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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:) / / / / / / / / _ .......... -" -~"e· .. r:,a\'(\ "l'te5" _,...--...... ,...... '\ / / / / .-" \ --\ City of Arvada P .0. Box 8101 Arvada, CO 80001-8101 \ \ / \ NE cor. NW'A, SW'A, Sec. 15 I I I I I I I I I I ,.J I I I I I I I I I I \ \ ----30'± --- \ \ \ \ \ \ \ \ \ \ ' I I I I ....; en Q) u c Q) "0 c Q) a. Q) "0 .E SE cor. NW'A, I SW'A, Sec. 15 ~ 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. __ ,_. t . I ! I I ~] 15' li . -----~ -· ::::_:-. --;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 ~ ~ n .. ;.,,.,. ,,.., 36" all uses 42", unless SF or duplex, then no ,.,.,.,., ;,.,.,. ...... ,.,. ... + Figure 26 603.1 Sight DistaRGe TFiaRgles -~ ~ ~ 2 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. ---·-· I I I t· ~. ---.-··-··-~-, ~ ~. i Driv way 15' . ! I . ·-~ Property Line~ ----. --· --·-~---· 25' Local Street Figure 26-603.1 -Sight Distance Triangle ..... Ql Ql ,_ ..... Vl tU ·;::: Ql ..... ,_ <t: ,_ 0 ,_ 0 55 ' ..... u ~ 0 u 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