HomeMy WebLinkAboutCouncil Packet 08/27/20126:45 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
August 27, 2012
7:00p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Heather Geyer, Public lnfonnation Officer, at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF August 13, 2012
PROCLAMATIONS AND CEREMONIES
Citizen Award -Anthony Lucero
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.
APPROVALOFAGENDA
~ CONSENTAGENDA
a. Motion to approve payment to Insight Public Sector, Inc. in the amount of
$51,618.51 for the annual renewal of the Microsoft Enterprise Agreement
b. Motion to accept Independence Street Right-of-way from the City of Arvada
c. Motion to award RFB-12-18-On-Call Traffic Signal Maintenance & Repair Services
to W.L. Contractors, Inc. of Arvada, Colorado, in an amount not to exceed $55,000
CITY COUNCIL AGENDA: August 27, 2012 Page -2-
PUBLIC HEARING AND ORDINANCES ON SECOND READING
~. Council Bill No. 14-2012-An Ordinance amending Section 26-603 of Chapter 26 of the
Wheat Ridge Code of Laws, concerning regulation of Sight Distance Triangles and
Swimming Pool Fences (Case No. ZOA-11-06)
3. Council Bill No. 15-2012 -An Ordinance submitting a proposed amendment of the
Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section
16.8 (b), setting the Ballot Title for same
4. Council Bill No. 16-2012 -An Ordinance amending Section 16-103 of the Wheat Ridge
Code of Laws concerning Unreasonable Noise and providing for a Special Events
Permit for Amplified Sound on Private Property
ORDINANCES ON FIRST READING
5. Council Bill No. 17-2012-An Ordinance adding a new Section 26-638 to Chapter 26 of
the Wheat Ridge Code of Laws, concerning Zoning, to define occupancy Limits and
authorize the enforcement of such limits as a Civil Matter
§. Council Bill No. 18-2012 -An Ordinance amending Subsection 4-34(E) of the Wheat
Ridge Code of Laws, concerning Kennel License requirements, to prohibit Variances
that conflict with the City's Zoning Regulations
z. Council Bill No. 19-2012 -An Ordinance amending Section 24-51 of the Wheat Ridge
Code of Laws, concerning Weed and Tall Grass Control, to authorize Abatement of
Violations thereof and Abatement Cost Recovery through Nuisance Enforcement and
Administrative Enforcement
DECISIONS, RESOLUTIONS AND MOTIONS
8 . Resolution 42-2012-authorizing the execution of an agreement allowing Walrus 5560
LLC to participate in the Wheat Ridge Business Development Zone Program and for the
rebate of eligible City fees, charges and taxes in an amount not to exceed $25,500 in
association with the demolition and remodel of a facility at 5560 W . 29th Ave.
9 . Resolution 43-2012-concerning the Jefferson County School District R-1's Bond Issue
and Mill Levy Override Issue on the November 6, 2012 General Election Ballot
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO
August 13. 2012
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p .m .
ROLLCALL OF MEMBERS
Bud Starker
Joyce Jay
Mike Stites
George Pond
Joseph DeMott
Tracy Langworthy
Kristi Davis
Absent: Davis Reinhart
Also present: City Clerk , Janelle Shaver; City Attorney, Gerald Dahl ; City Treasurer,
Larry Schulz; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Commander
Jim Lorentz, Police Department; Community Development Director, Ken Johnstone;
Public Works Director, Tim Paranto ; Administrative Services Director, Heather Geyer;
interested parties and interested citizens.
APPROVAL OF MINUTES OF JULY 23,2012
Motion by Mr. Stites for approval of the Minutes of July 23, 2012 ; seconded by Mr.
Starker; carried 7-0
PROCLAMATIONS AND CEREMONIES
Chief Brennan presented Citizen Awards to Dirk Coleman , George Miller and Chad
Grenda.
Dirk Coleman
On June 6 Dirk Coleman noticed suspicious smoke coming from the back of an Arvada
house. He stopped and saw that a large, fallen branch had landed on wires, causing a
significant fire . With a hose he ensured the porch area was wet down, contained the
fire until the Fire Department arrived , and continued to keep the embers from catching
the back porch and furniture on fire. He stayed with the homeowner until the fire was
completely out and Xcel arrived to turn off the power. Upon finding that Dirk was a
Wheat Ridge city employee she called to offer her gratitude, praise and appreciation for
the calm and direct action he took, knowing exactly what to do, and his friendliness and
City Council Minutes August 13, 2012 Page 2
professional demeanor with her and her children in a situation that presented significant
danger to life and property.
For his selfless act in helping a citizen in a critical situation and representing the City in
an exemplary manner in a dangerous situation, Chief Brennan presented Dirk with a
WR Police Department Citizen Award and a Police Department Ceremonial Challenge.
George Miller and Chad Grenda
On March 19 an attempted series of car jackings occurred at the WR Rec Center.
George Miller, Chad Grenda and Michael Strong risked their own safety to help a
female in danger. George Miller was outside the Rec Center when he saw and heard
two Hispanic men breaking into a car. George chased them northward across a field.
Michael Strong also heard the breaking glass and saw George chasing the men.
Michael got in his car and drove north on Kipling. As George was in pursuit he saw the
two men attack a woman at the Clear Creek greenbelt parking lot. At the same time
Chad Grenda was exiting Armburst's Gym nearby when he heard the woman
screaming for help and saw an Hispanic man pulling her out of her car. Chad ran to
help and when Michael got to the parking lot he also saw this scene . Michael exited his
car and ran to help the screaming woman . When George got to the parking lot he saw
one of the suspects trying to steal the car. George jumped in the car and began fighting
the suspect. During the struggle the car started rolling and was almost going to roll into
the woman on the ground. As he fought, George was able to steer the car clear of the
woman. Meanwhile Chad grabbed the other suspect who broke away and ran into the
Gym parking lot and then onto Kipling. Chad tackled the suspect and was then aided
by Michael Strong. Together they were able to hold and control the suspect. Shortly
thereafter the other suspect came to help his partner. He pulled a gun, pointed it at
Chad and Michael and told them to back off. Chad and Michael were afraid of being
shot and fled to the Gym parking lot and took cover behind cars .
These three men risked their lives to come to the aid of a victim of a crime in progress
and their actions made the successful capture of the suspects a reality . They
demonstrated initiative, bravery and concern for a stranger and did the right thing by
becoming involved . For their assistance , and on behalf of the City of Wheat Ridge and
the Wheat Ridge Police Department, Chief Brennan presented George Miller and Chad
Grenda with a Wheat Ridge Police Department Citizen Award and a Police Department
Ceremonial Challenge . [Clerk's note : Michael Strong 's award was mailed to him and
he was not present.]
CITIZENS' RIGHT TO SPEAK
Peter Walstrom spoke about the annoying behavior of cats . He thinks they are
becoming a nuisance and that our ordinances need to be enforced .
Lynette Namea spoke in favor of a smoke free Wheat Ridge as it is endorsed by
Breathe Well Wheat Ridge. She would like to see social norms change.
City Council Minutes August 13, 2012 Page 3
Lori Odom, 36 year resident and retired pediatric oncologist, spoke in support of smoke
free policies . She cited a study that shows that outdoor second hand smoke exposure
has effects on health. She would like to see smoking prohibited in all outdoor public
areas. The goal is to have no one smoke.
Sarah Davis repeated Dr. Odom's sentiments and the adverse health effects of second
hand smoke, indoors and outdoors. She said smoke free laws don't have a negative
economic impact on cities. She also reported on a survey done by the Jeffco Health
Department indicating that people outside Wheat Ridge would be more apt to dine at
Wheat Ridge patios if they were smoke free.
Terrance Hill thanked the people from flood water control for their prompt attention and
the good work they did to solve a recent problem they had on a ditch near 38th and
Quail. He also told of a bad experience he had when he hit a bad pothole. He
explained how he received what he considered to be very poor customer service from
the police officer that responded to his call . The mayor suggested that Mr. Hill speak
with the Police Chief and he left the podium to do so.
APPROVALOFAGENDA
~ CONSENTAGENDA
The Consent Agenda was introduced and read by Mrs. Langworthy.
A. Resolution 40-2012 -A Resolution authorizing the appropriate City Officials
to execute an Intergovernmental Agreement by and between the County of
Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado,
regarding the administration of their respective duties concerning the conduct
of the Coordinated Election to be held on November 6, 2012.
B . Resolution No . 41-2012-A Resolution amending the Fiscal Year 2012
General Fund Budget approving a Supplemental Budget Appropriation to
reflect the acceptance of the Child Car Seat Examination and Replacement
Safety Fair Grant from the Colorado Department of Transportation in the
amount of $4,884.20
C. Motion to award the RFQ-JN-12-24 Kipling Trail Design Contract to
Bohannan Huston, Englewood, CO, in the contract amount of $197,533 .02 ,
and to approve a Contingency amount of $40,000
Mr. DeMott asked to pull Item 1. C .
Motion by Mrs. Langworthy to approve Items A and B of the consent agenda; seconded
by Mr. Stites; carried 7-0
City Council Minutes August 13, 2012 Page4
Mr. DeMott felt that an item with fiduciary and property impacts of this level needed to
be an item of its own and not buried in the consent agenda.
Motion by Mr. DeMott to postpone indefinitely the contract award of RFQ-JN-12-24,
Kipling Trail Design to Bohannon Huston , Englewood , CO for the following reasons: 1)
a 1 0 ft sidewalk would encroach too far onto the properties of businesses and homes,
and 2) a sidewalk of 5 ft in the area available to the City would make an ample and
great impact on the east side of Kipling street. The motion died for lack of a second.
Motion by Mrs. Langworthy to approve Item C; seconded by Mr. Stites; carried 6-1 with
Mr. DeMott voting no.
PUBLIC INPUT
2 . Opportunity for Public Input on the 2013 City of Wheat Ridge Budget
Joe Giordano , treasurer for WR 2020 and accounting professor at Metro, advised
Council that in 2013 WR2020 will be requesting more funds to support businesses.
PUBLIC HEARING AND ORDINANCES ON SECOND READING
~· Council Bill No. 12-2012 -An Ordinance disconnecting land located in Section
15, Township 3 South , Range 69 West of the Sixth Principal, Meridian, County of
Jefferson , State of Colorado, from the City of Wheat Ridge Municipal Boundary
(Case No. ANX-12-01/Tomlinson Park)
Mayor DiTullio opened the public hearing.
Council Bill12-2012 was introduced by Mr. DeMott.
City Clerk Shaver assigned Ordinance# 1516.
Ken Johnstone reported that this is a housekeeping item from a previous IGA with
Arvada. Drainage and park improvements have been done, but Arvada maintains the
park. It makes sense to cede the property to Arvada .
There was no public comment.
Mayor DiTullio closed the public hearing .
Motion by Mr. DeMott to approve Council Bill No. 12-2012, an ordinance disconnecting
land located in Section 15, Township 3 South , Range 69 West of the Sixth Principal
Meridian , County of Jefferson , State of Colorado from the City of Wheat Ridge
Municipal Boundary on second reading , and that it take effect upon recordation of the
disconnection plat; seconded by Mr. Stites ; carried 7-0.
City Council Minutes August 13, 2012 Page 5
4. Council Bill No. 13-2012 -An Ordinance adopting by reference the 2010 Edition
of the Model Traffic Code for Colorado, adopting Amendments thereto, repealing
all Ordinances in conflict therewith, providing penalties for Model Traffic Code
Violations and making conforming Amendments to Chapter 13 of the Wheat
Ridge Code of Laws.
Mayor DiTullio opened the public hearing.
Council Bill13-2012 was introduced by Mr. Stites.
It is common practice for municipalities to adopt the Model Traffic Code that is published
regularly by the Colorado Department of Transportation.
City Clerk Shaver assigned Ordinance# 1517.
Chief Brennan gave the staff report and explained what changes will be made that are
specific to Wheat Ridge. The Model Traffic Code was last revised in 2003. This new
2010 edition corrects several errors and makes a few changes. He addressed an issue
about handicapped parking stating that our judge feels the fee schedule is adequate
and allows for flexibility to levy harsher fees.
Steve Keller brought up a suggestion by Chief Brennan that motorcycle noise should
not be in the noise ordinance, but rather in the traffic code. He referenced how the city
of Golden has placed restrictions on motorcycle noise. While not a fan of regulating
people's behavior he thinks the increased levels of motorcycle noise has reached a
place where it is now time for Wheat Ridge to address the issue of a motorcycle muffler
noise ordinance.
Moe Keller spoke to a handout she had distributed to Council and a copy of the Silence
Is Golden program for the Mayor, Police Chief, City Attorney and City Manager. She
reminded Council that the Model Traffic Code being adopted tonight has a section for
muffler noise prevention, but officers have told her it is a very difficult statue to enforce.
She had copied again for Council a list of what our surrounding cities do to address
vehicle noise. She referenced the Silence Is Golden program that the Golden Police
Chief has used to bring bar owners and their clientele together to see what they can do
about motorcycle noise and being good neighbors.
Gina Robinson is a citizen member of the Governor's Council for Disabilities. She
spoke about how handicapped parking is addressed in the MTC. She elaborated on
how people cheat by misusing and altering handicapped placards ; it is a serious, large-
scale problem. She asked Council to adopt the strong standards in the MTC which
have higher mandatory fines and allow for confiscation of the placards .
Nancy Snow urged Council to pass the Model Traffic Code as written regarding misuse
of handicapped parking so that all cities have uniform laws. She asked Council what
City Council Minutes August 13, 2012 Page 6
their rationale was for wanting to ignore parts of the section of the MTC that deal with
handicapped parking.
Chief Brennan explained that the judge recommended this because our courts don't
have the staff to process surcharges and return portions of the surcharges to the state .
Also the police don't have enough staff to be proactive on this, looking for offenders.
There was sentiment on Council that Wheat Ridge should protect handicapped parking
like our neighboring cities do .
Mayor DiTullio called for a 5 minute recess so Mr. Dahl could craft wording to allow for
increased fines for misuse of handicapped parking, but not require the City to make
surcharges.
Mayor DiTullio closed the public hearing.
Motion by Mr. Stites to approve Council Bill No. 13-2012, an ordinance adopting by
reference the 2010 edition of the Model Traffic Code for Colorado, adopting
amendments thereto, repealing all ordinances in conflict therewith, providing penalties
for Model Traffic Code violations and making conforming amendments to Chapter 13 of
the Wheat Ridge Code of Laws, on second reading , and that it take effect 15 day after
final publication ; seconded by Mr. Starker.
Motion by Mr. Pond to amend the motion as follows:
Replace section (6)(a) on page 9 with the following: "A person who does not have a
disability and who exercises the privilege defined in subsection (2) of this section or who
violates subsection (5) or (1 0) of this section commits a class B traffic infraction
punishable by a minimum fine of three hundred fifty dollars, not to exceed one thousand
dollars , for the first offense and a minimum fine of six hundred dollars, not to exceed
one thousand dollars , for a second offense or subsequent offenses."
Amend section (6)(b) to read as follows: "A person who violates this subsection (6) by
parking a vehicle owned by a commercial carrier, as defined in section 42-1-102 (17),
shall be subject to a fine of up to twice the penalty imposed in paragraph (a) of this
subsection (6), not to exceed $1000."
Continuing on page 10, to insert an amended section (7) to read as follows : "A person
who does not have a disability and who uses an identifying license plate or placard in
order to receive the benefits or privileges available to a person with a disability under
this section commits a misdemeanor punishable by a minimum fine of three hundred
fifty dollars, not to exceed one thousand dollars , for the first offense and a minimum fine
of six hundred dollars, not to exceed one thousand dollars, for a second offense or
subsequent offense ."
To insert an amended section (8) to read as follows : "A peace officer or authorized
parking enforcement official may check the identification of any person using an
City Council Minutes August 13, 2012 Page 7
identifying license plate or placard in order to determine whether such use is
authorized."
Motion to amend seconded by Mrs. Jay; carried 7-0
Main motion carried 7-0.
ORDINANCES ON FIRST READING
.Q. Council Bill No. 14-2012-An Ordinance amending Section 26-603 of Chapter 26
of the Wheat Ridge Code of Laws, concerning Regulation of Sight Distance
Triangles and Swimming Pool Fences (Case No. ZOA-11-06)
Mr. Pond introduced Council Bill No. 14-2012.
This ordinance seeks to resolve two fence issues in one section of our zoning
code: sight distance triangles and swimming pool fences. The goals are to:
• Improve the ability to field locate a sight distance triangle;
• Update the vertical clear zone dimensions to align with national standards;
• Standardize how to measure for sight distance triangles and clear zones;
• Align zoning and building codes related to swimming pools fences; and
• Improve clarity and organization within the City code.
Motion by Mr. Pond to approve Council Bill No. 14-2012, an ordinance amending
section 26-603 of chapter 26 of the Wheat Ridge code of laws, concerning regulation of
sight distance triangles and swimming pool fences, on first reading, order it published,
public hearing set for Monday, August 27, 2012 at 7:00 p.m. in City Council Chambers,
and that it take effect 15 days after final publication; seconded by Mr. Stites and Mr.
DeMott; carried 7-0.
§.. Council Bill No. 15-2012 -An Ordinance submitting a proposed Amendment of
the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter
Section 16.8(b), setting the Ballot Title for same.
Ms. Davis introduced Council Bill No. 15-2012 . This amendment to the City Charter
would provide for the election of all city officials by popular vote -whoever gets the
most votes wins. This change would eliminate the possibility of any future expensive
run-off election.
Motion by Ms. Davis to approve Council Bill No. 15-2012, an ordinance submitting a
proposed amendment of the Wheat Ridge Home Rule Charter to the voters of the City
pursuant to charter section 16.8 (b), and setting the ballot title for the same on first
reading, order it published, public hearing set for Monday, August 27th, 2012 at 7:00
p.m. in City Council Chambers; seconded by Mr. Starker; carried 7-0.
City Council Minutes August 13, 2012 Page 8
z. Council Bill No. 16-2012-An Ordinance amending Section 16-103 of the Wheat
Ridge Code of Laws concerning Unreasonable Noise and providing for a Special
Events Permit for Amplified Sound on Private Property.
Mr. DeMott introduced Council Bill No. 16-2012. This ordinance amends the present
noise ordinance and creates a special permit program for amplified sound at outdoor
events on private property. Date and time limits will be imposed and other conditions
are permitted. The ordinance provides for a limited exemption from the City's noise
ordinance, Code 16-103.
Motion by Mr. DeMott to approve Council Bill No. 16-2012 an ordinance amending
Section 16-103 of the Wheat Ridge Code of Laws concerning unreasonable noise and
providing for a special events permit for amplified sound on private property on first
reading, order it published, public hearing set for Monday, August 27, 2012 at 7 :00p.m.
in City Council Chambers , and that it take effect 15 days after final publication;
seconded by Mrs. Langworthy.
Motion by Mr. Stites to amend section 16-103(b)(1) and (b)(3) to read as follows :
(1) Any noise or sound which is audible from a mobile noise or sound source or
from any loudspeaker, public address system, or other sound amplifying
equipment in a motor vehicle in such a manner as to be plainly audible at
twenty-five (25) feet IN ANY RESIDENTIAL DISTRICT, AND AT FIFTY (50)
FEET IN ANY COMMERCIAL OR INDUSTRIAL DISTRICT.
(3) Any noise, sound source or any person or group of persons engaged in loud
and continuing activities which are audible twenty-five (25) or more feet from the
noise source IN ANY RESIDENTIAL DISTRICT, AND FIFTY (50) FEET FROM
THE NOISE SOURCE IN ANY COMMERCIAL OR INDUSTRIAL DISTRICT at
the property line of the property upon which the noise source is located or upon
which such activities are taking place and continuing for a minimum of fifteen (15)
minutes.
Motion by Mr. Pond to amend the amendment by striking the words "IN ANY
RESIDENTIAL DISTRICT, AND AT FIFTY (50) FEET IN ANY COMMERCIAL OR
INDUSTRIAL DISTRICT" in paragraph (1) ; and in paragraph (3) to strike the words "at
the property line of the property upon which the noise source is located or upon which
such activities are taking place", and add the words "or more" after the numeral (50) in
paragraph (3); seconded by Mr. Starker; carried 7-0 .
Mr. Stites' original amendment carried 7-0.
The main motion as amended carried 7-0.
City Council Minutes August 13, 2012 Page 9
DECISIONS. RESOLUTIONS, AND MOTIONS
~ Motion to accept the 2011 Comprehensive Annual Financial Report (CAFR)
Motion by Mrs. Jay to accept the 2011 Comprehensive Annual Financial Report from
Swanhorst & Company, LLC; seconded by Mr. Stites and Mr. DeMott; carried 7-0 .
Wendy Swanhorst explained that the audit is clean (i.e. shows no problems with the
City's finances as reported). She added that the review of the federal grant money
(over $500,000) showed everything to be in order and made note of a few very minor
suggestions for staff.
Motion carried 7-0.
Motion to approve the use of the City-Owned Parking Lot at 7150 W . 38th
Avenue, closure of N . High Court between 38th and 39th Avenues, and placement
of banners on City-Owned Pedestrian Lights between Harlan Street and
Sheridan for the 38th Avenue Grand Opening .
The event will include a ribbon cutting , a market festival, a beer garden , and an outdoor
movie.
Motion by Mr. Starker_approve the use of the City-owned parking lot at 7150 W . 38th
Avenue , closure of N. High Court between 38th and 39th Avenues , and placement of
banners on City-owned pedestrian lights between Harlan Street and Sheridan for the
38th Avenue Grand Opening on September 22"d , 2012 ; seconded by Mr. Stites; carried
7-0.
CITY MANAGER'S MATTERS
Patrick reported there is another Civic Citizen Academy scheduled for October 9, 16, 23
and 30 . People should contact the City if they want to attend . A minimum of 12 people
are needed to hold the classes. He also announced that the Rec Center will be closed
August 27-31 for annual cleaning. Rec Center passes will be honored at the Golden
Rec Center that week .
CITY ATTORNEY'S MATTERS
CITY CLERK MATTERS
ELECTED OFFICIALS' MATTERS
Mayor DiTullio reminded everyone about the Carnation Festival and the Circus this
weekend, and reported the Live Local events are doing well.
City Council Minutes August 13 , 2012 Page 10
Mr. Stites stated it is a good time to relocate your home or business to Wheat Ridge ,
that people should cut their weeds and/or help their elderly neighbors cut their weeds ,
and , as always , please try to "f ind it and buy it in Wheat Ridge ".
Mrs. Langworthy encouraged people to watch out for little ones next week when
school starts. Children get excited about school starting and they may not be watching
very well.
Mrs. Jay announced that the Carnation Festival is in dire need of volunteers . People
can look at thecarnationfestival.com to sign up for a 2-hour shift.
The Mayor closed by thanking the staff for all the work they have put in on the sound
ordinance .
Meeting adjourned at 9:15pm.
nelle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON August 27 , 2012 BY A VOTE OF __ to __
Mike Stites , 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 .
~ l #
_ ... ~ r City of •
:P"WheatR.i._dge
ITEM NO: I. (l..
DATE: August 27 , 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO INSIGHT PUBLIC
SECTOR, INC. IN THE AMOUNT OF $51,618.51 FOR THE
ANNUAL RENEWAL OF THE MICROSOFT ENTERPRISE
AGREEMENT
0 PUBLIC HEARING
C8] BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR I ST READING
0 ORDINANCES FOR 2ND READING
D YES
City Manager
This is a scheduled and budgeted replacement of obsolete Microsoft software licenses at all
municipal facilities and the support and maintenance that is inherent with upgrades or new
software. The annual renewal of licensing and support will cost $51 ,618.51 which was
approved in the 2012 Infonnation Technology (IT) budget.
PRIOR ACTION:
This will be the seventh renewal of the Microsoft Enterprise Agreement.
FINANCIAL IMPACT:
The 2012 IT Division budget includes $65 ,000 for the annual renewal of the Microsoft
Enterprise Agreement.
BACKGROUND:
This is our seventh year participating in the Microsoft Enterprise Agreement (EA) program and
Staff recommends the renewal of the agreement for another year.
Prior to 2005 , software licensing control and purchases were decentralized , non-standardized ,
and recordkeeping was sporadic and incomplete. In 2005 , based on an IT evaluation of the status
of the City's software needs and requirements , Staff decided to leverage the City's purchasing
Council Action Form
August 27 , 2012
Page2 . .... . .
power by engaging Microsoft in a five-year agreement to get the City properly licensed. Staff
also decided at that time to manage all the software within the IT Division.
As a result , the City has been compliant with Microsoft's licensing rules and regulations as of
2005. In addition , this program allows for discounts on software licenses , professional services
and planning and training vouchers from Microsoft. Staff has used these services to implement
the Outlook web application , upgrade to Exchange 2010 , Windows 7, Office 2010 and other
software.
RECOMMENDATIONS:
Staff recommends approval of the annual renewal for the Microsoft Enterprise Agreement
because the program has been successful for the City of Wheat Ridge.
RECOMMENDED MOTION:
"I move to approve payment to Insight Public Sector Inc., in the amount of $51 ,61 8.51 for the
annual renewal of the Microsoft Enterprise Agreement."
Or,
"I move to deny payment to Insight Public Sector Inc. in the amount of $51 ,618.51 for the annual
renewal of the Microsoft Enterprise Agreement for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Michael Steinke, IT Manager
Heather Geyer, Administrative Services Director
ATTACHMENTS:
1. Insight Microsoft Quote # 14472656
Insight Insight Public Sector
22721 E Mission
Liberty Lake, WA 99019
From: OTHER US GOVT TEAM 2
colorado@insight .com
800-269-2523 -Phone
866-433-0064-Fax
FEIN 36-3949000
Duns 827968483
Cage 575H6
Quote#: 14472656
Quote #: 144 72656
Quote date: 6-Aug-12
Prepared by: TONE TUSKAN
Thank you for the opportunity to quote on the following products . All prices are subject to change without notice and are exclusive of taxes ,
duties , or tariffs .
For order placement , or if you have any additional questions please contact your Insight dedicated representative . Purchase orders are
received via fax or e-mail and should be made out to Insight Public Sector, Inc. We look forward to helping you in the future . The
information herein is confidential.
Billto No: 220362
B CITY OF WHEAT RIDGE
I 7500 W 29TH AVE
L Wheat Ridge , CO 80033
L US
T
0
Comment:
SO 13975420/PO 60481
Line No Insight Part Mft Part 10
10
~ M141940 A07-00042
g 2 M151163 H30..{)0238
~ 3 M141985 087..{)1159
B 4 M141898 312..{)2257
~ 5 M173674 359..{)0792
B 6 M196519 228..{)4433
B 7 M196514 228..{)3148
£1 8 M230805 J3A-00162
g 9 M178556 P72-00188
g 10 M178559 P73-00226
Part Description
MS EA Desktop Pro SA All Lang
s us
H
I
p
T
0
MS EA Project Pro 32 Bit 1/Vin SA All Lang
MS EA Visio Pro 32 Bit Wn SA All Lang
•
MS EA Exchange Server SA All Lang
MS EA SOL CAL Wnt SA All Lang
MS EA SOL Server Standard Ed 32 Bit 1/Vin SA All Lang
MS EA SOL Server Standard Ed 32 Bit Wn SA 1 Proc All
Lang
MS EA System Ctr Config Mgr Server Wnt SA All Lang
MS EA 1/Vindows Server Ent Wnt SA All Lang
MS EA 1/Vindows Server Standard Wnt SA All Lang
Attachment 1
Qty Unit Price
275 147.25
10 168.36
.
5 86.35
114 .81
50 26 .53
2 145.56
2 1,163.79
93.95
5 382 .54
25 117.71
Ext Price
40,493 .75
1,683 .60
431 .75
114.81
1,326 .50
291 .12
2,327.58
93 .95
1,912.70
2,942.75
Page 1 of 2
Key
NR · Non-returnable
• • Item will ship direct from manufacturer's warehouse
Q · Non-shippable/invoice only part
• This part requires a contract before an order may be placed
Subtotal:
Freight:
Handling Fee:
Total:
51 ,618 .51
0 .00
0 .00
51 ,618 .51 USD
• Please note • freight is an estimate only
Unless otherwise agreed by Insight in writing, payment is due 30 days from date of invoice. For a full copy of Insight's terms and
conditions , which shall be in effect unless otherwise agreed by Insight in writing , go to
https ://shop .insight.comlcontent/en-us/termsofsale .asp
Page 2 of 2
~A~
..... , " City of •
r wheatR.i__dge
ITEM NO: ___h_l! •
DATE: August 27,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO ACCEPT INDEPENDENCE STREET RIGHT-
OF-WAY FROM THE CITY OR ARVADA
D PUBLIC HEARING
rgj BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (rnrnldd/yyyy)
0 ORDINANCES FOR 2ND READING (rnrnldd/yyyy)
~~t:::-~ES
Director of Public Works
ISSUE:
A small portion of Independence Street within the City of Wheat Ridge is owned by the City of
Arvada. Arvada has Quit Claimed the property to Wheat Ridge.
PRIOR ACTION:
None
FINANCIAL IMPACT:
None
BACKGROUND:
The City has recently disconnected the south 100+ feet of Arvada's Tomlinson's Park so that it
can be annexed into Arvada. In conjunction with this action , Arvada agreed to deed the west 30
feet of the original tract, which is in Independence Street within Wheat Ridge, to Wheat Ridge.
This action corrects a long-standing Right-of Way inconsistency.
RECOMMENDATIONS:
Staff recommends that the Quit Claim Deed be accepted by the City.
V :\Forms\CAFte mpl a te
Council Action Form
August 27, 2012
Page2 •
RECOMMENDED MOTION:
"I move to accept the Independence Street Right-of-Way from the City of Arvada."
Or:
"I move to refuse the Independence Street Right-of-Way from the City of Arvada for the
following reason(s) "
REPORT PREPARED BY;
Tim Paranto, Director of Public Works
ATTACHMENTS:
1. Independence Street Deed & Exhibit
QUIT CLAIM DEED
THIS DEED, made this ~ day of ~u )t" , 2012, between the City of Arvada, Colorado, a home rule
municipal corporation, of the Counties of Je erson and Adams, grantor, whose legal address 1s 81 01 Ralston Road , Arvada,
CO 80001-8101 , and the City of Wheat Ridge, Colorado, a home rule municipal corporation, ofthe County of Jefferson,
grantee, whose legal address is 7500 West 29th Avenue, Wheat Ridge, Colorado 80033.
WITNESSETH, That the grantor, for and in consideration of the sum ofTen Dollars ($1 0) and other good valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT
CLAIMED, and by these presents does remise, release, sell, and QUIT CLAIM unto the grantee, its successors and assigns
forever, all the right, title, interest, claim and demand which the grantor has in and to the following real property, situate,
lying and being in the County of Jefferson, State of Colorado, described as follows :
SEE EXHIBIT "A", attached hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor,
either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the grantor executed this deed on the date set fo
~4U
Secretary1 City Clerk
STATE OF COLORADO
C OUNTY OF JEFFE RSON
,,,\111111/J,, ,,, 1/ ,,, oF A~t-/.1~ ~--~~ ..... ~ ~ .... ·~ . . ~~ ,. ~~· * .-.;..~~ _,). .-,-;.
_ :SEAL : :
~.· .. ::: ~ ·. * .· ~ ~ Cl '···· 0$' ) ..... .~.~/ 0.toR"~ ,,, ,,, ,,,,
) ss. 111 II Ill\\\
)
ove.
The foregoing in strument was acknowledged before me this ,7 -/!:-day of t2<.cf«d 1-
IY\o.. t=C W ; l \ i d1n j as ~t.}C of City of Arvada.
,2012,by_
·i!;oo~ (SEAL)
My commis sion expires : J D \ I 3) 15
KRISTEN R. RUSH
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 10/13/2015
Q IT C LAIM DEED
APP
Attachment 1
Exhibit 'A'
Arvada Channel, Portion of Parcel 7
W. 50 111 Ave. & Independence St. Right-of-Way
(Page 1 of 2)
(All Books, Pages, and Reception Nos. cited herein refer to the records of the Jefferson County Clerk and
Recorder)
A portion of Parcel7 as described in special warranty deed to the City of Arvada at Reception No. 2007107818,
said parcel also being a portion of the 100 foot strip previously owned by Public Service Company of Colorado
(PSCO) as described in Book 722, Page 172 (Reception No. 1951504886) and situated in the Northwest One-
Quarter of the Southwest One-Quarter (NWY.,SWY..) of Section 15, Township 3 South, Range 69 West, of the
Sixth Principal Meridian , in the City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly
described as follows:
All of said Parcel? as described at Reception No. 20071078181ying in the NWY.,SWY. of said Section 15.
The parcel described above contains a total area of 3,120 square feet (0.072 acres), more or less.
Prepared by: Wilhelm J . Dougherty, PLS 23496
City of Arvada
P.O. Box 8101
Arvada , CO 80001-8101
Date : February 13, 2012
0' 30' 60'
!"! -
1) This Exhibit is not a monumented survey or land survey plat.
It Is Intended only to depict the attached legal desaiptlon.
2) All Books, Pages, and Reception Nos . refer to records
of the Jelf~rson County Clerk and Recorder.
Area = 3,120 sq. ft.
(0.072 acres :1:)
/
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City of Arvada
P .0. Box 8101
Arvada, CO 80001-8101
\
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NE cor. NW'A,
SW'A, Sec. 15
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EXHIBIT A
(Page 2 of2)
... ~ ~ "
... ~ r City of •
JP'WlieatR!_dge
ITEM NO:~·
DATE: August 27 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD RFB-12-28-0N-CALL TRAFFIC
SIGNAL MAINTENANCE & REPAIR SERVICES TO W.L.
CONTRACTORS, INC. OF ARVADA, COLORADO, IN AN
AMOUNT NOT TO EXCEED $55,000
D PUBLIC HEARING
~ BIDS/MOTIONS
0 RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
QUASI-lUDIC ~ _.:;):. YES
~~ .. ff-
Public Works Director City Manager
ISSUE:
The Public Works Department is requesting award ofRFB-12-28 , On-Call Traffic Signal
Maintenance & Repair Services . These services are needed in order to provide for the ongoing
maintenance and repair of traffic signals located within the City ofWheat Ridge as determined
by staff. Based upon bid requirements and experience, Staff recommends award to W .L.
Contractors, Inc. of Arvada, Colorado.
PRIOR ACTION:
None
FINANCIAL IMPACT:
The funds for traffic signal maintenance and repair services are budgeted in the 2012 Public
Works Department General Fund budget, account number 01-303-700-704 , Contractual
Services. The total approved budget amount for on-call traffic signal maintenance and repair
services is $55 ,000.
BACKGROUND:
Bids received for RFB-12-28 , On-Call Traffic Signal Maintenance & Repair Services
were opened on Wednesday, July 25 , 2012 . Two bids were received. The apparent low ,
fully responsive bidder is W.L. Contractors , Inc. of Arvada, Colorado . W.L. Contractors
is the City's current on-call contractor and has performed well over the last three years.
Council Action Form
August 27 ,2012
Page 2
RECOMMENDATIONS:
Based upon the compliance with bid specifications and experience, Staff recommends
award to the low bidder, W.L. Contractors, Inc . of Arvada, Colorado for the designated
services .
RECOMMENDED MOTION:
"I move to award RFB-12-28 , On-Call Traffic Signal Maintenance & Repair Services to W.L.
Contractors, Inc. of Arvada, Colorado in an amount not to exceed $55,000."
Or,
"I move to deny award of RFB-12 -28 , On-Call Traffic Signal Maintenance & Repair Services to
W .L. Contractors, Inc. of Arvada, Colorado for the following reason(s): ______ _
REPORT PREPARED/REVIEWED BY:
Greg Knudson, Operations Manager
Tim Paranto , Public Works Director
Jennifer Nellis , Purchasing Agent
ATTACHMENTS:
1. Bid Tab Summary
"
.. ,
" • r ily of -J?'\Vlieat:~ge
RFB-12-28 REQUESTED BY: GREG KNUDSON, PUBLIC WORKS OPERATI~
ON-CALL TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERV ICES OPENED BY: JENNIFER NElUS, PURCHASING AGE }(\
BID DUE DATE: WEDNESDAY, JULY 25,2012 AT 2 PM LOCAL TIME WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIA n{
VENDOR Sturgeon Electric Company W. L .Contractors, Inc .
lOCATION Henderson, CO Arvada, CO
BIDDER INFORMATION FORM YES YES
ACKNOWLEDGEMENT OF ADDENDA N/A N/A
ILLEGAL ALIEN COMPLIANCE YES YES
DETAIL OF WARRANTY 1 YEAR, PARTS/LABOR 1 YEAR, PARTS/LABOR
CERTIFICATIONS YES YES
RESPONSE TIME/SERVICE YES YES
REFERENCES YES YES
ATIACHMENT B PRICE SCHEDULE YES YES
SIGNALS MAINTENANCE, IF REQUESTED : QTY UNIT PRICE TOTAL QTY UNIT PRICE TOTAL QTY UNIT PRICE TOTAL
INTERSECTION VEHICLE SIGNAL 31 $679.00 $21,049.00 31 $210.00 s 6,510.00 31 $ -
MID -BLOCK PEDESTRIAN SIGNAL : 6 $349.00 $ 2,094 .00 6 $127 .00 $ 762 .00 6 I $ -
EQUIPMENT JoiOURLY' RATE : HOURLY RAT£ HOURLY RAT£ HOURLY RATE
BUCKET TRUCK s 22.00 s 29.00
BOOM/DIGGER TRUCK $ 27.00 s 75.00
AIR COMPRESSOR s 4 .00 $ 5.00
SERVICE/UTILITY TRUCK s 11.00 $ 20.00
FRONT -END LOADER s 26.00 $ 25.00
BACKHOE/TRENCHER $ 25.00 $ 25 .00
OTHER $ -$ -
PERSONNEl HOURLY RAT£: HOURLY RATE HOURLY RAT£ HOURlY RAT£
SUPERVISOR s 80.00 $ 55.00
FOREMAN s 75.00 $ 50.00
SIGNAL TECH 2/ ELECTRICIAN , s 70.00 $ 50.00
SIGNAL TECH 1/ APPREOnCE ELECTRICIAN s 55.00 $ 45.00
MASTER ELECTRICIAN s 120.00 s 65.00
OPERATOR '$ 63 .00 s 45.00
LABORER/ GROUNDSMAN s 43 .00 $ 35.00
TRAFFIC SIGNAL DESIGN ENGINEER $ 195.00 $ 125.00
OTHER $ -s -
UNIT COSTS : EACH EACH EACH
6X40 DETECTOR LOOP/ASPHALT, LABOR/MAT. s 1,400.00 $ 750.00
-
6X40 DETECTOR lOOP/CONCRETE , FURN/INSTAU $ 1,600.00 s 800.00
LAMP CHANGE, STANDARD INCANDESCENT, LABOR $ 6 .00 $ 25 .00
PARTS COSTS : P·ERCENTAGE PERCENTAGE PERCENTAGE
COST PLUS MARK-UP 15% 15%
OR, DISCOUNT OFF LIST PRICE 15% N/A
RESPONSE TIME: HOURS HOURS HOUIRS
NORMAL RESPONSE TIME 24 hours 1 hour
EMERGENCY RESPONSE TIME 2 hours 1 hour
Page 1 of 1 Attachment 1
"~ ~,
-~ .,. City of •
JP"WheatRi_dge
ITEM NO: :1.
DATE: August 27 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 14-2012-AN ORDINANCE AMENDING
SECTION 26-603 OF CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS, CONCERNING REGULATION OF SIGHT
DISTANCE TRIANGLES AND SWIMMING POOL FENCES
(CASE NO. ZOA-11-06)
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
ISSUE:
D ORDINANCES FOR 1ST READING (8/13 /2012)
1:8] ORDINANCES FOR 2 ND READING (8 /27/2012)
D YES
tor
Current regulations related to sight distance triangles are difficult to apply, enforce, and explain.
In the same section of the zoning code, requirements for swimming pool fences do not
correspond with adopted versions of the building code. The attached ordinance seeks to resolve
these two issues and address the following central goals:
• Improve the ability to field locate a sight distance triangle;
• Update the vertical clear zone dimensions to align with national standards ;
• Standardize the method of measurement for the sight distance triangle and clear zone;
• Align zoning and building codes related to swimming pool fences ; and
• Improve clarity and organization within the City code.
PRIOR ACTION:
Staff presented the issue to City Council at a Study Session on June 18 , 2012, and was directed
to proceed with the code amendment. At a public hearing on July 19 ,2012 , Planning
Commission voted to recommend approval of the proposed ordinance; meeting minutes are
attached. The ordinance was introduced on first reading on August 13 ,2012.
FINANCIAL IMPACT:
The proposed ordinance is not expected to have a financial impact on the City.
Council Action Form
August 27 ,2012
Page 2 ,.
,. ' , .
BACKGROUND:
Prior Code Amendments
Sight triangle standards have existed in the Code of Laws since the City's first zoning code was
adopted in 1972. In the mid-1990s, proposed code amendments sought to address conflicting
height standards established in four separate code sections (Case Nos. ZOA-93-01 and ZOA-96-
08). At that time, 84 and 96 inches were established as upper limits of the vertical clear zone.
The contents of the case files do not indicate why the upper limit of 84 inches was ultimately
selected in 1996.
When the zoning code was repealed and reenacted in 2001, the lower limit ofthe clear zone was
reduced from 42 inches to 36 inches for sight triangles along arterial and collector streets. The
standards related to sight triangles and clear zones have not been amended since 2001.
Sight Distance Triangle
The code establishes a sight distance triangle as the horizontal area adjacent to the intersection of
two streets , a street and an alley, or a street and a driveway. Currently, the sight distance triangle
is measured along the property line or right-of-way line as shown in image A, below. This
method makes it nearly impossible to field locate the sight distance triangle , and in some cases
the triangle area can encroach severely onto private property.
Additionally, the location of the sight triangle does not currently align with the location from
which the vertical clear zone is measured-the latter is measured vertically from the curb and
gutter flow line or from the edge of pavement if no curb is present.
The proposed method for measuring the sight distance triangle is along the flow line or edge of
pavement which can be easily located in the field and will result in a sight distance triangle that
is positioned at the true comer of intersection. The length of the sight distance triangle depends
on the type of intersection, and there is no change proposed for those measurements.
I
·~--. _j
I
15' 25'
A. The sight triangle is currently measured along the
property line which is difficult to field locate.
__ ,_.
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--;s:-· ---;s;-L Flow line 1 Edge of Paveme-nt !==::2:;::5, :...1
B. The sight triangle is proposed to be
measured along the visible curb and gutter
flow line or edge of pavement.
55 '
Council Action Form
August 27, 2012
Page 3
Vertical Clear Zone
The vertical clear zone is the area above the sight distance triangle. The clear zone needs to
remain free from obstruction in order to provide drivers with a clear view of approaching motor
vehicles, bicycles, and/or pedestrians. Currently, the vertical clear zone is measured from the
flow line or edge of pavement, and there is no change proposed to this method of measurement.
For intersections that include a collector or arterial street, the lower limit of the clear zone is
currently regulated at 36 inches. The lower limit for all other clear zones is 42 inches above the
flow line or edge of pavement. There is no change proposed for these lower limits.
The upper limit is currently established at
84 inches or seven feet, and the attached
code amendment proposes raising this
upper limit to 96 inches or eight feet.
This change will ensure that the clear
zone accommodates the sight line of
truck drivers. The proposed change also
aligns City code with the
recommendations of AASHTO
(American Association of State Highway
and Transportation Officials) which
establishes national standards for the
design of streets and roadways.
Sight Triangles in Other Communities
This diagram is proposed to be incorporated
into the code to illustrate the regulated clear zone.
The proposed code amendment is consistent with the sight triangle standards of other Front
Range communities. Of the 16 communities surveyed, ten establish an upper limit for the
vertical clear zone at 96 inches or higher. Twelve communities clearly state that the sight
distance triangle is located along the curb line, flow line or edge of pavement.
Swimming Pool Fences
In addition to sight triangle requirements, section 26-603 of the code establishes fence standards
related to height and materials . Subsection 26-603.0.2 requires a six-foot (72 inch) self-locking
fence around swimming pools. This zoning code requirement is in conflict with adopted
versions of the International Residential Code (IRC) and International Building Code (ffiC)
which establish a minimum barrier height of 48 inches and which provide additional guidance
regarding barriers and access .
The proposed changes to section 26-603.0.2 of the code will remove from the zoning code the
six-foot height requirement for swimming pools and will instead defer to the International
Residential or Building Code, as applicable.
Next Steps: Implementation and Enforcement
Staffhas met with the Forestry Division and with Community Service Officers to discuss the
implementation and enforcement of the proposed sight triangle standards. Both divisions
Council Action Form
August 27 , 2012
Page4
support the proposed code amendments and agree that the sight distance triangle will be easier to
locate in the field and easier to communicate to citizens.
Staff recognizes that for some tree species or for immature trees, trimming to 96 inches will be
inappropriate, so discretion will be used to reasonably enforce the new standard. Code
enforcement officers have confirmed enforcement will continue primarily on a complaint basis.
In the case of public safety hazards, enforcement will be proactive.
If the proposed code amendment is approved , public outreach and education will help to reduce
violations-an interdepartmental strategy is proposed to include new informational handouts, an
article in the Conn ections newsletter, and/or a Top of the Hour segment on Channel 8 .
RECOMMENDATIONS:
Staff recommends approval of the ordinance. Ultimately, this code amendment will improve
clarity and consistency in the City code. The amendment will align the vertical clear zone with
national safety standards and will improve the ability to explain and field locate a sight distance
triangle.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 14-2012, an ordinance amending section 26-603 of chapter
26 of the Wheat Ridge code of laws concerning regulation of the sight distance triangles and
swimming pool fences on second reading and that it take effect 15 days after final publication.
Or,
"I move to postpone indefinitely Council Bill No. 14-2012, an ordinance amending section
26-603 of chapter 26 of the Wheat Ridge code of laws, concerning regulation of the sight
distance triangles and swimming pool fences , for the following reason(s) ________ "
REPORT PREPARED BY:
Lauren Mikulak, Planner I
Meredith Reckert Senior Planner
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
I. Council Bill No . 14-2012
2. Planning Commission Meeting Minutes, July 19,2012
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER POND
COUNCIL BILL NO. 14
ORDINANCE NO. ___ _
Series of 2012
TITLE: AN ORDINANCE AMENDING SECTION 26-603 OF
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS,
CONCERNING REGULATION OF SIGHT DISTANCE
TRIANGLES AND SWIMMING POOL FENCES
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the
Home Rule Charter and the Colorado Constitution and statutes to enact and enforce
ordinances for the preservation of the public health, safety and welfare; and
WHEREAS, in the exercise of that authority, the City Council of the City of
Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the
"Code") pertaining to zoning, land use, and development; and
WHEREAS, the Wheat Ridge City Council ("Council") has previously enacted
regulations concerning the location and measurement of the sight distance triangle and
clearzone;and
WHEREAS, the City has identified a need to update the vertical clear zone
dimensions to align with national standards; and
WHEREAS, the City has further identified a need to standardize the method of
measurement for sight distance triangles and the clear zone; and
WHEREAS, the zoning and building codes need to align as they relate to fencing
and access for swimming pools and spas.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Subsection 26-603.8 of the Code, concerning sight distance triangle
requirements, is hereby amended as follows:
B. Sight distance triangle requirement. Where property abuts the intersection of two
streets: the intersection of an alley and a street: or the intersection of a driveway and a
street. unobstructed view shall be provided and maintained at all times within the sight
distance triangle and clear zone as described in this subsection.
1. No divisional tense, wall, hedge or landssaping , sign, strusture, parked vehisle ,
or other obstrustion to view in exsess of forty two (42) inshes high, exsept for
permitted landssaping, signs , publis utility poles, and approved desorative , open
type tenses not in exsess of six (6) feet in height, shall be established or
Attachment 1
maintained within the triangular area bounded by the lot lines and a line
connecting points on each lot line either twenty five (25) feet from the intersection
of such lot lines for local and private streets or fifty five (55) feet from the
intersection of such lot lines for collector or arterial streets. The height shall be
limited to thirty six (36) inches at intersections where at least one (1) of the
intersecting streets is an arterial or collector (Class 1 through 5 streets) and
frontage roads. For corner lots bounded by public streets or private drives with
vertical curves and where the application of the standard sight triangle
regulations does not provide adequate sight clearance to protect the public
safety, the city shall determine the necessary vertical height clearance and the
sight triangle dimensions in order to ensure a safe sight distance.
2. The same height limitations shall apply to the intersection of dri\'mvays and
public streets, except that the sight distance triangle may be reduced to fifteen
(15) feet. Street trees required by section 26 502 and signs allowed by article VII
may be permitted within the regulated sight distance triangle; provided that the
area between thirty six (36) or forty two (42) inches, whiche'ler is applicable, and
eighty four (84) inches high is maintained free and clear of obstruction; and
further provided that a sign pole does not exceed one ( 1) foot in diameter.
3 . The sight distance requirement at the intersection of an alley with any street shall
be fifteen (15) feet measured along the street right of way and fifteen (15) feet
measured along the alleys. Fences, landscaping and other potential obstructions
to 'liew located within these sight distance triangles shall be limited in height to
forty two (42) inches, unless the intersecting street is an arterial or collector
(Class 1 through 5 streets), in which case the height shall be limited to thirty six
(36) inches.
4. The vertical clearance distance for drivmvays shall be measured from the edge of
the dri\'eway or curb cut at the right of way line, and for street corners or alleys
from the flowline, or if no curb exists, from edge of pavement. The following chart
and drawing illustrate the minimum unobstructed sight triangles. See Figure 26
603.1.
Arterial or
Collector
besat
Maximum t=ieight of Gbstruction
In c,..,,.,, ,;,.,..,r! Cinh+ T,.;,.,. .... ,.,,,..,.,.
·~'1~"
Corner bot
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36" all uses
42", unless SF or duplex, then no
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Figure 26 603.1
Sight DistaRGe TFiaRgles
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1. Sight distance triangle. The sight distance triangle is the horizontal area at the
intersection of two streets: a street and an alley: or a street and a driveway. Two
sides of the triangle are measured from the corner intersection along the curb
and gutter flow line. or if no curb exists. from the edge of pavement. for a
distance specified below:
a. Streets. collector or arterial: 55 feet
b. Streets. local or private: 25 feet
c. Alleys: 15 feet
d. Driveways: 15 feet
The third side of the triangle is a line across the corner joining the other two
sides. Where an intersection has rounded corners. the sides will be extended in
a straight line to a point of intersection. as shown in Figure 26-603.1.
·----·-·------1.
---·-·
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i Driv way
15'
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25'
Local Street
Figure 26-603.1 -Sight Distance Triangle
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2. Vertical clear zone. The vertical clear zone is the area above a sight distance
triangle in which obstructions shall be minimized to provide a clear view.
a. Height. The clear zone is measured vertically from the curb and gutter flow
line. or if no curb exists. from the edge of pavement. If the intersection
3
includes a collector or arterial street. the clear zone is the area between a
height of 36 and 96 inches. For all other intersections. the clear zone is
between 42 and 96 inches. See Figure 26-603.2.
b. Obstructions prohibited. The clear zone shall be free of obstructions. including
but not limited to fences. walls. landscaping. signs. structures. tree canopies
or parked vehicles.
c. Exceptions. Certain obstructions may be approved by the director of public
works (or his/her designee) to be located within the clear zone. These may
include:
i. Approved decorative open type fences that are at least 80% open:
ii. Approved landscaping. such as street trees:
iii. Approved signs. such as pole signs with a diameter of less than 12
inches:
iv. Public utility poles:
v. Obstructions in the driveway sight triangle for single and two family
homes on local streets.
)
Figure 26-603.2 -Clear Zone
.§..; 3. Signalized intersections. At signalized intersections, where both streets are
either collectors and/or arterials, the required sight distances shall be governed
by the standards set forth in the most current edition of the policy on geometric
4
design of highways and streets, published by the American Association of State
Highway and Transportation Officials (AASHTO).
&. 4. Authority of the director of public works. For other signalized intersections
involving local streets, the director of public works (or his/her designee) is
authorized to permit modifications to the sight triangle requirements for special
circumstances in accordance with the standards set forth in the most current
edition of the policy on geometric design of highways and streets, published by
the American Association of State Highway and Transportation Officials
(AASHTO).
For corner lots bounded by public streets or private drives with vertical curves
and where the application of the standard sight triangle regulations does not
provide adequate sight clearance to protect the public safety. the director of
public works (or his/her designee) shall determine the necessarv vertical height
clearance and the sight triangle dimensions in order to ensure a safe sight
distance.
Section 2. Subsection 26-603.G.2 of the Code, concerning swimming pool
fences, is hereby amended as follows :
2. For all swimming pools. hot tubs. spas, and similar aquatic facilities (including
in-and above-ground). required fences and barriers shall conform to the requirements
of the International Residential or Building Code, as applicable. S•.vimming pools shall
be enclosed by a six foot fence, with all gates being self locking and closed and kept
locked when the pool is not in use. In situations where the six foot fence requirement
exceeds other fence height requirements, except for sight distance requirements, the
higher requirement shall control.
Section 3. Safety Clause. The City Council hereby finds , determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 4. Severability: Conflicting Ordinances 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 fifteen (15) days
after final publication, as provided by Section 5 .11 of the Charter.
5
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 13th day of August, 2012, ordered it published with Public Hearing and
consideration on final passage set for Monday, August 27, 2012, 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 , 2012.
SIGNED by the Mayor on this ____ day of _________ , 2012 .
ATTEST:
Janelle Shaver, City Clerk
1st publication: August 16 , 2012
2nd publication :
Wheat Ridge Transcript
Effective Date :
Jerry DiTullio, Mayor
Approved as to Form
Gerald Dahl , City Attorney
6
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.
7. PUBLIC HEARING
A. Case No. ZOA-11-06: An ordinance amending the Wheat Ridge Code of Laws
concerning sight distance triangles and swimming pool fences.
This case was presented by Lauren Mikulak. She
record and advised the Commission there was · ·
the staff report and digital presentation. Staff~D.Aift
outlined in the staff report.
Staff proposes amending section
city code which relates primarily to si~~~"'""
wil1 improve the ability to field locate a
zone dimensions to align with national stanOlQ~
measurement for the sight d stance triangle
pertinent documents into the
to hear the case. She reviewed
OlJI!lf.\I.CWDns to view) of the
ne~oro·no:se<t amendment
Ut><loo;utle vertical clear
11\Gm<J~O 0 f
Sight distance triangles are the a ea ofiotersection streets, a street and a driveway,
or a street and aUey . Staff began king at thiS issue because currently the sight
distance triangle JS measured along he proP,etty line or ri way line. This method
makes it nearly impossible to field locate.ffie sight distance triangle.
Staff recommends that the sight distance ·angle instead be measured along the visible
curb and gutter flow line r a1on the edge f pavement which can be easily located in
the field.
The other component is the ertical clear zone which is the area above the sight distance
triangle. Currently it is establis oo at 84 inches or 7 feet. The proposed change would
raise th.e upper limit to 96 inches or 8 feet. This will ensure that the clear zone
accommodates the sight line of truck drivers.
This proposed change would also align city code with the recommendations of American
Association of State Highway and Transportation Officials (AASHTO) which establishes
national standards for the design of streets and roadways. Steve Nguyen, Engineering
Manager, presented a brief overview of the national standards and explained how these
standards help community engineers across the country.
Commissioner OHM stated that he agreed with changing the method of measuring the
vertical clear zone; however, he is concerned that the lower limit of 42 inches on local
streets is unsafe for areas in which schools are in neighborhoods on local streets. He
stated that he would be in favor of a lower measurement for the lower limit.
Planning Commission Minutes
July 19,2012
Attachment 2
-2 -
In response to a question from Commissioner MA ITH EWS , utility poles may be 12
inches wide in the triangle.
In reply to another question from Commissioner MA ITHEWS regarding driveway
placement and sight distance triangles, driveways on local streets for single and two-
family homes are exempt from sight triangles .
Commissioner MA ITHEWS added that this is a very well written enhancement to the
code.
Staff also recommends an amendment to code for he · · if fences around swimming
pools. The current code requires a 6 foot (72 inch , -locking fence around swimming
pools. This requirement conflicts with adopt fthe International Residential
Code (IRC) and International Building Code ( , wht tablish a minimum barrier
height of 48 inches and which provide additional guidance · ding barriers and access.
It is proposed to remove the 6 foot he· t ~uirement for swt .· g pool fences from
the zoning code and defer to the IRC or IBC as applicable.
ln response to a question fro Commissioner OHM, the City Attorne reviewed this
proposal and finds it accept ~ llowing rev· wand discussion by the Commission,
Chair TIMMS closed the pub · . ong as no members of the public were present to
speak.
Hl~~11iild seconded by Commissioner
nnrnn.~nce amending Section 26-603
~2!:..~~~~~-~0!4:.2: 'Ordinance amending the Wheat Ridge Code of Laws
e mition of family and occupancy limits for zoning purposes .
ceo:;1JV Meredith Reckert. The case was initiated by the Community
Services Unit die Police Department as a result of citizen complaints. Officer
Mary McKenna --..· ,.. .. ,. .. -~ U was present.
The code currently limits to three the number of unrelated individuals who may reside in
a residence as defined by Section 26-123. The code as it is written does not provide
citizens with a clear understanding of the occupancy limits. Although administrative
enforcement of violations is permitted, Officer McKenna stated that it is very
cumbersome to enforce the code because it requires considerable staff hours to
investigate in order to determine an actual violation.
Planning Commission Minutes
July 19 ,2012
-3 -
.... '~ ... .,. City of •
?WheatR!_dge
ITEM NO:~
DATE: August 27,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 15-2012 AN ORDINANCE
SUBMITTING A PROPOSED AMENDMENT OF THE
WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS
OF THE CITY PURSUANT TO CHARTER SECTION 16.8 (b),
SETTING THE BALLOT TITLE FOR SAME
D PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
D ORDINANCES FOR 1ST READING (08/13/2012)
!ZI ORDINANCES FOR 2N° READING (08/27/2012)
QUASI-JUDICIAL: D YES
7]/
{_{
City Attorney
ISSUE:
This ordinance initiates the procedure to call an election to amend the Home Rule Charter to
clarify that all elected positions in the City (Mayor, Treasurer, Clerk and Councilmembers) be
elected by the greatest numbers of votes cast. Existing Charter sections require election by a
majority of votes, raising the potential for runoff elections.
PRIOR ACTION:
The City Council considered this item at a study session and directed the initiation ofthis Charter
amendment pursuant to Charter Section 16.8 (b). First reading took place on August 13.
FINANCIAL IMPACT:
The amendment eliminates the potential for a runoff election. The runoff election for City Clerk
resulting from the November 2011 election cost approximately $34,000.
BACKGROUND:
Charter Sections 3.1, 3.7, 3.9 and 4 .3 govern, respectively, the requirements for election of the
Mayor, City Clerk , City Treasurer, and Councilmembers. The procedure for all officers except
Councilmembers specifically requires election by a majority of votes cast; the procedure for
election of Councilmembers is silent on that point (except for a reference governing the
transiti~al election in 1997). Requjring a majority of votes for election means that a runoff
electi<1n *-'ill sometimes be required, as took place following the November 2011 election for
City Clerk.
City Council has the authority to initiate a charter amendment by ordinance (Charter Section
16.8(b ); C.R.S. 31-2-21 0(1 )(b)). In order for the Charter amendment to appear on the November
6, 2012 ballot for the coordinated election, the Council must submit the ballot content to the
County Clerk & Recorder by September 7, 2012. The remaining regular meetings available for
consideration of an ordinance submitting a proposed amendment to the voters on first and second
reading are August 13 and August 27, respectively.
The ordinance must set a ballot title (C.R.S. 31-2-21 O(l)(b)) and set out the proposed
amendment in full (Charter Section 16.8 (b); C.R.S. 31-2-210 (1)(b)).
A separate notice and call ofthe election on the amendment (containing the full text of the
amendment) must be published within thirty days of adoption of the ordinance (Charter Section
16.8; C.R.S. 31-2-210 (4)). The City Clerk will accomplish this by separate action.
RECOMMENDATIONS:
Staff recommends Council approve Council Bill No. 15-2012 on second reading.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 15-2012, an ordinance submitting a proposed amendment of
the Wheat Ridge Home Rule Charter to the voters of the City pursuant to charter section 16.8
(b), and setting the ballot title for the same on second reading, and that it take effect upon
adoption."
Or,
"1 move to postpone indefinitely Council Bill No. 15-2012, an ordinance submitting a proposed
amendment ofthe Wheat Ridge Home Rule Charter to the voters of the City pursuant to charter
section 16 .8 (b), and setting the ballot title for the same on for the following reason(s) "
REPORT PREPARED BY:
Gerald Dahl , City Attorney
ATTACHMENTS:
1. Council Bill 15-2012
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DAVIS
Council Bill No. 15
Ordinance No. ___ _
Series 2012
TITLE: AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT OF THE
WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY
PURSUANT TO CHARTER SECTION 16.8 (b) AND SETTING THE BALLOT
TITLE FOR THE SAME
WHEREAS, Section 16.8 (b) of the City Charter ("Charter'') of the City of Wheat
Ridge ("City") permits the City Council to initiate Charter amendments; and
WHEREAS , the City Council wishes to place before the voters at the November
6 , 2012 coordinated election a ballot question to amend the City Charter concerning the
vote required for election of all City officials.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Full text of Amendment. Pursuant to Charter Section 16.8 (b) and C.R.S .
31-2-210(1 )(b) the following proposed amendment to the Wheat Ridge Home Rule
Charter is hereby submitted to the voters of the City for consideration at the coordinated
election to be held November 6, 2012.
Amend Charter Section 3.1 as follows:
Sec. 3.1 Election of mayor.
The mayor shall be elected by a majority \10te of THE GREATEST
NUMBER OF VOTES CAST FOR THAT OFFICE BY the e lectors of the
City of Wheat Ridge at each general municipal election , and shall have the
same qualifications as members of the council. Commencing with the
general municipal election held on the first Tuesday after the first Monday
in November, 1997, his term of office shall be for four ( 4) years and shall
commence on his taking the oath of office at the ensuing organizational
meeting of the city council held after the election in the year elected and
shall continue during the term for which he shall have been elected until
his successor shall have been elected and duly qualified .
No person shall serve in the office of mayor for more than two (2)
consecutive terms of office . This limitation on the number of consecutive
terms shall apply to terms of office commencing on or after November 4 ,
1997. Any person who succeeds to th e office of mayor, and who serves at
least one-half of a term in the office , shall be considered to have served a
Attachment 1
full term in that office. Terms are considered consecutive unless separated
by at least four (4) full years .
Amend Charter Section 3. 7 as follows:
Sec. 3.7 Election of city clerk.
The city clerk shall be elected by a majority vote of THE GREATEST
NUMBER OF VOTES CAST FOR THAT OFFICE BY the electors of the
City of Wheat Ridge at each general municipal election , and shall have the
same qualifications as members of the council. Commencing with the
general municipal election held on the first Tuesday after the first Monday
in November, 1999, his/her term of office shall be for four (4) years and
shall commence on his/her taking the oath of office at the ensuing
organizational meeting of the city council held after the election in the year
elected and shall continue during the term for which he/she shall have
been elected until his/her successor shall have been elected and duly
qualified.
Amend Charter Section 3.9 as follows:
Sec. 3.9 Election of treasurer.
The treasurer shall be elected by a majority vote of THE GREATEST
NUMBER OF VOTES CAST FOR THAT OFFICE BY the electors of the
City of Wheat Ridge at each general municipal election, and shall have the
same qualifications as members of the council. Commencing with the
general municipal election held on the first Tuesday after the first Monday
in November, 1999, his/her term of office shall be for four (4) years and
shall commence on his/her taking the oath of office at the ensuing
organizational meeting of the city council held after the election in the year
elected and shall continue during the term for which he/she shall have
been elected until his/her successor shall have been elected and duly
qualified.
Amend Charter Section 4.3 to delete subsection (b), to revise subsection (c), and to re-
letter all subsections as follows:
Sec. 4.3 Terms of office.
(a) The terms of office of the councilmembers hereafter to be elected in
accordance with the provisions of this Charter shall commence on
their taking the oath of office at the ensuing organizational meeting
of the city council held after the election in the year elected and
shall continue during the term for which they shall have been
elected until their successors shall have been elected and duly
qualified.
(b) At the general municipal election held on the first Tuesday after the first
Monday in November, 1007, two (2) council members shall be elected from
each of the four (4) council districts, as follows: The candidate receiving
the highest number of votes in each district shall be elected to a four year
term of office, and the candidate receiving the second highest number of
votes in each district shall be elected to a two year term of office.
(b) At the general municipal election held on the first Tuesday after the first
Monday in November OF EACH ODD-NUMBERED CALENDAR YEAR,
1000, and every two (2) years thereafter, one councilmember from each of
the four ( 4) council districts shall be elected to a four-year term of office
BY THE GREATEST NUMBER OF THE VOTES CAST FOR THAT
OFFICE.
(c) It is the intent of this section that councilmembers serve four-year
staggered terms of office with four ( 4) council members elected at each
general municipal election.
Section 2. Ballot Title and Question. The ballot title and question for the proposed
Charter amendment shall read as follows:
SHALL THE HOME RULE CHARTER OF THE CITY OF WHEAT
RIDGE, COLORADO, BE AMENDED TO PROVIDE FOR THE
ELECTION OF ALL ELECTED OFFICIALS OF THE CITY BY THE
GREATEST NUMBER OF VOTES CAST?
YES: NO:
Section 3. Notice and Call of Election. Pursuant to Charter Section 16.8 and
C.R.S. 31-2-210(4), the Council hereby directs the City Clerk to give notice of and call
an election upon the proposed amendment. The election on the proposed amendment
shall be coordinated with Jefferson County as part of the November 6, 2012 election.
Section 4. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 5. Effective Date This Ordinance shall take effect upon adoption, as
permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 13th day of August, 2012, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for August 27, 2012 at 7:00 p.m., in the Council Chambers, 7500 West
29 1h Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of_ to_, this day of , 2012.
SIGNED by the Mayor on this __ day of August, 2012.
ATTEST:
Janelle Shaver, City Clerk
First Publication: August 16, 2012
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
~ "~ ...... ~ ., City of •
JP"WheatR!._dge
ITEM NO: ___!i_
DATE: August 27 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 16-2012 AN ORDINANCE
AMENDING SECTION 16-103 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING UNREASONABLE NOISE
AND PROVIDING FOR A SPECIAL EVENTS PERMIT FOR
AMPLIFIED SOUND ON PRIVATE PROPERTY
rgj PUBLIC HEARING
0 BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
0 ORDINANCES FOR 1sT READING (08/13/2012)
rgj ORDINANCES FOR 2ND READING (08 /27/2012)
0 YES rgj NO
/ '• ~ u~ cQe)Ad City Attorney
ISSUE:
This ordinance amends the present noise ordinance and creates a special permit program for
amplified sound at outdoor events on private property. Date and time limits will be imposed and
other conditions are permitted. The ordinance provides for a limited exemption from the City's
noise ordinance, Code 16-1 03.
PRIOR ACTION:
City Council reviewed the proposed ordinance at several study sessions over the last couple
months. The ordinance was heard on first reading on August 13 ,2012. Amendments on first
reading were made to change the standard for unreasonable noise to the location of the noise
source rather than the property line and to the distance of 50 feet from a commercial or industrial
district rather than 25 feet. These changes are represented by strikethroughs for deletion of text
and capitalization for new text in Sections 1 (a) Definitions "Amplified Sound ", 1 (b )(1) and
1 (b )(3).
V:\Fo rm s\CAFtempla te
Council Action Form
Date
Page 2 .
'.
FINANCIAL IMPACT:
The costs of the special permit program are exclusively staff time in processing applications and
monitoring compliance. This cost will be partially offset by application fees, which are set by the
City Manager.
BACKGROUND:
The City has received requests to permit amplified sound at events on private property. The
City's present noise ordinance, Code 16-103 , would likely prevent these activities. The concept
of an amplified sound special permit is based on special permit systems in Wheat Ridge and
other cities. While there was some interest in applying a numeric decibel (dB) standard to
determine pennit compliance, that approach would require expense for equipment and training.
TI1e attached ordinance instead relies on a "reasonableness" standard. The ordinance establishes
guidelines for the permit program, with permits granted or denied by the City Manager. The
permitted hours and number of penn its per ~ear is left to the administrative discretion of the City
Manager. After first reading on August 13t , Community Development Staff noted that "Mixed
Use Districts" should be included in Sections 16-103 (a) and 16-103 (b) (3), since they are
similar to commercial and industrial districts.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 16-2012 an ordinance amending Section 16-103 ofthe
Wheat Ridge Code of Laws concerning unreasonable noise and providing for a special events
permit for amplified sound on private property on second reading, with the following
amendment: amend subsections 16-103 (a) and 16-103 (b) (3) to include "Mixed Use" after
"Commercial," and that it take effect 15 days after final publication."
Or,
"I move to postpone indefinitely Council Bill No. 16-2012 an ordinance amending Section 16-
103 of the Wheat Ridge Code of Laws concerning unreasonable noise and providing for a special
events permit for amplified sound on private property for the following reason(s) "
REPORT PREPARED BY:
Gerald Dahl City Attorney
ATTACHMENTS:
1. Council Bill No. 16-2012
2. Draft Application and Permit forms
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DeMott
Council Bill No. 16
Ordinance No. ___ _
Series 2012
TITLE: AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING UNREASONABLE NOISE AND
PROVIDING FOR A SPECIAL EVENTS PERMIT FOR AMPLIFIED SOUND
ON PRIVATE PROPERTY
WHEREAS, the City of Wheat Ridge, acting through its City Council, has
authority under Article XX of the Colorado Constitution, its Home Rule Charter and
C.R.S. 31-15-101 et seq. to adopt and enforce requirements for the protection of public
health, safety and welfare; and
WHEREAS, in the exercise of this authority, the Council has previously adopted
Section 16-103 of the Wheat Ridge Code of Laws concerning unreasonable noise; and
WHEREAS, the Council wishes to provide an opportunity for amplified sound on
private property, subject to conditions imposed to protect the interests of the
surrounding neighborhood.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 16-103, entitled "Unreasonable noise; disturbing the peace" of the
Wheat Ridge Code of Laws is amended to read as follows:
(a) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED:
AMPLIFIED SOUND SHALL MEAN THE OUTDOOR USE OR OPERATION
ON PRIVATE PROPERTY OF ANY LOUDSPEAKER, PUBLIC ADDRESS
SYSTEM, OR OTHER SOUND AMPLIFYING EQUIPMENT FOR THE
PURPOSE OF GIVING INSTRUCTIONS, DIRECTIONS, TALKS,
ADDRESSES OR LECTURES, OR FOR TRANSMITIING MUSIC OR
SOUND TO ANY PERSONS OR ASSEMBLAGES OF PERSONS.
AMPLIFIED SOUND SHALL NOT INCLUDE SOUND WHICH IS NOT
AUDIBLE TWENTY-FIVE (25) OR MORE FEET FROM THE PROPERTY
LINE OF THE PROPERTY UPON WHICH THE SOUND SOURCE IS
LOCATED. NOISE SOURCE IN ANY RESIDENTIAL DISTRICT. AND FIFTY
(50) OR MORE FEET FROM THE NOISE SOURCE IN ANY COMMERCIAL
OR INDUSTRIAL DISTRICT.
SOUND-AMPLIFYING EQUIPMENT SHALL MEAN ANY MACHINE OR
DEVICE FOR THE AMPLIFICATION OF A HUMAN VOICE, MUSIC OR ANY
Attachment 1
OTHER SOUND, OR BY WHICH THE HUMAN VOICE, MUSIC OR ANY
OTHER SOUND IS AMPLIFIED.
UNREASONABLE NOISE SHALL MEAN ANY EXCESSIVE OR
UNUSUALLY LOUD SOUND, OR ANY SOUND WHICH DISTURBS THE
PEACE AND QUIET OF ANY NEIGHBORHOOD OR CAUSES DAMAGE TO
ANY PROPERTY OR BUSINESS.
AMPLIFIED SOUND EVENT SHALL MEAN AN OUTDOOR EVENT ON
PRIVATE PROPERTY AT WHICH AMPLIFIED SOUND IS PERMITTED
PURSUANT TO THIS SECTION.
EVENT LOCATION SHALL MEAN THE REAL PROPERTY AT WHICH AN
AMPLIFIED SOUND EVENT IS HELD, EXTENDING TO THE EXTERIOR
PROPERTY LINES THEREOF. IN THE CASE OF A RESIDENTIAL
NEIGHBORHOOD "BLOCK PARTY" OR SIMILAR FUNCTION, THE EVENT
LOCATION SHALL BE THE PUBLIC STREET USED FOR THE EVENT.
(b) UNREASONABLE NOISE: GENERALLY
It is unlawful for any person to INTENTIONALLY, KNOWINGLY, OR
RECKLESSLY make, continue or cause to be made or to permit or assist
another to make, continue or cause to be made, any unreasonable noise
which, under all of the circumstances presented, would annoy, injure or
endanger the comfort, repose or peace of a person of ordinary sensitivities.
The following noises and circumstances shall be deemed as prima facie
unreasonable IN THE CONTEXT OF THE ABOVE STANDARDS:
(1) Any noise or sound which is audible h.venty five (25) or more feet
from a mobile noise or sound source or from any loudspeaker,
public address system, or other sound amplifying equipment in a
motor vehicle in such a manner as to be plainly audible at twenty-
five (25) feet.
(2) Any noise or sound which is audible within a private residence that
the person responsible for the sound has no right to occupy,
specifically including but not limited to apartments, common interest
communities and other multiunit dwelling structures.
(3) Any noise, sound source or any person or group of persons
engaged in loud and continuing activities which are audible twenty-
five (25) or more feet from the noise source IN ANY RESIDENTIAL
DISTRICT, AND FIFTY (50) OR MORE FEET FROM THE NOISE
SOURCE IN ANY COMMERCIAL OR INDUSTRIAL DISTRICT er
at the property line of the property upon which the noise source is
located or upon which such activities are taking place and
continuing for a minimum of fifteen (15) minutes.
( 4) Any person performing or permitting the performance of trash
pickup with a truck which has a compactor or the capacity to raise
-2-
and dump dumpsters in any area zoned for residential uses
between the hours of 11 :00 p.m. and 7:00 a.m . For purposes of this
paragraph, testimony that the name of a business which holds itself
out as being in the business of trash hauling was written on the
trash truck shall be prima facie evidence that the trash truck was
owned by and under the control of the employer so identified.
(c) AMPLIFIED SOUND EVENT: PERMIT REQUIRED
AN OUTDOOR AMPLIFIED SOUND EVENT ON PRIVATE PROPERTY IS
PERMITTED UNDER THIS SECTION UNDER THE FOLLOWING
CONDITIONS:
(1) THE EVENT SPONSOR MUST APPLY FOR AND RECEIVE AN
ADMINISTRATIVE PERMIT FOR THE EVENT, ON FORMS PROVIDED
BY THE CITY CLERK.
(2) THE APPLICATION SHALL BE APPROVED, APPROVED WITH
CONDITIONS, OR DENIED BY THE CITY MANAGER, AFTER REVIEW
BY THE POLICE DEPARTMENT AND ANY OTHER CITY
DEPARTMENT AS APPROPRIATE.
(3) NO AMPLIFIED SOUND EVENT PERMIT MAY BE ISSUED FOR AN
EVENT OUTSIDE OF THE HOURS OF 9:00AM AND 9:00 PM SUNDAY
THROUGH THURSDAY AND 9:00 AM AND 10:00 PM FRIDAY AND
SATURDAY. WITHIN THIS TIME RANGE, AMPLIFIED SOUND
EVENTS MAY BE LIMITED IN DURATION AS DETERMINED BY THE
CITY MANAGER.
(4) THE CITY MANAGER MAY LIMIT THE NUMBER OF AMPLIFIED
SOUND PERMITS PER CALENDAR YEAR THAT MAY BE ISSUED
FOR ANY SINGLE LOCATION .
(5) CONDITIONS MAY BE IMPOSED ON THE PERMIT TO ADDRESS THE
NATURE AND LOCATION OF THE SPECIFIC EVENT. FAILURE OF
THE PERMITTEE TO COMPLY WITH THE CONDITIONS MAY
RESULT IN THE PERMIT BEING REVOKED.
(6) THE EVENT SPONSOR SHALL POST, AT THE EVENT LOCATION,
AND HAND DELIVER FLYERS TO ALL RESIDENCES AND
BUSINESSES WITHIN A 300 FOOT RADIUS OF THE EXTERIOR
PROPERTY LINE OF THE EVENT LOCATION, ADVISING THE
SURROUNDING NEIGHBORHOOD OF THE DATE AND PERMITTED
TIMES OF THE EVENT, NO LATER THAN FOURTEEN (14) DAYS
BEFORE THE EVENT.
(7) THE POLICE DEPARTMENT SHALL HAVE AUTHORITY TO REQUIRE
THE PERMITTEE TO REDUCE THE SOUND VOLUME, CURTAIL THE
HOURS OF THE EVENT, OR CLOSE THE EVENT ENTIRELY, IF THE
SOUND LEVEL AT THE EVENT, EVALUATED AT THE PROPERTY
-3-
LINE OF THE COMPLAINING PARTY CONSTITUTES, IN THE POLICE
DEPARTMENT'S SOUND JUDGMENT, UNREASONABLE NOISE.
(8) AN AMPLIFIED SOUND EVENT FOR WHICH A PERMIT HAS BEEN
ISSUED SHALL BE EXEMPT FROM THE PROVISIONS OF (B)(2) AND
(B)(3) OF THIS SECTION.
(d) ENFORCEMENT:
ANY MEMBER OF THE POLICE DEPARTMENT WHO PERSONALLY
OBSERVES A VIOLATION OF THIS SECTION INCLUDING AMPLIFIED
SOUND EVENTS UNDER SUBSECTION (C), may serve as the
complaining party in the prosecution of such violation, regardless of
whether the officer's observation was initiated by the complaint of another
party.
(e) EXEMPTIONS:
(1) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
ANY BELL OR CHIME OR TO ANY DEVICE FOR THE
PRODUCTION OR REPRODUCTION OF THE SOUND OF BELLS
OR CHIMES FROM ANY CHURCH, CLOCK, OR SCHOOL.
(2) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
SOUND MADE ON PROPERTY OWNED, CONTROLLED, OR
LEASED BY THE CITY, THE STATE OR THE FEDERAL
GOVERNMENT OR BY ANY AGENCY OR POLITICAL
SUBDIVISION THEREOF, WHEN SUCH SOUND IS MADE BY AN
ACTIVITY OF THE GOVERNMENTAL BODY OR SPONSORED
BY IT OR OTHERS PURUSANT TO A CONTRACT, LEASE OR
PERMIT ISSUED BY THE GOVERNMENTAL BODY.
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final
publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 13th day of August , 2012, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge , and Public Hearing and consideration on final
passage set for August 27, 2012 at 7 :00p.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 , 2012 .
-4-
SIGNED by the Mayor on this __ day of ________ , 2012 .
ATIEST:
Janelle Shaver, City Clerk
First Publication: August 16, 2012
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
-5-
DRAFT
City of Wheat Ridge, Colorado
Application & Permit for Amplified Sound
(Private Property)
Applicant:---------------------------Address: _____________________________________________________ __
Telephone: ________________________________________________ _
E-mail: ---------------------------------------------------------
I hereby make application for an Amplified Sound Permit on Private Property pursuant
to the Wheat Ridge Code of Laws Section 16-103, as follows:
1. Name, address and telephone number of Applicant: _________ _
2. Name, address and telephone number of sponsoring organization (if different
from Applicant):
3. Event Location: ----------------------------------------------
4. Date(s) of Event:---------------------
5. Name, address and telephone number of property owner of the Event Location.
6. Hours requested for amplified sound:-----------------------------
7. Describe nature of the source of proposed amplified sound and the user I
performer of sound amplifying equipment: __________________________ _
8. Describe noise control measures to be taken to minimize impacts on surrounding
neighborhood: -----------------------------------------
Attachment 2
DRAFT
I agree, on behalf of the Applicant, that the Event will comply with all City of Wheat
Ridge ordinances and regulations, and in particular the following:
1. The amplified sound will not unreasonably burden the surrounding neighborhood.
2. I will post, at the Event Location, and hand deliver flyers to all residences and
businesses within a 300 foot radius of the exterior property line of the Event
Location, advising the surrounding neighborhood of the date and permitted times
of the Event, no later than fourteen ( 14) days before the Event.
3. I will cooperate with all City of Wheat Ridge officials during the Event to ensure
the conditions of the permit are satisfied.
Applicant: __________________ _
By: ________________________________________ _
Print Name: _________________ _
Date: ----------------------
Applicant not to write below this line
DRAFT
Special Events Permit
Amplified Sound on Private Property
1. The application is complete: __ yes no
2. The permit fee of$ has been paid: __ yes __ no
3. The application is:
__ approved
__ denied
__ approved with the following conditions:
a. This Permit is approved for the following date(s) only: __ _
b. The hours during which amplified sound is allowed shall be from __ p.m. to
__ p.m.
c. Applicant shall file a copy of this Permit with the Wheat Ridge Police
Department. The Police Department shall have the authority to require the
permittee to reduce the sound volume, curtail the hours of the Event, or close
the Event entirely if the department determines that the Event, evaluated at
the property line of the Event Location, constitutes an unreasonable burden
on the surrounding neighborhood which is inconsistent with the Event as
described in the permit application, or is otherwise in violation of any permit
condition.
d. Violation of any of the permit conditions, or of any ordinance or regulation on
the City, shall be cause for revocation of this Permit.
e. The event sponsor shall post, at the Event Location, and hand deliver flyers to
all residences and businesses within a 300 foot radius of the exterior property
line of the Event Location, advising the surrounding neighborhood of the date
and permitted times of the Event, no later than fourteen (14) days before the
Event.
f . Other conditions: ----------------------
Done and signed this _ day of _____ , 20 __
City of Wheat Ridge
By: _________________ _
Patrick Goff, City Manager
~ j ~ -~. ,. Cityof •
JP'WheatRL_dge
ITEM NO:~
DATE: August 27,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: ORDINANCE NO. 17-2012 -AN ORDINANCE ADDING A
NEW SECTION 26-638 TO CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS, CONCERNING ZONING, TO
DEFINE OCCUPANCY LIMITS AND AUTHORIZE THE
ENFORCEMENT OF SUCH LIMITS AS A CIVIL MATTER
D PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
C ief of ohce
ISSUE:
C8] ORDINANCES FOR 1ST READING (08/27/2012)
0 ORDINANCES FOR 2 ° READING (09/1 0/2012)
D YES
The City's zoning regulations, found in Chapter 26 ofthe Wheat Ridge Code of Laws ("Code"),
currently limit the number of unrelated individuals who may reside in a residential dwelling unit,
by virtue of the definitions of"family" and "dwelling unit," and the use schedules and tables
located in various sections throughout the Chapter. This Ordinance adopts a single Code section
concerning residential occupancy limits. Staff believes this amendment will facilitate public
understanding of what is permitted and prohibited, as well as facilitate City enforcement.
This Ordinance also designates a violation of its requirements as a civil matter, for which
violators may not be sentenced to jail, and for which the City's burden of proof is by a
preponderance of the evidence. Staffbelieves these civil standards are more appropriate for
occupancy limit enforcement than criminal standards (potential jail time and proof beyond a
reasonable doubt).
PRIOR ACTION:
This ordinance was reviewed with the City Council at the August 20, 2012 Study
Session.
FINANCIAL IMPACT:
None
Council Action Fonn -Occupancy Limits
August 27 , 2012
Page2
BACKGROUND:
The enforcement of residential occupancy limitations presents several challenges for Community
Service Officers (CSOs) under current Code language. The preparation of a thorough citation or
summons for a violation of such limitations involves referencing and citing several different
Code sections. As such, the potential for technical error in preparing these citations is greater
than with other types of citations . The Code does not contain one stand-alone section that
defines occupancy limits and requires compliance with the same. Staff believes that adopting
such a singular Code section will facilitate the preparation of valid citations by CSOs as well as
clarify occupancy limitations for the public.
Another challenge presented by occupancy limit enforcement is the gathering of evidence
sufficient to prove violations beyond a reasonable doubt. To meet that burden of proof in regard
to who lives in a particular home requires regular, round-the-clock observation of the home over
a period of time. It is impossible for the Police Department to devote resources to such a task. It
is unrealistic to expect a complaining neighbor or other citizens to collect and provide this level
of evidence. If occupancy limit violations were designated as a civil matter, violators would not
be subject to jail time and the City's burden of proof would be by a preponderance of the
evidence. Staff believes that both the lower classification of penalty and lower burden of proof
are more appropriate than the criminal standard for occupancy limit violations.
RECOMMENDATIONS:
Staff recommends approval of the ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 17-2012, an ordinance adding a new section 26-638 to
chapter 26 of the Wheat Ridge Code of Laws , concerning zoning, to define occupancy limits and
authorize the enforcement of such limits as a civil matter, on first reading, order it published ,
public hearing set for Monday, September 10, 2012 at 7 p.m. in the City Hall Council Chambers,
and that it takes effect 15 days after final publication."
Or,
"I move to postpone indefinitely Council Bill No . 17-2012, an ordinance adding a new section
26-638 to chapter 26 of the Wheat Ridge Code of Laws, concerning zoning, to define occupancy
limits and authori ze the enforcement of such limits as a civil matter, for the following reason(s)
"
REPORT PREPARED/REVIEWED BY:
Daniel G. Brennan, Chief of Police
ATTACHMENTS:
1. Council Bill No.17 -201 2
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
Council Bill No. 17
Ordinance No. ----Series of 2012
TITLE: AN ORDINANCE ADDING A NEW SECTION 26-638 TO CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS, CONCERNING ZONING, TO
DEFINE OCCUPANCY LIMITS AND AUTHORIZE THE ENFORCEMENT
OF SUCH LIMITS AS A CIVIL MA ITER
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado
Revised Statutes , the City, acting through its City Council (the "Council"), previously adopted
planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the
"Code"); and
WHEREAS, the City's zoning regulations currently limit the number of unrelated individuals
who may reside in a residential dwelling unit by virtue of the definitions of "family," "dwelling unit,"
and the permitted use schedule and table codified in various sections throughout Chapter 26 of
the Code; and
WHEREAS, the Council finds that adopting a single Code section concerning occupancy
limits in regards to dwelling units would facilitate public understanding of what is permitted and
prohibited as well as facilitate the City's enforcement of the occupancy limits ; and
WHEREAS, the Council further finds that it is appropriate and desirable to designate a
violation of such occupancy limits as a civil matter, for which violators may not be sentenced to jail
and for which the City's burden of proof is by a preponderance of the evidence.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Article VI of Chapter 26 of the Wheat Ridge Code of Laws , concerning
zoning supplementary regulations, is hereby amended by the addition of a new Section 26-638, to
read in its entirety as follows :
Sec. 26-638. Occupancy Limits.
A. Except as provided in subsections B. and E. hereof, the maximum occupancy
allowed per dwelling unit in a one-family, two -family or multi -family dwelling shall
be either:
1. One ( 1) family, as defined by Section 26-123 of this Code , and not
more than one (1) additional person; or
2. Two (2) adults and their dependents , if any, and not more than one (1)
additional person .
Attachment 1
B. Exceptions. The following shall be exempt from the maximum occupancy
limit established in Subsection A above:
1. Residential group homes that conform to the requirements of Section
26-612 of this Code; and
2. Dwellings owned and operated by a nonprofit organization incorporated
under the laws of this state for the purpose of providing housing to victims
of domestic violence as such is defined in C.R.S. § 18-6-800.03.
C. A violation of this Section shall be proven by a preponderance of the
evidence. The owner and any other person responsible for the management or
control of a dwelling unit shall be liable for allowing occupancy in excess of this
Section if he or she knew, or through reasonable diligence should have known,
that a violation of this Section was occurring.
D. Definitions. The following words, terms and phrases, when used in this
Section, shall have the following meanings:
1. Adult shall mean any person eighteen ( 18) years of age or older who
is not a dependent.
2. Dependent shall mean the biological child of an adult occupying a
dwelling unit, or a person related to an adult by reason of adoption,
guardianship or other duly authorized custodial relationship, who receives
financial support from the adult and who resides with the adult in the
dwelling unit at least three (3) calendar months in a calendar year.
3. Occupancy or occupy shall mean the use of a dwelling unit or any
portion thereof for living and sleeping purposes by a person acting in any
of the following capacities:
a. As an owner of the unit;
b. As a tenant under an express or implied lease or sublease of
the unit or of any portion thereof;
c. As the dependent of such an owner or tenant; or
d. As a guest or invitee of the owner, property manager, lessee or
sublessee of the unit or of the dependent of any of the same, if
such guest or invitee stays overnight at the unit for a total of thirty
(30) or more days within any twelve-month period .
E. Nothing in this Section shall operate to amend, abrogate or otherwise affect
the validity of occupancy limitations as applied to building standards and
regulations of the City, as set forth in Chapter 5 of this Code, including all
technical codes adopted by reference therein. In the event of a conflict between
two applicable occupancy standards, the stricter (lower) occupancy limit shall
apply.
2
Section 2. Safety Clause. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that
it is promulgated for the health, safety, and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or
clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of
the remaining sections, subsections and clauses shall not be affected thereby. All other
ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed .
Section 4. Effective Date. This Ordinance shall take effect fifteen ( 15) days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on
this _ day of , 2012, 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 , 2012, at 7:00 o'clock p .m., in the Council Chambers, 7500 West 29th
Avenue , Wheat Ridge, Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
___ to , this day of , 2012.
SIGNED by the Mayor on this ___ day of _________ , 2012.
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
3
~ "~
_ ... J .,. City of • ~WheatRi_dge
ITEM NO:~
DATE: August 27,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: ORDINANCE NO. 18-2012 -AN ORDINANCE AMENDING
SUBSECTION 4-34(E) OF THE WHEAT RIDGE CODE OF
LAWS, CONCERNING KENNEL LICENSE
REQUIREMENTS, TO PROHIBIT VARIANCES THAT
CONFLICT WITH THE CITY'S ZONING REGULATIONS
D PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
. ief of olice
ISSUE:
~ ORDINANCES FOR 1ST READING (08/27/2012)
0 ORDINANCES FOR 2 ° READING (09/10/2012)
D YES
City Manager
Section 4-34 of the Wheat Ridge Code of Laws ("Code") requires a person who wishes to keep
more than three dogs or four cats or who wishes to operate a commercial kennel business to
obtain a kennel license from the Chief of Police. The Chief is further authorized to grant
variances from this Section.
The current language ofthe Code does not authorize the Chief to consider whether a requested
variance is consistent with the City's zoning regulations, found in Chapter 26 of the Code. As a
result, the Chief could potentially approve a kennel license variance to keep a certain number of
animals, or to conduct a business that is nonetheless prohibited in its proposed location by the
City's zoning regulations.
This Ordinance prohibits the Chief from granting a variance under Section 4-34 that proposes a
use ofland prohibited by the City's zoning regulations, Chapter 26.
PRIOR ACTION:
This ordinance was reviewed with the City Council at the August 20,2012 Study Session.
FINANCIAL IMPACT:
None
Council Action Form -Amending 4-34 Kennel License Variances
August 27 , 2012
Page2 f
BACKGROUND:
Section 4-34 of the Wheat Ridge Code of Laws ("Code") requires any person who wishes to do
the following to obtain a kennel license from the Chief of Police: (1) Keep more than three dogs
or four cats of more than six months of age; or (2) Conduct a commercial business of breeding,
buying, selling, trading, training or boarding cats or dogs. Subsection (e) of this Section
authorizes the ChiefofPolice to grant variances from the requirements ofSection 4-34.
Chapter 26 of the Code, concerning zoning, prohibits the keeping of more than three dogs or four
cats in residential zone districts. These zoning regulations are separate from , and independent of,
the kennel licensing requirements of Section 4-34. The provisions of Chapter 26 are valid and
enforceable against a property, regardless of the occupant's compliance with Section 4-34. For
example, a resident could obtain a variance from the Chief to keep more than three dogs or four
cats without a kennel license, but that use ofland is still prohibited in residential districts under
the City's zoning regulations. Similarly, a business could apply for a variance from the Chief to
operate a kennel business without a kennel license. If the proposed commercial kennel is located
in a residential district, that use of land would be prohibited by Chapter 26 , even if the Chief
grants a license variance under Chapter 4.
Staff recommends this Code amendment to harn1onize the provisions of Chapters 4 and 26 of the
Code.
RECOMMENDATIONS:
Staff recommends approval of the ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 18-2012 , an ordinance amending subsection 4-34(e) of the
Wheat Ridge Code of Laws, concerning kennel license requirements , to prohibit variances that
conflict with the City 's zoning regulations , on first reading, order it published , public hearing set
for Monday, September 10 , 2012 at 7 p.m. in the City Hall Council Chambers, and that it takes
effect 15 days after final publication."
Or,
"I move to postpone indefinitely Council Bill No. 18-2012 , an ordinance amending subsection 4-
34( e) of the Wheat Ridge Code of Laws, concerning kennel license requirements, to prohibit
variances that conflict with the City's zoning regulations , for the following reason(s) ____ "
REPORT PREPARED/REVIEWED BY:
Daniel G. Brennan, Chief of Police
ATTACHMENTS:
I. Council Bill No. 18-2012
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
Council Bill No. 18
Ordinance No. ----
Series of 2012
TITLE: AN ORDINANCE AMENDING SUBSECTION 4-34(E) OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING KENNEL
LICENSE REQUIREMENTS, TO PROHIBIT VARIANCES THAT
CONFLICT WITH THE CITY'S ZONING REGULATIONS
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401(1)(m), the City,
acting through its City Council (the "Council"), is authorized to regulate the keeping of animals
within the City; and
WHEREAS, pursuant to this authority, the Council previously adopted dog and cat kennel
license requirements, including the imposition of a maximum number of dogs and cats permitted,
codified as Section 4-34 of the Wheat Ridge Code of Laws ("Code");
WHEREAS, Code Subsection 4-34(e) authorizes the Chief of Police to grant variances
from the requirements of Section 4-34; and
WHEREAS, in rendering a decision on such a variance application, Code Subsection 4-
34(e) does not currently authorize the Chief of Police to consider whether the keeping of animals
proposed by the variance is permitted or prohibited by the City's zoning regulations, codified as
Chapter 26 of the Code ; and
WHEREAS, as a result, the Chief of Police could grant a kennel license variance
application that authorizes a use of property that is prohibited by another portion of the Code ; and
WHEREAS, while the City's zoning regulations are valid and enforceable against a
property regardless of action taken by the Chief of Police on a kennel license variance application
for the same property, City staff believes it would provide clarity and consistency to the Code to
prohibit Chapter 4 variances that conflict with the City's zoning regulations.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Subsection 4-34( e) of the Wheat Ridge Code of Laws , concerning kennel
license requirements, is hereby amended as follows:
(e) This section shall not apply to and will not be construed to require a
kennel license for any pet shop which sells animals of less than six (6)
months of age .
Any person or business applying for or holding a kennel license must be
currently licensed by the State of Colorado . Pursuant to the Pet Animal Care and
Facilities Act, C.R.S. §§ 35-80-101 -35-80-117 .
Attachment 1
The issuance of a new kennel license shall be based on the following
minimum requirements:
Application for a new kennel license or for transfer of an existing license shall
be made to and a recommendation of approval obtained from the ANIMAL
WELFARE AND CONTROL commission. The application shall include a detailed
description of the property to be licensed.
The ANIMAL WELFARE AND CONTROL commission may require a public hearing
before a new kennel license is recommended for approval. The hearing shall be posted and
published in the same manner as in section 26-6.
The animal welfare and control commission shall have the authority to conduct a
hearing to consider whether to recommend that the chief of police grant a variance to
subsection (a) above as to the number of animals permitted and the ANIMAL WELFARE
AND CONTROL commission shall inform the chief of police of its decision .
The recommendation of the ANIMAL WELFARE AND CONTROL commission shall be
forwarded to the chief of police, who shall act to approve, approve with conditions, or deny
the application within thirty (30) days of the ANIMAL WELFARE AND CONTROL
commission's recommendation. THE CHIEF OF POLICE SHALL NOT APPROVE A
VARIANCE APPLICATION THAT PROPOSES THE USE OF PROPERTY IN VIOLATION
OF CHAPTER 26 OF THIS CODE.
The chief of police may promulgate rules and regulations to establish minimum
standards for the care and treatment of animals at any facility licensed under this section,
after review and approval by the animal welfare and control commission.
Community service officers or any agent of the chief of police have the authority to
inspect any licensed facility under this section during normal posted business hours .
Violations of any of this section may be brought before the animal welfare and control
commission for review, and a hearing may be initiated by the ANIMAL WELFARE AND
CONTROL commission for suspension, revocation or nonrenewal of the kennel license.
The animal welfare and control commission may recommend, and the chief of police may
revoke, suspend or not renew a license for failure to comply with any of the requirements of
this section. No such action may be taken without prior notice to the licensee and an
opportunity for the licensee to present evidence and testify. No decision by the chief of
police under this section shall bind, alter, or affect a subsequent decision on a subsequent
application, either for a new kennel license or for renewal of an existing license. Nothing in
this section shall affect the independent authority of appropriate city officials to take action
with respect to vicious animals, threats to public safety, or the enforcement of any other
provision of this Code of Laws .
Section 2. Safety Clause . The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that
it is promulgated for the health, safety, and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained.
2
Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or
clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of
the remaining sections, subsections and clauses shall not be affected thereby. All other
ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on
this_ day of , 2012, 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 , 2012, at 7:00 o'clock p.m ., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
___ to , this day of , 2012.
SIGNED by the Mayor on this ____ day of _________ , 2012.
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
3
~ ~ ~ ~
, ~ , City of •
JP'WheatR!_dge
ITEMNO: 7,
DATE: August 27 , 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 19-2012 AN ORDINANCE
AMENDING SECTION 24-51 OF THE WHEAT RIDGE
CODE OF LAWS, CONCERNING WEED AND TALL GRASS
CONTROL, TO AUTHORIZE ABATEMENT OF
VIOLATIONS THEREOF AND ABATEMENT COST
RECOVERY THROUGH NUISANCE ENFORCEMENT AND
ADMINISTRATIVE ENFORCEMENT
0 PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
?!7
{__/;/
City Attorney
ISSUE:
rgj ORDINANCES FOR I ST READING (08/27 /2012)
0 ORDINANCES FOR 2N° READING (09/10/2012)
D YES
The weed and tall grass abatement process currently set forth in Section 24-51 of the
Wheat Ridge Code of Laws ("Code") authorizes the City to enter property for abatement
purposes upon seven (7) days' notice by posting or mailing. The City Attorney's Office
and Police Department have consulted and recommend that this process be amended , and
abatement pursued under the existing nuisance enforcement and administrative
enforcement processes found elsewhere in the Code. This Ordinance makes those
recommended changes.
PRIOR ACTION:
This ordinance was reviewed with City Council at the August 20, 2012 Study Session.
FINANCIAL IMPACT:
No financial impacts are anticipated with these amendments. The recommended changes
to abatement cost recovery and administrative fee provisions are consistent with current
business practices .
Council Action Form -Ordinance Section 24-51 Weed Abatement Hearing
August 27 , 2012
Page 2 1
\ I
BACKGROUND:
Code Section 24-51 requires property owners and occupants to control the growth of weeds and
tall grass upon their properties. If a property contains grass or weeds that violate the
requirements of Section 24-51, current Code language authorizes the City to enter the property to
cut the weeds and grass after providing seven (7) days' notice. The notice may be either posted
on the property or mailed to the owner and occupant.
The City Attorney's office reviewed Code Section 24-51 , at the request of the Police
Department, for purposes of evaluating this abatement process. The City Attorney's office
recommended amending this Code section to provide an owner or occupant the opportunity for a
hearing, before the City enters his or her property to cut weeds or grass. Providing an
opportunity for a hearing provides each owner and occupant with due process.
Two separate portions of the Code currently contain enforcement processes that include an
opportunity for a pre-abatement hearing: Chapter 2 , concerning administrative enforcement; and
Chapter 15 , concerning nuisance enforcement. The Police Department and City Attorney's
office confeiTed to determine that the most efficient way to provide a pre-abatement hearing
opportunity for Code Section 24-51 violations is to cross-reference the existing administrative
enforcement process in Chapter 2 of the Code. An emergency situation that presents imminent
danger to the public health, safety or welfare could be immediately abated by the City, without a
hearing, under the provisions of Code Section 15-9 . Staff further recommends that the abatement
cost recovery process and administrative fees for abatement actions under Section 24-51 be
consistent with the abatement cost recovery process and fees in place for other abatement
actions. This Ordinance therefore deletes the cuiTent reference to fees in Code Section 24-51 and
cross-references the abatement cost recovery process and fees located in Code Section 15-11.
RECOMMENDATIONS:
Staff recommends approval ofthis Ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 19-2012 , an ordinance amending section 24-51 of the
Wheat Ridge Code of Laws , concerning weed and tall grass control , to authorize abatement of
violations thereof through nuisance enforcement and administrative enforcement, on first
reading, order it published , public hearing set for Monday, September 10, 2012, at 7 p.m. in the
City Hall Council Chambers, and that it takes effect 15 days after final publication."
Or
"I move to postpone indefinitely Council Bill No. 19-2012 , an ordinance amending Section 24-
51 of the Wheat Ridge Code of Laws , concerning weed and tall grass control , to authorize
abatement of violations thereof through nuisance enforcement and administrative enforcement of
the following reasons(s) "
Council Action Form -Ordinance Section 24-51 Weed Abatement Hearing
August 27 , 2012
Page 3
REPORT PREPARED BY:
Carmen Beery, City Attomey's Office
Daniel G. Brennan , Chief of Police
ATTACHMENTS:
1. Council Bill No. 19-2011
2. Staff Report -24-51 Amendment.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
Council Bill No. 19
Ordinance No. ___ _
Series of 2012
TITLE: AN ORDINANCE AMENDING SECTION 24-51 OF THE WHEAT RIDGE CODE
OF LAWS, CONCERNING WEED AND TALL GRASS CONTROL, TO
AUTHORIZE ABATEMENT OF VIOLATIONS THEREOF AND ABATEMENT
COST RECOVERY THROUGH NUISANCE ENFORCEMENT AND
ADMINISTRATIVE ENFORCEMENT
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C .R.S . § 31-15-401, the City , acting
through its City Council (the "Council "), is authorized to declare and abate nuisances and to
declare as unlawful and prohibit activity that is detrimental to the public health, safety and welfare;
and
WHEREAS , pursuant to this authority, the Council previously adopted certain requirements
concerning the control of weeds and tall grass upon properties within the City , codified as Section
24-51 of the Wheat Ridge Code of Laws ("Code "), and declared certain violations thereof to be a
nuisance; and
WHEREAS, Code Section 24-51 currently authorizes the City to summarily abate weeds
and tall grass upon private property after providing the owners and occupants of such property
seven (7) days' written notice ; and
WHEREAS, Chapter 2 of the Code, concerning administrative enforcement , provides
property owners with a ten (1 0) day period to abate certain Code violations, including violations of
Chapter 24 ; and
WHEREAS, the Council finds that , in the interests of consistency , it is desirable to amend
Code Section 24-51 to eliminate the current seven (7) day notice period and to reference the
administrative enforcement process, including a ten (10) day notice period, already available to
enforce such violations under Chapter 2 of the Code ; and
WHEREAS, the Council finds that it is equitable and desirable to provide property owners
and occupants an opportunity to have a hearing on an alleged violation of Code Section 24-51
prior to the City 's abatement of any such violation ; and
WHEREAS, the Council therefore finds it additionally desirable and internally consistent to
reference the administrative enforcement process of Chapter 2, which includes an opportunity for
a hearing , in Code Section 24-51; and
WHEREAS, the Council further desires to authorize the City to recover its costs to abate
violations of Code Section 24-51 in accordance with the nuisance abatement cost recovery
process set forth in Section 15-11 of the Code .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Attachment 1
Section 1. Section 24-51 of the Wheat Ridge Code of Laws, concerning weed and tall
grass control , is hereby amended as follows:
Sec. 24-51. -Weed and tall grass control.
(a) All owners and occupants of land shall prevent property owned or
occupied by them from becoming overgrown with weeds or tall grass.
(b) It shall be unlawful for the owner or occupant of any undeveloped
property zoned as agricultural , excluding the city's owned or leased
greenbelt natural areas, to permit weeds or tall grass to grow on such
property to a height of more than twelve ( 12) inches within a distance of
one hundred (1 00) feet from any public street, highway or park, or within
a distance of one hundred (1 00) feet from property lines adjoining any
residential, commercial, industrial or open zone or use.
(c) Weeds and tall grass shall be controlled by cutting , spraying or other
lawful and suitable method of control. Such methods shall include
irradication ERADICATION, containment and/or suppression, as
appropriate and as deemed by the city to be consistent with 35-5.5-101 et
seq., C.R.S .
(d) It shall be unlawful and shall be deemed a nuisance for the owner of any
property, regardless of its zoning , to allow weeds or tall grass in excess of
twelve (12} inches height to grow on the adjacent street or right-of-way ,
OR TO VIOLATE ANY OTHER SUBSECTION OF THIS SECTION.
(e) The city may ENFORCE AND ABATE ANY VIOLATION OF THIS
SECTION AS AUTHORIZED BY ARTICLE V OF CHAPTER 2 OF THIS
CODE AND RECOVER ITS ABATEMENT COSTS AS AUTHORIZED BY
ARTICLE II OF CHAPTER 15 OF THIS CODE. THE ENFORCEMENT
PROCESS SET FORTH IN ARTICLE V OF CHAPTER 2 OF THE CODE
INCLUDES A TEN (10) DAY PERIOD TO CURE VIOLATIONS AND AN
OPPORTUNITY FOR A HEARING . THE CITY IS AUTHORIZED TO
FOLLOW THE ABATEMENT COST RECOVERY PROCESS SET
FORTH IN SECTION 15-11 OF THE CODE TO RECOVER ITS
ABATEMENT COSTS AND FEES FOR VIOLATIONS OF THIS
SECTION . notify property owners and occupants in violation of this
section either by posting the property, or by first class or certified mail, at
the city's option Such notice shall be dated and shall include a statement
directing that failure to cut and remove the weeds or tall grass within
seven (7) days of the notice 'Nill result in the city cutting such weeds or tall
grass and the actual cost of the cutting and/or removal, plus
administrative fees of twenty five (25) percent for the first cut, fifty (50)
percent for the second cut and seventy five (75) percent for the third cut
'Nithin the same growing season , plus a fifteen (15) percent fee if not paid
within thirty (30) days, charged to the owner notwithstanding the
provisions of section 15 11 (a). SUCH ABATEMENT COSTS AND FEES
ARE RECOVERABLE IN ADDITION TO ANY ADMINISTRATIVE FINE ,
FEE OR CHARGE IMPOSED FOR THE SAME VIOLATION PURSUANT
TO CHAPTER 2 OF THE CODE.
2
(f) If the o'lmer or oooupants shall fail to out weeds or tall grass, as required
by this seotion, within se';en (7) days after being notified to do so, the oity
may direst that tho weeds or tall grass be out and oharge the oost thereof
to the owner in the manner permitted by seotion 24 10
(Fg) This section shall not apply to :
(1) Lots or parcels zoned for and also used for agricultural operations,
or
(2) Lots or parcels larger than twelve thousand , five hundred (12,500)
square feet, under a single ownership, used for the growing and
harvesting of agricultural crops, regardless of the zoning of the
lots or parcels.
(Gf\) The city may pursue the remedies set forth herein with or without also
filing a complaint in the municipal court, at the city's sole discretion.
(H•) For the purposes of this section, the following terms shall be defined:
Agricultural crop. Cultivated grain and non-grain plants grown for food or fiber,
including vegetables, fruits , nuts, and nursery plants .
Agricultural operation. A purpose related to the production, harvest, exhibition,
processing or manufacture of agricultural products by a natural person who
cultivates, plants, propagates or nurtures the agricultural products .
Section 2. Safety Clause. The City Council hereby finds , determines , and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that
it is promulgated for the health, safety, and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained .
Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or
clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of
the remaining sections, subsections and clauses shall not be affected thereby. All other
ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed.
Section 4. Effective Date . This Ordinance shall take effect fifteen (15) days after final
publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ , AND ADOPTED on first reading by a vote of to on
this _ day of , 2012 , 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 , 2012 , at 7 :00 o'clock p .m., in the Council Chambers , 7500 West 29th
Avenue , Wheat Ridge , Colorado .
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
___ to , this day of , 2012 .
3
SIGNED by the Mayor on this ___ day of _________ , 2012.
ATTEST:
Janelle Shaver, City Clerk
First Publication :
Second Publ ication :
Wheat Ridge Transcript
Effective Date :
Jerry DiTullio, Mayor
Approved As To Form
Gerald E. Dahl , City Attorney
4
~~"~ .... ~ City of --~Wheat&._clge ~OLICE DEPARTMENT
Memorandum
TO: Mayor DiTullio and City Council
THROUGH: Patrick Goff, City Manager
Daniel Brennan, Chief of Police
FROM: Mary McKenna, Community Services Supervisor
DATE: August 22 , 2012 (City Council Meeting August 27, 2012)
SUBJECT: Staff Report -Adding a new Section 26-638 of the Code of Laws
The Community Services Team is authorized to enforce certain provisions of Chapter 26 of the
Code of Laws. One of the enforcement challenges is the determination of the number of
occupants residing in a single residential unit. Section 26-123 defines the term "family'' and
establishes limits on the number of unrelated individuals who may reside in a single dwelling
unit by the definitions of"family," and "dwelling unit." However, because there is not a specific
ordinance for violating the provisions of Section 26-123 , the City has to cite a violator in a
cumbersome manner. For example, citing a property owner for exceeding the number of
unrelated individuals residing in a single dwelling would entail a notice of violation citing
Chapter 26-204 (zone district schedule), 26-123 (definition of "dwelling unit" and "family") and
26-1004 (the declaration of a violation).
Article V of Chapter 2 encompasses violations of Chapter 26 (zoning) pursuant to Section 2-80.
In reviewing this option, staff recommends that the City adopt a single ordinance concerning
occupancy limits for residential units, Section 26-638. The adoption of a single ordinance would
facilitate the public's understanding of what is permitted and prohibited, as well as facilitate the
City's enforcement of the occupancy limits. TI1is new ordinance does not change the definition
of a family, as defined in Section 26-123 ofthe Code of Laws.
There is no fmancial impact associated with these proposed changes.
This new ordinance was presented to the Planning Commission on July 19 , 2012 and approved.
Attachment: Proposed ordinance, Section 26-638
Attachment 2
~ ' ~ ... ~ • ., City of •
JP'WheatRl__dge
ITEM NO:~
DATE: August 27 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 42-2012-A RESOLUTION AUTHORIZING
THE EXECUTION OF AN AGREEMENT ALLOWING
WALRUS 5560 LLC TO PARTICIPATE IN THE WHEAT
RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM AND
FOR THE REBATE OF ELIGIBLE CITY FEES, CHARGES
AND TAXES IN AN AMOUNT NOT TO EXCEED $25,500 IN
ASSOCIATION WITH THE DEMOLITION AND REMODEL
OF A FACILITY AT 5560 W. 29th AVENUE
1:8] PUBLIC HEARING
D BIDS/MOTIONS
1:8] RESOLUTIONS
City Manager
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
D YES 1:8] NO
The City received a request from Bud Starker, owner of Walrus 5560 LLC (Walrus), to enter into
the Business Development Zone (BDZ) program for the rebate of eligible City fees , charges and
taxes in association with a proposed partial demolition and remodel of a facility at 5560 W. 29 1h
A venue in Wheat Ridge.
PRIOR ACTION:
At the May 14, 2012 meeting the Council approved a resolution forming a Business
Development Zone encompassing the entire City.
FINANCIAL IMPACT:
The improvement cost for this demolition and remodel will generate approximately $25 ,500 in
building use tax. The financial impact to the City will be the rebate of 1 00% of the building use
tax , not-to-exceed $25 ,500.
Council Action Form
August 27 , 2012
Page 2 ,.
(~ . ..
BACKGROUND:
Wheat Ridge Code of Laws Chapter 22 , Article I, Division 5, establishes the BDZ, an economic
development tool. The goal of the BDZ is to encourage the development of private sector jobs,
revitalize deteriorating areas of the City and encourage the development, redevelopment and
expansion ofbusinesses within the City.
This tool allows the City Council to waive certain building pennit fees and building use taxes in
association with construction projects that occur in established Business Development Zones.
The tool is intended to be used to refund fees and taxes for projects that have the potential to
generate future sales and use tax or provide substantial public benefit to the City.
Walrus 5560 LLC has purchased property located at 5560 W . 29th Avenue in Wheat Ridge. The
site included two older structures. The buildings are zoned commercial and had been leased as
residential units . For the past few years one of the buildings has remained vacant and has led to
a blighting factor in the neighborhood , while the other structure was in need of major repairs and
was showing its age.
Adjacent to the Walrus site to the west is a small commercial project that contains a produce
market, a butcher, and a hair salon. To the east are a vacant structure and a small service industry
business.
Walrus is developing the site to accommodate a full-service , sit-down restaurant and bar with
interior seating for about I 00. The project will include exterior patio seating. The project will
have an on-site parking lot for 16 vehicles and provide required accessible spaces. After
construction the facility will be leased to an un-named restaurant that expects to have an initial
staff of approximately 25 persons.
New public improvements being constructed at the expense of Walrus include two new curb
cuts , curb and gutter, and sidewalks adjacent to the property.
During and upon completion of the project the end user will provide the fo1lowing:
• Future sales and use tax revenue
• The generation of permanent jobs
• Construction-related jobs and the economic activity they bring to the surrounding
neighborhood
RECOMMENDATIONS:
Staff recommends the City Council allow Walrus to participate in the BDZ Program and to
consider a rebate of 100% of the building use tax created by the project, not to exceed $25 ,500.
Council Action Fonn
August 27 ,2012
Page 3
RECOMMENDED MOTION:
"I move to approve Resolution No.42 -2012 , a resolution authorizing the execution of an
agreement allowing Walrus 5560 LLC to participate in the Wheat Ridge Business Development
Zone Program and for the rebate ofbuilding use tax in an amount not to exceed $25,500 in
association with the demolition and remodel of a facility at 5560 W. 29111 Avenue in Wheat
Ridge."
Or,
"I move to postpone indefinitely Resolution No. 42-2012 , a resolution authorizing the execution
of an agreement allowing Walrus 5560 LLC to participate in the Wheat Ridge Business
Development Zone Program , and for the rebate of use tax in association with the demolition and
remodel of a facility at 5560 W. 29th Avenue for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art, Economic Development/Urban Renewal Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No . 42-2012
2. Agreement to Participate
3. Request letter
4. Code of Laws Chapter 22, Article I, Division 5
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 42
Series of 2012
TITLE: A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT ALLOWING WALRUS 5560 LLC. TO PARTICIPATE IN
THE WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM
FOR THE REBATE OF ELIGIBLE CITY FEES, CHARGES AND TAXES
IN AN AMOUNT NOT TO EXCEED $25,500 IN ASSOCIATION WITH
THE DEMOLITION AND REMODEL OF A FACILITY AT 5560 W. 29TH
AVENUE
WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws
("Code") Chapter 22, Article I, Division 5, "Business Development Zone" ("the
Program"), to encourage, in part, continued development and expansion of
opportunities for employment in the private sector in the City; and
WHEREAS, Walrus 5560 LLC ("Owner'') has applied to participate in the
Program and a public hearing was posted and conducted; and
WHEREAS, Owner is the owner and operator of leasable space and
improvements thereon within the City and is the operator of a commercial development
serving residents of Wheat Ridge and surrounding communities; and
WHEREAS, pursuant to Code Sec. 22-86 (b), the City Council has designated
the real property leased by Owner as a "Wheat Ridge Business Development Zone";
and
WHEREAS, Owner plans to construct tenant improvements totaling
approximately $850,000; and
WHEREAS, the project creates neighborhood services and brings revenue to the
City from surrounding communities -a true definition of economic development; and
WHEREAS; the project will create construction related jobs prior to the opening
of the facility and up to 25 permanent jobs after completion of the project; and
WHEREAS; the project creates new revenue through sales tax, permit fees, and
use tax on furniture, fixtures and equipment; and
WHEREAS; the project spurs reinvestment and remodeling of a blighted facility,
thus enhancing and preserving its economic viability in the City; and
WHEREAS; the project should lead to the revitalization of the 291h Avenue
commercial corridor and aid the existing commercial establishments; and
Attachment 1
WHEREAS, the Program allows the City to provide for the sharing of certain
categories of fees, taxes and other business development-related charges for new
development within the business development district ("Eligible City Fees, Charges and
Taxes" as defined in Code Sec. 22-87 (1 )) to the extent allowed by an agreement with a
business owner; and
WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the
expansion of Owner in that it will alleviate a portion of the costs associated with the
expansion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
An Agreement to Participate in the City of Wheat Ridge Business Development
Zone Program with Walrus 5560 LLC is hereby approved wherein an amount not
to exceed $25,500 of approved and audited building use tax will be rebated to
Walrus 5560 LLC.
DONE AND RESOLVED this 27th day of August 2012.
Jerry DiTullio, Mayor
ATIEST:
Janelle Shaver, City Clerk
AGREEMENT TO PARTICIPATE IN THE
CITY OF WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM
This Agreement to Participate in the City of Wheat Ridge Business Development Zone
Program (this "Agreement") is made and entered into as of the 27th day of August, 2012, by and
between WALRUS 5560 LLC located at 730 Kalamath Street, Denver, CO 80204hereinafter
referred to as the "Owner" and the CITY OF WHEAT RIDGE, COLORADO, 7500 W. 29th
Avenue, Wheat Ridge, Colorado 80033 hereinafter referred to as the "City," collectively the
"Parties," and each individually, as a "Party."
WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws
("Code") Chapter 22, Article I, Division 5, "Business Development Zone" (the "Program"), to
encourage, in part, continued development and expansion of opportunities for employment in the
private sector in the City; and
WHEREAS, Owner has applied to participate in the Program and a public hearing was
posted and conducted; and
WHEREAS, Owner is the owner and operator of leasable space and improvements
thereon within the City and known as the "Owner," and is the operator of a commercial
development serving residents of Wheat Ridge and surrounding communities; and
WHEREAS, pursuant to Code Sec. 22-86 (b), the City Council has designated the real
property leased by Owner as a "Wheat Ridge Business Development Zone"; and
WHEREAS, Owner plans to construct tenant improvements totaling approximately
$850,000; and
WHEREAS, the project creates neighborhood services and brings revenue to the City
from surrounding communities -a true definition of economic development; and
WHEREAS; the project will create up to 25 jobs and construction related jobs prior to
the opening of the facility, and
WHEREAS; the project creates new revenue through permit fees, and use tax on
furniture, fixtures and equipment;
WHEREAS; the project spurs reinvestment and remodeling of a blighted facility, thus
enhancing and preserving its economic viability in the City; and
WHEREAS; the project should lead to the revitalization of the 29th A venue commercial
corridor and aid the existing commercial establishments;
WHEREAS, the Program allows the City to provide for the sharing of certain categories
of fees, taxes and other business development-related charges for new development within the
business development district ("Eligible City Fees, Charges and Taxes" as defined in Code Sec.
22-87 (1 )) to the extent allowed by an agreement with a business owner; and
1
Attachment 2
WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the expansion of
Owner in that it will alleviate a portion of the costs associated with the expansion.
NOW, THEREFORE, in consideration of the foregoing, and the covenants, promises, and
agreements of each of the Parties hereto , to be kept and performed by each of them, the Parties
agree as follows:
1. Recitals. The Recitals set forth above are incorporated in this Agreement by
reference.
2. Term.
The term of this Agreement shall commence on August 27, 2012 and shall terminate
upon full refund by the City to Owner of eligible City fees, charges and taxes as set forth in
Paragraph 7 (the "Term"). Notwithstanding the foregoing , it is an express provision of this
Agreement that this Agreement shall expire and be of no further force and effect upon the
occurrence of the earlier to occur of: (1) expiration of the Term or (2) payment of the maximum
amount to be shared as set forth in Paragraph 7 (whether or not the Tenn has expired), or (3)
detennination by the City of Owner's default, as provided in Paragraphs 13 or 15.
3 . The Project.
The project proposed by the Owner through which it desires to participate in the Program
consists of the following, generally: lease space property upon which to demolish a blighted
structure and construct tenant improvements in the amount of approximately $850,000 that
include interior and exterior improvements to the Owner site, the addition of a paved 16 stall
parking lot, the creation of an outdoor patio area , and development of a restaurant with a full
licensed commercial kitchen. The foregoing shall be collectively referred to herein as the
"Project," and is more fully described below at Paragraphs 4 and 8.
4. Representations of Owner. Pursuant to Code Sec. 22-94, Owner hereby represents
to the City the fo11owing:
a. Improvements justifying Project approval.
1. Revitalization of land. The project will invest an estimated $850,000 into an
interior and exterior remodel of the building with plans subject to approval by the
City of Wheat Ridge Community Development Department and attached as Scope
of Development and attached as Exhibit A which shall also be used as the
application for inclusion in the program. Estimated cost. The cost for the initial
phase of the Project including the improvements described above is estimated to
be approximately EIGHT HUNDRED AND FIFTY THOUSAND DOLLARS
($850,000)
b. Expected future tax revenue. Owner operates a Limited Liability Corporation. Any
future sales and use tax revenue will be directly generated by this Project. Benefits to the
2
community which may generate future sales and use tax indirectly have been identified
by the Owner as follows:
1. Short-term positive impact during construction : Prior to the completion of the
Project, the tenant improvement phase will employ additional personnel in the
construction phase.
n. Upon completion of the improvements, the project will provide new sales tax
production.
m. This project should lead to improving the neighborhood and providing more
dining options in the community.
tv . Creates new revenue through pennit fees , use tax on furniture , fixtures and
equipment and sales tax ;
5. Personal agreement; non-transferable; no third party beneficiaries
The cost-sharing of Eligible City Fees , Charges and Taxes as approved herein shall
constitute a personal agreement between the City and Owner. The terms of this Agreement do
not run with the land . The obligations , benefits and/or provisions of this Agreement may not be
assigned in whole or in any part without the express authorization of the City Council. No third
party shall be entitled to rely upon or enforce any provision hereof.
6. Agreement not to constitute debt or obligation of the City
Nothing herein shall be construed to constitute a debt or obligation of the City.
Notwithstanding any other provision of this Agreement to the contrary, the Parties understand
and acknowledge that the City is subject to Article X , § 20 of the Colorado Constitution
("TABOR"). This Agreement does not create a multi-fiscal year direct or indirect debt or
obligation within the meaning of TABOR and , therefore , notwithstanding anything in this
Agreement to the contrary, all payment obligations of the City are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of the City 's current fiscal
period ending upon the next succeeding December 31 . Financial obligations of the City payable
after the current fiscal year are contingent upon funds for that purpose being appropriated ,
budgeted, and otherwise made available in accordance with ordinances and resolutions of the
City and other applicable law.
7. Cost-sharing
a . Estimated Eligible City Fees, Charges and Taxes . The following are estimates of the
Eligible City Taxes which are the subject of the cost-sharing herein.
1. Use Tax: The project will invest approximately $850 ,000 in new construction
improvements, furniture and fixtures.
b . Cost-sharing. Pursuant to Code Sec. 22-88 , cost-sharing of the Eligible City Fees ,
Charges and Taxes may be granted up to the Expected Use Tax Revenue. It is
3
anticipated that the Use Tax Revenue received from the Project is currently projected to
be $25 ,500 of Use-tax . Notwithstanding th e foregoing , and in reliance upon the
representation of Owner of the benefits to the City of the Project, the City and Owner
agree to the cost-sharing for the Eligible City Fees , Charges and Taxes as follows :
1. 100 % of the Eligible City Fees, Charges and Taxes shall be due and paid to the
City by Owner for tenant improvements in an amount not to exceed $25 ,500
based upon review and approval by the City of properly documented requests for
the same. Upon receipt thereof, the City shall refund 100% of such Eligible City
Fee, Charges and Taxes back to the Owner in 1 equal payment to their overall Tax
charge described in Paragraph 2 herein. In no event shall the City be obligated to
refund more than $25 ,500 of use tax on eligible City Use Tax , Charges and Fees
received by it.
8. Legalchallenge
In the event of legal challenge to the Program as applied to Owner, any costs scheduled
to be shared-back to Owner shall be escrowed until resolution of the dispute.
9. Waiver of Code requirements
To the extent any requirements of Code Sees. 22-85 through 22-96 have been waived ,
such waiver has occurred pursuant to Code Sec . 22-93 (c) whereby the City Council ha s found
by a % majority vote that such waiver is in the public 's interest and will provide a substantial
benefit to the City.
10. No joint venture
Pursuant to Code Sec. 22-95 , nothing herein shall be construed to create a joint venture
between the City and Owner. Notwithstanding any provision hereof, the City shall never be a
joint venture in any private entity or activity which participates in the Program, and the City shall
never be liable or responsible for any debt or obligation of any participant , including the Owner,
in the Program .
11. Use of funds
Pursuant to Code Sec. 22-89 , Owner expressly acknowledges and agrees that any Eligible
Use Tax , Fees , and Charges refunded to the Owner under this Agreement, up to the amount
agreed upon by the City Council pursuant to this Agreement may only be used for the purpose of
the Project, as described in Paragraph 12 , on Owner 's Property within the underlying Business
Development Zone.
12. Uses enumerated
Pursuant to Code Sec . 22-90 , the uses to which the Eligible U se Tax, Fees, and Charges
may be put by the Owner shall be strictly limited to those which are approved by the City
Council and which relate directly to the Project within the City, which Project is anticipated to
4
indirectly generate more municipal sales and use tax revenues for the City in the future. Uses
hereby expressly approved by City Council are as follows:
-Demolition of one structure and the interior and exterior improvements to the
site at 5560 W. 29 111 A venue located at the southeast corner of 29 111 A venue and
Depew Streets in Wheat Ridge ;
13. No covenant to construct or to operate.
The intent of this Agreement is to provide for Owner's participation in the Program , in
the event that Owner completes the Project. Notwithstanding any provision in this Agreement to
the contrary, Owner shall have no obligation under this Agreement to complete the Project. In
the event Owner fails to complete the Project, this Agreement may be tenninated at the option of
the City.
14. Remedies
The Owner waives any constitutional claims against the City arising out of a breach of
this Agreement. The Owner's remedies against the City under this Agreement are limited to
breach of contract claims. In no event shall the City be liable for any fonn of damages , including
without limitation: exemplary, punitive or consequential damages , including economic damages
and lost profits.
15. Termination
In the event Owner fails to comply with one or more of the tenns of this Agreement, City
may , in its sole discretion , terminate this Agreement.
16. Indemnification
To the fullest extent permitted by law , Owner agrees to indemnify and hold the City
harmless from any damage, liability or cost (including reasonable attorneys ' fees and cost of
defense) to the extent caused by the Owner's negligent acts , errors or omissions in the
perfonnance this Agreement and those of its sub-contractors, sub-consultants or anyone for
whom the Owner is legally liable. To the extent permitted by the Colorado Constitution and
statutes, the City agrees to indemnify and hold the Owner harmless from any damage , liability or
cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the City 's
negligent acts , errors or omissions arising from this Agreement. These defense and
indemnification obligations shall survive the expiration or termination of this Agreement. The
Parties acknowledge that the provisions of this Paragraph are not intended to waive or alter any
of the rights and defenses afforded to the City under the common law, the Colorado
Governmental Immunity Act , C.R.S. §§ 24-10-101 , et. seq . or any other law.
17. Severability
If any part, term or provision of this Agreement or the Program is held by a court of
competent jurisdiction to be illegal or in conflict with any law of the State of Colorado , the
5
validity of the remaining portions or provisions shall not be affected , the rights and obligations of
the Parties shall be construed and enforced as if the Agreement did not contain the particular
part , tenn or provision held to be invalid, and the Parties shall cooperate to cure any legal defects
in the Agreement or the Program. Should the sharing of Eligible City Fees , Charges and Taxes
pursuant to this Agreement be judicially adjudged illegal , invalid or unenforceable under the
present or future laws effective during the Tenn of this Agreement by a court of competent
jurisdiction in a final , non-appealable judgment, the Parties shall utilize their best, good faith
efforts to restructure this Agreement or enter into a new agreement consistent with the purposes
of this Agreement. Should the Parties be unsuccessful in their efforts , the Agreement shall
terminate without penalty or recourse to either Party.
18. Governing law; venue
The laws of the State of Colorado shall govern the validity, perfonnance and enforcement
of this Agreement. Should either Party institute legal suit or action for enforcement of any
obligation contained herein , it is agreed that venue of such suit or action shall be proper and
exclusive in the district court for Jefferson County, Colorado.
19. Notices
All notices required or permitted under this Agreement shall be in writing and shall be
hand delivered or sent by certified mail , return receipt requested , postage prepaid , to be
addressed to the Parties set forth below . All notices so given shall be considered effective upon
the earlier of the actual receipt or seventy-two (72) hours after deposit in the United States Mail
with the proper address . Either Party by notice so given may change the address to which future
notices shall be sent:
Notice to the City:
Copy to :
Notice to the Owner:
Copy to:
20.
City Manager
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, CO 80033
City Attorney
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, CO 80033
Bud Starker
Walrus 5560 LLC
730 Kalamath Street
Denver, CO 80204
Entire agreement-amendments
This Agreement embodies the whole agreement of the Parties. There are no promises ,
terms , conditions , or obligations other than those contained herein, and this Agreement shall
6
supersede all previous communications, representations or agreements , either verbal or written,
between the Parties hereto. This Agreement may be amended only by written agreement
between the Owner and the City acting pursuant to City Council authorization.
21. Effective date
This Agreement shall be effective and binding upon the Parties upon the date first set
forth above.
IN WITNESS WHEREOF, Owner and City have each caused this Agreement to be
executed by their authorized representatives.
State of Colorado
County of 1 efferson
)
)
)
OWNER
OWNER, LLC
By: ____________________________ __
Name: Bud Starker
Title: Owner -Walrus 5560 LLC
ss.
The foregoing Agreement was acknowledged before me this _ day of _________ _, 2010, by
____________________ , Starker Construction Company.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: ______________ _
NOTARY PUBLIC
7
CITY OF WHEAT RIDGE
ATTEST:
Name: Janelle Shaver
Title: City Clerk
By: __________________ __
Name: Jerry DiTullio
Title: Mayor
Approved as to Fonn
Gerald E. Dahl , City Attorney
8
EXHIBIT A
SCOPE OF DEVELOPMENT
The project is a full-service sit-down restaurant and bar with interior seating for
about 100 as well as exterior patio seating. They will have an on-site parking lot
for 16 cars. They expect to have an initial staff of approximately 25 persons.
New improvements being constructed include:
• two new curb cuts, curb and gutter and sidewalks adjacent to the property.
• A 16-stall parking lot with accessible spaces
• Demolition of a blighted structure on the site for patio and parking areas
• Remodel and addition to remaining commercial structure that will provide
for a commercial kitchen, accessible restroom facilities, new fa9ade and
general improvements to the facility
• Outdoor seating patio
After construction the project will provide:
• The incremental future sales and use tax revenue expected from the
development of this property is significant;
• The project will generate many permanent good paying job opportunities, as
well as good construction-related jobs during construction and the economic
activity they bring to the surrounding neighborhood;
• The project will construct improvements in the public 1ight-of-way which
will defer improvements being made by the city; and
• The project is in conformance with the best aspects of the comprehensive
plan.
9
Mr. Steve Art
WALRUS 5560 LLC
730 Kalamath Street
Denver, CO 80204
(303) 595-8900
wstarker@starker.net
July 17, 2012
Economic Development & Urban Renewal Manager
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80033
Re: a Restaurant
5560 West 29th Avenue
Wheat Ridge, CO 80214
Dear Steve,
We greatly appreciate the interest the City of Wheat Ridge has shown in our plan to
develop a restaurant property at 29th & Depew Streets. To recap the project: a full-service
sit-down restaurant and bar with interior seating for about 100 as well as exterior patio
seating. We will have an on-site parking lot for 16 cars. We expect to have an initial staff of
approximately 25 persons, hopefully filled with many Wheat Ridge residents. New public
improvements being constructed at our expense include two new curb cuts, curb and
gutter and sidewalks adjacent to the property.
As we are included in the new city-wide business development zone, we are
requesting the abatement of use taxes, permit and zoning fees, and any other assistance
available from the city based on the following criteria:
• The incremental future sales and use tax revenue expected from the development of
this property is significant;
• The project will generate many permanent good paying job opportunities for our
citizens, as well as good construction-related jobs during construction and the
economic activity they bring to the surrounding neighborhood;
• The project will construct improvements in the public right-of-way which will defer
improvements being made by the city; and
• The project is in conformance with the best aspects of the comprehensive plan.
I currently estimate that we will invest about $850,000 in building construction
improvements, furniture, fixtures and equipment. We have paid to date $6,314.23 in use
taxes and $6,079.15 in permit and zoning fees.
Attachment 3
Once again, thank you for your help with this project. We are very excited to bring
this restaurant to Wheat Ridge and hope this project becomes a catalyst for development
on the eastern edge of the city. Please feel free to contact me if you have any questions.
Sincerely yours,
William J. (Bud) Starker
Sec. 22-85.-Program established.
There is hereby established within the city the "Wheat Ridge Business Development Zone" program .
(Ord. No . 888, § 1, 1-13 -92 ; Ord. No 1272, § 1, 12-9-02)
Sec. 22 -86 . -Legislat ive declarations.
(a)
(b)
(c)
(d)
The city council of the city hereby finds and declares:
(1)
(2)
(3)
That the health, safety and welfare of the people of this city are in large part dependent upon
the continued encouragement, development and expansion of opportunities for employment
in the private sector in this city;
That there currently exists in this city businesses or vacant land which require new
development or revitalization opportunities to overcome conditions of unemployment.
underemployment, net out-migration of the population, diminution of tax revenues , chronic
economic distress and blighting influences such as , but not limited to, deterioration of
business districts, deterioration of public infrastructures , traffic and drainage problems or
sudden severe economic dislocations;
That by creating new development, redevelopment or expansion opportunities for
businesses within the city the city council will increase the likelihood that new and improved
businesses will generate more municipal sales and use tax revenues for the city in the future .
It is therefore declared to be the policy of the city, in order to provide incentives for private
enterprises to expand or for new businesses to locate in the city, to develop a program which
empowers the city council to designate portions of the city as a "business development zone" and to
provide for the abatement of certain categories of fees, taxes and other business development-
related charges for new development or redevelopment within such districts .
The city council has enacted this division 5 of article I of chapter 22 of the Code of Laws as a joint
benefit to the public at large and to private owners for the purposes of reducing blight in our business
districts and of providing the city with increased sales and use tax revenues generated upon and by
properties improved as a result of this program and allowing owners and proprietors opportunities to
improve properties which generate sales activities , which improvements make those properties more
competitive in the marketplace and further provide to owners and proprietors additional contingent
sources of revenues for ungrading such properties .
The city council specifically finds and determines that creation of this "business development zone"
division and the exercise of the powers enumerated herein are consistent with and promotes the
public health , safety and general welfare of the citizens of Wheat Ridge.
(Ord. No. 888. § 1, 1-13 -92; Ord No. 1993-947. § 1, 12 -13 -93 ; Ord. No . 1272, § 1, 12 -9-02)
Sec. 22-87. -Definitions.
Attachment 4
As used in this division, the following phrases shall have the following meanings unless the context
clearly indicates another meaning :
(1)
(2)
(3)
(4)
The phrase eligible city fees, charges and taxes shall mean and shall be limited to use tax on
furniture and fixtures associated with the initial development or redevelopment "project," use
tax on building materials, building permit fees and zoning fees .
The phrase expected incremental future sales and use tax revenue shall mean the amount of
the additional sales and use tax revenue, as projected by the city , expected to be generated
during the council-designated time period from the time of completion of the "project" over
and above the sales and use tax fees generated on the premises in the twelve (12) months
preceding the application described in section 22-88
The phrase owner or proprietor shall mean the record owner, tenant or operator of an
individual business or, in the case of a shopping center, the owner of the real property upon
which more than one business is operated.
Project shall mean the specific development or redevelopment expenditures which relate
both to the abatement of "eligible city fees, charges, and taxes" and "expected incremental
future sales and use tax revenues."
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-88.-Participation .
Participation in the business development zone program shall be based upon approval by the city
council, exercising its legislative discretion in good faith . Any owner or proprietor of an established, proposed
or newly purchased business, or the owner or proprietor of an existing business which wishes to expand,
may apply to the city for inclusion within the program . Abatement or sharing of eligible city fees, charges ,
and taxes shall, upon approval of the application by the city council, be granted up to the amount of
expected incremental future sales and use tax revenue to be generated by the project during the agreed to
time period .
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272. § 1, 12-9-02)
Sec. 22-89. -Approval of agreement; use of funds generally.
Approval by the city council of an agreement implementing the provisions of this division shall entitle
the applicant to share in the eligible city fees, charges and taxes up to the amount agreed by the city council ;
provided, however, that applicant may use such amounts only for the purpose of developing or redeveloping
the business within the approved business development zone, which purposes shall be specifically
enumerated in the agreement provided for in section 22-94 hereof.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-90.-Uses enumerated.
The uses to which the eligible city fees, charges and taxes may be put by an applicant shall be
strictly limited to those which are approved by the city council and relate directly to the development or
redevelopment of businesses within the city, which developed or redeveloped businesses will generate more
municipal sales and use tax revenues for the city in the future. Priority shall be given to all businesses which
make application for inclusion within this program and who agree to utilize the eligible city fees, charges and
taxes for the public or public-related purposes identified section 22-78 of this Code of Laws.
(Ord. No . 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-91. -Increments, sharing of funds.
The base figure for eligible city fees , charges and taxes shall be divided into twelve (12) monthly
increments, which increments are subject to agreement between the parties and approved by the city
council, and which increments shall be reasonably related to the amount of sales and use taxes generated
on the premises in the twelve (12) months preceding the application received by the city for participation in
this program. The accounting and payment provisions of sections 22-79 and 22-80 hereof are hereby
declared to be applicable to any application approved hereunder.
(Ord. No . 888, § 1, 1-13 -92; Ord. No . 1272, § 1, 12-9-02)
Sec. 22-92. -Capital improvement fund.
The one (1) percent of use taxes earmarked for the capital improvement fund may be utilized in this
business development zone program for public improvements so long as the same are within the meaning of
the phrase capital improvements as defined in the voter-approved sales tax referendum previously held
within the city, and provided the public improvements are found and determined by the city council to be
capital improvements which could be provided by the city from the capital improvement fund but for the
provision of such improvements by the applicant.
(Ord . No . 888, § 1. 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-93. -Criteria for approval of application.
(a)
Approval of an application for inclusion in this business development zone program shall be given by
the city council at a public hearing held as a portion of a regularly scheduled city council meeting
based upon the following criteria:
{1)
(2)
(3)
(4)
(5)
The amount of expected incremental future sales and use tax revenue which [can]
reasonably be anticipated to be derived by the city through the expanded or new tax
generating business;
The public benefits which are provided by the applicant through public works, public
improvements, additional employment for city residents , etc.;
The amount, if any, of city expenditures which may be deferred based upon public
improvements to be completed by the applicant;
The conformance of the applicant's property or project with the comprehensive plan and
zoning ordinances of the city;
(b)
(c)
The agreement required by section 22-94 hereof having been reached, which agreement
shall contain and conform to all of the requirements of such section.
Approval of any application shall be made by motion adopted by a majority of the entire city council.
The city council may by three-fourths(%) majority vote approve exceptions to the provisions of this
division when such exceptions are found to be in the public's interest and such exceptions provide
substantial benefit to the city.
(Ord . No . 888, § 1, 1-13-92; Ord. No . 1993-947, § 2, 12-13-93; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-94. -Agreement required.
Each application for approval to the city council shall be subject to approval by the council solely on
its own merits. Approval of one application shall not require, or be deemed precedent for , approval of any
other application. Approval of an application shall require that an agreement be executed by the owner and
the city, which agreement shall, at a minimum contain:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
A list of those public or public-related improvements which justify applicant's approval, and
the amount which shall be spend on such improvements;
The maximum amount of expected incremental future sales and use tax revenue and the
maximum time during which the agreement shall continue, it being expressly understood that
any such agreement shall expire and be of no further force and effect upon the occurrence of
the earlier to be reached of the maximum time of the agreement (whether or not the
maximum amount to be shared has been reached) or the maximum amount to be shared
(whether or not the maximum time set forth has expired);
A statement that this is a personal agreement which is not transferable and which does not
run with the land;
That this agreement shall never constitute a debt or obligation of the city within any
constitutional or statutory provision;
The base amount which is agreed upon by month, and the fact that if, in any month as
specified, expected incremental future sales and use tax revenue received from the property
does not at least equal such amount, that there shall be no sharing of funds for such month ;
The base amount shall be agreed upon, which shall consider the use taxes generated by the
property in question, or a similar property within the city in the event of a new business;
A provision that any expected incremental future sales and use tax revenue shall be
escrowed in the event there is a legal challenge to this business development zone program;
(9)
An affirmative statement that the obligations , benefits and/or provisions of this agreement
may not be assigned in whole or in any part without the expressed authorization of the city
council , and further that no third party shall be entitled to rely upon or enforce any provis ion
hereof;
Any other provisions agreed upon by the parties and approved by the city council.
(Ord. No . 888, § 1, 1-13 -92 ; Ord. No . 1272, § 1, 12-9-02)
Sec. 22-95.-Joint venture liability.
The city council has enacted this business development zone as a joint benefit to the public at large
and to private owners for the purposes of providing the city with increased tax revenues generated upon and
by properties improved as a result of this program; public improvements being completed by private owners
through no debt obligation being incurred on the part of the city, and allowing applicants an opportunity to
improve properties which generate sales and other business activities . The city council specifically finds and
determines that creation of this business development zone is consistent with the c ity's powers as a home
rule municipal corporation , and that exercise of such powers in the manner set forth herein is in furtherance
of the public health , safety and welfare . Notwithstanding any provision hereof, the city shall never be a joint
venture in any private entity or activity which participates in this business development zone program , and
the city shall never be liable or responsible for any debt or obligation of any participant in this business
development zone.
(Ord. No . 888, § 1, 1-13 -92; Ord. No . 1272, § 1, 12 -9-02)
Sec. 22-96.-ESTIP and TIF.
If the applicant, owner or proprietor participates in the city's Enhanced Sales Tax Incentive Program
("ESTIP") or if the owner's or proprietor's business is located in an urban renewal area in which all or a
portion of sales tax revenues have been pledged as part of a tax increment financing program , he or she
shall be ineligible for participation in this business development zone program .
(Ord. No . 888, § 1, 1-13 -92 ; Ord. No. 1272, § 1, 12 -9-02)
Sees. 22-97-22-99. -Reserved.
.. ~ ~
...... ~ r-City of •
:?"WheatRi_dge
ITEM NO:~
DATE: August 27 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 43-2009 - A RESOLUTION OF THE
WHEAT RIDGE CITY COUNCIL CONCERNING THE
JEFFERSON COUNTY SCHOOL DISTRICT R-l'S BOND
ISSUE AND MILL LEVY OVERRIDE ISSUE ON THE
NOVEMBER 6, 2012 GENERAL ELECTION BALLOT
D PUBLIC HEARING
D BIDS/MOTIONS
C8J RESOLUTIONS
City Manager
ISSUE:
D ORDINANCES FOR 1ST READING (rnrnldd/yyyy)
0 ORDINANCES FOR 2 ND READING (rnrnldd/yyyy)
D YES C8J NO
The majority of Wheat Ridge citizens rely on the Jefferson County R-1 school district to
provide for the education needs of their children. The demands of the school system are
greater than the resources currently available because of the decrease in state funding.
One-time funds from the state and federal government are also gone.
The Jefferson County Board of Education has placed two issues on tl1e November 6 ,
2012 general election ballot.
The first seeks a mill levy override to maintain class size and student electives, maintain
programs of instrumental music , counseling, teacher training, and libraries , reinstate
instructional days , maintain healthy and safe learning environments and continue
technology integrations in schools.
The second seeks approval to increase debt by $99 million to keep students "wann, safe,
and dry" through building maintenance and improvements .
V :\Form s\CAFtemplate
Council Action Form
August 22 ,2012
Page 2 ,
I ) . '
PRIOR ACTION:
City Council reviewed the proposed resolution at the August 20, 2012 study session.
FINANCIAL IMPACT:
None
RECOMMENDATIONS:
Staff recommends approval of Resolution 43-2012 to provide support for the goals and
objectives of the Jefferson County School District.
RECOMMENDED MOTION:
"I move to approve Resolution No. 43-2012, a resolution of the Wheat Ridge City
Council concerning the Jefferson County School District R-1 's bond issue and mill levy
override issue on the November 6 , 2012, 2012 general election ballot."
Or,
"I move to table indefinitely Resolution No . 43-2012, a resolution of the Wheat Ridge
City Council concerning the Jefferson County School District R-1 's bond issue and mill
levy override issue on the November 6 , 2012 , 2012 general election ballot for the
following reason(s) "
REPORT PREPARED BY;
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 43-201 2
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 43
Series of 2012
A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL
CONCERNING THE JEFFERSON COUNTY SCHOOL DISTRICT
R-1 'S BOND ISSUE AND MILL LEVY OVERRIDE ISSUE ON THE
NOVEMBER 6, 2012 GENERAL ELECTION BALLOT
WHEREAS, Colorado Revised Statute 1-45-117 authorizes City Council to pass
a resolution in support of Ballot Issues ; and
WHEREAS, the majority of citizens of the City Of Wheat Ridge rely on
Jefferson County R-1 school District to provide for the educational needs of our children ;
and
WHEREAS , the demands on the school system are greater than the resources
currently available because the state funding per student has decreased $761 per student
between 2009-2010 and 2012-2013 and because one time funds from the state and federal
government are gone; and
WHEREAS , the Jefferson County Board of Education has placed two ballot
issues on the November 6, 201 2 General Election ballot; and
WHEREAS , the first Ballot Issue seeks a mill levy override to maintain class size
and student electives , maintain the programs of instrumental music, counseling, teacher
training , and libraries , reinstate instructional days , maintain healthy and safe learning
environments , and continue technology integration in schools ; and
WHEREAS, the second Ballot Issue seeks approval to increase debt by $99
million to keep our students "warm, safe, and dry" through building maintenance and
improvements ; and
WHEREAS , the 2004 capital improvement program was completed on time and
on budget; and
WHEREAS , the Jefferson County School district has demonstrated effective and
efficient use of public funds; and
WHEREAS, the Wheat Ridge City Council wishes to support the goals of these
Ballot Issues as public education is a fundamental service deserving of support.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
Attachment 1
The Mayor and City Council of the City of Wheat Ridge support the goals ofboth
Jefferson County School District Ballot Issues and urge registered voters in the
City of Wheat Ridge to educate themselves on these issues and to vote on
November 6 , 2012.
DONE AND RESOLVED this 2i11 day of August 2012.
Jerry DiTullio , Mayor
ATTEST:
Janelle Shav er, City Clerk