discretion of the City's Prosecutor, continue to be prosecuted. State regulation of retail marijuana sales Amendment 64 requires the Colorado Department of Revenue to issue regulations for licenses for retail marijuana stores by July 1, 2013. The Governor has appointed a task force to draft enabling legislation for this regulatory program. It is likely that the task force will rely on the state regulation for medical marijuana currently under revision. Federal law As Council is aware, the possession and sale of any quantity of marijuana is illegal under federal law, and the passage of Amendment 64 in Colorado has not changed this. Various legislators are considering introducing federal legislation to exempt state laws allowing marijuana from the otherwise applicable preemptive federal criminal marijuana laws. The degree to which the federal government chooses to enforce federal criminal marijuana laws or to challenge Amendment 64 in court will continue to evolve. Council Action Fonn January 14,2013 Page 3 Medical Marijuana The passage of Amendment 64 does not affect the constitutional and statutory provisions regarding medical marijuana and the licensing and zoning restrictions applied by the City of Wheat Ridge to that activity. While it is likely that the State Department of Revenue will look to the existing medical marijuana regulations to assist in crafting the new state retail marijuana regulations, the two kinds of marijuana use and their regulation remain separate. The Ordinance amends Sections 16-131 and 16-13 3 in accordance with the provisions in Amendment 64. The other provisions of Amendment 64 concerning the regulation of the retail sale of marijuana will be brought to Council as the law develops at the state level. RECOMMENDATION: City staff recommends adoption of this Ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 02-2013, an ordinance amending Sections 16-131 and 16-133 ofthe Wheat Ridge Code of Laws on first reading, order it published, public hearing set for Monday, January 28, 2013 at 7 p.m . in City Council Chambers, and that it take effect upon adoption and signature ofthe Mayor as provided by Section 5.11 of the Charter. Or, "I move to table indefinitely Council Bill No. 02-2013 for the following reason(s) II REPORT PREPARED BY: Gerald E. Dahl, City Attorney ATTACHMENTS: I. Council Bill No. 02-2013 2. Amendment 64 3. November 7, 2012 Memorandum from CML CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER---- Council Bill No. 02 Ordinance No. ___ _ Series 2013 TITLE: AN ORDINANCE AMENDING SECTIONS 16-131 AND 16-133 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING POSSESSION OF MARIJUANA AND DRUG PARAPHERNALIA WHEREAS, in the recent November 2012 general election, the voters of the State of Colorado adopted Amendment 64 to the Colorado Constitution ("Amendment 64"), codified at Article XVIII Section 16 regarding the personal use and regulation of marijuana; and WHEREAS, Amendment 64 legalized the possession, use, display, purchase or transportation of marijuana accessories or one ounce or less of marijuana for persons twenty-one years of age or older; and WHEREAS, Amendment 64 allows persons twenty-one years of age or older to possess, grow, process or transport no more than six marijuana plants, with three or fewer being mature, flowering plants and to possess the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sal ; and WHEREASfaAmendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of twenty-one years and to prohibit the open ~tld public oonsuQl,Ption of marijuana by persons of any age; and WHEREAS, Wheat R dge Code of Laws Sections 16-131 and 16-133 concern unlawful conduct regarding the IJPssession and use or marijuana and marijuana accessories; and WHEREAS, the City Council desires to amend those Code provisions in accordance with Amendment 64. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-131 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 16-131. Possession of Marijuana Attachment 1 (a) For the purpose of this section, the FOLLOWING DEFINITIONS APPLY: tefms (1) "Marijuana," "marihuana" and "cannabis" are synonymous and shall include all parts of the plant sannabis sativa b. OF THE GENUS CANNABIS, whether growing or not; the seed thereof; the resin extracted from any part of such plant; and every compound, manufacture, sale SALT, derivative, mixture, or preparation of such plant, its seeds or resin but shall not include INDUSTRIAL HEMP, the mature stalks of such plant, fiber produced from its stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, sale SALT, derivative, mixture or preparation of its mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seeds of such plant which is incapabLe of germination, OR THE WEIGHT OF ANY OTHER INGRE~IENT COMBINED WITH MARIJUANA TO PREPARE TOPICAlJ8R ORAL ADMINISTRATIONS, FOOD, DRINK, OR OTHER PRODUCT. (2) The ter:m "Cannabis concentrate" means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized or tetrahydrocannabintd'll (3) "MARIJUANA PRODUCTS" MEANS CONCENTRATED MARIJUANA PRODUCTS AND MARIJUANA PRODUCTS THAT ARE COMPRISED OF MARIJUANA AND OTHER INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES (4) It shall be unl~wful FOR ANY PERSON UNDER TWENTY-ONE (21) YEARS OF AGE to possess OR DISPLAY MARIJUANA PRODUCTS OR one (1) o~nce or less of marijuana, cannabis, or cannabis concentrate, and upon conviction thereof, or plea of guilty or no contest thereto, g,_unishment shall not be by imprisonment, but shall be by a fine of not more than one hundred dollars ($1 00.00), together with a surcharge of ten dollars ($1 O.VO) to be paid to the police department through the court to offset the cost of destruction of drugs, injection devises and drug paraphernalia, whether or not any of those items was confiscated from the defendant. (5) It shall be unlawful openly and publicly to display er consume ene (1) e1:1noe er less ef MARIJUANA PRODUCTS, marijuana, cannabis, or cannabis concentrate, and upon conviction thereof, or a plea of guilty or no contest thereto, punishment be by a fine of one hundred dollars ($100.00), and by imprisonment not exceeding fifteen (15) days. 2 (6) The prov1s1ons of this section shall not apply to any person who possesses or uses MARIJUANA PRODUCTS, MARIJUANA, cannabis or cannabis concentrate pursuant to the dangerous drug therapeutic research act OR IN ACCORDANCE WITH THE PROVISIONS IN ARTICLE XVIII SECTION 14 OF THE COLORADO CONSTITUTION. Section 2. Section 16-133 of the Wheat Ridge Code of Laws is amended by the addition of Subsection (h) to read as follows: Sec. 16-133. Drug paraphernalia * * * (h) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE POSSESSION, DISPLAY, PURCHASE, TRANSPORT OR USE IN PRIVATE BY ANY PERSON THAT IS TWENTY-ONE YEARS OF AGE OR OLDER OF DRUG PARAPHERNALIA THAT IS USED, INTENDED FOR USE, OR DESIGNED FOR USE IN PLANTING, PROPAGATING, CULTIVATING, GROWING, HARVESTING, COMPOSTING, MANUFACTURING, COMPOUNDING, CONVERTING, PRODUCING, PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING, STORING, VAPORIZING, OR CONTAINING MARI:l!~~!OR INGESTING, INHALING, OR OTHERWISE INTR~~IJUANA INTO THE HUMAN BODY. Section 3. If any section, subsection or cia shall be deemed to be unconstitutional or otherwise invalid, the validit y of the l'ern~ning sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this __ day of , 201_, 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 , 201_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 , 201_. SIGNED by the Mayor on this __ day of _____ , 201_. 3 ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 4 Amendment 64 Use and Regulation of Marijuana I Ballot Title: Shall there be an amendment to the Colorado constitution 2 concerning marijuana, and, in connection therewith, providing for the regulation 3 of marijuana; permitting a person twenty-one years of age or older to consume or 4 possess limited amounts of marijuana; providing for the licensing of cultivation 5 facilities, product manufacturing facilities, testing facilities, and retail stores; 6 permitting local governments to regulate or prohibit such facilities; requiring the 7 general assembly to enact an excise tax to be levied upon wholesale sales of 8 marijuana; requiring that the first $40 million in revenue raised annually by such 9 tax be credited to the public school capital construction assistance fund; and I 0 requiring the general assembly to enact legislation governing the cultivation, II processing, and sale of industrial hemp? 12 Text of Measure: 13 Be it Enacted by the People ofthe State ofColorado: 14 Article XVIII of the constitution of the state of Colorado is amended BY THE 15 ADDITION OF A NEW SECTION to read: 16 Section 16. Personal use and regulation of marijuana 17 (1) Purpose and findings. 18 (a) IN THE INTEREST OF THE EFFICIENT USE OF LAW ENFORCEMENT 19 RESOURCES, ENHANCING REVENUE FOR PUBLIC PURPOSES, AND INDIVIDUAL 20 FREEDOM, THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT THE 21 USE OF MARIJUANA SHOULD BE LEGAL FOR PERSONS TWENTY -ONE YEARS OF AGE 22 OR OLDER AND TAXED IN A MANNER SIMILAR TO ALCOHOL. 23 (b) IN THE INTEREST OF THE HEALTH AND PUBLIC SAFETY OF OUR 24 CITIZENRY, THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE 25 THAT MARIJUANA SHOULD BE REGULATED IN A MANNER SIMILAR TO ALCOHOL SO 26 THAT: 27 (I) INDIVIDUALS WILL HAVE TO SHOW PROOF OF AGE BEFORE PURCHASING 28 MARIJUANA; Attachment 2 (II) SELLING, DISTRIBUTING, OR TRANSFERRING MARIJUANA TO MINORS 2 AND OTHER INDIVIDUALS UNDER THE AGE OF TWENTY -ONE SHALL REMAIN 3 ILLEGAL; 4 (Ill) DRIVING UNDER THE INFLUENCE OF MARIJUANA SHALL REMAIN 5 ILLEGAL; 6 (IV) LEGITIMATE, TAXPAYING BUSINESS PEOPLE, AND NOT CRIMINAL 7 ACTORS, WILL CONDUCT SALES OF MARIJUANA; AND 8 (V) MARIJUANA SOLD IN THIS STATE WILL BE LABELED AND SUBJECT TO 9 ADDITIONAL REGULATIONS TO ENSURE THAT CONSUMERS ARE INFORMED AND I 0 PROTECTED. II (c) IN THE INTEREST OF ENACTING RATIONAL POLICIES FOR THE 12 TREATMENT OF ALL VARIATIONS OF THE CANNABIS PLANT, THE PEOPLE OF 13 COLORADO FURTHER FIND AND DECLARE THAT INDUSTRIAL HEMP SHOULD BE 14 REGULATED SEPARATELY FROM STRAINS OF CANNABIS WITH HIGHER DELTA-9 15 TETRAHYDROCANNABINOL (THC) CONCENTRATIONS. 16 (d) THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE 17 THAT IT IS NECESSARY TO ENSURE CONSISTENCY AND FAIRNESS IN THE 18 APPLICATION OF THIS SECTION THROUGHOUT THE STATE AND THAT, THEREFORE, 19 THE MATTERS ADDRESSED BY THIS SECTION ARE, EXCEPT AS SPECIFIED HEREIN, 20 MATTERS OF STATEWIDE CONCERN. 21 (2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHER WISE 22 REQUIRES, 23 (a) "COLORADO MEDICAL MARIJUANA CODE" MEANS ARTICLE 43.3 OF 24 TITLE 12, COLORADO REVISED STATUTES. 25 (b) "CONSUMER" MEANS A PERSON TWENTY -ONE YEARS OF AGE OR OLDER 26 WHO PURCHASES MARIJUANA OR MARIJUANA PRODUCTS FOR PERSONAL USE BY 27 PERSONS TWENTY -ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS. 28 (c) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE OR ITS 29 SUCCESSOR AGENCY. 30 (d) "INDUSTRIAL HEMP" MEANS THE PLANT OF THE GENUS CANNABIS AND 31 ANY PART OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9 2 TETRAHYDROCANNABINOL CONCENTRATION THAT DOES NOT EXCEED THREE- 2 TENTHS PERCENT ON A DRY WEIGHT BASIS. 3 (e) "LOCALITY" MEANS A COUNTY, MUNICIPALITY, OR CITY AND COUNTY. 4 (f) "MARIJUANA" OR "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF 5 THE GENUS CANNABIS WHETHER GROWING OR NOT, THE SEEDS THEREOF, THE RESIN 6 EXTRACTED FROM ANY PART OF THE PLANT, AND EVERY COMPOUND, 7 MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE PLANT, ITS 8 SEEDS, OR ITS RESIN, INCLUDING MARIHUANA CONCENTRATE. "MARIJUANA" OR 9 "MARIHUANA" DOES NOT INCLUDE INDUSTRIAL HEMP, NOR DOES IT INCLUDE FIBER I 0 PRODUCED FROM THE STALKS, OIL, OR CAKE MADE FROM THE SEEDS OF THE PLANT, II STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION, OR THE 12 WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH MARIJUANA TO PREPARE 13 TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK, OR OTHER PRODUCT. 14 (g) "MARIJUANA ACCESSORIES" MEANS ANY EQUIPMENT, PRODUCTS, OR 15 MATERIALS OF ANY KIND WHICH ARE USED, INTENDED FOR USE, OR DESIGNED FOR 16 USE IN PLANTING, PROPAGATING, CULTIVATING, GROWING, HARVESTING, 17 COMPOSTING, MANUFACTURING, COMPOUNDING, CONVERTING, PRODUCING, 18 PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING, 19 STORING, VAPORIZING, OR CONTAINING MARIJUANA, OR FOR INGESTING, INHALING, 20 OR OTHERWISE INTRODUCING MARIJUANA INTO THE HUMAN BODY. 21 (h) "MARIJUANA CULTIVATION FACILITY" MEANS AN ENTITY LICENSED TO 22 CULTIVATE, PREPARE, AND PACKAGE MARIJUANA AND SELL MARIJUANA TO RET AIL 23 MARIJUANA STORES, TO MARIJUANA PRODUCT MANUFACTURING FACILITIES, AND 24 TO OTHER MARIJUANA CULTIVATION FACILITIES, BUT NOT TO CONSUMERS. 25 (i) "MARIJUANA ESTABLISHMENT" MEANS A MARIJUANA CULTIVATION 26 FACILITY, A MARIJUANA TESTING FACILITY, A MARIJUANA PRODUCT 27 MANUFACTURING FACILITY, OR A RETAIL MARIJUANA STORE. 28 (j) "MARIJUANA PRODUCTMANUFACTURINGFACILITY" MEANS AN ENTITY 29 LICENSED TO PURCHASE MARIJUANA; MANUFACTURE, PREPARE, AND PACKAGE 30 MARIJUANA PRODUCTS; AND SELL MARIJUANA AND MARIJUANA PRODUCTS TO 31 OTHER MARIJUANA PRODUCT MANUFACTURING FACILITIES AND TO RETAIL 32 MARIJUANA STORES, BUT NOT TO CONSUMERS. 33 (k) "MARIJUANA PRODUCTS" MEANS CONCENTRATED MARIJUANA 34 PRODUCTS AND MARIJUANA PRODUCTS THAT ARE COMPRISED OF MARIJUANA AND 3 I OTHER INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, SUCH AS, BUT 2 NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES. 3 (I) "MARUUANA TESTING FACH.ITY" MEANS AN ENTITY LICENSED TO 4 ANALYZE AND CERTIFY THE SAFETY AND POTENCY OF MARIJUANA. S (m) "MEDICAL MARIJUANA CENTER" MEANS AN ENTITY LICENSED BY A 6 STATE AGENCY TO SELL MARIJUANA AND MARIJUANA PRODUCTS PURSUANT TO 7 SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARUUANA CODE. 8 (n) "RETAIL MARIJUANA STOltE" MEANS AN ENTITY LICENSED TO 9 PURCHASE MARIJUANA FROM MARIJUANA CULTIVATION FACILITIES AND 10 MARIJUANA AND MARIJUANA PRODUCTS FROM MARIJUANA PRODUCT II MANUFACTURING FACILITIES AND TO SELL MARIJUANA AND MARIJUANA PRODUCTS 12 TO CONSUMERS. 13 ( o) "UNREASONABLY IMPRACTICABLE" MEANS THAT THE MEASURES 14 NECESSARY TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH IS INVESTMENT OF RISK, MONEY, TIME, OR ANY OTHER RESOURCE OR ASSETTHA T THE 16 OPERATION OF A MARIJUANA ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED 17 OUT IN PRACTICE BY A REASONABLY PRUDENT BUSINESSPERSON. 18 (3) Personal use of marijuana. NOTWITHSTANDING ANY OTHER PROVISION OF 19 LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE 20 UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE 21 A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR 22 PERSONS TWENTY-ONE YEARS OF AGE OR OLDER: 23 (a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING 24 MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA. 25 (b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE 26 THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING 27 PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE 28 PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES 29 PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY, 30 AND IS NOT MADE AVAILABLE FOR SALE. 31 (c) TRANSFER OF ONE OUNCE OR LESS OF MARIJUANA WITHOUT 32 REMUNERATION TO A PERSON WHO IS TWENTY -oNE YEARS OF AGE OR OLDER. 4 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 (d) CONSUMPTION OF MARIJUANA, PROVIDED THAT NOTHING IN THIS SECTION SHALL PERMIT CONSUMPTION THAT IS CONDUCTED OPENLY AND PUBLICLY OR IN A MANNER THAT ENDANGERS OTHERS. (e) ASSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS (a) THROUGH (d) OF THIS SUBSECTION. (4) Lawful operation of marijuana-related facilities. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY -ONE YEARS OF AGE OR OLDER: (a) MANUFACTURE, POSSESSION, OR PURCHASE OF MARIJUANA ACCESSORIES OR THE SALE OF MARIJUANA ACCESSORIES TO A PERSON WHO IS TWENTY -ONE YEARS OF AGE OR OLDER. (b) POSSESSING, DISPLAYING, OR TRANSPORTING MARIJUANA OR 16 MARIJUANA PRODUCTS; PURCHASE OF MARIJUANA FROM A MARIJUANA 17 CULTIVATION FACILITY; PURCHASE OF MARIJUANA OR MARIJUANA PRODUCTS FROM 18 A MARIJUANA PRODUCT MANUFACTURING FACILITY; OR SALE OF MARIJUANA OR 19 MARIJUANA PRODUCTS TO CONSUMERS, IF THE PERSON CONDUCTING THE 20 ACTIVITIES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID 21 LICENSE TO OPERATE A RETAIL MARIJUANA STORE OR IS ACTING IN HIS OR HER 22 CAPACITY AS AN OWNER, EMPLOYEE OR AGENT OF A LICENSED RETAIL MARIJUANA 23 STORE. 24 (c) CULTIVATING, HARVESTING, PROCESSING, PACKAGING, TRANSPORTING, 25 DISPLAYING, OR POSSESSING MARIJUANA; DELIVERY OR TRANSFER OF MARIJUANA 26 TO A MARIJUANA TESTING FACILITY; SELLING MARIJUANA TO A MARIJUANA 27 CULTIVATION FACILITY, A MARIJUANA PRODUCT MANUFACTURING FACILITY, OR 28 A RET AIL MARIJUANA STORE; OR THE PURCHASE OF MARIJUANA FROM A 29 MARIJUANA CULTIVATION FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIES 30 DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VAlLO LICENSE TO 31 OPERATE A MARIJUANA CULTIVATION FACILITY OR IS ACTING IN HIS OR HER 32 CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA 33 CULTIVATION FACILITY. 34 (d) PACKAGING, PROCESSING, TRANSPORTING, MANUFACTURING, 35 DISPLAYING, OR POSSESSING MARIJUANA OR MARIJUANA PRODUCTS; DELIVERY OR 5 I TRANSFER OF MARIJUANA OR MARIJUANA PRODUCTS TO A MARIJUANA TESTING 2 FACILITY; SELLING MARIJUANA OR MARIJUANA PRODUCTS TO A RET AIL MARIJUANA 3 STORE OR A MARIJUANA PRODUCT MANUFACTURING FACILITY; THE PURCHASE OF 4 MARIJUANA FROM A MARIJUANA CULTIVATION FACILITY; OR THE PURCHASE OF 5 MARIJUANA OR MARIJUANA PRODUCTS FROM A MARIJUANA PRODUCT 6 MANUFACTURING FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIES 7 DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID LICENSE TO 8 OPERATE A MARIJUANA PRODUCT MANUFACTURING FACILITY OR IS ACTING IN HIS 9 OR HER CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA 10 PRODUCT MANUFACTURING FACILITY. II (e) POSSESSING, CULTIVATING, PROCESSING, REPACKAGING, STORING, 12 TRANSPORTING, DISPLA YJNG, TRANSFERRING OR DELIVERING MARIJUANA OR 13 MARIJUANA PRODUCTS IF THE PERSON HAS OBTAINED A CURRENT, VALID LICENSE 14 TO OPERATE A MARIJUANA TESTING FACILITY OR IS ACTING IN HIS OR HER 15 CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA 16 TESTING FACILITY. 17 (f) LEASING OR OTHERWISE ALLOWING THE USE OF PROPERTY OWNED, 18 OCCUPIED OR CONTROLLED BY ANY PERSON, CORPORATION OR OTHER ENTITY FOR 19 ANY OF THE ACTJVJTES CONDUCTED LAWFULLY IN ACCORDANCE WITH 20 PARAGRAPHS (a) THROUGH (e) OF THIS SUBSECTION. 21 (5) Regulation of marijuana. 22 (a) NOT LATER THAN JULY I, 2013, THE DEPARTMENT SHALL ADOPT 23 REGULATIONS NECESSARY FOR IMPLEMENTATION OF THIS SECTION. SUCH 24 REGULATIONS SHALL NOT PROHIBIT THE OPERATION OF MARIJUANA 25 ESTABLISHMENTS, EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE 26 THEIR OPERATION UNREASONABLY IMPRACTICABLE. SUCH REGULATIONS SHALL 27 INCLUDE: 28 (I) PROCEDURES FOR THE ISSUANCE, RENEWAL, SUSPENSION, AND 29 REVOCATION OF A LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT, WITH 30 SUCH PROCEDURES SUBJECT TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF 31 THE COLORADO ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR 32 PROVISION; 33 (II) A SCHEDULE OF APPLICATION, LICENSING AND RENEWAL FEES, 34 PROVIDED, APPLICATION FEES SHALL NOT EXCEED FIVE THOUSAND DOLLARS, WITH 35 THIS UPPER LIMIT ADJUSTED ANNUALLY FOR INFLATION, UNLESS THE DEPARTMENT 6 I DETERMINES A GREATER FEE IS NECESSARY TO CARRY OUT ITS RESPONSIBILITIES 2 UNDER THIS SECTION, AND PROVIDED FURTHER, AN ENTITY THAT IS LICENSED 3 UNDER THE COLORADO MEDICAL MARIJUANA CODE TO CULTIVATE OR SELL 4 MARIJUANA OR TO MANUFACTURE MARIJUANA PRODUCTS AT THE TIME THIS 5 SECTION TAKES EFFECT AND THAT CHOOSES TO APPLY FOR A SEPARATE 6 MARIJUANA ESTABLISHMENT LICENSE SHALL NOT BE REQUIRED TO PAY AN 7 APPLICATION FEE GREATER THAN FIVE HUNDRED DOLLARS TO APPLY FOR A 8 LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT IN ACCORDANCE WITH THE 9 PROVISIONS OF THIS SECTION; 10 (Ill) QUALIFICATIONS FOR LICENSURE THAT ARE DIRECTLY AND II DEMONSTRABLY RELATED TO THE OPERATION OF A MARIJUANA ESTABLISHMENT; 12 (IV) SECURITY REQUIREMENTS FOR MARIJUANA ESTABLISHMENTS; 13 (V) REQUIREMENTS TO PREVENT THE SALE OR DIVERSION OF MARIJUANA 14 AND MARIJUANA PRODUCTS TO PERSONS UNDER THE AGE OF TWENTY-ONE; 15 (VI) LABELING REQUIREMENTS FOR MARIJUANA AND MARIJUANA 16 PRODUCTS SOLD OR DISTRIBUTED BY A MARIJUANA ESTABLISHMENT; 17 (VII) HEALTH AND SAFETY REGULATIONS AND STANDARDS FOR THE 18 MANUFACTURE OF MARIJUANA PRODUCTS AND THE CULTIVATION OF MARIJUANA; 19 (VIII) RESTRICTIONS ON THE ADVERTISING AND DISPLAY OF MARIJUANA 20 AND MARIJUANA PRODUCTS; AND 21 (IX) CIVIL PENALTIES FOR THE FAILURE TO COMPLY WITH REGULATIONS 22 MADE PURSUANT TO THIS SECTION. 23 (b) IN ORDER TO ENSURE THE MOST SECURE, RELIABLE, AND ACCOUNTABLE 24 SYSTEM FOR THE PRODUCTION AND DISTRIBUTION OF MARIJUANA AND MARIJUANA 25 PRODUCTS IN ACCORDANCE WITH THIS SUBSECTION, IN ANY COMPETITIVE 26 APPLICATION PROCESS THE DEPARTMENT SHALL HAVE AS A PRIMARY 27 CON SID ERA TION WHETHER AN APPLICANT: 28 (I) HAS PRIOR EXPERIENCE PRODUCING OR DISTRIBUTING MARIJUANA OR 29 MARIJUANA PRODUCTS PURSUANT TO SECTION I 4 OF THIS ARTICLE AND THE 30 COLORADO MEDICAL MARIJUANA CODE IN THE LOCALITY IN WHICH THE 31 APPLICANT SEEKS TO OPERATE A MARIJUANA ESTABLISHMENT; AND 7 (II) HAS, DURING THE EXPERIENCE DESCRIBED IN SUBPARAGRAPH (1), 2 COMPLIED CONSISTANTLY WITH SECTION 14 OF THIS ARTICLE, THE PROVISIONS OF 3 THE COLORADO MEDICAL MARIJUANA CODE AND CONFORMING REGULATIONS. 4 (c) IN ORDER TO ENSURE THAT INDIVIDUAL PRIVACY IS PROTECTED, 5 NOTWITHSTANDING PARAGRAPH (a), THE DEPARTMENT SHALL NOT REQUIRE A 6 CONSUMER TO PROVIDE A RETAIL MARIJUANA STORE WITH PERSONAL 7 INFORMATION OTHER THAN GOVERNMENT-ISSUED IDENTIFICATION TO DETERMINE 8 THE CONSUMER'S AGE, AND A RETAIL MARIJUANA STORE SHALL NOT BE REQUIRED 9 TO ACQUIRE AND RECORD PERSONAL INFORMATION ABOUT CONSUMERS OTHER I 0 THAN INFORMATION TYPICALLY ACQUIRED IN A FINANCIAL TRANSACTION II CONDUCTED AT A RET AIL LIQUOR STORE. 12 (d) THE GENERAL ASSEMBLY SHALL ENACT AN EXCISE TAX TO BE LEVIED 13 UPON MARIJUANA SOLD OR OTHERWISE TRANSFERRED BY A MARIJUANA 14 CULTIVATION FACILITY TO A MARIJUANA PRODUCT MANUFACTURING FACILITY OR 15 TO A RETAIL MARIJUANA STORE AT A RATE NOT TO EXCEED FIFTEEN PERCENT 16 PRIOR TO JANUARY I, 2017 AND AT A RATE TO BE DETERMINED BY THE GENERAL 17 ASSEMBLY THEREAFTER, AND SHALL DIRECT THE DEPARTMENT TO ESTABLISH 18 PROCEDURES FOR THE COLLECTION OF ALL TAXES LEVIED. PROVIDED, THE FIRST 19 FORTY MILLION DOLLARS IN REVENUE RAISED ANNUALLY FROM ANY SUCH EXCISE 20 TAX SHALL BE CREDITED TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION 21 ASSISTANCE FUND CREATED BY ARTICLE 43.7 OF TITLE 22, C.R.S., OR ANY 22 SUCCESSOR FUND DEDICATED TO A SIMILAR PURPOSE. PROVIDED FURTHER, NO 23 SUCH EXCISE TAX SHALL BE LEVIED UPON MARIJUANA INTENDED FOR SALE AT 24 MEDICAL MARIJUANA CENTERS PURSUANT TO SECTION 14 OF THIS ARTICLE AND 25 THE COLORADO MEDICAL MARIJUANA CODE. 26 (e) NOT LATER THAN OCTOBER I, 2013, EACH LOCALITY SHALL EN ACT AN 27 ORDINANCE OR REGULATION SPECIFYING THE ENTITY WITHIN THE LOCALITY THAT 28 IS RESPONSIBLE FOR PROCESSING APPLICATIONS S U BMITTED FOR A LICENSE TO 29 OPERATE A MARIJUANA ESTABLISHMENT WITHIN THE BOUNDARIES OF THE 30 LOCALITY AND FOR THE ISSUANCE OF SUCH LICENSES SHOULD THE ISSUANCE BY 31 THE LOCALITY BECOME NECESSARY BECAUSE OF A FAILURE BY THE DEPARTMENT 32 TO ADOPT REGULATIONS PURSUANT TO PARAGRAPH (a) OR BECAUSE OF A FAILURE 33 BY THE DEPARTMENT TO PROCESS AND ISSUE LICENSES AS REQUIRED BY 34 PARAGRAPH (g). 35 (f) A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN 36 CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED 3 7 PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER 8 1 OF MARIJUANA ESTABLISHMENT OPERATIONS; EST ABLISHINO PROCEDURES FOR THE 2 ISSUANCE, SUSPENSION, AND REVOCA TJON OF A LICENSE ISSUED BY THE LOCALITY 3 IN ACCORDANCE WITH PARAGRAPH (h) OR (i), SUCH PROCEDURES TO BE SUBJECT 4 TO AU. REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF THE COLORADO S ADMINISTRATIVE PROCEDURE ACT ORA NY SUCCESSOR. PROVISION; ESTABLISHING 6 A SCHEDULE OF ANNUAL OPERATING, LICENSING, AND APPLICATION FEES FOR 7 MARUUANA ESTABLISHMENTS, PROVIDED, THE APPLICA TJON FEE SHALL ONLY BE 8 DUE IF AN APPLICA TJON IS SUBMilTED TO A LOCALITY IN ACCORDANCE WITH 9 PARAGRAPH (i) AND A LICENSING FEE SHALL ONLY BE DUE IF A LICENSE IS ISSUED 10 BY A LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) OR (i); AND ESTABLISHING 11 CIVIL PENALTIES FOR VIOLATION OF AN ORDINANCE OR REGULA TJON GOVERNING 12 TilE TIME, PLACE, AND MANNER OF A MARIJUANA ESTABLISHMENT THAT MAY 13 OPERATE IN SUCH LOCALITY. A LOCALITY MAY PROHIBIT THE OPERATION OF 14 MARUUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING 15 FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES 16 THROUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR 17 REFERRED MEASURE; PROVIDED, ANY INITIATED OR REFERRED MEASURE TO 18 PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA 19 PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR 20 RET AIL MARIJUANA STORES MUST APPEAR ON A GENERAL ELECTION BALLOT 21 DURING AN EVEN NUMBERED YEAR. 22 (g) EACH APPLICATION FOR AN ANNUAL LICENSE TO OPERATE A 23 MARIJUANA ESTABLISHMENT SHALL BE SUBMITTED TO THE DEPARTMENT. THE 24 DEPARTMENT SHALL: 25 (I) BEGIN ACCEPTING AND PROCESSING APPLICATIONS ON OCTOBER I, 2013; 26 (II) IMMEDIATELY FORWARD A COPY OF EACH APPLICATION AND HALF OF 27 THE LICENSE APPLICATION FEE TO THE LOCALITY IN WHICH THE APPLICANT DESIRES 28 TO OPERATE THE MARUUANA ESTABLISHMENT; 29 (III) ISSUE AN ANNUAL LICENSE TO THE APPLICANT BETWEEN FORTY-FIVE 30 AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION UNLESS THE DEPARTMENT 31 FINDS THE APPLICANT IS NOT IN COMPLIANCE WITH REGULATIONS ENACTED 32 PURSUANTTOPARAGRAPH(a)ORTHEDEPARTMENTISNOTIFIEDBYTHERELEVANT 33 LOCALITY THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND 34 REGULATIONS MADE PURSUANT TO PARAGRAPH (f) AND IN EFFECT AT THE TIME OF 35 APPLICATION, PROVIDED, WHERE A LOCALITY HAS ENACTED A NUMERICAL LIMIT 36 ON THE NUMBER OF MARUUANA ESTABLISHMENTS AND A GREATER NUMBER OF 37 APPLICANTS SEEK LICENSES, THE DEPARTMENT SHALL SOLICIT AND CONSIDER 9 I INPUT FROM THE LOCALITY AS TO THE LOCALITY'S PREFERENCE OR PREFERENCES 2 FOR LICENSURE; AND 3 (IV) UPON DENIAL OF AN APPLICATION, NOTIFY THE APPLICANT IN WRITING 4 OF THE SPECIFIC REASON FOR ITS DENIAL. 5 (h) IF THE DEPARTMENT DOES NOT ISSUE A LICENSE TO AN APPLICANT 6 WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION FILED IN ACCORDANCE WITH 7 PARAGRAPH (g) AND DOES NOT NOTIFY THE APPLICANT OF THE SPECIFIC REASON 8 FOR ITS DENIAL, IN WRITING AND WITHIN SUCH TIME PERIOD, OR IF THE 9 DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH (a) AND HAS I 0 ACCEPTED APPLICATIONS PURSUANT TO PARAGRAPH (g) BUT HAS NOT ISSUED ANY II LICENSES BY JANUARY I, 2014, THE APPLICANT MAY RESUBMIT ITS APPLICATION 12 DIRECTLY TO THE LOCALITY, PURSUANT TO PARAGRAPH (e), AND THE LOCALITY 13 MAY ISSUE AN ANNUAL LICENSE TO THE APPLICANT. A LOCALITY ISSUING A 14 LICENSE TO AN APPLICANT SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE 15 RESUBMITTED APPLICATION UNLESS THE LOCALITY FINDS AND NOTIFIES THE 16 APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND 17 REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN EFFECT AT THE TIME THE 18 APPLICATION IS RESUBMITTED AND THE LOCALITY SHALL NOTIFY THE DEPARTMENT 19 IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. IF AN APPLICATION 20 IS SUBMITTED TO A LOCALITY UNDER THIS PARAGRAPH, THE DEPARTMENT SHALL 21 FORWARD TO THE LOCALITY THE APPLICATION FEE PAID BY THE APPLICANT TO THE 22 DEPARTMENT UPON REQUEST BY THE LOCALITY. A LICENSE ISSUED BY A LOCALITY 23 IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE AND EFFECT 24 AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH PARAGRAPH (g) 25 AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO REGULATION OR 26 ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT LICENSE. 27 A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON 28 AN ANNUAL BASIS ONLY UPON RESUBMISSION TO THE LOCALITY OF A NEW 29 APPLICATION SUBMITTED TO THE DEPARTMENT PURSUANT TO PARAGRAPH (g). 30 NOTHING IN THIS PARAGRAPH SHALL LIMIT SUCH RELIEF AS MAY BE AVAILABLE TO 31 AN AGGRIEVED PARTY UNDER SECTION 24-4-104, C.R.S., OF THE COLORADO 32 ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION. 33 (i) IF THE DEPARTMENT DOES NOT ADOPT REGULATIONS REQUIRED BY 34 PARAGRAPH (a), AN APPLICANT MAY SUBMIT AN APPLICATION DIRECTLY TO A 35 LOCALITY AFTER OCTOBER I, 2013 AND THE LOCALITY MAY ISSUE AN ANNUAL 36 LICENSE TO THE APPLICANT. A LOCALITY ISSUING A LICENSE TO AN APPLICANT 37 SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION UNLESS IT 38 FINDS AND NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE 10 I WITH ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN 2 EFFECT AT THE TIME OF APPLICATION AND SHALL NOTIFY THE DEPARTMENT IF AN 3 ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. A LICENSE ISSUED BY A 4 LOCALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE 5 AND EFFECT AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH 6 PARAGRAPH (g) AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO 7 REGULATION OR ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT 8 LICENSE. A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS 9 PARAGRAPH ON AN ANNUAL BASIS IF THE DEPARTMENT HAS NOT ADOPTED I 0 REGULATIONS REQUIRED BY PARAGRAPH (a) AT LEAST NINETY DAYS PRIOR TO THE II DATE UPON WHICH SUCH SUBSEQUENT OR RENEWED LICENSE WOULD BE EFFECTIVE 12 OR IF THE DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH 13 (a) BUT HAS NOT, AT LEAST NINETY DAYS AFTER THE ADOPTION OF SUCH 14 REGULATIONS, ISSUED LICENSES PURSUANT TO PARAGRAPH (g). I 5 (j) NOT LATER THAN JULY I, 2014, THE GENERAL ASSEMBLY SHALL ENACT 16 LEGISLATION GOVERNING THE CULTIVATION, PROCESSING AND SALE OF 17 INDUSTRIAL HEMP. 18 (6) Eatployers, drlvlna, minors and control of property. 19 (a) NOTHING IN THIS SECTION IS INTENDED TO REQUIRE AN EMPLOYER TO 20 PERMIT OR ACCOMMODATE THE USE, CONSUMPTION, POSSESSION, TRANSFER, 21 DISPLAY, TRANSPORTATION, SALE OR GROWING OF MARIJUANA IN THE WORKPLACE 22 OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE POLICIES RESTRICTING THE 23 USE OF MARIJUANA BY EMPLOYEES. 24 (b) NOTHING IN THIS SECTION IS INTENDED TO ALLOW DRIVING UNDER THE 25 INFLUENCE OF MARUUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA OR TO 26 SUPERSEDE STATUTORY LAWS RELATED TO DRIVING UNDER THE INFLUENCE OF 27 MARUUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA, NOR SHALL THIS SECTION 28 PREVENT THE STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING 29 UNDER THE INFLUENCE OF OR WHILE IMPAIRED BY MARIJUANA. 30 (c) NOTHING IN THIS SECTION IS INTENDED TO PERMIT THE TRANSFER OF 31 MARUUANA, WITH OR WITHOUT REMUNERATION, TO A PERSON UNDER THE AGE OF 32 TWENTY-ONE OR TO ALLOW A PERSON UNDER THE AGE OF TWENTY-ONE TO 33 PURCHASE, POSSESS, USE, TRANSPORT, GROW, OR CONSUME MARUUANA. 34 (d) NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, EMPLOYER, 35 SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION OR ANY OTHER ENTITY II 1 WHO OCCUPIES, OWNS OR CONTROLS A PROPERTY FROM PROHIBITING OR 2 OTHERWISE REGULATING THE POSSESSION, CONSUMPTION, USE, DISPLAY, 3 TRANSFER, DISTRIBUTION, SALE, TRANSPORTATION, OR GROWING OF MARIJUANA 4 ON OR IN THAT PROPERTY. 5 (7) Medical marijuana provisions unaffected. NOTHING IN THIS SECTION SHALL 6 BE CONSTRUED: 7 (a) TO LIMIT ANY PRJVILEGES OR RIGHTS OF A MEDICAL MARIJUANA 8 PATIENT, PRIMARY CAREGIVER, OR LICENSED ENTITY AS PROVIDED IN SECTION 14 9 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE; 10 (b) TO PERMIT A MEDICAL MARIJUANA CENTER TO DISTRIBUTE MARIJUANA 11 TO A PERSON WHO IS NOT A MEDICAL MARIJUANA PATIENT; 12 (c) TO PERMIT A MEDICAL MARIJUANA CENTER TO PURCHASE MARIJUANA 13 OR MARIJUANA PRODUCTS IN A MANNER OR FROM A SOURCE NOT AUTHORIZED 14 UNDER THE COLORADO MEDICAL MARIJUANA CODE; 15 (d) TO PERMIT ANY MEDICAL MARIJUANA CENTER LICENSED PURSUANT TO 16 SECTION 14 OF THIS ARTICLE ANDTHECOLORADOMEDICALMARIJUANA CODE TO 17 OPERATE ON THE SAME PREMISES AS A RETAIL MARIJUANA STORE; OR 18 (e) TO DISCHARGE THE DEPARTMENT, THE COLORADO BOARD OF HEALTH, 19 OR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FROM 20 THEIR STATUTORY AND CONSTITUTIONAL DUTIES TO REGULATE MEDICAL 21 MARIJUANA PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO 22 MEDICAL MARIJUANA CODE. 23 (8) Self-executing, severability, conflicting provisions. ALL PROVISIONS OF 24 THIS SECTION ARE SELF-EXECUTING EXCEPT AS SPECIFIED HEREIN, ARE SEVERABLE, 25 AND, EXCEPT WHERE OTHERWISE INDICATED IN THE TEXT, SHALL SUPERSEDE 26 CONFLICTING STATE STATUTORY, LOCAL CHARTER, ORDINANCE, OR RESOLUTION, 27 AND OTHER STATE AND LOCAL PROVISIONS. 28 (9) Effective date. UNLESS OTHERWISE PROVIDED BY THIS SECTION, ALL 29 PROVISIONS OF THIS SECTION SHALL BECOME EFFECTIVE UPON OFFICIAL 30 DECLARATION OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR, 31 PURSUANT TO SECTION 1 (4) OF ARTICLE V. 12 To: From: Date: Subject: THE VOICE OF COLORADO'S CITIES AND TOWNS 1144 Sherman Street, Denver, CO 80203 • (p) 303-831-6411 /866-578-0936 • (f) 303-860-8175 • www.cml.org CML Membership Rachel Allen, CML Staff Attorney Kevin Bommer, CML Deputy Director November 7, 2012 Amendment 64 -Use and Regulation of Marijuana Passes Colorado voters approve marijuana for consumers at least 21 years old On November 6, 2012, Colorado voters passed Amendment 64 to Use and Regulation of Marijuana . Amendment 64 provides for persons 21-years-of-age or older to legally consume or possess 1 ounce or less of marijuana without a doctor's recommendation and tax marijuana similar to alcohol. Amendment 64 also creates the framework for a regulatory scheme for retail sales of marijuana. This memo addresses issues of immediate consideration for Colorado's cities and towns. CML will continue to monitor and report on emerging issues and developments, such as workplace issues, rulemaking, and implementation. Please consult with your municipal attorney to address retail marijuana operations in your municipality . Marijuana retail sales and home grows Unless specifically prohibited (see below), special retail stores will be allowed to sell marijuana in a system of licensed establishments regulated the by state and local governments. Amendment 64 also allows for people to grow up to six marijuana plants in their home or other enclosed, locked space. However, it is not clear at this time how this constitutional protection will interact with local land use powers, particularly any ordinances pertaining to home grows. Amendment 64 does not change existing medical marijuana laws Retail operations may be licensed as a medical marijuana center or retail marijuana establishment, not both. Medical marijuana centers choosing to convert to a retail marijuana operation will pay a reduced fee for the marijuana application, but otherwise, Amendment 64 has no impact on the existing medical marijuana regulatory scheme. Local governments may choose to prohibit or license retail marijuana or medical marijuana operations. How your municipality has addressed medical marijuana does not dictate how your municipality will or should address retail marijuana establishments . Timeline for local prohibition or regulation Amendment 64 tasks the Colorado Department of Revenue with issuing regulations for retail marijuana stores by July 1, 2013. Municipalities should opt whether to adopt 1) a prohibition or 2) local restrictions on the time, place, manner and number of retail marijuana operations in their jurisdiction before July 1, 2013 . Local governments may prohibit by council action at any time, but the first opportunity to refer a retail marijuana prohibition question to the ballot is the general election on November 4, 2014 . Some municipalities may choose to issue a prohibition, moratorium, or regulations until the voters have the opportunity to be heard at the next general election. Attachment 3 Local licenses may be issued October 1 , 2013 In the event that the Colorado Department of Revenue does not issue regulations by July 1, 2013 , then cities and towns may choose to issue local licenses starting on October 1, 2013, but there is no requirement for local governments to issue retail marijuana licenses in the absence of a state licensing program . CML will keep you informed The League will monitor the Colorado Department of Revenue progress and keep municipalities abreast of developments. This is critical because if the Department of Revenue doesn't issue licenses by July 1, 2013, then municipalities that opt to issue local license will have 90 days to enact a regulation, licensing , and enforcement program . CML will also keep our members informed on employee-employer issues, as it relates to the use and possession of marijuana in the workplace. Finally , CML will investigate and report on the complex federal issues that are likely to arise as Amendment 64 is implemented in Colorado . Marijuana continues to be illegal under federal law, and it is possible that a lawsuit challenging the legality of Amendment 64 is forthcoming . That would set up a dynamic discussion of the 1 01 h Amendment and the extent of state sovereignty on this issue. For additional information, please go to www.cml.org , call (303) 831-6411 I (866) 578-0936 toll free or contact: • Rachel Allen, CML staff attorney -rallen@cml.org • Kevin Bommer, CML Deputy Director-kbommer@cml.org ,.~j~ ... A ..-City of • ?WheatRi_dge ITEM NO: to. DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 03-2013 A RESOLUTION APPROVING A SMOKE-FREE POLICY IN ALL PARKS, PLAYGROUNDS AND OPEN SPACE WITHIN THE CITY OF WHEAT RIDGE 0 PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING The Parks and Recreation Commission recommended to City Council that a new park rule be implemented to disallow smoking in all parks, playgrounds and open space within the City of Wheat Ridge and that this rule/policy be adopted by resolution. The rule is not intended to be formally enforced or added to the Code of Laws of the City. PRIOR ACTION: The Parks and Recreation Commission, at their August 15, 2012, meeting, voted by majority to recommend to City Council the adoption of this rule/policy. The resolution was presented to City Council for consideration at the September 15, 2012, City Council meeting during public comment by Guy Nahmiach, Parks and Recreation Commission Chairman. Consensus was reached at the November 19, 2012, study session to place the resolution on a future City Council meeting agenda for consideration of formal adoption. FINANCIAL IMPACT: The financial impact of this item is the purchase and installation of signage at playgrounds, parks and open space. The total projected impact to the City is approximately $1,000. CAF-No Smoking Resolution January 14, 2013 Page 2 BACKGROUND: Breathe Easy Wheat Ridge presented to the Parks and Recreation Commission a request to support and recommend to City Council a resolution regarding the implementation of an ordinance to prohibit smoking in all parks, playgrounds and open space in Wheat Ridge. Breathe Easy is a coalition of Wheat Ridge residents, organizations and businesses working at a grassroots level to reduce public exposure to secondhand smoke and decrease youth tobacco use. The presentation included the many impacts of secondhand smoke to park users as well as the impact oflitter from improperly discarded cigarette butts. The Colorado Clean Indoor Air Act of 2006 made many places smoke free to protect residents, workers, and visitors from the poisonous and cancer-causing chemicals in tobacco smoke. However, the law did not include all indoor and outdoor areas where youth and adults work and recreate. According to the U.S. Surgeon General there is no safe level of exposure to tobacco smoke. The Park and Recreation Commission recommended to City Council that the smoke free initiative be adopted by resolution only and not as an ordinance. The Animal Welfare and Control Commission discussed presenting a resolution at their regular meeting on November 20, 2012. There was a consensus of those present at the meeting to prepare the resolution with the content as discussed. There was also a consensus to present the resolution as an infonnational item for the City Council to be aware and note the adverse effects upon pets in the future. The resolution prepared by the Animal Welfare Commission is attached as an informational item only and is not being presented for adoption by Council. RECOMMENDATIONS: Staff recommends approval ofthe resolution adopting a smoke-free policy in all parks, playgrounds and open space. RECOMMENDED MOTION: "I move to approve Resolution No. 03-2013, a resolution approving a smoke-free policy in all parks, playgrounds and open space within the City ofWheat Ridge." Or, "I move to postpone indefinitely Resolution No. 03-2013, a resolution approving a smoke-free policy in all parks, playgrounds and open space within the City of Wheat Ridge for the following reason( s) " REPORT PREPARED AND REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: I) Resolution No. 03-2013 2) lnfonnational Resolution prepared by the Animal Welfare Commission CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 03 Series of 2013 TITLE: A RESOLUTION APPROVING A SMOKE-FREE POLICY IN ALL PARKS, PLAYGROUNDS AND OPEN SPACE WITHIN THE CITY OF WHEAT RIDGE WHEREAS, tobacco use is the number one preventable cause of death, and; WHEREAS, in a recent cigarette litter pick up at Crown Hill, youth found more than 3,000 discarded cigarette butts, and; WHEREAS, the U.S. Surgeon General states there is no safe level of exposure to tobacco smoke, and; WHEREAS, almost 90% of adult smokers begin before the age of 18, and; WHEREAS, to help provide a role model of non-smoking behavior to children and youth; to provide adults, children, youth and their families with a safe, smoke-free environment, and; WHEREAS, discarded cigarettes can be toxic to animals and children if ingested , can present a serious fire hazard, and are the most littered item in the world, not biodegradable, and take years to break down, and; WHEREAS, smoke-free parks, playgrounds and open space promote healthy, tobacco-free living, and; WHEREAS, smoke-free parks and playgrounds are a growing national trend with more than 600 communities in the U.S. having smoke-free parks, and; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: ALL PARKS, PLAYGROUNDS AND OPEN SPACE WITHIN THE CITY OF WHEAT RIDGE SHALL BE SMOKE FREE. DONE AND RESOLVED this 141h day of January, 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 Proposed Wheat Ridge Animal Commlnlon Resolution related to Smoke-Free Parb November 2012 WHEREAS, Secretary Sebahus of the U S Department of Health and Human Services has said, "There IS no risk-free level of exposure to tobacco smoke, and there is no safe tobacco produd", and; WHEREAS. smoking and secondhand smoke IS hazardous to the health of adults. children and pets, and is the leading cause of preventable death with even brief exposure and exposure in outdoor settings being nsks to heahh, and; WHEREAS, "Tobacco smoke contains numerous cancer-causing compounds, making rt hazardous for animals as well as humans, with exposure to secondhand smoke causing many of the same harmful Inflammatory changes in the airways and lungs of pets as their human counterparts, potentially leading to various diseases and preventable death, and, WHEREAS. animals exposed to secondhand smoke experience the settling of secondhand smoke into fur and feathers, then ingest the tox1c chemicals through grooming and licking behaviors. resulting in the risk of various cancers including malignant lymphoma. nasal and lung cancer, and; WHEREAS, cigarettes. cigars and other tobacco products are harmful to pets who may consume them and their littered remnants. with one to five cigarettes being the minimum lethal dose reported in dogs and cats, and, WHEREAS, studies show that cigarette and tobacco-related waste meets standardized tests for city and state agencies to label a substance as toxic waste. Tobacco litter is a hazardous material which persists in the environment for some time, results in bioaccumulation in and accidental ingestion by aquatic creatures. wildlife. pets, and small children, who suffer serious health problems. even death, as a result, and, • . -WHEREAS, tobacco-related litter is among the most littered waste product in the US, with cigarette butts, alone, comprising an estimated 2>-50 percent of all collected litter items from roads and streets; and because agarette butts contain all the carcinogenic chemicals. pesticides, and nicotine that make tobacco use the leading cause of preventable death worldwide, yet they are commonly littered by the trillions (estimated 5.6 trillion) into the global environment each year. and; WHEREAS, it is within the authority of the Wheat Ridge City Council to protect the health and safety of the residents of and visitors to the city of Wheat Ridge by implementing policies, ordinances, and educational efforts which take appropriate action to reduce known threats to community health and safety; THEREFORE, because the 'Mleat Ridge Animal Commission supports a healthier city for all animals and people, be rt resolved that the Wheat Ridge Animal CommiSSion recom mends that the Wheat Ridge City Council: Advocate for 100% smoke-free dog parks, parks, playgrounds and open spaces within the city of Wheat Ridge to protect the health of children, adults and animals Actively support educational efforts to reduce the use of tobacco and the presence of tobacco-related litter in all parks within the city of Wheat Ridge Provide or allow informational signage to be posted and maintained within all of these areas Sources -Richmond. M., "Secondhand smoke and your pets" Journeyworks publishing (2006) -U.S. Surgeon Genera l: How Toba cco Smoke Causes Disease (2010) -Tobacco Free New York ,Tobacco Free Outdoors Campaign; www.tobaccofreenys org (2 0 12) -American Society for the Prevention of Cruelty to Animals; www asQca or.g -Klepeis, et al "Real-Time Measurement of Outdoor Tobacco Smoke Partides," Journal of the -Air and Waste Management Association (2007) -Heatton. C., et al. Butt really? "The environmentalmpact of cigarettes" Tobacco Control (2011) Attachment 2 ~~A~ ... ~ r City of • JP'WlieatRt_dge ITEM NO:~ DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFQ-JN-12-35 TO DHM DESIGN OF DENVER, CO. IN THE AMOUNT OF $89,730 FOR THE PURPOSE OF PREPARING THE DESIGN AND CONSTRUCTION DOCUMENTS FOR THE PARK AT 44™ AND KENDALL D PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES City Manager The need for a neighborhood park in Council District II was docwnented in the Parks and Recreation Master Plan of 1992 and again identified as an underserved area in the adopted 2006 Parks and Recreation Master Plan. Land parcels were purchased and land banked in 1998 and 2002 respectively for the purpose of developing a park in this area to meet this need as outlined in the Master Plan. This site is located on the north side of 44th A venue at approximately Kendall Street. The scope of this contract includes design development, preparation of construction docwnents, bidding and bid analysis services. This contract award includes the services of the following vendors ; 1) OHM Design 2) J.R. Engineering Civil Engineering and survey services 3) San Engineering, Structural Engineering 4) JCAA, Electrical Engineer 5) IDC Irrigation Consultants 6) Ground Engineering Consultants, geotechnical and soils testing Council Action Fonn January 14 ,2013 Page 2 .. PRIOR ACTION: The design and construction of the 44th and Kendall neighborhood park project was approved as part of the 2013 budget in the Open Space Fund and the Conservation Trust Fund. A resolution for the submittal of the 2013 Jefferson County Joint Venture Grant for the 44th and Kendall neighborhood park was approved by City Council at the October 24, 2012 meeting. FINANCIAL IMPACT: The estimated budget for this park project is $900,000 which includes design, construction document preparation fees, construction observation and any required utility fees. A Joint Venture Grant has been submitted to Jefferson County Open Space in the amount of $211,000 for this project. It is anticipated that this grant request will be funded. Funds are appropriated in the Conservation Trust Fund and Open Space Fund. By legislation , funds from these two special funds may only be used for Park and Recreation purposes. The revenue from the lottery and the Y2 cent county open space tax are the source of the funds respectively for these two special funds . BACKGROUND: The need for a neighborhood park in District II was documented in the Parks and Recreation Master Plan of 1992 and again identified as an underserved area in the adopted 2006 Parks and Recreation Master Plan. The City acquired a two-acre site located at 44th and Kendall with City attributable share funds in 1998 . A contiguous parcel of .5 acres was acquired in 2002 with I 00% Jefferson County Open Space bond funds. Amenities to be included in the neighborhood park, depending on final design and neighborhood input, include a walking trail, multi-purpose playfield, playground and play features, picnic shelter, restroom shelter and parking lot. Seventeen finns responded to the qualifications based solicitation, RFQ-JN-12-35 Park Design-44th and Kendall, in mid-November. After thorough consideration of the submittals six firms were invited for interviews and presentations. OHM Design, with their technical sub-consultant team, received the highest ranking by the group of evaluators and was asked to prepare a detailed fee proposal for the identified scope of services (see attached fee proposal). Validation by references also supports the vendor selection for this project. RECOMMENDATIONS: Staff recommends award of this contract for the park design and construction documents for 44th and Kendall Park. Council Action Form January 14,2013 Page 3 RECOMMENDED MOTION: "I move to award RFQ-JN-12-35 to OHM Design, Denver, CO, in the amount of$89,730 for the purpose of preparing the design and construction documents for the park at 44th and Kendall." Or, "I move to deny award of RFQ-JN-12-35 to OHM Design of Denver, CO, in the amount of $89,730 for the purpose of preparing the design and construction documents for the park at 44th and Kendall for the following reason(s) " REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Jennifer Nellis, Purchasing Agent ATTACHMENTS: 1 . Fee Proposal 2. Qualifications Tab Sheet City of Wheat Ridge Neighborhood Pari<-44th & Kendall (R~JN-12-35) Work Pan and Professional Fees ......,.....,.,, DHM Dellgn ~19,2012 Landscape Architectural Serv1ces 1 ~ TASK Overall Schedule of Scope Taslt 1: Klck-ol'l MNilng & o.ta Collection Taslt 2: ~ EstabUsh G011l1 & Programmlnt Taslt 3: AllerNICiw Plans Taslt 4: ..__Plan Taslt 1: Design Dlwlop-Dnwlngs Taslt 1: CoMtructlon Documenta Tuk 7: Bidding Task 1 Kock oH Meetong & Data Collectoon 1. OHM will attend an Initial coonlination n.eting to diacusa detail scope of WOI1I. ~. prt1jecl goals end to review q existing site amenitin or c:onstrllints. OHM WOUd alao like to meet on-1111 with City s1811 10 become rmre fwnlllar with the propeny end get nm-MncS 1n1onn1111on from the dient. 2. OHM shall have aliteiUMiy ~ by JR Engl~ Including eldlting topognlphy and utiHty 10c81as. Landscape Architect-OHM Oc~•gn Prlndpal $130 .. $520 Associate $85 10 $850 Pro. LA $65 12 $780 Administrative $70 so expenses $230 $2,310 C1v11 Engmcer & Survcymg " JR Engmeenng _ _ 4. With the uae of the ~ base map, OHM shall prepa-e a lite analysis plan lclenllfylng opportunities and ccnatraints for the site and 1 conceptual lite plan. This plan shall be used for mtew. presa11811on ano:1 matar plan lldopllon. 4. OHM shall have a Geotedlnical repon Pf(Mded lndudlld (4) lila borings. Qt!lymbtes; Site IUMiy Including ~Y end utility IOc:atn. Geot~ Report· 1 Copy ~ (1) Initial Coordination Meeting with the City of ""'-! Ridge Partca & Rec:t88tion 51811 Level 1 EnginMr $130 2 Lowel 2 Engineer $110 3 Level 3 EnginMr $100 19 Field SL6veying $100 16 expenses Geotechntcal Report -Ground Engoneenng Level 1 Engl..-$100 32 , ....... --- Task 2 Vosoon Establosto Goals & Prograononong 1. OHM shall J"P8AI (3) cl8grarrr'natic drawing~ UNCI to halp generate Clitcuaalon Ill the ~c Meeting 11. Th8le drawings will ccnlist of bubble diagrama to halp demonllrllle apatial All8tionshipl. 2. OHM shall generate an kNttaCion I~ for the City of WMat Rlclga uae for Ptdc Meeting 11 . S. OHM shall pnip8l'8 a dadlcated wablite for the par1t lite In ~ to halp with the ~lc proceN. Thll Wllbllt. will halp with PfM*IIJng dnlwl"91 prior to ~lc n.etinga to help gensra Cliacuulon ano:l COIIIIU1Ity lnvcl--.1. 4. OHM willleed (1) p!.t)llc meeting for the par1t site 10 seek w COIIIII'Ullty inpi.C ano:l deli!M for their neighborhood par1t. OHM WOUd be avail-to n.a on-alt. or another location prior to lha Ptmlic Meeting 11 ( .... day). I. In C01..,a1on with the ~lc IMitllng proc:ass, OHM shall coiled inpi.C from City staff and incolporllte all reQ1M11a ano:1 8ddrns all cono:ems Into the oonc:ept plans. Qellymblu: (1) lnvi..UOO TltfT1)Iate for City Ute-PDF Format (3) Oiagranmatic clrawlnga for Public Meeting 11 diecusalon -PDF Format (1) Oedicatad wablita for the projad .!d!!llllui (1) Ptmllc Meeting 11 prea811811on to seek wCOIIVI'U1IIy ~end dellras. Landscape Architect ._QHM Oes1gn _ Pr1ndpal $130 Associate $65 Pro. LA Admlnlstretlve $70 Expenses lluiiiDIIII Attachment 1 12 16 20 $260 $330 $1,900 $1 ,600 $750 ....MO $3.200 I1!,4ZOI $1,560 $1 ,360 $1 ,300 so $540 .... 710 !4.7101 Task 3 Alternative Plans 1. OHM shall prepare (3) conceptual line drawing cleslgrw that represent the goals, desires and programs discussed M the flnst Public Meeting t1 . 2. OHM shall provide a preliminary Opinion elf Estimated Costs (cost astimlle) for each concept design for review by City stat!. 3. OHM will lead (1) pl.t>lic INSing (Public Meeting 12) for the per1c lite to review the initial conceplu8l designs nl Mek out COIRTUiity feedbeCk for !hair neighborhoOd patk. Dtllll!!rlblet; (3) Conceptual 1\ard."ne c1rwn site plans • PDF Format (3) Aaaoci8tecl Opinion elf Estimated Costs~ for each concept· PDF Format .!dlllllllll;. (1) Presentation elf (3) concept plans a1 the Public Meeting t:2 Task 4 Master Plan 1. After addressing all needs by the pl.t>lic from the previous two Public Meetings, OHM shall ~ a final color Master Pllll'l render1ng to the Partts & Recreation Conwnssion and the CUtural Conwftsaion . 2. OHM shall pnt88l1l the final Master Plan to the City elf Wheat Ridge City Council S. OHM shall presenl the final Master Plan to the pl.t>lic at the ftnal Public Meeting 1113 .c. Once the presenttltion process has concluded, OHM shall make any ~red modifications as necessary lo the Master Plan prior to the start of the Design Development process (50% Bid Oocunants). Dtllnctbln; (1) Final Master Plan color render1ng ·PDF Format (1) Final updalecl Master Plan color render1ng. PDF Format (if needecl) Mtltllllll; (1) Presentatlon of the ftnal Master Plan to Pllllc. Rec & Culture Board (1) Presentatlon of the ftnal Master Plan to City Cooocil (1) Presentation of the ftnal Master Plan at Public Meeting 1113 Task 5 Des1gn Development Drawmgs 1. OHM shall prepare Oaaign Oe ... oprnenl plans (approximately 50% design le ... ) with the conclusion of the M-Plaming design phase. z. With the approval of all revisions to the Design ~cpnant plans, OHM shall update the cost estimate to reflect the final Design Development plans prior to proceeding to final ConatlUCilon OoaJmanta. Sheets Prollidecl: -eo-Sheet ·Existing Conclitions and Demolition Plans -Site Layout & Matanais Plans • Layout Enlargement Plans • Site Grading Plana • Landscape Plans • Irrigation Plana ·Site Details • Erosion Conerol/ SWMP Plana • SchematJc Lightlng Plana (if necessary) -Possible Utility Plans De!!nctbl!t; OHM will provide 50% plan sets lor review by the City of Wheat Ridge • 3 Sets & PDF OHM will provide an updalecl cost estimate reflecting the 50% design level • 3 Copiaa & PDF • (Additional plan sets would be bitiecl at direct OHM costs) ~ (1) Design Development Review Team Meeting Landscape Architect · OHM De•lgn · • ~ Princi pal $130 12 $1,560 $85 30 $2,550 Pro. LA $85 38 $2,-470 S70 so $560 S7,140 I subtotal s1 .1.co I L~ndscape Architect • OHM Design . ·' r .. , tl Princi pal $130 14 $1,820 AaiOCiMe $85 38 $3,230 Pro. LA $85 32 $2,080 Actrintllr8tive $70 so expenses $630 $7,710 C1vol Engineer & Surveying. JR Engoneenng ; Level 1 Engineer $130 7 $91 0 La ... 2 Eng!neer $110 20 $2,200 L...,.. 3 Engineer $100 16 $1,600 Field Surveying $100 0 so so S.C,710 I Subtotal s12,.c1o I Landscape Architect· OHM Design Principal $1 30 16 $2,060 Aasodalt $85 .co $3,-400 Pro. LA $85 88 $5,720 Admlnlatraliva $70 so ElcpenMI $700 S11,to0 Civil Engoneer & Surveying· JR Engineering 't Level 1 EnginMr $130 7.5 $975 Laval 2 Engineer $110 16.5 $1 ,815 Level 3 Engineer $100 51 $5,700 Field SI!VtYing $100 0 so Expenaea so """ Structural Engineer · San Engoneering $125 5 $625 SIZI imgalion Consultant -IDC I $75 30 S2,ZIO Eiectrocal Engineer · JCAA -j $100 16 $1 ,600 $1,800 ISubtotll $2-4,8651 Task 6 Constructoon Documents 1. With the concluSIOn of the Design Development phue. OHM shall begin the pNp8l8tiOn of the final Construction Documents and specfficallona for lite 1~. 2. OHM shall slAlom a plan review aet rA documents at the 95'Mo 181/el of ~ellon, for City stall review. 3. OHM Shall make any reqlired moc:lficationa as nec81181Y to the 95'M. level Construction documents prtor to the ftnal subnlttal of the 1 ()()% level of OOI'I'flletion ptens and apecltiCIIlons. 4. This p!'OPCIMI assumes a restroom enclosure would be deSigned, not a plumbed restroom with water and ll8llitary service. S'-ls Provided: -eo-St.! -Exllllfng Concltiona and Demolition Plana -Site Layout & Matel1ala Plans -Layout Entargemenl Plans -Site Gnldlng Plans -t..andlcape Plans • Irrigation Plans -Site Details -Erosion Control/ SWMP Plans • Schemllic Ughting Plans (II neceaaary) -PoSSible Utility Plans !)ellyertblg; OHM will provide 95'Mo OOI'I'fllele Bid Documents· 3 Sata & PDF OHM will provide 100% OOI'I'flleta Bid Documents -3 Seta & PDF -(AddiUonal plan sets would be billed at direcl OHM coats) Task 7 . Boddong 1. OHM will be available to aSSist In the bidding process lnduellng 8118nding the pre-bid ..-Jng and answering queauons. 2. It is our unders-ng that cons1nJction aarvicas are under a separate conlracl to be negociated following preparation of the construction drawings . .M!!!IlUI.!; (1) Pre-bid Meeting Total Design Fee: Landscape Architect -OHM Design • _ • •.• Principal $130 18 $2,340 Associate $85 58 $4,930 Pro. LA $65 100 $6,500 Administrative $70 so Expenses $510 $14,280 Civil Engineer & Surveyong·. JR Engoneerlng ---•. Level 1 Engineer $130 7.5 $975 Level 2 Engineer $110 16.5 $1 ,815 Level 3 Engineer $100 57 $5,700 Field Surveying $100 0 so Expenses $450 SI,INO Structural Engmeer-San Engmeenng $126 $626 lrrlgahon Consultant • IDC $75 30 $2,2!i0 $2,210 Electncal Engmeer-JCAA $100 16 $1,600 51,100 lsubtollll $27,1151 Landscape Architect -OHM Design Princ;ipal $130 6 $780 $85 14 $1,190 Pro. LA so $70 so $410 lsubtot•l s2 ,380 I $89,730 PROJECT: RFQ-JN-12-35 PARK DESIGN ·44th AND KENDALL DUE DATE/TIME: WEDNESDAY, NOVEMBER 7, 2012 BY 4 P.M. LOCAL TIME VENDOR Architerra Group Britlna Design Group LOCATION Uttleton, co Arvada, CO PROPOSER INFORMATION FORM YES YES ACKNOWLEDGEMENT OF ADDENDUM (1) YES YES COVER lETTER YES YES EXPERIENCE YES YES QUALIFICATIONS YES YES PROJECT APPROACH YES YES EVIDENCE OF INSURANCE COMMITMENT YES YES CURRENT WORKLOAD AND lOCATION YES YES ILLEGAL AliEN COMPLIANCE YES YES VENDOR DHMDesign Landmark En&lneerln& LOCATION Denver, CO Loveland, co PROPOSER INFORMATION FORM YES YES ACKNOWLEDGEMENT OF ADDENDUM (1) YES YES COVER lEITER YES YES EXPERIENCE YES YES QUALIFICATIONS YES YES PROJECT APPROACH YES YES EVIDENCE OF INSURANCE COMMITMENT YES YES CURRENT WORKLOAD AND lOCATION YES YES ILLEGAL AliEN COMPLIANCE YES YES REQUESTED BY: JOYCE MANWARING, PARKS AND RECREAnON j1[\ OPENED BY: JENNIFER NEWS, PURCHASING AGE~' ' 'WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN{iff\ Chroma Desi&n Desi&n Collaborative, Inc. Design Concepts Boulder, CO Colorado Springs, CO Lafayette, CO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES MIG/Winston Mundus Bishop Norris Design Boulder, CO Denver, CO Denver, CO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES Not Referenced YES YES YES YES YES YES YES YES Attachment 2 PROJECT: RFQ-JN-12-35 PARK DESIGN -44th AND KENDALL DUE DATE/TIME: WEDNESDAY, NOVEMBER 7, 2012 BY 4 P.M. LOCAL TIME Robert Peccia & VENDOR Associates Stanley COnsultants, Inc. LOCATION Fort Collins, co CenteMial, CO PROPOSER INFORMATION FORM YES YES ACKNOWLEDGEMENT OF ADDENDUM (1) YES YES COVER LETTER NO YES EXPERIENCE YES YES QUALIFICATIONS YES YES PROJECT APPROACH YES YES EVIDENCE OF INSURANCE COMMITMENT YES YES CURRENT WORKLOAD AND LOCATION YES YES ILLEGAL ALIEN COMPLIANCE YES YES VENDOR Valerian Wenk Associates LOCATION Denver, CO Denver, CO ~ PROPOSER INFORMATION FORM YES YES ACKNOWLEDGEMENT OF ADDENDUM (1) YES YES COVER LETTER YES YES EXPERIENCE YES YES QUALIFICATIONS YES YES PROJECT APPROACH YES YES EVIDENCE OF INSURANCE COMMITMENT YES YES CURRENT WORKLOAD AND LOCATION YES YES ILLEGAL ALIEN COMPLIANCE YES YES P•2o/2 .. REQUESTED BY: JOYCE MANWARING, PARKS AND RECREATION OPENED BY: JENNIFER NEWS, PURCHASING AGENT WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN StudioBridge StudioCPG Urban Play Studio Denver, CO Denver, CO Boulder, co YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES .. ~~~ ~ J ~ City of • JP'WheatRi___dge ITEM NO:~ DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION APPROVING PAYMENT IN THE AMOUNT OF $215,500 TO WR2020 FOR THE PURPOSE OF FUNDING A REVOLVING LOAN PROGRAM FOR THE BUILDING UP BUSINESS AND HOME IMPROVEMENT LOAN PROGRAMS AND OTHER COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS 0 PUBLIC HEARING [g) BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES [g) NO 12~ ISSUE: Request from WR2020 for the City's annual contribution to the Revolving Loan Program for the Building Up Business and Home Improvement Loan Programs and other community and economic development programs. PRIOR ACTION: City Council approved this funding in the 2013 Budget. BACKGROUND: As outlined in the attached letter from WR2020, $215,500 is requested to support the following programming: • $150,000 to support the Home Investment Loan Program (HIP) and Buil ding Up Business Loan (BUBL) Program. These low-interest loan programs help incent homeowners and business owners to make improvements to their properties. They ask for flexibility to move the money between HIP and BU BL based on applications. WR2020 will utilize 6 percent for program administration. A balance of $11,141.54 currently exists in this revolving loan fund. Council Action Fonn-WR2020 Payment Request January 14,2013 P.age 2 • $20,000 to support Live Local Wheat Ridge. Live Local Wheat Ridge is a series of social events at Wheat Ridge businesses to help residents live locally and support local restaurants and businesses. • $20,000 for East Wheat Ridge Revitalization Project. A matching grant program to revitalize east Wheat Ridge neighborhoods through painting, landscaping, tree trimming and other deferred maintenance. • $19,500 neighborhood dumpster days, block parties and community education. • $6,000 to administer the Community Development Block Grant Energy Efficiency Program. $157,000 in grants for income qualified households to make energy efficient upgrades including windows, attic insulation, roofs and gutters. FINANCIAL IMPACT: These funds were budgeted and approved by City Council in the 2013 Budget. RECOMMENDATIONS: Approve the contribution to WR2020. RECOMMENDED MOTION: "I move to approve payment in the amount of $215,500 to WR2020 for the purpose of funding a revolving loan program for the Building Up Business and Home Improvement Loan Programs and other community and economic development programs." Or, "I move to deny payment in the amount of $215,500 to WR2020 for the purpose of funding a revolving loan program for the Building Up Business and Home Improvement Loan Pro!:,rrams and other community and economic development programs for the following reason(s) REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENTS: I. WR2020 Letter of Request, dated January 7, 2013 2. WR2020 Revolving Revitalization Loan Fund Balance ~DGE 020 Partners in a Vibrant Wh eat Rrdge MEMORANDUM TO: MAYOR, CITY COUNCIL CITY MANAGER fROM: BRITT A FISHER WHEAT RIDGE 2020 RE: REQYEST TO DRAW 2013 BUDGETED FUNDS jANUARY 7, 2013 Se,·eral \\'heat Ridge 2020 program funding requests were reflected in the 2013 budget apprm·ed by \\'heat Ridge City Council. At this time, \'\"heat Ridge 2020 would like to draw down the following funds: 5150,000 ReYoh-ing Loan Fund for Building l'p Businesss and Home Imprm·ement Loan Programs-In 2012, the Right Coast Pizza project at 7100 \\' 38rh Avenue was completed and has added a thri,·ing business to the corridor. In second quarter 2013, we expect the SL, Inc (Colorado Plus Liquid Artworks) major renovation project at 6995 \\"38th ;henue to complete and open a brewpub to Ridge at 38 . In early 2013 OR Too (Ornamental Beads) will be completing the fa~_;:ade work on their building at 5712 \\' 38rh A,·enuc. Please sec the attached report on the use of the revolving loan fund. SG5,500 \\'heat Ridge 2020 programs for community and economic de,·elopment These dollars would be used in delivering the following \\'heat Ridge 2020 programs in 2013: lj,·e Local \\"heat Ridge -local sponsorships will continue to be sought for defraying the supply costs of programs but those funds ha,·e not been able to conr the full costs of program deli,·en·. Dumpster Days and Neighborhood Block Party Grants-These small grant programs promote good neighboring and impro,·e the look and pride in our neighborhoods. Community Education -Educating the public on rc,·italization policies and equipping citizens \\;th planning and dcYelopment knowledge through our academy, direct communication and forums . P.O. BOX 1268 WHLAT RI DGL. CO 80034-1268 WWW.WHEATR I DGl2020.0RG PH : 720 259 1030 rAX: 303 940 9332 Attachment 1 .\dministration of the CDBG energy efficiency program-Prm·ides grants for income qualified households to make energy efficient upgrades including windows. attic insulation, roofs and gutters. The City will coYer a small portion of the program deliYet} costs not cowred by CDBC and Jefferson County is proYiding 5157.000 for the grant program. Targeted East \\'heat Ridge lmpron:ment Project-In partnership \\ith \\"heat Ridge Police Department. \\"heat Ridge 2020 will dclinr a pilot project for targeted neighborhood and property improwments as a next step in the East \\"heat Ridge Project. \\"heat Ridge 2020 agrees to report on the usc of these dollars and appear at City Council meetings for desired presentations . WHEAT RIOGE 2020 PAC.L2 WHEAT RIDGE 2020 REVOLVING REVITALIZATION LOAN FUND November 23, 2012 Designated $$ Restricted Loan Funds Address Loan Amount City ofWR $265,000.00 Wheat Ridge 2020 management fee (6%) $15,900.00 Molly Marie Properties (Compass Construction) 7020 West 38th Avenue $50,000.00 Tom Yang (Cebiche) 7000 West 38th Avenue $50,000.00 Right Coast Pizza Co. 7100 West 38th Avenue $50,000.00 O.R. Too (Ornamental Beads) 5712 West 38th Avenue $50,000.00 SL Inc (Colorado Plus Liquid Artworks) 6995 West 38th Avenue $50,000.00 TOTAL $265,900.00 Payments received (as of 11/19/12) $4,999.92 $2 ,916.62 $2,291.63 $1,833.37 $0 .00 $12,041.54 Remaining Balance to spend $265,000.00 $249,100.00 $204,099.92 $157,016.54 $109,308.17 $61,141.54 $11,141.54 $11,141.54 N .. c • E ~ u • = c ~~'~ .... 4 ~ City of • JP'WheatRi_dge ITEM NO: DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO DIRECT STAFF TO DRAFT AN ORDINANCE SETTING TERM LIMITS FOR BOARD AND COMMISSION MEMBERS 0 PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES ~ NO Should term limits be set for Board and Commission members? FINANCIAL IMPACT: None BACKGROUND: At the November 19, 2012 Study Session Council decided to discuss term limits for board and commission members at the December 17, 20 I 2 Study Session. A consensus was reached at that meeting to hold this discussion during the regular meeting on January 14, 2013. In an effort to assist Council the Deputy City Clerk researched and prepared the following documents: • The first attachment reflects the results of a survey conducted using the CML Clerkserv list and posing such questions as term lengths, term limits, etc. The survey includes data from the 14 towns and municipalities that replied. Cities varied in size from 250 citizens (Crestone) to 330,000 (Aurora). V: Fom1s\CAFtemplate Council Action Fonn January 14, 2013 Page 2 , ' • The second document is the makeup and years of service for our current Boards and Commissions. RECOMMENDATIONS: None RECOMMENDED MOTION: "I move to direct staff to draft an ordinance setting term limits for Board and Commission members." Or, "l move not to direct staff to draft an ordinance setting term limits for Board and Commission members for the following reason(s) " REPORT PREPARED/REVIEWED BY; Patrick Goff, City Manager ATTACHMENTS: l. Boards and Commissions Survey Data from Other Cities 2. Existing City of Wheat Ridge Board and Commission Years of Service and Term lengths Agency #of B & C's Arvada 14 Aurora 29 Berthoud 6 Commerce City 8 Crestone 2 Edgewater 6 Englewood 24 Ft. Collins 23 Ft. Morgan 8 Leadville 1 Lone Tree 7 Nederland 6 Snowmass Village 9 Thornton 10 Boards and Commissions Survey Compilation of data from various Colorado Towns/Cities Term Length (in Urban Renewal Authority Term years) Term Length Length Term Limits 3 5 City Council Yes 2-6(most3) City Council 5 Yes 3 N/A N/A Yes Varies City Council 5 No 3-6 N/A N/A No 3-5 5 N/A No 2-5 (most 3-4) 5 5 Yes 3-4 City Council 5 Yes 3-4 N/A N/A Yes 6 N/A N/A No 3 N/A N/A Yes 4 N/A N/A Yes 2-3 N/A N/A No 4 City Council N/A No How Many 12 Years 12 Years 2 terms N/A N/A N/A 3 terms (set by voters) 2 Terms 2 Terms N/A 2 Terms Not Stated N/A N/A 'I"' ... c ., E .c u ca ~ City of Wheat Ridge Years of Service Term Lengths for Board/Commission Positions As of December 10, 2012 Board/Commission 0-3 Years 4-6 Years 7-9 Years 10-12 Years 13+ Vacant Animal Welfare & Control Commission 3 2 0 2 1 0 Board of Adjustment 3 1 1 0 2 1 Building Code Advisory Board 1 1 1 1 1 0 Cultural Commission 6 1 2 0 0 0 Housing Authority 2 0 1 1 0 1 Liquor Licensing Authority 2 1 1 2 2 0 Parks & Recreation Commission 4 2 0 1 0 1 Planning 5 3 0 0 0 0 Renewal Wheat Ridge 2 4 0 0 1 0 Total Members 8 8 5 9 5 8 8 8 7 N .. c • E .c u ca .. c Boards and Commissions and Years of Service Prepared by the City Clerk's Office Compilatien of data from various Colorado Towns/Cities Term Lenrc h (In AgMCV ve.m) Term Limit_! HowManr ArviKia 3 f.-~~ ·~ 12 Yoars Aur~a 1 ·6 (mosl ii Ves 12 Yr.ars -Berthoud 3 '!!L_.. -2 1Nms Commerce Cilv VMies No Nj}. Crestone 3·6 No N /A .~ Edgewater 3 ·5 No N/A [n~lewood 2 • S(mosl 3-4) y~ 3 t trms {sel__tly_voters) Fl Colfms 3 ·• Y.s 2 Terms Ft. Morgan I 3·• Yes 2 Trrms Golden I 3-4 No Nl_A ~OOd I 3·4 Yes 2 Terms Ludvlll.e I 6 No NJ..A lone Tree I 3 Yes 2 TtNTI\ Ned.,-land 4 Yes Not Stated Sno ..,~ss V1bge 2·3 ..'!!! N{A Thornton 4 No N/A 1/24/201 3 1 ,_ Compilation of data from variaus Colorado Towns/Cities SUMMARY 16 Town 's/City's surveyed 9 have Term limits Five -2 term 's max imum (6-8 ye ars depending o n 8 /C) O ne-3 term 's m aximum (6 -15 ye ars dependi ng on 8 /C ) Two - 12 yea rs maximum Years of Service by Volunteers fo r entire Wheat Ridge History V...t>oiS.n~lr• • ol Mombtn S.N.cl ... 5& I lO& ~!•no_!1o~ • of Mo mboo l'> Sorv..t -~--· J 117 J I~ r' I • u I s 4& :.; i & .17 ' 1 JB , ' ;u '"' [! ' 1J t: i 10 tJ JJ -1_ u !I J: 0 11 ' •• 0 u & :M 0 l • • n D ·~ • .)6 I 16 l 17 I • u J 19 I I lO I 2 1/24/20 13 2 Years of Service by Volunteers for entire Wheat Ridge History SUMMARY <1 to 6 679 7 to 12 80 1-·- 13 to 20 27 20+ 14 City of Wheat Ridge Years of --- Service Per Board/Commission As of January 11, 2013 lloa•d/Ccmmnsoon 10·3~~ • ., •·6Yn,.. 7 •9 'f'WAr1 tO~U '111o11 U • V.ta!l( T<IUI *mbef1 IM!ma1 Well.,e C. Con!ral c.ommm.an I 3 I 2 0 , l 0 8 ~'II ol Ad,ll>ltnent I l 1 0 2 l • ~ CGCit AcMt«v IIGard I 1 1 l l 0 s p.;P.~~ Comtnilsron I .c 1 1 0 0 2 !I ~ ""l!lor,l1 -I l 0 1 I 0 1 5 ~ uc ens>na A«<hcr.l'l I 2 I J 2 2 0 a ~·h .. IlK<••·-eon-...-I .: l 0 I 0 1 I ,.._ I s 3 0 0 0 0 I ~--· Wlwllt ~~odie I 2 • 0 0 I 0 7 1/24/2013 3 1/2 4/20 13 Years of Service by Volunteers for ,_ - entire Wheat Ridge Current SUMMARY as of January 11, 2013 J l - 7 · 9 10 • 12 Total Years Years ~+ Vacant Mem~rs 6 7 8 5 81 4 .... ~ .... .. ~ ~ City of • JP'WheatRi9ge ITEM NO:~ DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION ~~~~ TI T LE: MOTION TO RATIFY MAYORAL APPOINTMENT OF ZACHARY URBAN TO THE HOUSING AUTHORITY REPRESENTING DISTRICT II, TERM TO EXPIRE MARCH 2,2014 D PUBLIC HEARING [8] BIDS/MOTIONS D RESOLUTIONS 0 ORDINANCES FOR 1 sr READING 0 ORDINANCES FOR 2ND READING QUAS I-JUDICIAL : D YES T1Jd CityMa~~ ty Clerk ISSUE: The members of the Housing Authority are appointed by the Mayor and ratified by City Council. Katie Vanderveen has served on the Housing Authority representing District II since 2009. Ms. Vanderveen has moved out of the City of Wheat Ridge and therefore had to resign . The current term that she vacated expires March 2, 2014. T hree applications were received for the vacant position. The applicants are Zachary Urban, Kim Calomino, and Jdell J . Gamer Williams all ofDist. II . While all applicants have housing market experience, Mr. Urban has not had the opportunity to serve on a board or commission for the City of Wheat Ridge. Due to Mr. Urban's extensive background and experience in the housing market, Mayor DiTullio is recommending that he be appointed to the Housing Authority representing District II. PRIOR ACTION: Denial by Council FINANCIAL IMPACT : None Council Action Form January 14,2013 Page 2 BACKGROUND: Members of the Housing Authority are appointed by the Mayor and ratified by City Council. RECOMMENDATIONS: Due to Mr. Urban's extensive background and experience in the housing market, Mayor DiTullio is recommending that he be appointed to the Housing Authority representing District II. RECOMMENDED MOTION: ''I move to ratify the Mayoral appointment of Zachary Urban to the Housing Authority representing District II, term to expire March 2, 2014." Or "I move to deny the appointment of Zachary Urban to the Housing Authority representing District II for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk ATTACHMENTS: 1. Zachary Urban Application and Resume 2. Calomino Application 3. Garner Williams Application ~~~ ~ ., City of r wheatRi_dge Board and Commission Auuiication APPLICATION FOR APPOINTMENT TO THE: Wheat Ridge Housing Authority (Board/Commission/Committee) DATE: 10/31/2012 DISTRICT: 2 HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? 10 ARE YOU A REGISTERED VOTER? Yes WHY ARE YOU SEEKING THIS APPOINTMENT? I have dedicated my career to providing home ownership opportunities to Colorado residents . I have a deep desire to serve my fellow citizens of the City of Wheat Ridge. I want to apply my professional set of housing/real estate related skills for the benefit of our fellow citizens . I have a vast knowledge of all federal funding opportunities for housing, and all persons connected to housing related organizations in Colorado DO YOU HAVE EXPERIENCE IN THIS AREA? I created the Colorado Foreclosure Hotline . I ran the operations for the Colorado Division of Real Estate . I have served as a board member for the Colorado Board of Real Estate Appraisers . I am an executive committee member of the Colorado Foreclosure Prevention Task Force . I am currently the President of the Colorado Housing Counseling Coalition . As the Director of Housing Counseling for the Adams County Housing Authority I oversee the homeownership and foreclosure prevention programs for Adams County . a HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? I have applied previously but have yet to serve the citizens of Wheat Ridge in th is capacity . ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? I have no conflicts of interest or other interference with serving on this board . PRINT NAME Zachary D. Urban ADDRESS 4740 Reed Street HOME PHONE 720-252-59 30 BUSINESS PHONE 30 3-227-2059 E-MAIL ADDRESS zac hary .melmda.urban qgma il.com II Checking here completes your application, constitutes your signature and affirmation that the statements made are true. APPLICATION WILL BE KEPI ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29 111 Ave., Wheat Ridge CO 80033 Attachment 1 Zachary D. Urban 4740 Reed Street· Wheat Ridge, Colorado 80033 · 720-252-5930· ZacharyUrban@hotmail.com JOB EXPERIENCE Director of Housing Counseling Adams County Housing Authority Commerce City, CO • Wrote and received a $6.5 million funding proposal from the Colorado Attorney General's Mortgage Settlement on behalf of the Colorado Housing Counseling industry • Drafted legislation exempting non-profit housing agencies, housing authorities and other agencies from licensure requirements under the SAFE ACT. See Colorado Senate Bill 11-206 Enacted June 2, 2011 • Served on Colorado's Homeownership Education Advisory Committee, providing guidance on homeownership assistance programs and education curriculum. • Worked closely with owners of private property, Realtors, mortgage lenders, property managers, leasing agents and tenants to ensure program objectives are met. • Performed oversight function for use of Federal HOME Funds dollars in homeownership opportunities program. • Conducted the largest role out ofHUD's Emergency Homeowner Loan Program in Colorado. • Consulted on the development and implementation of the Neighborhood Stabilization Program for Adams County including marketing and outreach. • Managed staff of six professionals, including balancing workloads, performing QC checks to ensure accuracy of files, securing training opportunities and handling complaints • Ensured Housing Counseling department was in compliance with program and regulatory guidelines including all HUD Regulations, OMB Circulars, Mortgagee Letters, and HUD handbooks • Administered Adams County Homeownership Opportunities Program on behalf of Adams County Community Development. Director of Operations and Communications Colo. Dept. of Regulatory Agencies, Division of Real Estate Denver, CO • Oversee the licensing of Colorado's real estate brokers, mortgage brokers, and real estate appraisers • Administer the compliance of continuing education requirements for the entire licensee population • Serve as the public information officer on behalf of the Colorado Division of Real Estate • Craft policies to meet the mission of consumer protection, and direct the implementation of policy decisions related to the SAFE ACT and bringing Colorado into compliance with NMLS • Provide leadership and management to 3 mid-level mangers and oversee direction of 10 staff persons • Direct the operations of the Division including adhering to strict budgetary controls, managing limited resources, developing performance measures and creating 1T solutions to meet the strategic plan ofthe Division of Real Estate • Track legislative affairs, assist in the preparation oftestimony on behalfofthe Division, respond to policymakers on the impact of legislation to the Division of Real Estate • Keynote speaker-FHA's Hope for Homeowners Conference • Draft the quarterly newsletter, direct the website content, and write press releases to communicate the mission of consumer protection ofthe Division of Real Estate Director of Housing Counseling Brothers Redevelopment, Inc. Denver, CO • Mastery level knowledge of mortgage default systems and loss mitigation processes • Performed loss mitigation activities and counseled 1 ,200 Colorado families facing foreclosure • Taught I 00+ homeownership education classes • Coordinated various Foreclosure Town Hall Meetings, Task Forces and other related meeti ng in cooperation with FHA-HUD, Colorado Division of Housing, Federal Reserve and the Colorado Foreclosure Prevention Task Force • Provided education on reverse mortgages to hundreds of senior citizens • Fostered mutual beneficial relationships between national mortgage servicers, local governments, and local non-profits • Supervised fourteen staff members and housing counselors in day-to-day activities • Managed 50+ vendor-supplier contracts with superior attention to compliance and performance • Developed, controlled and accounted for a $1.1 Million departmental budget • Administrator of Colorado foreclosure prevention hotline ( 1-877-601-HOPE) on behalf of The Colorado Foreclosure Prevention Task Force • Managed a Public Service Campaign resulting in a $1 million donation of air-time, the largest ever for any Colorado based public service campaign • Performed grant writing and program development activities to increase program capacity by +2000% • Received training in non-profit management from Neighborhood Reinvestment Corporation • Presented on various mortgage default related topics at The Federal Reserve and Federal Housing Administration Homeownership Preservation forums across the country • Interviewed by the Wall Street Journal, Time Magazine, Associated Press, CNN, News Hour with Jim Lehrer, Bill Moyer' Journal, NBC Nightly News, and the Denver Post regarding Colorado housing issues • Regular source/commentator for various local media outlets regarding foreclosure prevention • Guest Lecturer-Speaker for graduate level course regarding foreclosure prevention, mortgage default and housing finance EDUCATION Colorado State University Bachelor of Arts Communication Studies Fort Collins, CO Member of Colorado State University Speech and Debate Team BOARDS AND TASK FORCES Nominee, White House Champions of Change in Housing Counseling 2012 Appointed By Governor Ritter, State of Colorado Board of Real Estate Appraisers 2007-2008 Colorado Division of Real Estate Mortgage Broker Rule Making Task Force 2007-2008 Colorado Division ofReal Estate Mortgage Broker Education Task Force 2007-2008; 2010-2011 Colorado Foreclosure Prevention Task Force-Executive Committee Member 2005-Present City and County of Denver Foreclosure Task Force 2007 Member of the Attorney General's Colorado Foreclosure and Mortgage Fraud Task Force 2005 President ofthe Colorado Housing Counseling Coalition 2005-2007,2012, Vice-President 2010-2011 Housing Colorado Legislative Committee 2011-2012 RESEARCH PROJECTS CU-Denver Graduate School of Public Policy Study on the Municipality Costs of Foreclosure Denver County Public Trustee's office Geographical Information System Analysis of Foreclosures Study HMDA Census Tracts on the Westside of Denver County Analysis for homeownership opportunities PERSONAL ACHIEVMENTS Eagle Scout Climbed 20 14ers (14,000 Foot Mountains) Colorado State University President's Leadership Program Graduate CllY OF WHEAT RIDGE BOARD AND COMMISSION APPUCATION APPUCATIONS FOR APPOINTMENT TO THE: \-.:'hc.·at Ridge llou~ing ,\uthority DATE: November 9, 2012 DISTRICT: II HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? 15 yeus ARE YOU A REGISTERED VOTER? Yes WHY ARE YOU SEEKING THIS APPOINTMENT? I support thc rok of the housing authonty in advancing home 0\\'Tit:rship by creating affordabk housing opportunities for residents while simultaneuu~ly impro ... 1ng properties and neighborhood.; through inv<.-strnt.'Tit. 'lhi~ is a vital rok in improving the health and economic vitality of Wheat Ridge and in expanding its base of mvesu·d commtmity mcmh<.·~-I arn interested in assi~ting in the work of th<.· housing authority and believe my badt~>Tound in the housing industry to~rcther with my experience in working with local J-,•ovcmment and community stakeholder~ would be of valm· to thl· authority, the community and th<.· City of Wlll"at Ridge. DO YOU HAVE EXPERIENCE IN THIS AREA? Yes. In addition to a long profe~sional career in the hcm~ing indu..;t:ry I have most n·n·ntly scrvt·d on the \X11<.-at Ridge 2020 committee that ovcrst·es their Neighborhood Stabilization Program grant. lbe work uf that committed is similar 111 many respects to th<.· work of the housing authority. I also hav<.· a good understanding of affordabk housing issues as well as construction management, codes and practices. Additionally, I have had the opportunity to bwld rdarionship~ witlun some affordable housing organizations and have the resources to assist the housing authorit)• in building or maintaining key relationship~ that would further it~ h'oals and re~ourn·s. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITIEE AND IF SO, WHICH ONE? HOW LONG? I have m Ull' past served on a committel' c·stablished to review and make recommendations on th<.· ctty's building code. 'I bat was a time and purpost·-limited committee which I believe met for no mor<.· than 6 months. I am not currently serving on any lx,ards, commissions or committc<.'s . ARE THERE ANY CONFUCTS WHICH WOULD INTERFERE WITH REGULAR AITENDENCE OR DtmES? No PRINT NAME Kun Calomino ADDRESS 4070 Duvt·r Street, \'<'heat Ridge, CO HOO .B HOME PHONE 720 732-(,666 BUSINESS PHONE N/:\ L SS kimcalumino@liv<.·.com NA ~ Attachment 2 • City of • JP'Wlieat~e Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: Wheat Ridge Housing Authority {BOIIrd/Commissioa/Colllmittee) DATE: November 9, 2012 DISTRICT: II HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? 15 years ARE YOU A REGISTERED VOTER? Yes WHY ARE YOU SEEKING THIS APPOINTMENT? I support the role o1 the housing eulhorily In ectvancing home ownership by creating atrordable housing opportunities for residents while limultMeoulty Improving propetties and nelghbofhoods through investment . Thia is a vlt8l role in ~~health.~~~"!~~~ in .~~ndlng it:'~ ol~.~. ~bers ... DO YOU HAVE EXPERIENCE IN THIS AREA? Yes. In addition to a long prolnliol.., career in the housing indultry I have most recenly let"'8d on the Wheat RJdge 2020 committae that oversees their Neighborhood Stabilization Program grant. The wortt o1 that commilled Is similar in many respects to the wortt o1 the housing authority. a HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? I haw in the past II4IN'8d on a committee established to review and make reoommendations on lhe dly'a building code. That was a time and purpc 11 llmillld convnittee which I betiew met for no mont lhlln 6 monlha. I am nol c:unently serving on eny boards. commissions 01 committees. ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR A TJ'ENDENCE OR DUTIES? No . PRINT NAME Kim calomino ADDRESS 4070 DcMw Street. Wheat Ridge. co 80033 HOME PHONE no.m-6666 E-MAIL ADDRESS ~w.~ BUSINESS PHONE NIA Checkiaa here completes yo•r application, constitutes your signature and affirmatioa that the statemeats made are true. APPLICATION WILL BE KE~T ON FILE FOR ONE VEAB City Clerk's omce, 7SOO W.l97 Ave., Wheat Ridge co 80033 City of ~WheatRi_dge Mayor Committee Application APPLICATIO:oi t'OR APPOINTMENT TO 7~:~ \Nh~ f2;d<j'-i+D<-ts~"G , IT-bor~J'1 ( Commlttfi.') DA TE:____._f _d.......; .. ;;.....;;0;;;;...-3_,.. ....;...\ . .;;._)__ ~ DISTRICT: __ .........:;lL'------- HOW LONG IIA VE YOl 1 REEN A RESIDE~T OF WHEAT RIDGE:±+ ARE YOl' A REGISTERED VOTER? YCJ, s ___. " WHY ARE \'Ol. SEEKII\G THIS APPOI'"TMENT! I 0 I rt;prove.. -{:l, b.oaty ad a&v<mu a ~-+_·, "-4-~X(XJSI+!l-/ ~rl:i~ ..---I • 0~ VOL HAVE EXPERIE~CE I~ THIS AREA'! 1 N ~ 1\l ~ ---.;; a~ a fs HAVE YOl. EVER SERVED, OR ARE YOl i <TRREI\TLY 01\ A HOARD/COMMISSION/('0.\'fMITTEE .\ND IF SO. WHICH O~E? HOW LO~(;'? tJ ~vL.(<. ARE THERE Al'iY COI\FLICTS WHICH WOULD INTERFERE WITH REG(jLAR ATTENDENCE OR Dl'TIES'!-~tJz...;()=..:..N-=-e,..=------- ARE YOL. CLJRRE!\TLY COMPE!'ISATED RY THE CITY IN ANY MAN!\ER? /v A ~ ~ I ~ su;"'ATuR~~ .GaJl.,.d.GJ~ PRINT !'lAME JJeJ! j, GarNe-r LJ •6 [/ ta.ms ADDREss4=f45 ~ SL, HOJ\U: PHO~E 120.3G,f,]tl g Bl'SY:oiESS PHONE :ff . <6 ?h. D9'6i !:0:)!~ • 2J.~~ E-MAIL ADDRESS~ l.LQN(y Nt l L a?. '3~ [ .. CQrYl APPLICATION \VILL HE IU:PT ON FILE FOR 01\E \'EAR Cit~ Cll'rk's Offi(.'e, 7500 W. 2911. A\·e., Wheat Ridgt' CO 80tHJ Attachment 3 ~ .I~ .. ~ ~ ., City of • ?WheatR.i9ge IT EM NO:~ DATE: January 14,2013 REQUEST FOR CITY COUNCIL ACTION @ -~~ TITLE: MOTION TO RATIFY MAYORAL APPOINTMENTS TO RENEWAL WHEAT RIDGE D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES ISSUE: The members of Renewal Wheat Ridge (RWR) are appointed by the Mayor and ratified by City Council. There currently are two members whose five year terms expired November 30, 2012, Walter Pettit and Rick Adams . Walter Pettit has served on RWR as an at-large representative since 2007. Mr. Pettit has applied seeking reappointment for another five-year term as an at-large representative and Mayor DiTullio has approved reappointing him to RWR. Rick Adams has served on RWR as an at-large representative since 2007 and had initially chosen not to seek reappointment. The vacant position was advertised on Channel 8 and the City of Wheat Ridge website. Three applications were received from Shane Nicholson, John Marriott, and Jennifer Walter. On January 3, 2013 Rick Ad ams decided to seek another tenn with Renewal Wheat Ri dge. Mayor DiTull io is reviewing the applications with his choice for appointment to be announced during the Jan . l41h City Council meeting and under this agenda item. PRIOR ACTION: None FINANCIAL IMPACT: None Council Action Form January 14,2013 Page 2 BACKGROUND: Per City Code Sec. 25-24 " ... The at large members may include one ( 1) elected city official (excluding the mayor), and/or one (I) non-resident individual who owns an interest in or is a corporate officer of a licensed business in good standing located within the city. Each appointment to the authority shall be made by the mayor subject to approval by majority vote of the entire city council." RECOMMENDATIONS: Mayor DiTullio is recommending that Walter Pettit be reappointed to Renewal Wheat Ridge as an At-Large representative, term ending November 30, 2017. Regarding the second appointment Mayor DiTullio is reviewing the applications with his choice for the at-large opening to be announced. RECOMMENDED MOTIONS: "I move to ratify the at-large Mayoral appointment of Walter Pettit term to expire November 30, 2017 "I move to ratify the at-large Mayoral appointment of ______ to Renewal Wheat Ridge, term to expire November 30, 2017." Or "I move to deny the appointment of Walter Pettit to Renewal Wheat Ridge for the following reason( s) " "I move to deny the appointment of ______ to Renewal Wheat Ridge for the following reason( s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk ATTACHMENTS: 1. Walter Petit application 2 . Nicholson application 3. Marriott application 4. Walter application 5. Adams application package City of Wheat Ridge Board & Commission Application for Reappointment Please circle one of the following : ~ld like to reapply for another Five-year term (Go to Section A) No, I do not wish to serve another term (Go to Section B) A. APPLICATION FOR REAPPOINTMENT TO THE: R&/C:a)4c V ..fcA/ £/Otft! (BOARD/COMMISSION/COMMITTEE) DATE: lt/fftL DISTRICT &r· LA#I€ ARE THERE ANY CONFLICTS Wij(CH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES?~~....ll:..aoj~...-_____________ _ B. INFORMATION -PL EASE COMPLETE TO UPDATE RECORDS NAME : 1 E ADDRESS: )9$o 647fJN s,., HOME PHONE: ,Ja~--f.z:s--41 ,2.4 BUSINESS P _ __:.N....:;.&.zJ..:.'A:....... ____________ _ E-MAIL ADDRESS: VC! ~ZZt r 3'1 (2 t1 :5d. tfom SIGNATURE JJ.,tl; < dfi£" APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR Attachment 1 NAME. Walt Pettit BOARD/CO MMISSION : Renewal Wheat Ridge Ple .. e circle one of the following: ~would like to reapply for another five-year term (appl ication attached} No, I do not wtsh to serve anothe r te rm Board apd Commissjop Appljcatjoo APPLICA liON FOR APPOIN I'Mt.:l'\ I TO 1 HE: Ortlen Renewltl Authority (Board.ICommiuloal( ·ommUtft') DATE: 11 27 12 DIS I'Rit' I : II HO\\ LONG ttAVE YOU BEE!\ A REMDE._,T Of Wltf.AT RlDGt.:? 11 years AR•: ~Ol A REGISTERED VOTER? yes WHY ARE YOll SEEKING TlfiS APPOINTME~? I Jowo IMno In wt.M Ridge_., IIU .....-.. ~ lhi5 ama corn~ · to on. I llso l'lallza ttud we twve 1o p 1 1 to · ., .wen · t pl.c 1 ltv. 1 1 t .rr · ~ to • JIM of._. 00 VOl IIA E IN Till~ ARFA' lllcenC tndlred ecpenence 8!1 a local bullne• owner wah HAVE VOl. \' :M ' • OR ARt YOU ('VIUU:r-.TL\'' ON A BOARD/C'OMMISSIONI<'OMM I J 1'1 A I SO, WHICII ONE? 110\\ LON(.i1 II ~ on ARE THF.RF. ANY CONf"LI('I'S WHICH WOULD I,.._TERFF.Rf. Wll'tt Rt~Gl LAR ATTE~DENCE OK UtJln:S! No ADDRE~S W llfWge.CO IIOMt PilON... , 1e1 t Hl SIN~~S I•HONE Cltllddaa liMn C"om • our appllatlo .. C'OIIItiNCn your •ianat•n ••d amnaatio• tha• the ~lalemHIII Mack are lrur. AJ•PI.ICATIOI\ WILl. BE KE[I ON fll.f: tJIR ONt;: \ f.AR Cin ('lertl't Ofllce..151& W. 291 Awt., What Rtcl8e (.'() 11033 Attachment 2 11t07t2012 10:40 F.~ 30343175~5 Larson·s Ski & Sport JU;>-'-.)'1-'::) "1..t!-l ....... .. , .. City of • JP'Wlieat:Rl_dge Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: Renewal Wheat Ridge (Board/CommiuloDICommlltee) DATE: 11/6/2012 DISTRICI': 4 flJ 001 HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDCii.? Business Owner 30 i ARE YOU A REGISTERED VOTER? y WHY ARE YOU SEEKING THIS APPOINTMENT? I am hoping to continue to help Wheat Ridge with econom•c development. DO YOU HAVE EXPERIENCE IN THIS AREA? I own 2 commercial bulldln~s. and numetOus te&ldentlal properties . I have owned ~rson·s Ski and Sport for 30 years. I am the current Chairman of the WhNI Rielge Bus•ness District. and I am the Vice Chairman of the Boatd or Adjustment in the city of Arveda. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSJON/COMMJlTEE AND IF SO, WHICH ONE? HOW LONG? I have been a member or the Wheat Ridge Busin"' Oi$tnd for 7 years ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR AITENDENCE OR DUTIES? No PRINT NAME John Maniott ADDRESS S59! Can St. Arveda. Co. 80033 HOME PHONE no.m.Jm BUSINESS PHONE 3o3,.l3.o654 E-MAIL ADDRESS jobn@llusonspon.com II Checking here completes your applic:.atioa, constitutes your sieaature aad amrmatioa that the statements made are true. APPUCATJON WILL HE KEPT ON FILE FOR ONE fEAR City Clerk's Office, 7500 W. 29'11 Ave., Wheat Ridge CO 80033 Attachment 3 .t ~ ?w~~t~ Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: RENEWAL WHEAT RIDGE (Board/Co••iaioii!Committee) DATE: 11/27/12 DISTRICT: I HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? 5 years ARE YOU A REGISTERED VOTER? Yes WHY ARE YOU SEEKING THIS APPOINTMENT? I see the City's potential (especially in its Urban Renewal Areas) and want to be involved in the decision-making to help the City realize its full potential. I am also personally interested in economic development and infill development. DO YOU HAVE EXPERIENCE IN THIS AREA? Through previous work experience as an environmental consultant I am familiar with the environmental due diligence part of property transactions and the environmental investigation I clean-up process. This work experience is relevant to decision-making at any potential brownfield sites in Urban Renewal Areas. a HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? lfllheat Ridge Board of Adjustment, Alternate (201 0-present) ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR A TTENDENCE OR DUTIES? One potential conflict from August 2013-December 2013 for a night class that meets Tuesday and Thursday evenings. PRINT NAME JENNIFER WALTER ADDRESS 2890 QUAY STREET, WHEAT RIDGE, CO 80033 HOME PHONE 303-906-8855 BUSINESS PHONE E-MAIL ADDRESS jenwalte@yahoo.com -Checking here completes your applieatio•, constitutes yo11r lic•anll'e and affirmation that the statements made are true. Attachment 4 APPLICATION WILL BE KE~ ON FILE FOR ONE fEAR City Clerk's Office, 7500 W. 29 Ave., Wheat Ridge CO 80033 Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE: Renewal VYheat Ridge Board (BOARD/COMMISSION/COMMITIEE) DATE:, __ ....:..:12=·=31.:..:..1=2=-------DISTRICT At Lame HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 32 of 34, 11 continuous ARE YOU A REGISTERED VOTER?_.s..:.yes=---- WHY ARE YOU SEEKING THIS APPOINTMENT? Commitment schedule has changed allowing me to serve. I declined to apply a month ago after serving 5 years but family needs haye !jawed. DO YOU HAVE EXPERIENCE IN THIS AREA? Yes, served last five years on RWR Board, the last four as Chairman. I would be able to bring this experience to job, ____ _ HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITIEE AND IF SO, WHICH ONE? HOW LONG? 5 years on R\Mot. ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATIENDANCE OR DUTIES? No. • iJJbl1j SIGNATURE &_ {! ------=---• PLEASE PRINT OR TYPE NAME:,_--=-R~ick=-.:~C!!.!. . .:....::Adam::=!.!:!is~------- ADDRESS: 10750 W. 32nd Place. V\lheat Ridge, CO 80033 HOME PHONE: 303f484..1028 BUSINESS PHONE:,_--.....:3=031877=.:=..!...!.--77:....:...=28=------------- E-MAIL ADORESS: __ -'-'rcadam==•=7_,_77-'-'7'-"l@magt:.:..:=n=.com=,__-------- APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR Attachment 5 ...... 3031414 1021 F• 3031414 1027 c.l 3831177-7721 Rick-C. Adams- 10750 W. 3r' Place IAih.a.~• Di . .fn,a,. rn onn"'l~ .... lad-7777~ ---~ ..................... it'"'liiiiiAi~ ............ Me1110 To: Renew.l Whe•t Ridge Board Fram:Rick C. Ad•m• Cc: Steve Art, M•yor DITullio, P•trlck Goff, CoNy tlotfm8nn, City Council Date: November I, 2012 Rr. Service on RWR llo8nl Hello Fetlow Board Members I Will comp lete my 5-year At-Large Board Member tenn at the end of this month. I will not be reapplying for another term. Since my position is as an At Large Mem ber, the next person appointed to the RWR Board can reside in an y of our fo ur Districts in VVheat Rid ge . Since the RWR Board will elect the next Chair from it's membership, if any d you have questions regarding the Chair duties, I would be happy to discuss this with you. I have truly enjoyed this service to our fine City. It has been a great honor and I have made many friends on the RWR Board. We have accomplished much and obviously there is more work to do. I wish you only the best moving forward and eve n more success in the coming years. Sincerely, Ri c k C Adams 1 November 1, 2012 Rick Adams 10750 W. 32ncl Place Wheat Ridge, CO 80333 Dear Rick: In 1997, the Coundl passed a Resolution th11t outlined the process to be followed for re11ppo/ntment when Bo11rd 11nd Commission members complete their tenn. When their tenn expires, each Board 11nd Commission member must complete an application fonn 11nd fonnally reapply for the same 8011rd or Commission or for 11ny other Board or Commission. According to our records, your term on Renewal Wheat Ridge will expire on November 30, 2012. Please let us know If you are Interested In reapplying for another five-year term. If you are Interested an application Is enclosed for your convenience. We ask that you return the bottom half of this letter no later than November 11, 2012. A stamped return address envelope has been Included for your convenience. The Mayor appoints Renewal Wheat Ridge members and then his decision Is ratified by City Council . Should he need any further Information the Mayor will be In contact with you. Thank you for serving on Renewal Wheat Ridge. Wheat Ridge Is very fortunate to have citizens like you who volunteer their time and expertise to serve the City. Sincerely, i4M£L~ Bruce Roome Deputy City Clerk ---------....-..-_._._.._ ----------------- NAME · RICk Adams BOARD/COMMISSION Renewal Wheat Ridge P ..... circle one of the following: v ... I would like to rea I for another five-year term (application attac:hed) No, I do not wish to serve another term . City of Wheat Ridge Board & Commission Application for Reappointment PI•••• circle one of the following: Yes, I would like to rea I for another Five-year tenn (Go to Section A) No, I do not wish to serve another tenn (Go to Section B) A. APPLICATION FOR REAPPOINTMENT TO THE: (BOARD/COMMISSION/COMMITTEE) DATE: ·--------DISTRICT ______ _ ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? ________________ _ LEASE COMPLETE TO UPDATE RECORDS NAME:~~;..._-+-..&.:~:.:.c.c..K.¥...--~-""""'7"'l~---------- ADDRESS: /1 N. z HOME PHONE: J?~ 4:rt /d Z3 BUSINESS PHONE: ~~ 177 77Z$ E-MAILADORESS: rc~WI~ 7TT!{Ii]lflz"~ tJim1 SIGNATURE t~ t .Jiruu APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR